Terms and Conditions of Use of the MonVélo Service (TUCMS)
Between
The service user, hereinafter referred to as the “User”
And
STAMontélibus,
Headquartered at 8 Avenue de la Feuillade – 26200 Montélimar,
Represented by Ms. Cécile Gaudillat, Director, declaring to be duly authorized for the purposes hereof,
Hereinafter referred to as the “Operator”
ARTICLE 1 – PURPOSE
1.1 Purpose
The MonVélo service is a self-service electric bicycle system offered by STAMontélibus, which provides the electric bicycles, stations, and applications necessary for the provision of the service. These terms and conditions aim to define the rules for making the Service available to natural persons for their personal use under the conditions set out below.
1.2 Customer Service Contact Details
Website: montelimar-agglo.fr
Email: monvelo-montelimar@fifteen.eu
Phone: +33 9 74 99 02 68 (local call and free service charges apply)
MonVélo Customer Service – 8 Rue Henri Mayer, 92130 Issy-les-Moulineaux
ARTICLE 2 – DEFINITIONS
Application: The program downloadable for free and executable on a smartphone or tablet operating system (iOS or Android). It allows any User of the Service to locate nearby stations, choose cyclist-friendly routes, track kilometers traveled, subscribe to the Service, contact Customer Service, and report incidents.
Community Battery: Refers to the battery integrated into the bicycle.
Dock: Urban furniture at the Station where bicycles are attached.
Account: The user account created by the User on the Application allowing access to the Service.
TUCMS: Terms and Conditions of Use of the Service.
Authorized Continuous Use Duration: Maximum of 12 hours of bicycle use or a pause of no more than 1 hour; exceeding this may incur penalties by the Operator.
Free-floating: Option for parking outside a station offered to the User in certain areas identified in the Application.
Parties: Collectively refers to the Operator and the User.
Operator: Refers to STAMontélibus, which operates the Service.
Scanner: Scanning the QR code on the bicycle using the MonVélo app.
Service: Refers to the self-service electric bicycle system provided by the Operator.
Website: Refers to www.montelimar-agglo.fr, providing information on the Service, Customer Service contact, Application download, or TUCMS consultation.
Station: Bicycle parking area, equipped with a Dock and a marked parking space for 10–15 bicycles.
Price: Service price communicated via the Application and/or Website at the time of order confirmation.
Third Party: Competing mobility service provider.
User: Any natural person aged 16 or over with capacity to use the Service.
Bicycle: Electric bicycles used under the Service.
Service Operating Zone: Geographic area within which the User may use the Bicycle, including the community and secondary zones defined in Article 7.6.
ARTICLE 3 – SERVICE DESCRIPTION
The Service allows the User, after creating an account on the Application, to rent a Bicycle located at a Station according to the procedures described below.
The User must download an Application on their smartphone enabling the rental and return of Bicycles at Stations or via Free-floating under the Service.
The Application allows the User to:
Identify themselves and access information on their Account;
Check the status of Stations and the location of nearby bicycles;
Obtain information regarding the Service;
Contact Customer Service;
Rent a Bicycle;
Record, modify, or delete their payment information;
Consult the history of their rides and payments;
Access the TUCMS.
ARTICLE 4 – PRICING AND PAYMENT TERMS
4.1 Prices
Prices are specified on the Website and displayed at the time the User subscribes to the Service.
The User acknowledges and agrees that prices may increase significantly in certain geographic areas during peak demand periods. This applies if a Third Party executes the service, causing a price revision.
The Price is charged directly to the User’s credit card based on ride duration.
Prices for Third Party services are available in the Application and/or Website. They may be updated at any time. For a reservation request, depending on Third Party service availability and location, the Application/Website will provide the User with applicable prices or an estimate. Prices may take into account distance, duration, territory, peak pricing, and any agreed modifications with the Third Party.
4.2 Service Payment
Service payment is made via credit card registered during Account creation or when updating payment information.
By entering their card details, the User authorizes the Operator to debit any amounts due under these TUCMS. The User acknowledges that:
The credit card associated with their Account remains valid;
They have the authority and consent to link this card to their Account and be charged for Service usage fees.
At the start of a ride, Stripe Inc. may perform a pre-authorization to secure payment. This pre-authorization may temporarily appear in the User’s account and is removed at ride completion, allowing final debit.
4.3 Payment Security
The Operator uses Stripe Inc., a company specializing in secure online card payments. Payments are processed via a PCI-DSS certified interface. Stripe maintains this certification and is responsible for cardholder data collected, stored, or transmitted on behalf of the Operator.
The User is informed that any fraudulent use of their card is subject to their bank’s agreement. The Operator cannot be held liable for fraudulent payment use.
ARTICLE 5 – OBLIGATIONS OF THE PARTIES
5.1 Obligations of the Operator
The Service is available based on Bicycle availability, 24/7, except in cases of force majeure (Article 1218 of the Civil Code) or administrative/judicial restrictions affecting Station placement, Bicycle usage, or cycling in the Service area. The Operator uses its best efforts to provide real-time Service availability updates via the Website or Application.
5.2 Obligations of the User
5.2.1 Service Use Restrictions
Access is prohibited for persons under 16 years of age.
Persons aged 16–18 may use the Service if a legal guardian registers their own payment card on the minor’s account. The legal guardian is responsible for any damage caused by the minor using the Service.
Users over 16 must have a personal account, phone number, and email. Accounts are strictly personal; sharing, renting, or transferring an account is prohibited.
The User must use the Bicycle responsibly, which excludes:
Any violation of traffic laws;
Use on terrain likely to damage the Bicycle;
Transporting passengers;
Carrying more than 5 kg in the front basket;
Any use endangering the User or others;
Disassembly of any part of the Bicycle;
Abnormal use of the Bicycle.
Maximum weight: 130 kg. The Operator may suspend account access without compensation for violations, theft, vandalism, or endangering others.
5.2.2 Account Creation
To use the Service, the User must create an account via the Application. Phone number and email serve as identifiers; a 4-digit code is sent to validate registration.
One account per person; creation is free. The Operator may request ID verification. The User is responsible for keeping credentials confidential. Lost or forgotten credentials require contacting Customer Service.
Account creation is validated promptly after phone verification.
To access the Service, the User must register a valid personal credit card and accept the TUCMS. The Operator may refuse or cancel accounts not meeting requirements.
5.2.3 Bicycle Access
The User may access Bicycles only via the Application, which must be updated. GPS and Bluetooth must be enabled to reserve and rent a Bicycle.
The User commits to normal, private, and prudent use of the Service, respecting TUCMS and traffic regulations.
Rental duration cannot exceed the Authorized Continuous Use Duration. In disputes, Service server data prevails. Beyond this duration, the Bicycle is considered unreturned; penalties may be charged (€1,500). Abusive pauses (>1 hour): €50.
The User is responsible for Bicycle custody, preventing damage, theft, or disappearance, and must lock the Bicycle using the “Pause” function when leaving it unattended. Noncompliance incurs penalties as per Article 8.
Users must report loss, theft, or other Bicycle issues within 24 hours; Bicycles remain their responsibility until returned. Users are responsible for updating personal information and maintaining a valid credit card during Service use.
ARTICLE 6 – TERMINATION OF THE CONTRACT
6.1 Termination Due to User Fault
User faults include:
Using an expired or invalid credit card;
Non-payment of ride fees;
Misuse of the Service.
After formal notice, the Operator may suspend access until rectification. During suspension, the User remains liable for prior rides. If suspended over two months, the Operator may terminate the Contract.
ARTICLE 7 – SPECIAL CONDITIONS FOR BICYCLE USE
7.1 Bicycle Rental at a Station
When renting a Bicycle, the User must:
Open the iOS/Android Application;
Enable GPS and Bluetooth;
Enter destination;
Accept rental, price, and parking mode;
Go to reserved Bicycle;
Scan QR code or enter ID;
Unlock Bicycle via Bluetooth.
If at a Station, press the left brake to release the Bicycle. The User may use the phone holder and Application for navigation but is responsible for their device. Do not use a visibly damaged holder.
7.2 Bicycle Security and Custody
The Bicycle can be locked during rental using the “Pause” button; rental time continues. In a Station, the Bicycle must rest on its stand. Unlock via Application to resume ride.
7.3 Bicycle Return at a Station
If the Application specifies a Station return, the User must go to that Station and follow instructions. Attach the Bicycle properly using magnets and the Dock. Confirm with a sound signal and press “Finish.” Only then is the ride complete. Errors require retrying or contacting Customer Service.
7.4 Bicycle Return Outside a Station
If the Application specifies an outside return, the User must park in public space near the destination, respecting road-sharing. Press “Finish” and, if requested, take a photo. Ride ends only when confirmation is displayed.
7.5 Change of Destination
The User may change destination during a ride without updating the Application. Press “Finish” at the new location; the Application will indicate if the Bicycle can be left outside a Station or must follow procedures in 7.3/7.4.
7.6 Emergency Ride End Request
If issues arise outside Customer Service hours, the User may request an emergency ride end via the Application. Abuse may incur penalties as per Article 8.
7.7 Service Operating Zones
The Service Operating Zone is indicated in the Application. Rental must end within this zone. Leaving a Bicycle outside the zone may incur a fee (Article 8). The Application directs the User to the nearest authorized return location. The central zone provides battery power for all registered Users.
ARTICLE 8 – LIABILITY AND PENALTIES
The User agrees to comply with these general conditions of access and use of the Service and to return a Bicycle in the same condition as when rented.
The User authorizes the Operator to charge the following penalties in case of breach under the conditions described:
Theft of the Bicycle: €1,500;
Disappearance of the Bicycle without justification from the start of the rental: €1,500;
Damage to the Bicycle caused by the User: flat fee of €100 per Bicycle plus the cost of replacement parts;
Parking the Bicycle on private property: €10/hour;
Parking in an obstructive location (e.g., middle of the street) and impound removal: €50 + impound fees;
Abandoning the Bicycle outside the Service Operating Zone: €50 in adjacent towns, €100 beyond;
Abusive pause (>1 hour): €50;
Abandoning the Bicycle near a Station where parking is required and possible: €50;
Emergency ride end request not complying with conditions: €150.
The User declares being physically capable of using a Bicycle (sufficient size, good health, etc.).
As the Bicycle is under the User’s responsibility, it is recommended to check, prior to use, its main functional elements, including (non-exhaustive):
Proper attachment of the seat, pedals, and basket;
Proper functioning of bell, brakes, and lights;
General condition of the frame and tires.
Any issues must be reported via the Application or Customer Service.
The User confirms having valid civil liability insurance covering Bicycle use.
Additionally, it is recommended that the User:
Adjust braking distance in adverse weather;
Adjust the seat height to fit their morphology;
Wear an approved helmet and appropriate clothing.
The User is fully responsible for any damage caused during the entire Usage Period, including if it exceeds the Authorized Continuous Use Duration. Parents or legal guardians of minors are responsible for any damage caused by the minor using the Service.
Any rental exceeding 24 hours is considered a Bicycle disappearance, which may incur penalties. In case of a Bicycle disappearance, the User must report it to Customer Service within 24 hours and file a police report within 48 hours, providing a copy to Customer Service.
In case of an accident or incident involving the Bicycle, the User must immediately inform Customer Service. The Bicycle remains their responsibility until locked or until remote lock confirmation by Customer Service.
ARTICLE 9 – PERSONAL DATA
The User’s personal data will be processed in accordance with the Operator’s Privacy Policy.
ARTICLE 10 – DISPUTE RESOLUTION
The TUCMS and relationships between the User and the Operator are governed by French law.
In case of a complaint, the User may contact Customer Service via:
The contact form on the Website;
Email: monvelo-montelimar@fifteen.eu;
Postal address: Customer Service MonVélo – 77 rue Jean Bleuzen, 92170 Vanves, France.
The User has three (3) months from the disputed event to initiate this process.
The Parties shall use their best efforts to amicably resolve any disputes.
Under Article L. 612-1 of the French Consumer Code, the Operator guarantees the User the right to use conventional mediation or any alternative dispute resolution method if a written prior complaint has been made to Customer Service.
If no amicable resolution is reached, any dispute concerning the interpretation, execution, or termination of these TUCMS and/or the relationship between the User and the Operator will fall under the competent French courts, notwithstanding multiple defendants or warranty claims, including urgent or conservatory procedures.
ARTICLE 11 – APPLICATION AND ENFORCEABILITY OF THE TUCMS
These TUCMS apply to any use of the Service by a User and are available at all times at www.montelimar-agglo.fr.
The User agrees to read and accept the TUCMS before first use and Application download. By using the Service, the User fully and unreservedly accepts all stipulations of these TUCMS. No handwritten or electronic signature is required for consent.
The Operator may modify the TUCMS at any time without notice; such changes apply only to subsequent subscriptions and usage. Failure by the Operator to enforce a TUCMS provision at any time does not constitute waiver of enforcement rights in the future.
If any clause is declared null, illegal, or unenforceable, other clauses remain fully effective.
If the Service is assigned to a company other than the Operator, the User accepts that these TUCMS automatically transfer to the assignee.