àVÉLO – TERMS AND CONDITIONS

GENERAL CONDITIONS OF àVÉLO SERVICE ACCESS AND USE ("T&Cs")


Article 1

PURPOSE

1.1. The Réseau de transport de la Capitale (“RTC”) offers the àVélo self-service bike sharing system (the "Service").

1.2. The RTC has mandated Capitale Mobilité, Société en développement commercial, Société en commandite, a limited partnership acting through its general partner 9320-9179 Québec inc. ("Capitale Mobilité") to develop and operate the Service. Certain of RTC's rights and obligations hereunder may be exercised by its mandatary Capitale Mobilité, at RTC's sole discretion and without further notice to the user. For the purpose of these T&Cs, the RTC, acting by its mandatary Capitale Mobilité, is hereafter named “àVélo”.


Article 2

ORGANISATION OF THE SERVICE

2.1. The Service consists of stations (the "Stations"), allowing the rental, storage and locking of electrically assisted bikes (each of them, a “Bike”).

2.2. A user may purchase a pass or a one-way trip either directly from a Station, when it is equipped with a payment terminal, or via the àVélo app. 

2.3. The territory served by the Service is the territory of Quebec City. Use of the Service outside of this territory is prohibited.


Article 3

SERVICE AVAILABILITY

3.1. The Service is available according to the opening of bike paths by the City of Québec, 7 days a week, 24 hours a day, without interruption, except in the case of force majeure, weather conditions that may endanger the user, or adoption by the competent authorities of a limit on the use of the Service or on bike traffic on the territory of Quebec City.

3.2. Use of the Service is limited to a maximum of 24 consecutive hours (the "Permitted Continuous Use Period") from the retrieval of the Bike from a dock (the "Dock"). The data compiled by the Service's system will indicate and prove the duration of use of the Bike by the user.


Article 4

PRICING

4.1. The Service is offered according to the rates found on the www.rtcquebec.ca/avelo website. These rates are subject to change at any time by àVélo without notice and include applicable sales taxes.

4.2. The Service is accessible to Visa or Mastercard credit cardholders only. Debit and prepaid cards are not accepted.

4.3. The user pays the Service’s fees at the time of purchase.

4.4. The user will be subject to additional charges for minutes exceeding the applicable time frame depending on the type of pass or trip purchased. These additional fees will be charged the night following the closure of the trip (i.e., when the Bike is returned and locked in a Dock).

4.5. Upon purchase of a one-way trip, the user authorizes àVélo to charge a pre-authorized amount of $100 per Bike from the user's credit card (the "Pre-authorized Amount"). The said amount will be returned to the user within 4 to 6 days following the end of the trip, unless part of the amount is invoiced and retained by àVélo pursuant to Article 8.


Article 5

OBLIGATIONS OF THE USER

5.1. The user must accept these terms and conditions of use of the Service ("T&Cs") when purchasing the Service, and by this acceptance undertakes to comply with them.

5.2. The user undertakes to use the Service as a reasonable person normally prudent and diligent, for the purposes for which it was designed and in compliance with the T&Cs, which excludes in particular:

  • 5.2.1. Any use contrary to the provisions of the applicable road regulations, in particular the provisions of the Highway Safety Code and the regulations applicable to the mandatory wearing of a helmet;
  • 5.2.2. Any use on land or in conditions likely to damage the Bike;
  • 5.2.3. Any use of the Bike that may endanger the user or third parties, which includes the carriage of any passenger in any way;
  • 5.2.4. Any dismantling or attempted dismantling, including theft of the entire Bike or part of the Bike;
  • 5.2.5 Any addition, alteration, or modification to the Bicycle, including altering the visual appearance of the Bicycle and installing a trailer, trolley or equipment to transport objects or passengers;
  • 5.2.6. And, more generally, any use of the Bike which may be deemed irregular by àVélo.

5.3. The user undertakes not to exceed the maximum load that the Bike can bear. This load is 120 kg for the Bike and 10 kg for the basket.

5.4. The user is responsible for the Bike that he has removed from the Dock. He or she must make every effort to prevent its disappearance, degradation or destruction.

5.5. The user undertakes to return the Bike within the time limits of the Permitted Continuous Use Period. The user acknowledges and agrees that failure to comply with this obligation will result in a penalty payable to àVélo, hereinafter detailed in Article 8 of these T&Cs.  

5.6. The user undertakes to return the Bike at any time if àVélo so requests.

5.7. Since the Bike is placed under the responsibility of the user, he or she undertakes to carry out, prior to the actual use of the Bike removed from the Dock, an elementary verification of its main apparent functional elements including, and in a non-exhaustive manner:

  • 5.7.1. Proper attachment of the seat, wheels, and pedals;  
  • 5.7.2. Proper functioning of the brakes, lighting, and bell, and;
  • 5.7.3. Overall condition of the frame and tires.

5.8. The user also undertakes to carry out, at the end of each ride, an elementary check of its main apparent functional elements, including but not limited to those described in Article 5.7, as well as the locking of the Bike to its Dock.


Article 6

RESTRICTIONS ON USE OF THE SERVICE

6.1. The user is prohibited from loaning, renting, or transferring a Bike, or using it for purposes not in accordance with these T&Cs.

6.2. The user is expressly prohibited from allowing in any way the use of the Bike by third parties, whatever they may be.

6.3. Access to the Service is open to users aged 18 and over with no licence required. Users under the age of 18 may access the Service under the following conditions:

  • 6.3.1. For users aged 14 and 15, they must have a moped licence (Quebec Class 6D).
  • 6.3.2. For users aged 16 and 17, they must have a moped licence (Quebec Class 6D) or a driver's licence.

6.4 The user may not recharge Bikes other than by returning them to Docks to exchange them for other charged Bikes.

6.5. The Service is intended for natural persons, to satisfy their personal transportation needs, and who thus benefit from an active mode of transport.

6.6. The use of the Service for commercial purposes (e.g., logistics transport, transport of goods, etc.) is therefore prohibited.


Article 7

RESPONSIBILITIES AND DECLARATION OF THE USER

7.1. The user shall assume full responsibility for any damage or harm caused, of any kind it may be, as a result of the user's use of the Service, including when it exceeds the Permitted Continuous Use Period.

7.2. The user declares to be aware of the risks associated with cycling and acknowledges using the Bike at his or her own risk and peril.

7.3. The parents or legal guardians of any minor who uses the Service will be held liable for any damage or harm caused by the minor as a result of the use of the Service.

7.4. In the event of an accident and/or incident involving the Bike or if he or she notices any breakage or problem with the operation of the Bike, the user has the obligation to report the matter by contacting 418 627-2511 (open from 7 a.m. to 7 p.m.) within 24 hours. The Bike remains under the full responsibility of the user, either until it is locked to a Dock or until it is hand-delivered to a representative of àVélo.

7.5. In the event of the disappearance of the Bike for which he is responsible, the user has the obligation to:

  • 7.5.1. report this disappearance by contacting 418 627-2511 within 24 hours of the occurrence of the event, and;
  • 7.5.2. file a complaint for theft with the police services of the City of Québec within 48 hours of the occurrence of the event.

Any loan exceeding the Permitted Continuous Use Period is considered a case of disappearance of the Bike and may result in the consequences and penalties provided for in Article 8.

7.6. The user declares to be able to use a Bike and to have no medical contraindications.

7.7. The user declares that all information registered in his or her user account is accurate, and that he or she meets the conditions described in these T&Cs.


Article 8

PENALTIES AND FAILURE TO COMPLY WITH T&CS

8.1. In the event of any breach by the user of these T&Cs, àVélo may prohibit the user from using the Service again and close his or her user account, without limiting àVélo's right to apply any other penalty or consequence provided for in these T&Cs. In the case of a user who has purchased a pass, àVélo may automatically terminate this pass, without any right to compensation for the user.

8.2. If the additional charges for minutes of use of the Bike exceeding the applicable time frame provided for in Article 4.4 cannot be paid automatically from the credit card registered in a user's account, àVélo may:

  • 8.2.1. in the case of a user who has purchased a one-way trip, charge such additional fees from the Pre-Authorized Amount;
  • 8.2.2. in the case of a user who has purchased a pass, terminate such pass, without any right to compensation for the user.

8.3. In the event of the disappearance of a Bike (i.e., in each case where the user does not return the Bike to a Dock before the end of the Permitted Continuous Use Period), without limiting the user's obligations under Article 7.5:

  • 8.3.1. àVélo may impose a penalty of $50 on the user as a compensation for any disturbances and inconveniences resulting from the process of recovering the Bike. In the case of a user who has purchased a one-way trip, this penalty may be charged from the Pre-Authorized Amount;
  • 8.3.2. In the case of a user who has purchased a pass, àVélo may terminate this pass, without the right to compensation for the user; and
  • 8.3.3. If àVélo considers, at its sole discretion, that it is unable to recover the Bike, it may charge the user an amount equivalent to the replacement value of the non-returned Bike.

8.4. In the event of degradation and damage to the Bike, or in the event of degradation or damage caused to a Station or a Dock by the fault or negligence of the user, the amount of the repairs will be at the expense of the user and will be invoiced.


Article 9

CREDIT CARD INFORMATION

The user is responsible for ensuring that the credit card information on file with his or her user account is always accurate and that fees associated with the use of the Service may be pre-authorized and charged to that credit card.


Article 10

CONFIDENTIALITY AND USE OF PERSONAL DATA

The RTC being subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR, c. A-2.1) and Capitale Mobilité being subject to the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1), they undertake to comply with them and their applicable provisions. The user may also refer to the Politique sur la confidentialité et la protection des renseignements personnels adopted by the RTC available at the following address: PO_Confidentialite-PRP_20181031.pdf (rtcquebec.ca).


Article 11

TRANSFER OF THE T&CS

No rights or privileges arising from these T&Cs are transferable to anyone in any manner whatsoever.


Article 12

TERMINATION

12.1. The user may request to cancel his or her or her pass by sending a written notice to the contact details indicated in Article 13 in the following cases:

  • 12.1.1. The pass has not yet been used. In this case, the user will be able to obtain a full refund.
  • 12.1.2. The pass has been used at least once, but the user wants to cancel it for one of the following reasons:
    • 1) Due to death or illness;
    • 2) Due to a move to another city.

In the cases provided for in Article 12.1.2, the user will obtain a refund of his or her pass in proportion to his or her use of the Service.

12.2 The termination of a pass causes, in all cases, the deactivation of the access to the Service.


Article 13

CONTACT DETAILS

For any customer support request, the user may use the following contact details:

Mailing address: 820, avenue Ernest-Gagnon, Québec (Québec), G1S 3R3
Phone: 418 627-2511
Email: info@rtcquebec.ca
Website: www.rtcquebec.ca/avelo


Article 14

GOVERNING LAW AND DISPUTE RESOLUTION

Any dispute relating to the execution of T&Cs, will be submitted to the jurisdiction of the competent courts of the district of Quebec, province of Quebec. These T&Cs are subject to the laws applicable in the province of Quebec.


Article 15

LIMITATION OF LIABILITY

The user exempts and guarantees in advance, the RTC and Capitale Mobilité, their partners, agents, content providers, employees, officers, directors or representatives (the "Representatives of the RTC and Capitale Mobilité") and the City of Québec, its elected officials, employees, officers, directors or representatives (the "City Representatives") (the RTC, Capitale Mobilité, the Representatives of the RTC and Capitale Mobilité, the City of Québec and the City Representatives, collectively hereinafter, the "Indemnified Parties"), against the prosecution and execution of any claim, including damages, resulting from the use of the Service by the user.

The user agrees to take up the cause of the Indemnified Parties in any action, suit, legal proceeding, sanction notice, claim or demand of any kind whatsoever, including for any damage caused to persons, things, property of others and Indemnified Parties in connection with the use of the Service by the user.


Article 16

COMPENSATION

The user agrees to compensate the Indemnified Parties from any judgment, fines, losses, costs, penalties, damages or direct expenses, suffered or incurred, including, without limitation, interest payment, reasonable investigative expenses, legal costs, reasonable costs and expenses for the services of a lawyer, accountant or other expert or other expenses related to a legal proceeding or other proceedings or other type of request, default or assessment incurred to contest any claim or suit of a third party resulting from the use of the Service by the user.


Article 17

AMENDMENTS TO THE T&CS

àVélo may at any time modify these T&Cs. The T&Cs can be consulted on the www.rtcquebec.ca/avelo website.

 

UPDATED ON JUNE 1st 2023