TERMS AND CONDITIONS OF 1-YEAR, OR 30-DAY ACCESS AND USE OF THE BIXI SERVICE BY SUBSCRIBERS ( T.C.A.U. ) SECTION 1 PURPOSE OF THE BIXI SERVICE 1.1 BIXI is a public bike sharing scheme ( Service ). 1.2 The scheme is set up by the City of Montreal ( City ) and managed by the Société de vélo en libre-service (Public Bike System Company) ( Provider ). SECTION 2 ORGANIZATION OF THE BIXI SERVICE 2.1 The Service is comprised of bicycle stations ( Stations ) which include an automated pay station ( Pay Station ) and stands for the docking of bicycles allocated to the Service ( Bike Docks ), for the purposes of the renting, docking and locking of bicycles, as well as the identification of subscribers via the BIXI key. 2.2 Under the Service, bicycles can be rented and returned to any Station of the Service. SECTION 3 SUBSCRIPTION TO THE BIXI SERVICE 3.1 Long-term subscriptions are valid during the period of Service being from April 15 th to November 15 th, and expire after 365 days (one year), or 30 days. 3.2 A registration form is available and may be completed online at https://montreal.bixi.com. 3.3 Long-term subscriptions may be renewed up to a year after the expiry date. 3.4 You can apply for renewal online by registering under My BIXI space at https://montreal.bixi.com 3.5 Subscribers retain their credits and debits when renewing their subscription. 3.6 After the one-year period set forth in Section 3.3 above, any credits a subscriber may have shall be reimbursed upon request to the Provider within a one-year period (see SECTION 16 for the Provider s address and telephone number). The request must be sent by mail and include the subscriber s current particulars (postal address and ID number). Credits shall be reimbursed by credit card allowing for exceptions. Debits remain due and must be paid even if the subscription is renewed.
- 2-3.7 The subscription to the Service, the personal ID number related thereto and the BIXI key are strictly personal and entitle a subscriber to use the Service upon the terms and conditions set forth herein. SECTION 4 AUTOMATIC RENEWAL 4.1 The member can also choose to renew automatically his subscription by checking the option available in the subscription form at https://montreal.bixi.com. 4.2 The subscription will be automatically renewed each year with the same credit card used for this payment and will be renewed at the applicable rates in the condition defined here after. 4.3 The effective date of the automatically renewed subscription will be the date when the member will insert his key in the Dock. A confirmation email will be sent. 4.4 In the event of a payment failure, a reminder email will be sent to the member in order to remind him to modify his credit card information. 4.5 The member can cancel this agreement at any time by contacting BIXI at 514-789-BIXI (2494). SECTION 5 RATES AND BENEFITS TO SUBSCRIBERS 5.1 The price of a long-term subscription is $80.50 for one year and $30.25 for 30 days, taxes included. The length of a one-year subscription may vary in the event of a special promotion. 5.2 The Service is accessible to the holders of Visa, Master-Card and AMEX credit cards. 5.3 Hourly rates for using the Service (in addition to subscription fee) 0-45 min 46-60 min 61-90 min For every additional half-hour $0.00 $1.75 $3.50 $7.00
- 3-5.4 The price paid for the Service by a subscriber is proportionate to the time of use of the Service. Every fraction of fifteen minutes or of a half hour of use in excess of the first 45 minutes included shall be charged as a full fifteen minutes or half hour. 5.5 Statement of Chargeable Trips Every month on the 27 th day of the month, the amount of chargeable trips (more than 45 minutes) shall be charged to the subscriber s credit card. At the end of each month, a statement of chargeable trips for each subscriber shall be accessible in PDF format under My BIXI space at https://montreal.bixi.com In the event of claim concerning a trip, a subscriber shall be required to provide the corresponding trip number to identify the place and time the bicycle was rented and returned. The receipt indicating the date and time (see Section 7.5 below) constitutes additional proof that the bicycle was properly returned. 5.6 The rates and prices specified herein shall be valid as of the beginning of period of service. The Provider reserves its right to change the price without notice. SECTION 6 AVAILABILITY OF THE BIXI SERVICE 6.1 Use of the Service is limited to a period of 24 consecutive hours ( Permitted Period of Continuous Use ). 6.2 The data generated by the Service s computer system shall indicate and be proof of the period of use of a bicycle by a user. 6.3 The Service shall be available from April 15 th to November15 th, seven days a week without interruption, except in the event of force majeure, of severe weather conditions, or where the competent authorities limit the use of the Service or restrict bicycle traffic in the City. 6.4 Access to the Service is conditional upon the availability of bicycles at each Station. A user may use the Pay Station to consult the inventory of bicycles available at the nearby Stations. SECTION 7 ACCESS TO AND USE OF THE SERVICE 7.1 Terms and Conditions of Access to the Service and Payment 7.1.1 Long-term subscribers must open an account, accept the terms and conditions of use of the Service, and enter their credit card data.
- 4-7.1.2 Long-term subscribers shall receive their BIXI key by mail. A subscription becomes valid upon activation of the BIXI key on the subscriber s personalized web page available at https://montreal.bixi.com. Users must activate their BIXI key before using the Service for the first time. 7.1.3 A $80.50 for a one-year subscription, and of $30.25 for a 30-day subscription, shall be charged to a subscriber s credit card right after filling up the Subscription form and clicking on Subscribe. 7.2 Terms and Conditions of Use of the Service 7.2.1 Inserting the BIXI key into the reader slot on the Bike Dock keyboard allows the user to remove the bicycle from the Bike Dock. 7.2.2 A user has 15 seconds to remove the bicycle once the BIXI key has been inserted into the reader slot on the Bike Dock (the light is yellow pending validation of the user s key and turns green when the bicycle can be removed. Two sound signals are also emitted). If the bicycle is not removed, the Bike Dock locks again and the user must repeat the process described in 6.2.1 above. 7.2.3 To return the bicycle, a user must secure it into an available Bike Dock. A sound signal is emitted and the light signal turns yellow then green, confirming that the bicycle has been returned. A red light signal and a long sound signal indicate that the bicycle is not properly secured. The user must then repeat the operation. Any bicycle that is not properly secured remains the responsibility of the user. 7.3 Bike Dock Malfunction If the light on the Bike Dock stays red and the bicycle cannot be returned, a user must return the bicycle into an other available Bike Dock. 7.4 Unavailability of Bike Docks Users benefit from an additional 15-minute time credit where no Bike Dock is available at the Station of their choice. Users must enter the 7-digit number of their BIXI key on the Pay Station screen or insert their BIXI key at the Pay Station if there is a slot provided. No fees shall be charged to the user for this service. 7.5 Obtaining a Receipt Users may, if they wish, print a receipt confirming that the bicycle has been properly returned. The date and time of return are indicated on the receipt. Users must identify themselves at the Pay Station by entering the 7-digit number of their BIXI key on the screen or insert their BIXI key at the Pay Station if there is a slot provided.
- 5-7.6 Following Uses A user must wait for a period of 2 minutes before being able to rent another bicycle for an other period. 7.7 Lost or Damaged BIXI key A BIXI key that has been lost or rendered unusable by the user may be replaced upon payment of a lump sum amount equal to $5.00 charged to the user s BIXI account. 7.8 Ownership and Transfer of a BIXI key A user s BIXI key remains the property of the Provider and may not be transferred to anyone in any manner whatsoever. SECTION 8 OBLIGATIONS OF THE USER 8.1 The user agrees to use the Service as would a reasonable person for the purposes for which the Service was designed and in compliance with these T.C.A.U. 8.2 The user agrees to use the bicycle as would a reasonable person, which excludes, without limitation: (i) (ii) (iii) (iv) (v) any use that is contrary to the provisions of the applicable road traffic regulations and, more particularly, to the provisions of the Highway Safety Code; any use on terrain or in conditions which are likely to damage the bicycle; any use of a bicycle which endangers the user or third parties, including transporting a passenger in any way whatsoever; any dismantling or attempt to dismantle a bicycle, including the theft of a bicycle or any part thereof; and more generally, any improper use of a bicycle. 8.3 The user agrees not to exceed the maximum load that can be borne by a bicycle, being 120 kg for the bicycle and 8 kg for the basket. 8.4 A user is responsible for the bicycle he removes from the Bike Dock and the user agrees to do everything possible to prevent the disappearance, deterioration or destruction of the bicycle. 8.5 The user agrees to return the bicycle within the Permitted Period of Continuous Use. The user acknowledges that any failure to comply with this obligation shall
- 6 - result in a maximum penalty of $1000 payable to the Provider. The precise amount of the penalty shall be fixed in accordance with SECTION 11 hereof. 8.6 The user agrees to return the bicycle at any time upon request by the Provider. 8.7 The user agrees to use his BIXI key for the sole purpose of self-identification at a Station or to the Provider and to rent a bicycle. 8.8 The user agrees to report to the Provider, as soon as possible but no later than within 24 hours, any problem related to the use of the BIXI key and/or the bicycle, by dialing (514) 789-2494. The user remains responsible for the bicycle.
- 7 - SECTION 9 RESTRICTIONS ON THE USE OF THE BIXI SERVICE 9.1 A user may not lend, rent or assign his BIXI key, which is the property of the Provider, or use the same for purposes which are contrary to the provisions hereof. 9.2 A user is expressly forbidden from allowing any third party to use the bicycle, which is the property of the Provider, in any way whatsoever, whether free of charge or not. 9.3 Access to the Service is denied any minor aged less than 14 years, whether accompanied or not. 9.4 Access to the Service is open to minors aged 14 years or more, provided that the Service is subscribed for by or under the responsibility of their legal guardian. SECTION 10 RESPONSIBILITIES AND REPRESENTATIONS OF THE USER 10.1 The user is solely responsible for any damage incurred as a result of the use of the bicycle for the entire period of use, including in excess of the Permitted Period of Continuous Use. 10.2 The parents or legal representatives of any minor who subscribes to the Service shall be liable for any damage caused directly or indirectly by the minor as a result of using the Service. 10.3 In the event of an accident and/or incident involving a bicycle, the user has an obligation to report the facts to the Provider by dialing 514-789-2494 within 24 hours following the occurrence thereof. A user remains fully responsible for a bicycle until it is either secured in a Bike Dock or delivered into the hands of a representative of the Provider, failing which a user shall be required to secure the bicycle. 10.4 In the event of the disappearance of a bicycle for which a user is responsible, the user has a duty to report the disappearance to the Provider by dialing 514-789- 2494 within 24 hours following the occurrence of the event and has a duty to report the theft to the police department of the City within 48 hours. A user remains fully and solely responsible for a bicycle until a copy of the police report is delivered to the Provider (see SECTION 16 for the Provider s address and telephone number). 10.5 Any rental exceeding 24 hours (which period begins upon the removal of the bicycle) shall be deemed to be a disappearance of the bicycle until such time as the bicycle is found or returned and might lead to the penalty provided in section 11.1 (a).
- 8-10.6 The user represents being capable of using a bicycle and having the physical condition required for such use. 10.7 The subscriber represents that all information pertaining to the subscriber is accurate and, more particularly, that the subscriber satisfies the conditions set forth herein. SECTION 11 PENALTIES 11.1 The nature and/or amount of the penalties due and owing to the Provider by the user in the event of a breach of the provisions hereof shall be as follows: (a) (b) disappearance of the bicycle contrary to Section 7.4 above: $1,000; and repair of damage to the bicycle attributable to the user: lump sum amount based on the degree of damage. 11.2 The corresponding amount of the penalties (see Section 11.1 above) is due and owing upon the first demand by the Provider where a subscriber has been found to be in breach of his or her obligations hereunder. 11.3 In the event of the disappearance or theft of a bicycle, the Provider shall collect the amount of the security deposit previously agreed to by the subscriber, and shall within 30 days reimburse any excess amount collected in relation to the amounts set forth in Section 11.1 above. SECTION 12 CHANGE IN RELATIONSHIP WITH CREDIT CARD ISSUER The subscriber agrees to report any changes in his or her relationship with the credit card issuer, whose particulars were provided hereunder, which changes could, during the valid term of the subscription, affect the proper execution of the authorization to charge the credit card as agreed to by the issuer thereof. Notwithstanding the foregoing, the Provider is hereby authorized by the subscriber to contact the credit card issuer to update the information required to effect the charges. SECTION 13 CONFIDENTIALITY AND USE OF PERSONAL DATA Under the laws governing the confidentiality of personal information, any user may have access to and, if applicable, correct or delete information pertaining to such user by contacting Customer Service at 514-789-2494 (see SECTION 16 for the Provider s address and telephone number).
- 9 - SECTION 14 INTERPRETATION AND ASSIGNMENT OF THE T.C.A.U. The subscriber hereby agrees to comply with the T.C.A.U. and acknowledges and accepts that any breach thereof may result in the termination hereof in accordance with the law. No rights or privileges hereunder may be assigned to anyone in any way whatsoever. SECTION 15 TERMINATION 15.1 The subscriber may terminate these T.C.A.U. without any fees or penalty before the Provider has begun to perform its principal obligation, by sending any written notice to the Provider. 15.2 If the Provider has begun to perform its principal obligation, a subscriber may cancel these T.C.A.U. in a delay equal to 5% (19 days for a yearly membership and 2 days for a monthly membership) of the term set forth herein, by sending a written notice to the Provider. This delay runs from the moment the Provider begins to perform its principal obligation. In this case the Provider may require the subscriber to pay a penalty equal to 40% of the price of the Services set forth herein. SECTION 16 PARTICULARS OF SOCIETE DE VELO EN LIBRE-SERVICE Particulars of Société de vélo en libre-service : (i) (ii) postal address : 2113, 32 e Avenue, Lachine, Quebec H8T 3J1 telephone : 514-789-2494 (call centre) (iii) fax : 514-633-5688 (iv) (v) email : via info@bixi.com Website : https://montreal.bixi.com
- 10 - SECTION 17 DISPUTE RESOLUTION Any dispute relating to the performance hereof shall be subject to the courts of competent jurisdiction of the district of Montreal whose jurisdiction the Parties expressly acknowledge. These T.C.A.U. are governed by, and shall be construed in accordance with, the laws of the Province of Quebec. SECTION 18 LIMITATION OF LIABILITY 17.1 The user agrees that the Provider and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives ( Provider Representatives ) and the City and its elected members, employees, officers, directors or representatives (the City Representatives ) shall not have any responsibility or liability in connection with the Service to the user or any other person or entity for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including but not limited to damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the Service even if the Provider or any Provider Representatives or the City or any City Representatives, any have been advised of the possibility of such damages or loss or if such damages or loss was foreseeable. SECTION 19 INDEMNITY 18.1 The user will indemnify and hold the Provider and Provider Representatives (the Indemnified Parties ) or the City or any City Representatives harmless from and against any claims brought by third parties resulting from (a) the user s use of the Service, including but not limited to damage to persons or tangible property, personal injury or death caused by the subscriber, and/or (b) any breach of this Agreement by the user. The user agrees that the Indemnified Parties will have no liability in connection with any such claim, and agrees to hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers fees in connection therewith of the Indemnified Parties.