I’VELO RELAX GENERAL TERMS AND CONDITIONS
We, Asociația Green Revolution, an association registered and operating in accordance with Romanian legislation, based in Avrig Street no. 21-31, bl. U2, sc. 1, 10th floor, apt. 43, district 2, Bucharest, registered in the Register of Associations and Foundations attached to the Bucharest district 2 Court of Law under no. 36 of March 25, 2009 (“AGR”) promote the use of ecological and economic means and solutions of transport, in particular the use of bicycle as an alternative means of transport, in our activity.
For this purpose, you (“the User”) can enjoy bike rental services for recreational purposes at I’Velo Relax Centers (“I’Velo Relax Services”), under the terms and conditions specified below (“the Terms” or “I’Velo Relax Terms”):
- The I’Velo Relax terms apply in relation to your possibility to benefit from I’Velo Relax Services and subject to your acceptance, they will form the Agreement between you and AGR for this purpose (“I’Velo Relax Agreement”).
- Ordering any I’Velo Relax Service from AGR is conditional on the acceptance of these I’Velo Relax Terms, in the version applicable on the date of the order.
- I’VELO RELAX SERVICES
- In order to benefit from one or more I’Velo Relax Services, it is necessary to meet the following cumulative preconditions:
- To show a valid identity document to the AGR representative at the I’Velo Relax center in question proving your identity, as well as the fact that you are at least 14 years of age at the time of purchase of the I’Velo Relax Service.
This condition is met by presenting one of the following documents: identity card, passport, driving license, before enjoying any I’Velo Relax Service.
If, for any reason, there is any suspicion about your identity, AGR can ask you to present an additional identity document, through the staff of that I’Velo Relax center.
- Payment in advance by the User of the costs associated with each I’Velo Relax Service;
The applicable costs may vary depending on the category of the User and the duration of the actual rental.
The costs * relating to the purchase of the I’Velo Relax Service are:
- 6 RON/ hour
- 10 RON/ 2 hours
- 30 RON/ 24 hours
In case the duration for which the expenses have been incurred is exceeded, an additional cost of 6 RON/ hour of delay shall be applied.
* young people under the age of 16 and pensioners can benefit from the I’Velo Relax Service free of charge, have free access up to 2 hours/ day , under the conditions specified in point (c) below.
These conditions will be visibly displayed at the respective I’Velo Relax Center.
- Checking if, at the time of acquiring the I’Velo Relax Service, you have a proper physical and mental health to ride a bike.
You have the obligation to inform AGR staff at the I’Velo Relax Center if you have consumed alcoholic drinks, drugs or any hallucinogenic substances before benefiting from any I’Velo Relax Service. The conclusion of the I’Velo Relax Agreement and / or the opportunity to benefit from an I’Velo Relax Service will be refused if you refuse or omit to communicate such aspects, as well as in the case of any reasonable suspicion with regard to the fact that you are in a state incompatible with cycling.
Also, the conclusion of the I’Velo Relax Agreement and / or the opportunity to benefit from an I’Velo Relax Service will be refused by AGR, if you show, at any time, improper or uncivilized behavior with manifestations of physical or verbal violence against other Users, AGR staff or any other person, in general, as well as in any other well-founded cases.
- After checks are made regarding your compliance with the above conditions, you will have the right to rent a bike from the fleet available at the time of requesting the I’Velo Relax Service in that center. Renting more bicycles by a single person can only be done exceptionally under the conditions described in Art. 3
- Failure to comply with any of the conditions set out in (a), and the refusal to provide an identity document or, if applicable, an additional identity document, the existence of any suspicions related to any discrepancy between the data in the identity documents submitted and the factual situation, as well as the submission of invalid identity documents will prevent you from enjoying the I’Velo Relax Service, even if you have the status of I’Velo Relax User at the time of the request.
By way of exception, persons aged under 16 years (considering that people acquire legal capacity to work at the age of 16) and pensioners, benefit from the I’Velo Relax Service without paying the costs given that these categories of people have, in principle, lower incomes. Exemption from payment applies for up to 2 hours of rental per day.
- SPECIAL CONDITIONS FOR MINORS
- Minors who have not reached 14 years of age cannot rent a bike in their own name.
- If you meet the conditions indicated in 2(a) and you are the legal representative of a minor (parent, guardian, etc.) who is under the age of 14, you can benefit from the I’Velo Relax Service free of charge for that minor. You will be fully responsible for the safety of that minor while benefiting from the I’Velo Relax Service.
- We specifically draw your attention to the fact that, according to the regulations in force, more precisely according to Article 70(2) of the Emergency Ordinance No. 195/2002 concerning the traffic on public roads, minors under the age of 14 are not allowed to ride a bike on public roads; therefore, they are not allowed to cycle outside the perimeter of the park where the rental center is located, wherefrom they take the bike. AGR will under no circumstances be held responsible for any consequence of the use of the bicycle by minors under 14 years of age outside the park.
- The possibility to benefit from the I’Velo Relax Service under the conditions indicated in Art.3(b) shall be limited to the provision of a maximum of 3 (three) bicycles, one for your own use and 2 (two) for the use of two minors for which you are responsible.
- HANDING OVER THE BIKE AND OTHER FORMALITIES. THE CONCLUSION OF THE I’VELO RELAX AGREEMENT AND THE STATUS OF I’VELO RELAX USER
- AGR will verify, by the staff present at the I’Velo Relax Center concerned, the fulfillment of the conditions so that you can benefit from the I’Velo Relax Service.
- In the event of fulfillment of all general conditions and, as the case may be, the special conditions for minors, you will be asked about the time interval during which you wish to benefit from the I’Velo Relax Service (for the purpose of determining the amount to be paid in advance). After paying the cost, you will be handed over the tax receipt. In case you are not given the tax receipt, you have the obligation to ask for it.
- In addition, when you order I’Velo Relax Services for the first time in a season you will be required to certify the acknowledgment and acceptance of the Terms, by accessing the unique link sent to your e-mail address at registration and declaring your acceptance by ticking the appropriate box. Your acceptance will result in the conclusion of the I’Velo Relax Agreement.
- At the conclusion of the I’Velo Relax Agreement, you will acquire the status of I’Velo Relax User. Given the seasonal nature of cycling in Romania, you will keep the status of I’Velo Relax User throughout the season in which the bike is rented, and for the next season. For the avoidance of doubt, the user status will cease at the end of the season following the season in which you have benefited for the last time from I’Velo Relax Services, in any case not later than [31 November] of the year following the year in which you have benefited from I’Velo Relax Services under this I’Velo Relax Agreement.
- DURATION OF EACH I’VELO RELAX SERVICE
- Any bicycle shall be made available to you exclusively within the period for which the related costs have been paid, within the meaning of Art. 2(a)(ii).
- YOUR GENERAL OBLIGATIONS
- You have the obligation to use any bicycle only for the purpose for which it was made available to you, namely for recreational activities. Also, you have the obligation to use the bicycle as a good owner, observing the usual rules of use and operating conditions.
- You have the obligation to use the bicycle safely and to comply with all the rules in force which may be relevant, including the rules regarding traffic on public roads. In case of failure to comply with any obligation, you will be solely responsible.
- The I’Velo Relax Service is provided by AGR exclusively for your personal use. The use of the bicycle by other persons, during the time interval it is made available to you under the I’Velo Relax Agreement, is forbidden, unless AGR has given its prior written consent for such use. In case you allow or tolerate in any way the use of the bicycle by any other person, in the absence of a prior written consent from AGR, you shall remain personally and solely responsible to AGR.
- In addition, you have the obligation to comply with any and all instructions received in connection with the use of the bicycle handed over.
- THE OBLIGATION OF RETURNING
- At the expiry of the time interval for which the related costs have been paid, you have the obligation to return the bicycle to any I’Velo Relax Center, in the same condition as the one in which it was when taking it over. This obligation shall apply accordingly for each bicycle, in the case in which you have been given more bicycles.
- In case of delayed return of the bicycle, you will have to bear the full costs of renting for the additional interval. Costs shall not apply fractionally. For the sake of clarity, fractions of hours of delay will be regarded as distinct hours.
- If the bicycle is not returned, you will be liable for damages equivalent to its value, plus any additional costs incurred by AGR for its recovery. For the purpose of this provision, you agree that the value of the bicycle is equivalent to its purchase price. It will be considered that a bicycle is not returned if the delay in return is longer than 24 hours or if the bicycle is not returned until the end of the I’Velo Relax Center’s work program, as it is visibly displayed at the center, whichever comes first.
We specifically draw your attention to the fact that failure to return the bicycle constitutes the offense of breach of trust provided for by Art. 238 of the Criminal Code, punishable by no less than 3 months and no more than 2 years of imprisonment or by a fine. Consequently, if the bicycle is not returned, AGR reserves the right to notify the criminal investigation authorities, so as to take the necessary measures.
- If the bicycle presents any defects or damages at the time of return, you will be required to bear the cost of repairing or replacing the parts which would be necessary to bring the bicycle to its condition at the time it was handed over to you. For the avoidance of doubt, the costs of replacing the relevant parts are:
– Chain guard 15 RON
– Handle bar 10 RON
– Pipe 15 RON
– Wing + support 15 RON
– Metal basket 40 RON
– Front wheel 40 RON
– Rear wheel 70 RON
– Off-centre wheel 20 RON
– Theft / Frame / Bike Fully Destroyed – 630 RON
– Bicycle breakdown 7 RON
– Fork 40 RON
– Chain 10 RON
– Front / rear wing 10 RON
– Pedal 7 RON (1 pc.)
– Brake lever 10 RON
– V-BRAKE 5 RON
– Brake pads 5 RON
– Fascia board 20 RON
– Crank 15 RON
– Tire 15 RON
– Saddle 25 RON
– Bell 4 RON
– Rear hub 40 RON
– Sleeve 2 RON
– Brake lever 5 RON
– Dynamo 15 RON
– Electric light 10 RON
– Electric stop device 10 RON
– Antitheft device 25 RON
- AGR RESPONSIBILITY
- AGR shall make every effort to maintain and repair the fleet of bicycles made available under the I’Velo Relax Service. Any defects, malfunctions or damage noted when taking over the bicycle, must be immediately brought to the attention of AGR at the time of taking over the bicycle. In the case of taking over the bicycle without objection, it is assumed that it was handed over in normal running order, without any apparent defects or faults.
- AGR shall not be responsible in any way for or in connection with the use of the bicycle by you in a manner that is contrary to your safety and that of others or that breaches any of the obligations incumbent upon you.
- TERMINATION OF I’VELO RELAX AGREEMENT
- The I’Velo Relax Agreement shall cease on the date of losing the status of I’Velo Relax User, according to Art. 4(d)
- The I’Velo Relax Agreement may be terminated by: (i) the written consent between AGR and you to terminate the Agreement; (ii) unilateral denunciation of the Agreement by either Party, subject to a 10-day notice; (iii) termination of the Agreement by either Party.
- Termination of the I’velo Relax Agreement shall be without prejudice to your outstanding obligations at the time of termination.
- APPLICABLE LAW
- These I’Velo Relax Terms shall be governed by and interpreted in accordance with the Romanian law.
- Nullity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions that will remain enforceable and will continue to have effect. In the event of any such nullity or unenforceability, AGR will replace the null or unenforceable provision with another provision that comes as close as possible to the initial intention.
- Failure or delay by AGR to enforce any provision of these Terms will not constitute a waiver of that provision or of its enforcement.
- These Terms constitute the entire understanding and the entire agreement between us and you relating to the provision of I’Velo Relax Services to you and will replace any previous promises, agreements, declarations, assumptions or implications, whether made orally or in writing, between us and you with respect thereto.
- SUBSEQUENT AMENDMENTS AND REVIEWS
- AGR can modify the Terms, in which case this version will be replaced by a new version. Such modifications will be brought to your attention and will constitute a modification of the Agreement, being conditional upon your acceptance.
- No changes to the Terms shall be binding on you unless you were properly informed and you accepted them.
- I declare that I am aware of the provisions of I’Velo Relax terms and that I agree to the conclusion of the I’Velo Relax Agreement under the conditions specified in these Terms.