GENERAL TERMS AND CONDITIONS OF USE OF THE LOVÉLO libre-service

Preamble

These General Terms of Use of the Service (GTUS) define the conditions under which users may access and use the services provided by the self-service bicycle rental system known as LOVÉLO libre-service. The act of paying for and using the Service and a Self-Service Bicycle (SSB) constitutes express acceptance of all the terms contained in this document.

ARTICLE 1 – PURPOSE OF THE LOVÉLO libre-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"), which has been authorized to manage access to self-service bicycles and collect the Service revenues on behalf of the Métropole.

1.2. Service Contact Information

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

1.3. Operator Contact Information

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

1.4. Definitions

Subscription or "Pass": The access fee for the service for a period of 1 day, 7 days, or one year. This access fee does not cover any additional charges for trips lasting more than 30 minutes.

Application: Refers to the free downloadable software executable on a smartphone or tablet operating under iOS or Android. It allows any Service User to locate nearby stations, choose a cyclist-friendly route, check kilometers traveled, subscribe to the Service, contact Customer Service, or report an incident.

Bike Rack: Urban furniture at an SSB Station where bikes are secured. These racks are the attachment points for the bicycles. They are identifiable by their raspberry-pink color and the label “Parking reserved for self-service bicycles”.

Temporary or Mobile Rack: Urban furniture used in SSB stations to attach bicycles. These are brushed aluminum collective racks that can hold 4 to 6 bikes. They are used in case of construction works or to test new locations.

Lock or Smart Lock: A device installed on the rear wheel of the bike that allows users to rent and secure the bicycles.

Account: Refers to the user's client account created on the Application or the Website, which grants access to the Service.

GTUS: General Terms of Use of the Service.

Trip: A journey made using a bike from the Service. A Trip involves unlocking a bike, starting a ride, and ending it by securing the bike to a Rack.

Trip Completion: At a LOVÉLO libre-service station, a trip is completed through the application by clicking on the “End trip here” button, then looping the anti-theft cable (located near the smart lock) around a raspberry-pink rack, inserting the cable loop into the smart lock’s metal rod, and manually locking it (by lowering the metal rod to block the rear wheel and secure the bike to the rack). A double "beep" sound confirms the bike is locked, and the trip is marked as completed in the app.

Authorized Continuous Use Duration: Refers to the maximum allowed usage time of 8 hours for a bicycle. Exceeding this time will result in penalties applied by the Operator.

Parties: Refers to the collective group consisting of the Operator and the User.

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

QR Code #1: The “Quick Response Code” (unique for each bike), located on the smart lock, used to unlock the bike at the start of a trip.

QR Code #2: Located on the rear wheel cover (also known as the "skirt"), it allows new users to download the application to create an account and access the service.

Scan: Reading the QR code on the bike using a smartphone via the application.

Service: Refers to the LOVÉLO libre-service mechanical self-service bike rental system operated by the Operator.

Website: Refers to the online platform available to Users and prospective customers wishing to obtain information about the Service, create an Account, subscribe, contact Customer Service, download the app, or view the GTUS.

Station: Bike parking area equipped with multiple bike racks.

Virtual Station: A designated bike parking area not equipped with racks.

Fare: The price applied to the Service, explicitly communicated via the Application and/or Website at the time the corresponding order is confirmed.

User: Refers to any natural or legal person authorized to use the Service.

Bike: Refers to the mechanical bicycles provided as part of the Service.

ARTICLE 2. DESCRIPTION OF THE LOVÉLO libre-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 racks identifiable by their raspberry color and marked with the phrase “Parking reserved for self-service bikes.” The racks allow the bike to be locked to a fixed point to reduce the risk of vandalism. Practically, the end of a ride is done through the app by clicking on the button “End trip here,” then unfolding and passing the flexible anti-theft cable (located near the “connected lock”) around a raspberry-colored rack, inserting the loop of the anti-theft cable into the metal rod of the bike’s lock (“connected lock”), and finishing by locking it manually (by lowering the metal rod which blocks the rear wheel while firmly attaching the bike to the rack). A double “beep” sound confirms the locking of the bike’s lock, while the end of the ride is confirmed by the app. Stations may include an information stand about the Service.

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

Some units may be created on the occasion of a major cultural, sports, or other event.
Stations whose geographic limits are digitally displayed in the app, with or without temporary racks.

Using the LOVÉLO self-service app, both types of stations allow the following actions:

• Withdrawal of bikes and start of a ride
• Return of bikes and end of the ride

Stations equipped with racks increase bike parking security by allowing the bike to be attached to the metal rack anchored to the ground; it is possible and recommended to park 2 bikes nose-to-tail on each rack.

Ending a ride is only allowed by parking the Service bikes on the racks dedicated to the Service (raspberry-colored racks). Parking a bike outside these specific racks at the end of a ride may result in a non-return penalty.

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 racks at each station, except in cases of force majeure or if the competent authorities impose total or partial, temporary or permanent restrictions on cycling traffic, or in the event of maintenance downtime of the operating system and/or the IT system.

The Service cannot be held liable for any suspension of the LOVÉLO Service due to any of the above reasons. In case of service stoppage or disruptions, the operator will do its best to inform users in real time about the Service’s availability via the website and the app.

ARTICLE 3. PRACTICAL TERMS OF ACCESS TO THE SERVICE

3.1 Creation of the LOVÉLO libre-service User Account

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

The LOVÉLO libre-service is accessibleto anyone (“user”) meeting all of the following conditions:

• Be over 18 years old at the time of subscription to the Service;
• Be physically able to ride a bike and have no medical contraindications;
• Be covered by civil liability insurance that covers bike use in self-service mode;
• Have paid the required access fee and provided all necessary information for contract management.

Only one account may be issued per individual or legal entity. The user agrees that the information provided is accurate.

After creating the Account, the user must complete the required personal information fields.

3.2. Purchase of Subscriptions and Passes

New users can purchase a subscription or pass either on the website or on the mobile app.

A. The Medium

When choosing their plan, users can only access the service through the mobile app.

B. Offered Subscriptions and Passes

The Service can be used with several options:

• 1-day Pass: allows use of the Service for 24 hours from the start of the first ride. This access cost does not cover additional charges for rides longer than 30 minutes.
• 7-day Pass: allows use of the Service for 7 days from the start of the first ride. This access cost does not cover additional charges for rides longer than 30 minutes.
• 1-year subscription: Allows access to the Service for the subscribed duration, subject to payment. This access fee does not cover additional costs for rides exceeding 30 minutes.

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

3.3. Service Availability

As long as the user has a valid subscription or pass, they may rent a bike an unlimited number of times during its validity period.
The Service is available 24/7, 7 days a week, without interruption, subject to bike availability in the area, except in cases of vandalism or force majeure as defined in Article 1218 of the French Civil Code, or by decision of an administrative or judicial authority imposing a total or partial, temporary or permanent restriction on a station's operation, on the use of one or more bikes, or on cycling within the service area.
The operator is obligated to make reasonable efforts to inform users in real time about the Service availability via the website and/or mobile app.

For any rental lasting at least 5 minutes, and to prevent monopolization of a bike, a 5-minute waiting period must be observed between two rentals.
Each rental must not exceed the Authorized Continuous Usage Time of 8 hours. In case of a dispute regarding the usage duration, the data recorded by the Service's customer support server shall prevail.
If the rental exceeds the authorized time, the bike is considered not returned, and the operator reserves the right to charge a financial penalty to the user’s bank account for non-return of the bike, as defined in Article 9.

3.4. How to Rent a Bike at a Station

Once a subscription or pass is validated, the user can access a bike via the mobile app.

By scanning QR code no. 1 located on the lock or smart shackle of a bike at a station, and provided their subscription/pass is valid, the user unlocks the rear wheel lock, thereby releasing the cable securing the bike to the station.

The ride begins as soon as the lock is opened.
If the QR code does not work, the bike lock can also be unlocked by tapping the arrow next to the bike number in the app. This option should only be used when the user is physically present at the station and directly in front of the desired bike.

• Temporary Locking (Pause) During a Ride

Users can temporarily lock the bike during a rental using the mobile app. However, the rental time continues to be counted—and billed—during the pause.
It is not possible to temporarily lock a bike within the boundaries of a bike-sharing station.

Instructions:
To temporarily lock a bike outside a station during a ride, the user presses the “Pause” function in the app. They are then prompted to manually lock the rear wheel by securing the bike with the lock cable around a fixed object and inserting the cable loop into the smart shackle. They must finish by manually lowering the metal rod to lock the rear wheel while securing the bike to a structure. A double "beep" sound confirms the lock.
The user is then invited to take a photo to prove the bike has been securely locked during the pause. This photo can serve as proof of non-liability in the event of theft or vandalism.

To unlock the bike and resume the ride, the user presses the “Unlock” button in the app. The lock then opens automatically, releasing the cable and allowing the ride to continue.

3.5. Returning a Bike at the End of a Ride

It is impossible for the user to end a trip outside the boundaries of a physical or virtual station.

Once at the destination station, the user can end their ride by selecting “End Ride Here” in the app.
After tapping this button, a window will pop up reminding them to loop the lock cable around one of the raspberry-colored racks at the station, then insert the cable loop into the metal rod of the bike’s smart shackle, and manually lower the rod to lock the rear wheel and secure the bike to the rack.
The user is again prompted to take a photo to prove the bike was properly secured. This photo may be used to demonstrate non-responsibility in case of theft or vandalism.

Once the lock is recognized as closed, the ride is considered complete. The app confirms this and displays details such as ride duration, distance, and any applicable charges.

Returning a bike outside of a designated station that results in the bike being immobilized may incur a fixed penalty. The operator reserves the right to charge a flat fee of €15 for bike retrieval by a staff member.

3.6. Reporting a Technical Issue During the Ride

At the end of the ride, the user can report a problem with the bike directly through the app. Reports can also be submitted to customer service.

ARTICLE 4. PRICING AND PAYMENT TERMS

The applicable rates are those adopted by resolution of the Metropolitan Council. They are available on the website and the app, and are displayed at the time of Service subscription by the user. Prices are listed inclusive of VAT.

4.1. Service Cost

There are two cumulative costs according to the pricing table above:

• The access cost to the Service subscribed by the user, which varies depending on the type of Subscription or pass selected;
• The usage cost, which varies depending on the duration of use of the Service.

Each trip can be viewed in the user account area under the "Trip History" section, available on the website and mobile application.

The fare is charged directly to the user's bank card based on the duration of the trip. Beyond the first thirty minutes, any additional thirty-minute period is fully charged.

The user acknowledges and accepts that the applicable tariffs may be modified during the term of their subscription or pass. This principle applies in the event of a tariff revision. The user will be notified across all Service platforms in the event of a pricing change.

If the usage cost is modified, this change will automatically apply to ongoing subscriptions and passes.

If the access cost to the Service is modified, the user will have a period of 15 days from the notification of the new pricing to cancel their annual subscription. Otherwise, the new pricing will apply at the next renewal date.

4.2. Service Payment

Billing for the Service is based on subscriptions, passes, and trips actually taken. Charges will be applied as follows:

• One-off billing for the purchase of a subscription or pass
• Cumulative billing for trip costs

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

Payment for the Service is made by bank card, the details of which the user will have provided when creating their account or during any update of their banking information.

By entering their bank card details, the user grants the operator authorization to debit their bank card for any amounts due in accordance with these Terms of Use. The user acknowledges and declares that:

• The bank card associated with their account and the provided details are and will remain valid;
• They have the authority, consent, or legal power to associate this bank card with their account and to authorize debits.

At the start of a trip, the payment platform selected by the operator performs a pre-authorization to debit the user's bank card to guarantee payment for the Service.

In some cases, depending on the user's bank, this pre-authorization may temporarily appear on the user’s bank account; it will be removed at the end of the trip and replaced by the final charge.

4.3. Payment Security

For each subscription or pass, a pre-authorization to debit the user’s bank card for an amount of €0 will be carried out to ensure proper use of the Service. In some cases, depending on the user's bank, this pre-authorization may temporarily appear on their bank account; it will be removed at the end of the trip and replaced by the final charge.

The operator uses the services of a specialized payment platform to secure online payments made by bank card. Payments are made via a secure payment interface certified PCI-DSS. The payment platform commits to maintaining this certification (or any equivalent certification, regardless of its future name) and is responsible for the security of cardholder data it collects, stores, processes, or transmits on behalf of the operator.

The user is informed that the provisions regarding potential fraudulent use of their bank card are those set out in the agreement with their banking institution. The operator cannot, under any circumstances, be held liable in case of fraudulent use of a user's payment method.

4.4. Withdrawal and Termination

In the case of a remote subscription, the user has the right, without having to justify themselves or pay any penalties, to exercise their right of withdrawal from the contract within a period of 14 calendar days from the date the one-year subscription is concluded, considered to be the date of receipt of the subscription confirmation. The burden of proof of sending and the date thereof lies with the user.

In this case, the user must inform the operator of their decision to withdraw before the expiry of the aforementioned period, via a clear and unambiguous statement expressing their intention to withdraw, either by email or by registered 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 of withdrawal, the user will be fully refunded any amounts paid. If the Service has already started before the withdrawal period expires, the user will be refunded on a pro rata temporis basis for the remaining days of the annual subscription until its expiry date. The days already used in the subscription, as well as any potential travel costs or compensation for non-return, remain payable.

Termination may be initiated by the operator in any of the following cases:

• Fraud in the creation of the subscription or account file, false statements, forgery of supporting documents,
• Fraudulent use of the Service,
• Violation of these Terms and Conditions of Use of the Service (CGUS).

Termination by the operator in these cases does not preclude the initiation of legal proceedings, including criminal prosecution. Termination by the operator does not entitle the user to any refund. The subscription or pass, as well as the user account, may be terminated via registered mail with acknowledgment of receipt or by email. Termination becomes effective three (3) calendar days after receipt of the registered letter 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 legitimate reasons such as:

• death,
• loss of employment,
• change of professional or personal residence outside the service area,
• long-term hospitalization,
• physical incapacity (supported by a medical certificate proving the inability to use a bicycle).

Within 14 calendar days, and under the aforementioned legitimate circumstances, the user must inform the operator of their decision to terminate the subscription before its expiry by sending written notice along with supporting documentation, either by email or by registered mail with acknowledgment of receipt to the operator’s address.

Only annual subscriptions are eligible for a refund, which will be calculated on a pro rata temporis basis for the unused portion of the subscription before the contract ends, with the understanding that any month that has already started is due. This right of termination is exercised without penalties. If exercised, the operator will issue a refund by bank transfer to the user’s bank account within a maximum of one hundred and eighty (180) calendar days from the date the right was exercised.

In the event of a price change for the Service, the user will have 15 days from the date of notification of the new prices to cancel their annual subscription. If no cancellation is made, the new pricing will apply at the next renewal.

5.2. Termination for User Breach

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

• Full or partial non-payment of the fare or any amount due for the Service after a formal notice.
• Use of the Service in violation of these Terms and Conditions of Use and Subscription (CGUS).

In case of non-payment, the operator will issue a formal notice to the user, requesting payment within 14 days. During this period, the account will be suspended with no access to the Service. If the user fails to resolve the issue by the end of the formal notice period, the operator will terminate the user’s contract. The user will then be barred from subscribing to the Service for a period of 2 years.

During the formal notice period, the user will not have access to the Service.

For any breach of the CGUS, the operator reserves the right to terminate the user’s subscription or pass without prior notice and without refund. The user will remain responsible for the costs of any trips made up until the date of termination.

5.3. End of Subscription or Pass

The user will be notified by SMS or app notification when their subscription or pass ends. At the end of the 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 through their account.

ARTICLE 6. USER OBLIGATIONS

The user agrees to make normal use of the Service. As such, the user commits to using the Service carefully, diligently, and responsibly, and in compliance with these CGUS, the Highway Code, and all applicable regulations.

The user is responsible for the bicycle they rent. They are liable for any damage, destruction, or loss. The bicycle must always be locked using the pause feature in the app whenever the user stops outside a station and leaves the bicycle unsupervised.

The user accepts in advance that any failure to meet these obligations may result in a flat-rate penalty, the amount of which is defined under Article 9 – Non-return Compensation. If a bicycle is used in breach of these CGUS, the user agrees to return it at any time upon request by the operator or its representatives.

The user must report any loss or theft of the bicycle, or any other issue related to the bicycle or access code, to Customer Service as soon as possible and within 24 hours of the incident. The bicycle remains the user's responsibility until it is returned. Users are solely responsible for keeping their personal information up to date and for any consequences arising from failure to do so. To maintain access to the Service, the user agrees to keep a valid payment card on file throughout the usage period. They must update card details and expiry dates directly in their account.

ARTICLE 7. RESTRICTIONS ON USE OF THE SERVICE

7.1. General Restrictions

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

The user may use the bicycle only under the terms set out in these CGUS, which specifically excludes:

• Any use that violates traffic laws or road regulations, particularly the Highway Code;
• Use on terrains or in conditions that could damage the bicycle;
• Transporting passengers in any way;
• Carrying loads over 10 kg in the front basket;
• Any use that could endanger the user or others;
• Any disassembly or attempted disassembly of any part of the bicycle;
• More generally, any abnormal use of the bicycle.

The bicycle cannot support a total load exceeding 120 kg.

The operator reserves the right to suspend the user's account without notice or compensation if it is found that the user has violated these terms, particularly in cases of theft, vandalism, or endangerment of others.

ARTICLE 8. USER RESPONSIBILITY AND DECLARATIONS

The user declares they are capable of riding a bicycle and physically fit for its use (sufficient height, good health, etc.). The bicycle is under the user's responsibility, and they are advised to check the following before use (non-exhaustive list):

• Proper attachment of the saddle, pedals, and basket;
• Functionality of the bell, brakes, and lights;
• General condition of the frame and tires.

If not, the user must report any issues via the app or Customer Service. They may then take another bicycle after returning the faulty one to a station.

The user declares that they hold a valid liability insurance policy covering any consequences of using the bicycle. Additionally, it is recommended that users:

• Increase braking distance in case of bad weather;
• Adjust the saddle height to their morphology;
• Wear an approved helmet and appropriate clothing.

If desired, the user may use the smartphone holder on the handlebars and the app for navigation. The user is responsible for any damage to their phone in case of a fall or improper use of the holder. If the holder is visibly damaged, the user must not use it.

The user is fully responsible for any damage caused by the use of the bicycle during the rental period, even if this exceeds the Authorized Continuous Use Duration in case of late return.

Any failure to return the bicycle after 8 hours is considered as disappearance without justification until the bicycle is found and may result in penalties as described in Article 9 – Non-return Compensation.

If the disappearance is the user’s fault, they must report it to Customer Service within 24 hours of the initial rental. This may also result in penalties under Article 9.

If the disappearance is not the user’s fault, they must report it to Customer Service within 24 hours and file a theft report with the police within 48 hours, providing a copy to Customer Service. To receive a refund, the user must provide this police report to the operator.

In case of an accident and/or incident involving the bicycle, the user must report it to Customer Service as soon as possible. The bicycle remains the user’s responsibility until it is locked, or until a remote assistance request is confirmed by Customer Service.

ARTICLE 9. NON-RETURN OR DAMAGE COMPENSATION

The user agrees to comply with these CGUS and return the rented bicycle in the same condition as at the start of the rental. The user authorizes the operator to deduct a non-return compensation fee of €200 in the following situations:

• Theft of the bicycle without photographic proof of proper locking.
• Non-return or disappearance of the bicycle without justification (at minimum, a police report is required) after the end of the authorized continuous usage period.
• Significant damage to the bicycle caused by the user.

ARTICLE 10. LOST ITEMS

If an item is left on the bicycle, especially in the basket, it must be reported or handed in to CityBike Normandie Customer Service at the following address:

37 boulevard Charles De Gaulle, 76140 LE PETIT QUEVILLY.

Alternatively, the operator can be contacted by phone at 02 32 08 18 31.

The operator keeps lost items for a period of 6 months. After this period, they will be transferred to the city’s lost property office.

ARTICLE 11. PERSONAL DATA

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

ARTICLE 12. DISPUTE RESOLUTION AND CLAIMS

These Terms of Use 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 on the Website, or by email at: contact@lovelolibreservice.fr
The User has a period of one (1) month from the date of the disputed event to initiate this process.
The Parties will use their best efforts to find an amicable solution to any dispute that may arise between them.

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

If no amicable resolution is reached, any dispute relating to the interpretation, execution, or termination of these Terms of Use and/or the relationship between the User and the Operator shall fall under the jurisdiction of the competent French courts, notwithstanding multiple defendants and/or third-party claims, including for urgent or protective proceedings, whether summary or by petition.

ARTICLE 13. APPLICATION AND ENFORCEABILITY OF THE TERMS OF USE

These Terms of Use 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 read and accept the Terms of Use before first using the Service and downloading the application.
The user is informed that the mere use of the Service constitutes full and unconditional acceptance of all the provisions set out in these Terms of Use.
The user acknowledges being fully informed that their agreement to the content of the Terms does not require a handwritten or electronic signature.

The operator reserves the right to modify the Terms of Use at any time, without notice, provided that such modifications will only apply to subscriptions and uses made after such modifications.
The fact that the operator does not invoke one of the provisions of these Terms of Use at a given time cannot be interpreted as a waiver of the right to invoke it later.

If any provision of the Terms of Use is declared null, illegal, or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect.
In the event that the Service is transferred to a company other than the operator, the user agrees that these Terms of Use will be automatically transferred to the transferee, regardless of who it is.