Terms of Use

Terms of Use

GENERAL TERMS OF USE FOR SWABI BIKESHARING

Self-service bicycles

 

Between

The user of the service, hereinafter referred to as “the user”

And

the customer’s contractual partner, Fifteen, with share capital of €1,827,377, with registered office at 77, rue Jean Bleuzen - 92170 VANVES (France), registered with 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 customer’s contractual partner,”

 

ARTICLE 1 – PURPOSE

1.1 Purpose

The swabi Bikesharing service is a self-service bicycle rental system with and without electric assistance, in which Fifteen acts as the customer’s contractual partner and operates the application. Stadtwerke Holding GmbH is the operator and provides the necessary bicycles and stations. The purpose of these General Terms and Conditions for Use of the service is to establish the terms and conditions for providing the service to individuals for personal use under the conditions defined below.

1.2 Customer service contact information

 

 

Customer service availability: 

• Monday through Sunday from 6:00 AM to 8:00 PM, including holidays

ARTICLE 2 – DEFINITIONS

 

ARTICLE 3 – SERVICE DESCRIPTION

After setting up an account in the application, the service allows the user to rent a bicycle located at a station in accordance with the procedures described below.

The user must download the application to their smartphone.

The application enables the user in particular to:

• identify themselves and access the information in their account;
• view the status of stations and the location of nearby bicycles;
• obtain information about the service;
• contact customer service;
• rent a bicycle;
• save, change, or delete their banking information;
• view their ride and payment history;
• view the Terms and Conditions.

ARTICLE 4 – RATE, APPLICABLE PRICE, AND PAYMENT TERMS

4.1 Rates – Applicable price

The applicable rate is the rate displayed in the application when the user rents a bicycle. By agreeing to take the bicycle, the user is therefore fully informed of the applicable prices.

The price applicable to the service depends on the duration of the ride. It may also be increased by the penalties set out in Article 8.3. 

 

4.2 Payment terms

The price of the service is charged directly to the payment method selected by the user in the application. 

By selecting and confirming a payment method, the user authorizes the customer’s contractual partner to charge their card for all amounts due for use of the service in accordance with the Terms and Conditions. 

 

4.3 Payment security and bank fraud

Payment is made through the partner payment platform operated by Stripe, Inc., which offers a secure, PCI DSS-certified payment interface. Stripe, Inc. undertakes to maintain this certification, or equivalent certification, and is responsible for the security of the data it collects or stores, and processes or transfers, on behalf of and at the direction of the customer’s contractual partner.

In accordance with applicable law, any fraudulent use of the user’s payment data is governed by the agreement they entered into with their banking institution. Consequently, the customer’s contractual partner cannot be held liable for fraudulent use.

 

4.4 Preauthorization

 

At the beginning of the ride, Stripe, Inc. may place a preauthorization on the user’s account to ensure payment for the service.

In some cases, this preauthorization may temporarily appear on the user’s payment account. It will be removed at the end of the ride and replaced by the charge for the service price.

4.5 User obligations

 

The user confirms that they have the necessary capacity, consent, or authorization to link a payment method to their account and to charge the fees for using the service to that card.

 

The user warrants that the payment method linked to their account is valid when registering for the service and will remain valid until the bicycle is actually returned. 

ARTICLE 5 – OBLIGATIONS OF THE PARTIES

5.1 Obligations of the customer’s contractual partner

The service is accessible 7 days a week, 24 hours a day, and without interruption within the area’s available bicycle fleet, except in cases of force majeure or a decision by an administrative or judicial authority requiring a complete or partial, temporary or permanent restriction on the establishment of a station, the use of one or more bicycles, or bicycle traffic in the area where the service is established. The customer’s contractual partner will endeavor to inform the user in real time through the website or application about the service’s availability conditions.

5.2 User obligations

5.2.1 Acceptance of the Terms and Conditions

USE OF THE SERVICE REQUIRES UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. 

THE CUSTOMER’S CONTRACTUAL PARTNER RESERVES THE RIGHT TO REFUSE OR SUSPEND THE CREATION OF AN ACCOUNT OR ACCESS TO THE SERVICE FOR ANY USER WHO DOES NOT MEET THE CONDITIONS REQUIRED BY THESE TERMS AND CONDITIONS.

The user acknowledges that they have been fully informed that their consent to the content of the Terms and Conditions does not require handwritten or electronic signature of a document. 

5.2.2 Conditions for access to the service

Use of the service is reserved for adults who are able to ride a bicycle. In particular, the user must not have any contraindications relating to bicycle riding.

However, the service is accessible to minors between 14 and 18 years of age. In this case, the legal representative must select and confirm the payment method in the minor’s account.

Like all other users, minors over 14 years of age must have a personal account, telephone number, and email address. Please note that accounts are personal and enable the user at any time to rent, use, and return a bicycle in accordance with the conditions described below.

Access to the service is prohibited for minors under 14 years of age, whether accompanied or unaccompanied. 

The user undertakes to comply with all applicable laws and regulations, in particular the provisions of the traffic code. 

The user is prohibited from:

• using the bicycle on terrain or under conditions that could damage the bicycle, including, but not limited to, crossing stairs;
• carrying passengers in any manner;
• placing a load of more than 10 kg in the front basket;
• placing a total load of more than 120 kg on the bicycle; 
• using the bicycle under conditions that could endanger the user or third parties;
• damaging the bicycle or a station, in whole or in part;
• damaging or destroying a bicycle or station; 
• generally, making any abnormal use of a bicycle.

5.2.3 Account creation and updating

To register for and use the service, the user is asked to create an account by completing the registration form available in the application. Their telephone number and email address serve as identification details; a four-digit secret code is sent to the telephone number to confirm registration and access the account. Account creation is free of charge.

To use the service, the user must select one of the payment methods offered. If necessary, they must update their contact information and payment method directly in their account. 

The user is limited to one account per individual. The customer’s contractual partner reserves the right to request supporting documents, such as a copy of an identity document, to validate account creation. 

Account creation will be validated as soon as possible after any verification of the telephone number entered in the application.

5.2.4 Choice of login credentials – Account security

The user is solely responsible for choosing their login credentials with regard to the rights of third parties, particularly in relation to identity theft or intellectual property rights, and for maintaining their confidentiality. In the event of loss or forgetting of their login credentials, the user must contact customer service. 

The user undertakes to inform the customer’s contractual partner within a reasonable period of any problems relating to the use or misuse of their access code. 

5.2.4 Access to the bicycle

The user may access the bicycles through the application. The user must update the application as necessary to ensure full functionality of the service.

To rent a bicycle, the user must enable location services and Bluetooth on their phone so that they can reserve and rent a bicycle.

5.2.5 Conditions for using the bicycle

The user undertakes to use the service normally and privately. In this context, the user undertakes to use the service prudently, carefully, and responsibly, in compliance with these Terms and Conditions, the traffic code, and all applicable regulations.

Each rental may not exceed the permitted duration of continuous use. In the event of a dispute concerning the duration of the user’s use of the service, the data provided by the customer service computer server will be authoritative. After the permitted duration of continuous use has elapsed, the bicycle will be deemed not to have been returned, and the customer’s contractual partner reserves the right to charge the user’s bank account a flat fee of €100.

The user is responsible for the bicycle they rent. They must prevent its damage, destruction, or disappearance. During a pause, the bicycle must be secured appropriately. The user undertakes to rent and return the bicycle within the permitted duration of continuous use.

The user accepts in advance that any failure to comply with this obligation entitles the customer’s contractual partner to impose a flat penalty, the final amount of which will be determined in accordance with the conditions and procedures set out in Article 8.3. If it is determined that use of a bicycle violates these Terms and Conditions, the user undertakes to return the bicycle at any time upon the first request of the customer’s contractual partner or its representatives.

The user undertakes to report the loss or theft of the bicycle, or any other problem relating to the bicycle or the use of the access code, to customer service as soon as possible and no later than 24 hours after the event occurs. In all cases, the bicycle remains the user’s responsibility until it is returned. Users are solely responsible for updating their personal information and for any harmful consequences resulting from failure to report changes. To maintain access to the service, the user undertakes to maintain a valid payment method throughout the period of use of the service. If necessary, they must update their contact information and payment method information.

5.2.6 Liability insurance

The user declares that they have taken out and maintain valid liability insurance covering the consequences of using the bicycle. 

ARTICLE 6 – TERMINATION OF THE CONTRACT

6.1 Termination of the contract by the user 

The user may terminate the contract at any time, except while a bicycle is rented. The bicycle must be returned in accordance with the conditions in Article 7.3. The user nevertheless remains liable for all amounts owed as a result of using the service, including any penalties. 

6.2 Termination due to the user’s fault

The user’s fault includes, in particular:

• use of an expired or invalid payment method;
• partial or complete nonpayment of the price of a ride or any other amount due under the swabi Bikesharing service;
• use of the service that does not comply with these Terms and Conditions.

Until the situation is resolved, the customer’s contractual partner may suspend the offending user’s access to the service after a prior request to remedy the violation within a reasonable period has remained unsuccessful. However, the user remains liable for rides taken before the suspension. 

If the service is suspended for more than two (2) months, the customer’s contractual partner may terminate the user’s access to the service and delete the user’s account. 

Notwithstanding any provisions to the contrary and within the limits of applicable law, the customer’s contractual partner reserves the right to suspend an account as a matter of law and without compensation in the event of (i) vandalism to bicycles or station equipment, (ii) repeated disappearance or theft of bicycles rented by the user, or (iii) endangerment of the lives of other people. 

ARTICLE 7 – SPECIAL CONDITIONS FOR USING BICYCLES

7.1 Procedures for renting a bicycle at a station

When renting a bicycle, the user must: 

• open the iOS or Android application on their smartphone;
• enable location services and Bluetooth, if not already enabled;
• enter their destination address (optional);
• reserve a bicycle (optional). The bicycle will be reserved for the estimated walking time between the user’s location and the bicycle’s location, up to a maximum of 15 minutes; 
• if applicable, accept the bicycle rental, the displayed rate for that rental, and the parking option indicated in the application, which is determined according to the destination, by clicking the confirmation button;
• go to the reserved bicycle by following the instructions in the application;
• scan the QR code or manually enter the identification number.

The bicycle is unlocked via a Bluetooth connection between the bicycle and the smartphone. When unlocking is successful, the user will hear an audible signal.

If desired, the user may use the smartphone holder on the handlebars and the application to receive route guidance for their ride. The user is responsible for damage to their smartphone caused by a fall or improper use of the holder. If the holder is visibly damaged, the user should not use it.

7.2 Securing and storing the bicycle

The user may pause the rental for the purposes of their ride. In this case, rental time continues to be charged. The “Pause” function is intended solely to secure the bicycle and block its use by a particular user. 

The bicycle may not remain unused at a station during the rental period. To lock their bicycle outside a station, the user must press the “Pause” button in the application. An audible signal indicates that the bicycle has been locked properly. 

To resume their ride, the user may unlock the bicycle by following the instructions in the application. 

7.3 Procedures for returning the bicycle to a station at the end of the rental period

The user must go to a station displayed in the application to return the bicycle. 

The user must ensure that their bicycle has been parked correctly and close the lock to end their ride. Upon return, the bicycle emits an audible confirmation signal. Electric-assist bicycles without a mechanical lock are returned by clicking “End” in the application.

If the process is successful, the application displays a thank-you message and an overview of the calculated price, and gives the user the option to rate their ride.

If the user sees an error message, the bicycle may have been returned incorrectly, and they will therefore be asked to repeat the bicycle return procedure at the station.

If the user remains unable to end their ride after the audible signal, they should contact customer service as soon as possible.

A bicycle is considered returned only when the user sees a message confirming the bicycle’s return and a thank-you message on their cell phone display.

7.4 Changing the destination during the rental

If, during the ride, the user decides not to travel to the destination indicated when renting the bicycle, they may go directly to their new destination without informing the application.

Upon arriving at the new location, they must click the “End” button in the application.

The application will then inform the user of the bicycle return procedures applicable to the service operating area. 

7.5 Requesting the end of a ride in an emergency

If there are problems ending the ride outside customer service hours, the user may request that the ride be ended.

Outside these hours, this request must be submitted in the application by clicking the “Request end of ride” button. The user must then complete the form to indicate the reasons for ending the ride. The application may ask the user to submit a photo of the bicycle. In this case, the user’s ride will be considered canceled. Payment of the final price will be initiated after confirmation by customer service, particularly after verifying that the “End ride” function was not used improperly. For the avoidance of doubt, an improper end of ride means a user’s request made outside the service operating area or any end of ride caused solely by the user for which the bicycle was not returned in accordance with the conditions in Article 7.3. 

In the event of improper use of this function, the customer’s contractual partner reserves the right to charge the user the penalty specified in Article 8.3 of these Terms and Conditions.

7.6 Service operating area

The service operating area is specified in the application. The user agrees to end a rental only within the service operating area. If a bicycle is left outside the service operating area, the user may be required to pay compensation, the conditions of which are set out in Article 8.

If the user attempts to return a bicycle outside the service operating area, the application will show them the nearest permitted return location. The user cannot then return the bicycle outside the operating area; the ride has not ended and the bicycle remains the user’s responsibility. If the user nevertheless leaves the bicycle there, it will be considered abandoned after 2 hours without movement.

The service operating area is the central area of the operating area indicated in the application. Within this area, all registered users may use the service with the energy available in the bicycle’s battery.

7.7 “Group ride” function

7.7.1 Principle

The service allows a user to unlock and rent several bicycles simultaneously through a single account (hereinafter, “multiple rental”). The account holder is the sole contractual partner of the service for all unlocked bicycles.

7.7.2 Responsibility of bicycle users

Each person who uses a bicycle, including third parties, is solely responsible for how it is used. In this context, each user:

• is responsible for complying with the traffic code and safety rules;
• is personally liable for personal injury or property damage caused to third parties;
• is required to use the bicycle in accordance with these Terms and Conditions.

7.7.3 Responsibility of the account holder

The account holder:

• is responsible for compliance with these Terms and Conditions for all unlocked bicycles;
• ensures that users comply with the service’s terms of use;
• is responsible for the proper return of each bicycle.
  
  They bear the financial consequences arising from the use of bicycles unlocked through their account, particularly in the event of:
• damage;
• loss or theft;
• failure to return;
• improper parking;
• or any penalty provided for in these Terms and Conditions.

7.7.4 Use by third parties

The account holder may provide a bicycle to a third party under their responsibility. They undertake to ensure that these individuals:

• comply with these Terms and Conditions;
• meet the minimum age and ability requirements;
• use the bicycle in accordance with the safety rules.

7.7.5 Age and ability requirements

The account holder undertakes to entrust a bicycle only to persons who:

• meet the minimum age requirements established by the service;
• have the necessary skills to use a bicycle safely.

7.7.6 Presence of the account holder

As part of a multiple rental, the account holder undertakes to remain present throughout the rental period. It is prohibited to unlock a bicycle for an absent or unsupervised person.

7.7.7 Billing

Each bicycle is billed separately; billing begins when it is unlocked and ends when it is properly returned. All amounts due, including any penalties, are charged to the account holder.

7.7.8 Limitation

The operator reserves the right to limit the number of bicycles rented simultaneously from one account.

ARTICLE 8 – LIABILITY AND PENALTIES

8.1 User responsibility

The user undertakes to comply with these Terms and Conditions and to return the bicycle in the same condition in which they rented it.

The user declares that they are able to use a bicycle and that they are in suitable physical condition to do so, including adequate height and good health.

Because the bicycle is the user’s responsibility, they are advised to perform a basic check of the main visible functional elements before actually using the selected bicycle, including, but not limited to:

• proper attachment of the seat, pedals, and basket;
• proper operation of the bell, brakes, and lights;
• the overall good condition of the frame and tires.

Otherwise, the user must report any incident through their account in the application and/or to customer service.

The user declares that they have taken out and maintain valid liability insurance covering the consequences of using the bicycle. In addition, the user is advised to:

• adjust their braking distance in bad weather;
• adjust the seat so that its height is appropriate for their body;
• wear an approved helmet and suitable clothing.

The user is solely responsible for damage caused by use of the bicycle throughout the entire period of use, including exceeding the permitted duration of continuous use if the user returns the bicycle late. The parents or legal representatives of a minor who registers for the service are liable for all damage caused directly or indirectly by the minor as a result of using the service.

If the bicycle in their care disappears, the user must report this to customer service as soon as possible, and no later than 24 hours after the permitted duration of continuous use has elapsed. To give the customer’s contractual partner the opportunity to find the bicycle and thereby allow the user to limit their liability, it is strongly recommended that the user file a police report as soon as possible, and in any event within 48 hours after the permitted duration of continuous use has elapsed, and send a copy of the report to customer service. 

In the event of an accident and/or incident involving the bicycle, the user must report the circumstances to customer service as soon as possible. The bicycle remains the user’s responsibility until it is locked or, otherwise, until customer service confirms the request for remote locking. 

8.2 User liability exclusions 

The user or, where applicable, their legal representative may be released from liability under the conditions of applicable law, particularly in cases of force majeure or by proving that a third party acted. 

8.3 Penalties 

The user authorizes the customer’s contractual partner to impose penalties up to the following amounts in the event of noncompliance with the conditions below.

• Theft of the bicycle: €1,000
• Unjustified disappearance of the bicycle from the beginning of the rental: €1,000
• Damage to the bicycle attributable to the user: a flat fee of €100 per bicycle plus the cost of purchasing replacement parts;
• Leaving the bicycle in a private area: €10 per hour
• Parking in an obstructive location, such as in the middle of a street, and removal of the bicycle by a tow service: €50 plus towing costs
• Leaving the bicycle outside the service operating area: €50 in cities adjacent to the service operating area, and €100 beyond that;
• Improper pause, longer than 1 hour: €50
• Leaving the bicycle near a station where parking is mandatory and possible: €50
• Requesting the end of a ride in an emergency without meeting the conditions: €150

ARTICLE 9 – PERSONAL DATA 

9.1 Personal data 

The user’s personal data is processed in accordance with the customer’s contractual partner’s privacy policy. 

ARTICLE 10 – DISPUTE RESOLUTION

These Terms and Conditions and the relationship between the user and the customer’s contractual partner are governed by German law. 

These Terms and Conditions and the relationship between the user and the operator are governed by applicable 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 emailing info@swabi.eu. The user has three (3) months after the disputed event to do so.

10.1 European platform for the resolution of consumer disputes

The user is also informed of the existence of the European platform for dispute resolution, which is intended to collect potential complaints resulting from an online purchase by European consumers and forward them to the competent national mediation bodies. This platform can be accessed at: https://ec.europa.eu/consumers/odr/.

ARTICLE 11 – APPLICATION, AMENDMENT, AND LEGAL EFFECT OF THE TERMS AND CONDITIONS

These Terms and Conditions apply to every use of the service by a user and are available at any time at http://www.swabi.eu/ and in the application.

The customer’s contractual partner reserves the right to amend the Terms and Conditions at any time. Any amendment to the Terms and Conditions will be communicated to the user by email at least one (1) month before the amendment takes effect. Any amendment to the Terms and Conditions is deemed accepted by the user unless they object within seven (7) days after notification by email.

If any provision of the Terms and Conditions is declared wholly or partly invalid, unlawful, or unenforceable, the remaining provisions will remain in force and retain their full effect. If the service is transferred to a company other than the customer’s contractual partner, the user agrees that these Terms and Conditions will automatically be transferred to the assignee, whoever that assignee may be.