I’VELO URBAN GENERAL TERMS AND CONDITIONS

We, Green Revolution Association, registered and operating in accordance with Romanian legislation, having its registered office in 21-31 Avrig Street, U2 building, 1st entrance, 10th floor, apartment 43, District 2, Bucharest, registered with the Register of Associations and Foundations attached to the Court of the 2nd District of Bucharest, under no. 36 dated March 25^th, 2009 (“AGR”) promote, through our activity, the use of ecological and economical means and solutions of transport, especially the use of bicycles or electric scooters as an alternative means of transport by implementing and promoting the I’VELO Project (“The I’Velo Project”).

To this end, you (“The User”) can benefit from a large range of products and services offered or promoted by AGR through the I’Velo Project (collectively referred to as the “I’Velo Services”), in the general terms and conditions hereinafter specified (“General Terms”).

PLEASE READ THE GENERAL TERMS AND CONDITIONS AND THE INFORMATION NOTICE ON PERSONAL DATA PROCESSING CAREFULLY BEFORE ACCESSING ANY I’VELO SERVICES. THE ACCESSING OF I’VELO SERVICES SHALL BE CONSIDERED A COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS AND OF THE INFORMATION NOTICE ON PERSONAL DATA PROCESSING.

1. I’VELO SERVICES

• The I’Velo Services include, but are not limited to, the following:
  • bicycle and/or electric scooters rental services (“Rental Services”) from:
    • I’Velo centres (“I’Velo Centres”) or
    • automated I’Velo stations (“I’Velo Stations”);

and/or

• services related to the Rental Services:
  • the I’Velo mobile app (“App”); and/or
  • the I’Velo nominal access card (“I’Velo Card”); and/or
  • the ivelo.ro website (“I’Velo Website”); and/or
  • helpline services at 021.327.57.78, via e-mail at [=] or by accessing the [Help] Section from the App interface (“Support Services”).
• Your access to any I’Velo Service is conditioned by your acceptance of the General Terms, as well as the Notice on personal data processing, as appropriate, both in the version applicable on the day the specific I’Velo Service was ordered. The General Terms and the Information Notice on Personal Data Processing must be approved either in the App, before using it for the first time, or via e-mail, by filling out the e-mail address at the I’Velo Centres and then by validation through accessing the link sent by e-mail.
• The General Terms shall represent, through your acceptance, the contract between you and AGR (“I’Velo Contract”).

For the avoidance of doubt, the provisions of these General Terms and of the Notice on personal data processing are applicable both to I’Velo Urban and I’Velo Relax services.

2. User Account. User Status.

• User Account
  • In order to access information regarding the I’Velo Services, Users must create and validate a user account in the I’Velo database. This account is made with a valid e-mail address. This provision applies especially for accessing the personal data that I’Velo uses, collects or provides to the Users. General information regarding I’Velo Services may be accessed freely on the I’Velo Website or on the related pages from social networking websites.

The e-mail address may be provided as follows:

• on the computers offered by the I’Velo Centres;
• through the account registration page from the App;
• through the account registration page from the I’Velo Website.

• The User may choose to register through the Facebook app, in this case with the usage of information provided by Facebook.
• The User must also choose an access password, except when using a Facebook account, in which case Facebook’s terms of service shall apply.

The validation of the e-mail address is done as follows:

• A unique code is sent to the e-mail address provided by the User, which code the User must enter into the App or on the I’Velo Website.
• The User account becomes active after the e-mail address is validated.
• If a User chooses to register with their Facebook account, the e-mail address validation shall no longer be necessary.
• Using an e-mail address and a password is the only way to login to a User Account.

• User Status
• Acquiring the User Status is mandatory in order to use any of the I’Velo Services. Apart from creating and activating a User account, the User Status requires providing personal identity data, a phone number and, in certain cases and for certain I’Velo Services, adding and registering a payment method, as well as a few validation methods.

Personal data may be provided as follows:

1. Data regarding identity
   • by presenting a document containing identity data to any of the I’Velo Centres. Accepted documents: identity card or passport;
   • by using the App functionalities that allow taking a photo of the identity card, as well as taking a self-portrait photograph (selfie) while holding the identity card and sending these two photographs to the Call Center operators.

Please note that we can only accept Romanian identity cards. We will not accept temporary identity cards, driver’s licenses, passports, residence permits, diplomatic documents or any other such documents that may or may not be temporary.

• Exclusively for subscribers to the Orange Romania SA mobile network service, by entering their own Orange phone number into the App, provided that it is subscription-based (post-pay), that the subscription agreement is concluded with you as a contracting party and that such subscription is active. In this case, a code for confirming the subscription validity and phone number will be sent through a text message (SMS). For the avoidance of doubt, the validation code will not be sent if the subscription agreement is concluded by third parties (e.g. your employer) on your behalf. Please note that, even after providing an Orange phone number (while observing the above-specified conditions), in order to obtain the User status, you will have to manually enter certain identification information into the App (e.g. name, surname), correctly and in full.

In addition, please note that, in the event that you lose your Orange Romania SA subscriber status for any reason whatsoever (e.g. switching to a different mobile network provider, switching to a pre-pay service), you will no longer be able to access the I’Velo Services until you have confirmed your identity through any of the above-specified methods.

2. Data regarding the phone number
   • by communicating the phone number to the I’Velo Centres operators;
   • by using the App or I’Velo Website functionalities that allow entering the phone number into the database.
   • by providing your Orange phone number according to article 1 above

Please note that we can only accept mobile numbers issued by Romanian telephone company

3. Data regarding the registration of a payment method
   • by entering the bank card details. They are only accepted into the App or on the I’Velo Website using the specific functionalities set up.

Please note that we can only accept bank cards issued by Romanian banking institutions. Bank cards such as Revolut (or similar) are not accepted as means of payment.

Personal data is validated as follows:

1. Identity

• The I’Velo Centres operators shall scan or, where applicable, shall manually enter the provided data into the database.
• The operators validate the data and that the rightful owner of the identity card is the individual that has presented the document.
• The Call Center shall enter or validate the data provided by the User through the App and shall confirm the identity of the applicant on the basis of the self-portrait photograph.
• Orange Romania SA shall check and confirm the Orange Romania SA subscriber status for the phone numbers entered by individuals who choose to provide data by entering their own phone number into the App.
• The I’Velo Centres or Call Center operators may refuse to register the data should any of the following conditions, without limitation thereto, occur:
  • the quality of the provided documents or of the photographs do not allow for a correct reading of the information.
  • the individual requesting the registration is not the rightful owner of the identity card.

2. Phone number

• A unique validation code shall be generated and automatically sent to the phone number provided by the User. This code will have to be entered on the I’Velo Website or into the App in order for the phone number to be validated.

3. Payment method

• Upon registration of a banking card, in accordance with the legal proceedings in force, the User will be asked to make a payment of 1 RON, necessary for validating the card and the applicant’s right to use this card.

The amount shall be returned once the card is validated.

Individuals who have used the I’Velo Services in the past 2 years and have rented a bicycle at least once, unless they have expressly requested the removal of their data from the database, already have a User Status.  Nevertheless, due to changes to the applicable law, as well as changes to the types of I’Velo Services offered by the Green Revolution Association, certain steps for identity validation may have to be taken.

Two examples would be reconfirmation of the e-mail address or phone number.

• The User Account is nominal and non-transferable to another person.
• The User Status will be maintained throughout the storage period of the personal data collected for the I’Velo Services. More details regarding the storage period and relevant rights can be found in the Notice on personal data processing.
• As a User, you may at any time access your own unique nominal User account from the App or the [My Account] Section from the I’Velo Website.
• You have the obligation to provide accurate, comprehensive and exact identification data for the User Account registration and for obtaining the User Status and to update such data by requesting that your data be edited by AGR, by contacting our Support Services, any time you may need to (for example, after getting a new identity card, after changing your e-mail address, your Facebook account or your phone number, etc.).
• The failure to take the necessary steps to update your data may lead to your User Account being suspended in accordance with article 15 below [User Account Suspension],
• Using data that is inaccurate, incomplete, inexact, out of date or that may in any way create confusion leads to the partial or full limitation of your access to the I’Velo Services and/or, when applicable, incurs your liability for any direct or indirect damages suffered in whatever capacity by AGR or by any of its employees, partners or associates.
• AGR reserves the right to check at any time the accuracy of the identification or contact details that you have provided, including by collecting additional personal data (g. in order to confirm your identity or to grant access to certain I’Velo Services, without limitation thereto).
• Any changes to the circumstances considered upon verification (for example, changes affecting your identity card, e-mail address or phone number) may lead to restarting the verification process and possibly suspending your User Account, in accordance with paragraph 15 below [User Account Suspension], until such verification is complete.
• In the event of facing any difficulties during the verification process or finding any discrepancies, AGR reserves the right to partially or fully limit your access to the App and/or any of the I’Velo Services.

3. COSTS

• The Rental Services are provided against remuneration:
• monthly subscription, with an unlimited number of uses for the bicycles during the validity period – 49 lei;
• monthly subscription, with an unlimited number of uses for the bicycles and electric scooters during the validity period – 99 lei;
• annual subscription, with an unlimited number of uses for the bicycles during the validity period – 149 lei;
• annual subscription, with an unlimited number of uses for the bicycles and electric scooters during the validity period – 365 lei;
• “One Pass”, a unique ticket that allows for the renting of a single bicycle for a maximum of 2 hours – 10 lei;
• “Pay per Use”, a payment system that is applicable exclusively to the Rental Services for electric scooters, when accessing a single Rental Service for an electric scooter, and the relevant costs vary depending on the duration for which the Rental Service for electric scooters is used – 2 lei starting cost and 0.5 lei/ minute of use.

Any other related costs shall add up to the above-mentioned costs (e.g. possible delay penalties due to exceeding the time limit, possible AGR bicycle and/or electric scooters pick-up fees), and all applicable fees, where appropriate.

Users are also responsible for bearing the cost of repairs, remedy or replacement in the case of damages, destruction or prejudice of any kind resulting from the use of any I’Velo Services beyond the normal wear and tear (“Damages”). Damages, together with the other cost categories described under lit. (a) shall be hereafter referred to as “The Costs”.

A detailed description of the Damages is presented in Annexes 1 and 2 to this document and is also available in electronic format on the I’Velo Website.

• The I’Velo access card is provided against a fee of [7] lei;
• The paid costs are final and cannot be refunded, unless AGR decides otherwise.
• The costs shall be paid using any of the following payment methods:
• through direct debit from the card associated with the User Account within the legal limits.
• through direct payment at the I’Velo Centres, in cash or by card.
• The App and the I’Velo Website are provided to the Users free of charge.

Nevertheless, certain costs may be incurred by the Users, without limitation, regarding the traffic data transferred while downloading and using the App or the I’Velo Website, in Romania, as well as outside Romania.

4. BICYCLE AND/OR ELECTRIC SCOOTERS RENTAL

• Types of Rental Services

Users can benefit from Rental Services by purchasing subscriptions or One Pass services or Pay per Use services. The purchasing of the subscriptions or tickets can be made at the rental centres, online or via the I’Velo mobile app. Pay-per-use services can be used exclusively via the mobile app.

Users can choose from:

• limited subscriptions:
• monthly subscription, valid for 30 days starting with the date selected by the User; or
• annual subscription, valid for 365 days starting with the date selected by the User.
• One Pass permit:

• valid for two hours for the rental of one bicycle. It will be activated upon bicycle rental.
  • Pay per Use payment service:
• valid for the duration of the rental of one electric scooter. It will be activated when the electric scooter is rented.

Users cannot combine multiple types of active subscriptions for the same period of time. Purchased subscriptions cannot be changed. At the same time, a refund for unused subscriptions cannot be requested, irrespective of the reason.

AGR reserves the right to change the above-mentioned prices at any time, under the provisions of these General Terms.

By accessing the [My subscription] section from your User Account, you may at any time refer to the general details regarding the validity period of your subscriptions or One Pass or Pay per Use permits, the available or accessed Rental Services, other costs related to the available or accessed subscriptions or existing permits, as well as the rights and obligations of the Users corresponding to every I’Velo Service type.

• Bicycle Pick-up and Return – General Provisions

Bicycles can be rented from and returned to any I’Velo Centre or I’Velo Station, depending on availability and operation schedule. The prerequisites for renting a bicycle include acquiring the User Status, using the App or an I’Velo Card, presenting an identity document and the existence of a previously purchased service (subscription, One Pass).

The bicycle pick-up requirements, as well as the rights and obligations that apply at the moment of rental are those available on the I’Velo Website, in the App or at the I’Velo Centres. Users must make sure they clearly understand their rights and obligations when using the service.

More information may be requested from the I’Velo Centres and Call Center operators should there be any ambiguities.

As a general rule, users may only rent one bicycle.

As an exception, Users acting as lawful representatives/individuals who may be, at a certain time, supervising minors under 14 years of age may rent bicycles for their personal use, as well as for the relevant minors. However, they remain fully liable for such minors for the time they use the Rental Services.

Liability regarding such minor(s) shall also mean, but not be limited to, the responsibility to instruct such minor(s) regarding the use of the bicycles, the use of protective equipment and, generally, the continuous supervision of the minor(s) and the bicycles while using the I’Velo Services. The possibility for minors under 14 years of age to benefit from the Rental Services is limited to a maximum of 3 (three) available bicycles, one of which for the personal use of the User and 2 (two) for the use of two minors for whom the User takes full responsibility. According to existing legislation, minors under 14 years of age do not have the right to ride a bicycle on public roads, hence they are not allowed to ride it outside the boundaries of the park where or near which the I’Velo Centre is located and from which the bicycle was picked up. AGR shall not be held accountable in any given situation or as a result of any incident caused by minors under 14 years of age using the bicycle (within or outside the park boundaries).

Bicycle rental for minors under 14 years of age shall be made exclusively from I’Velo Centres.

Due to different technical specifications, bicycles picked up from I’Velo Centres must be returned exclusively to I’Velo Centres from the same city/municipality. Similarly, bicycles picked up from I’Velo Centres must be returned to I’Velo Stations only. Bicycles must be returned to I’Velo Centres while taking into account the operating schedule of these centres. It is the exclusive responsibility of the Users to get informed beforehand in regard to the operating schedule of the I’Velo Centres and to take the necessary precautions in order to return the bicycles in timely manner, otherwise incurring delay penalties and/or other sanctions/penalties as set out in the I’Velo General Terms and Conditions.

Bicycles shall only be returned to I’Velo Stations that are functional and have empty docks. It is the exclusive responsibility of the Users to get informed beforehand in regard to the empty docks of the I’Velo Stations and to take the necessary precautions in order to return the bicycles in timely manner, otherwise incurring delay penalties and/or other sanctions/penalties as set out in the I’Velo General Terms and Conditions.

Information regarding the availability of the Rental Services will be provided on the I’Velo Website, the App, as well as at the I’Velo Centres.

• Using the App for Bicycle Pick-up
• Bicycle pick-up from and return to I’Velo Centres

Bicycle pick-up

You will be able to access Rental Services using the App provided that you own a subscription or a One Pass permit valid on the date of the pick-up of any bicycle from the I’Velo Centres.

The App allows the User to start a rental by simply scanning the bar code stuck on the bicycle frame. A notification will be displayed on the App screen, showing that the rental was approved, has started, the elapsed rental time, the remaining time, the cost of the ride and the bicycle number. The User shows the information displayed on the App screen to an AGR operator before actually picking up the bicycle.

If the bar code cannot be scanned due to technical reasons, the User has the option of manually entering the bicycle number into the App. In this case, for system security reasons, access to your phone’s GPS location may be requested.

If the User cannot or does not have the right to make this rental, an explanatory message will be shown on the App screen.  The User can request the help of I’Velo Centres operators.

Bicycle return

The return is finalised only upon the scanning of the rented bicycle bar code by an I’Velo Centre operator.

Users may return the bicycle to any of the I’Velo Centres within 10 minutes since pick-up in order to exchange it for another one, any time they encounter difficulties in using the bicycle caused by its configuration, as well as if any pre-existing defects, malfunctions or damages are found, in which case the time period for using the bicycle will be reset. When exchanging the bicycle, the User shall specify the type of defect found.

The exchange will be made with the help of the I’Velo Centre operator, who will take over the defective bicycle and provide the User with a different one. For the avoidance of doubt, such bicycle exchange will not apply if such defects are caused by the User.

• Bicycle pick-up from and return to I’Velo Stations

Bicycle pick-up

You will be able to access the Rental Services using the App provided that you own a subscription or a One Pass permit valid on the date of pick-up of any bicycle from the I’Velo Stations.

The mobile App allows an individual holding a User Status to start a rental by simply scanning the QR code stuck on the bicycle frame or on the automated station, in front of the dock where the bicycle is locked. A notification will be displayed on the App screen, showing that the rental was approved, has started, the elapsed rental time, the remaining time, the cost of the ride and the bicycle number. The User will wait for the automated station light-signal that means the lock was released and may then extract the bicycle.

If the QR code cannot be scanned due to technical reasons, the User has the possibility of manually entering into the App the bicycle number and the number of the dock in which the bicycle is locked. In this case, for system security reasons, access to your phone’s GPS location may be requested.

If the User cannot or does not have the right to make this rental, an explanatory message will be shown on the App screen.  The User can request help from the Call Center operators.

Bicycle return

Returning the bicycle and ending a rental session is done by positioning the bicycle in an empty and functional dock. The bicycle docking is signalled through the station lights and through a message shown on the User App interface.

In the event that, upon return, due to technical reasons the rental session is not automatically ended and the App continues to show an active ride, the User can end the ride by tapping on the [Stop] button from the App screen following the received instructions.

Any attempt of fraud by willingly inadequately positioning the bicycle in the station dock, by providing false information or by negligence does not limit the User’s liability, even if any potential thefts or damages were done by unknown individuals.  In order to avoid such situations, AGR may record and use video images from the I’Velo Stations, electronic systems for monitoring and detection of activities carried out in the I’Velo Stations and in their proximity.  At the same time, taking into account the operating schedule, the User can request help from the service personnel or the Call Center operators.

• Extending the time period for using the bicycles

Bicycles picked up under a monthly/annual subscription

The User may at any time, after a maximum time interval of 120 minutes since bicycle rental, request an extension of the rental time.

The extension is free of charge and it can be done for successive intervals of maximum 120 minutes each, by tapping the [Extra time] button from the App. The User will have to scan the bicycle QR code or bar code or request that an I’Velo Center operator scan such codes. The number of requests is unlimited as long as the new request is submitted after a maximum time period of 120 minutes since the last rental.

If the User does not request an extension of the rental time and does not return the bicycle either, additional costs will be applied (i.e. delay penalties). In this case, an extension of the rental time can no longer be requested and the User will be notified to return the bicycle immediately.

For the avoidance of doubt, upon the pick-up of a bicycle from the I’Velo Centres, the number of successive rentals is objectively limited by the obligation to comply with the operating schedule of the I’Velo Centres since the return is not possible without the help of an operator. It is the exclusive responsibility of the Users to get informed beforehand in regard to the operating schedule of the I’Velo Centres and to take the necessary precautions in order to return the bicycles in timely manner, otherwise incurring delay penalties and/or other sanctions/penalties as set out in the I’Velo General Terms and Conditions.

Returning the bicycle, on condition that the extension of the rental time was done correctly, according to the aforementioned indications, does not involve any kind of additional costs for the User (except for the situations in which Damages were done).

Bicycles picked up using the ONE PASS

The User may extend the rental period by purchasing a new One Pass before expiry of the initial maximum time interval. The number of such successive One Pass permit purchases is unlimited.

In the case of a malfunction or an impossibility to return the bicycle in timely manner, the User may request that the bicycle be picked up by the AGR personnel by contacting the Support Services, provided that the User pays the additional fee specified in Annex no. 1.

• Using the I’Velo Card for Bicycle Pick-up

You will be able to access Rental Services using the I’Velo Card provided that you own a subscription valid on the date of pick-up of any bicycle from the I’Velo Stations or I’Velo Centres.

1. Bicycle pick-up from and return to I’Velo Centres

Presenting the I’Velo Card to an operator from the Self-Service area is mandatory for picking up a bicycle from one of the I’Velo Centres. The card owner must also have a pre-paid service, that is a subscription or a One Pass ticket, that they have bought and actively attached to the card. The I’Velo operator will scan the I’Velo Card and, after entering the I’Velo PIN code into the operator’s terminal, they will scan a bicycle. After this process is completed, the User will be able to pick up the bicycle.

When returning a bicycle, an I’Velo Centre operator must scan the bicycle.

Extending the bicycle rental time

For I’Velo Card users, the rental time can be extended by returning the rented bicycle to an I’Velo Centre, after a maximum time interval of 120 minutes since initial pick-up, and requesting an extension of the rental time from an operator.

2. Bicycle pick-up from and return to I’Velo Stations

In order to pick up a bicycle from one of the I’Velo Stations using an I’Velo Card, the following steps need to be taken:

• a subscription type pre-paid service must be associated with the I’Velo card, the One Pass ticket is not valid on the I’Velo member card.
• login to the control panel from the relevant I’Velo Station by scanning the I’Velo Card using the contactless reader and entering the PIN;
• select an available bicycle from the control panel of the relevant I’Velo Station;
• wait for the intermittent light-signal from the docking pole, indicating the bicycle is unlocked; the bicycle can then be picked up within 10 seconds.

Extending the bicycle rental time

For I’Velo Card users, the rental time can be extended by returning the rented bicycle after a maximum time interval of 120 minutes since initial pick-up and completing the rental process again.

Bicycle return to I’Velo Stations

In order to return a bicycle, the following steps need to be taken:

• identify an empty docking pole at the relevant I’Velo Station (available poles are signalled with a green light);
• position and secure the bicycle in the chosen empty docking pole. Once secured, the bicycle will be locked automatically and the return process will be considered completed.
• Optionally, login to the control panel of the relevant I’Velo Station by scanning the I’Velo Urban Card using the contactless reader and entering the PIN to ensure the rental session was ended successfully. Alternatively, you can contact the Support Services to make sure the end of the rental session was registered accordingly. Some I’Velo Stations offer the option of issuing a ticket that confirms the ride has ended successfully. For the avoidance of doubt, AGR does not guarantee the availability of such service at every I’Velo Station. In case the login session to the control panel of the relevant I’Velo Station has not ended, the User is required to contact the AGR Call Center.

Bicycle return in case of malfunctions

The User may return the bicycle, free of any additional charges, after a maximum of 10 minutes since pick-up, if they notice any malfunction occurred prior to the initial pick-up. In such cases, a new bicycle may be picked up.

If the bicycle is returned within a maximum time interval of 10 minutes since pick-up, the User will be able to report a malfunction and exchange the bicycle or quit the Rental Service using the Support Services, the App functionalities or the control panel from the relevant I’Velo Station. For the avoidance of doubt, such bicycle exchange will not apply if such malfunctions are caused by the User.

Due to different technical specifications, bicycles picked up from I’Velo Centres must be returned exclusively to I’Velo Centres from the same city/municipality. Similarly, bicycles picked up from I’Velo Centres must be returned to I’Velo Stations only.

Electric scooter Pick-up and Return – General Provisions

Electric scooters can be rented from and returned to any I’Velo Centre or I’Velo Station, depending on availability and operation schedule.

The availability of the electric scooters can be determined or influenced by the weather conditions, the technical limitations of the products or a series of legal provisions or local provisions that might regulate the traffic, working hours, conditions for use, allowed areas, etc.

The rental can be done exclusively via the mobile App. The electric scooters that are available for rental will be displayed on the App interface, depending on the battery charge level.

The charge level of the electric scooter battery allows for the approximation of the distance that you can cover with the electric scooter, in kilometres. This estimation will be displayed on the App interface. However, this estimation is strictly for guidance purposes and it actually varies depending on different factors, such as speed, weight of the User, temperature, surface elevation, infrastructure status, without being limited to these.

More information may be requested from the I’Velo Centres and Call Center operators should there be any ambiguities.

Users may only rent one electric scooter.

Minors under 18 years old are strictly forbidden from renting electric scooters. The electric scooters can reach a speed of up to 25 km/h. They have two braking systems and an electronic one, respectively, on the handlebar of the electric scooter, as well as an emergency brake (i.e. it will be used by pushing the back wing of the electric scooter with the foot).

Electric scooters picked up from I’Velo Centres will be returned exclusively to I’Velo Centres. Similarly, electric scooters picked up from I’Velo Stations must be returned to I’Velo Stations only. Electric scooters must be returned to I’Velo Centres while taking into account the operating schedule of these centres. It is the exclusive responsibility of the Users to get informed beforehand in regard to the operating schedule of the I’Velo Centres and to take the necessary precautions in order to return the electric scooters in timely manner, otherwise incurring delay penalties and/or other sanctions/penalties as set out in the I’Velo General Terms and Conditions.

Electric scooters shall only be returned to I’Velo Stations that are functional and have empty docks. It is the exclusive responsibility of the Users to get informed beforehand in regard to the empty docks of the I’Velo Stations and to take the necessary precautions in order to return the electric scooters in timely manner, otherwise incurring delay penalties and/or other sanctions/penalties as set out in the I’Velo General Terms and Conditions.

Using the App for Electric scooter Pick-up

The actual accessing of the Rental Services for an electric scooter via the App is conditioned by fulfilling the conditions for benefiting from the Rental Services via the App and it implies:

• Checking the number of available electric scooters at the I’Velo Centre or I’velo Station near which you are, by accessing the icon of that respective Centre or Station. On the App interface there will be updated information about the available electric scooters, with the following format: battery charge level, electric scooter number and dock number.
• Electric scooter pick-up from and return (from) to I’Velo Centres

Electric scooter pick-up

 

The bar code printed on the frame of the electric scooter is scanned using the mobile App. The time count for the use of the Rental Service starts when the display of the electric scooter becomes active.

Electric scooter return

 

The return is finalised upon the scanning of the rented electric scooter bar code by an I’Velo Centre operator, provided that the electric scooter is deactivated, it’s display is off and the usage costs are displayed in the mobile App.

Users will return the electric scooter, incurring no additional costs, within 10 minutes since pick-up in case they notice a pre-existing defect and it will be possible for them to pick up a new electric scooter. The exchange of an electric scooter with no additional costs is available only for users that have a subscription that allows for unlimited use of the electric scooters. The exchange will be made by the User after informing an operator from the I’Velo Centre and requesting their assistance and reporting the reason for the fast return in the App. For the avoidance of doubt, such an electric scooter exchange will not apply if the defects are caused by the User.

• Electric scooter pick-up from and return to I’Velo Stations

Electric scooter pick-up

 

Using the App, scan the QR code displayed on the docking pole or on the display of the electric scooter. When the lights of the docking pole are flashing an intermittent green light and the display of the electric scooter becomes active, the electric scooter is released and can be used. The time interval necessary for releasing and activating the electric scooter can vary between 10 and 20 seconds, depending on the speed at which the data is communicated. For an adequate use of the system, it is recommended to wait for the electric scooter to be unlocked from the station, which will be signalled by the green intermittent station light, and only after that to extract the electric scooter from the respective dock. A premature attempt of extraction can lead to the electric scooter being locked in the dock and the process will have to be repeated.

In the event that you no longer want to pick up the electric scooter, even though you have started the pick-up process of the electric scooter, you will have to pick it up from the docking pole and return it by introducing it again into the docking pole.

Electric scooter return

 

Normally, the return and the completion of a session is done by positioning the electric scooter into an empty dock. The docking of the electric scooter is signalled through the station lights and through a message shown on the User App interface. Simultaneously, the electric scooter display turns off.

In the event that, upon return, due to any reasons the rental session completion message is not displayed on the User App interface, the User can end the ride manually from the App, by tapping on the [Stop] button and by scanning the QR code above the docking pile where they returned the electric scooter or, if applicable, by uploading a photograph that confirms the electric scooter has been returned and locked in the docking pole.

The User will return the electric scooter, incurring no additional costs, within 10 minutes, in case they notice a pre-existing defect and it will be possible for them to pick up a new electric scooter. The exchange of an electric scooter with no additional costs is available only for users that have a subscription that allows for unlimited use of the electric scooters.

Upon detecting a fast return, the User will signal the defect in the mobile App interface, they will exchange the electric scooter or they will quit the Rental Service. For the avoidance of doubt, such an electric scooter exchange will not apply if the defects are caused by the User.

It is mandatory for any electric scooter to be returned when the battery charge level reaches a critical point and the electric scooter shows a battery life of maximum 5 km. For this reason, you are under the obligation of continuously estimating the distance left until the next I’Velo Station or I’Velo Centre and you are exclusively responsible that, in any moment, the battery charge level ensures reaching the next return point.

In any event, the engine of any electric scooter will be locked if the battery charge level reaches 5% or if the scooter goes over the territorial limit expressly indicated by AGR, as part of the territorial range of the municipality of Bucharest, and you are under the obligation of returning the scooter at once. In case the engine of the electric scooter is locked, you will have to transport the electric scooter, at your own expense, with a vehicle to the closest return point. Alternatively, you can also request for the I’Velo personnel to pick-up the electric scooter by accessing the Support Services, provided that you pay an additional fee.

Upon the return of the electric scooter, the App interface will display the Costs due for the use of the electric scooter.

5. CONSEQUENCES OF NO-RETURN OR LATE RETURN OF THE BICYCLES OR ELECTRIC SCOOTERS. ADDITIONAL COSTS

• In the case of a late bicycle or electric scooter return, the User will be required to bear additional Costs in the form of delay penalties amounting to 6 lei for each hour of delay for the bicycles and 6 lei for each hour of delay for the electric scooters, as well as any other possible sanctions as specified in Annex no. 1 and no. 2.
• The Additional Costs due to registered delays shall appear in the User Account.
• If the no-return or late return of any bicycle or electric scooter is due to circumstances independent of the User’s will (for example, lack of available docking spaces at the I’Velo Station, damaged posts, etc.), you may contact the Support Services and request to have the bicycle or, if applicable, the electric scooter picked up by an AGR team or to be given an additional time frame to return the bicycle or, if applicable, the electric scooter to a different I’Velo Station. In the absence of such a request, you will suffer the consequences of the late return or no-return of any of the bicycles or, if applicable, the electric scooters.

6. PAYMENTS

• The possibility to benefit from any Rental Services through the App and/or the I’Velo Website entails the registration of a valid debit or credit card to the User Account, using the App, in order for such card to be used for the payment of the Costs and possible Damages. The Users may register multiple bank cards into their User Account.
• If the registered payment method is invalid or expired or if the validation process cannot be finalised, irrespective of the reason, you will not obtain or, where applicable, you will lose your access to the Rental Services through the App. Additionally, AGR may decide the termination of the I’Velo Contract. Registration of a bank card entered into the User Account serves as your consent for the automatic payment of the Costs, including Damages, as appropriate.

All Costs/Damages will be paid automatically and the relevant amounts will be charged to the card associated with the User Account by EuroPayment Services SRL, an authorised partner of AGR, that will act as an intermediary for collecting payments.

In certain cases, in order to ensure payment security, you will be requested to authorise the payment by re-entering the User Account password or by using your digital fingerprint if the mobile devices have this feature.

• Upon confirmation of the payment of such costs, you will be issued a proof of payment into your User Account. AGR reserves the right to set, cancel and/or review the Costs/Damages for all or some of the I’Velo Services, at any time, as it sees fit. AGR will make every reasonable effort to inform you regarding the applicable Costs. In any case, you are liable to bear any Costs/Damages pertaining to the AGR Services you have benefited from or will benefit from, regardless of whether or not you were aware of such Costs and their value.
• AGR reserves the right to request payment for the reasonable cost of any remedy actions for any Damages, collecting payment through EuroPayment Services SRL, acting as an authorised AGR partner, by using the bank card registered into your User Account. Such costs cannot be refunded, unless AGR decides otherwise.
• If any payment operation cannot be performed using the bank card associated with the Account, irrespective of the reason (for example, lack of funds, technical difficulties) or, where appropriate, the Damages are considered overdue, you are required to make the payment as soon as possible by using an alternative payment method, as follows:
  • by registering another bank card into your User Account;
  • by paying in cash or by card at any of the I’Velo Centres.

The location of I’Velo Centres can be found in the App and on the I’Velo Website at https://ivelo.ro/en/relax/.

• If you accumulate any overdue debts, you shall not benefit from Rental Services and any valid subscription shall be suspended until the full payment of the overdue additional costs.
• Upon confirmation of the payment of any amount, you will be issued a proof of payment into your User Account.

7. GENERAL RIGHTS AND OBLIGATIONS OF USER

• The User has the right to access any of the I’Velo Services for their sole personal use. Minors under 14 years of age, under the circumstances specified in the I’Velo General Terms and Conditions, are exempted from this rule for the rental of bicycles. In this latter situation, the following obligations assigned to the User shall also be extended mutatis mutandis to the actions of minors under 14 years of age under their responsibility.

In such case, the User will be exclusively and solely liable for any and all consequences, complaints, requests, losses, fees, fines, liabilities, injuries, costs, including lawyers’ fees and any costs incurred in possible legal proceedings, of any nature, either predictable or unpredictable, known or unknown, direct or indirect.

• Any of the I’Velo Services may entail showing certain names, products, services, trademarks belonging to third-parties. Accessing the I’Velo Services may under no circumstances be interpreted as granting the Users any right over such names, products, services or trademarks.
• For the avoidance of doubt, we hereby inform you that the following practices contradict these I’Velo General Terms and Conditions and are strictly forbidden:
  • any reproduction, distribution, broadcast, transmission, trade, embedding into apps or derivative web pages of the App, the I’Velo Website or any of their components for commercial purposes or use thereof in any way that would violate the General Terms;
  • any reproduction, distribution, transfer of any part of the App or the I’Velo Website in any environment and by any means, without the prior consent of AGR;
  • any changes to or de-compilation in any way of the App, the I’Velo Website or a part thereof;
  • any removal of markings regarding copyrights, trademarks or other ownership rights from the App interface, the I’Velo Website, the I’Velo Centres or any other assets provided by AGR or by its partners or associates for the I’Velo Services;
  • generating or launching programs or scripts that perform scraping, indexing, analysis or any other operations involving data extraction from the App or from The I’Velo Website or pertaining to the I’Velo Services or that slow down or block the operation and/or functionality of the App, the I’Velo Website or the I’Velo Services.
  • unauthorised access or attempt to access the User Account, the App, I’Velo Website or any I’Velo Services;
  • using or including any references to the AGR name, logos, I’Velo Services names, trademarks or other intellectual property rights that belong to AGR or to AGR’s partners.
  • transportation of passengers, voluminous objects or hazardous substances, participation in races, sublease, as well as carrying out trade or professional activities against remuneration or free of charge, including delivery, home delivery services or other similar activities using any bicycle or electric scooter picked up from the I’Velo Stations or the I’Velo Centres;
  • using the bicycles or electric scooters in off-road conditions (for example, gravel or unpaved roads) or for any purposes or in any way that is extreme (for example, jumping over obstacles) that may affect their condition of operation;
  • accessing the I’Velo Services if your physical or mental condition is inappropriate. For the avoidance of doubt, at any time when you may pick up a bicycle after accessing the Rental Services, your physical and mental condition must be adequate for using the selected device.
  • overloading the bicycle or electric scooter by carrying a total load, including that of the User, in excess of 100 kg.
  • overloading the scooter by using it for the transportation of more than one person at one time;
  • using the bicycle or the electric scooter while the User carries out activities such as, but not limited to, talking on the phone, typing or reading text messages or press articles, accessing social media platforms and other such activities that may distract the User from safely riding the bicycle or the electric scooter with harmful consequences;
• in any case, consumption of alcohol, narcotics or any substances that are or may be hallucinogenic shall be considered incongruous with accessing the I’Velo Services.
• using the electric scooter outside the area defined in the App and/or outside Bucharest. Any deviation from the area defined by the App will lead to the electric scooter ceasing to function.
• immersing the electric scooter in water or using it in flooded areas, otherwise there is a risk of electrical malfunctions.
  • any inappropriate or uncivilised behaviour, including physical or verbal violence or any insulting, offensive, recalcitrant or abusive behaviour towards AGR, other Users, AGR’s personnel or any other person in general.

Any Damages suffered by AGR as a consequence of non-compliance with the above-mentioned requirements shall be borne exclusively by the User that breached them according to the existing legal provisions.

• You have the right to request reimbursement of any amount associated with the I’Velo Services you have not benefited from, will you deem AGR fails to fulfil or inadequately fulfils any of its obligations pertaining to ensuring the quality of the I’Velo Services you have benefited from. Any such request will be submitted in writing at ivelo@greenrevolution.ro.

AGR reserves the right not to reimburse the amount associated with the I’Velo Services according to the above-mentioned provision if it deems your request to be unfounded/not proven.

• Every time you use the I’Velo Services, you are bound by the following obligations, without limitation thereto:
  • the obligation to observe at any time any and every applicable legal provisions, as well as these I’Velo General Terms and Conditions;
  • the obligation to act in good faith towards AGR, its employees, partners or associates;
  • the obligation to restrain yourself from any action or inaction the object or effect of which is the uploading or downloading of data, information or materials that may serve as illegal, unfair or harmful content to any individual;
  • the obligation to obtain any authorisation, permit, license that may be necessary for uploading or downloading data, information or materials or for benefiting from the I’Velo Services.
  • the obligation to not undermine the rights of the other Users in any way;
  • the obligation to use the bicycles or electric scooters provided for the time you benefit from the Rental Services as if they were your own, with the care of a good owner, complying with any standard use requirements, operating conditions, as well as any instructions for use brought to your attention in any way by AGR or its partners or associates.
  • the obligation to safely use the bicycles or electric scooters, without at any moment endangering the health or physical and mental well-being of yourself or any other individual, or the integrity of any goods.
  • the obligation to check, at a low speed and with caution, by taking into account all relevant external factors (for example weather conditions, road conditions, traffic conditions, etc.), the condition of the bicycle or electric scooter you have picked up, including parameters such as stopping distance, speed, overall appearance and any other operating parameters.
  • the obligation to comply with any existing regulations that may be associated with accessing the I’Velo Services, including those regarding road traffic or safety norms (for example and with no limitation to EGO no. 195/2002 regarding public road traffic). You shall be solely liable for any breach of the obligations incumbent upon you.

For the avoidance of doubt, even in the absence of specific legal provisions, it is recommended that at any time while using the bicycle you use adequate protective equipment for the device that you picked up, including, but not limited to, a helmet and a high visibility vest. Any such protective equipment will have to be adapted according to your particulars.  Accepting the General Terms is equivalent to your acknowledgement and acceptance of the above-mentioned information, and AGR shall not be held responsible in any way for any negative consequences caused by your failure to comply with this recommendation. For the avoidance of doubt, AGR will not make available such protective equipment for the Users and every User is fully responsible for this.

• the obligation to constantly adapt the use of the bicycle or electric scooters to all relevant external factors (g. weather conditions, road conditions, traffic conditions, etc.);

For your safety, AGR recommends not to use electric scooters in case of adverse weather conditions (for example, in the snow during winter or when it rains).

• the obligation to not dismantle, disassemble, decompose, disintegrate fully or partially any bicycle or electric scooter provided to you while you benefit from the Rental Services, as well as from any other goods owned by AGR or by its partners or associates in any capacity;
• the obligation to report any damage found to a bicycle or electric scooter that you picked up by contacting any of the Support Services. You have the obligation to comply in full with the instructions you have received upon registration of your request. AGR will respond to such reports within a reasonable time period;
• the obligation to ensure that any bicycle or electric scooter picked up according to the Rental Services is returned in due time and in the same condition in which you picked it up, except for normal wear and tear.
• the obligation to access the I’Velo Services for the sole personal use of the User. The use of any I’Velo Service by other individuals on your behalf is prohibited, unless AGR has issued a prior written agreement for such a use. If you allow or tolerate in any way the use of any I’Velo Service by any other individual, in the absence of a prior written approval issued by AGR, you will remain personally and solely liable to AGR;
• the obligation to personally report to the relevant authorities any incidents (bicycle or electric scooter theft, bicycle or electric scooter destruction or damage, physical injury, etc.) they took part in while using the Rental Services;
• the obligation not to transport a 2^nd (second) person on the bicycle or electric scooter under no circumstances and with no exception;
• the false or malevolent signalling of defects identified while using the equipment may lead to the temporary or permanent suspension of the right to use the I’Velo services and/or to incurring additional costs generated by the traveling of the intervention teams and/or by conducting additional technical assessments.

AGR shall not be liable for any damage, of any nature, resulted from the failure to comply with any of the above-mentioned obligations or any of the legal obligations imposed on the Users.

• The Users remain liable for any direct or indirect damage that may be borne by AGR or by any of its associates or partners as a result of breaching the existing legislation and/or the I’Velo General Terms and Conditions and will guarantee, compensate and exonerate AGR from any possible damage, costs or fees that may be imputed to AGR regarding the use of the bicycle by the Users.
• AGR calls attention to the fact that electric scooters contain electrical components designed specifically for these models, and any attempt of replacing, repairing or renewing them affects their safety. Selling or buying such electric scooters is strictly forbidden, since it is very dangerous for your safety for the safety of the people around you.
• AGR reserves the right to, in the event that the User breaches any provision of these I’Velo General Terms and Conditions, suspend the User’s account in accordance with section 15 below and, in the event that the User has rented an electric scooter, to cease its functioning.

8. GENERAL RIGHTS AND OBLIGATIONS OF AGR

• The existence of any proof of violation of any of the I’Velo General Terms and Conditions or any obligations undertaken by you shall entitle AGR to restrict or even discontinue your access to any of the I’Velo Services, immediately and without prior notice, including, without limitation, to temporarily suspend your User Account, as indicated under article 15 below [Temporary Suspension of a User Account].
• AGR and its partners or collaborators hold all rights in the App, the I’Velo Website, as well as in any equipment or devices used for the I’Velo Services. The content thereof (including all its perceptible or imperceptible components, including, but not limited to, code, texts, images, graphical interface) is subject to the provisions of Law no. 8/1996 on copyright and related rights, being subject to protection as stipulated by such provisions, all rights being reserved, without requiring further notification or information notice for this purpose.
• AGR reserves the exclusive right to suspend, withdraw or make any changes to I’Velo Services at any time, with no obligation to provide any prior notice or justification for such measures. For the avoidance of doubt, AGR may add, revise, modify or eliminate any modules, functions, parameters, operating characteristics or settings of the I’Velo Services, as well as extend or reduce the number of I’Velo Centres or I’Velo Stations, at any time and without any prior justification.
• AGR reserves the right to verify, at any time, the fulfilment of the requirements allowing you to benefit from the requested I’Velo Services.

9. AGR’S LIABILITY

• AGR does not guarantee the compatibility of the App, the I’Velo Website or any other I’Velo Services with any hardware or device.
  • AGR and/or its partners or collaborators cannot be held liable for the compatibility of the App or the I’Velo Website with the settings of the User’s device through which they are downloaded, accessed, installed and/or used.
• No liability is incurred by AGR for any data, information or materials downloaded or uploaded by you through your User Account, which may be destroyed, lost or deleted as a result of uninstalling or deactivating the App, suspending the User Account or terminating the I’Velo Contract.
• AGR makes every effort to remedy any possible errors related to the operation of the I’Velo Services and the constant review of functions and operating parameters.

At the same time, by using advanced antivirus technologies, AGR makes every effort to ensure that accessing the I’Velo Services and, in particular, downloading the App or accessing the I’Velo Website do not have the potential for generating computer hazards. It is advisable to use an antivirus software when downloading and while using the App, as well as while accessing the I’Velo Website. AGR undertakes no responsibility for any loss, damage or destruction caused to your data or devices resulting from the download, installation or use of the App or from accessing the I’Velo Website.

• For the avoidance of doubt, AGR and/or its partners or collaborators may not be bound to bear the direct or indirect, foreseeable or unforeseeable damages that could be suffered by you personally or by any third parties in any way by accessing the I’Velo Services.

In particular, AGR and/or its partners or collaborators are not liable in any way for:

• any destruction, loss or damage to the downloaded, stored or shared content due to downloading or installing the App or accessing the I’Velo Website;
• interruptions, malfunctions or difficulties encountered during the installation, use or uninstallation of the App or while accessing the I’Velo Website;
• disrupt in any way the operation of any system by using the App or accessing the I’Velo Website;
• sending any programs or components that could harm the Users, including computer viruses;
• any destruction, loss or damage that could be avoided with minimal due diligence on behalf of the User;
• any loss, interruption or damage that is not directly related to downloading, installing or using the App or accessing any of the I’Velo Services and which is beyond the reasonable control of AGR;
• any interruption, malfunction or difficulty encountered while accessing the I’Velo Services, including during the payment for any I’Velo Services.

• The App, the I’Velo Website, as well as any other I’Velo Services, may include access to, uploading and downloading the content provided by web pages belonging to third parties considered by AGR to be useful in connection with the I’Velo Services and which are not under its control or guidance.

If using such links or references, the general conditions for use relevant for the respective webpages will apply. For the avoidance of doubt, AGR does not guarantee in any way that the information presented on the web pages referred to in the App, the I’Velo Website or by means of other I’Velo Services is accurate or up-to-date. Accessing other web pages or uploading/downloading the content thereof may not be construed as an approval by AGR of the content of the relevant web pages or of the products or services provided or promoted through such web pages.

• AGR makes every effort to maintain and repair the bicycle and electric scooter fleet made available within the Rental Service, as well as all due diligence to remedy any errors related to the operation of I’Velo Centres and I’Velo Stations and the constant review of functions and facilities offered in connection with the Rental Services.

However, AGR is not liable in any way for or in connection with:

• your use of the bicycle in a manner that affects your safety or that of others or in violation of any obligations incumbent upon you;
• any injury, material damage or any other type of damages caused by you to any person or property during the use of I’Velo Services;
• any unauthorized access to I’Velo Services or breach of I’Velo General Terms and Conditions.

• any possible defect, detected malfunction or fault must be immediately brought to the attention of the AGR by returning the relevant bicycle or electric scooter to any I’Velo Station or I’Velo Centre within [10 minutes] since pick-up.
  • If the bicycle or electric scooter is not returned within this time interval, it is assumed that it was delivered in normal working condition, without any apparent defect or malfunction, and, therefore, you will be responsible for any such defects or apparent defects subsequently found.

In any case, if any defect, malfunction or fault intentionally caused by the User or due to their fault is found during the use of the bicycle or electric scooter, the subsequent pick-up of a new bicycle is conditional on obtaining the User’s agreement to bear the costs of the such Damages.

• The user is solely responsible for the way in which the bicycle or electric scooter is used.
• AGR undertakes no responsibility for the services provided by its partners (such as, but not limited to, EuroPayment Services SRL, as a provider of direct debit payment service). If the User experiences any kind of deficiencies or incurs any kind of damages caused by third parties to the I’Velo General Terms and Conditions, the User relieves AGR of any responsibility and expressly and completely waives any right of action/complaint/claim against AGR, taking the necessary steps directly and exclusively against the relevant third party.

10. AVAILABILITY OF I’VELO SERVICES

• AGR makes every effort to ensure the availability of I’Velo Services for you.
• However, the availability of certain I’Velo Services may be affected by, but not limited to, the following circumstances:
  • limitations related to the size of the bicycle and electric scooters fleet:

The possibility of accessing the Rental Services will be limited to the available stock of the I’Velo Station or I’Velo Centre, respectively, at the time your request is received by AGR. AGR does not guarantee continuous availability of bicycles and electric scooters at the I’Velo Stations or I’Velo Centres, nor maintaining a minimum or constant number of available bicycles and electric scooters at the I’Velo Stations or I’Velo Centres.

If you find that no bicycles and electric scooters are available at a particular I’Velo Station or I’Velo Centre, you can access any of the Support Services to find out in which other I’Velo Stations or I’Velo Centres there are bicycles available or you can simply access the icon of the relevant I’Velo Station or I’Velo Centre from the App.

• limitations related to AGR’s schedule:

The bicycle or electric scooter pick-up and return to any of the I’Velo Centres is subject to compliance with the work schedule of the relevant I’Velo Centre. The applicable work schedule shall be the one displayed at the relevant I’Velo Centre, as well as on the I’Velo Website and in the App.

The Support Services are available from [Monday to Sunday], during [10am – 10pm] between March and October and during [10am – 6pm] between November and February, except on public holidays. Any requests sent to the Support Services will be settled, in principle, in their order of registration. AGR reserves the right to prioritize registered requests otherwise, without any justification.

• limitations related to seasonal characteristics:

I’Velo Services are valid for the entire calendar year, except for the Rental Services run through the I’Velo Centres, which are available, in principle, during April-October. Depending on objective factors, AGR reserves the right to determine the actual availability of the Rental Services during other time periods.

• limitations related to extreme weather conditions (the minimum temperature at which the electric scooter can operate is -10 degrees, and the maximum temperature is 45 degrees) that may limit access to I’Velo Services or other unforeseen circumstances:

AGR’s activity and, consequently, the availability of I’Velo Services may be affected by unforeseen events that are not under AGR’s control. For this reason, AGR does not guarantee the continuous availability of I’Velo Services.

• limitations related to the need to perform inspection, maintenance, repair or other similar works:

Certain inspection, maintenance, repair or other similar works are required periodically to ensure the operation of I’Velo Services and may temporarily affect the availability of certain I’Velo Services.  AGR makes every effort to ensure the availability of I’Velo Services is restored as soon as possible.

• limitations related to the performance of construction works, repairs, upgrades

AGR’s activity and, consequently, the availability of I’Velo Services in certain locations may be affected by the carrying out of certain construction works or repairs in the relevant area. AGR shall make every effort to ensure the availability of I’Velo Services is restored as soon as possible.

• limitations related to legislative changes or public authority decisions

AGR’s activity and, consequently, the availability of I’Velo Services may be affected by legislative changes or public authority decisions. In this case, AGR will notify all Users accordingly and shall not be held liable to any User.

• limitations related to public events, street manifestations

AGR’s activity and, consequently, the availability of I’Velo Services may be affected by the organization or occurrence of public events or manifestations.  In such cases, AGR will notify all Users accordingly and shall not be held liable to any User.

• AGR’s decision to withdraw or suspend I’Velo Services

In objective situations, AGR shall notify all Users if they decide to withdraw or suspend I’Velo Services and shall not be held liable in any way to the Users.

11. UNAUTHORIZED ACCESS TO A USER ACCOUNT

• You are bound to take all necessary steps to ensure the confidentiality of the User Account and associated password and to prevent any unauthorized use of your User Account, as well as to immediately notify AGR on any unauthorized use.
• If any of the information registered in the User Account, including its associated password, telephone number or card details, has been lost or if you have lost control over the same for any reason, please inform AGR as soon as possible by using any of the Support Services available.
• For the avoidance of doubt, AGR is not liable in any way for any direct or indirect damages that could result from or in connection with the failure to submit or late submission of the information indicated under letter (a)

12. I’VELO CARD

• The I’Velo Card is unique, personal and non-transferable to other individuals, and can be used to benefit from I’Velo Services exclusively on one’s own behalf.
• The I’Velo Card does not offer geo-location services.
• The I’Velo Card has some limitations in regard to the use of the I’Velo Services, that arise from the technical specifications of the equipment. Therefore, in order for the scooters to be used, a QR code must be scanned, and this cannot be done via the I’Velo Card.

13. BONUS POINTS, PROMOTIONAL CODES OR OTHER BENEFITS

• At its sole discretion, AGR may decide to award bonus points (“Bonus Points“) or generate promotional codes (“Promotional Codes”) that can be converted into credit for I’Velo Services, as well as other options or benefits associated with I’Velo Services, subject to any additional requirements that AGR shall impose for each such benefit.
• Regarding the Bonus Points, they are granted for the Users’ involvement in campaigns that encourage environmentally-friendly behaviour and eco-civic engagement, under the terms indicated by AGR upon implementation of a system for granting Bonus Points.

14. CONTENT SUPPLIED BY USERS

• At its sole discretion, AGR may periodically allow you to send, upload, publish or make available to AGR, through the App or User Accounts, content and information in text, audio and/or visual format, including comments and opinions about I’Velo Services, to submit requests for assistance and register for contests, campaigns, and promotions, or information regarding the I’Velo Project or the use of I’Velo Services (“Provided Content“).
• For the Provided Content delivered to AGR as a User, you are granting AGR a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sub-license, use, copy, modify, create derivative works, distribute, publish, and exploit in any way the Provided Content in all forms and on all distribution channels currently known or to be created in the future, without fulfilling any additional proceedings.
• You are bound not to deliver Provided Content that is degrading, slanderous, obscene, pornographic, violent, offensive, hateful, whether protected by law or not. AGR reserves the right to examine, monitor, delete, remove or notify the relevant authorities regarding the Provided Content, at its sole discretion, at any time and without any prior notice.

15. USER ACCOUNT SUSPENSION

• Your User account may be temporarily suspended, at AGR’s initiative, upon suspicion of a breach or upon finding a breach of any of these General Terms or of any obligation incumbent upon you under the law, without prior notice from AGR.
• Failure to pay any Costs will result in the temporary automatic suspension of your User Account, without prior notice from AGR.
• Your User Account may be temporarily suspended, at AGR’s initiative, for objective reasons that are not attributable to AGR (e.g. changes of legislation).
• Suspending a User Account will imply, by default, suspending the access to I’Velo Services.

16. I’VELO WEBSITE

The I’Velo General Terms and Conditions also define the conditions for use for the I’Velo Website […] by potential visitors or Users. Accessing and browsing the I’Velo Website (as well as using the App and, in general, accessing any I’Velo Services) represents the full and unconditional acceptance of these I’Velo General Terms and Conditions.

The content and design of the I’Velo Website, including its design, user experience, as well as the databases that can be accessed through such website, are the property of AGR and are protected by current Romanian law on copyright and related rights.

AGR reserves the right to change the content and/or structure of the I’Velo Website at any time and without any prior notice for this purpose.

You are forbidden to:

• redistribute, sell, decompile, disassemble the software applications on the I’Velo Website;

• copy, modify, display, distribute, transmit, publish, market, license, create derivative works or use the content of the I’Velo Website for any purpose without written confirmation from AGR.

The information on the I’Velo Website is made available to the Users free of charge, and AGR undertakes no responsibility for any damages caused by the use of the I’Velo Website, including, but not limited to:

• any interruption in the operation of the I’Velo Website;
• affecting any other systems by using the I’Velo Website;
• presence of viruses or other components that could harm the Users.

All information presented on the I’Velo Website is for information purposes only and shall not incur AGR’s liability in the absence of accessing the Rental Services.

Any personal data collected through the I’Velo Website shall be subject to the Information Notice on personal data processing

If the I’Velo Website contains any links/references to other websites, for the use of such links or references the general conditions for use applicable to such websites shall apply and AGR shall not be held liable for any damages caused by the same.

17. PERSONAL DATA PROCESSING

• The personal data of the Users related to the installation and use of the App, the I’Velo Website and access to the I’Velo Services shall be processed for the purposes and duration specified in the available Information Notice on personal data processing [=].

18. TERMINATION OF THE I’VELO CONTRACT

• The I’Velo Contract can be terminated by:
  • mutual agreement of AGR and the User;
  • unilateral withdrawal of I’Velo Services by AGR;
  • rightful termination, without prior notification, without granting a grace period, without court intervention and without fulfilling any other proceedings, at AGR’s initiative, resulting in the deactivation of your User Account and, implicitly, your access to I’Velo Services, by AGR, in the following situations:
    • if you adopt any inadequate or uncivilized conduct, including physical or verbal violence or any insulting, offensive, recalcitrant or abusive behaviour towards AGR, other Users, AGR’s staff or any other person, in general, which brings or may bring prejudice to AGR’s image and the availability of I’Velo Services; or
    • upon breach of any of the I’Velo General Terms and Conditions, including any additional terms specific to I’Velo Services accessed by; or
    • if more than 2 (two) years have passed since the last use of the Rental Services. In this latter case, you will be notified 5 (five) days before the expiry of the time period regarding the deactivation of your User Account and, unless you log in to your User Account before the expiry of this time period, it will be automatically deactivated;
  • termination by you, without observing a notice period, upon AGR’s written notification, if AGR violates or inadequately fulfils any of its obligations related to the quality assurance of I’Velo Services.
• The termination of the I’Velo Contract will not affect your obligations that are still pending on the date of termination.

19. APPLICABLE LAW

• These I’Velo General Terms and Conditions are governed by and shall be interpreted in accordance with the Romanian law.

20. DISPUTES

• In case of disputes, claims, litigations or the like arising from these I’Velo General Terms and Conditions or from accessing any I’Velo Services, the User and AGR will try to reach an amicable settlement. This provision shall in no case be construed as a restriction/conditioning (not even temporary) of AGR’s or the User’s right to refer the matter directly to the relevant courts, without the need to provide proof of an attempt to settle the dispute amicably.
• If it is impossible to reach an amicable settlement, provided that AGR and the User have opted for this approach, the dispute shall be submitted to and settled by the relevant Romanian court. Both AGR and the User are entitled, despite initiating an attempt to settle the dispute amicably, to refer the matter directly to the relevant courts, at any time, without the need to provide proof of an attempt to settle the dispute amicably.

21. MISCELLANEA

• The invalidity or inapplicability of any provision of these I’Velo General Terms and Conditions will not affect the validity or applicability of the other provisions, which will remain applicable and will continue to produce effects. If such invalidity or inapplicability is found, AGR shall replace the null or inapplicable provision with another provision which best reflect the initial intentions.
• AGR’s failure to comply or late compliance with any provision of these I’Velo General Terms and Conditions shall not constitute a waiver of such provision or a waiver of its application.
• These I’Velo General Terms and Conditions reflect the entire agreement and understanding between AGR and you regarding your access to I’Velo Services and shall replace any other previous promises, agreements, representations or undertakings, whether verbal or written, between AGR and you regarding the subject matter of these I’Velo General Terms and Conditions.

22. FURTHER AMENDMENTS AND REVISIONS

• AGR may change the I’Velo General Terms and Conditions at any time. Such changes shall be made public by their update on the I’Velo Website, in the App and in physical format, at the I’Velo Centres, and shall constitute an amendment to the I’Velo Contract. By continuing to access I’Velo Services you are confirming your acceptance of the updated version.
• Any amendment to the I’Velo General Terms and Conditions will produce effects towards you from the moment it is made public as specified above.

AGR makes every effort to ensure that each offered service has a comprehensive description of all the elements related to that service. However, AGR does not guarantee that the provisions set out in these I’Velo Terms and Conditions are complete, revised, error-free and satisfactory to all Users. Therefore, AGR reserves the right to periodically complete/modify/revise these I’Velo General Terms and Conditions, without any justification.

Also, it is the responsibility of the User to request the necessary clarifications from AGR at any time they consider that any of the provisions set out in these I’Velo General Terms and Conditions has insufficient details, lacks sufficient clarity, etc. In the absence of such requests for clarification, AGR will assume, in good faith, that the User has all the necessary information and is aware of all the obligations incumbent upon them and/or all the actions that they should/are recommended to take in order to avoid any risks to the health or life of their own person or other traffic participants, any material damages and/or of any other nature, in which case the User is solely and entirely responsible for any consequences of the use of I’Velo Services.

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 I hereby declare that I am 16 years of age or older.

 I hereby declare that I am aware of the provisions of the General Terms and I agree with the conclusion of the I’Velo Contract under the conditions specified in these General Terms. For clarity purposes, I hereby declare that I agree for my card, as indicated in the User Account, to be charged so as to cover the costs related to the Rental Services from which I will benefit.

 “By checking this option, you agree with the validation by Orange of your subscriber status in agreement with I’Velo T&C, every time you access the App.”

Annex no.1

Price List for I’Velo Bicycle Parts:

If, following the use of the I’Velo Services, any defects due to the use of the bicycle (other than normal wear and tear) are detected, the User will be bound to immediately pay the value of the spare parts necessary for the proper repair of the bicycle, as follows:

Tube: 9 lei.

Tire: 25 lei.

Brake lever: 10 lei.

Aluminium pedals: 15 lei.

Rear wheel with Nexus 3 hub: 280 lei.

Gear shifter:  35 lei.

Front wheel with dynamo hub: 190 lei.

Front wheel without dynamo: 45 lei.

Back wheel: 75 lei.

Kickstand: 25 lei.

Saddle: 30 lei.

Handlebar: 20 lei.

Double kickstand: 75 lei.

Plastic mudguards: 150 lei.

Plastic chain guards: 20 lei.

Anti-theft system: 35 lei.

Front/back fender: 20 lei.

Back hub 3 speeds: 170 lei.

Fork: 45 lei.

Total loss/bicycle theft 2019 model: 1300 lei.

Total loss/bicycle theft 3-speed model: 800 lei.

Total loss/bicycle theft 1-speed model: 630 lei.

Bicycle (in full, if AGR determines that the repair works are impossible): 1,300 lei.

If you are unable to return the bicycle to an I’Velo Centre or an I’Velo Station, we can offer a bicycle collection service for the following rates:

• for a distance of maximum 5 km from the nearest I’Velo Centre/Station – 30 lei / intervention + the cost of spare parts (if applicable);
• for a distance of maximum 10 km from the nearest I’Velo Centre/Station – 50 lei / intervention + the cost of spare parts (if applicable);
• for a distance of more than 10 km from the nearest I’Velo Centre/Station – 100 lei / intervention + the cost of spare parts (if applicable).

If you fail to observe the allocated riding time, in the first 24 hours you will owe and pay to AGR a late return penalty of 6 lei per hour. The fee of 6 lei will be calculated and due in full for each hour starting with the first minute of each hour of delay (for example, a delay of 1 hour and 1 ‘will incur a late return penalty of 12 lei).

If the failure to observe the rental time is not due to plain negligence, but rather to the serious fault/intentional behaviour of the User (such as, but not limited to, when the bicycle is locked using other devices or locations than the I’Velo Centres and/or Stations to maintain quick and easy access to the bicycle), AGR and the User, by concluding the I’Velo Contract, predetermine the Damages suffered by AGR at 1300 lei.

If the bicycle is not returned within 24 hours since starting the penalties (as described in the section above), such action will be considered theft/breach of trust and AGR reserves the right to initiate the necessary proceedings in order to report such actions to the relevant authorities, as well as to recover the incurred damages. In such situation, AGR and the User, by concluding the I’Velo Contract, predetermines the Damages to the equivalent value of a bicycle (by reference to its purchase price), namely the amount of 1,300 lei (penalty clause according to the provisions of the Civil Code of Romania), plus any additional costs incurred by AGR in order to recover the bicycle, if applicable.

The nature of the penalty clause is also agreed upon by the User and AGR for the other costs mentioned in this Annex no. 1.

Annex no.2

Price List for I’Velo Electric Scooter Parts:

If, following the use of the I’Velo Services, any defects due to the use of the electric scooter (other than normal wear and tear) are detected, the User will be bound to immediately pay the value of the spare parts necessary for the proper repair of the electric scooter, as follows:

Electrical engine + wheel – 500 lei

Wheel – 200 lei

Plastic display case – 50 lei

Display system – 200 lei

Light – 100 lei

Kickstand – 50 lei

Scooter stem – 280 lei

Brake/Throttle lever – 100 lei

Back wheel mudguard – 140 lei

Fork – 300 lei

Metallic gripping flange – 130 lei

Handlebar handle/per piece – 80 lei

Front wheel fender – 100 lei

Electric scooter (in its entirety, in the event that AGR concludes that the repairs are not possible): 2800 lei

In the event you cannot return the electric scooter to an I’Velo Centre or I’Velo Station, we can offer a service against remuneration for the pick-up of the electric scooter, amounting to the following costs:

• at a distance of maximum 5 km from the closest I’Velo Centre/ Station – 30 lei/intervention + the cost for the parts (if applicable);
• at a distance of maximum 10 km from the closest I’Velo Centre/ Station – 50 lei/intervention + the cost for the parts (if applicable);
• at a distance of over 10 km from the closest I’Velo Centre/ Station – 100 lei/intervention + the cost for the parts (if applicable).

In the event that you do not comply with the rental period allotted for your ride, in the first 24 hours you will owe and pay to AGR a compensation for delay of 6 lei per hour. The 6 lei cost will be calculated and owed in full for each hour, starting with the first minute of each hour of delay. For those who have a subscription that includes the unlimited use of an electric scooter, in case that they do not comply with the rule of scanning and extending the rental period once every 120 minutes, the above-mentioned cost of 6 lei/hour will apply. The total value owed for the delay cannot be greater than the value of the electric scooter.

For the avoidance of doubt, the provisions specified above do not apply to the pay-per-use electric scooter users. In their case, the cost is displayed on the electric scooter screen.

In the event that the failure to comply with the rental period is not due to pure negligence, but rather to a severe fault/the will of the User (such as, without being limited to, locking the electric scooter using any other device and location than the I’Velo Centres and/or Stations for preserving the quick and easy access to it), AGR and the User, by concluding the I’Velo Contract, predetermine the Damage brought to AGR to amount to 2800 lei.

In the event that the electric scooter is not returned in 24 hours from when the penalties started being incurred (as they are described in the section above), the action will be considered theft/breach of trust and AGR reserves the right to start the necessary proceedings for reporting to the competent bodies, as well as for recovering the damage. In this situation, AGR and the User, by concluding the I’Velo Contract, predetermine the Damage to amount to 2800 lei (penalty clause according to the provisions of the Civil Code of Romania), to which, if applicable, potential additional costs incurred by AGR for its recovery will be added.

The penalty clause nature is agreed upon by the User and AGR regarding the other costs mentioned in this Annex no. 2 as well.