TERMS OF ACCESS AND USE OF SNFCC BIKES
ARTICLE 1 - Purpose and Structure of Our Service
1. The bicycle rental system “Τα Ποδήλατα του ΚΠΙΣΝ | SNFCC Bikes” is a service in operation at the Stavros Niarchos Foundation Cultural Center (SNFCC). The service is managed by BRAINBOX INFORMATICS S.A. The service enables access to shared bicycles for public use through an automated system. The network consists of bicycle stations, which comprise shared bicycles, parked in specially designed racks and visitor service points.
2. The contact details of the operating and managing companies are:
ARTICLE 2 - Method of Access to the Service
· The Bike Card is strictly personal and enables the client to check out, use and check in a bicycle.
· Only persons over 18 years, proficient cyclists, who are not advised by medical doctors to refrain from cycling are eligible to use the service.
· For minor users, the legal responsibility lies with the subscription or code holder, who is bound by these terms and who is liable for any loss or injury caused directly or indirectly by or to the minor user of the service. Children's bicycles must be returned within service and support hours, as they are operated by a physical key (in purpose-built stations), which is delivered exclusively to the adult cardholder.
ARTICLE 3 - Availability of Service
· The subscription is valid from the date of issue of the Bike Card until 31.10.2022.
· The prepaid time purchased by credit card is valid from the date of purchase until 31.10.2022. If not consumed by 31.10.2022 the amount corresponding to the non-consumed time will not be returned to the user.
· In case of a dispute about the duration of bicycle use by the client, the data provided by the service information system are considered as the only reliable data.
· The service is available throughout the year, throughout the week, during service and support hours 9:00 to 21:00. Excepted from the above is downtime for maintenance or due to force majeure, or by the SNFCC’s decision for a total or partial, temporary or indefinite ban of bicycle traffic.
ARTICLE 4 - Cost and Payment Methods
· The service can be accessed by both occasional users and subscribers. Occasional users use their credit cards, while subscribers use special prepaid subscriber cards, received upon registration.
· The cost of service includes a fixed access cost and a progressive charge for use, determined as follows:
- Bike Card holders: Registration (including Bike Card costs 3 € + 5 hours of cycling, Rate per hour 1 €
- By credit card: Registration (for online registration and cycling-time purchase through our website ) = 3 € Rate per hour 1 €
• Bike Card holders: The Bike Card is a prepaid card. In order to have access to the service, a subscriber must have available time in their card. Adding prepaid time to the card is effected through payment of a fee at the relevant SNFCC agencies. The minimum amount for a prepaid bicycle rental time recharge is €3. The system temporarily blocks access to the subscriber card service if the balance is less than €1. The amounts credited to the card are valid until 31.10.2022. If not consumed by 31.10.2022, they are non-refundable to the client.
• By credit card: The client's credit card is charged during selection and purchase of the prepaid pack option (costing €3/5/10/20) purchased by the user. In the event that the total duration of using the service exceeds the prepaid time credit, an additional charge may be made on the credit card for the balance. The prepaid time credit purchased by the user by payment of the corresponding amount (costing €3/5/10/20) is valid until 31.10.2022
• The prices listed in this article are valid from 15.02.2017 and are subject to revision at any time.
ARTICLE 5 - Obligations of Parties
A. SNFCC Liabilities
1. The SNFCC is committed to providing the relevant services in the manner prescribed herein.
2. The SNFCC is committed to making every possible effort to ensure the continuity and quality of the shared bicycle service.
3. The SNFCC is not liable in case of:
· misuse of the proposed services and/or non-compliance by the client of the client’s obligations as provided herein.
· use of the service by an unauthorized person (particularly with regard to cases of theft of the Bike Card or credit/debit card).
· system disturbances, saturations, malfunctions, or suspension due to interruption of communications in mobile networks, public telephony, GSM, GPRS, SMS, or any new-generation network developed by the mobile operator.
· force majeure.
B. Client Liabilities
1. The client must exercise utmost caution in using the bicycle. The client must comply with driving laws and road safety rules and to monitor compliance with these of any minor they accompany.
2. The client must check the bicycle before use. Specifically, the client must verify proper operation of the transmission system, frame and tires, brakes, lights, and generally all parts required for safe use. In the event of bicycle fault, the user must return it to the station (free of charge) within a period of six minutes and check out another bicycle. Then, they must notify SNFCC.
3. The client is responsible for safekeeping the bicycle they have rented, for protecting it, for taking any measures required to prevent theft and commits to using the bicycle anti-theft system when not using the bicycle.
4. The client is committed to using the bicycle properly and protecting it. The client assumes full liability for any injury or damage caused to the bicycle or other persons during the course of rental.
5. The client must return the bicycle to the specified system operating hours. In the event of failure to return the rented equipment, the SNFCC reserves the right to charge the client the amount of €400 as compensation (see Article 7). In case of damage to all or part of the rented equipment, the amount of damage caused is evaluated by the SNFCC and charged accordingly to the client under the terms and methods provided in Article 9.
7. The client must report to the SNFCC any loss, theft, or another issue, or incident involving the rented bicycle. The report must be made as soon as possible and no later than four hours after the incident. However, until delivery by the SNFCC, the bicycle remains under the client's responsibility under the terms of Articles 5 and 7 herein.
Article 6 - Restrictions on the Use of the Service
· A Bike Card damaged or lost under the client's responsibility will only be replaced by the SNFCC upon receiving the lump sum of €5 for issuing a new one.
· The client is authorized to use the bicycle under the conditions herein, as long as they make reasonable use, which primarily excludes: any operation outside of prescribed use; any use that does not comply with the provisions of traffic regulations or road safety rules; any use on terrain or under natural conditions that are harmful to the bicycle; transportation of any load over 10kg for adults’ bicycles and 3kg for children’s (including in the basket); transportation of any passenger in any manner; any use that could jeopardize the client, or third parties; any disassembly or attempt to disassemble all, or part of the bicycle; and generally any inappropriate use of the bicycle.
ARTICLE 7 - Client Liability and Declarations
· The client is solely and entirely responsible for any damage caused by the bicycle or its use made throughout the duration of bicycle rental, including that which exceeds the predetermined duration of use in case of failure to return the bicycle promptly.
· Any delay in bicycle delivery in excess of 24 hours (calculated from the time of checking out the bicycle at the rental station) shall be considered as a case of bicycle disappearance.
· In the event of disappearance of a bicycle for which the client is liable, the client is obliged by the provisions of Article 5 to report the disappearance of the bicycle, which remains under the client’s full liability.
· In case of an accident and/or fault, and/or damage and/or any incident involving the bicycle, the client is obliged, as determined in Article 5, to state the facts within the indicated deadlines. Nevertheless, the bicycle remains under the client’s liability until it is locked at a delivery point, or handed over to authorized personnel at a repair representative of the system.
· Upon taking responsibility of a bicycle, the client is obliged to check in advance the effective operation of the bicycle, specifically inspecting the main functional elements, including but not limited to: that the saddle and pedals are securely fixed; that the frame and tires are in good condition; the bell functions; the brake and lights operate properly.
· After being identified by the station, the client confirms, within 6 minutes after taking delivery of the bicycle, the overall good condition of the bicycle. The client is liable for any faults or damage observed after this period of time has lapsed.
· The client is encouraged to exercise caution in braking in case of rain, to adjust saddle height to fit their body, to wear an approved helmet and suitable clothing for cycling.
· The client hereby declares that they are fully aware of possible risks associated with the use of a bicycle. Furthermore, the client declares that all personal details entered into the system are accurate, that they are capable and physically fit to use a bicycle and, in particular, that they meet the conditions required in Articles 2 and 7 herein.
· The client cannot make any claims against the SNFCC in any case involving suspension, interruption or disruption of services.
ARTICLE 8 - SNFCC Rights
· The SNFCC reserves the right to refuse, or terminate access to the service, to anyone who does not meet the conditions herein, without further justification.
· In accordance with the provisions of Articles 5, 6 and 7, the SNFCC is free of any liability associated with any use of a bicycle made by a client, or damage incurred by the client to themselves, or to third parties involving the use of the bicycle.
ARTICLE 9 - Penalties
· Upon initiation of a rental period using a code, the client gives the SNFCC a direct debit mandate for a lump sum of €400 that may be used in the cases and conditions detailed below, limited to:
1. damage to the bicycle amounting to €400 by the client or a third party during the rental period
2. failure to return the bicycle within 24 hours after having taken delivery of the bicycle and/or loss or theft of the bicycle for which the client is liable, or any other damage to the bicycle.
· In cases where the damage incurred is less than €400, the sum will be adapted accordingly.
ARTICLE 10 - Confidentiality of Personal Data
The SNFCC is committed to compliance with the regulations regarding confidentiality, management and storage of personal and confidential data. According to the same law, the client may request access or correction of any information concerning them in writing sent to the address: 364, Syngrou Avenue, Kallithea, att. “Τα Ποδήλατα του ΚΠΙΣΝ | SNFCC Bikes”.
ARTICLE 11 - Dispute Resolution
The client may file a complaint within three months from the date of the incident. These terms are governed by Greek law. Any dispute arising from the performance, operation and the interpretation of these terms will be resolved in the courts of Athens.
Any complaint will be sent to the address: 364, Syngrou Avenue, Kallithea, with the indication: Complaint about “Τα Ποδήλατα του ΚΠΙΣΝ | SNFCC Bikes”.
ARTICLE 12 - Modifications to these Terms
Clients will be informed of any modification to these terms on the SNFCC website at the URL snfcc.org/bikes.