Velespeed Bicycle Rental Agreement (the “Rental Agreement”)
THIS RENTAL AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS RENTAL AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.
o SECTION 1 MEMBERSHIP FEES
o SECTION 2 USAGE FEES
o SECTION 3 LOST OR DAMAGED BICYCLES; KEY; ADDITIONAL FEES
o SECTION 4 CREDIT CARD MATTERS
o SECTION 5 PROHIBITED ACTS
o SECTION 6 BICYCLE SAFETY INSPECTION
o SECTION 7 ACTIVATION OF MEMBERSHIP CARD
o SECTION 8 RETURNING BICYCLE
o SECTION 9 OBTAINING RECEIPT
o SECTION 10 HELMETS; SAFETY
o SECTION 12 LIMITATIONS ON AVAILABILITY OF SERVICES
o SECTION 13 TERM AND TERMINATION
o SECTION 14 NOTICES
o SECTION 15 DISPUTE RESOLUTION AND JURISDICTION
o SECTION 16 WAIVERS
o SECTION 18 CUMULATIVE REMEDIES
o SECTION 19 FINAL AGREEMENT; MODIFICATION BY YAPIM İNŞAAT MÜTEAHHITLIK LTD
o SECTION 20 SEVERABILITY
In consideration of Your use of any of the Velespeed Services (defined below), You ("Member", "You", or "Your") agree to all terms and conditions in this Rental Agreement. In order to rent a Velespeed bicycle, You must also agree to the terms of the Liability Waiver, Release, Indemnification, and Voluntary Assumption of the Risk ("Release"). The Velespeed "Services" are operated and provided by Yapım İnşaat Müteahhitlik Ltd and are composed of several elements, including (1) Velespeed bicycle stations and associated street treatments such as wheel stops, kiosks, flexible delineators and pavement markings ("Stations"), (2) automated kiosks ("Kiosks"), (3) separate stands that allow the docking of Velespeed bicycles ("Bike Docks"), (4) Velespeed bicycles, (5) Cyclefinder mobile application ("Mobile Application") and Velespeed website, https://velespeed.net ("Website") (the Mobile Application and the Website, collectively, the "Platform"), and (6) all related equipment, personnel, and information.
• SECTION 1 MEMBERSHIP FEES.
You may enroll as a long-term Member with either an annual or a monthly membership, or as a casual Member with one or more subscription types including a 24-hour pass. When you enroll as a Member, You agree to be charged the applicable membership fee plus any usage fees that You incur, at the rates set forth in Section 2. The membership fee amounts are listed on the Platform and are subject to any applicable sales taxes and other local government charges, which may be charged and collected by Yapım İnşaat Müteahhitlik Ltd . Your membership becomes valid and active upon purchase.
• SECTION 2 USAGE FEES.
Your Ride Time will be calculated beginning when You unlock and remove a Velespeed bicycle from a Bike Dock. If You return the Velespeed bicycle to a Bike Dock within 30 minutes, no usage fee will be charged. If You do not return the Velespeed bicycle to a Bike Dock within 30 minutes, You will be charged the applicable usage fees set forth on the Platform or displayed at the Kiosks, which are subject to applicable sales taxes and other local government charges. After returning a Velespeed bicycle to a Bike Dock, You may rent another Velespeed bicycle, but only after waiting up to 3 minutes.
On the 7th day of each month, the total amount of all of Your usage fees will be charged to Your Account and charged against Your acceptable credit card. At any time, You may access a statement of Your trip history and associated charges by logging into Your Account profile page on the Website. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to Yapım İnşaat Müteahhitlik Ltd all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Your trip receipt, if any, indicating the date and time Your Velespeed bicycle was returned would be additional proof that the Velespeed bicycle had been properly returned.
• SECTION 3 LOST OR DAMAGED BICYCLES; MEMBERSHIP CARD; ADDITIONAL FEES.
The data generated by the Services computer is conclusive evidence of the period of Your use of a Velespeed bicycle. Your use of a Velespeed bicycle is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Velespeed bicycle, until the Velespeed bicycle is found or returned to a Bike Dock. If the Velespeed bicycle is not returned to a Bike Dock within a period of 48 consecutive hours, then the Velespeed bicycle is deemed lost or stolen and Member s credit will be charged a lost bike fee of up to $1,200, and a police report may be filed by Yapım İnşaat Müteahhitlik Ltd with local authorities. The Velespeed bicycle must be returned by Member in the same condition in which it was rented. If the Velespeed bicycle is returned to a Bike Dock damaged or in a state of disrepair, then Member will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 48 hours after the Velespeed bicycle is not returned or is returned in a damaged state. Yapım İnşaat Müteahhitlik Ltd will attempt to contact Member via telephone and email before charging the Member s credit or debit card, by using the contact information provided by Member when subscribing to the Services. For any disappearance of a Velespeed bicycle that was released on Your account, You must report the disappearance by filing a formal police report with the local police department and also notify Yapım İnşaat Müteahhitlik Ltd within 24 hours following the disappearance.
If Member’s membership card is lost or damaged, a replacement may be obtained by calling +90 (548) 835 37 73 or by emailing firstname.lastname@example.org and reporting the loss or damage. A replacement fee of $10 for the lost or your membership card will be charged, and a replacement card will be mailed to Your mailing address of record. All fees may be subject to applicable sales taxes and other local government charges.
• SECTION 4 CREDIT CARD MATTERS.
You must input a valid credit card number and expiration date before You will be registered to use the Services, and you must maintain a valid credit card throughout the duration of Membership. Participating card networks are shown on Kiosks and the Platform. You represent and warrant to Yapım İnşaat Müteahhitlik Ltd that You are authorized to use the credit card. You authorize Yapım İnşaat Müteahhitlik Ltd to charge Your credit for all fees incurred by You, subject to any applicable sales taxes and other local government charges. If You dispute any charge on Your credit card account, then You must contact Yapım İnşaat Müteahhitlik Ltd within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Yapım İnşaat Müteahhitlik Ltd of all changes relating to Your credit card and update Your member profile on the Platform. If the credit card connected to Your Annual Membership becomes invalid at any time and You do not replace it on Your member profile with a valid credit card, Yapım İnşaat Müteahhitlik Ltd may suspend Your Annual Membership.
• SECTION 5 PROHIBITED ACTS.
a. You may not ride a Velespeed bicycle if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services if the minor’s membership is subscribed for by, and the minor is under the responsibility of, the minor’s parent or legal guardian. By authorizing use of the Services by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor’s use of the Services, and (ii) represents, warrants, and agrees that he or she is the minor’s parent or legal guardian and that he or she and the minor have all accepted and agreed, as a Member, to all terms and conditions of this Rental Agreement.
b. You may not ride a Velespeed bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to safely operate the Velespeed bicycle.
c. You may not use or wear any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract You from safely operating a Velespeed bicycle.
d. You may not operate a Velespeed bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Velespeed bicycle.
e. Please walk Your Velespeed bicycle, do not ride it, to and from the edge of the Station footprint (i.e., the space occupied by the Station equipment and the space reserved for bicycles to be docked) and the Bike Dock when taking or returning a bicycle. You may not ride on or operate a Velespeed bicycle within the Station footprint.
f. Each Velespeed bicycle is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) using a Velespeed bicycle or in the basket.
g. You may not dock or lock any bicycle other than a Velespeed bicycle in any Station.
h. You may not load the bicycle to any other transportation to carry.
i. You may not use any locking mechanism, other than the locking mechanism provided by Yapım İnşaat Müteahhitlik Ltd at the Bike Dock, to lock a Velespeed bicycle to a Bike Dock.
j. You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for bicycle riders.
k. You may not modify, dismantle, write on, or otherwise alter or deface a Velespeed bicycle or any part of a Velespeed bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Velespeed bicycle in any way. You may not use a Velespeed bicycle for any advertising or similar commercial purpose.
l. You may not attach anything to a Velespeed bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.
m. You may not exceed the maximum weight limit for the Velespeed bicycle (118 kg) or the cargo carrier (7,7 kg), and You may not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
n. You must limit or adjust Your riding behavior and braking distance to suit the weather conditions, and You must promptly act in a safe manner and return, if it would be necessary and prudent to do so, Your Velespeed bicycle to an available Bike Dock. Such conditions may include unsafe amounts of snow, hail, sleet, rain, or electrical storms. Upon the announcement of a shut-down, You must bring the bicycle to a Station as soon as possible.
o. You may not allow others to use a Velespeed bicycle that You have removed from a Bike Dock. You understand that when You remove a Velespeed bicycle from a Bike Dock, the Velespeed bicycle may be used only by You. You may not transfer Your system key, 5-digit code on the system key, or any other unique Member information to any other person. You may not share Your Membership or subscription with any other person.
p. You may not ride a Velespeed bicycle on anything other than a paved or other treated surface intended for transportation purposes. You may not use a Velespeed bicycle at a skateboard park, dirt, grass, or unpaved surfaces.
YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.
• SECTION 6 BICYCLE SAFETY INSPECTION.
Before each use of a Velespeed bicycle, You must conduct a safety inspection of the Velespeed bicycle, and which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels (i.e., that the wheels are not bent); (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not ride the Velespeed bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Yapım İnşaat Müteahhitlik Ltd of all problems and issues and You must use a different Velespeed bicycle. You agree to press the "Faulty Bike" button within 1 minute after docking any Velespeed bicycle that You notice has any mechanical or other problem or safety issue.
• SECTION 7 ACTIVATION OF MEMBERSHIP CARD
Your membership becomes valid and active upon purchase. Once you are successfully registered as a long-term member, Yapım İnşaat Müteahhitlik Ltd will send you a membership card with a courrier delivery service at the address in TRNC You provide. You must activate the membership card before using it for the first time.
• SECTION 8 RETURNING BICYCLE.
To return a Velespeed bicycle, You must secure it into an available Bike Dock. When the Velespeed bicycle is correctly docked, the signal light will turn green to confirm that the Velespeed bicycle has been properly secured to the Bike Dock. If the Velespeed bicycle is not properly secured to the Bike Dock, then the signal light will turn red. If the signal light turns red, then You must repeat the operation until the signal light turns green and the Velespeed bicycle is properly secured in the Bike Dock; however, if after several attempts the signal light does not turn green, then You must return the Velespeed bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then You must push the "Request Time Credit" icon on the Kiosk screen to obtain an additional 15-minute credit in which to return the Velespeed bicycle to another Station. No fee is charged for the additional 15-minute credit. Any Velespeed bicycle that is not properly secured remains Your sole responsibility, and the usage fees described in Section 2 will be charged until the Velespeed bicycle is properly secured.
• SECTION 9 OBTAINING RECEIPT.
At Kiosks equipped with printers, You may print a receipt to confirm that the Velespeed bicycle has been properly returned to the Bike Dock. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip. To obtain a receipt, Members must push the “Rental Receipt” icon on the Kiosk screen under the “More Options” menu. Your most recent trip details may also be available via the Cyclefinder app.
• SECTION 10 HELMETS; SAFETY.
Yapım İnşaat Müteahhitlik Ltd strongly recommends that all users of the Services wear a helmet that has been properly sized, fitted, and fastened, according to the manufacturer s instructions. Wearing a helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. It is a Member s sole responsibility to utilize a bicycle helmet.
Yapım İnşaat Müteahhitlik Ltd and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and You agree that Yapım İnşaat Müteahhitlik Ltd and the other Released Persons are not liable for any injury You suffer while using any of the Services, whether or not You are wearing a helmet at the time of injury. YOU ASSUME ALL RISK OF NOT WEARING A HELMET. You agree that, when using any of the Services, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
"Released Persons" or "RELEASED PERSONS" means, collectively, (i) Yapım İnşaat Müteahhitlik Ltd and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) any municipality offering any part of the Services within their jurisdiction and all of its elected and appointed officers, officials, employees, and agents (collectively, the "Municipalities"), (iii) every sponsor of any of the Services and all of the sponsor s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which is located a Station and all of the property holder s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
1. You represent, warrant, and agree that You are a safe and competent bicycle operator, You are sufficiently fit and physically capable to safely ride a bicycle without any risk to Your health, You are knowledgeable about the operation of a bicycle, and You are knowledgeable about the laws pertaining to bicycles operated within the Turkish Republic of Northern Cyprus. Like any physical activity, riding a Velespeed bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Velespeed bicycle, You assume all responsibilities and risks for all such injuries or other medical conditions.
2. You represent, warrant, and agree that Yapım İnşaat Müteahhitlik Ltd is not responsible for providing or maintaining bicycle lanes or any other place where You may ride Velespeed bicycles, and that Yapım İnşaat Müteahhitlik Ltd and the other Released Persons do not guarantee that there will always be a safe place to ride a Velespeed bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Velespeed bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
3. You represent, warrant, and agree that Yapım İnşaat Müteahhitlik Ltd and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Yapım İnşaat Müteahhitlik Ltd and the Municipalities provide Velespeed bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Velespeed bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.
4. Member must report to the police and to Velespeed Customer Services at +90 (548) 835 37 73 as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Velespeed bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Velespeed bicycle, and (iv) any stolen or lost system key.
5. You are fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Your system key before (i) a deactivation of the key by Yapım İnşaat Müteahhitlik Ltd upon the expiration of membership, or (ii) a report to the Velespeed Customer Services at +90 (548) 835 37 73 that the system key is lost or stolen.
• SECTION 12 LIMITATIONS ON AVAILABILITY OF SERVICES.
Yapım İnşaat Müteahhitlik Ltd does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Yapım İnşaat Müteahhitlik Ltd from providing the Services from time to time. Access to the Services also is conditioned on the availability of Velespeed bicycles and available Bike Docks at each Station. Yapım İnşaat Müteahhitlik Ltd does not represent or warrant the availability of any Services or the availability of any Velespeed bicycles or Bike Docks at any Station. No sponsor of Velespeed has any responsibility for providing any Services. You may use the Platform to check the inventory of Velespeed bicycles and Bike Docks available at a Station. You agree that Yapım İnşaat Müteahhitlik Ltd may require You to return a Velespeed bicycle at any time.
• SECTION 13 TERM AND TERMINATION.
The term of this Rental Agreement begins when You first access the Services, and ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 4 of this Rental Agreement, titled Credit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, Yapım İnşaat Müteahhitlik Ltd may unilaterally terminate Your right to use any of the Services, in Yapım İnşaat Müteahhitlik Ltd ’s sole discretion and without any notice or cause.
You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Public Bicycle Sharing Cyprus Ltd, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Rental Agreement is terminated.
All annual memberships may be auto-renewed upon the membership period s expiration. Members who have been enrolled into auto-renew may prevent their membership from auto-renewing by deselecting the "Auto-Renew Membership". Members who wish to be enrolled into auto-renew may do so by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website.
If You have opted out of auto-renewal feature, then starting thirty (30) days before and no later than one (1) year after the expiration of Your membership term, You may renew the membership on the Platform. If the membership is not renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new membership. The membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if You breach this Rental Agreement, as decided by Yapım İnşaat Müteahhitlik Ltd in its sole discretion.
• SECTION 14 NOTICES.
You may contact Yapım İnşaat Müteahhitlik Ltd by writing, calling, or emailing Yapım İnşaat Müteahhitlik Ltd at the address listed below:
Yapım İnşaat Müteahhitlik Ltd
44C Şehit Ecvet Yusuf Caddesi
99010 North Cyprus
Customer Service: +90 (548) 835 37 73
• SECTION 15 SECTION 15 DISPUTE RESOLUTION AND JURISDICTION.
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Turkish Republic of Northern Cyprus, excluding principles of conflicts of laws.
You and Yapım İnşaat Müteahhitlik Ltd each agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree that the venue for any claim or dispute between you and Yapım İnşaat Müteahhitlik Ltd or any of the Released Persons is exclusively that of a state court located in the Turkish Republic of Northern Cyprus. You and Yapım İnşaat Müteahhitlik Ltd agree to submit to the personal jurisdiction of the courts located within the Turkish Republic of Northern Cyprus for the purpose of litigating all such claims or disputes.
Further, if Yapım İnşaat Müteahhitlik Ltd prevails in litigation against You to enforce its rights under this Rental Agreement, Yapım İnşaat Müteahhitlik Ltd shall be entitled to its costs, expenses, and reasonable attorneys fees (whether incurred at or in preparation for trial, appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Yapım İnşaat Müteahhitlik Ltd may be entitled.
• SECTION 16 WAIVERS.
No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
• SECTION 18 CUMULATIVE REMEDIES.
All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right, remedy or defense provided by law.
• SECTION 19 FINAL AGREEMENT; MODIFICATION BY PUBLIC BICYCLE SHARING CYPRUS LTD.
This Rental Agreement and the Release contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement and the Release supersede all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Yapım İnşaat Müteahhitlik Ltd may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Rental Agreement, Yapım İnşaat Müteahhitlik Ltd will post a notification on the Platform. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Rental Agreement.
• SECTION 20 SEVERABILITY.
If a court deems any provision of this Rental Agreement illegal or otherwise unenforceable for any reason, You agree that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.
MEMBER AGREEMENT TO BICYCLE RENTAL AGREEMENT
I hereby represent that I am the Member, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.
I hereby represent that I am the Parent or Legal Guardian of the Member, who is 16 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement on behalf of myself and the Member, and I authorize the use of the Services by such minor Member.
May 30, 2018*