CLOUDBIKE: GENERAL TERMS & CONDITIONS
Art. 1: Definitions
Cloudbike: The enterprise Cloudbike BVBA that provides a bike sharing platform to the public under the name Cloudbike, with registered office at De Moystraat 16, 2018 Antwerp, Belgium.
User: The person that registered through the Cloudbike application and rents a bike.
Bicycle: A shared bicycle provided and owned by Cloudbike, containing a smartlock and GPS tracking, which is made available for the User to use.
Service: The provision of self-service Cloudbike bicycles to the public that can be rented through the Cloudbike application.
Application: The Cloudbike software application that is accessible via smartphone and which users can use to rent a bike.
Drop zones: Virtual zones that are visible in the application, bicycles can only be rented and parked in these zones.
Usage: The non-exclusive, non-transferable right to use the Service in compliance with these general terms & conditions.
Rental period: The duration of the use of a bicycle by a user.
Art. 2: Scheme and functioning of the Service
Users are required to download the Cloudbike Application and register. To complete Registration Users are required to read and accept the general terms & conditions, non-compliance will lead to the inability to register. After Registration and confirmation of the verification email sent by Provider, User has access to the Service. User can localize Bicycles on the map in the Application. A Bicycle can then be rented for the agreed rental price (see art 5) by scanning a unique QR-code on each Bicycle, after which the smartlock opens automatically. The cable lock needs to be stored in the bike basket or the Users’ personal bag. A User can then use and pause the Bicycle, the ride ends when the Bicycle is parked in a Drop Zone, the cable lock is inserted in the smartlock and attached to a bike rack and the smartlock is locked again. Afterwards the Bicycle becomes available for the next User. By registering User agrees that payment gets settled after each ride in accordance with the agreed rental price.
Art 3: General conditions & behaviours
The registered User is the only user. User and Provider are the only parties in this agreement. Only the User is responsible for comply with the general terms & conditions with regards to the Usage and rental of a Bicycle.
User agrees that each Bicycle is exclusively owned by the Provider, and shall under no circumstances make any modifications to the Bicycle.
User agrees to treat each Bicycle as a “good parent”, this implies that User treats each Bicycle as if it were his/her own property.
User assures that he/she is a competent cyclist and fit enough to use the Bicycle.
User agrees to abide by the Belgian highway code during the Usage of a Bicycle. Provider is not liable for any damage, direct or indirect and of any nature, regardless of the manner arisen and person(s) who caused it.
Art 4: Rental period
The rental period starts when User rents a Bicycle via the Application and the smartlock opens after scanning the QR-code, the rental period ends when the smartlock is locked again. The rental period also includes pausing a ride.
Art 5: Rental price and payment
The rental price for a pay per use equals a minimum of 0,50€ for the first 10 minutes. Afterwards the rental price amounts to 0,05€ per minute. Unless agreed otherwise like free vouchers,… At the end of the ride charges will be rounded upwards per started minute.
When User pauses their ride, User will still be charged at the normal rate.
The rental price for a day pass equals 6,00€. This gives User unlimited access to the Service during 24 hours for rides of maximum 40 minutes per ride. The surcharge for exceeding this 40 minute period amounts to 1€ for the next 30 minutes, and 2€ for the 30 minutes after that. After 100 minutes User will pay 5€ per hour started.
The rental price for a 3 month subscription equals 20,00€. This gives User unlimited access to the Service during 3 months for rides of maximum 40 minutes per ride. The surcharge for exceeding this 40 minute period amounts to 1€ for the next 30 minutes, and 2€ for the 30 minutes after that. After 100 minutes User will pay 5€ per hour started. There is a maximum cap on the amount of 3 month subscriptions. After reaching the cap there will be a waiting list, the first registered users will get priority when releasing new subscriptions.
User will connect a credit card to the account upon Registration, at the end of each ride Provider will deduct a sum in correspondence with the agreed rental price.
Art 6: Locations for renting and parking the Bicycles.
Provider creates Drop Zones that act as virtual stations where Users can rent and park Bicycles. These locations are visible in the Application.
User agrees to only rent and park Bicycles in these Drop Zones. Bicycles can be paused outside of Drop Zones.
Art 7: Usage and limitations of Usage of the Service
Upon renting a Bicycle User implies to have received the Bicycle in good condition.
He/she confirms that the Bicycle complies with all legal and obligatory regulations.
User agrees to return the Bicycle in the same condition as it has been received.
It is strictly prohibited to transport persons in any way possible.
The Bicycle can only be used with relation to the normal destination and by the registered User.
It is prohibited for User to allow that a Bicycle, property of Cloudbike, is used by anyone else other than User, in any way possible.
The Service is accessible to minors between the ages of 14 and 18, their Registration is completed by their legal guardian who is responsible for the minor.
The Service is prohibited for minors under the age of 14.
Art 8: Damage, loss and theft
User is liable for all damage to, or loss of (parts of) the Bicycle as a result of any event during the rental period. In case of loss of the Bicycle, User should immediately report the Bicycle as stolen to the local police and provide Provider with the report number. When reporting User passes on the number of the stolen Bicycle and gives a short description of the facts. In case User cannot remember the Bicycle number, User should contact Provider. If User hasn’t reported the theft within 24 hours, he/she will pay a flat fee of 200 euro’s. After 48 hours the Bicycle is considered stolen and User is charged 700 euro’s.
Any insurance franchise for damage or loss for which User is held accountable, is on behalf of User.
Any repairs and maintenance originating from normal Usage or wear and tear of the Bicycle are on behalf of Provider.
Art 9: Liability and limitations of liability
Provider is discharged from any liability relating to the Usage of the Bicycles, for damage suffered by User or inflicted to third parties.
In case User does not fulfil its obligations, as agreed in the general terms and conditions, Provider is allowed to deny access to the Service by the User at any time.
Provider is not liable for any damage, direct or indirect and of any nature, despite of the manner arisen and the persons who caused it.
Provider cannot be held liable for not fulfilling its obligations.
User acknowledges the fact that Provider, who is not the manufacturer of the Bicycles, cannot be held liable for errors, flaws or malfunctions relating to the manufacturing of the Bicycles.
Art 10: Accident during the rental period
In case of injuries or materialistic damage to a third party, User should always inform local police to draw up a report.
In case of any damage do the bike, User should leave the bike in a drop zone and contact Provider as soon as possible.
Art 11: Costs during the rental period
All charges and fines relating to the Bicycle during the rental period are on behalf of User.
Art 12: Settlement of disputes
These general terms and conditions are subject to Belgian law. Each dispute regarding its execution and consequences will be presented to the courts of Antwerp.
Art 13: Each complaint needs to be written or via e-mail on the e-mail address email@example.com and in order to be valid, reach us within 8 days after receipt of the invoice.
Art 14: Acceptance of the general terms & conditions
User recognizes that he/she has read the general terms & conditions carefully and agrees by accepting these terms upon Registration via the Application.