Updated: December 19, 2023
ZOOV GENERAL TERMS OF USE
Bike Sharing
Between
The service user, hereinafter referred to as “the User”
And
Fifteen, a simplified joint-stock company with share capital of €1,818,793, whose registered office is located at 105 av Jean Jaurès, 69600 OULLINS, FRANCE, registered with the Lyon Trade and Companies Register under number 505 280 727, represented by Mr. Benoît YAMEUNDJEU, in his capacity as Chief Executive Officer,
Hereinafter referred to as “the Operator”,
ARTICLE 1 – PURPOSE
1.1 Purpose
The Zoov service is a self-service electric-assisted bike system offered by Fifteen SAS, which provides the electric-assisted bikes, Stations, and Applications necessary to provide the Service. The purpose of these General Terms of Use of the Service is to define the terms and conditions for making the Service available to individuals for their personal use under the conditions set forth below.
1.2 Customer Service Contact Information
| Website | |
support@zoov.eu |
|
| Address | 77, rue Jean Bleuzen - 92170 VANVES |
| Phone | +33 9 74 99 02 66 (cost of a local call and free service cost) |
Customer Service is open:
8:00 a.m. to 8:00 p.m., Monday through Friday
10:00 a.m. to 1:00 p.m. and 1:30 p.m. to 6:30 p.m. on weekends and public holidays
ARTICLE 2 – DEFINITIONS
Application |
A program that can be downloaded free of charge and run from a smartphone’s operating system (iOS or Android). The Application allows any User to subscribe to the Service, find a nearby Bike or Station, choose a cyclist-friendly route, view the number of miles traveled, contact Customer Service, report an incident, and cancel the service. |
Account |
The customer account created by the User on the Application to allow the User to access the Service. |
GTU |
These General Terms of Use of the Service. |
Authorized Continuous Use Period |
The maximum period of 24 hours of Bike use or maximum pause of 1 hour during the trip, exceeding which results in penalties being applied by the Operator in accordance with the provisions of Article 15. |
Free-floating |
A parking option outside a Station offered to the User in certain areas expressly identified in the Application. |
Party or Parties |
Individually or collectively, the Operator and/or the User.
|
Service Price |
The rate applied based on the duration of the trip, increased, where applicable, by the penalties provided for in Article 8.3. |
Operator |
Fifteen SAS, which operates the Zoov service. |
Service |
The Zoov self-service electric-assisted bike service offered by the Operator. |
Customer Service |
The Operator’s Customer Service, whose contact information is provided in Article 1.2. |
Website |
The website www.zoov.eu, made available to Users and prospective users seeking information about the Service, wishing to contact Customer Service, download the Application, or view the GTU. |
Station |
The parking area for Zoov Bikes equipped with at least one docking point and a parking area marked with paint on the ground, with a capacity of 15 to 20 Bikes. |
Rate |
The price applicable to the Service, expressly communicated through the Application and/or the Website before the Bike is made available. |
User |
Any individual who is at least 18 years old and able to use the Service, or any minor over 14 years old under the conditions set forth in Article 5.2. |
Bike |
The Zoov electric-assisted Bikes used as part of the Service offered by the Operator. |
Service Operating Area |
The geographic area in which the User is entitled to use the Bike and which can be viewed at any time in the Application. |
ARTICLE 3 – SERVICE DESCRIPTION
After creating an Account on the Application, the Service allows the User to borrow a Bike located at a Station under the terms and conditions described below.
The User must download the Application to their smartphone.
The Application allows the User, in particular, to:
identify themselves and access the information in their Account;
view the status of Stations and the location of nearby Bikes;
obtain information relating to the Service;
contact Customer Service;
rent a Bike;
save, modify, or delete their banking information;
view their trip and payment history;
view the GTU.
ARTICLE 4 – RATE, APPLICABLE PRICE, AND PAYMENT TERMS
4.1 Rates – Applicable Price
The applicable Rate is the one displayed in the Application when the User rents a Bike. By agreeing to take the Bike, the User is therefore fully informed of the applicable pricing.
The price applicable to the Service depends on the duration of the trip. It may also be increased by the penalties defined in Article 8.3.
4.2 Payment Terms
The Service Price is charged directly to the payment card entered by the User in the Application.
By entering and then validating their payment card number, the User authorizes the Operator to charge their card for all amounts due for use of the Service in accordance with the GTU.
4.3 Payment Security and Banking Fraud
Payment is made through the partner payment platform operated by Stripe, Inc., which provides a secure, PCI-DSS-certified payment interface. Stripe, Inc. undertakes to maintain this certification, or any equivalent certification, and is responsible for the security of cardholder data that it collects, stores, processes, or transmits on behalf of and for the Account of the Operator.
In accordance with ordinary legal provisions, any fraudulent use of the User’s payment card is governed by the agreement entered into between the User and their banking institution. Consequently, the Operator cannot be held responsible for fraudulent use of the User’s payment card.
4.4 Preauthorization
At the beginning of the trip, Stripe Inc. may place a preauthorization to charge the User’s payment card in order to guarantee payment for the Service.
In certain cases, this preauthorization may temporarily appear on the User’s bank account. It is removed at the end of the trip and replaced by the charge for the Service Price.
4.5 User Obligations
The User certifies that they have the capacity, consent, or authority required to link the payment card to their Account and to be charged for the costs of using the Service on that card.
The User guarantees that the payment card linked to their Account is valid at the time of subscribing to the Service and remains valid until the Bike is effectively returned.
ARTICLE 5 – OBLIGATIONS OF THE PARTIES
5.1 Operator Obligations
The Service is accessible, subject to the availability of Bikes in the area, 7 days a week, 24 hours a day, without interruption, except in cases of force majeure within the meaning of Article 1218 of the Civil Code or a decision by an administrative or judicial authority imposing a total or partial, temporary or permanent restriction on the installation of a Station, the use of one or more Bikes, or bicycle traffic in the area where the Service operates. The Operator will use its best efforts to inform the User in real time of the Service’s availability conditions through the Website or the Application.
5.2 User Obligations
5.2.1 Acceptance of the GTU
USE OF THE SERVICE REQUIRES UNCONDITIONAL ACCEPTANCE OF THESE GTU.
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 IN THESE GTU.
The User acknowledges being fully informed that their agreement to the content of the GTU does not require the handwritten or electronic signature of a document.
5.2.2 Conditions for Access to the Service
Use of the Service is reserved for adults capable of riding a Bike. In particular, the User must not have any contraindication to riding a Bike. They must also be in good health and tall enough to use the Bike safely.
However, the Service is available to minors between 14 and 18 years old. In this case, their legal representative must enter their payment card number in the minor’s Account.
Like any User, a minor over 14 years old must have a personal Account, a telephone number, and an email address. Accounts are strictly personal and allow the User at any time to rent, use, and return a Bike under the conditions described below.
The User is therefore prohibited from lending, renting out, or transferring their Account.
Access to the Service is prohibited to minors under 14 years old, whether accompanied or not.
The User undertakes to comply with all applicable legal and regulatory provisions, particularly the provisions of the Highway Code.
The User must not:
use the Bike on terrain or under conditions likely to damage the Bike, including, without limitation, going down stairs;
transport passengers in any way;
place a load of more than 5 kg in the front basket;
place a total load of more than 120 kg on the Bike;
use the Bike under conditions likely to endanger the User or third parties;
damage all or part of the Bike or a Station;
more generally, make any abnormal use of a Bike.
5.2.3 Account Creation and Updating
To subscribe to and use the Service, the User is invited to create an Account by completing the registration form available on the Application. Their telephone number and email address serve as login credentials. A four-digit secret code will be sent to the telephone number to validate registration and access the Account. Account creation is free of charge.
To use the Service, the User must enter and maintain the details of a valid personal payment card. If necessary, they must update the card details and expiration date directly in their Account.
The User is limited to one Account per individual. The Operator may require supporting documents, such as a copy of an identity document, to validate the creation of the Account.
Creation of the Account will be validated as soon as possible after any verification of the telephone number entered in the Application.
5.2.4 Choice of Login Credentials – Account Security
The User is solely responsible for choosing login credentials that do not infringe third-party rights, particularly regarding identity theft or intellectual property rights, and for maintaining their confidentiality. If login credentials are lost or forgotten, the User must contact Customer Service.
The User undertakes to inform the Operator within a reasonable period of any problem relating to the use or impersonation of their access code.
5.2.4 Access to the Bike
The User may access Bikes only through the Application. The Application must be updated by the User to benefit from all Service features.
To rent a Bike, the User must activate their phone’s geolocation and Bluetooth in order to reserve and rent a Bike.
5.2.5 Conditions for Using the Bike
The User undertakes to make normal, personal use of the Service. Accordingly, the User undertakes to use the Service prudently, diligently, and wisely, and in compliance with these GTU, the Highway Code, and all applicable regulations.
Each rental may not exceed the Authorized Continuous Use Period. In the event of a dispute concerning the duration of the User’s use of the Service, the data provided by the Customer Service computer server will be authoritative. After the Authorized Continuous Use Period, the Bike is considered not returned, and the Operator reserves the right to charge fixed penalties to the User’s bank account in the amount of 100 euros.
In the event of an improper pause lasting more than one hour, the amount is 50 euros.
The User is responsible for the Bike they have rented. They must prevent its deterioration, destruction, or disappearance. Whenever the User stops, they must systematically lock the Bike using the pause feature if leaving it unattended. The User undertakes to rent and return the Bike within the Authorized Continuous Use Period.
The User agrees in advance that any breach of this obligation will entitle the Operator to payment of a fixed penalty, the final amount of which is determined according to the terms and conditions set forth in Article 8.3. If use of a Bike contrary to these GTU is observed, the User undertakes to return the Bike at any time upon the first request of the Operator or its representatives.
The User undertakes to report to Customer Service as soon as possible any loss or theft of the Bike, or any other problem relating to the Bike or use of their access code, and no later than 24 hours after the event occurs. In all cases, the Bike remains the User’s responsibility until it is returned. Users are solely responsible for updating their personal information and for any harmful consequences that may result from failure to communicate any related change. To maintain access to the Service, the User undertakes to maintain a valid payment card throughout use of the Service. If necessary, they must update the card details and expiration date directly in their Account.
5.2.6 Civil Liability Insurance
The User declares that they have taken out and hold valid civil liability insurance covering the consequences of using the Bike.
ARTICLE 6 – TERMINATION OF THE CONTRACT
6.1 Termination of the Contract by the User
The User may terminate the Contract by returning the Bike under the conditions set forth in Article 7.3. The User remains liable for all amounts due for use of the Service, including any applicable penalties.
6.2 Termination Due to User Breach
The following are considered, in particular, breaches by the User:
Use of an expired or invalid payment card;
Partial or total nonpayment of the price of a trip or any amount due for the Zoov service;
Use of the Service that does not comply with these GTU.
The Operator may suspend access to the Service for the breaching User until the situation is resolved, after first formally requiring the User to remedy the breach and the requirement has remained unsuccessful for a reasonable period. The User nevertheless remains liable for trips taken before the suspension.
If the Service is suspended for more than two (2) months, the Operator may terminate the User’s access to the Service and delete the User’s Account.
Notwithstanding any provision to the contrary, and within the limits of applicable law, the Operator reserves the right to suspend an Account automatically and without compensation in the event of (i) vandalism of Bikes or equipment installed at Stations, (ii) repeated disappearance or theft of Bikes rented by the User, or (iii) endangerment of another person’s life.
ARTICLE 7 – SPECIAL CONDITIONS FOR USING THE BIKES
7.1 Procedure for Borrowing a Bike at a Station
When renting a Bike, the User must:
Open the iOS or Android Application on their smartphone
Activate geolocation and Bluetooth if they are not already enabled
Enter their destination address (optional)
Reserve a Bike (optional). The Bike is reserved for a period corresponding to the estimated walking time between the User’s location and the Bike’s location, up to a maximum of 15 minutes.
If applicable, accept the Bike rental, the Rate displayed for that rental, and the parking method indicated in the Application based on the destination by clicking the confirmation button
Go to the reserved Bike by following the Application’s directions
Scan the QR code or manually enter the identification number
The Bike is unlocked through Bluetooth communication between the Bike and the smartphone. If unlocking is successful, the User hears an audible signal.
If the Bike is at a Station, the User must press the left brake to release and use the Bike.
If the Bike is not at a Station, the User may use it directly.
If desired, the User may use the smartphone holder available on the handlebars and the Application to receive directions during the trip. The User is responsible for damage to their smartphone in the event of a fall or improper use of the holder. If the holder is visibly defective, the User must not use it.
7.2 Securing and Keeping the Bike
For the purposes of their trip, the User may pause the rental. In this case, rental time continues to be counted. The “pause” feature only secures the Bike and locks its use for a specific User. Accordingly, the pause is limited to one hour. After this period, the pause is considered improper and the Operator may apply a fixed penalty of 50 (fifty) euros.
The Bike may not be immobilized at a Station during a rental; it must be placed on its kickstand. To lock the Bike outside a Station, the User must press the “Pause” button in the Application. An audible signal indicates that the Bike has been properly locked.
The User may unlock the Bike and resume their trip by following the instructions in the Application.
7.3 Procedure for Returning the Bike to a Station at the End of the Rental
The User must go to the Station by following the route indicated by the Application to return the Bike.
Once at the Station, they must attach their Bike (1) directly to the Station or (2) to a Bike already present at the Station using the two magnets located at the top of the frame below the fork and at the bottom of the frame near the rear hub and, where applicable, to the guide post by inserting the front wheel into the slot.
The User must ensure that their Bike has been properly attached by listening for an audible signal and must click “Finish” to end the trip.
If the operation was successful, the Application displays a thank-you screen and a summary of the amount charged, and allows the User to rate their trip.
If the User sees an error message, the Bike may not have been returned correctly, and they are asked to repeat the Bike drop-off procedure at the Station.
If, after the audible signal, the User still cannot end the trip, they must contact Customer Service as soon as possible.
A Bike is considered returned only when the User sees a message confirming the return of the Bike and thanking them displayed on their cell phone screen.
7.4 Change of Destination During the Rental
If, during the trip, the User decides not to go to the destination indicated when renting the Bike, they may go directly to their new destination without informing the Application.
Once at the new destination, they must click the “Finish” button in the Application.
The Application will then inform the User of the applicable Bike return procedures for the Service Operating Area.
7.5 Request to End a Trip in an Emergency
If the User encounters a problem ending their trip outside Customer Service hours, they may request that their trip be ended.
Outside these hours, the request must be made through the Application by clicking the “Request to end my trip” button. The User must then complete the form explaining the reasons for ending the trip. The Application may ask the User to submit a photo of the Bike. In this situation, the User’s trip will be considered suspended. The final payment will be triggered after validation by Customer Service, including verification that the “end trip” feature was not used improperly. For the avoidance of doubt, an improper end of trip is a request made by a User outside the Service Operating Area, or any end of trip initiated solely by the User for which the Bike has not been returned under the conditions set forth in Article 7.3.
In the event of improper use of this feature, the Operator reserves the right to charge the User penalties in the amount listed in Article 8.3 of these GTU.
7.6 Service Operating Area
In each area, the Service Operating Area is indicated in the Application. The User agrees to end a rental only within the Service Operating Area. If a Bike is abandoned outside the Service Operating Area, the User may be required to pay compensation under the conditions set forth in Article 8.
If the User attempts to return a Bike outside the Service Operating Area, the Application indicates the nearest authorized return location. The User may not return the Bike outside the operating area; the trip is not ended and the Bike remains the User’s responsibility. If the User leaves the Bike there anyway, it is considered abandoned after two hours without movement.
The Service Operating Area is the central part of the operating area indicated in the Application. Within this area, all registered Users may use the Service using the energy available in the battery installed on the Bike.
ARTICLE 8 – LIABILITY AND PENALTIES
8.1 User Liability
The User undertakes to comply with these GTU and to return a Bike in the same condition as when it was rented.
The User declares that they are capable of using a Bike and have the physical condition appropriate for such use, including sufficient height and good health.
Because the Bike is placed under the User’s responsibility, the User is advised, before actually using the Bike, to perform a basic check of its main visible functional components, including, without limitation:
proper attachment of the seat, pedals, and basket;
proper operation of the bell, brakes, and lights;
the general condition of the frame and tires.
Otherwise, the User must report any incident through their Account in the Application and/or to Customer Service.
The User declares that they have taken out and hold valid civil liability insurance covering the consequences of using the Bike. The User is also advised to:
adjust their braking distance in bad weather;
adjust the seat height to suit their body type;
wear an approved helmet and suitable clothing.
The User is solely responsible for damage caused by their use of the Bike throughout the Use Period, including when it exceeds the Authorized Continuous Use Period due to the User’s late return. Parents or legal representatives of any minor registered for the Service will be responsible for any damage caused directly or indirectly by the minor as a result of using the Service.
If the Bike in their care disappears, the User must report the disappearance to Customer Service as soon as possible and no later than 24 hours after the expiration of the Authorized Continuous Use Period. To enable the Operator to locate the Bike and thereby allow the User to limit their liability, the User is strongly advised to file a police report as soon as possible and, in any event, within 48 hours after the expiration of the Authorized Continuous Use Period, and to provide Customer Service with a copy of the report.
In the event of an accident and/or incident involving the Bike, the User must report the facts to Customer Service as soon as possible. The Bike remains the User’s responsibility either until it is locked or, failing that, until Customer Service confirms a request for remote locking.
8.2 Exclusions of User Liability
The User or, where applicable, their legal representative may be released from liability under ordinary legal conditions, particularly in cases of force majeure or by providing evidence of a third party’s actions.
8.3 Penalties
The User authorizes the Operator to charge the following penalties in the event of a breach under the conditions defined below:
Bike theft: €1,000;
disappearance of the Bike without justification from the beginning of the rental: €1,000;
damage sustained by the Bike and attributable to the User: fixed amount of €100 per Bike, plus the purchase cost of replacement parts;
parking the Bike in a private space: €10/hour
parking in an obstructive location, such as the middle of a street, and removal of the Bike to the impound lot: €50 plus impound fees
abandonment of the Bike outside the Service Operating Area: €50 in cities adjacent to the Service Operating Area, €100 beyond that;
improper pause of more than one hour: €50;
abandonment of the Bike near a Station where parking is mandatory and possible: €50;
emergency request to end a trip that does not comply with the conditions: €150
ARTICLE 9 – PERSONAL DATA – BLOCTEL SYSTEM
9.1 Personal Data
The User’s personal data will be processed in accordance with the Operator’s privacy policy.
9.2 Information Regarding the Bloctel System
In accordance with Article L.223-2 of the French Consumer Code, the User is informed of their right to register free of charge on the “Bloctel” telephone solicitation opt-out list on the website https://www.bloctel.gouv.fr/. This registration allows the User not to receive telephone solicitations from a professional with whom they do not have an ongoing contractual relationship.
ARTICLE 10 – DISPUTE RESOLUTION
The GTU and the relationship between the User and the Operator are governed by French law.
In the event of a complaint, the User may contact Customer Service either by using the form provided for this purpose on the Website or by email at support@zoov.eu. The User has three (3) months from the disputed event to take this step.
10.1 Mediation Clause
The Parties will use their best efforts to find an amicable solution to any dispute arising between them.
In accordance with Articles L.612-1 et seq. of the Consumer Code, the Operator guarantees the User the possibility of free recourse, in the event of a dispute that has resulted in a prior written complaint to Customer Service, to a mediation procedure with the Mobilians Mediator, subject to compliance with the admissibility conditions for their case, available at: http://www.mediateur-mobilians.fr/comprendre-la-mediation.htm):
either by mail at Mobilians, 43 bis route de Vaugirard - CS 80016 - 92197 Meudon Cedex;
or by email at: mediateur@mediateur-mobilians.fr;
The solution proposed by the Mediator is not binding on the Parties, which remain free at any time to withdraw from the Mediation process and refer the matter to the competent French courts.
10.2 European Online Dispute Resolution Platform
The User is also informed of the existence of the European dispute resolution platform, intended to collect any complaints arising from an online purchase by European consumers and transmit them to the competent national mediators. This platform is accessible at: https://ec.europa.eu/consumers/odr/.
ARTICLE 11 – APPLICATION, MODIFICATION, AND ENFORCEABILITY OF THE GTU
These GTU apply to all use of the Service by a User and are available at any time at http://www.zoov.eu/ and in the Application.
The Operator reserves the right to modify the GTU at any time. Any amendment to the GTU will be communicated to the User by email at least one (1) month before the date on which the change takes effect. Any amendment to the GTU will be deemed accepted by the User who has not expressed disagreement within seven (7) days after being notified by email.
If any provision of the GTU is declared null, illegal, or unenforceable, in whole or in part, the remaining provisions will remain in force and continue to have full effect. If the Service is entrusted to a company other than the Operator, the User agrees that these GTU will automatically be transferred to the assignee, whoever it may be.