General Terms and Conditions
General Terms and Conditions
(GTC) Tucycle Bike Sharing shared bike system
These general terms and conditions are applicable to the use of rental bicycles offered by TuCycle Bike Sharing S.L..Sections 1 to 8 of these general terms and conditions establish the rights and obligations arising from the use and rental of bicycles. Sections 9 to 18 regulate the commercial relationship between TuCycle Bike Sharing S.L. as operator of the rental system and its customers.
Scope of terms and conditions (GTC)
TuCycle Bike Sharing S.L. (the “Company”) rents bicycles to registered customers (the “Client / s”) to the extent that the products and services are available.
2) The general terms and conditions apply to the use of TuCycle Bike Sharing S.L. The present TCG will only apply to the rental of bicycles in Spain.
3) The rental and return can be made through the mobile application.
4) The particular agreements that differ from the GTC must be approved and confirmed by TuCycle Bike Sharing S.L.
5) When renting a bicycle, the Client accepts the current version of the TuCycle Bike Sharing S.L. at that moment.
Registration and confirmation
1) The application for registration (the “Application”) can be made through the mobile application. In order to be a Registered Client, the applicant must be at least 16 years of age at the time of approval of their Application.
2) Once all the corresponding personal data have been received, the Company will decide whether to accept and approve or not the commercial relationship with the applicant. During the Application process, the Company may use the services of the Redys payment management company in order to verify the applicant’s creditworthiness.
3) When registering, the applicant will receive a personal verification number (PIN), which must be used to log in to the mobile application and to formalize the rental agreements.
4) After approval of the Request, an activation notice will be notified. Such notification may be made orally, in writing, by email or by SMS.
5) Once the registration has been made correctly, the Customer may rent bicycles throughout the territory of Spain. Through our application you can view the location of each bicycle online.
6) The registration will be free for those who make their request through the telephone. For rentals subject to the payment of a fee, a valid means of payment and a deposit before rental must be provided. Depending on the rate chosen, the Company may charge periodic fees. The amount of these quotas can be found in the current price list, which is available both on the website and in the mobile application.
7) The Customer must immediately inform TuCycle Bike Sharing S.L. of any modification of your data during the commercial relationship, which include, among others, personal data and information related to the payment (such as the bank account number or information related to the credit card). In the event that the client does not inform TuCycle Bike Sharing, of the modification of the aforementioned data and this causes any type of expenses, the client must pay the corresponding amount.
8) TuCycle Bike Sharing S.L. and its associates will be able to send the necessary information for the rent and the additional information of the sponsors both through the mobile application and by SMS.
Terms and conditions of use
1) Rental bicycles can not be used:
a) by persons under 16 years of age;
b) to take other people, particularly children;
c) to travel outside of Spain;
d) to sublet to third parties;
e) by people under the influence of alcohol or drugs (zero limit of alcohol);
2) The Customer must respect all legal and regulatory provisions regarding traffic and road circulation.
3) Under no circumstances will the handling of the bicycle without hands be allowed.
4) It is forbidden to make improper use of the bicycle basket or overload it (maximum load allowed: 5 kg). The Customer must ensure that all objects or items that are transported are at all times properly subject and placed.
5) Modifications or alterations to the rental bicycles can not be made without authorization.
6) In the event of unauthorized or inappropriate use of the rental bicycle, TuCycle Bike Sharing S.L. You can end the business relationship and block the Client for future rentals and uses.
7) Once the reception of the messages of return of the bicycles has been confirmed, the Customer will not be able to continue using the bicycle. To use the returned bicycle again, it will be necessary to start a new rental process.
8) Clients will not allow a third party to use their bicycles. In doing so, the Client will be responsible for the acts of said third party as if they were his own.
Limitations of the rent
Each Customer can only rent a bicycle at the same time through a Client account.
Only private agreements subject to the availability of rental bicycles can be formalized with the approval of Tucycle
Duration of the rental
1) The calculation of the rental period for the purpose of commencing at the moment of the automatic opening of the lock, requested by the Customer through the mobile application.
2) The Client must inform the Company of the end of the rental period, in accordance with section 8. Once said information is provided, both the rental for the purposes of payment and the corresponding billing period will end. The official end of the rental period will be marked by the receipt of information from TuCycle Bike Sharing S.L. by the Client. You should immediately inform the customer service of any problem through the telephone number. Communications made after a reasonable period of time will entail the loss of the right to any claim for which the Client could be legitimated in the case of having made the communication immediately.
Bicycle rental conditions
1) Before renting the bicycle, the Customer must familiarize himself with the conditions of the rental and its correct use.
2) Likewise, the Customer must check before use if the bicycle is in a condition to circulate and in good condition. In particular, you should check the fastening of the safety mechanism, the conditions of the frame, the handlebar and the saddle, as well as the pressure on the wheels and the correct operation of the headlights and the braking system. In the event that the Customer notices any technical anomaly or any damage at the beginning of the rental period or at any subsequent time, it must notify the customer service of the Company, end the rental and stop using the bicycle immediately. If there is any technical anomaly or damage after renting the bicycle but before the Customer has used it, the Company will cancel the rental.
3) Damages such as damage to the wheel, damage to the rim or failure to change gears (on bicycles with gears) must also be reported immediately. If the bicycle does not have a lock, the Customer must contact the customer service.
Parking of rental bicycles
1) The bicycle must be parked in order to complete a rental in full view in a TuDock parking lot, specific to our rental system. When parking, the Customer must respect the traffic signs. It must also ensure that the bicycle does not interfere with road safety, that other vehicles or traffic are not obstructed and that no damage is caused to third parties or their property. When the Customer parks the bicycle, they must always use the kickstand. In addition, the bicycle must be parked in the authorized areas.
2) Bicycles may not be parked specially:
a) at traffic lights;
b) in ticket vending machines or parking meters;
c) on traffic signals;
d) on sidewalks less than 1.50 meters wide;
e) in front of emergency exits and service areas of firefighters or near them;
f) in places where the bicycle obstructs the viewing of advertisements;
g) chaining the bicycle to fences of public or private buildings.
3) The rental bicycle must be locked when not used, even if the Client leaves it for a short period of time.
4) Failure to comply with these rules will entail the payment of the corresponding commission from the price list available at www.Tucycle.com or through the mobile application. In addition, the Customer will assume the payment of any fine or compensation for claims by third parties arising from the breach of these rules or legal provisions.
5) In no case is it allowed to leave or park bicycles in buildings, courtyards or inside other vehicles.
Return of rental bicycles
1) As a general rule, the return of rental bicycles is not allowed outside the area of intended use, which is usually the city in which the bicycle was rented. Exceptions may be made in specific locations with systems whose regional scope coincides with another. Only in these areas, a bicycle can be rented in one city and returned in another, on the condition that it is part of the same system where the bicycle was originally rented.
2) Bicycles must be returned in a TuDock parking lot where they will be parked and locked.
3) The Client must communicate to TuCycle Bike Sharing S.L. the return using the mobile application to confirm the exact location of the bicycle (GPS coordinates).
4) The Client must provide this information to TuCycle Bike Sharing S.L. when it is requested after a period of 24 hours from the end of the rental.
5) If the Customer does not return the bicycle in the area described in sections 1 to 3, does not indicate information that is true or forgets to return the bike, TuCycle Bike Sharing will charge the Customer the corresponding commission from the current price list. appear at www.tucycle.com or in the mobile application.
Responsibilities of TuCycle Bike Sharing and Client
1) The Client will use the services provided by TuCycle Bike Sharing S.L. under its responsibility. The Client shall assume full responsibility for the damages and losses caused. The Client will be the sole civil liability as a result of actions or situations that take place during the rental period or as a result of this. The right of the TuCycle Bike Sharing S.L. insurer will not be impaired. to claim damages from the Client.
2) If the Customer causes negligent damage or the bicycle is removed due to negligence, the Customer will assume responsibility for the cost of material and personnel or to recover the stolen bicycle up to the amount included in the price list. Said amount will not be applicable in those cases in which the Client has caused the damage intentionally or through a serious negligent act or in those cases in which the bicycle has been stolen. In such cases, the amount of civil liability for application will be determined based on the real amount and the real value of the damage caused.
3) The Client will be responsible for all expenses and damages incurred by TuCycle Bike Sharing S.L. for breach of the obligations of the agreement including those provided in the previous sections with respect to the notification obligations.
4) TuCycle Bike Sharing S.L. will not be responsible for damages caused intentionally or by gross negligence with respect to its Clients. The Company shall only be liable, with respect to the other contractual obligations that it intentionally infringes (fundamental obligations), for the usual foreseeable damages. TuCycle Bike Sharing S.L. will not be responsible for the damages in the objects that the Client transports in the bicycle. Any other liability on the part of the Company is excluded.
5) TuCycle Bike Sharing S.L. will not assume any responsibility in cases of improper or unauthorized use of the bicycle in accordance with section 3.
6) If the bicycle is stolen during the rental period, the Customer must immediately notify the Company.
7) The Client will assume responsibility for damages that may have been caused, until TuCycle Bike Sharing S.L. check the bicycle returned (in a maximum of 48 hours) or until another Customer rents the bicycle, meanwhile. In case of detecting any damage, TuCycle Bike Sharing S.L. will be responsible for informing you and proving the existence of such damage. The Client will not be responsible for the damages that are communicated after 48 hours after the rental period.
Obligations of the Client in case of accident
1) In case of accident, you must inform TuCycle Bike Sharing S.L. immediately. If an accident occurs involving not only the user, but also the property of a third party or other persons, the Client will be obliged to immediately report the incident to the police. In case of not doing so, the Client will assume responsibility for damages incurred by TuCycle Bike Sharing S.L. as a consequence of the breach of this obligation.
2) If a user causes damage to a property or injury to any part while using or having in his possession the bicycle, the user will be solely responsible for said damages or injuries.
3) The Company will not be obliged to provide insurance of any kind in relation to the user or the use that this gives to the bicycle. In case the user has contracted the insurance initially recommended by TuCycle Bike Sharing SL, the user will assume all responsibility for property damage, personal injuries, injuries to third parties, damages, penalties, fines, losses or expenses of any kind .
Confidentiality of user information
1) The Client will be responsible for avoiding an unauthorized use of their personal data by third parties, in particular, their personalized PIN / password.
2) TuCycle Bike Sharing S.L. expressly states that employees of the company do not have authorization to request the user’s password, so they will never ask for it.
3) The Client may modify his personal data at any time and whenever he wishes.
4) If the Customer has reason to believe that his / her user data has been used improperly or has been exposed, he / she must inform TuCycle Bike Sharing S.L. as soon as possible.
5) The Client may deactivate his Client account online at www.tucycle.com, through the mobile application or by notifying the company in writing.
Misuse and deprivation of use of services
1) The company will have the right to cancel the rights of the Client and, therefore, to deprive the use of the services and bicycles of TuCycle Bike Sharing S.L. Customer for well-founded reasons and, in particular, in cases of misuse.
2) The limitation of liability foreseen in section 9.2 will not apply if the Client allows an improper use of his Client data intentionally or through gross negligence.
Rates, prices and calculations
1) The calculation of rates and services will be applied based on the prices in force at the beginning of the individual use of bicycles. The rental rates are included in the current price list (which can be found at www.tucycle.com or in the mobile application).
2) Special rates or gift coupons are only valid for one bicycle per rental. In general, they may be used only by the person for whom they were expressly provided in accordance with the current price list.
Payment and payment delays
1) The Customer must pay the amounts invoiced by credit card, bank transfer (with direct charge) or PayPal. The Client may modify the payment method used at any time.
2) If it is not possible to make a direct charge due to lack of funds in the Client’s account or for other reasons attributable to the Client, TuCycle Bike Sharing S.L. will charge the Customer the additional expenses incurred, in accordance with the current price list that appears on www.tucycle.com or in the mobile application, unless the Client can demonstrate that the actual expense incurred was less. In specific cases and to the extent that the Client can not demonstrate that the expense was actually lower, the company may charge the actual expense incurred, but in no case a greater expense.
3) If the Client incurs non-payment, the interest foreseen in the price list will be applied. The Customer will also be charged for notification expenses that involve additional administrative work.
4) If the payment is delayed, the company may request the claim in its entirety and stop providing the service until the Client fulfills its obligations.
Billing, rent lists and control
1) The Client may contact the Company through email@example.com for billing purposes. The Company will issue the invoices to the Client according to the current price of the list that can be consulted at www.tucycle.com or in the mobile application. The Client may consult the contracted rentals (including expenses and time periods) in his account within the mobile application. The list of all rents completed will not include the concepts of an extraordinary nature and may not be included in the automated system (such as expenses for contractual breach or service expenses).
2) The service will be charged to the Client’s account automatically. However, TuCycle Bike Sharing S.L. reserves the right to request payment from Clients in writing.
3) Objections regarding the amounts charged must be sent to the company in writing within 14 days of receipt of the invoice. Client’s rights will not be impaired after the objection period has elapsed, including cases of legitimate claims. The returns that correspond to the Client will be credited to your account and will be applied in the next payment that must be made, unless the Client indicates otherwise.
TuCycle, undertakes to apply a policy of payments to those CLIENTS of the SERVICE who are affected by a failure (meaning “failure of the service” as the total interruption of the service), provided that such failure is not caused by the following reasons:
1) Network maintenance operations.
2) Installation of hardware or software elements by the CLIENT in his computer equipment that prevent the execution of the SERVICE.
3) Adverse weather conditions.
4) Failure in the provision of the communication line by a provider external to TuCycle.
5) Failure in the electrical supply or manipulation of hardware equipment by unauthorized personnel.
6) Serious causes of force majeure, both natural (earthquakes, floods, etc.), as well as artificial (arson or incidents, sabotage, attacks, etc.).
7) Manipulation, deterioration or theft by third parties outside TuCycle of the electronic equipment installed in the parking lot, necessary for the issuance of the opening signal.
8) Installation of hardware or software elements in the electronic equipment installed in the parking lot by third parties outside TuCycle.
9) Growth of vegetation or installation by third parties outside Tucycle of advertising or other elements that block, limit or prevent the proper transmission of wireless signals.
10) Use of frequency inhibitors by the bodies and security forces of the state.
The reimbursement will be the amount of the rent made at the time of service failure.
Resolution and elimination of Customer data
Both contractual parties may terminate the contractual relationship at any time and in due form. This provision will not affect the right to terminate the contract exceptionally. The Client may cancel his account through the website www.tucycle.com or the mobile application.
1) The company may store personal data of the Clients and is obliged to use said data in accordance with the provisions of application in Spain.
2) TuCycle Bike Sharing S.L. You may provide information about the Client to the investigating authorities and to the extent necessary, in particular, the Client’s address, in case of initiation of criminal or civil proceedings against the Client.
3) If the Customer chooses to pay by credit card, the data of the Customer’s card will be sent to Redys (associated payment management company) for the purpose of checking and collecting the rents. Once the registration process is finished, the employees of TuCycle Bike Sharing S.L. they will not have access to the credit card information.
1) The present contractual relationship shall apply Spanish law, with preference over any other.
2) There will be no additional agreement of a verbal nature.
3) In compliance with the duty of general information that, gathered in article 10 of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, must offer the providers of services of the information society, the following data is reflected below.