TECO MOBILITY SERVICE TERMS OF USE 1 MAY 2024

1. General

In this Agreement

1.1 Definitions

TECO MOBILITY service refers to the provision of the rental service shared-use electric bicycles, provided by the service provider to customers for use in the Spanish cities and urban zone in accordance with the terms of use set forth in this agreement. Service provider refers to TECO Global Mobility S.L (Carril de la Cordobesa 29, 29003 MALAGA, SPAIN) who is the organizer of the city bike service in accordance with the terms of use set forth in this agreement User refers to the customer using the city bike service provided by the city in accordance with the terms of use set forth in this agreement Bike season refers to the period of time when the city bike service is available for general use in accordance with the terms of use set forth in this agreement. The bike season is generally all year round. City bike ride time refers to the period of time the user is using the city bike in accordance with the terms of use set forth in this agreement

1.2 Purpose and general terms of use

This Agreement sets forth the terms of use (hereinafter Terms of Use) of the city bike service provided by TECO MOBILITY (hereinafter Service) for the person using the service (hereinafter User) governing the use of the TECO MOBILITY. The service is provided by TECO MOBILITY (hereinafter Service Provider).

 

City bikes are e-assist shared bikes that can be used by users in the authorized urban zone as specified later in this Agreement.

 

A city bike shall be used only for cycling within the approved zone determined by the Service Provider and only in areas and roads specifically designated for cycling. Valid traffic rules and weather-specific care and caution to avoid hazard and damage must be observed when cycling.

 

A Service User can be anyone of 15 years or over who has tapped their payment card on the bike reader or has registered successfully as a Service User, who has provided their personal data and accepted the valid Terms of Use set out by the Service Provider. Otherwise, use of the Service is not possible. In addition, the right of the User to use the Service may be cancelled or denied in situations described later in these Terms of Use.

 

To use the Service, the User must accept the TECO MOBILITY Service Terms of Use laid down in this Agreement. These Terms of Use shall apply to all content of the Service specified in this Agreement unless otherwise indicated or agreed separately. By accepting the Terms of Use, the User affirms having studied the Terms of Use and agrees to comply with them. In order to use the Service, the User must accept the Terms of Use. In addition, the right of the User to use the Service may be cancelled or denied in situations described later in these Terms of Use.

 

2. Registration, personal details and right to use the Service

To use the Service, the person accepted as a User shall either tap with their payment card on the bike reader or else shall register electronically as a Service User in a way described later and, at the same time, pay for the selected right of use. The User may visit the website of the Service provider at https://www.tecomobility.es/ The Service Provider has the right to later add to the Service other methods of registration or payment related to the use of city bikes.

 

Users who tap using their payment card accept that there will be an 20 Euro preauthorization on their payment card. This money will be used to cover the costs of the ride and will be cancelled at the end of the ride after the ride has been paid. When registering, the client agrees to automatic payments which occur when her/his credit balance is in minus. The automatic payment and automatic balancing of a client’s account happen every day around midnight CET in the maximum amount of 500 euro.

 

The automatic payment is active for a period of 2 years from registration of the user and it is possible to cancel by contacting the customer service line via the email that the user receives upon every notification of such payments.

 

Upon registration, the User shall provide such data as is required for the use of the Service and consent to providing the necessary personal details for purposes specified later in these Terms of Use. The data required in connection with the registration includes details classified as personal.

 

The Service Provider guarantees that all personal data is processed with due care, in compliance with the rules of confidentiality and current legislation and to the extent that is necessary.

 

In addition, User data may be used for statistical purposes to monitor the use of and improve the Service. Moreover, the contact details of the User may be used for communication between the User and the Service Provider and for provision of information about the Service. The contact details of the User shall not be used for direct marketing.

 

The User shall have the right to check and, when necessary, change their personal data on the website of the Service, through the TECO MOBILITY application or by contacting the customer service of the Service Provider. The User also has the right to request access to their personal data from the Service Provider as provided in current legislation.

 

Once the Service Provider has accepted the User’s registration as a Service User or else after the user has tapped on the payment card reader on the bike, the User shall have the right to use the Service according to the Terms of Use set forth in this Agreement.

 

Users who use their payment card to tap on the reader on the bike are not identified. Users who register on the website are identified by a personal user ID and unique User password and a related Phone number when they log onto the TECO MOBILITY Service website. The User shall save or store their cyclist ID/unique password and the related phone number in a safe and reliable manner and not allow a third person to use their personal cyclist ID/unique password or the related phone number. The User shall be responsible for all Services used with their credentials (user ID/unique password and phone number) and for any costs and fees incurred and potential damages related to these.

 

If the User forgets their user ID/unique password, they can apply for a reset using the recovery of credentials feature on the TECO MOBILITY Service website. If the User right covers the use of several city bikes with the same cyclist ID/phone number at the same time, the User shall be responsible for all city bikes used with their credentials until they are returned in accordance with the Terms of Use set forth in this Agreement.

 

The User can cancel their registration by contacting the customer service of the Service Provider. However, the fees previously paid by the User shall not be refunded afterwards if the User themselves cancels the registration.

 

3. Availability and scope of the Service

The TECO MOBILITY of the City Bike Service are available to the User throughout the specified city bike season. The Service Provider reserves the sole right to determine the duration of the city bike season, location and number of the city bike stations as well as to decide/make necessary changes concerning the quality and number of bikes.

 

The Service Provider shall have the right to decide to close a city bike station in exceptional situations during the cycling season or remove one or several city bikes from service temporarily without liability to compensate. Also, one or more of the city bike stations for returning the bikes can change or remain closed during the validity period of the Agreement without liability.

 

The Service Provider shall not guarantee the constant availability of city bikes in all bike stations. It is possible that all bikes at a specific station are in use at the same time. However, non-availability of city bikes at a specific city bike station shall not be regarded as a breach of agreement or other shortcoming in the production of the Service which is the subject of this Agreement and therefore the Service Provider shall not be liable for damages or compensation.

 

The User shall agree not to claim damages or any other compensation from the Service Provider concerning the number, placement or accessibility of the bikes used in the Service.

 

The Service website and the TECO MOBILITY application can be used during the validity of the Service Agreement. The Service Provider shall not be liable for potential accessibility or connection issues concerning the website or the TECO MOBILITY application that may prevent use of the Service with some devices or for a certain period of time, or for any other direct or indirect damage or other corresponding issue experienced by the User, if caused by a third party.

 

The Service Provider has the right to develop the Service and alter the Service or its content in a way it considers necessary, without liability for damages to the User, because the activity can be regarded as development of the operability and quality of the Service. Any alterations in the Service times or exceptions to the Service or its use shall be reported as early as possible and well before the change is enforced.

 

4. Time of use of the Service

Once a person meeting the conditions has registered as a Service User in a way described above and paid the fee for the selected right of use of the Service, they can start using the Service.

 

The time of use of the City Bike Service ends upon expiry or termination of the right of use of the Service of the User, or when the User has cancelled their registration in a way described above.

 

The time of use of a city bike begins from the moment the User collects a city bike. The time of use is calculated from the moment the User collects a bike through The TECO MOBILITY application or with a contactless payment card, or in another way specified by the Service Provider.

 

According to the provisions of this Agreement, the User shall notify the customer service of the TECO MOBILITY of any problems in connection with collection or return of a city bike without delay and in a reliable manner. A problem or a shortcoming must be reported without delay and latest within two (2) days from the time it was detected, and if a problem concerning the usability of the Service has not been reported within the given period, the User shall lose the right to claim any damages or other compensation against the Service Provider in the said matter. Problems in the usability of the Service and related claims for damages reported late shall not be valid.

 

5. Customer Service

Further information and help in the use of the Service are available for the User, if needed, on the Service website and the TECO MOBILITY application. The contact information of the customer service can be found on the Service website, TECO MOBILITY application and at the city bike stations. The User can choose the way to contact the Service Provider.

 

The Service Provider reserves the sole right to decide on the opening hours and the extent of the customer service.

 

6. Fees

The current fees of the Service are available on the City Bike Service’s website and in the TECO MOBILITY application. The Service Provider has the sole right, without liability for damages, to change the Service fees. However, changes shall be announced well before their implementation.

 

Users who have tapped their payment card on the reader of the bike will be charged 15 Euro cents per minute plus the charge for parking. If the cost of ride approaches the amount of the pre-authorization, the rider will be advised by the display on bike that the ride will shortly end. When the ride ends, the bike’s engine will start to brake and the bike will come to a stop. To continue riding the user needs to tap their payment card on the reader again. 

 

Use of the Service without provision of details of a valid payment card that is in use, or another method of payment approved by the Service Provider, is not possible. If the payment card cannot be charged or a Service fee is not paid in due time or in accordance with the Terms of Use set forth by the Service provider, the Service Provider has the right, without liability for damages, to interrupt or cancel the provision of the Service to the User and to transfer the unpaid Service debts to be collected by means considered necessary. In such a case, the User shall be liable to cover the collection costs and penalty interests and other costs incurred by debt collection. Payment card information can be attached to the information of several registered users. At that time, the payment card holder is responsible for all accrued charges for all city bike accounts connected to the payment card.

 

The ride time of a city bike ends when the bike has been successfully returned as provided in this Agreement. The User can start a new city bike ride under the same Terms of Use. 

 

If a city bike is not successfully returned within eight hours from picking up the bike as provided in the Terms of Use, the User may be charged 100 euros for breach of agreement. In addition, the user shall be liable for any other damages caused to the Service Provider.

 

The User shall not be liable for damages to a lost city bike, if information given by the User proves that the bike was stolen and if the theft was reported to the police or to the TECO MOBILITY customer service, within two (2) days from the beginning of the ride time, as described in more detail later in this Agreement.

 

If the User uses the pause feature, an extra fee specific to their right of use shall be charged for the duration of the pause according to the valid pricelist. The extra fees shall be automatically charged to the payment card registered in the Service by the User, or in another manner approved by the Service Provider. The Service cannot be used without providing details of the payment card. If the User fails to pay the approved fee for the use of a bike or if it not possible to charge the fee to the User’s payment card, the Service provider has the right to transfer the unpaid Service debts to be collected by means considered necessary.

 

If the continuous use of a citybike exceeds the maximum pause time set for the right of use in question, the bike is automatically returned from the pause mode and it will be at the disposal of other Users. If the bike is in a non-return zone specified later in this Agreement when the automatic pause ends, it is not returned automatically and the bike remains at the disposal and under the liability of the User. The Service Provider has the right to automatically charge the aforementioned penalty payments for breach of the Terms of Use and the Agreement to the User.

 

A city bike can be returned to a city bike station free of charge. If a citybike is not returned to a free return zone, an extra fee determined for the right of use in question in accordance with the valid price list shall be charged. The fee is charged automatically to the payment card registered by the User in the Service, or by using another method of payment approved by the Service Provider. If the fee cannot be charged to the User, the Service Provider shall transfer the unpaid Service fees to be collected by means considered necessary.

 

The User shall return the bike according to the terms of this Agreement. A city bike cannot be returned to a non-return zone and the user agrees to return the bike to the nearest city bike station or free return area. The City Bike Service zone, city bike stations, zones of free return and non-return zones have been marked on a map available on the Service website and in the TECO MOBILITY application.

 

A city bike cannot be successfully returned to a non-return zone. The system does not accept the return of the bike and Users gets a message from the TECO MOBILITY application and/or handlebar digital display. The User shall return the bike to a city bike station and make sure from the TECO MOBILITY application and/or handlebar digital display that the return process is successfully completed. A User returning a city bike to a non-return zone in breach of the Terms of Use of this Agreement continues to be liable for the bike, and the extra fees for exceeding the ride time are valid in the same way as if the User continued to use the city bike, as stated above.

 

The service provider makes possible compensation for the registered user primarily to the city bike account. All refunds of EUR 5 and less will only be made to the city bike account. The user can use their balance in the city bike account for the pause function, off-station refund or as a payment or part payment. The user may, for a justified reason, request (removal from the locality, etc.) the closure of the city bike account. In this connection, the balance remaining in the city bike account will be returned to the customer's bank account at the customer's request. Amounts less than 5 euros will not be refunded.

 

7. User’s Obligations and Liabilities

The User shall agree to use the Service in compliance with the Terms of Use specified in this Agreement, which are binding to the User, and the User shall pay the fees for use of the Service according to the current price list. The User shall read through and commit to complying with the current Terms of Use and instructions, valid price list and any other orders or instructions given by the Service Provider.

 

The User shall agree to use the Service appropriately, with consideration to the current legislation, without causing disturbance or hazard to others, and for the normal purpose of the Service (cycling) and only in appropriate environments designated for cycling.

 

The User of the City Bike Service shall agree to follow current traffic rules and exercise due caution and consideration of the conditions to avoid hazard and damage.

 

The User shall be liable for paying for the services they use and for paying damages and other compensation for the bike they use until the bike has been successfully returned in accordance with the Terms of Use set forth this Agreement.

 

The User shall take effort to prevent vandalism and theft of the city bike at their disposal and to exercise special caution in using a city bike.

 

However, the User shall not be liable for damage to the city bike if the User has used the city bike in accordance with the Terms of Use set forth in this Agreement and exercised normal caution in using the citybike. The User shall be liable for damages and other compensation for all damages caused to a citybike intentionally or through gross negligence, or any damages caused to third parties throughout the use of the Service even if the damage was caused by a third party. Discretion may be used to exempt the User from the liability for damages if they file a report of an offence to the police within two (2) days from the incident. A copy of the report shall be delivered to the TECO MOBILITY customer service.

 

If the city bike being used by the User is involved in an accident, damaged for another similar reason or stolen, the User shall agree to notify the TECO MOBILITY customer service thereof within two (2) hours and, if necessary, file a report to the police within two (2) days. A copy of the report shall be delivered to the TECO MOBILITY customer service without delay.

 

If the User has been taken to hospital for treatment of injuries or if the User is, for some other reason beyond their control, unable to file the aforementioned report in the set time to the TECO MOBILITY customer service or to the police, calculation of the deadline shall begin from the moment the reason preventing the User from filing the report has ceased to exist.

 

Collecting a city bike

 

The User shall make sure that before using the Service they are well familiar with the properties of the city bike and how it is used. The User shall take these facts into consideration already before using the bike. The user must be in the immediate vicinity of the city bike to be used when borrowing the bike.

 

In addition, the User shall always carefully inspect the condition of a city bike before collecting and driving it in a way specified later in this Agreement, because the User, for their part, is also responsible for the safe use of the Service.

 

Therefore the User shall ensure the condition and safety of the following parts of the bike to be used:

 

chain, saddle and pedals are intact and firmly fixed

brakes, bell and lights work

frame and tyres are in proper condition and intact

The light is switched on when the user presses the bike’s brake lever

the bike is also otherwise visually roadworthy.

If the User discovers that the city bike is not intact or otherwise not roadworthy, the User shall agree not to use a damaged or broken bike. The User shall also notify the TECO MOBILITY customer service of the faults and shortcomings of the bike immediately.

 

The Service Provider shall not be responsible for the condition of a city bike after the User has inspected the bike, picked it up and began to use the Service or when the User is otherwise responsible for the city bike. If the User is observed to use a city bike against its intended use causing hazard or other harm, or otherwise contrary to the Terms of Use set forth in this Agreement, the User is liable for returning the city bike to a bike station or to the Service provider when requested.

 

Returning and parking of city bikes

 

When a city bike is returned it must be parked carefully in a visible place in accordance with the Terms of Use set forth in this Agreement. The city bike shall not be parked in such a way as to cause hazard or harm.

 

The User shall park the city bike carefully and in compliance with the current traffic rules. In addition, the User shall ensure that the parked bike does not cause hazard or harm and that the bike does not prevent/block the road of other people and vehicles in traffic, and that the bike does not cause damage to the Service provider or the property of the Service Provider, or to third parties or the property of third parties.

 

Whenever a city bike is parked or stands without the User, the kickstand must be used. It is recommended that the city bike be parked into a free bike stand at a city bike station making sure that it does not prevent or hamper the use of other city bikes at the station.

 

Returning city bikes to the following places is forbidden:

 

inside buildings or motor vehicles

courtyards with a fence or property courtyards

in front of emergency exits or emergency access roads or close to these in a way causing hazard or harm

traffic lights or carriageway

Parking lots for motor vehicles

Pedestrian walkways if parking of the bike would narrow the width of the walkway to less than 1.5 metres

Water or edge of water.

Furthermore, it is forbidden to return a city bike in a way that may be considered as hazardous or harmful to other people in traffic, the traffic and to third parties or the property of third parties.

Returning a city bike beyond the approved zone is forbidden. The approved zone limits can be checked from the Service website and the TECO MOBILITY application. The returned city bike shall be visible (not hidden) and accessible to the next user. A city bike shall be returned within the approved zone limits presented on the Service website and in the TECO MOBILITY application. A city bike shall not be returned to the designated non-return areas within the approved zone of use. The User alone is liable for ensuring the proper and safe return of their city bike according to the Terms of Use of this Agreement.

 

The User shall notify the Service provider of any incorrect confirmation of return of a bike by the data system to enable the Service Provider to correct the mistake.

 

If the User does not return the city bike to a city bike station or to an approved return zone as provided in the Terms of Use, or otherwise acts in breach of the Agreement in this respect, the Service Provider shall have the right to charge to the User a penalty fee according to the current price list.

 

Liabilities of the User in case of an accident

 

In case of an accident the User shall prevent the escalation of the damage or occurrence of further damage and call for help.

 

The User shall call the emergency number 112 in all urgent and real emergency situations, which threaten the life, health or property of a person, or the environment, or in a similar serious or grave situation.

 

The User shall report to the TECO MOBILITY customer service all accidents that the city bike in their earlier or current use has been involved in or damaged. If an accident involves the property of a third person or other persons, the User shall report the incident also to the police without delay and latest within two (2) days from the accident. If the User fails to fulfil this obligation, they shall be liable for all potential damages caused to the city bike at their disposal.

 

8. Other rights of the Service Provider and limitations on liability

The Service Provider shall not be liable for any damage caused with the city bikes to the User or to third parties.

 

The Service Provider shall reserve the sole right to prevent access to the Service or to exclude a User from the Service and/or impose an immediate temporary ban of use for a User who violates the essential obligations specified in the Terms of Use and in this Agreement. A User prevented from using the Service shall not be entitled to any compensation for loss of right of use of the Service, or remuneration of fees already paid, from the Service Provider based on breach of agreement or other corresponding grounds.

 

Before the right of use is renewed, the Service Provider has the right to inspect that any period of ban has ceased, that the User has registered again for the Service and that the User has paid any unpaid fees to the Service Provider. If a period of ban has not ceased or the User has not paid all unpaid dues, the Service Provider is not obliged to provide the Service to the User. The User shall agree not to claim any damages or other compensation from the Service Provider in such a case.

 

The Service Provider shall not guarantee an uninterrupted error-free Service. For example, the availability of a bike or the battery level of a bike is not guaranteed. The Service provider shall not be liable for any disruptions to the Service or other problems and errors, and for any damages or related damages to third parties. The Service Provider shall not be liable to the User or to a third party for any errors and damages caused by the activity of a third party or any other reason beyond the control of the Service Provider.

 

The Service provider shall be liable to the User only for direct damages caused by a deliberate or grossly negligent breach of the Terms of Use.

 

The Service Provider reserves the sole right to change these Terms of Use without liability for damages. The User is obliged to use the Service in accordance with the current Terms of Use. However, notice of the aforementioned changes in the Terms of Use shall be given before they enter into force.

 

9. Applicable law, settling of disputes and changing the Terms of Use

The Terms of Use and the Service provided by the Service Provider are governed by Spanish law. Any disputes shall be settled primarily through negotiations between the parties. Disputes not settled by negotiation can be referred to the District Court of Malaga, Spain by any one of the parties.