STANDARD TERMS AND CONDITIONS FOR AC-CESS (STCAU) TO AND USE OF THE MOBIT SHARED BIKE SERVICE (11/08/2017)
ARTICLE 1. Object of the Mobit Shared Bike Service
1.1. Mobit Shared Bike Service (Mobit Deelfietsen Service) is a service that is offered by MOBIT, a private limited company under Belgian law (BVBA), in which shared bicycles are made available to the public.
1.2. Mobit’s details:
MOBIT Belgium BVBA
Eindeken 3, 9940 Evergem, Belgium
ARTICLE 2. Definitions
“Designated zone” – A geographical zone in which the User may end the Hire of the Shared Bike in a public area of his/her choosing, on the condition that the Shared Bike is left in accordance with the Traffic Regulations, as set out in the Royal Decree of 1 De-cember 1975 containing general regulations on the policing of road traffic and the use of public highways.
“Shared Bike” – A Bike with a Smartlock that is made available by Mobit.
“User” – An adult or minor aged 14 or over who has followed the Registration and who has registered a personal account on the Mobit website or the Mobit app and has been approved for Use.
“Use” – The non-exclusive, non-transferrable right to use the Service with and within the restrictions of the STCAU.
“Usage Charge” – The rent for renting a Shared Bike, as stated in Article 7.1 of the STCAU which may be revised from time to time by Mobit.
“Rental” – The duration of the Usage of a Shared Bike by a User. The Rental starts when the Smartlock of the Shared Bike is opened by scanning the QR code or unique code with the help of the Mobit app and ends when the Smartlock is closed in a Designed zone.
“Mobit” – The company MOBIT Belgium BVBA that offers a shared bike service to the public under the name Mobit.
“Mobit app” – Software application of Mobit that can be accessed via a smartphone and through which the User gains access to the Service.
“Mobit website” – The Mobit website that can be found at www.mobit.eu.
“Registration” – The registration process that must be completed via the Mobit app or the Mobit website in order to be a User of the Service.
“Credit” – The value in euros that is available in the Wallet for the rental of the Shared Bikes.
“Service” – The provision of Mobit Share Bikes to the public on a self-service basis via the Mobit app and the Mobit website.
“Smartlock” – The lock that is found on the Shared Bikes and is opened by scanning the QR code or enter-ing the unique code in the Mobit app.
“Permitted Usage Time” – The maximum duration of 4 consecutive hours that the User may make Use of the Service.
“Prohibited zone” – A geographical zone in which the User may not end the Hire of the Shared Bike because the Shared Bike may not be left in that zone in accord-ance with the Traffic Regulations, as set out in the Royal Decree of 1 December 1975 containing general regulations on the policing of road traffic and the use of public highways.
“Security Deposit” – The sum paid during the Registra-tion for the Use of the Service as stated in Article 4.1 of the STCAU and which may be revised from time to time by Mobit.
“Wallet” – The personal account of the User where Credit is kept.
ARTICLE 3. Structure of the Service
3.1. The Shared Bikes can be clearly recognised on the street by their colour and specific QR code and can be easily localised via the Mobit app.
3.2. The Use of the Shared Bikes takes place via a hop-on/hop-off system.
3.3. The Mobit app has various functions:
- Localise Shared Bikes;
- Use Shared Bike by scanning the QR code or the unique code of the Shared Bike;
- Consult the User’s history.
- Use discount vouchers;
- Consult usage instructions;
- Pay and reclaim Security Deposit and Credit
- Adjust settings;
- Consult Usage Charge;
- Send Friend Requests;
- Report problems with the Shared Bike.
ARTICLE 4. Availability of the Service
4.1. Users need to register on the Mobit website or the Mobit app and pay a Security Deposit of € 49. By entering his/her debit or credit card information and after receiving approval from his/her bank, the User gives Mobit authorisation to deduct a sum of € 49. To use the Service, the User should possess Credit in his/her Wallet for at least one journey for a period of 20 minutes. The Usage Charge has been included in Article 7.1.
4.2. During Registration on the Mobit website or Mobit app, the User will be asked to read and accept the STCAU. The STCAU is also available via the Mobit website or can be requested from Mobit. If the User does not accept the STCAU, it will not be possible to complete the Registration.
4.3. After Registration and payment of the Securi-ty Deposit, the User will have access to the Service for an unlimited period. The User is not required to pay periodic subscription charges. The User may termi-nate the Registration at any time on request.
4.4. The User can Use the Service for a Permitted Usage Time of 4 consecutive hours per journey. If there is any dispute about the duration of the Rental, the information provided by Mobit’s computer server will serve as proof.
4.5. Insofar as Shared Bikes are available, the Service is accessible 12 months per year, 7 days per week, except if force majeure occurs or if the compe-tent authorities decide that the Use of the Shared Bikes is restricted partially or fully, or temporarily or permanently.
4.6. During Registration, the User agrees that payment will take place at the end of any journey with the Credit that is in the Wallet.
ARTICLE 5. Practical methods for accessing the Service.
5.1. Methods of Access by means of topping up Credit:
1) The User can top-up the necessary credit via the Mobit app and the Mobit website. The Usage Charge has been included in Article 7.1.
2) The User pays via the payment module in the Mo-bit app or the Mobit website. By entering his/her deb-it or credit card information and after receiving ap-proval from his/her bank, the User gives Mobit au-thorisation to deduct the amount chosen by the User and to add this to the wallet.
3) The Credit is provided via bank receipt approved for Visa, Mastercard or Bancontact that states the date and the time of the transaction.
5.2. Methods for the Use of a Shared Bike:
1) The User locates an available Shared Bike with the help of the Mobit app;
2) The User scans the QR code or enters the unique code with the help of the Mobit app and waits for the Smartlock to open;
3) The User can start his/her journey that is noted in the Mobit system.
5.3. Methods for ending a journey:
1) The User finds a Designated Zone where the Shared Bike can be stored in accordance with the Traffic Regulations. The User ensures that the Shared Bike is stored in a stable manner;
2) The User manually closes the Smartlock, after which he/she receives a confirmation via the Mobit app that the journey has ended;
3) The Mobit app shows the cost of the journey that is automatically deducted from the Credit.
4) If the Smartlock cannot be correctly closed or if a technical problem occurs, the User should report this via the Mobit app.
5.4. Methods for ending the Service:
1) The User can cancel Use of the Service at any time by ending his/her Registration via the Mobit app or the Mobit website.
2) After approval of the cancellation request, the available Credit in the Wallet and the Security Deposit will be reimbursed to the User within 7 working days.
3) If the User has a negative Credit at the time of sending the cancellation request, this amount will be deducted from the Security Deposit.
4) If a User activates and ends the service more than 3 times during a period of 12 months, Mobit will charge transaction costs for this of € 3 per activation.
ARTICLE 6. User of the Service
6.1. The Wallet is strictly personal and enables the User to make Use of a Shared Bike, to ride it and to return it in accordance with the STCAU.
6.2. The Service is accessible to holders of the following cards subject to the provisions of Arti-cles 4.1, article 8 and article 9 of the STCAU:
1) A bank card issued by a banking institutions that is affiliated with the Visa or Mastercard network; and
2) by means of the Bancontact service.
ARTICLE 7. Cost and methods of paying for the Service
7.1. Usage Charge of the Service:
First 20 minutes see Mobit website and Mobit app
20-40 Minutes see Mobit website and Mobit app
40-60 Minutes see Mobit website and Mobit app
60-80 Minutes see Mobit website and Mobit app
+80 Minutes see Mobit website and Mobit app
7.2. The Permitted Usage Time is a maximum of 4 consecutive hours per journey.
7.3. The Usage Charge stated in the article below is valid from 01/08/2017. Mobit retains the right to revise the charges. Each charge alteration will be an-nounced 15 days in advance on the Mobit website.
ARTICLE 8. Obligations of the User
8.1. The User undertakes to make Use of the Ser-vice with due diligence, dedication and caution and to observe these STCAU.
8.2. The User assumes the supervision of the hired Shared Bike. He/she should avoid any damage, vandalism or the disappearance of the Shared Bike.
8.3. The User undertakes to not make Use of the Shared Bike for longer than the permitted uninter-rupted usage time. The User accepts in advance that if he/she does not observe this obligation, Mobit is enti-tled to retain a fix penalty of € 49.
8.4. If it is determined that the Shared Bike is not used in accordance with the provisions of Article 8.1, the User undertakes to return the Shared Bike at any time when first quested by Mobit or its representa-tives.
8.5. The User undertakes to notify Mobit as soon as possible via the Mobit app or the Mobit website if any problem occurs with his/her Wallet and/or if a Shared Bike hired with his/her Wallet is lost or stolen or if another problem occurs with the hired Shared Bike, within 24 hours of the occurrence of the event; the User will under all circumstances be responsible for the Shared Bike in accordance with the terms of Articles 7 and 9.1.
ARTICLE 9. Restrictions to Use of the Service
9.1. The User is prohibited from lending out or hiring or putting at another person’s disposal his/her Wallet linked to the Service and/or using it for pur-poses other than those provided in these STCAU.
The User’s Wallet will be automatically deactivated once the outstanding debit (usage and/or fines) reaches € 49.
9.2. The User is expressly forbidden from permit-ting the use by third parties of the Shared Bike, which is the property of Mobit, whether for free or in any other manner.
9.3. The Service is accessible for minors aged between 14 and 18. their Registration is completed by and under the responsibility of their legal guardian in accordance with Article 9.4 below.
9.4. The Service cannot be accessed by minors under 14, even if they are accompanied by an adult. Just as every other User of the Service, minors under 14 must possess a Wallet.
9.5. The User is entitled to use the Shared Bike under the following conditions, insofar as he/she uses the Shared Bike in a reasonable manner, in particular excluding the following:
- The Shared Bike is used contrary to the provi-sions of the Traffic Regulations in force (includ-ing prohibition on riding under the influence of drugs and not having any impairment to the con-trol of a bike);
- The Shared Bike is used on a surface or in condi-tions of such a nature that they may damage the Shared Bike;
- A passenger is transported in any manner;
- The Shared Bike is used in such a way as to cause danger to the User or third parties;
- The Shared Bike is fully or partly disassembled or this is attempted;
- In general, that the Shared Bike is used in an ab-normal manner.
9.6. The Shared Bike cannot withstand loads greater than 125 kg. The basket of the Shared Bike can carry a maximum weight of 8 kg.
ARTICLE 10. Liability and statements by the User
10.1. The User declares that he/she is capable of cycling and that he/she possesses a good physical condition that is suitable for cycling.
10.2. Only the User bears full responsibility for damage caused by the Use of the Shared Bike, even if the Shared Bike is used for longer than the Permitted Usage Time and if the User returns the Shared Bike late.
10.3. The parents of legal representatives of each minor registered for the Service will be held liable for all damage that is caused directly or indirectly by the minor due to his/her Use of the Service.
10.4. If the User exceeds the Permitted Usage Time of 4 consecutive hours (a period that commences at the moment that the User uses the Shared Bike), this will be considered as a disappearance of the Shared Bike, until it is relocated.
10.5. If the Shared Bike for which the User is re-sponsible disappears, the User is under the obligation (see Article 8.5) to notify Mobit of this fact within 4 hours of Use of the Shared Bike via the Mobit app or the Mobit website and to report the theft to the Police; the User will remain fully responsible for the Shared Bike until a copy of the aforementioned police report has been submitted to Mobit.
10.6. If the Shared Bike is involved in an accident and/or incident, the User is under the obligation (see Article 8.5) to report this fact within the aforemen-tioned period. The User will remain responsible for the Shared Bike until it has been entrusted to Mobit. If this does not occur, the User should secure the Shared Bike by using the Smartlock that is an integral part of the Shared Bike,
10.7. Since the User is responsible for the Shared Bike (see Articles 8.3 and 10.2), it deserves mention-ing that he/she should performs a spot check of the most prominent external parts of the selected Shared Bike that he/she effectively uses; he/she should pri-marily check the following (this list is non-exhaustive): the saddle, pedals and basket are properly attached; the bell, brakes and lighting work correctly; the frame and tyres are generally in good condition.
10.8. Furthermore, it deserves mentioning that the User should:
- alter his/her braking distance in poor weather conditions;
- adjust the saddle to the height that best suits his/her stature;
- wear an approved helmet and appropriate cloth-ing; and
- generally, comply with the Traffic Regulations in force (including, stopping at red lights, not riding on the pavement, etc.).
10.9. The User declares that he/she holds an insur-ance policy that covers his/her civil liability for un-lawful actions that he/she commits in Belgium.
ARTICLE 11. Limitation of the liability of Mobit
11.1. Mobit is exempted from any liability concern-ing the User of the Shared Bike, injury suffered by the User or injury caused to third parties.
11.2. If the User does not comply with his/her obli-gation arising from the STCAU, Mobit is permitted to deny the User access to the Service at any time.
11.3. In doing this, Mobit cannot be held liable for not complying with its obligations.
11.4. The User should take note of the fact that Mobit, that is not the manufacturer of the Shared Bikes which it makes available, cannot be held liable for faults, shortcomings or defects associated with the manufacture or assembly of the bike.
ARTICLE 12. Fines
12.1. Upon Registration, the User gives Mobit au-thorisation in advance to deduct a fixed sum of € 49 that serves as a security deposit, in the situations and under the conditions and restrictions that are de-scribed below: damage, fraudulent use and/or disap-pearance of the Shared Bike for which the User is re-sponsible. This authorisation is confirmed by the User submitting his/her debit or credit card details (see Article 4.1).
12.2. The amount corresponding to the fine (see Article 12.3) will be due as soon as this is requested by Mobit if it is determined that the User has not ob-served his/her obligations under the STCAU.
12.3. The nature and/or amount of the fine that the User will owe Mobit if he/she does not comply with his/her obligations are determined as follows:
1) Disappearance of the Shared Bike, non-compliance with Article 8.3: € 49;
2) Theft of the Shared Bike with damage to the Smartlock or violence directed at a person: € 49 (the receipt of the report that was made at the Police Station will count as proof);
3) Repair of damage to the Shared Bike that is at-tributed to the User: fixed amount depending on the level of damage;
4) Damage to the Smartlock: € 49.
ARTICLE 13. Confidentiality and use of person-al data
13.1. Mobit stores the personal data provided by the User in its records. Mobit is responsible for pro-cessing this data.
13.2. The collected data will under no circum-stances be provided to third parties.
13.3. In accordance with the Privacy Protection Act of 8 December 1992 concerning personal data, the User has a right to access information concerning him/her and a right to correct this information. If the User wishes to exercise this right, he/she can contact Mobit via the postal address in Article 1.2.
ARTICLE 14. Settlement of disputes
14.1. These STCAU are subject to Belgian law. Any dispute concerning the performance and the conse-quences of this performance will be submitted to the courts of the judicial district of Ghent, to which the parties expressly assign competence, even in the event of preliminary relief proceedings, the honouring of guarantees or when there is more than one re-spondent.
ARTICLE 15. Change to these STCAU
15.1. The User will be systematically notified of any change to these STCAU by means of a statement on the Mobit app and the Mobit website.