Terms and Conditions of Use

OBJECT

The Bicycle Rental System is a service created by the Mancomunidad de Salnés, provided by [[SERVICE OPERATOR]]. The purpose of these Terms of Use is to define the terms and conditions for providing the public bicycle rental service to individuals (the “User(s)”) for personal use, under the conditions defined below.

Contact Details:

Website: https://bicis.destinosalnes.com
Customer Service: Email – [[mail@mail.com]] Phone – [[123 456 789]]

Service Hours:

Monday to Friday 09:00 to 12:00

DEFINITIONS

Station: A station of the bicycle rental system where the Parking Units are located and bicycles are placed.
Base Station: Refers to the docking points located at the Stations that allow Users to safely collect and return bicycles.
Client: Refers to any individual legally entitled to contract, purchase one or more Services in their name or on behalf of a minor as a legal guardian.
Account: Refers to the customer account created by the User that allows them to access the Service.
Continuous Authorized Usage Period: Means the period of 24 consecutive hours from the moment the bicycle is collected, which no rental may exceed.
Service: Refers to the self-service bicycle rental service provided by the Operator.
Website: Refers to the website https://bicis.destinosalnes.com made available to Users.
User: Refers to any person over 16 years old who uses the Service with a Subscription.

SERVICE DESCRIPTION

The Service allows the User, after creating an account on the Website or App, to rent a Bicycle under the terms described below.

The Service includes the use of Base Stations equipped with a Terminal and parking docks that allow the rental and return of Bicycles within the Service area.

The Terminal allows the User to:

Log in and access their Account information.
Confirm reservations made by entering a PIN code.

Service Availability

Once the User has an active Account and Subscription, they may rent a bicycle an unlimited number of times during the validity period of their account.
To prevent issues in bicycle usage, a 3-minute waiting period will apply between two rentals of the same or another Bicycle.
Once the Authorized Continuous Usage Period has expired, and except for circumstances beyond the Operator’s control or fault, the bicycle will be considered not returned, and the Operator reserves the right to charge the applicable penalty amount as set out in the SANCTIONS Article.

CONDITIONS FOR ACCESSING THE SERVICE

Service Registration

Account Creation: To register and use the Service, the User must create an Account by completing the registration form available on the Website or App. The subscription process may require email or SMS verification to confirm the validity of the data provided.

Acceptance of the Bicycle Rental Terms and Conditions

If the Subscription is contracted on behalf of a minor between 16 and 18 years old, the legal guardian must also provide an identity document and a duly signed parental authorization.
To complete the Service subscription, the User must register a valid bank card number. The User authorizes the Operator to charge the outstanding payment amounts and any applicable Deposit to the bank card registered in the Account. In this case, the User’s card details are recorded through the online payment protection system [[PAYMENT PLATFORM]], under the established conditions.
[[DEFINE PAYMENT PLATFORM CONDITIONS]]
Once registration is complete, a notification will be sent to the User by email, and if a security deposit has been authorized, these transactions will also be available in the “History” section of their Account [NAME TO BE CONFIRMED].
Once subscribed, the User can immediately use the Service by logging in through the mobile web app using their assigned email and password.

Account Cancellation or Termination

The User has the right, without justification or penalty, to cancel their account and/or Subscription within 1 calendar day from the date of receiving the confirmation of account creation. In this case, the User must inform Customer Service of their decision to close the account via the link: http://bicis.destinosalnes.com/[[to_be_defined_url]] or by email to: servicioalcliente@———–.es

Bicycle Usage Conditions

Procedure for Renting a Bicycle:

Open the app and log in.
Select the starting Station and desired bicycle.
Make the reservation. When renting a Bicycle for the first time, the User must provide and confirm a valid payment method.
Confirm the reservation: the previous step will display a 4-digit code that must be entered at the station terminal; once there, enter the confirmation code.
Collect the bicycle: once the code is confirmed, the bicycle will be unlocked. Go to the selected bicycle and remove it from the dock. From this point, trip information will be available in the app.
Parking: users may lock the bicycle during the rental period using the lock provided. To do so, select “start parking mode” in the app to lock the bicycle and “continue trip” to unlock it.
For electric-assist bicycles, assistance is automatically activated once the user starts pedaling. By default, the assistance level is set to a preset value, which the user may adjust depending on the bicycle model.

Procedure for Returning the Bicycle at the End of the Rental Period

The User must go to any Base Station in the municipality with at least one free Docking Unit.
Place the front wheel into an available Docking Unit, aligning the lock with the docking area.
Once positioned, close the lock manually, ensuring it remains securely closed.
As a result, the Docking Unit indicator will switch to available mode, and after a few seconds, the app will display that the trip has successfully ended.
If the Bicycle has still not been returned after following these steps, the User must:
- Contact Customer Service by phone as soon as possible.
- Report the return issue through the mobile app.
- If an error is detected, the trip amount will be adjusted proportionally from the moment the User informs Customer Service.

Service Suspension and Account Cancellation

Access to the Service will be automatically suspended, and the Subscription subsequently canceled by the Operator in case of non-compliance with the service usage conditions or in the following cases:

Invalid or blacklisted bank card due to fraud.
Partial or total non-payment of the Service or any amount due under the Subscription and/or additional charges such as trips or penalties.
Use of the Service in violation of traffic or safety regulations established by the DGT.
False declarations regarding subscription, registration data, and/or service usage.
Verified damage to station infrastructure, bicycles, or other service components.

All suspensions of service access will be communicated by email.

If, after a period of 3 months following suspension, the User has not resolved the issue, the Operator reserves the right to cancel the User’s Account without compensation.

The Subscription will be immediately canceled by the Operator in case of fraud or malicious intent.

In all cancellation cases mentioned above, if the User has not paid for the Service, they must settle the total outstanding amount.

In the event of unpaid invoices, collection costs may apply.

The Operator reserves the right to recover due amounts through legal means.

The Operator also reserves the right to reject any new subscription request from the User for 3 years following the previous cancellation, including any cancellation due to unresolved non-payment.

CHARGING CONDITIONS

The Service provides access to bicycles; the charge for use may vary depending on whether a Mechanical or Electrically Assisted Bicycle is used, or on the rental Municipality.
Each trip can be checked in the “My Account” section available on the Website and mobile App.
In case of any claim regarding a trip, the User must provide the trip identifier to locate the pick-up and return times of the Bicycle.
The rental amount will be billed and charged immediately upon use up to a threshold of 30 euros, after which manual payment will be required by the user.
In case of non-payment of any amount due for the service, the Operator will suspend access to the Service until the User resolves the situation.
The Operator reserves the right to modify rates at any time, with prior notice of 5 calendar days; if not accepted, the User may cancel the service for legitimate reasons “modification of essential clauses.”

PAYMENTS AND DEPOSITS

The User is informed that when registering their bank card on the Website or App via the city’s payment provider(s) (Cecabank, Redsys), by entering valid card data in the subscription form (card number, expiration date, and CVV code), they authorize the Operator to make the following charges via their bank card:

Payment of penalties applicable under the SANCTIONS article of this document.
Payment of any rental made using their linked account, with a maximum limit of 50 euros.

The Deposit amount is 0 (zero) euros per Bicycle rental.

If the User does not provide valid bank card details, they will not be able to access the Service.

Payment Protection: The Operator uses the services of [[PAYMENT PLATFORM]], a specialized company, to protect online payments made by bank card. These payments are made through a secure payment interface certified by [[CERTIFICATION NAME]]. The service provider agrees to maintain such certification (or any equivalent certification in the future) and will be responsible for the security of the bank cardholder data it collects, stores, processes, or transmits on behalf of the Operator.

The User is informed that the provisions on potential fraudulent use of their bank card are those stipulated in the contract between the User and their issuing bank.

Since the Operator is not required to verify the identity of each User, it will not be responsible for fraudulent use of a User’s payment method.

USER OBLIGATIONS

The User agrees to use the Service responsibly, prudently, and sensibly, complying with these Terms of Use and the DGT Traffic Code.
The User must take care of the rented Bicycle and avoid damage, destruction, or disappearance.
The User must always lock the bicycle with the anti-theft device (lock) to a fixed structure whenever stopping outside a station.
The User must pick up and return the Bicycle within the Continuous Authorized Usage Period (less than 24 hours).
The User accepts that any breach of this obligation entitles the Operator, except in cases of fault or force majeure, to a fixed penalty, as specified in the SANCTIONS article.
If a Bicycle is found to have been used in violation of these Terms, the User agrees to return it upon the Operator’s or its representatives’ request.
The User must report the loss or theft of the Bicycle, or any issue related to the Bicycle or Account usage, to Customer Service as soon as possible and no later than 24 hours after discovery.
Users are solely responsible for keeping their personal information up to date and for any adverse consequences from not communicating any changes.
To maintain Service access, the User must keep a valid bank card on file throughout their usage period and update card details when necessary via the Website or App.

SERVICE USAGE RESTRICTIONS

Service access is prohibited for minors under 16, whether accompanied or not.
The Service is available to minors between 16 and 18 years old under the responsibility of their legal guardian.
The legal guardian of any minor subscribing to the Service is responsible for any damage directly caused by the minor due to misuse.
Like all Users, minors must have a valid user account and payment method to access bicycles.
User Accounts are strictly personal and allow Users to rent, use, and return a Bicycle at any time under these terms.
Therefore, Users are prohibited from lending, renting, or transferring their Service Access Keys.

Users are authorized to use bicycles under these terms, which specifically exclude:

Any use contrary to applicable traffic regulations.
Any use on beaches, gravel, fields, or conditions that could damage the bicycle.
Carrying loads over 10 kg.
Any use that endangers the User or third parties.
Any disassembly or attempted disassembly of the bicycle or its parts.
Simultaneous use of multiple bicycles.
Using the Service for rental or commercial delivery purposes, or any irregular use of a Bicycle.

The total load on the bicycle must not exceed 120 kg.

In case of suspected fraud, the Operator reserves the right to suspend User access for up to one month. A suspension notice will be sent, and the Service will remain inaccessible until the issue is resolved. If unresolved, the User’s Account may be terminated.

The Operator reserves the right to automatically and without compensation cancel the User’s subscription if misuse continues, including cases of theft, vandalism, or endangering third parties.

USER LIABILITY AND DECLARATIONS

The User declares being fit to use the bicycle (sufficient height, appropriate weight, good health, etc.).

As the Bicycle is under the User’s responsibility, it is recommended to perform a basic check of the main functional components:

Proper fastening of the seat, pedals, and basket (if equipped).
Proper functioning of the bell and braking system.
Working front and rear lights (if equipped).
Good general condition of the frame and tires.
If not, the User must report any issue via their Account or Customer Service.

The User declares having an active liability insurance policy covering bicycle use.

The User is also advised to:

Adjust braking distance in bad weather.
Adjust the saddle height appropriately.
Use an approved helmet and suitable clothing.

In addition to hygiene measures applied by the Operator during maintenance (disinfecting contact points), Users must follow public health recommendations for their trips.

Except in force majeure cases, the User is solely responsible for any damage caused while using the bicycle, even if it exceeds the Authorized Usage Period.

In case of bicycle disappearance, the User must report it to Customer Service within 24 hours and file a police report within 48 hours. The bicycle remains under the User’s responsibility until a copy of the report is provided.

In the event of an accident, the User must notify Customer Service immediately. The bicycle remains under their responsibility until returned to a Station or secured using the built-in lock.

When creating an Account, the User is solely responsible for the security and confidentiality of their login information and must contact Customer Service in case of loss.

SANCTIONS

The Deposit paid by the User upon registration may be used by the Operator to deduct any amount due as a penalty for Service misuse.

The nature of violations and corresponding penalties are as follows:

Bicycle theft with force: €300 for a mechanical bicycle and €500 for an electric-assist bicycle (a police report is considered full and final proof).
Unjustified disappearance of the bicycle from the start of rental: €300 for a mechanical bicycle and €500 for an electric-assist bicycle.
Damage to the bicycle attributable to the User: fixed amount of €50 per bicycle.

PERSONAL DATA

The Local Authority and the Operator are jointly responsible for processing data collected as part of the Service under the General Data Protection Regulation. The data processing policy is publicly available in the app and on the website.

DISPUTE RESOLUTION

The relationship between the User and the Operator is subject to current Spanish legislation.

In case of a complaint, the User may contact Customer Service electronically or by phone.

In accordance with the Consumer Code, in case of a dispute, the User acknowledges the possibility of using conventional mediation or any alternative dispute resolution mechanism.

The User must first submit a written complaint to Customer Service.

If no amicable solution is reached, any dispute arising from the interpretation, execution, or termination of these Terms of Use will be submitted to the competent Courts, without prejudice to multiple defendants and/or third-party proceedings, including emergency or precautionary measures.