GENERAL CONDITIONS OF ÀVÉLO SERVICE ACCESS AND USE (“General Conditions”)


Article 1


PURPOSE


1.1. àVélo is a service implemented by Réseau de transport de la Capitale (“RTC”).
1.2. àVélo is a self-serve bike-share system (“Service”).


Article 2


ORGANIZATION OF THE SERVICE


2.1. The Service is made up of stations (“Stations”) comprising a pay terminal (“Terminal”) and docks for the Bikes belonging to the Service (“Docks”) where bikes can be rented, stored, and locked.
2.2. The Service rents electric power–assisted Bikes (Bikes), which can be returned at any Station.
2.3. The service area of the Service is within Quebec City. Use of the Service outside Quebec City is prohibited.


Article 3


AVAILABILITY OF SERVICE


3.1. Bikes may be used for a maximum of 24 consecutive hours (“Allowable Continuous Use Period”). Data collected by the Service tracks and records the length of time a given Bike is used.
3.2. The Service is available 24 hours a day, 7 days a week, beginning when Quebec City Bike paths open, without interruption except for reasons of force majeure, potentially dangerous weather conditions for users, and restrictions imposed on the Service or on Bike traffic inside the city limits by the authorities.


Article 4


PRICING


4.1. Pricing for the Service is shown on the RTC web site www.rtcquebec.ca/avelo. Prices are subject to change by RTC at any time without notice. Prices include applicable taxes.


4.2. The Service can be paid by Visa or Mastercard credit cards only. Debit card and prepaid credit cards are not accepted.


4.3. Users pays for the Service when purchased.


4.4. User will be charged extra fees if the trip exceeds the base time. These fees will be charged the night following end of trip (Bike is returned and locked into the dock of any Station)


Article 5


USER REQUIREMENTS


5.1 Users must accept the General Conditions of the Service upon the initial purchase


5.2 Users agree to use the Service as would a reasonable person exercising normal caution and diligence, for the intended purposes, and as set forth in these General Conditions, which exclude the following specifically:
5.2.1 Any violation of the rules of the road and in particular the Highway Safety Code.
5.2.2 Any use of the Bike on surfaces or under conditions damaging to it.
5.2.3 Any use of the Bike that endangers the user or anyone else, including carrying any passenger in any way whatsoever.
5.2.4 Any disassembly or attempted disassembly of the Bike, including theft of the entire Bike or any part of it.
5.2.5 More generally, any use of the Bike that RTC might consider irregular.


5.3 Helmets are mandatory for all users. Helmets must meet current standards.


5.4 Users agree not to exceed the maximum weight limit for the Bike. The maximum weight is 120 kg for the Bike and 10 kg for the basket.


5.5 Users are responsible for the Bike they remove from the Dock. They must make every effort to protect it from disappearance, damage, and destruction.


5.6 Users agree to return the Bike within the 24-hour Allowable Continuous Use Period. Users acknowledge and agree that a failure on their part to meet that obligation will result in a penalty payable to RTC as specified in Article 8 of these General Conditions.


5.7 Users undertake to return the Bike at any time at RTC’s request.


5.8 When the user takes responsibility for the Bike on removing it from the Dock, they agree to inspect the main visible functional components of the Bike before using it, including but not limited to checking that:
5.8.1 The saddle and pedals are properly attached
5.8.2 The bell, brakes, and lights are working properly
5.8.3 The frame and tires are in good condition


Article 6


USE RESTRICTIONS


6.1 Lending, renting, giving away, or using, RTC property, for purposes not in accordance with these General Conditions is prohibited.


6.2 It is expressly prohibited for users to allow a third party to use the Bikes in any way whatsoever.

6.3 Access to the Service is open to users aged 18 and over. Users under the age of 18 can access the Service under the following conditions:

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


6.4 The Service is for the use of physical individuals to meet their personal mobility needs through an active mode of transportation.


6.5 Use of the Service by economic actors or by physical individuals for commercial purposes (e.g., multipurpose transport, merchandise delivery, etc.) is therefore prohibited.


Article 7


USER RESPONSIBILITIES AND DECLARATIONS


7.1 The user is fully liable for any damage or injury of any kind whatsoever caused by their use of the Service, including use that exceeds the Allowable Continuous Use Period.

7.2 The user declares that they are aware of the risks involved in using an electric power–assisted Bike and agree to use the electric power–assisted Bike at their own risk.

7.3 The parents or legal representatives of any minor who uses the Service will be held liable for any damage or injury caused by the minor’s use of the Service.

7.4 In the event of an accident or other incident involving the Bike, the user must report it to RTC within 24 hours by calling 418-627-2511 (open 7 a.m. to 7 p.m.). The Bike remains the sole and exclusive responsibility of the user until it is either locked into a Dock or delivered personally to an RTC representative. If the Bike is not locked into a Dock or delivered personally, the user should secure it with the lock at the front of the Bike.

7.5 If a Bike under the user’s responsibility disappears, the user must:
1) Report the disappearance to RTC within 24 hours by calling 418-627-2511 and
2) Report the theft to the police department of Quebec City within 48 hours of the disappearance.
If a Bike is not returned within 24 hours (from the time it is removed from the Dock), it will be considered to have disappeared until such time as it is found or reported.


7.6 The user declares that they are able to ride a Bike and have no medical condition that prevents them from doing so.


7.7 The user declares that all the information they provide is accurate and in particular that they satisfy these General Conditions.


Article 8


PENALTIES


8.1 Upon the purchase of a Unique ride, the user authorizes RTC to withdraw a security deposit of $100 per Bike. This security deposit will be retained under the following specific terms and conditions: 8.1.1 Non-payment of additional charges for using the Bike minutes exceeding the base rate;

8.1.2 Failure to return the Bike within 24 hours following the start of rental;
8.1.3 Any other violation of the General Conditions by the user.


8.2 In the event of damage to the Bike the user will be liable for any repair costs, which will be billed separately. 8.3 In the event of theft or other disappearance of the Bike, the penalty charged will be $3,200.


Article 9


CHANGE OF RELATIONSHIP WITH CREDIT CARD ISSUER


The user undertakes to report any change in their relationship with the issuer of the credit card associated with their account that might affect the credit card issuer’s authorization of payment while the user holds a valid subscription. Notwithstanding the foregoing, the user hereby authorizes RTC to contact the credit card issuer for purposes of updating the information necessary to make withdrawals.


Article 10


CONFIDENTIALITY AND USE OF PERSONAL DATA


RTC is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR c A-2.1). Users may also see the RTC’s policy on confidentiality and the protection of personal information at PO_Confidentialite-PRP_20181031.pdf (rtcquebec.ca) (French only).


Article 11


INTERPRETATION AND TRANSFER OF GENERAL CONDITIONS


The user hereby undertakes to adhere to the General Conditions. The user understands that violation of the General Conditions may result in closure of their user account. No rights or privileges derived from the General Conditions is transferable to anyone whatsoever in any manner whatsoever.


Article 12


CANCELLATION

12.1 Users may request to cancel their membership by sending a written request to the RTC Customer Service in the following cases:


12.1.1 The membership is not yet active. In this case, the user an obtain a full refund of his subscription.
12.1.2 The membership is active, but the user wants to cancel for one of the following reasons:
1. The user purchased its membership by mistake and has not used it;
2. Due to death or illness.
3. 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 subscription in proportion to his use of the Service.

12.2 RTC may terminate any user membership in the event a user does not use the Service in accordance with the General Conditions without compensation.


12.3 Any cancellation will deactivate the user’s access to the Service.


Article 13


RTC CUSTOMER SERVICE CONTACT INFORMATION
720 rue des Rocailles, Québec City, Québec, G2J 1A5
Telephone: 418-627-4446
Web Site: www.rtcquebec.ca/avelo


Article 14


APPLICABLE LAW AND DISPUTE SETTLEMENT


Any dispute regarding the application of these terms and conditions will be subject to the jurisdiction of the courts of the province of Québec, district of Québec. These terms and conditions are subject to the applicable law of the province of Québec.


Article 15


LIMITATION OF LIABILITY


The user hereby waives, indemnifies, and saves harmless RTC and its partners, agents, suppliers, managers, directors, and representatives (“RTC Representatives”) and Ville de Québec and its elected officials, employees, managers, directors and representatives (“City Representatives”) (RTC, RTC Representatives, Ville de Québec, and City Representatives, hereinafter “Indemnified Parties”) from any suit or claim, in particular for damages, resulting from the use of the Service by the user.
The user undertakes to indemnify and save harmless the Indemnified Parties for any action, suit, proceeding, notice of violation, claim, or application of any kind whatsoever and specifically for any damages to persons, things, and property belonging to third parties or the Indemnified Parties related to the user’s use of the Service.


Article 16


COMPENSATION


The user undertakes to compensate the Indemnified Parties for any judgement, fine, loss, fee, penalty, damages, or direct expenses sustained or incurred, including but not limited to interest; reasonable investigative expenses; court costs; reasonable counsel, accounting, and other professional fees and expenses; other expenses arising from a lawsuit or other proceedings; or other types of claim, default, or assessment incurred in defending against any claim or suit by a third party resulting from the user’s use of the Service.


Article 17


AMENDMENTS TO THE GENERAL CONDITIONS


RTC may amend the General Conditions at any time. The General Conditions are available for consultation at www.rtcquebec.ca/avelo.


UPDATED MARCH 23rd, 2022