General conditions of use of the Lovélo self-service service

Preamble

These General Terms and Conditions of Use (CGUS) define the conditions under which users can use and access the services provided by the self-service bike rental service called LOVÉLO libre-service. By paying for and using the Service and a Self-Service Bike (VLS), users expressly accept all the conditions set forth in this document.

ARTICLE 1 – PURPOSE OF THE LOVÉLO LIBRE-SERVICE SERVICE

1.1. Definition of the Service

LOVÉLO libre-service is a Service (hereinafter referred to as "the Service") offered by the Métropole Rouen Normandie and operated by the company CityBike Normandie (hereinafter referred to as "the operator"), mandated to provide access to self-service bikes and collect revenues for the Métropole.

1.2. Service Contact Information

• Email: contact@lovelolibreservice.fr
• Website: www.lovelolibreservice.fr

1.3. Operator Contact Information

Company: CityBike Normandie

Address: 37 boulevard Charles De Gaulle, 76140 LE PETIT QUEVILLY

1.4. Definitions

Application: Refers to the downloadable program available for free and executable on a smartphone or tablet operating system (iOS or Android). It allows any user of the Service to find a nearby station, choose a cyclist-friendly route, check the distance traveled, subscribe to the Service, contact Customer Service, and report an incident.

Bicycle Rack: Urban furniture at the VLS Station where bikes can be attached. They serve as attachment points for the bikes. They are recognizable by their raspberry color and the mention "Reserved parking for self-service bikes."

Account: Refers to the user account created by the User on the Application or Website, allowing access to the Service.

CGUS: General Terms and Conditions of Use of the Service

Trip: Refers to a journey made with a Service Bike. A trip is characterized by picking up a bike, starting a journey, and ending it by securely locking the bike to a Bicycle Rack.

Authorized Continuous Usage Duration: Refers to a maximum duration of 24 hours for bike usage. Exceeding this duration will result in penalties imposed by the Operator.

Parties: Refers to the combination of the Operator and the User.

Operator: Refers to the company CITYBIKE NORMANDIE that operates the Service on behalf of the Métropole Rouen Normandie.

Scanner: Refers to reading the QR code on the bike using a smartphone from the application.

Service: Refers to the LOVÉLO libre-service self-service bicycle rental service offered by the Operator.

Website: Refers to the website address provided for Users and prospective customers who wish to obtain information about the Service, create their Account, subscribe to the Service, contact Customer Service, download the application, or review the CGUS.

Station: Refers to the bike parking area equipped with multiple bike racks.

Virtual Station: Refers to a bike parking area not equipped with racks.

Rate: Refers to the price applicable to the Service, which is expressly communicated via the Application and/or the Website at the time of the corresponding order validation.

User: Refers to any natural or legal person capable of using the Service.

Bike: Refers to the mechanical bikes of the Service.

ARTICLE 2. DESCRIPTION OF THE LOVÉLO LIBRE-SERVICE SERVICE

2.1. The Service

The Service consists of stations owned by the Métropole Rouen Normandie ("the Station(s)").

2.2. Stations

There are two types of bike stations:

• (A) "Standard" Stations: The majority of the system deployed in the Métropole.

Equipped with recognizable raspberry-colored arches incorporating the mention "Reserved parking for self-service bicycles." The arches allow the bike to be securely attached to the fixed point using the bike's anti-theft cable, which is fastened to the connected lock located on the rear wheel. The stations may be equipped with an information stand about the Service.

• (B) "Temporary and/or Event" virtual stations: a few units.

These stations have their geographic boundaries defined digitally in the application but may not necessarily have arches or information devices about the Service.

Using the LOVÉLO self-service application, each of the aforementioned station types allows the following actions:

• Bike withdrawal and starting a ride
• Bike return and ending the ride

Stations equipped with arches enhance the security of bike parking by allowing the bike to be attached to the metal arch embedded in the ground. Each arch can accommodate two bikes parked head-to-toe.

Ending a ride is only permitted by parking the Service bikes on the dedicated arches for the Service (raspberry-colored arches). Parking a bike outside of these specific arches at the end of the ride may result in a non-return fee if the authorized continuous usage duration is not respected.

2.3 Service Availability

The Service is available 7 days a week, 24 hours a day, 365 days a year, subject to the availability of bikes and arches at each station, except in cases of force majeure or when the competent authorities impose a total or partial, temporary or permanent restriction on cycling, or in the event of maintenance downtime of the operating system and/or computer system.

The Service cannot be held responsible for any suspension of the LOVÉLO Service due to the aforementioned imperative reasons. In case of service interruption or disruptions, the operator will make every effort to inform the user in real-time about the Service availability conditions via the website or the application.

ARTICLE 3. PRACTICAL ACCESS TERMS TO THE SERVICE

3.1 Creation of the LOVÉLO self-service user account

To access the LOVÉLO self-service, the user must create a LOVELO user account (hereinafter referred to as the "Account") either on the website www.lovelolibreservice.fr (hereinafter referred to as the Site) or on the mobile application (hereinafter referred to as the "Mobile Application") using a mobile phone number, email address, and a confidential personal code.

The LOVÉLO self-service is accessible to any individual (hereinafter referred to as the "user") who meets the following conditions:

• Being over 18 years old at the time of subscribing to the Service
• Being capable of cycling and having no medical contraindications
• Having liability insurance that covers the practice of self-service cycling
• Having paid the access fee and provided all the necessary information for managing the contract

Only one account per individual or legal entity will be issued. The user undertakes to provide accurate information. After creating the Account, the user fills in the various sections with relevant and mandatory personal information.

3.2. Purchase of Subscriptions and Passes

The new user can purchase a subscription or a pass either on the website or on the mobile application.

A. The Medium

When choosing their plan, the user can only access the service through the mobile application.

B. Offered Subscriptions and Passes

The Service can be used through several options:

• 1-day pass: allows the usage of the Service for 24 hours from the start of the first ride.
• 7-day pass: allows the usage of the Service for 7 days from the start of the first ride.
• 1-year subscription: allows the usage of the Service for the subscribed duration, subject to payment.

Subscriptions and passes are strictly personal and linked exclusively to the individual or legal entity indicated as the user during the subscription process.

3.3. Service Availability

Once the user has a valid subscription or pass, they can rent a bike for an unlimited number of rides during the validity period.

The Service is accessible 24/7, without interruption, subject to the availability of bikes in the area, unless in cases of force majeure as defined in 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 station placement, the use of one or more bikes, or cycling in the designated area of the Service. The operator makes its best efforts to inform the user in real-time about the availability conditions of the Service through the website or the application.

For any rental lasting a minimum of 3 minutes, and to prevent bike monopolization, a waiting period of 10 minutes must be observed between two rentals.

Each rental cannot exceed the Authorized Continuous Usage Duration of 24 hours. In the event of a dispute regarding the user's usage duration of the Service, the data provided by the Service client's computer server will be considered valid. Beyond the Authorized Continuous Usage Duration, the bike is considered non-returned, and the operator reserves the right to charge a financial penalty to the user's bank account for non-return of the bike, the amount of which is defined in Article 9.

3.4. Borrowing a Bike at a Station

Once the subscription or pass is successfully subscribed, the user can access a bike using the mobile application.

By scanning the QR code of a bike available at the station, and provided they have a valid subscription or pass, the user unlocks the lock that secures the rear wheel and, in doing so, releases the cable that secured the bike to the station. The ride begins once the lock has been opened. In case of QR code scanning malfunction, it is possible to unlock the bike lock by entering the bike number in the application.

3.5. Temporary Pause during a Trip or Ride

It is possible to temporarily lock the bike during the rental. The user is informed that in this case, the rental time continues to be counted and therefore billed.

With the mobile application: To lock the bike outside of a station while the ride is ongoing, the user presses the pause function in the application. They are then prompted to manually lock the lock securing the rear wheel after securing the bike by looping the lock around a fixed point. The application confirms that the bike has been successfully locked, and the ride status switches to pause mode. The user is encouraged to take a photo as evidence of the bike's securement during the pause. This act will serve, if necessary, to justify non-responsibility in case of theft or vandalism.

To unlock the bike and resume the ride, the user scans the QR code of the bike and indicates through their smartphone that they are resuming the trip. The lock then automatically opens, releasing the cable and allowing the ride to continue.

3.6. Return procedures at the end of a trip with a bicycle

It is impossible for the user to end a trip outside the perimeter of a physical or virtual station. Once the user has arrived at their destination station, they can end their ride by indicating it in the application using the provided functionality.

Upon pressing this button, a window opens in the application to remind the user that they must then pass the cable around one of the available hoops on the station, manually lock the lock by securing the loop located at the end of the anti-theft cable. The user is encouraged to take a photo to confirm the proper securing of the bicycle during the break. This action will serve as evidence of non-responsibility in case of theft or vandalism.

Once the lock is recognized as secured, the ride is finished. The application confirms this information and displays some details about the completed ride: duration, distance, and any applicable cost.

Reporting technical issues with the bicycle during the ride At the end of their trip, the user has the option to report any issues with the bicycle or the station through the application.

ARTICLE 4. PRICING AND PAYMENT TERMS

The applicable rates are those in force following the deliberation of the Metropolitan Council. They are specified on the Website and the Application and are displayed at the time of the User's subscription to the Service. They are expressed including taxes (TTC).

During prefectural procedures for information-recommendation or alerting about episodes of air pollution, and throughout the duration of these episodes, the prices of 1-day passes as well as the prices of one-hour trips will be free.

4.1. Service Cost

• The cost of accessing the Service subscribed by the user, which varies depending on the type of subscription or pass subscribed.
• The usage cost, which varies depending on the type of subscription or pass subscribed and the duration of Service usage.

Each trip can be viewed in the "My Account" section available on the website and the application.

The fare is directly charged to the user's credit card based on the duration of the trip. Any fraction of a minute is payable.

The user acknowledges and accepts that the applicable fares may be modified during their subscription or pass. This principle applies in the case of fare revisions. The user will be notified through all the Service's channels in case of fare revision.

In the event of a modification in the usage cost, this modification will automatically apply to ongoing subscriptions and passes.

In the event of a modification in the access cost to the Service, the user will have a period of 15 days from the notification of the new fares to cancel their one-year subscription. Otherwise, the new pricing will be applied at the next due date.

4.2. Service Payment

The billing of the Service is based on the subscriptions, passes, and trips actually taken. The billing will be done as follows:

• An on-demand billing for subscribing to a subscription or pass.
• A cumulative billing for trip costs.

For security reasons, certain types of credit cards may be temporarily or permanently unusable on the Service.

The payment of the Service is made by credit card, for which the user has provided the details during the creation of their account or as part of any update of their banking information.

By entering their credit card numbers, the user gives the operator permission to debit their credit card for all amounts owed by the user in accordance with these Terms and Conditions. The user acknowledges and declares:

• That the credit card associated with their account and its details are valid and remain valid.
• That they have the capacity, consent, or necessary authority to associate this credit card with their account and be debited.

At the beginning of the trip, the payment platform chosen by the operator proceeds with a pre-authorization to debit the user's credit card to guarantee payment of the Service.

In certain cases depending on the user's bank, this pre-authorization may temporarily appear on the user's bank account; said pre-authorization is removed at the end of the trip to make way for the final charge.

4.3. Payment Security

For each subscription or pass, a pre-authorization is made to debit the user's credit card in order to ensure the proper use of the Service, for an amount of €15. In certain cases, depending on the user's bank, this pre-authorization may temporarily appear on the user's bank account; said pre-authorization is removed at the end of the trip to make way for the final charge.

The operator uses the services of a specialized payment platform to secure online payments made by credit card. Payments are made through a secure and PCI-DSS certified payment interface. The payment platform commits to maintaining this certification (or any equivalent certification, regardless of its future denomination) and is responsible for the security of the data of cardholders that they collect or store, process, or transmit on behalf of the operator. The user is informed that the provisions relating to the possible fraudulent use of their credit card are those resulting from the agreement with their bank. The operator cannot be held responsible in any case for the fraudulent use of a user's means of payment.

4.4. Withdrawal and Termination

In the case of distance subscription, the user has the right to withdraw from the contract within 14 calendar days from the date of concluding their one-year subscription, without the need to provide justification or pay penalties. The starting point for this period is considered the receipt of the subscription confirmation, and the burden of proof of sending and its date lies with the user.

In this case, the user informs the operator of their decision to withdraw before the expiration of the aforementioned period by means of an unambiguous declaration expressing their intention to withdraw, either by email or by postal mail with acknowledgment of receipt, sent to the operator's address.

If the service has not started at the time the user exercises their right to withdraw, the user will be fully reimbursed for the amounts paid. If the service has already begun before the expiration of the withdrawal period, a prorated refund will be made for the remaining number of days in the annual subscription until the subscription's expiration date. The days that have already passed during the subscription, as well as any travel costs or non-restitution indemnities, will still be owed.

Termination can occur at the operator's initiative in the following cases:

• Fraud in the subscription or account application, false declaration, falsification of supporting documents.
• Fraudulent use of the service.
• Non-compliance with the present terms and conditions.

Termination initiated by the operator in these cases does not exempt the possibility of legal proceedings, including criminal charges. Termination initiated by the operator does not entitle the user to any reimbursement. For users whose subscription, pass, and account are terminated by registered mail with acknowledgment of receipt or by email, the termination will take effect after a period of 3 calendar days from the date of receipt of the registered mail or email.

ARTICLE 5. MODIFICATION, RENEWAL, TERMINATION, AND END OF SUBSCRIPTION OR PASS

5.1. Termination by the User

The subscription or pass cannot be modified or terminated, except in the case of a legitimate reason for modification or termination: death, loss of employment, change of professional or personal domicile outside the territorial jurisdiction, long-term hospitalization, physical incapacity with a medical certificate justifying the inability to use the bicycle.

Within 14 calendar days, and based on the aforementioned legitimate reasons, the user informs the operator of their decision to terminate before the expiration of their subscription by sending a written notice and supporting documentation via email or postal mail with proof of receipt to the operator's address.

Only a pro-rata refund of the annual subscriptions will be made based on the remaining duration of the subscription before the end of the contract, provided that any started month is due. This right of termination can be exercised without penalties. In case of exercising this right, the operator will refund the user via bank transfer within a maximum of one hundred and eighty (180) calendar days following the date on which this right was exercised.

In the event of a change in the Service's rates, the user will have a period of 15 days from the notification of the new rates to terminate their annual subscription. Otherwise, the new pricing will be applied at the next due date.

5.2. Termination for User's Fault

The subscription or pass will be terminated by the operator in the event of the user's fault under the following conditions:

• Partial or total non-payment of the price of a ride or any amount due for the Service after a formal notice.
• Use of the Service that is not in accordance with these General Conditions of Use (CGUS).

In case of non-payment, the operator issues a formal notice to the user to settle their account financially within a period of 14 days. During this formal notice, the account is suspended without access to the Service. If, at the end of the formal notice, the user has not remedied the identified breach, the operator terminates the user's contract. The user will not be able to subscribe to the Service for a period of 2 years.

During the formal notice, the user will no longer have access to the Service.

For any violation of the CGUS, the operator reserves the right to terminate the user's subscription or pass without notice and without refunding the subscription or pass. The user will be responsible for the costs of the rides taken until the date of termination.

5.3. End of Subscription or Pass

The user is notified by email, SMS, or notification of the end of their subscription or pass. Upon the expiration of this contract, the user will no longer have access to the Service. The subscription or pass is not automatically renewed.

5.4. Renewal of a Subscription or Pass

The renewal of a subscription or pass to the Service is initiated by the user from their account.

ARTICLE 6. USER'S OBLIGATIONS

The user agrees to use the Service in a normal manner. In this regard, the user undertakes to use the Service with care, diligence, and prudence, in compliance with these General Terms and Conditions of Use (CGUS), the Highway Code, and any applicable regulations.

The user is responsible for the rented bicycle while in their possession. They are liable for any damage, destruction, or loss of the bicycle. The user must systematically lock the bicycle using the pause function whenever they stop outside a station and leave the bicycle unattended.

The user acknowledges in advance that any failure to comply with these obligations will entitle the operator to impose a fixed penalty, the final amount of which is determined according to the terms and conditions specified in Article 9, Non-Return Compensation. In the event of non-compliance with the provisions of these CGUS regarding bicycle use, the user undertakes to return the bicycle at any time upon the operator's or their representatives' first request.

The user agrees to promptly report to the customer service any loss or theft of the bicycle, or any other problem related to the bicycle, the use of their access code, within a maximum of 24 hours from the occurrence of the event. The bicycle remains the user's responsibility until it is returned. Users are solely responsible for keeping their personal information up to date, and they shall bear any detrimental consequences resulting from the failure to communicate any relevant changes. In order to maintain access to the Service, the user undertakes to keep a valid credit card during the duration of their use of the Service. They are obliged to update the card details and validity directly in their account.

ARTICLE 7. RESTRICTIONS ON SERVICE USE

7.1. General Restrictions

The user is prohibited from lending, renting, or transferring their account or bicycle to others.

The user is authorized to use the bicycle in accordance with the terms of these CGUS, which specifically exclude:

• Any use contrary to the provisions of applicable road regulations, particularly the Highway Code.
• Any use on terrain or under conditions likely to damage the bicycle.
• Transporting any passenger in any way.
• Carrying a load in the front basket exceeding 10 kg.
• Any use of the bicycle that may endanger the user or others.
• Disassembling or attempting to disassemble the bicycle, in whole or in part.
• Generally, any abnormal use of a bicycle.

The bicycle cannot bear a total load exceeding 120 kg.

The operator reserves the right to suspend the user's account access without compensation if it is found that the user fails to comply with the conditions stipulated in this article, particularly in cases of theft, vandalism, or endangering others.

ARTICLE 8. USER'S LIABILITY AND DECLARATIONS

The user declares that they are capable of using a bicycle and have the appropriate physical condition for such use (sufficient height, good health, etc.).

Since the bicycle is under the user's responsibility, it is recommended that they perform a basic check of its main visible functional elements before using the bicycle, including (but not limited to):

• Ensuring the seat, pedals, and basket are properly secured.
• Verifying the proper functioning of the bell, brakes, and lights.
• Checking the general condition of the frame and tires.

If any issues are found, the user must report them via their account on the application and/or to customer service. They can then borrow a second bicycle after returning the problematic bicycle to a station.

The user declares that they have obtained and hold valid liability insurance that covers the consequences of using the bicycle. It is also recommended that the user:

• Adjust their braking distance in case of bad weather conditions.
• Adjust the seat height to fit their morphology.
• Wear an approved helmet and appropriate clothing.

If desired, the user can use the smartphone holder available on the handlebar and the application to be guided on their route. The user is responsible for any damage caused to their smartphone in the event of a fall or improper use of the holder. If the holder is visibly defective, the user is required not to use it.

The user is solely and fully responsible for any damages caused by the use of the bike throughout the duration of use, including when it exceeds the Authorized Continuous Use Duration in the case of late return by the user.

Any non-return beyond 24 hours is considered as a case of bike disappearance without justification until it is found, and this may result in penalties as defined in Article 9, Non-Return Compensation.

If the disappearance of the bike is the user's responsibility, they are obligated to report the disappearance to Customer Service within 24 hours of the initial borrowing, and this may result in penalties as defined in Article 9, Non-Return Compensation.

If the disappearance of the bike is not the user's responsibility, they are obligated to report the disappearance to Customer Service within 24 hours of the initial borrowing and to file a theft complaint with the Police Services within 48 hours, providing Customer Service with a copy of said complaint.

In the event of an accident and/or incident involving the bike, the user is obligated to report the facts to Customer Service as soon as possible. The bike remains under their responsibility until it is locked or, in the absence of that, until confirmation of a remote locking request is received by Customer Service.

ARTICLE 9. INDEMNITY FOR NON-RETURN OR DAMAGE

The user agrees to comply with these General Terms and Conditions (CGUS) and to return the borrowed bicycle in the same condition as at the start of the rental. The user authorizes the operator to request the payment of a non-return indemnity in the amount of €200 in the event of a breach under the conditions defined below:

• Theft of the bicycle without providing photographic evidence of proper securing of the bicycle
• Non-return or disappearance of the bicycle without justification after the authorized continuous period of use has ended
• Significant damage to the bicycle caused by the user

ARTICLE 10. PERSONAL DATA

The user's personal data will be processed in accordance with the operator's privacy policy. They can be accessed and corrected by contacting the operator.

ARTICLE 11. DISPUTE RESOLUTION AND COMPLAINTS

The CGUS and the relationship between the User and the Operator are subject to French law. In the event of a complaint, the User can contact the Customer Service either by using the dedicated form on the website or by email at the following address: contact@lovelolibreservice.fr. The User has one month from the disputed event to initiate this process.

The Parties will make their best efforts to find an amicable solution to any dispute that arises between them.

In accordance with Article L. 612-1 of the French Consumer Code, the Operator guarantees the User the possibility to resort, in case of a dispute that has given rise to a prior written complaint to the Customer Service, to a conventional mediation procedure or any other alternative method of dispute resolution.

In the absence of an amicable resolution, any dispute regarding the interpretation, performance, or termination of these CGUS and/or the relationship between the User and the Operator shall be within the jurisdiction of the competent French courts, regardless of the plurality of defendants and/or third-party claims, even in cases of emergency procedures, interim measures, or summary proceedings.

ARTICLE 12. APPLICATION AND ENFORCEABILITY OF TERMS AND CONDITIONS

These Terms and Conditions of Use (CGUS) apply to any use of the Service by a user and are available at all times at the following address: www.lovelolibreservice.fr.

The user agrees to review and accept the CGUS prior to the first use of the Service and the downloading of the application. The user is informed that simply using the Service implies full acceptance, without reservation, of all the provisions set forth in these CGUS. The user acknowledges being fully aware that their agreement regarding the content of the CGUS does not require the handwritten or electronic signature of a document. The operator reserves the right to modify the CGUS at any time, without prior notice, provided that such modifications will only apply to subscriptions and uses made after these modifications. The operator's failure to invoke any provision of these CGUS at a given time shall not be interpreted as a waiver to invoke it at a later time.

In the event that any provision of the CGUS is declared null, illegal, or unenforceable, in whole or in part, the other provisions shall remain in effect and continue to have full force. In the event that the Service is entrusted to a company other than the operator, the user agrees that these CGUS will be automatically transferred to the assignee, whoever it may be.