Terms and conditions of use

GENERAL CONDITIONS OF USE FOR THE MugiBIKE XL SERVICE
 

Short-term Rental

Between

The user of the Service, hereinafter referred to as the “Renter”.

And

The company UTE MoFIf Vitoria, whose registered office is located at Calle Manya, Num 24, 46980 Paterne, registered in the Valencia Trade and Companies Register under number U23816390, represented by Mr. Arnaud Le Rodallec, in his capacity as General Manager,
 

Hereinafter referred to as “the Operator”,

ARTICLE 1 - PURPOSE

1.1 Subject

The MugiBIKE XL Service is a long-term electric-assist bicycle (EAB) rental service offered by MoFif, which provides the electric-assist bicycles, street furniture, and Applications necessary for the provision of the Service.

These General Conditions of Use of the Service (the "GCOU") aim to define the terms and conditions for the provision of the Service to natural persons for their personal use under the conditions defined below.

By subscribing to the bicycle rental contract with the Operator, the Contracting Party acknowledges having read and fully and unreservedly accepted the content of these GCOU.

1.2 Customer Service Contact Details

Customer Service is open:

• from 8:00 a.m. to 1:00 p.m. and 5:00 p.m. to 7:00 p.m. Monday to Friday

ARTICLE 2 - DEFINITIONS

The following definitions apply to the GCOU:

The Article titles are used only for ease of reading. They cannot be used for interpretation purposes.

ARTICLE 3 - DESCRIPTION OF THE SERVICE

The Service allows the Renter, after having contracted a Subscription on the Application, to use a Bicycle in accordance with the terms and conditions described below.

3.1 Account Creation

The Renter must download an Application on their smartphone to subscribe to the Subscription and use the Bicycle as part of the Service.

In particular, the Application allows the Renter to:

• identify themselves and access their Account information;
• obtain information about the Service
• contact Customer Service
• lock and unlock the Bicycle paired with the Contract;
• lock and unlock the Bicycle's battery;
• save, modify, or delete their bank details;
• consult their trip history;
• consult the General Conditions and the Privacy Policy;

To subscribe and use the Service, the Renter is invited to create an Account by filling in the registration form available on the Application. The Renter's phone number is used as the identifier, and a four-digit secret code will be sent to the phone number to validate registration and access the Account. This requires the Renter to:

• Present an updated identity document;
• Accept the General Conditions and the Privacy Policy;
• Provide accurate, truthful, and up-to-date information. In this regard, the Renter undertakes to notify the Operator of any change affecting their information.

The Renter is limited to one Account per person. Account creation is free.

The validation of Account creation will take place as soon as possible after verification of the phone number entered in the Application. Furthermore, the Operator reserves the right to request proof of address if an incorrect address is found.

The Renter is solely responsible for choosing their login details, taking into account the rights of third parties, particularly with regard to identity theft or intellectual property rights, and for maintaining their confidentiality. If the Renter loses or forgets their access details, they must contact Customer Service.

To use the Service, the Renter must register the details of a valid personal bank card.

The Operator reserves the right to refuse or cancel the creation of an Account or access to the Service for any Renter who does not meet the conditions set out in these GCOU.

The Renter will be solely responsible for the consequences of not updating their personal information and expressly acknowledges that the Operator will not be liable in case of false statements about their identity.

3.2 The Subscription

For the duration of the Subscription, the Renter has an available Bicycle, the characteristics of which are detailed during the ordering process on the MugiBIKE XL Website or in the long-term rental Application.

The Bicycle is delivered with an external battery charger. The effective date of the Subscription is (i) in the case of delivery, for territories offering this option, the date on which the Bicycle is made available by the Operator, or (ii) the date on which the Bicycle is paired by the Renter.

The Subscription includes free repair, within the limit of the number of repairs provided for in Article 3.6, of the Bicycle for defects that appear as part of the normal and habitual use of the Bicycle. By way of example, the following may be considered defects:

• a punctured tire;
• a broken bicycle chain
• a torn saddle;
• lighting failure.

In such a case, Customer Service may, at its sole discretion, offer (i) to repair the Bicycle on-site or in its workshops, or (ii) to exchange the Bicycle, depending on available stock and the geographical area where the Bicycle was delivered to the Renter.

3.3 Delivery and Activation of the Bicycle

3.3.1. To pick up a Bicycle, the Renter must contract a Subscription by paying the first month's rent in the Application. They can then retrieve a Bicycle by pairing an available self-service Bicycle in the operational area: the Renter undertakes to scan an available Bicycle for rental in the operational area.

3.3.2. Once the Bicycle is scanned and paired in the Application, the Renter will perform an inventory of fixtures with photos in the Application. Within twenty-four (24) hours, the Renter will have the option to express reservations in the Application. In the absence of reservations made by the Renter within the indicated period, the Bicycle, its equipment, and accessories will be considered delivered in conformity, in good working order, and without any defect.

3.3.3.The Battery charger will be sent by mail to a relay point, as close as possible to the address indicated in the Application no later than forty-eight (48) hours (two working days) following the pairing of the Bicycle to the rental contract.

3.3.4. The Renter may request an optional luggage rack simply by calling Customer Service. The installation will be invoiced at €15.

3.4 Use of the Bicycle

The Bicycle always remains the property of the Operator. Consequently, the Renter is not authorized to establish or grant any rights over the Bicycle to a third party, with the exception of a right of use to minors under the conditions set out in Article 5.2.1.

The Renter undertakes to make normal use of the Service and, in particular, to use the Bicycle prudently, diligently, and knowingly, respecting these GCOU, the Highway Code, and all applicable regulations.

The following, in particular, do not constitute normal use of the Bicycle:

• use on terrain or conditions that may damage the Bicycle (including, but not limited to: climbing stairs, ....);
• transporting passengers in any way
• loading the front basket with more than 5 kg;
• using the Bicycle in a way that endangers the Renter or third parties;
• disassembling or attempting to disassemble the Bicycle in whole or in part;
• overloading the Bicycle, specifying that it is designed to support a maximum load of 120 kg.
• using the Bicycle for professional purposes: home meal delivery, etc.
• parking their bicycle at a station intended for short-term rental.

Furthermore, the Renter undertakes to be capable of using the bicycle and to be in appropriate physical conditions for it (sufficient height, good health, etc.).

Damages resulting from improper use are the civil liability of the user.

The Operator reserves the right to suspend access to the Renter's Account ipso iure and without compensation if it is found that the Renter does not comply with the conditions set out in this article, and particularly in case of theft, vandalism, or endangering third parties.

The Bicycle is intended exclusively for the user for their personal use. The user is not authorized to use the Bicycle as a work tool (particularly for delivery activities). In case of non-compliance with this rule, the Renter must pay compensation of up to two thousand (2000) euros.

It is also prohibited to travel more than 300km per week, or make more than 100 trips per week. The Operator reserves the right to disconnect the electric assistance and/or immediately terminate the Contract if professional use or maximum distances not respected (i.e., 300km per week) or authorized number of trips (i.e., 100 trips per week) are observed.

The aforementioned compensation applies without prejudice to the Operator's other rights, particularly the right to claim damages for any prejudice suffered (including reimbursement of any recovery costs) and to terminate the Subscription in accordance with Article 6.3 of the GCOU.
 

3.5 Conditions of Use

When using a Bicycle, the Renter must:

• Insert the Bicycle Battery into its slot behind the seat tube and push it until it clicks into place;
• Open the iOS or Android application on their smartphone;
• Activate geolocation and Bluetooth to unlock the bicycle;
• Lock the Bicycle at the end of each use when parked by pressing the "Lock" button on the Application, to activate the anti-theft function that blocks the rear wheel of the Bicycle;
• Secure the Bicycle either in an enclosed place if it will not be used for several days (garage, courtyard, parking lot, at their home, etc.), or by attaching it to a fixed point with a sturdy U-type lock.

The bicycle can only be locked and unlocked via Bluetooth communication between the bicycle and the smartphone or via the connected key fob. A beeping signal is activated on the Bicycle when locking and unlocking the Bicycle.

When using the Bicycle, the Renter undertakes solely to perform the following tasks:

• tire inflation;
• saddle adjustment;
• battery charging;
• brake tightening;
• cleaning of the mechanical parts of the bicycle with soapy water.

3.6 How Repairs are Paid

The Renter may exchange their Bicycle after a report made in the application. It will only be possible to exchange the Bicycle if the repair is very critical:

• Punctured tire
• Bent wheel
• Missing pedal
• Loose brakes
• Misaligned handlebar
• No electric assistance (with charged battery)
• Damaged fork

The user agrees not to exchange bicycles abusively and to respect the maximum number of exchanges per month: (2) two exchanges.

When a Bicycle is made available for repair or exchange, the Bicycle must be unloaded of all personalization elements, including additional equipment, such as child seats or carrying bags. If the equipment is not removed, the Operator cannot be held responsible in case of breakage, damage, or loss thereof.

The Operator may, at its sole discretion, exchange a Bicycle in case of defect, provided there is sufficient stock in the operational area where the Bicycle was delivered.

The number of home interventions cannot exceed (2) two per month. Any additional request may be invoiced to the User.

Any report of an unjustified problem may be considered an abusive report by the Operator.

3.7 Waiting List

If no replacement Bicycle is available, the Renter will be placed on the waiting list, in chronological order of reservations. The Renter will receive an email notification as soon as a bicycle is available for rent.

Registration on the waiting list is free.

ARTICLE 4 - PRICES AND PAYMENT CONDITIONS

4.1 Rates

The applicable Rate is the one shown in the Application at the time the Renter rents a Bicycle. By accepting to take the Bicycle, the Renter is fully informed of the applicable Rate.

The applicable Rate is valid for a period of 3 months from the date of Subscription.

The Rate is charged monthly directly to the Renter's credit card. Any commenced Subscription month is due.

All amounts indicated include VAT.

4.2 Payment for the Service

Payment for the Service is made by bank card, the details of which the Renter will have entered when creating their Account or updating their bank details.

By entering their bank card numbers, the Renter grants the Operator authorization to charge their bank card for any amount owed by the Renter in accordance with these GCOU. The Renter authorizes the monthly Subscription fee and any accessory costs to be charged directly to the bank account number provided to the Operator. The Renter acknowledges and declares:

• that the bank card associated with their Account and its contact details are and remain valid;
• that they have the necessary capacity, consent, or power to associate this bank card with their Account and to have the costs of using the Service charged to this card.

At the beginning of the Subscription, Stripe Inc. may issue a pre-authorization charge on the Renter's bank card to guarantee payment for the Service.

In some cases, this pre-authorization may temporarily appear on the Renter's bank Account; this pre-authorization will be removed at the end of the Subscription to make way for the final charge.

In the case of extraordinary charges invoiced (e.g., penalties), the Operator reserves the right to charge the amount due to the Bank Account before delivering a new Bicycle to the Renter.

In case of non-payment of Subscription fees or other costs or in case of refusal of transfers to the Renter's detriment, the latter will be automatically considered in default. The Renter will consequently receive a formal notice to pay the amounts due within eight (8) days. If the outstanding amount is not paid within eight (8) days, the Operator reserves the right to entrust the case to a collection agency. All administrative and extrajudicial collection costs will be borne by the user. In no case shall the Operator be responsible in case of fraudulent use of the Renter's payment methods.

4.3 Invoices

The Renter may receive a monthly email with the monthly Subscription invoice.

ARTICLE 5 - OBLIGATIONS OF THE PARTIES

5.1 Operator's Obligations

The Operator undertakes to provide an accessible Service to Renters and an active Subscription seven days a week, twenty-four hours a day, without interruption, except in case of force majeure within the meaning of Article 1218 of the Civil Code or a decision of an administrative or judicial authority imposing a total or partial, temporary or definitive restriction on the use of one or more Bicycles or on bicycle traffic in the area where the Service is located.

The Operator will do everything possible to inform the Renter in real-time of the Service's availability conditions through the Website or the Application.

5.2 Renter's Obligations

5.2.1 Adherence to the GCOU

Use of the Service implies unreserved acceptance of these GCOU. The Operator reserves the right to refuse or cancel the creation of an Account or access to the Service for any User who does not meet the conditions required by these GCOU.

5.2.2 Service Use Restrictions

Access to the Service is reserved for adults. However, access to the Service is also open to minors who have the necessary physical capacity and height to ride a Bicycle safely, from the age of 16, provided the Renter is the legal representative.

Notwithstanding the preceding paragraph, the Renter is prohibited from lending, renting, or transferring their Account.

5.2.3 Access to the Bicycle

The Renter can only access the Bicycle through the Application. The Renter must regularly update the Application to benefit from all the Service's functions.

The Renter must activate geolocation and Bluetooth to be able to use their Bicycle.

Given that the Renter is responsible for the Bicycle, it is recommended that, before using it, they perform a basic check of its main visible functional elements, and in particular (this list is not exhaustive):

• that the saddle, pedals, and basket are correctly fixed;
• the proper functioning of the bell, brakes, and lighting;
• the good general condition of the frame and tires.

In case of an incident identified by the Renter, they undertake to notify the Operator by reporting it through their Account in the Application and/or to Customer Service.

The Renter assumes custody of the Bicycle they have rented. They must prevent its deterioration, destruction, or disappearance. They will systematically lock the Bicycle as soon as they stop and leave it unattended.

The Renter agrees in advance that any breach of this obligation will entitle the Operator to the payment of a lump-sum penalty, the final amount of which will be set in accordance with the conditions established in Article 8. In case the use of a Bicycle contrary to the provisions of these GCOU is observed, the Renter undertakes to return the Bicycle at any time, upon the first request of the Operator or its representatives.

In case the Renter does not return the Bicycle, the Operator reserves the right to take legal action for the theft of the Bicycle.

ARTICLE 6 - SUBSCRIPTION DURATION - CONTRACT TERMINATION

6.1 Subscription Duration

The Subscription has an initial duration of one (1) month ("Subscription Period"), renewable by tacit agreement. The Subscription Period begins on the effective date of pairing the Bicycle by the Renter or delivery of the Bicycle, as the case may be.

At the end of the initial Subscription Period, the Subscription will be tacitly renewed for an additional period of one month, unless the Subscription is terminated. The maximum duration of the Subscription is [3 months] per user.

The user will no longer be able to benefit from the service if they have already reached the maximum rental period.

6.2 Subscription Cancellation at the Renter's Request

The Renter can cancel a monthly Subscription at any time through the Application. The Renter remains fully responsible for the current month and retains the right to use the Bicycle and the obligation to pay the Subscription costs for the remainder of the Subscription period.

6.3 Termination due to Renter's Fault

The following are normally considered the Renter's fault:

• The use of an expired or invalid bank card or a false bank card;
• the total or partial non-payment of the price of a Subscription or any amount owed for the Service;
• the fact that the Renter provides incorrect information to the Operator
• using the Service in a manner non-compliant with these GCOU;
• the commission of infractions, misdemeanors, or crimes during the use of the Bicycle.

In the event that, after formal notice to the Renter to remedy the observed breach, which has remained unsuccessful within a period of eight (8) days, the Operator will suspend access to the Service until the situation has been remedied by the Renter.

The Renter will remain responsible for paying the Subscription throughout the suspension period and can only continue with the execution of the Subscription subject to having satisfied all due payments.

The Operator reserves the right to entrust the matter to a debt collection agency. All administrative and extrajudicial collection costs will be borne by the user.

The Operator may, at any time, decide to terminate a Subscription or the Service in case of serious fault of a user. In such cases, the termination will be notified to the Renter by email or push message and will take effect within 48 hours.

6.4 Termination due to Operator's Fault

The Renter has the right to directly terminate the Subscription if the Operator has repeatedly and/or seriously breached its obligations described in the GCOU. In such a case, it will be up to the Renter to demonstrate the existence and severity of the breaches committed.

6.5 Termination at the Operator's Discretion

The Operator may, at any time, decide to terminate a Subscription or the Service at its discretion. In such cases, the cancellation will be notified to the Renter by email or push message, with thirty (30) days' notice.

6.6 Consequences of Subscription Termination

6.6.1. Return of the Bicycle

The Renter must return the Bicycle, Battery, and accessories to the Operator no later than the last day of the monthly Subscription period for which the termination has been requested (the "End Date").

If the Renter returns the Bicycle before the End Date, the Renter's rights will terminate on the End Date.

If the Renter does not return the Bicycle to the Operator before the End Date, the Renter will be liable for a fine of fifty (10) euros per day of delay, until the Bicycle is returned to the Operator or the Subscription is reactivated.

After ten (10) days of delay, the Bicycle will be considered lost or stolen by the Renter. A fine of €2000 for bicycle theft will apply.

To return the Bicycle, the Renter follows the cancellation steps in the Application and performs the return inventory. The Renter can then return the locked Bicycle with the Battery to the Station. Please note that the Renter undertakes to return the Bicycle with the Battery charged to the level specified in the Application, in the "Return Conditions" section.

Once the Bicycle has been delivered to a drop-off point, the Renter validates this delivery in the Application. A confirmation email is then sent to the Renter with instructions regarding the return of the Battery Charger.

The Operator will perform an inventory of the Bicycle within twenty-one (21) business days following its return. If repairs unrelated to normal use are found to be necessary, the Operator may, at its discretion, claim the restoration costs of the Bicycle from the Renter. The Renter will have fifteen (15) business days to contest and/or make the payment.

6.6.2. Return of the charger

The Renter must return the charger at the end of the Subscription, by post via a pre-sent delivery note emailed by the Operator. If the Renter cannot return the charger within seven (7) days from the Subscription End Date, the Operator will charge the Renter the value of the external charger, i.e., thirty euros (€30).

ARTICLE 7 - SERVICE OPERATION AREA

The Service Operation Area is the area where the Operator provides technical assistance.

This area is specified in the Frequently Asked Questions section of the Application.

The Renter is free to use their Bicycle outside the Operation Area, subject to compliance with the GCOU. In case of theft or disappearance of the Bicycle outside this area, the Renter will be charged an excess as detailed in Article 8.1. In case of damage to the Bicycle requiring the Operator's assistance, the Renter must return the Bicycle to the operation area at their expense so that technical assistance can take effect.

ARTICLE 8 - LIABILITY AND PENALTIES

8.1 Theft or Disappearance of the Bicycle

8.1.1. In case of theft or disappearance of the Bicycle, the Operator may charge the Renter an excess, the amount of which will vary depending on whether or not the following conditions are met:

(i) Notify the Operator's Customer Service, according to the means provided in Article 1.2, within a maximum period of twenty-four (24) hours following the end of the Authorized Continuous Use Period. In order to allow the Operator to find the Bicycle and thus allow the Renter to limit their liability, it is highly recommended to file a claim as soon as possible and, in any case, within forty-eight (48) hours following the expiration of the Authorized Continuous Use Period, and to send a copy of said claim to Customer Service;

(ii) Lock their Bicycle and Battery through the Application
 

8.1.2. Amount of the excess (VAT included) charged to the Customer in case of theft/disappearance.

To prevent incidents such as disappearances, thefts, or damages, the Bicycle must always be locked when parked, even for a very short time. The Renter may add an additional security system, such as a personal anti-theft device.

In no case will the Bicycle's geolocation system exempt the Renter from liability in case of theft.

8.2 Damages

The Renter is responsible for the Bicycle throughout the duration of the Subscription and undertakes to take good care of it. The Renter must perform a Bicycle inventory on the pickup date and a Bicycle inventory on the return date, in accordance with the steps specified in the Application.

Customer Service must be notified within twenty-four (24) hours of any damage caused to the Bicycle by an act of vandalism.

The Renter authorizes the Operator to impose the following penalties in case of damage or vandalism to the Bicycle caused by the Renter:

• a lump sum of one hundred (100) euros for major damage (e.g., deformed wheel);
• a lump sum of fifty (50) euros for minor damage (e.g., damaged mudguard).

Damages resulting from improper use are the civil liability of the user. It is also recommended that the Renter:

• adapt their braking distance in case of bad weather;
• adjust the saddle height to their body shape;
• wear an approved helmet and appropriate clothing.

The Renter is solely and fully responsible for damages suffered by themselves or third parties caused by their use of the Bicycle, particularly with regard to the physical, material, and immaterial consequences of accidents of any kind, throughout the Term of the Subscription, unless their damages are attributable to gross negligence or willful misconduct of the Operator. The legal representatives of any minor subscribed to the Service will be held responsible for any damage caused directly or indirectly by the minor as a result of the Use of the Service.

In case of an accident and/or incident with the Bicycle, the Renter is obliged to communicate the facts as soon as possible to Customer Service. In case of damage caused by the fault (joint) of a third party, the Renter must provide the Operator with the contact details of said third party along with an agreement signed by both Parties describing the damage caused to the Bicycle. The report must be sent to the Operator by email or through the Application.

8.3 Privatization of the Bicycle beyond the Deadline

If the Renter does not return the bicycle to the rental station at the end of the Rental Period, a penalty of fifty (50) euros (€) per day will apply.

8.4 No-Show

If the Renter does not show up for an appointment arranged with the Operator, or is delayed by more than fifteen (15) minutes, a penalty of fifty (50) euros (€) will apply.

8.5 Abusive Complaints

In case of an abusive complaint about the bicycle, the Renter will incur a penalty of fifty (50) euros (€).

8.6 Exclusion of User Liability

The User or, where applicable, their legal representative(s), may be exonerated from liability under common law conditions and, in particular, in case of force majeure, or by providing proof of a third party's act.

ARTICLE 9 - PERSONAL DATA - BLOCTEL SYSTEM

9.1 Personal Data

The Renter's personal data will be processed in accordance with the Operator's privacy policy.

9.2 Information Regarding the Bloctel System

In accordance with the provisions of Article L.223-2 of the French Consumer Code, the Renter is informed of their right to register for free on the "Bloctel" anti-solicitation telephone list on the website https://www.bloctel.gouv.fr/. This registration allows the Renter to avoid being contacted by phone by a professional with whom they do not maintain any contractual relationship.

ARTICLE 10 - DISPUTE RESOLUTION

The GCOU and the relationship between the Renter and the Operator are governed by French law.

In case of a complaint, the Renter may contact Customer Service either using the form provided for this purpose on the Website or by email to mugibike-xl@mugibe.eus. The Renter has a period of three (3) months from the contentious fact to take this step.

10.1 Mediation Clause

The parties will make every effort to find an amicable solution to any difference that may arise between them.

The GCOU and the relationships between the User and the Operator are governed by Spanish law. Any dispute related to the interpretation, execution, or resolution of these GCOU and/or the relationships between the User and the Operator will be under the jurisdiction of the Spanish courts.

10.2 European Consumer Dispute Resolution Platform

Furthermore, the Renter is informed of the existence of the European dispute resolution platform, intended to collect possible claims arising from an online purchase by European consumers and transmit them to the competent national mediators. This platform can be accessed at the following address: https://ec.europa.eu/consumers/odr/.

ARTICLE 11 - APPLICATION AND ENFORCEABILITY OF THE GCOU

These GCOU apply to any use of the Service by a Renter and are available at any time at the following address: mugibike-xl@mugibe.eus as well as in the Application. The Renter undertakes to read and accept the GCOU before subscribing to the Service. The Renter is informed that the mere fact of contracting a Subscription to the Service implies full and unreserved acceptance of all the stipulations set out in these GCOU. The Renter acknowledges having been fully informed of the fact that their compliance with the content of the GCOU does not require the handwritten or electronic signature of a document.

The Operator reserves the right to modify the GCOU at any time. Any modification of the GCOU will be notified to the Renter by email without prior notice. Any modification of the GCOU will be considered accepted by the Renter who has not expressed their disagreement within seven (7) days of being informed by email.

In the event that one of the clauses of the GCOU is declared null, illegal, or unenforceable, in whole or in part, the other clauses will remain in force and will continue to have full effect. In the event that the Service is entrusted to a company other than the Operator, the Renter accepts that these GCOU are automatically transferred to the assignee, whoever it may be.

GENERAL CONDITIONS OF USE FOR THE MugiBIKE XL SERVICE

Long-term Rental
 

Between

The user of the Service, hereinafter referred to as the “Renter”.

And

The company UTE MoFIf Vitoria, whose registered office is located at Calle Manya, Num 24, 46980 Paterne, registered in the Valencia Trade and Companies Register under number U23816390, represented by Mr. Arnaud Le Rodallec, in his capacity as General Manager,

Hereinafter referred to as “the Operator”,

ARTICLE 1 - PURPOSE

1.1 Subject

The MugiBIKE XL Service is a long-term electric-assist bicycle (EAB) rental service offered by MoFif, which provides the electric-assist bicycles, street furniture, and Applications necessary for the provision of the Service.

These General Conditions of Use of the Service (the "GCOU") aim to define the terms and conditions for the provision of the Service to natural persons for their personal use under the conditions defined below.

By subscribing to the bicycle rental contract with the Operator, the Contracting Party acknowledges having read and fully and unreservedly accepted the content of these GCOU.

1.2 Customer Service Contact Details

Customer Service is open:

• from 8:00 a.m. to 1:00 p.m. and 5:00 p.m. to 7:00 p.m. Monday to Friday

ARTICLE 2 - DEFINITIONS

The following definitions apply to the GCOU:

The Article titles are used only for ease of reading. They cannot be used for interpretation purposes.

ARTICLE 3 - DESCRIPTION OF THE SERVICE

The Service allows the Renter, after having contracted a Subscription on the Application, to use a Bicycle in accordance with the terms and conditions described below.

3.1 Account Creation

The Renter must download an Application on their smartphone to subscribe to the Subscription and use the Bicycle as part of the Service.

In particular, the Application allows the Renter to:

• identify themselves and access their Account information;
• obtain information about the Service
• contact Customer Service
• lock and unlock the Bicycle paired with the Contract;
• lock and unlock the Bicycle's battery;
• save, modify, or delete their bank details;
• consult their trip history;
• consult the General Conditions and the Privacy Policy;

To subscribe and use the Service, the Renter is invited to create an Account by filling in the registration form available on the Application. The Renter's phone number is used as the identifier, and a four-digit secret code will be sent to the phone number to validate registration and access the Account. This requires the Renter to:

• Present an updated identity document;
• Accept the General Conditions and the Privacy Policy;
• Provide accurate, truthful, and up-to-date information. In this regard, the Renter undertakes to notify the Operator of any change affecting their information.

The Renter is limited to one Account per person. Account creation is free.

The validation of Account creation will take place as soon as possible after verification of the phone number entered in the Application. Furthermore, the Operator reserves the right to request proof of address if an incorrect address is found.

The Renter is solely responsible for choosing their login details, taking into account the rights of third parties, particularly with regard to identity theft or intellectual property rights, and for maintaining their confidentiality. If the Renter loses or forgets their access details, they must contact Customer Service.

To use the Service, the Renter must register the details of a valid personal bank card.

The Operator reserves the right to refuse or cancel the creation of an Account or access to the Service for any Renter who does not meet the conditions set out in these GCOU.

The Renter will be solely responsible for the consequences of not updating their personal information and expressly acknowledges that the Operator will not be liable in case of false statements about their identity.

3.2 The Subscription

For the duration of the Subscription, the Renter has an available Bicycle, the characteristics of which are detailed during the ordering process on the MugiBIKE XL Website or in the long-term rental Application.

The Bicycle is delivered with an external battery charger. The effective date of the Subscription is (i) in the case of delivery, for territories offering this option, the date on which the Bicycle is made available by the Operator, or (ii) the date on which the Bicycle is paired by the Renter.

The Subscription includes free repair, within the limit of the number of repairs provided for in Article 3.6, of the Bicycle for defects that appear as part of the normal and habitual use of the Bicycle. By way of example, the following may be considered defects:

• a punctured tire;
• a broken bicycle chain
• a torn saddle;
• lighting failure.

In such a case, Customer Service may, at its sole discretion, offer (i) to repair the Bicycle on-site or in its workshops, or (ii) to exchange the Bicycle, depending on available stock and the geographical area where the Bicycle was delivered to the Renter.

3.3 Delivery and Activation of the Bicycle

3.3.1. To pick up a Bicycle, the Renter must contract a Subscription by paying the first month's rent in the Application. They can then retrieve a Bicycle by pairing an available self-service Bicycle in the operational area: the Renter undertakes to scan an available Bicycle for rental in the operational area.

3.3.2. Once the Bicycle is scanned and paired in the Application, the Renter will perform an inventory of fixtures with photos in the Application. Within twenty-four (24) hours, the Renter will have the option to express reservations in the Application. In the absence of reservations made by the Renter within the indicated period, the Bicycle, its equipment, and accessories will be considered delivered in conformity, in good working order, and without any defect.

3.3.3.The Battery charger will be sent by mail to a relay point, as close as possible to the address indicated in the Application no later than forty-eight (48) hours (two working days) following the pairing of the Bicycle to the rental contract.

3.3.4. The Renter may request an optional luggage rack simply by calling Customer Service. The installation will be invoiced at €15.

3.4 Use of the Bicycle

The Bicycle always remains the property of the Operator. Consequently, the Renter is not authorized to establish or grant any rights over the Bicycle to a third party, with the exception of a right of use to minors under the conditions set out in Article 5.2.1.

The Renter undertakes to make normal use of the Service and, in particular, to use the Bicycle prudently, diligently, and knowingly, respecting these GCOU, the Highway Code, and all applicable regulations.

The following, in particular, do not constitute normal use of the Bicycle:

• use on terrain or conditions that may damage the Bicycle (including, but not limited to: climbing stairs, ....);
• transporting passengers in any way
• loading the front basket with more than 5 kg;
• using the Bicycle in a way that endangers the Renter or third parties;
• disassembling or attempting to disassemble the Bicycle in whole or in part;
• overloading the Bicycle, specifying that it is designed to support a maximum load of 120 kg.
• using the Bicycle for professional purposes: home meal delivery, etc.
• parking their bicycle at a station intended for short-term rental.

Furthermore, the Renter undertakes to be capable of using the bicycle and to be in appropriate physical conditions for it (sufficient height, good health, etc.).

Damages resulting from improper use are the civil liability of the user.

The Operator reserves the right to suspend access to the Renter's Account ipso iure and without compensation if it is found that the Renter does not comply with the conditions set out in this article, and particularly in case of theft, vandalism, or endangering third parties.

The Bicycle is intended exclusively for the user for their personal use. The user is not authorized to use the Bicycle as a work tool (particularly for delivery activities). In case of non-compliance with this rule, the Renter must pay compensation of up to two thousand (2000) euros.

It is also prohibited to travel more than 300km per week, or make more than 100 trips per week. The Operator reserves the right to disconnect the electric assistance and/or immediately terminate the Contract if professional use or maximum distances not respected (i.e., 300km per week) or authorized number of trips (i.e., 100 trips per week) are observed.

The aforementioned compensation applies without prejudice to the Operator's other rights, particularly the right to claim damages for any prejudice suffered (including reimbursement of any recovery costs) and to terminate the Subscription in accordance with Article 6.3 of the GCOU.

3.5 Conditions of Use

When using a Bicycle, the Renter must:

• Insert the Bicycle Battery into its slot behind the seat tube and push it until it clicks into place;
• Open the iOS or Android application on their smartphone;
• Activate geolocation and Bluetooth to unlock the bicycle;
• Lock the Bicycle at the end of each use when parked by pressing the "Lock" button on the Application, to activate the anti-theft function that blocks the rear wheel of the Bicycle;
• Secure the Bicycle either in an enclosed place if it will not be used for several days (garage, courtyard, parking lot, at their home, etc.), or by attaching it to a fixed point with a sturdy U-type lock.

The bicycle can only be locked and unlocked via Bluetooth communication between the bicycle and the smartphone or via the connected key fob. A beeping signal is activated on the Bicycle when locking and unlocking the Bicycle.

When using the Bicycle, the Renter undertakes solely to perform the following tasks:

• tire inflation;
• saddle adjustment;
• battery charging;
• brake tightening;
• cleaning of the mechanical parts of the bicycle with soapy water.

3.6 How Repairs are Paid

The Renter may exchange their Bicycle after a report made in the application. It will only be possible to exchange the Bicycle if the repair is very critical:

• Punctured tire
• Bent wheel
• Missing pedal
• Loose brakes
• Misaligned handlebar
• No electric assistance (with charged battery)
• Damaged fork

The user agrees not to exchange bicycles abusively and to respect the maximum number of exchanges per month: (2) two exchanges.

When a Bicycle is made available for repair or exchange, the Bicycle must be unloaded of all personalization elements, including additional equipment, such as child seats or carrying bags. If the equipment is not removed, the Operator cannot be held responsible in case of breakage, damage, or loss thereof.

The Operator may, at its sole discretion, exchange a Bicycle in case of defect, provided there is sufficient stock in the operational area where the Bicycle was delivered.

The number of home interventions cannot exceed (2) two per month. Any additional request may be invoiced to the User.

Any report of an unjustified problem may be considered an abusive report by the Operator.

3.7 Waiting List

If no replacement Bicycle is available, the Renter will be placed on the waiting list, in chronological order of reservations. The Renter will receive an email notification as soon as a bicycle is available for rent.

Registration on the waiting list is free.

ARTICLE 4 - PRICES AND PAYMENT CONDITIONS

4.1 Rates

The applicable Rate is the one shown in the Application at the time the Renter rents a Bicycle. By accepting to take the Bicycle, the Renter is fully informed of the applicable Rate.

The applicable Rate is valid for a period of 3 months from the date of Subscription.

The Rate is charged monthly directly to the Renter's credit card. Any commenced Subscription month is due.

All amounts indicated include VAT.

4.2 Payment for the Service

Payment for the Service is made by bank card, the details of which the Renter will have entered when creating their Account or updating their bank details.

By entering their bank card numbers, the Renter grants the Operator authorization to charge their bank card for any amount owed by the Renter in accordance with these GCOU. The Renter authorizes the monthly Subscription fee and any accessory costs to be charged directly to the bank account number provided to the Operator. The Renter acknowledges and declares:

• that the bank card associated with their Account and its contact details are and remain valid;
• that they have the necessary capacity, consent, or power to associate this bank card with their Account and to have the costs of using the Service charged to this card.

At the beginning of the Subscription, Stripe Inc. may issue a pre-authorization charge on the Renter's bank card to guarantee payment for the Service.

In some cases, this pre-authorization may temporarily appear on the Renter's bank Account; this pre-authorization will be removed at the end of the Subscription to make way for the final charge.

In the case of extraordinary charges invoiced (e.g., penalties), the Operator reserves the right to charge the amount due to the Bank Account before delivering a new Bicycle to the Renter.

In case of non-payment of Subscription fees or other costs or in case of refusal of transfers to the Renter's detriment, the latter will be automatically considered in default. The Renter will consequently receive a formal notice to pay the amounts due within eight (8) days. If the outstanding amount is not paid within eight (8) days, the Operator reserves the right to entrust the case to a collection agency. All administrative and extrajudicial collection costs will be borne by the user. In no case shall the Operator be responsible in case of fraudulent use of the Renter's payment methods.

4.3 Invoices

The Renter may receive a monthly email with the monthly Subscription invoice.

ARTICLE 5 - OBLIGATIONS OF THE PARTIES

5.1 Operator's Obligations

The Operator undertakes to provide an accessible Service to Renters and an active Subscription seven days a week, twenty-four hours a day, without interruption, except in case of force majeure within the meaning of Article 1218 of the Civil Code or a decision of an administrative or judicial authority imposing a total or partial, temporary or definitive restriction on the use of one or more Bicycles or on bicycle traffic in the area where the Service is located.

The Operator will do everything possible to inform the Renter in real-time of the Service's availability conditions through the Website or the Application.

5.2 Renter's Obligations

5.2.1 Adherence to the GCOU

Use of the Service implies unreserved acceptance of these GCOU. The Operator reserves the right to refuse or cancel the creation of an Account or access to the Service for any User who does not meet the conditions required by these GCOU.

5.2.2 Service Use Restrictions

Access to the Service is reserved for adults. However, access to the Service is also open to minors who have the necessary physical capacity and height to ride a Bicycle safely, from the age of 16, provided the Renter is the legal representative.

Notwithstanding the preceding paragraph, the Renter is prohibited from lending, renting, or transferring their Account.

5.2.3 Access to the Bicycle

The Renter can only access the Bicycle through the Application. The Renter must regularly update the Application to benefit from all the Service's functions.

The Renter must activate geolocation and Bluetooth to be able to use their Bicycle.

Given that the Renter is responsible for the Bicycle, it is recommended that, before using it, they perform a basic check of its main visible functional elements, and in particular (this list is not exhaustive):

• that the saddle, pedals, and basket are correctly fixed;
• the proper functioning of the bell, brakes, and lighting;
• the good general condition of the frame and tires.

In case of an incident identified by the Renter, they undertake to notify the Operator by reporting it through their Account in the Application and/or to Customer Service.

The Renter assumes custody of the Bicycle they have rented. They must prevent its deterioration, destruction, or disappearance. They will systematically lock the Bicycle as soon as they stop and leave it unattended.

The Renter agrees in advance that any breach of this obligation will entitle the Operator to the payment of a lump-sum penalty, the final amount of which will be set in accordance with the conditions established in Article 8. In case the use of a Bicycle contrary to the provisions of these GCOU is observed, the Renter undertakes to return the Bicycle at any time, upon the first request of the Operator or its representatives.

In case the Renter does not return the Bicycle, the Operator reserves the right to take legal action for the theft of the Bicycle.

ARTICLE 6 - SUBSCRIPTION DURATION - CONTRACT TERMINATION

6.1 Subscription Duration

The Subscription has an initial duration of one (1) month ("Subscription Period"), renewable by tacit agreement. The Subscription Period begins on the effective date of pairing the Bicycle by the Renter or delivery of the Bicycle, as the case may be.

At the end of the initial Subscription Period, the Subscription will be tacitly renewed for an additional period of one month, unless the Subscription is terminated. The maximum duration of the Subscription is [3 months] per user.

The user will no longer be able to benefit from the service if they have already reached the maximum rental period.

6.2 Subscription Cancellation at the Renter's Request

The Renter can cancel a monthly Subscription at any time through the Application. The Renter remains fully responsible for the current month and retains the right to use the Bicycle and the obligation to pay the Subscription costs for the remainder of the Subscription period.

6.3 Termination due to Renter's Fault

The following are normally considered the Renter's fault:

• The use of an expired or invalid bank card or a false bank card;
• the total or partial non-payment of the price of a Subscription or any amount owed for the Service;
• the fact that the Renter provides incorrect information to the Operator
• using the Service in a manner non-compliant with these GCOU;
• the commission of infractions, misdemeanors, or crimes during the use of the Bicycle.

In the event that, after formal notice to the Renter to remedy the observed breach, which has remained unsuccessful within a period of eight (8) days, the Operator will suspend access to the Service until the situation has been remedied by the Renter.

The Renter will remain responsible for paying the Subscription throughout the suspension period and can only continue with the execution of the Subscription subject to having satisfied all due payments.

The Operator reserves the right to entrust the matter to a debt collection agency. All administrative and extrajudicial collection costs will be borne by the user.

The Operator may, at any time, decide to terminate a Subscription or the Service in case of serious fault of a user. In such cases, the termination will be notified to the Renter by email or push message and will take effect within 48 hours.

6.4 Termination due to Operator's Fault

The Renter has the right to directly terminate the Subscription if the Operator has repeatedly and/or seriously breached its obligations described in the GCOU. In such a case, it will be up to the Renter to demonstrate the existence and severity of the breaches committed.

6.5 Termination at the Operator's Discretion

The Operator may, at any time, decide to terminate a Subscription or the Service at its discretion. In such cases, the cancellation will be notified to the Renter by email or push message, with thirty (30) days' notice.

6.6 Consequences of Subscription Termination

6.6.1. Return of the Bicycle

The Renter must return the Bicycle, Battery, and accessories to the Operator no later than the last day of the monthly Subscription period for which the termination has been requested (the "End Date").

If the Renter returns the Bicycle before the End Date, the Renter's rights will terminate on the End Date.

If the Renter does not return the Bicycle to the Operator before the End Date, the Renter will be liable for a fine of fifty (10) euros per day of delay, until the Bicycle is returned to the Operator or the Subscription is reactivated.

After ten (10) days of delay, the Bicycle will be considered lost or stolen by the Renter. A fine of €2000 for bicycle theft will apply.

To return the Bicycle, the Renter follows the cancellation steps in the Application and performs the return inventory. The Renter can then return the locked Bicycle with the Battery to the Station. Please note that the Renter undertakes to return the Bicycle with the Battery charged to the level specified in the Application, in the "Return Conditions" section.

Once the Bicycle has been delivered to a drop-off point, the Renter validates this delivery in the Application. A confirmation email is then sent to the Renter with instructions regarding the return of the Battery Charger.

The Operator will perform an inventory of the Bicycle within twenty-one (21) business days following its return. If repairs unrelated to normal use are found to be necessary, the Operator may, at its discretion, claim the restoration costs of the Bicycle from the Renter. The Renter will have fifteen (15) business days to contest and/or make the payment.

6.6.2. Return of the charger

The Renter must return the charger at the end of the Subscription, by post via a pre-sent delivery note emailed by the Operator. If the Renter cannot return the charger within seven (7) days from the Subscription End Date, the Operator will charge the Renter the value of the external charger, i.e., thirty euros (€30).

ARTICLE 7 - SERVICE OPERATION AREA

The Service Operation Area is the area where the Operator provides technical assistance.

This area is specified in the Frequently Asked Questions section of the Application.

The Renter is free to use their Bicycle outside the Operation Area, subject to compliance with the GCOU. In case of theft or disappearance of the Bicycle outside this area, the Renter will be charged an excess as detailed in Article 8.1. In case of damage to the Bicycle requiring the Operator's assistance, the Renter must return the Bicycle to the operation area at their expense so that technical assistance can take effect.

ARTICLE 8 - LIABILITY AND PENALTIES

8.1 Theft or Disappearance of the Bicycle

8.1.1. In case of theft or disappearance of the Bicycle, the Operator may charge the Renter an excess, the amount of which will vary depending on whether or not the following conditions are met:

(i) Notify the Operator's Customer Service, according to the means provided in Article 1.2, within a maximum period of twenty-four (24) hours following the end of the Authorized Continuous Use Period. In order to allow the Operator to find the Bicycle and thus allow the Renter to limit their liability, it is highly recommended to file a claim as soon as possible and, in any case, within forty-eight (48) hours following the expiration of the Authorized Continuous Use Period, and to send a copy of said claim to Customer Service;

(ii) Lock their Bicycle and Battery through the Application.

8.1.2. Amount of the excess (VAT included) charged to the Customer in case of theft/disappearance.

To prevent incidents such as disappearances, thefts, or damages, the Bicycle must always be locked when parked, even for a very short time. The Renter may add an additional security system, such as a personal anti-theft device.

In no case will the Bicycle's geolocation system exempt the Renter from liability in case of theft.

8.2 Damages

The Renter is responsible for the Bicycle throughout the duration of the Subscription and undertakes to take good care of it. The Renter must perform a Bicycle inventory on the pickup date and a Bicycle inventory on the return date, in accordance with the steps specified in the Application.

Customer Service must be notified within twenty-four (24) hours of any damage caused to the Bicycle by an act of vandalism.

The Renter authorizes the Operator to impose the following penalties in case of damage or vandalism to the Bicycle caused by the Renter:

• a lump sum of one hundred (100) euros for major damage (e.g., deformed wheel);
• a lump sum of fifty (50) euros for minor damage (e.g., damaged mudguard).

Damages resulting from improper use are the civil liability of the user. It is also recommended that the Renter:

• adapt their braking distance in case of bad weather;
• adjust the saddle height to their body shape;
• wear an approved helmet and appropriate clothing.

The Renter is solely and fully responsible for damages suffered by themselves or third parties caused by their use of the Bicycle, particularly with regard to the physical, material, and immaterial consequences of accidents of any kind, throughout the Term of the Subscription, unless their damages are attributable to gross negligence or willful misconduct of the Operator. The legal representatives of any minor subscribed to the Service will be held responsible for any damage caused directly or indirectly by the minor as a result of the Use of the Service.

In case of an accident and/or incident with the Bicycle, the Renter is obliged to communicate the facts as soon as possible to Customer Service. In case of damage caused by the fault (joint) of a third party, the Renter must provide the Operator with the contact details of said third party along with an agreement signed by both Parties describing the damage caused to the Bicycle. The report must be sent to the Operator by email or through the Application.

8.3 Privatization of the Bicycle beyond the Deadline

If the Renter does not return the bicycle to the rental station at the end of the Rental Period, a penalty of fifty (50) euros (€) per day will apply.

8.4 No-Show

If the Renter does not show up for an appointment arranged with the Operator, or is delayed by more than fifteen (15) minutes, a penalty of fifty (50) euros (€) will apply.

8.5 Abusive Complaints

In case of an abusive complaint about the bicycle, the Renter will incur a penalty of fifty (50) euros (€).

8.6 Exclusion of User Liability

The User or, where applicable, their legal representative(s), may be exonerated from liability under common law conditions and, in particular, in case of force majeure, or by providing proof of a third party's act.

ARTICLE 9 - PERSONAL DATA - BLOCTEL SYSTEM

9.1 Personal Data

The Renter's personal data will be processed in accordance with the Operator's privacy policy.

9.2 Information Regarding the Bloctel System

In accordance with the provisions of Article L.223-2 of the French Consumer Code, the Renter is informed of their right to register for free on the "Bloctel" anti-solicitation telephone list on the website https://www.bloctel.gouv.fr/. This registration allows the Renter to avoid being contacted by phone by a professional with whom they do not maintain any contractual relationship.

ARTICLE 10 - DISPUTE RESOLUTION

The GCOU and the relationship between the Renter and the Operator are governed by French law.

In case of a complaint, the Renter may contact Customer Service either using the form provided for this purpose on the Website or by email to mugibike-xl@mugibe.eus. The Renter has a period of three (3) months from the contentious fact to take this step.

10.1 Mediation Clause

The parties will make every effort to find an amicable solution to any difference that may arise between them.

The GCOU and the relationships between the User and the Operator are governed by Spanish law. Any dispute related to the interpretation, execution, or resolution of these GCOU and/or the relationships between the User and the Operator will be under the jurisdiction of the Spanish courts.

10.2 European Consumer Dispute Resolution Platform

Furthermore, the Renter is informed of the existence of the European dispute resolution platform, intended to collect possible claims arising from an online purchase by European consumers and transmit them to the competent national mediators. This platform can be accessed at the following address: https://ec.europa.eu/consumers/odr/.

ARTICLE 11 - APPLICATION AND ENFORCEABILITY OF THE GCOU

These GCOU apply to any use of the Service by a Renter and are available at any time at the following address: mugibike-xl@mugibe.eus as well as in the Application. The Renter undertakes to read and accept the GCOU before subscribing to the Service. The Renter is informed that the mere fact of contracting a Subscription to the Service implies full and unreserved acceptance of all the stipulations set out in these GCOU. The Renter acknowledges having been fully informed of the fact that their compliance with the content of the GCOU does not require the handwritten or electronic signature of a document.

The Operator reserves the right to modify the GCOU at any time. Any modification of the GCOU will be notified to the Renter by email without prior notice. Any modification of the GCOU will be considered accepted by the Renter who has not expressed their disagreement within seven (7) days of being informed by email.

In the event that one of the clauses of the GCOU is declared null, illegal, or unenforceable, in whole or in part, the other clauses will remain in force and will continue to have full effect. In the event that the Service is entrusted to a company other than the Operator, the Renter accepts that these GCOU are automatically transferred to the assignee, whoever it may be.