BIKE SHARE DESCRIPTION
These General Terms and Conditions set out the main terms and conditions that apply and govern the use of Go2Bike services.
1.1. Go2Bike, hereinafter System Manager is a platform brand used for control and billing systems of public bicycles, trotinets, lockers, chargers for electric vehicles and other equipment established and registered in accordance with the laws of the Republic of Montenegro under registration number PIB: 03385825, with its registered office in Podgorica, Miljanova 13 in close cooperation with Crnogorski Telekom a.d.;
1.2. Go2Bike application is a smartphone application used to access Go2Bike public services, in the further context, renting bicycles and lockers, with the offered Operators in the Go2Bike system;
1.3. Go2Bike platform is a technology that connects users with the service to enable them mobility and availability of public bicycle and lockers rental services;
1.4. System Manager is the Operator with whom Penta systems d.o.o. concluded a contract;
1.5. The owner of the system is the Operator with whom Penta systems d.o.o. concluded a contract;
1.6. Operator is the system administrator with whom the user has registered to use the service. The operator makes the lease available by concluding a contractual relationship with the user;
1.7. The User is an adult natural person who acquires the right to use Go2Bike services based on the QR code and who is personally responsible for using the rental from the moment the bike is picked up from the station stand until the bike is returned correctly registered by the system;
1.8. Prepaid account is a User account used to charge for the vehicle use during the agreed rental period;
1.9. The One-time code is an alpha-numeric code issued by the Operator and used for the use of vehicles during the agreed duration of use;
1.10. Agreement are these General Terms and Conditions concluded between the User and Go2Bike regarding the use of the Go2Bike service consisting of;
1.10.1. of these General Terms and Conditions;
1.10.2. special conditions prescribed by the Operator, which include the price list and description of the service;
1.10.3. Concessions, a general data protection regulation by which the User consents to the processing of personal data relating to him;
The service can be used by any natural adult person who has established a lease via Go2Bike QR code. By accepting these General Terms and Conditions, the User confirms that he is of legal age and under full material and criminal liability.
The User is personally responsible for renting a vehicle, complying with traffic rules and complying with all other legal obligations.
The User is obliged to use the rented vehicle in all respects according to the provisions of the Road Traffic Safety Act (“Official Gazette” number 33/2012, 58/2014, 14/2017, decision US and 66/2019, the law is also available on the following webpages: www.sluzbenilist.me and www.kotor.travel ).
We especially emphasize that:
On main and regional roads, cycling is prohibited for children under the age of 16.
On local roads and streets only children aged 14 and older are allowed to use the bicycle.
The rider of the bicycle must not move on the bike path at more than 35 km/h.
If there is a bike path on the main road, the rider of the bike must move along the right bike lane in relation to the direction of travel.
On the bike path for traffic in both directions of the vehicle, the bike rider must move on the right side in the direction of movement of the vehicle.
If two or more bikes, mopeds, tricycles and motorcycles move in a group, they are obliged to move one after the other.
The rider of the bicycle must operate the bicycle in a way that does not impair the stability of the vehicle and does not interfere with other road users, and in particular must not:
- Drop the steering wheel from his hands
- Take their feet from the pedals
- Hold on to another vehicle
- Guide, tow or suppress other vehicles or animals, except to tow the trailer meant for the bicycle, allow the bike to be towed or suppressed, transport objects that may interfere with it during steering, use audio headphones on both ears
- Drive the bike on one wheel,
The person riding a bicycle must wear a buttoned-up homologous protective helmet on their head during the ride, as determined by the helmet manufacturer’s declaration.
During cycling on main and regional roads, the driver must wear a protective helmet.
Closer conditions that must be met by protective helmets used by bicycle riders are prescribed by the state administration body in charge of traffic affairs.
The driver of a bicycle, must not transport a person who is under the influence of alcohol, i.e. psychoactive substances, or who for other reasons is unable to manage his actions.
It is forbidden to do cycling training on main and regional roads.
The User of public e-bikes is obliged to be marked with a reflective vest or reflective cycling clothing or other reflective marking when driving on the road at night and during the day in case of reduced visibility.
The User is advised to use his/her own safety helmet.
The User must ride the rented vehicle with both hands, which must be on the handlebars when riding.
The vehicle basket is used to transport things up to a maximum of five kilograms. When placing things in the basket, care must be taken not to overload the basket and that things are well secured so that they do not fall out while driving.
Before using the vehicle the User is obliged to check whether the vehicle is in good condition, i.e. whether it is in drive and safe condition (correct pedals and chain, correct steering wheel, tires, brakes, lights and everything else that could affect driving safety).
The User is obliged to report any defect on the rented vehicle that he noticed during use to the email: firstname.lastname@example.org or via the Go2Bike application without delay.
The User is obliged to return the vehicle in the condition in which it was taken over, and will bear all possible costs incurred due to the fact that he did not act in accordance with these General Terms and Conditions.
The bike is not allowed to be used in the following cases:
- for the transport of other persons (for safety reasons especially children),
- for transport outside the administrative boundaries of the Operator (Kotor Municipality),
- for the transport of flammable substances, explosives, toxic or dangerous material,
- to participate in races or events where vehicles are tested,
- in strong winds or bad weather,
- under the influence of alcohol or narcotics.
For the purposes of these General Terms and Conditions, the vehicles may be used only within the administrative boundaries of the Operator (Kotor Municipality), except in the case of the Operator allowing it in special conditions prescribed by the Operator.
The time period for using the rental service is defined by the Operator. The Operator defines for how long the User is allowed to rent in a continuous time until the User is obliged to return the rented e-bike to one of the Operator system stations. The Operator defines how many open leases are available to the User at the same time.
- User registration
The User registers for use with the system directly with his Operator via the QR code displayed on the Operator stations and their vehicles. The User agrees to these General Terms and Conditions of the Go2Bike service, special Conditions prescribed by the Operator and their protocol. The User receives a message to his email address with which his/her account is confirmed. The User logs in to the Go2Bike application interface with his/her username or e-mail address, and by selecting the prepaid top-up, he/she enters personal data, enters amounts, makes payments, possible top-ups, etc., using a credit card. The registration process is required only once.
The Operator may use the data collected on the User only for the needs of Go2Bike system and users, governed by these General Terms and Conditions and the concluded Agreement on the rental of e-bikes and the General Regulation on data protection.
- Service charges, fees and prices
By entering a credit card into his/her prepaid account, the User agrees to the tokenization of the billing card. The use of this method of payment, in the name and for the account of the Operator, is provided by the company Penta systems d.o.o. and through the QRPay system (www.wspay.me) for online authorization and card billing. According to the accepted General Terms and Conditions, the payment made and the invoice issued, it is considered that a service lease agreement has been concluded.
The system accepts Mastercard, Maestro, Visa, Visa electron, Amex and other payment channels supported by the WSPay platform.
QRPay uses the WSPay.me system to authorize and charge cards.
WSPay is a secure system for online payment, real-time payment, credit and debit cards and other methods payments. WSPay provides the customer and merchant with secure registration and transfer of entered card data, which is confirmed by the PCI DSS certificate that WSPay has. WSPay uses SSL certification of 256 bit encryption and TLS 1.2 cryptographic protocol as the highest levels of protection when writing and transmitting data.
The Operator has the right to tokenize the card on the secure WSPay system, to charge the funds again up to the full amount of the overdraft. If the User does not have a sufficient amount of funds available for payment on the specified credit card or payment is not possible for some other reasons on the part of the User, the Operator will notify the User in writing to the address specified when acquiring the right to use via QR code, on the amount of funds and request subsequent payment within a certain period, with a warning of forced collection. Until the payment of the aforementioned amount, the Operator blocks the specified User, and the User cannot use Go2Bike services. In case the User pays by credit card, the card will not allow registration if there is a restriction on it, and if there is no restriction, the cardholder will pay the amount to the lender regardless of his relationship with the User.
The User has access to the active price list prescribed by the Operator through the Go2Bike application.
In case of problems with payment or card payment, contact: Penta systems d.o.o , e-mail: email@example.com .
- How to use and acquire the right to use the system
The Go2Bike system has two payment methods: direct billing and prepaid billing. The Operator decides on the method of payment.
It is necessary to first scan (read) the Go2Bike QR code contained in the bikes or the equipment. The method of scanning (reading) depends on the type of mobile phone and the technology it uses (scanning via an imaging application (camera), QR code reader application, etc.). The User must check in the address bar if the link he clicked on is the address on the Go2Bike secure domain, app.go2bike.eu.
The User has at his disposal a QR reader within the Go2Bike application located on the app.go2bike.eu domain.
After the User has scanned (read) the QR code using a mobile phone, an interface opens in which he/she chooses the rental method.
Prepaid account – In case the Operator has opted for prepaid payment, the credit card linked to the User account is tokenized. In order for the User to make a lease, it is necessary to have sufficient funds in the prepaid account, prescribed by the Operator. The User scans the Go2Bike QR code from the vehicle/equipment and clicks on the already registered one, ie logs in app and clicks on Unlock and Rent, which unlocks the bike from the Operator docking, and by that the renting starts. The calculation price of bike/equipment use rental is based on 1 minute period, and the rent is paid according to the exact time of use.
One-time code – If the Operator opts for direct payment, after the payment has been made using the WSPay secure card payment system, the User receives an alphanumeric driving code that then either type on the pylon and select the desired available e-bike or scan the Go2Bike QR code on the desired bike, log in the app, and type or paste the purchased alpha-numeric code and unlock the bike using the mobile phone clicking on Unlock and Rent. The beginning of the rental starts and the beginning of the duration of the alphanumeric code starts at the moment when the User enters the one-time code on his mobile phone and unlocks the bike, thus beginning these prescribed obligations of the User. Within the time frame from the initial activation and duration of the alpha-numeric code, the User can rent several bikes, but he can rent only one bike per one alpha-numeric code at the same time.
- Restrictions on Use Rights
The use of bike rental is charged per hour, after the first two hours expire.
The Operator prescribes for how many hours the User may use the one bike from the beginning of the rental, after which he is obliged to return it correctly to one of the Operator’s stations, and in such way that it is visible in the Go2Bike system, otherwise it will be considered stolen.
If the User does not return the bike even after the expiration of 24 hours, from the beginning of the rental and does not act in accordance with point 7. Duties and responsibilities of User from these General Terms and Conditions it will be considered as unauthorized appropriation of someone else’s property. In this case, the Operator initiates the forced collection described in point 4. Service charge from these General Terms and Conditions.
The Operator provides and presents their bikes for public use and as such should be available to as many users as possible, so the User can use the bike for as much time in one day and at what time the Operator has prescribed it. It is not possible to base a bike rental for several days. An User with a prepaid account in the Go2Bike application has the right to rent the maximum number of bikes per user account at once, as prescribed by the Operator.
- Duties and responsibilities of User
The User’s responsibility for the rented bike starts from the moment the bike is picked up from the Operator’s station and lasts until the moment it is returned correctly, in a way that the return is registered in the Go2Bike application system.
The User uses the rented bike at his own risk.
The User takes full responsibility for the damage made to the rented bike and any damage caused by the bike. This also applies to damages to third parties as well as to theft at the time the bike is rented.
In the event that after returning the bike, by checking the computer system and the actual condition of the bike, a damage is determined that undoubtedly could have been caused only by the User who last returned it, the Manager will notify the User in writing to the address specified when acquiring the right to use via Go2Bike QR code on the amount of damage and request compensation within a certain period, with a warning of forced collection.
The User is not liable for any damages that the Manager did not inform him in the manner described. This does not apply to damages caused by gross negligence or theft. Gross negligence of the User is the behavior of the User that is contrary to these General Terms and Conditions, negligent attitude towards the bike, intentional damage to the bike, damage to the bike caused by extreme negligence of the User, and failure to properly lock the bike on the Operator’s station which led to the bike being stolen.
The User is also responsible for any additional damage and costs that may arise in the event that he does not cooperate with the Manager in determining the damage and/or search for the perpetrator of bike theft or damage made to the bike, and is obliged to inform the Operator as soon as possible by e-mail firstname.lastname@example.org or through the available interface in the Go2Bike application.
In case of theft, the User is obliged to inform the nearest Police Station on telephone number 122 .
- Duties and responsibilities of the Owner and Manager
System operator guarantees that all bikes available for renting are in good condition, but does not exclude the possibility of malfunctions that occur by regular use of bikes or as a result of users withholding information regarding the bike’s condition.
The owner and the operator are not responsible for injuries made to the user or third party caused by using the bike. The owner and the operator are not liable for personal items carried by the user while riding the bike.
The owner and the operator are not liable for the damage sustained by the user, in case of improper use of the bike, opposite to the way described in these General Terms and Conditions, and in case of unauthorized usage.
- Notifying in case of accident
In case of a traffic accident, the user is obliged to immediately report the accident: to the System operator via e-mail: email@example.com and to the nearest Police station on the number 122. In case the user does not report the accident, he/she will be held responsible for all the damage made to the bike as a result of the accident.
- Termination of use
The completion of the bike rental is considered the moment when the user correctly returns the bike to the station. The user is obliged to park/return the bike in a way that it is visible in the Go2Bike system. When returning the bike, it has to be locked in a way that it is properly returned to the station.
Note: Check the mark on the pedestal that shows that the bike is locked properly (the sign locked), only then is it properly returned.
In some systems it is possible to end the rental through the Go2Bike application. The user is obliged to check with the Operator if such option is available. In that case, the rental ends with the following course of actions: inserting the charger and cable with a locking pin, through the application by clicking the lock button, with mechanical locking by pulling the bike lever down, by pushing the red button “end rental” or by closing the locker’s door.
Locations and the availability of parking spaces are visible on the map of the web app Go2Bike, on the pylons and on the Operator’s web page.
In case that the user does not return the bike even after the expiration of the 24-hour deadline, and does not comply with these General Terms and Conditions, it will be considered as bicycle theft. The owner of the system will immediately report it to the nearest Police station, and the user is obliged to compensate the owner for any damages.
The person found to have illegally claimed the bike is obliged to pay the purchase price of the bike.
- Protection of personal data
The data processing manager is the System Manager, available at the e-mail address: firstname.lastname@example.org.
- Other provisions
Both parties may terminate the contract on the use of the account and rented bikes at any time, unless there is a debt that the User has not settled. For all possible disputes in the use of go2Bike system, the Municipal Court of the town in which the Operator and Owner operate is in charge, in this case: the Kotor Courthouse is in charge. For everything that is not determined by these General Terms and Conditions, the state Law on Obligations applies.
- Publication of these General Terms and Conditions
These General Terms and Conditions will be available at the Go2Bike system headquarters, and at the web address www.go2bike.eu.
In case of need for information about the Go2Bike system, the Go2Bike Team is available by e-mail: email@example.com .
Bike rental price list
Bike rental is free for the first 2 hours.
The price for every additional hour is 1€ per hour. The bike can be rented for a maximum of 5 hours.
Price list of penalties for non-compliance with the stated regulations and rules prescribed by the General Terms and Conditions.
Not returning the bike to the Go2Bike station 50€
Keeping the bike for more than 12 hours 200€
Price list for the use of lockers
The lockers can be used for up to 3 hours for free.
The price for every additional hour is 1€ per hour. The locker can be used for a maximum of 12 hours.
Price list of penalties for non-compliance with the stated regulations and rules prescribed by the General Terms and Conditions.
Exceeding the maximum usage time (occupying the locker for more than 12 hours) 100€