TERMS AND CONDITIONS OF USE Graoulib'
Between
The service user, hereinafter referred to as "the User"
And
The customer contract partner Fifteen, with a share capital of €1,827,377, headquartered at 8, rue Henri Meyer 92130 Issy-Les-Moulineaux, registered in the Nanterre Trade and Companies Register under number 505 280 727, represented by Mr. Arnaud le Rodallec, in his capacity as managing director,
Hereinafter referred to as "the Operator",
SUMMARY
| Article | Topic | Page |
| 1 | PURPOSE | 2 |
| 1.1 | Purpose | 2 |
| 1.2 | Customer Service Contact Details | 2 |
| 2 | DEFINITIONS | 3 |
| 3 | DESCRIPTION OF THE SERVICE | 4 |
| 4 | RATE, APPLICABLE PRICE AND PAYMENT TERMS | 4 |
| 4.1 | Rates - Applicable Price | 4 |
| 4.2 | Payment Terms | 5 |
| 4.3 | Payment Security and Bank Fraud | 5 |
| 4.4 | Pre-authorization | 5 |
| 4.5 | User Commitments | 5 |
| 5 | OBLIGATIONS OF THE PARTIES | 5 |
| 5.1 | Operator Obligations | 6 |
| 5.2 | User Obligations | 6 |
| 5.2.1 | Adherence to the TCUs | 6 |
| 5.2.2 | Conditions for Access to the Service | 6 |
| 5.2.3 | Account Creation and Update | 7 |
| 5.2.4 | Choice of Identifiers - Account Security | 7 |
| 5.2.5 | Access to the Bike | 8 |
| 5.2.6 | Conditions of Bike Use | 8 |
| 5.2.7 | Civil Liability Insurance | 9 |
| 6 | CONTRACT TERMINATION | 9 |
| 6.1 | Termination of the Contract by the User | 9 |
| 6.2 | Termination for User Misconduct | 9 |
| 7 | SPECIFIC CONDITIONS FOR BIKE USE | 10 |
| 7.1 | Terms for Borrowing a Bike at a Station | 10 |
| 7.2 | Securing and Keeping the Bike | 10 |
| 7.3 | Terms for Returning the Bike to a Station at the End of the Rental | 11 |
| 7.4 | Case of Changing Destination during Rental | 11 |
| 7.5 | Request for Emergency Journey End | 12 |
| 7.6 | Service Operation Zone | 12 |
| 8 | LIABILITY AND PENALTIES | 13 |
| 8.1 | User Liability | 13 |
| 8.2 | Exclusions from User Liability | 14 |
| 8.3 | Penalties | 14 |
| 9 | PERSONAL DATA - BLOCTEL SYSTEM | 14 |
| 9.1 | Personal Data | 15 |
| 9.2 | Information relative to the Bloctel device | 15 |
| 10 | DISPUTE RESOLUTION | 15 |
| 10.1 | Mediation Clause | 15 |
| 10.2 | European Consumer Dispute Resolution Platform | 15 |
| 11 | APPLICATION, MODIFICATION AND ENFORCEABILITY OF THE TCUs | 16 |
ARTICLE 1 – PURPOSE
1.1 Purpose
The Graoulib' service is a self-service electric-assist bicycle system offered by Fifteen, which provides the electric-assist Bicycles, Stations, and Applications necessary for the execution of the Service. The purpose of these General Conditions of Use of the service is to define the terms of the provision of the Service to natural persons for their personal use under the conditions defined below.
1.2 Customer Service Contact Details
| support@graoulib-eurometropolemetz.eu | |
| Address | 8 rue Henri Meyer - 92130 Issy Les Moulineaux |
| Phone | 09 74 99 18 91 |
Customer Service is open:
From 8:00 AM to 8:00 PM, Monday to Friday
From 10:00 AM to 1:00 PM and from 1:30 PM to 6:30 PM on weekends and public holidays
ARTICLE 2 – DEFINITIONS
| Application | The program is downloadable free of charge and executable from the operating system (iOS or Android) of a smartphone. The Application allows any User to subscribe to the Service, to find a Bike or a Station nearby, but also to choose a route adapted for cyclists, to consult the number of kilometers traveled, to contact Customer Service, to report an incident, and to terminate the service. |
| Account | The customer Account created by the User on the Application to allow them to access the Service. |
| TCUs | These General Conditions of Use of the Service. |
| Maximum Continuous Usage Duration | Maximum duration of 24 hours of Bike use or maximum pause of 1 hour of the journey, the exceeding of which leads to the application of penalties by the Operator in accordance with the provisions of article 15. |
| Party(ies) | Individually or collectively the Operator and/or the User. |
| Service Price | Rate applied according to the duration of the journey, increased, where applicable, by the penalties provided for in article 8.3. |
| Operator | The company Fifteen that operates the Graoulib' service. |
| Service | The self-service electric-assist bicycle service Graoulib' offered by the Operator. |
| Customer Service | The Operator's Customer Service whose contact details are mentioned in article 1.2. |
| Station | The parking area for the Graoulib' Bicycles is equipped with at least one terminal and a parking space marked by paint on the ground for a capacity of 15 to 20 Bicycles. |
| Rate | The price applicable to the Service which is expressly communicated via the Application and/or the Website before the Bike is made available. |
| User | Any natural person of legal age capable of using the Service, or any minor person over 14 years old under the conditions defined in article 5.2. |
| Bike | The Graoulib' electric-assist Bicycles used within the framework of the Service offered by the Operator. |
| Service Operation Zone | The geographical perimeter within which the User has the right to use the Bike and which can be consulted at any time in the Application.
|
ARTICLE 3 – DESCRIPTION OF THE SERVICE
The Service allows the User, after having created an Account on the Application, to borrow a Bike located at a Station according to the terms described hereafter.
The User must download the Application to their smartphone.
The Application notably allows the User to:
identify themselves and access the information on their Account;
consult the status of the Stations and the location of the Bicycles nearby;
obtain information relating to the Service;
contact Customer Service;
rent a Bike;
register, modify, or delete their banking information;
consult the history of their journeys and payments;
consult the TCUs.
ARTICLE 4 – RATE, APPLICABLE PRICE AND PAYMENT TERMS
4.1 Rates - Applicable Price
The applicable Rate is the one displayed in the Application at the time the User rents a Bike. By agreeing to take the Bike, the User is therefore fully informed of the applicable pricing.
The applicable price for the Service is based on the duration of the journey performed. It may also be increased by the penalties defined in article 8.3.
4.2. Payment Terms
The Service Price is debited directly from the bank card provided by the User in the Application.
By entering and then validating their bank card number, the User grants the Operator authorization to debit their card for all amounts due for the use of the Service in accordance with the TCUs.
4.3. Payment Security and Bank Fraud
Payment is made via the partner payment platform operated by Stripe.Inc, which offers a secure and PCI-DSS certified payment interface. Stripe.Inc undertakes to maintain this certification (or any equivalent certification) and is responsible for the security of cardholder data it collects or stores, processes, or transmits on behalf of and for the Operator's Account.
In accordance with common law provisions, any fraudulent use of the User's bank card is governed by the agreement they have made with their banking institution. Consequently, the Operator cannot be held responsible for the fraudulent use of the User's bank card.
4.4. Pre-authorization
At the start of the journey, Stripe Inc. may proceed with a pre-authorization to debit the User's bank card in order to guarantee payment for the Service and the proper use of the Service. This pre-authorization may be charged in the event of misuse and may be kept in the event of a dispute. The amount of the pre-authorization is the one displayed in the application.
In certain cases, this pre-authorization may temporarily appear on the User's bank Account. It is canceled at the end of the journey to make way for the direct debit of the Service price.
4.5. User Commitments
The User certifies that they have the capacity, consent, or power required to associate the bank card with their Account, and to be debited from this card for the Service usage fees.
The User guarantees that the bank card associated with their Account is valid at the time of subscribing to the Service and that it remains valid until the effective return of the Bike.
ARTICLE 5 – OBLIGATIONS OF THE PARTIES
5.1 Operator Obligations
The Service is accessible within the limit of the Bicycles available in the territory, 7 days a week, 24 hours a day, without interruption, except in case of force majeure as defined in article 1218 of the Civil Code or a decision by an administrative or judicial authority imposing a total or partial, temporary or definitive restriction on the establishment of a Station, the use of one or more Bicycles, or cycling traffic in the territory where the Service is implemented. The Operator makes its best efforts to inform the User in real-time of the Service's availability conditions via the Website or the Application.
5.2 User Obligations
5.2.1 Adherence to the TCUs
USE OF THE SERVICE IMPLIES UNRESERVED ADHERENCE TO THESE TCUs.
THE OPERATOR RESERVES THE RIGHT TO REFUSE OR CANCEL THE CREATION OF AN ACCOUNT OR ACCESS TO THE SERVICE TO ANY USER WHO DOES NOT MEET THE CONDITIONS REQUIRED IN THESE TCUs.
The User acknowledges being perfectly informed that their agreement concerning the content of the TCUs does not require the manual or electronic signature of a document.
5.2.2. Conditions for Access to the Service
The use of the Service is reserved for adults capable of riding a Bike. The User must not present any contraindication to cycling. Furthermore, they must be in good health and of sufficient size to use the Bike safely.
However, the Service is accessible to minors aged between 14 and 18 years old. In this case, their legal representative must enter their payment card number on the minor's Account.
As with any User, the minor over 14 years old must hold a personal Account, a telephone number, and an email address. It is specified that the Accounts are strictly personal, and allow the User to rent, use, and return a Bike at any time according to the conditions described hereafter.
It is therefore forbidden for the User to lend, rent, or transfer their Account.
Access to the Service is prohibited for minors under 14 years old, whether accompanied or not.
The User undertakes to comply with all applicable legal and regulatory provisions, and notably the provisions of the Highway Code (Code de la route).
The User is prohibited from:
using the Bike on terrain or in conditions likely to damage the Bike (and notably, but not limited to: going up or down stairs, etc.);
transporting passengers in any way whatsoever;
loading the front basket with a weight exceeding 5 kg;
loading the Bike with a total weight exceeding 120 kg;
using the Bike in conditions likely to endanger the User or third parties;
damaging or vandalizing a Bike or a Station;
more generally, any abnormal use of a Bike.
using the bike for food delivery
using the bike more than 300 km per week, or making more than 70 journeys per week. The Operator reserves the right to cut off the electric assistance and/or immediately terminate the Contract in the event of observing professional use or failure to respect maximum distances (i.e., 300 km per week) or the number of authorized journeys (i.e., 70 journeys per week).
5.2.3 Account Creation and Update
In order to subscribe to and use the Service, the User is invited to create an Account by filling out the registration form available on the Application. Their phone number and email serve as identifiers, a 4-digit secret code will be sent to the phone number to validate the registration and to access the Account. Account creation is free.
To be able to benefit from the Service, the User must register and maintain the details of a valid personal bank card. If necessary, they update their details and the expiry date of their card directly on their Account.
The User is limited to one Account per natural person. The Operator reserves the right to request supporting documents such as a copy of the identity card in order to validate the Account creation.
The validation of Account creation will take place as soon as possible after possible verification of the phone number provided on the Application.
5.2.4 Choice of Identifiers - Account Security
The User is solely responsible for the choice of their identifiers with regard to the rights of third parties, particularly concerning identity theft or intellectual property rights, as well as maintaining their confidentiality. In case of loss or forgetfulness of identifiers, the User must contact Customer Service.
The User undertakes to inform the Operator in case of a problem related to the use or theft of their access code within a reasonable period.
5.2.5 Access to the Bike
The User can access the Bicycles only through the Application or by transport card if the functionality is activated. The Application must be updated by the User to benefit from all the features of the Service.
To rent a Bike, the User must activate the geolocation and Bluetooth on their phone in order to reserve and rent a Bike.
5.2.6 Conditions of Bike Use
The User undertakes to make normal and private use of the Service. As such, the User undertakes to use the Service carefully, diligently, and wisely, and in compliance with these TCUs and the Highway Code and all applicable regulations.
Each rental may not exceed the Maximum Continuous Usage Duration. In the event of a dispute over the duration of the service use by the User, the data provided by the Customer Service computer server shall be authoritative. Beyond the Maximum Continuous Usage Duration, the Bike is considered not returned, and the Operator reserves the right to debit flat-rate penalties from the User's bank Account, the amount of which will be 100 euros.
In the case of an abusive pause exceeding 12 hours, the amount is 50 euros.
The User assumes custody of the Bike they have rented. They must prevent its degradation, destruction, or disappearance. As soon as the User stops, they must systematically lock the Bike with the pause feature to leave it unattended. The User undertakes to rent and return the Bike within the deadlines of the Maximum Continuous Usage Duration.
The User accepts in advance that any breach of this obligation will entitle the Operator to the payment of a flat-rate penalty, the final amount of which is fixed according to the terms and conditions provided for in article 8.3. In the event of observing the use of a Bike contrary to the provisions of these TCUs, the User undertakes to return the Bike at any time, upon the Operator's first request or that of its representatives.
The User undertakes to report the loss or theft of the Bike, or any other problem relating to the Bike or the use of their access code, to Customer Service as soon as possible, and at the latest within 24 hours following the occurrence of the event, the Bike remaining in all cases under their responsibility until its return. Users are solely responsible for updating their personal contact details and for the harmful consequences that the failure to communicate any modification thereto could entail. In order to maintain access to the Service, the User undertakes to maintain a valid bank card during the service use period. If necessary, they update their details and the expiry date of their card directly on their Account.
5.2.7 Civil Liability Insurance
The User declares that they have subscribed to and hold valid civil liability insurance which covers the consequences of the use of the Bike.
ARTICLE 6 – CONTRACT TERMINATION
6.1 Termination of the Contract by the User.
The User may terminate the Contract by returning the Bike, under the conditions set out in Article 7.3. The User shall nevertheless remain liable for all sums due for use of the Service, including any penalties.
6.2 Termination due to fault of the User
The following, in particular, shall be considered as fault on the part of the User:
Use of an expired or invalid credit card;
Failure to pay part or all of the price of a journey or any amount due for the [name of service] service;
Use of the service in a manner that does not comply with these TCU.
The Operator may suspend the User's access to the Service until the situation is rectified, after giving prior notice to remedy the breach, which has remained unsuccessful within a reasonable period of time. The User shall nevertheless remain liable for journeys made prior to this suspension.
If the Service is suspended for more than two (2) months, the Operator may terminate the User's access to the Service and delete the User's Account.
ARTICLE 7 - SPECIFIC CONDITIONS FOR BIKE USE
7.1 How to borrow a Bike from a Station
When renting a Bike, the User must:
Open the iOS or Android App on their smartphone
Activate geolocation and Bluetooth if not already done
Enter their destination address (optional)
Reserve a Bike (optional). The Bike is reserved for a period corresponding to the estimated walking time between the User's location and that of the Bike, up to a maximum of 15 minutes.
If applicable, accept the bike rental, the rate displayed for this rental, and the parking method indicated in the app based on the destination by clicking on the confirmation button.
Go to the reserved bike by following the app's directions (the bike is reserved for a period corresponding to the estimated walking time between the user's location and the bike's location).
Scan the QR code or manually enter the identification number.
The bike is unlocked via Bluetooth communication between the bike and the smartphone. If the unlocking has worked, the User will hear an audible signal.
If the Bike is in a Station, the User must press the left brake to release the bike and use it.
7.2 Securing and storing the Bike
The User may pause the rental for the purposes of their journey. In this case, the rental time will continue to be counted. The “pause” feature only serves to secure the Bike and lock it for use by a specific User. The pause duration is limited to 1 hour. Beyond this duration, the pause is considered abusive and the Operator may apply a flat-rate penalty of 50 (fifty) euros.
The bike cannot be immobilized at a Station during the rental period; it must be placed on its kickstand. To lock the Bike outside a Station, the User must press the “Pause” button in the Application. An audible signal indicates that the Bike has been successfully locked.
The User may unlock the Bike and resume their journey by following the instructions in the Application.
7.3 How to return the Bike to the Station at the end of the rental period
The User must go to the Station following the route indicated by the Application to return the Bike.
Once at the Station, they must attach their Bike (1) directly to the Station or (2) to the Bike already at the Station using the two magnets located at the top of the frame below the fork and at the bottom of the frame at the rear hub and, if necessary, to the guide post by inserting the front wheel into the notch.
The User must ensure that their Bike has been properly attached via an audible signal and must click on “Finish” to end their trip.
If the operation has been successful, the Application displays a thank you screen and a summary of the price charged and gives the User the opportunity to rate their trip.
If the User sees an error message, the Bike may not have been returned correctly, and they are therefore asked to repeat the procedure for returning the Bike to the station.
If, after the audible signal, the User is still unable to complete their journey, they must contact Customer Service as soon as possible.
A Bike is only considered returned when the User sees a message on their cell phone screen confirming that the Bike has been returned and thanking them.
In the event of a technical problem with the bike, the User is invited to follow the maintenance route. In the event of an abusive termination of a trip via the option of reporting an unproven and unjustified technical problem, the User will be charged €150 without prior notice.
7.4 Change of destination during rental
If the User decides during the journey not to go to the destination specified at the time of rental, he or she may go directly to the new destination without informing the Application.
Upon arrival at the new location, he or she must click on the “End” button in the Application.
The Application will then inform the User of the terms and conditions for returning the Bike applicable to the Service's Area of Operation.
7.5 Request to end an emergency trip
If the User encounters a problem completing their trip outside of Customer Service opening hours, they may request to end their trip.
Outside these hours, this request must be made via the Application by clicking on the “Request end of trip” button. The User must then fill out the form to specify the reasons for ending the trip. The Application may ask the User to send a photo of the Bike. In this case, the User's trip will be considered suspended. Payment of the final price will be triggered after validation by Customer Service, and in particular after verification that the “end trip” feature has not been misused. For the avoidance of doubt, a request made by a User outside the Service's Area of Operation, or any end of journey solely attributable to the User and for which the Bike has not been returned in accordance with the conditions set out in Article 7.3, shall be considered as abusive end of journey.
In the event of misuse of this feature, the Operator reserves the right to charge penalties in the amount listed in Article 8.3 of these TCU, and the Operator reserves the right to deduct the pre-authorization.
7.6 Service Operating Area
In each territory, the Service Operating Area is indicated in the Application. The User agrees to only end a rental within the Service Operating Area. If a Bike is abandoned outside the Service's Area of Operation, the User may be required to pay compensation under the conditions set out in Article 8.
If the User attempts to return a Bike outside the Service's Area of Operation, the Application will indicate the nearest authorized return location. The User may not return the Bike outside the Service Area, the journey is not complete, and the Bike remains the responsibility of the User. If the User leaves the Bike there anyway, after 2 hours without movement, the Bike is considered abandoned.
The Service's Operating Area is the central part of the operating area indicated in the Application. Within this area, all registered Users may use the service thanks to the energy available in the battery installed on the Bike.
ARTICLE 8 - LIABILITY AND PENALTIES
8.1 User Responsibility
The User agrees to comply with these TCU and to return the Bike in the same condition as when it was rented.
The User declares that they are capable of using a Bike and are physically fit to do so (sufficient height, good health, etc.).
As the Bike is the responsibility of the User, it is recommended that, prior to actually using the Bike, the User carry out a basic check of its main visible functional components, including (but not limited to):
that the saddle, pedals, and basket are securely attached;
the proper functioning of the bell, brakes, and lights;
the overall condition of the frame and tires.
If this is not the case, the User must report any incident via their Account on the Application and/or to Customer Service.
The User declares that they have taken out and hold valid civil liability insurance covering the consequences of using the Bike. The User is also recommended to:
8.2 Exclusions from User liability.
The User or, where applicable, his or her legal representative may be exempted from liability under common law conditions, particularly in cases of force majeure, or by providing proof of a third party's involvement.
8.3 Penalties
The User authorizes the Operator to charge them all or part of the following penalties in the event of a breach of the conditions defined below:
theft of the Bike: €1,000;
disappearance of the Bike without justification from the start of the rental period: €1,000;
damage to the Bike attributable to the User: a flat fee of €100 per Bike in addition to the cost of purchasing any spare parts that need to be replaced;
Parking the bike in a private space: €10/hour
Parking in an inconvenient location (e.g., in the middle of a street) and removal of the bike to the impound lot: €50 + impound fees
Abandoning the bike outside the service area: €160 in cities bordering the service area, €200 beyond that;
Excessive break: €50;
Abandoning the bike within the service area when parking is mandatory and possible at a station: €150;
Request to end a journey in an emergency that does not comply with the conditions: €150
Transporting one or more passengers in any way whatsoever: €35
Use of the service for professional purposes or for a distance exceeding 300 km or a frequency exceeding 70 journeys per week: €35
False reporting of a technical problem: €150
The Operator reserves the right to suspend the account for a given period or permanently and, in the event of a repeat offense, to double the amount of the penalty.
ARTICLE 9 - PERSONAL DATA - BLOCTEL SYSTEM
9.1 Personal data
The User's personal data will be processed in accordance with the Operator's privacy policy.
9.2 Information relating to the Bloctel system
In accordance with the provisions of Article L.223-2 of the French Consumer Code, the User is informed of their right to register free of charge on the “Bloctel” telephone marketing opt-out list on the website https://www.bloctel.gouv.fr/. This registration allows Users to avoid being solicited by telephone by a professional with whom they do not have an ongoing contractual relationship.
ARTICLE 10 - DISPUTE RESOLUTION
The TCU and the relationship between the User and the Operator are subject to French law.
In the event of a complaint, the User may contact Customer Service either by using the form provided for this purpose on the Website or by email at: [customer service email address]. The User has a period of seven (7) days from the disputed event to take this step.
10.1 Mediation clause
The Parties shall use their best efforts to find an amicable solution to any dispute arising between them.
In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Operator guarantees the User the possibility of resorting, free of charge, in the event of a dispute that has given rise to a prior written complaint to Customer Service, to a mediation procedure with [Name of Mediator], subject to compliance with the conditions of admissibility of their case (available at: [Mediator's website, if any]):
The solution proposed by the Mediator is not binding on the Parties, who remain free, at any time, to withdraw from the Mediation process and to refer the m10.2 European Consumer Dispute Resolution Platform
The User is also informed of the existence of the European Dispute Resolution Platform, which is designed to collect any complaints arising from online purchases made by European consumers and forward them to the relevant national mediators. This platform is accessible at: https://ec.europa.eu/consumers/odr/.
ARTICLE 11 - APPLICATION, MODIFICATION AND ENFORCEABILITY OF THE TCU
These TCU apply to any use of the Service by a User and are available at any time at [Website] and on the Application.
The Operator reserves the right to modify the TCU at any time. Any modification of the TCU shall be brought to the attention of the User by email at least one (1) month before the date on which the change takes effect.
In the event that any clause of the TCU is declared null and void, illegal, or unenforceable, in whole or in part, the other clauses shall remain in force and continue to have full effect. In the event that the Service is entrusted to a company other than the Operator, the User agrees that these TCU shall be automatically transferred to the transferee, whoever they may be.
atter to the competent French courts.