GENERAL CONDITIONS OF ACCESS AND USE OF THE PUBLIC SERVICE AUTOLIB’ APPLICABLE TO 26/10/2011
BETWEEN:
The user, hereinafter referred to as the “Subscriber”
AND
AUTOLIB’, a Limited Company with a capital of 40,040,000 €, whose head office is located at 23 rue du Professeur Victor Pauchet – 92420 Vaucresson, registered to the Companies and Trade register under number 493.093.256 RCS NANTERRE, represented by its President in office, hereinafter referred to as “Autolib’”,
PREAMBLE
The present General Conditions define, with the Particular Conditions of Access and Use hereinafter defined, the rights and obligations of the subscriber related to the Public Service Autolib’.
They collectively form the Contract of Access and Use of the Autolib’ Service (hereinafter referred to as the “Autolib’ Contract”).
Autolib’ is a public service the operation of which has been entrusted by the Syndicat Mixte Autolib’(an intercommunal cooperation) to the company Autolib’ whose contact details are specified above, in order to enable, specific access to the following services according to the terms and conditions fixed by the present Autolib’ Contract, for individuals with a subscription:
- short-term rental of self-service electric automobiles appointed to the public service Autolib’
- an electric charging infrastructure for electric two-wheeled vehicles or electric vehicles owned by subscribers.
ARTICLE 1 - DEFINITION
“Subscriber” means any adult individual, legally permitted, and having subscribed to the Autolib’ Contract allowing him/her to use and benefit from the Autolib’ Service under the conditions of said contract.
“Subscription” means the fixed payment periodically charged to the Subscriber according to the category that he/she will have chosen during the Subscription.
“Accessories for the Autolib’ Vehicle” means all of the equipment present in the Autolib’ Vehicle allowing access to the parking and use of it (in particular keys, route guidance display, card reader, Onboard Documents, mat, triangle, safety jacket,).
“Subscriber Accessories” means the objects and personal belongings of the Subscriber and people transported in the Autolib’ Vehicle during the rental of an Autolib’ Vehicle.
“Autolib’ Badge” means the RFID badge issued by the Operator to the Subscriber at the end of the Subscription process.
“Subscription Terminal” means the terminal enabling an adult individual to purchase by self-service 24 hours a day 7 days a week, by video conference with a member of the Operator’s staff, a subscription allowing access to the Autolib’ Service.
“Rental Terminal” refers to a Station or an Autolib’ Area in the terminal enabling the reservation of an Autolib’ Vehicle at the start of the journey, and an Autolib’ Vehicle Parking Space at the destination according to the conditions of the Autolib’ Contract.
“Other Charging Terminals” means the charging system dedicated to Other Vehicles and to Two-Wheeled vehicles present in parking spaces of certain Stations or Autolib’ Stations.
“Autolib’ Charging Terminal” means the charging system for the charging of Autolib’ Vehicles or Other Vehicles, situated in Autolib’ Stations or Spaces, open to the charging of Autolib’ Vehicles and exceptionally, under the particular pricing conditions of the Autolib’ Contract, to Other Vehicles.
“SOS Button” means the blue call button situated under the Autolib’ Vehicle Screen. This button allows contact, from the Autolib’ Vehicle, with the Customer Services Centre for assistance in the event of breakdowns or accidents.
“Autolib’ Reception” means the Operator’s information centre located in Paris (75009), 5 rue Édouard VII.
“Customer Services Centre” means the centre open 24 hours a day 7 days a week available either:
i) by telephone on 0800 94 2000 available for Subscribers and Non-Subscribers for the processing of their request (information, advice, account management, complaints, etc). Calls to the aforementioned number are free for callers; or
ii) The Subscription Terminal, the Rental Terminal or again the SOS Button.
“General Conditions of Access and Use” or “GCAU” means the present document accepted by the Subscriber.
“Particular Conditions of Access and Use” means the elements of identification of the Subscriber as well as the type of subscription taken out by the Subscriber and the tariff offer applicable to the Subscription, which together form an appendix in the General Conditions of Access and Use.
“Autolib’ Contract ” means the General Conditions of Access and Use and the Particular Conditions of Access and Use collectively.
“Service Opening Date” means the date of 5th December 2011.
“Two-Wheeled” means a bicycle, scooter or electric motorcycle for which the Subscriber has purchased a “2 Wheeled Vehicle Charging Subscription”.
“Onboard Documents” means collectively, the copy of the insurance certificate, copy of the car registration documents, the accordant accident report and the prepaid envelope to send the report which is present in the Autolib’ Vehicle.
“Screen” refers to the screen located on the dashboard of the Autolib’ Vehicle, which enables the use of GPS and in particular Guidance towards the Autolib’ Stations or Areas, access to the radio and to additional information.
“Autolib’ Areas” means an area of hiring, returning or charging Autolib’ Vehicles and charging of Other and Two-Wheeled Vehicles for the areas referred to on the Autolib’ website. It can be identified by signs, road markings and by the presence of Self-Service charging terminals, a Rental Terminal and a shelter with an indoor Subscription Terminal allowing subscription 24/7. The Operator’s staff is present from 8am to 8pm.
“Client Area” means the managing area online accessible by the Subscriber via a dedicated section on the Autolib’ website after authentication and from which the Subscriber has in particular, the possibility to manage his personal information, to refer to his Autolib’ Contract and his invoices.
“Operator” means the Autolib’ Company, Limited Company with a capital of 40,040,000 €, whose head office is located at 23 rue du Professeur Victor Pauchet – 92420 Vaucresson, registered to the Companies and Trade register under the number 493.093.256.
"Autolib’ Vehicle Parking Space" means the parking space reserved for Autolib’ Vehicles in a station or Autolib’ Area. Each Autolib’ Vehicle parking space has an Autolib’ Charging Terminal.
“Other Vehicle Parking Spaces” means the parking space reserved for an Other Vehicle in a Station or Autolib’ Area. Each Other Vehicle parking space has an Other Charging Terminal.
“Autolib’ Service” means the self-service short-term rental service of Autolib’ Vehicles by a Subscriber as well as the self-service use service by a Subscriber who has purchased a specific “charging” Subscription of electric charging infrastructures for a Two-Wheeled or Other Vehicle.
“Autolib’ Website” means the website available at the address http://www.autolib.eu
"Station" includes the same device as the Autolib’ Area except the shelter and its Subscription Terminal, and except the Operator’s staff.
“Autolib’ Vehicle” refers to the fleet of electric BLUECAR cars made available to the Subscribers by the Operator.
“Other Vehicle” means an electric automobile vehicle other than an Autolib’ Vehicle for which the Subscriber has purchased an “AUTO Charge Subscription”.
ARTICLE 2 – OBJECT
The Autolib’ Contract aims to define the conditions and terms of access and use of the Autolib’ Service. Any access and any use of the Autolib’ Service is subject to the Subscriber’s compliance with the Autolib’ Contract.
ARTICLE 3 – SUBSCRIPTION PROPOSED BY THE OPERATOR
The Subscriber may choose between the following Subscriptions the pricing of which is specified in the pricelist in effect at the date of the Subscription by the Subscriber:
3.1 Subscription for the rental of an Autolib’ Vehicle
- Premium Solo 1 YEAR: The duration of this subscription is 365 days from the date of subscription. It is adapted to a frequent use of the Autolib’ Service. The Subscriber benefits from particular service offers advantages.
- Premium Family 1 YEAR: The duration of this subscription is 365 days from the date of subscription. It is adapted to a frequent use of the Autolib’ Service by Subscribers sharing the same usual place of residence and subscribing collectively and simultaneously to this type of Subscription. However, the Subscription remains individual. The Subscriber benefits from particular advantages of service offers.
- Weekly 7 DAYS: The duration of this Subscription is 168 hours from the time of subscription.
- Discovery 24Hrs: The duration of this Subscription is 24 hours from the time of
subscription.
3.2 Other Vehicle Charging Subscription
- AUTO Charge: The duration of this Subscription is 365 days from the date of subscription. It enables a Subscriber to charge his/her Other Vehicle at an Other Parking Space according to the conditions specified in the Autolib’ Contract or at an Autolib’ Vehicle Parking Space according to the special prices specified in the price list offers in the Particular Conditions of Access and Use.
- 2 WHEELED Charge: The duration of this Subscription is 365 days from the date of subscription. It enables a Subscriber, according to the conditions specified in the Autolib’ Contract, to charge his/her Two-Wheeled Vehicle at the Other Parking Space indicated by specific road markings.
ARTICLE 4 – CONDITIONS OF SUBSCRIPTION
4.1 Access to Subscriptions is reserved for adult individuals with the full legal capacity.
4.2 In order to take out a Subscription, the Subscriber must meet all of the following conditions:
4.2.1 To be over 18 at the time of the subscription;
4.2.2 To be the holder of a national identity card (for French nationals or European Union citizens) or a valid passport
4.2.3 Except for the issue of the Auto Charge or 2 WHEELED Charge Subscriptions,
For French nationals or citizens of the European Union
- To be the holder of a valid category B national driving licence
For citizens of countries outside of the European Union
§ To be the holder of a valid national driving licence with a photograph issued by the authorities of the native country,
And
§ To be the holder of a valid international driving licence
The Operator reserves the possibility to carry out periodic controls of the Subscriber’s driving licence in order to ensure its validity and to respect the aforementioned subscription conditions.
A Subscription will be refused if the holder is in possession of a “blank” or limited validity licence, or a driving licence which is declared lost or stolen.
- To be the holder of :
§ A bank or credit or debit card (exclusively Carte Bleue, Visa, Eurocard-Mastercard). The bank card must belong to the Subscriber and must correspond to the bank card used for the payment of the Subscription,
or
§ A bank account in the name of the Subscriber. The bank account must be held with a bank located on French territory and accept debits by debit authorisation signed by the Subscriber.
4.2.4 Not to be in the Operator’s debt of (a) sum(s) for which he will not pay under the previous Autolib’ Contract.
ARTICLE 5 – SUBSCRIPTION TERMS
5.1 Means of Subscription to the Autolib’ Service
The subscriber can purchase a subscription in the following ways:
5.1.1 At the Subscription Terminal located in an Autolib’ Area or in the Autolib’ Reception
The subscription takes place in assisted mode by videoconference. After having selected the language, the subscriber is put in touch with an Operator’s telecommunications operator.
After having selected the type of Subscription form the current pricelists presented by the telecommunications operator, the subscriber selects on screen the type of subscription chosen for which the duration and the price are displayed as well as the price for rentals and the excess to be paid in the event of accidents.
In order for the Subscriber to make the purchase, the following necessary elements must be provided for the fulfilment of Particular Conditions of Access and Use:
- In order to be scanned, the subscriber must place the following documents on the dedicated screen in the Subscription Terminal:
- For French nationals or citizens from countries in the European Union
§ A valid category B national driving licence,
- For citizens from countries outside of the European Union
§ A valid national driving licence with a photograph issued by the authorities of the native country,
and
§ A valid international driving licence.
It is not necessary for subscribers who wish to purchase an AUTO Charge Subscription or a 2 WHEELED Charge Subscription to place their driving licence on the screen.
- A valid national identity card (for French nationals or European Union citizens) or a valid passport.
- The subscriber must then provide the telecommunications operator with the following information:
- Email address and/or mobile telephone number
- address
The telecommunications operator, after having completed the Subscriber’s file with the documents and information provided, will invite the subscriber to create and confirm his/her password to proceed to rent Autolib’ Vehicles. Then after the telecommunications operator has provided him/her with the summary of the collected information, the subscriber will be invited to proceed to the confirmation step by pressing the screen.
The subscriber must then:
- take a photo of his/her face for his/her identification under the strict access of the Autolib’ Service,
- Confirm the GCAU by expressing his/her agreement by pressing the screen,
- Pay his/her Subscription fee according to the terms established in article 7.2 of the present GCAU and authorise the debiting of his/her future rentals or other payments required by the Autolib’ Contract, by introducing his/her personal bank card in the card slot after composing his/her personal bank card PIN number.
After the payment is confirmed, the Subscription Terminal will issue his/her Autolib’ Badge. The latter is registered, personal and not transferable. It can not be lent to another person. For the Subscribers to Premium Solo 1 YEAR and Premium Family 1 YEAR, the Autolib’ Badge issued will be temporary and the Subscriber will receive the permanent Autolib’ Badge by post within fifteen days.
5.1.2 On the Autolib’ Website
The Subscriptions may be purchased on the Autolib’ website.
The subscriber must firstly choose the type of Subscription. He/she must then enter the client information, send the necessary administrative documents mentioned in article 5.1.1 of the present GCAU necessary to the establishment of the Particular Conditions of Access and Use and then finally choose his/her method of payment.
5.1.2. a) Debit payment with bank account details
If the subscriber scans and electronically sends the documents mentioned in article 5.1.1 of the present GCAU or sends them by post to the Operator, the subscriber must confirm the GCAU on the Autolib’ website and declare that he/she is the holder of a valid driving licence. When the Operator has checked the documents and confirmed that he/she has received debiting authorisation duly filled in and signed with the bank account details, he/she will send an SMS or letter to the Subscriber to inform him/her that he/she may go, at his/her own convenience, within a maximum period of fifteen (15) days to a Subscription Terminal to collect his/her Autolib’ Badge and begin using the Service. A permanent Autolib’ Badge will be sent to him/her within fifteen days. The Subscription will take effect from the sending of the SMS or letter of confirmation by the Operator to the Subscriber.
If the subscriber prefers not to scan and transfer the documents mentioned above on the Autolib’ website or not to send them by post to the Operator, he/she can go to a Subscription Terminal to scan the aforementioned documents. As soon as the Operator receives the debiting authorisation duly filled in and signed with the bank account details, he will send a pre-subscription code to the subscriber by SMS/email to inform him/her that he/she must proceed to a Subscription Terminal with all of the aforementioned documents within a maximum period of fifteen (15) days from the date of receipt of the code. The confirmation of the GCAU and the possession of a valid driving licence will thus be declared at the Subscription Terminal. The subscription will come into effect from the completion of the Subscription by the subscriber at the Subscription Terminal finalised by the issuing of an Autolib’ Badge.
5.1.2.b) Payment by bank card
If the subscriber scans and sends the aforementioned documents electronically or sends them by post to the Operator: the Operator, after having checked the documents mentioned in article 5.1.1 of the present GCAU, will send a pre-subscription code to the Subscriber, who must go to a Subscription Terminal within a maximum period of fifteen (15) days from the receipt of the pre-subscription code in order to complete his/her Subscription. The confirmation of the GCAU and the declaration of the possession of a valid driving licence will thus take place at the Subscription Terminal. The Subscription will come into effect after the completion of the Subscription by the subscriber at the Subscription Terminal finalised by the issuing of an Autolib’ Badge.
5.1.2.c) Expiry date
In the event that the Subscriber does not conform to the necessary requirements in order to obtain a permanent Subscription within the period of 15 days mentioned above, the Subscription process in progress will become null and void. The Subscriber will have to restart all of the steps provided in article 5.1.1 or article 5.1.2 of the present GCAU in order to take out a subscription.
5.2 Right of withdrawal
The Subscriber having purchased a Subscription has the option to exercise his right to withdraw within a period of seven (7) days from the subscription by certified mail with acknowledgement of receipt. In the event of this, the Operator will reimburse the sums transferred by the Subscriber within a period of 15 days from the date of receipt of the said certified mail.
When the period expires on a Saturday, Sunday, Bank Holiday or day off, it is extended until the first following working day.
In accordance with article L. 121-20-2 of the Consumption Code, the Subscriber who uses the Autolib’ Vehicle rental service or the Other Vehicle charging service via the purchased Subscription, before the end of the seven (7) clear days period, expressly gives up the benefit of his/her right to withdrawal.
ARTICLE 6 – TERMS OF USE OF THE AUTOLIB’ SERVICE
6.1 General clauses
In the framework of the Autolib’ Service, the Subscriber may proceed to:
- the reservation of an Autolib’ Vehicle on departure:
- at the dedicated Rental Terminals in the Autolib’ Stations and Area
- by contacting the Autolib’ Customer Services Centre
- on the Autolib’ website from the date indicated by the Operator;
- the reservation of a space at the destination from the Rental Terminals or by contacting the Autolib’ Customer Services Centre or from the Autolib’ website from the date indicated by the Operator;
- the rental of an Autolib’ Vehicle at the dedicated Rental Terminals;
- to return the Autolib’ Vehicle to an Autolib’ Space or Station different to that of collection;
- to charge an Autolib’ or Other Vehicle at dedicated parking spaces.
6.2 . Use of the Autolib’ Rental Terminal
6.2.4 Reservation of an Autolib’ Vehicle at starting point
a) The Subscriber may reserve an Autolib’ Vehicle from the Rental Terminal by contacting the Customer Services Centre or by accessing the Autolib’ website from the date indicated by the Operator. After the reservation has been made, the Subscriber has a period of twenty (20) minutes to proceed to the Station or Autolib’ Space indicated and take his/her Autolib’ Vehicle.
b) Hereafter, the Autolib’ Vehicle is made available again and the Subscriber will owe the Operator a flat rate sum of five (5) Euros.
6.2.4 Use of the Autolib’ Rental Terminal Interface
a) When the Subscriber touches the screen, he/she will be asked to present his/her Autolib’ Badge. After confirmation of the validity of his/her Subscription, the Rental Terminal will suggest that the Subscriber rents an Autolib’ Vehicle at the Station he/she is at or to reserve a vehicle in one of the eight (8) closest Stations, to reserve an Autolib’ Vehicle in one of the Autolib’ Service Stations by using the Rental Terminal by contacting the Customer Services Centre or to reserve the Autolib’ Vehicle on the Autolib’ website from the date indicated by the Operator.
i) if an Autolib’ Vehicle is available at the Station, the Subscriber will be asked to declare, in particular:
- that his/her driving licence is valid,
- that he/she is not suffering from a state of excessive fatigue or is not under the influence of alcohol, drugs, medication or any other legal or illegal substance which would alter his/her ability or capacity to react,
and to confirm the General Conditions of Use and Access to the rental service. At the end, a message will invite the Subscriber to use the identified Autolib’ Vehicle.
ii) If no Autolib’ Vehicle is available at the Station, a message combined with a geographic card will invite the Subscriber to reserve an Autolib’ Vehicle in one of the 8 closest Stations where an Autolib’ Vehicle is available. After the reservation, the Subscriber will then have 20 mins to proceed to the indicated Station and take his/her Autolib’ Vehicle. Hereafter this period, the clauses of b) article 6.2.1 shall apply.
iii) If he/she wishes, the Subscriber may reserve a parking space at the destination, at the desired Station, during a period limited to ninety minutes from the time of his/her reservation. This reservation will take place:
- either from the Service Opening Date from the Autolib’ Vehicle by contacting the Customer Services Centre
- or at the Rental Terminal by contacting the Customer Services Centre
- or from the date indicated by the Operator, on the Autolib’ website.
If there is no available parking space at the Station selected by the Subscriber, the Customer Services Centre computer system or the Autolib’ website, according to the situation, he/she will be offered a parking space in one the eight closest Stations initially requested by the Subscriber.
b) Access to the Autolib’ Vehicle
Disconnection from the Autolib’Vehicle from the Autolib Charging Terminal
As soon as the confirmation message is received by the Rental Terminal inviting the Subscriber to use the identified Autolib’ Vehicle, the power supply is stopped from the Charging Terminal to the said Autolib’ Vehicle. The Subscriber presents his/her Autolib’ Badge on the protective cover of the Charging Terminal in order to release it. Then, the Subscriber disconnects the power cable from the Autolib’ Vehicle. It is understood that the Subscriber alone ensures the disconnection from the Charging Terminal and the putting away of the cable in the area established at the Charging Terminal. However, in the event of difficulty, he may call to the staff present in an Autolib’ Area or contact the Customer Services Centre through the Rental Terminal for assistance.
The unplugging of the power cable from the Autolib’ Charging Terminal initiates the start of the rental. In order to take into consideration the time linked to the process below of effectively taking the Autolib’ Vehicle, it is agreed that for each rental period of an Autolib’ Vehicle, the Subscriber will not have to pay a sum corresponding to the first two minutes of use of the Autolib’ Vehicle.
In the event a Subscriber, after having made a rental request at the Rental Terminal and after having released the Autolib’ Vehicle, nevertheless remains parked without disconnecting the power cable from the Autolib’ Vehicle from the Charging Terminal, the price for a normal rental for which the details are listed in the subscribed price lists will be charged to him/her as from the second minute, as a penalty. After ten (10) minutes of rental without disconnecting from the power cable, the Autolib’ Vehicle will become available again.
6.2.3 Opening of the Autolib’Vehicle
The Subscriber presents his/her Autolib’ Badge, on the reader present on the window of the left side of the indicated Vehicle. The presentation of the Autolib’ Badge on another Autolib’ Vehicle will prompt an error message on the reader.
6.2.4 Starting up of the Autolib’ Vehicle
The Subscriber starts the Autolib’ Vehicle by using the contact key present in the said Vehicle.
He must confirm the sufficient range of the Vehicle for the journey which he expects to carry out.
The Autolib’ Vehicle can only be started if the power cable is properly unplugged and arranged in the Charging Terminal compartment.
On the departure from the Autolib’ Station, a signal will indicate that the space is available again.
6.2.5 Inventory at the rental and on return of the Autolib’ Vehicle- Return process of Autolib’ Vehicle
a) Inventory at the rental of the Autolib’ Vehicle
The Subscriber will carry out a visual assessment of the latter. If the Autolib’ Vehicle is damaged or dirty, the Subscriber will declare it to the Customer Services Centre through the Rental Terminal.
b) Return process of Autolib’Vehicle – Reconnection and inventory on returning the Autolib’ Vehicle:
i) General Procedure
The return of an Autolib’ Vehicle is carried out at the Autolib’ Vehicle Charging Terminal. It takes place according to the steps described below:
On returning the Autolib’ Vehicle, after winding the windows up, the Subscriber turns off the engine and applies the handbrake. Then, he places the Autolib’ Badge on the Charging Terminal which will release the cover allowing access to the charging cable. The Subscriber reconnects the cable on taking the Autolib’ Vehicle. He then locks the Autolib’ Vehicle by presenting his Autolib’ Badge on the reader. The connection of the cable ends the rental of the Autolib’ Vehicle.
ii) Particular Process
If the Subscriber has not reserved a parking space for his/her destination from the Rental Terminal or, from the date stated by the Operator, on the Autolib’ website, and if the destination Station to which the Subscriber wishes to return the Autolib’ Vehicle does not have any available parking spaces, he/she will contact the Customer Services Centre who will indicate the 8 closest available stations to him/her which have available parking spaces to return the Autolib’ Vehicle.
If there is no available parking space in the 8 Stations, the Customer Services Centre will designate him/her an Autolib’ Space at which he/she will be able to return the Autolib’ Vehicle from 8am to 8pm by entrusting it to an Operator agent who will take charge of it. Thus, at the destination in the immediate vicinity of the Autolib’ Space, the Subscriber will stop his Autolib’ Vehicle. An Operator agent will come to meet him. After the Subscriber has informed the Operator Agent of any of any possible damage to the Autolib’ Vehicle and in this case has put the accident form in the prepaid envelope, the Subscriber accepts that the rental immediately comes to an end.
6.3 Recharging an Other Vehicle or a Two-Wheeled Vehicle
The Subscriber who will have purchased a Subscription for the charging of an Other Vehicle or a Two-Wheeled Vehicle must present his Autolib’ Badge to the Other Vehicle Charging Terminal. In exceptional cases and notwithstanding what precedes, Other Vehicles may be charged at an Autolib’ Parking Space. In this case, the Subscriber must pay a special price established in the price list in the Particular Conditions of Access and Use. This exemption does not apply to Two-Wheeled Vehicles which can only be charged at an Other Vehicle Parking Space.
After the confirmation of the validity of his/her Subscription by presenting the Autolib’ Badge to the established parking space, the door of the Autolib’ Charging Terminal or of the Other Charging Terminal will open and allow the Subscriber to connect the Other Vehicle or the Two-Wheeled Vehicle. Once the Other Vehicle or the Two-Wheeled Vehicle is charged, the Subscriber will have to put his/her Badge on the charging terminal and put the Charging Terminal cable back.
The charging time in an Other Vehicle Parking Space is limited to two (2) hours.
6.4 Temporary Parking
The Subscriber is authorised during the period of his rental to park an Autolib’ Vehicle for fifteen (15) minutes in an available space (neon green indicator only for Autolib’ Charging Terminals) of an Autolib’ Vehicle Parking Space without having to proceed to reconnect the cable for the Autolib’ Charging Terminal. In any case, the duration of the rental cannot be interrupted.
From the stopping of the Autolib’ Vehicle, the Subscriber must identify himself/herself by using his/her Autolib’ Badge at the Rental Terminal at the parking area or in the Autolib’ Vehicle by using the “temporary parking” function. The Subscriber will note the number of the Autolib’ Vehicle Parking Space at the Rental Terminal or in the Autolib’ Vehicle.
At the time of the repossession of his/her Autolib’ Vehicle, the Subscriber will identify himself/herself at the Rental Terminal by using his/her Autolib’ Badge or in the Autolib’ Vehicle and will confirm his/her departure.
Temporary parking is limited to a duration of fifteen minutes. Hereafter, an additional cost of one euro for every five additional minutes of the rental in progress will be added to the rental price of the Autolib’ Vehicle per day.
6.5 Assistance Process
6.5.1 Start of the process
The Subscriber will press the SOS Button to contact the Customer Services Centre. The latter will proceed with the Subscriber to give an assessment of the condition of the Autolib’ Vehicle and its contents.
6.5.2 Intervention by the Customer Services Centre
a) Physical or material injury accident
In the event of physical injury, the Customer Services Centre will contact the emergency services (mobile accident unit, fire service) as well as the police. The rental of the Autolib’ Vehicle will end when the Subscriber is incapable to drive the Autolib’ Vehicle again or if the Autolib’ Vehicle is no longer fit for use.
In the event of material damage not affecting the physical ability of the Subscriber and insofar as the Autolib’ Vehicle is no longer fit for use, at the discretion of the Customer Services Centre, it will make an Autolib’ Vehicle available to the Subscriber until he/she reaches the closest station (an Autolib’ agent is dispatched for formalities), or enable the Subscriber to get back to the destination Station. The time of the accident brings the rental of the Autolib’ Vehicle to an end.
Unless he/she is physically unable to, the Subscriber will fill in and send the accident report for which a blank copy will be present in the Autolib’ Vehicle in the Onboard Documents, using the prepaid envelope as soon as possible and at the maximum of 5 (five) days after the accident.
In the event of an accident, the Subscriber must, except in the event of physical injury with hospital care, stay next to the Autolib’ Vehicle until the arrival of a repair service. Failure to do so, will lead the Subscriber to be charged for the repairs service.
b) Autolib’ Vehicle breakdown or puncture
The Customer Services Centre will send a breakdown mechanic to the Autolib’ Vehicle in order to take care of the Autolib’ Vehicle and evacuate it.
At the discretion of the Customer Services Centre, it will make a new Autolib’ Vehicle available to the Subscriber until his/her destination Station (an Operator agent is dispatched for formalities), or will enable the Subscriber to get back to his destination Station. The breakdown puts an end to the Autolib’ Vehicle rental. In any case, the Subscriber must stay next to the Autolib’ Vehicle until the arrival of a repair service or the Operator agent. Failure to do so, will lead the Subscriber to be charged for the repairs service.
c) Suspension of invoicing
The invoicing linked to the use of the Autolib’ Vehicle is suspended for the duration of the relative assessments of points a) and b) above.
ARTICLE 7 PAYMENTS
7.1 General provisions
The Subscriber agrees to pay, subject to other requirements relating to the Service, all the amounts listed below, which are the subject of the present document, namely:
- The Subscription,
- The price of using the Autolib' Service,
- The optional services used,
- Tolls, fines and violations of traffic laws,
- The penalties listed in Appendix 1,
- Possibly different costs incurred by the Operator (including bank or legal charges) to recover money owed by the Subscriber.
In general, the Subscriber agrees to be up to date with regard to his/her financial obligations vis-à-vis the Operator for the duration of the Autolib' Contract. In any event, the Subscriber may not purchase a new subscription if he/she has not paid all the sums that he/she should have paid to the Operator under the previous subscription.
The amounts owed by the Subscriber will bear interest as laid down in Appendix 1 of these General Conditions.
The Subscriber agrees to review periodically his/her Customer Area on the Autolib' Internet Site, in order to examine all new messages and information concerning him/her or access to the Autolib' Service, and in particular to consult his/her invoices.
The Subscriber can request the sending of a duplicate copy of his/her bill upon payment of a sum of two (2) Euro per invoice.
7.2 Payment of the Subscription
The payment of Subscriptions for "Premium Solo 1 YEAR", "Premium Family 1 YEAR", "AUTO Charge" and "2-WHEELED Charge" will be made in twelve equal monthly instalments, the first being due upon undertaking the Subscription.
The Subscriptions for the "Weekly 7 DAYS" and "Discovery 24Hrs" are due upon undertaking the subscription.
7.3 Payment of rentals or recharges on the Autolib ' charging terminals
The amounts due for the rental of the Autolib’ vehicle are required to be paid at the end of each rental period.
The payment for taking charge of the other vehicle at an Autolib’ charging station is due at the end of each disconnection of the cable from the charging station.
7.4 Update of the means of payment
The Subscriber agrees to update his/her contact and banking information with respect to any possible changes, so that the information from the Subscriber, which is available to the Operator, is up to date throughout the term of the Autolib’ Contract.
In particular, if payment is made by direct debit, the Subscriber agrees to update his/her bank account information before any withdrawal.
In the case of the expiry of the validity of his/her bank card, the Subscriber agrees, 15 days before the expiry of the card, either to contact the Client Relations Centre or to go to the charging station for the Subscription to give notification of the details of his/her new bank card or to update them on his/her customer account. This update must take upon receipt of the new bank card and before the expiration of the previous one.
The expiration date of the bank card used as an underlying guarantee must always exceed by a minimum of two (2) weeks, the due date of the Autolib’ Contract.
In case of non-compliance, the Operator will suspend access to the Autolib’ Service until the Subscriber has rectified the situation. During suspension of any access to the Autolib’ Service, the Subscriber will still remain liable for any deadlines relevant to his/her subscription.
7.5 Security Deposit
A security deposit, the amount of which appears in the tender rate specified in the Special Conditions of Access and Use, can be asked for i) guaranteeing payments of the deductible amounts under the conditions of the Autolib’ Contract, ii) guaranteeing payments for use of the service, iii) guaranteeing the return of the Autolib’ vehicle and the payment of damages to be borne by the Subscriber, iv) guaranteeing payments of penalties incurred by the Subscriber in case of disregard of his/her obligations with respect to the Autolib’ Contract.
The security deposit will be equivalent to the amount of the sum deductible applying to the Subscriber as detailed in section 9.5 of the current GCAU.
The security deposit will be partially or completely obtained by the Operator in the cases foreseen in Appendix 1 of the Autolib’ Contract. The Subscriber will agree henceforth that the Operator may collect the deposit from his bank account using the debit authorisation or using his/her bank card. Any new use of the Service will be conditional on the provision of a security deposit pursuant to the Autolib’ Contract.
In the absence of events justifying the collection, complete or partial, of the security deposit, the latter will be repaid by the Operator upon closure of the Autolib’ Contract, and within a maximum period of eight (8) days before the end of the Subscription.
The amount deposited will bear no interest before the final date for restitution pursuant to this item. The reimbursement will be made by bank transfer.
If the security deposit is not made by the date of application requested by the Operator, the Autolib’ Contract will end on this same date without the Subscriber being able to claim any indemnity whatsoever due to the termination of the Autolib’ Contract.
7.6 Advance upon consumption
7.6.1 An advance upon consumption will be debited against the bank card of the Subscriber or collected from the Subscriber's bank account when outstanding amounts, due under a terminated rental period or during the course of the rental period, will exceed an amount of two hundred (200) Euro.
7.6.2 The Operator will be able to proceed with the suspension of access to the Autolib’ Service, or where appropriate, limit access to the Service in case of refusal or pending resolution in advance of consumption by the Subscriber. This advance upon consumption will be deducted from the amounts due and forthcoming from the Subscriber and will be repaid where appropriate at the latest within a period of ten (10) days following payment of the last invoice.
ARTICLE 8 OBLIGATIONS OF THE SUBSCRIBER
8.1 The subscriber must drive the Autolib’ vehicle like a good father, in accordance with the conditions set forth in this section and the current GCAU, while scrupulously respecting the provisions laid down in the Highway Code.
Thus, for reference, the Subscriber must take care of the Autolib’ vehicle, ensure that it is locked, safe and parked in a secure place when he/she is not using it, and must use all security devices provided with the Autolib’ vehicle.
The Subscriber is required upon accessing the Autolib’ vehicle to check the presence of the accessories of the Autolib’ vehicle and the documents required to be carried, and in their absence he/she must immediately notify the Customer Relations Centre by using the SOS button.
He/she must also use the safety belts, child seats and all other devices intended to protect children. The Subscriber has the possibility to rent child booster seats upon payment of the rental price specified in the tendering rate as foreseen in the Specific Terms of Access and Use. In order to make use of this service, the Subscriber must contact the Customer Relations Centre so that a child booster seat is made available at the Autolib’ Reception Centre. The Subscriber is required to return child booster seats to the Reception Centre. Otherwise the penalty will apply as foreseen in Appendix 1 of the current GCAU.
Furthermore it is forbidden to smoke, drink and eat inside the vehicle. These restrictions apply both to the driver and to all passengers.
8.2 The Subscriber cannot use the Autolib’ vehicle or allow someone else to use it:
a) For transporting passengers upon receipt of payment;
b) For transporting goods upon receipt of payment;
c) To tow or push any vehicle, to tow any other object (without the express permission of the Operator);
d) off roadways or paths adaptable for the Autolib’ vehicle;
e) when the Autolib’ vehicle is overloaded or when the loads carried are not properly fastened down;
f) for transporting objects or substances (flammable, corrosive, toxic, explosive, ionising or combustible materials ...) which, as a result of their condition or smell could damage the Autolib’ vehicle and/or delay the possibility of any future new rental of the Autolib’ vehicle;
g) for taking part in car races, rallies, trials or any other competitions;
h) in breach of the Highway Code or other regulations;
i) for any illicit purpose;
j) for any sublet arrangement, whether free or for payment;
k) for driving lessons;
l) if it is used in violation of any of the conditions described in articles 8.3 to 8.4 below.
Moreover, it is forbidden to push or tow an Autolib’ vehicle for any reason whatsoever.
8.3 Authorised driver of the Autolib’ vehicle
The Autolib’ vehicle can only be driven by the Subscription holder who has rented the vehicle. The Subscriber agrees not to allow the Autolib’ vehicle to be driven by any other person even if this individual is also a Subscriber. If the Subscriber does not respect this commitment, the penalties described in Appendix 1 of the Autolib’ Contract will apply.
8.4 Driving Licence
The Subscriber agrees that when he/she uses an Autolib’ vehicle, he/she is the holder of a driving licence issued as valid by the competent authorities in his/her country of origin and which has not been suspended, nor annulled nor withdrawn and has not expired at the time of undertaking the Subscription and at the time of any rental of an Autolib’ vehicle.
8.5 Ability to drive
The Subscriber agrees that at the time of the use of an Autolib’ vehicle he/she is not suffering from a state of excessive fatigue, or under the influence of alcohol, drugs, medication or any other legal or illegal substance affecting his/her faculties or his/her capacity to properly control the Autolib’ vehicle placed at his/her disposal. Failing that, the Subscriber will lose the benefit of his/her insurance coverage. The Subscriber will confirm his agreement upon each new Autolib’ vehicle rental at the rental location.
8.6 Traffic Restrictions
The Autolib’ vehicle can only be used within the administrative perimeter of the region of Ile de France (henceforth called the “Autolib’ Zone”). Taking the vehicle outside the region of the Ile de France will result in a summons being taken up with respect to the Autolib’ vehicle by the Customer Relations Centre against the Subscriber. If the Subscriber does not respect this requirement, the penalties described in Appendix 1 of the current CGAU will apply.
8.7 Animals – heavy packages
Animals are not allowed on board the Autolib’ vehicle. Carrying heavy packages on board the Autolib’ vehicle is forbidden.
Similarly the Autolib’ vehicle cannot be used to move goods.
8.8 Accident or incidents
In case of accidents, the Subscriber will agree:
- to secure the Autolib’ vehicle and immediately inform the police or the gendarmerie and emergency services if someone is injured.
- to immediately inform the Customer Relations Centre
- to send, within a maximum of 5 days of the occurrence of the claim, the accident report using prepaid envelope.
- to write legibly, even in case of damage not involving a third party, an accident report detailing the circumstances of the accident countersigned where appropriate by the driver(s) of the other vehicle(s) involved in the accident.
- to inform the Customer Relations Centre of the exact circumstances of the accident, its known or presumed causes and where appropriate , the name and the address of the persons injured, and if possible any witnesses;
- to collaborate with the insurance company of the Operator using all means deemed necessary by the insurance company concerned, and to provide them with exact, precise information.
8.9 In the case where the Subscriber's obligations, notably as described in article 8 of the current GCAU, are not observed, he/she will be required to indemnify the Operator for all responsibilities and losses, all damages and interest charges and/or all expenses which the Operator has incurred as a result of the infringement of the Subscriber.
ARTICLE 9 INSURANCE
9.1 Civil Liability Insurance
9.1.1 By undertaking the subscription, the Subscriber of an Autolib’ vehicle requires obligatory civil liability insurance which conforms to articles L.211-1 to L.211-8 of the Insurance Code, the cost of which is included in the price of the Subscription.
9.1.2 Civil liability insurance covers:
9 physical injuries caused to third parties by the Subscriber to an unlimited amount, and material damage up to 100.000.000 (one hundred million) Euro
9 material damage caused to third parties by the Subscriber resulting from a fire or the explosion of the Autolib’ vehicle, whether it resulted or not from an accident - up to 10 000 000 (ten million) Euro.
9.1.3 The warranty is also extended to civil responsibility which the Subscriber can incur vis-à-vis the passengers in the Autolib’ vehicle for damages which are caused to them from the point of getting into the vehicle to the point of getting out, within the limit of the number of seats allowed in the Autolib’ vehicle.
9.1.4 Not included under the warranty are:
- any deliberate acts,
- damages caused to goods and objects being transported by Autolib’ vehicle,
- repair of damages inflicted by the perpetrators, sponsors and accomplices of the theft of the Autolib’ vehicle,
- all events excluded under articles R 211-10 and R 211-11 of the Insurance Code.
9.1.5 In the event of the implementation of the warranty in the case of death or of physical or material injury by third parties resulting from any use of the Autolib’ vehicle in violation of the terms and conditions of the Autolib’ Contract, the Subscriber agrees to reimburse the Operator for all indemnity which the latter will be required to pay, as appropriate, (i) to insurers, with respect to amounts paid to a third party on behalf of the Subscriber, and/or (ii) to all third parties.
9.2 Warranty individual driver
9.2.1 Object of the warranty
The Subscriber, in his/her capacity as driver of the Autolib’ vehicle, has individual coverage the cost of which is included in the price of the Subscription. The purpose of this coverage is to indemnify the Subscriber against physical injuries suffered when he/she is responsible for an accident.
9.2.2 Scope of the warranty
The recoverable losses are as follows:
1/ In case of injury:
- temporary total incapacity, that is to say interruption of professional activity, related to the accident covered, medically prescribed,
- permanent partial or total incapacity, that is to say physiological deficiency and the economic impact which remains on a consolidated basis when the state of the victim has stabilised,
- medical, pharmaceutical, and hospitalisation expenses, as well as the costs of prosthetics and third parties,
- the price of combating persistent pain (pretium doloris),
- disfigurement.
2/ In case of death:
- temporary total incapacity and repayment of medical expenses involved before death,
- funeral expenses,
- the moral and economic loss suffered by beneficiaries (spouse, offspring, parents, siblings, registered partner, partner through a PACS arrangement).
9.2.3 Implementation of the warranty
The indemnification is calculated according to the rules of common law.
The indemnification of the victim or of the beneficiaries comes after deduction of the claims of any social agencies and the employer.
If the Subscriber has a total or partial right of appeal against a third party under the rules of common law liability, an advance on the compensation due from the third party responsible will be carried out and a subrogation process will be carried out against this third party.
9.2.4 Excluded from the warranty
Excluded is any bodily injury of the driver who:
- has not reached the required age or does not possess the certificates or valid state-issued licence demanded by the current regulations in order to be able to drive the vehicle,
- was at the time of the accident, driving under the influence of alcohol as defined by the current regulations or of drugs that were not medically prescribed, unless the claim was unrelated to this condition; was taking part as a competitor in a race or competition (or at trials for them); was travelling in a place not governed by the Highway Code,
- is not authorised to drive.
9.2.5 Maximum limit of compensation
The maximum limit for compensation by the insurance company of the Operator is set at 250 000 (two hundred and fifty thousand) Euro.
9.3 Insurance for casualty / theft / fire / vandalism
9.3.1 The Subscriber to an Autolib’ vehicle is covered by an insurance policy for casualty/ fire/vandalism / attempts to steal and theft of the Autolib’ vehicle, the cost of which is included in the Subscription.
9.3.2 The conditions of this insurance policy apply when the Subscriber is responsible or partially responsible for an accident and when the Autolib’ vehicle is damaged or stolen during the lease of the Autolib’ vehicle.
9.3.3 Instances of exclusion from the warranty are as follows:
- misrepresentation
- transport of flammable materials or explosives,
- use of the Autolib’ vehicle not in accordance with the current CGAU,
- precious objects left behind in the Autolib’ vehicle,
Also excluded from the insurance warranty:
With regard to damages :
- voluntary accident,
· use of the Autolib’ vehicle by a person not designated in the Autolib’ Contract,
· misrepresentation in the accident report,
- voluntary damage,
· improper use of the rented Autolib’ vehicle,
· submission of complaint not made, or made after the deadline,
With regard to theft
· submission of complaint not made, or made after the deadline,
· failure to lock the doors and the boot of the Autolib’ vehicle when it is parked.
9.4 Procedure in the case of an accident covered by an insurance policy
In the case of an accident with or without a third party, the Subscriber is required to inform immediately the Customer Relations Centre and to post within five days of the occurrence of the accident, except in case of force majeure, using the prepaid envelope placed in the documents to be carried folder which can be found in the Autolib’ vehicle, the statement document regarding the accident duly completed and signed.
In case of theft or vandalism with the Autolib’ vehicle, the Subscriber is required to file a complaint with the police station or the relevant brigade of the gendarmerie and to send to the Operator within 48 hours of the incident occurring, the receipt of the complaint received from the police or the gendarmerie, as well as a declaration explaining the circumstances of the theft or of the defacement of the Autolib’ vehicle.
9.5 Sums deductible
9.5.1 Subscribers to Discovery 24HRS or Weekly 7 DAYS
Subscribers to Discovery 24HRS or Weekly 7 DAYS are required at the time of agreeing to the subscription to authorise a payment of one hundred and fifty (150) Euro.
In the case of one or more claims for which the Subscriber would be partially or completely responsible, he will be liable to pay to the Operator a sum of one hundred and fifty (150) Euros for each claim, as required to cover the sum agreed.
Any subsequent claim for which a Subscriber to Discovery 24HRS or Weekly 7 DAYS would be partially or completely responsible during the period of his/her Subscription will cause an immediate rise in the sum due to 300 Euro per claim, the amount due cannot, however, in any case exceed 750 Euro per claim. If the Subscriber wishes to purchase a further Subscription, he/she will be expected to meet the sum that he/she was paying at the end of his/her previous Subscription, and this for a period of six (6) months inclusive from the date of the expiration of his/her previous Subscription.
9.5.2 Subscribers to Premium Solo 1 YEAR and Premium Family 1 YEAR
Subscribers to Premium Solo 1 YEAR and Premium Family 1 YEAR are subject directly from the moment of the Subscription to make a payment of two hundred (200) Euros per commitment.
Every claim for which a Subscriber to Premium Solo 1 YEAR or Premium Family 1 YEAR would be partially or completely responsible will cause a rise in the sum due to two hundred and seventy-five (275) Euro per claim, the amount due cannot, however, in any case exceed seven hundred and fifty (750) Euro per claim.
In the case of any rise in the sum due, the complete absence of any claim for which the Subscriber to Premium Solo 1 YEAR or Premium Family 1 YEAR would be partially or completely responsible over a period of 6 months, including at least ten (10) leases will bring about a reduction of two hundred and seventy-five (275) Euro from the due amount applying, the amount due cannot, however, fall below two hundred (200) Euro.
If the Subscriber to Premium Solo 1 YEAR or Premium Family 1 YEAR wishes to renew his/her Subscription during a period of six (6) months from the expiration date of his/her previous Subscription, he/she will be due to pay the amount due as of the end of his/her previous Subscription.
ARTICLE 10 TOLLS-TRAFFIC TICKETS-FINES-OFFENCES
The Subscriber is obliged to discharge tolls, fines, tickets and reports drawn up against him/her, and for which he/she is legally responsible. In accordance with the principle applying with respect to penalties, the Subscriber will bear the consequences of any violation of the Highway Code, the rules of parking and traffic, or any other law or ruling which occur during use, and for which he/she is legally liable.
The Operator, when notified of proceedings in respect of violation of the Highway Code by the Subscriber, will, on receipt of the aforesaid document, indicate to the appropriate authorities the identity of the offending Subscriber.
The Operator will invoice the Subscriber for the fixed sum as described in Appendix 1 of the current General Conditions for any legal report received in respect of administrative costs required for dealing with the proceedings involved.
ARTICLE 11 RESPONSIBILITY OF THE OPERATOR
The Operator will agree to provide an Autolib’ vehicle, including all the accessories of an Autolib’ vehicle and the vehicle documents.
The Operator will not be held liable for any loss or damage affecting the accessories belonging to the Subscriber.
As the Autolib’ Service is based on a principle of self-service, the Operator cannot be held responsible for the occasional absence of Autolib’ vehicles available for rent.
In no case can the Operator be held responsible for consequential damages such as loss of market, commercial loss, loss of customers, any disturbance to business, loss of profit, or loss of brand image.
Furthermore, the Subscriber upon undertaking the Subscription, accepts that the device for helping the driving of the Autolib’ vehicle (GPS) and for calling the Autolib’ Customer Relations Centre from the Autolib’ vehicle can be disrupted or rendered temporarily inoperative and that the Operator cannot be held liable in the following cases:
§ misuse or malfunction of the Internet
§ computer virus transmitted by the Internet network
§ interruption of services accessible on the Internet network
§ disturbance and/or complete or partial unavailability of the GSM/GPRS/3G networks
§ impossibility to provide a service because the communication module present in the Autolib’ vehicle is situated in a geographical zone not covered by the GSM/GPRS/3G network or is in a "shadow zone" inside an area that is covered.
§ interference caused by maintenance work, building, upgrading or expansion installations of GSM/GPRS/3G networks by the telecommunications provider used by the Operator.
§ vagaries of electromagnetic wave propagation, termination of operating licenses of service used by the Operator following decision of the authority or of a fortuitous event.
§ transmission of radio electronic signals affected by the constraints or limits of the technical standards imposed upon operators of radiotelephony by the regulatory authorities or by groups responsible for standards.
§ impossibility to provide the Autolib’ Service as the result of a breakdown or a malfunction of the GPS satellites or a power cut.
§ failures in geographical location resulting from degradation of the GSM/GPRS/3G signal or of the GPS signal due notably to cloudy skies or forest canopy.
§ force majeure under the law of the Court of Cassation.
ARTICLE 12 PERSONAL DATA
12.1 The personal data relating to the Subscriber collected by the Operator is treated as part of the implementation of current rules in accordance with the Law No. 8-17 of January 6th, 1978 amended by Act No. 2004-801 of August 6th, 2004. Thus all Subscribers have a right to access, rectify and oppose the processing of personal data concerning them by addressing a mail to the Operator - Société Autolib’ – Centre de Relations Clients - Gestion des données personnelles, 92420 Vaucresson – France, accompanied by a photograph of his/her identity document.
12.2 Personal data may be used by the Operator for the purposes of management of Autolib’ vehicles, in particular with regard to claims processing and theft on the one hand, and fines and violations of the Highway Code on the other hand.
12.3 Personal data will be communicated to the insurance company and brokerage of the Operator, and only to police, gendarmerie and the courts. In this event, the Operator can invoice the Subscriber for the administrative costs supporting the management of a legal file.
12.4 In accordance with Article 10 of these GCAU, the Operator will communicate to the appropriate police authorities, and in accordance with the legislation in force, the identity of the Subscriber, if the latter is presumed to have committed an offence and that his/her identity could not be ascertained at the time of the offence.
12.5 Furthermore, the Operator can use this data in the context of direct marketing so as to address to the Subscriber by whatever medium available, particularly electronic mail, information upon his/her products or similar services.
The Operator also reserves the right to use this data in the context of direct marketing to communicate to the Subscriber by electronic mail, telephone or postal mail, commercial offers from its partners complementary to services provided by the Operator. In this case if the communication aimed at the Subscriber is carried out by electronic mail, the consent of the Subscriber will be sought in advance. On all occasions the Subscriber may exercise his/her right to object in the above-mentioned circumstances.
12.6 The Subscriber acknowledges having been informed of the existence of a device indicating geographical location, which has been placed in the Autolib’ vehicles, intended in the first instance to allow the vehicles to be traced in the case of theft, and on the other hand to provide assistance or emergency aid in case of an incident or an accident. Consequently the Subscriber acknowledges that the signature on the current Autolib’ Contract expresses the valid consent of the Subscriber for the implementation of the use of the geographical location finder indicated above.
12.7 Video protection
Subscribers to the Service will be duly notified of the placement of Autolib’ stations or service areas situated on the public highway or in a place open to the public, under video protection as indicated by a sign mentioning it, and clearly apparent.
ARTICLE 13 EFFECTIVE DATE AND DURATION OF THE AUTOLIB’ CONTRACT
The effective date of the Autolib’ Contract is specified in Article 5.1.1 and Article 5.1.2 of these GCAU.
Notwithstanding the provisions of the current GCAU, any Subscription made before the opening date of service shall not take effect until the date of December 5, 2011.
The duration of the Autolib’ Contract is that set out in the Special Conditions of Access and Use accepted by the Subscriber.
ARTICLE 14 TERMINATION OF THE AUTOLIB’ CONTRACT
14.1 Termination by the Subscriber
Subscribers who have a Subscription to Premium Solo 1 YEAR, Premium Family 1 YEAR, AUTO Charge and Two-Wheeled Charge can terminate the Autolib’ Contract prematurely by certified mail with acknowledgement of receipt.
The termination will take effect on the last day of the third month following the date of reception by the Operator of the letter of termination sent by the Subscriber.
Until the date of termination, the Subscriber remains accountable to the Operator for Subscription deadlines, rentals and more generally of all amounts due under the Autolib’ Contract.
14.2 Termination by the Operator
The Operator can terminate the Autolib’ Contract in the cases foreseen in Appendix 1 of the current GCAU.
ARTICLE 15 APPLICABLE LAW - SETTLEMENT OF DISPUTES
The Autolib’ Contract is governed by French law.
All disputes arising from the Autolib’ Contract or in connection therewith shall be subject to the exclusive jurisdiction of the French courts.
ARTICLE 16 COMMUNICATION OF GENERAL CONDITIONS OF ACCESS AND USE APPLYING TO SUBSCRIBERS AND RETENTION OF THEIR ACCEPTANCE
16.1 Communication and acceptance of the General Conditions
The General Conditions of Access and Utilisation shall be submitted to the Subscriber for explicit acceptance, upon his/her undertaking the Subscription.
He/she may consult them prior to taking out the Subscription, either on the Autolib’ Internet site, or at the Autolib’ Reception Centre.
16.2 Retention of the acceptance of the Subscriber
The documents legalising the acceptance of the Autolib’ Contract by the Subscriber, collected in accordance with the procedures stated above, will be accessible and available for consultation by the Subscriber in his/her Customer Area for the period of one (1) year.
16.3 Update of the General Conditions of Access and Utilisation
The Operator may update his General Conditions of Access and Utilisation at any time during the course of the Subscription subject to acceptance by the Subscriber.
APPENDIX 1 PENALTIES – SANCTIONS
In case of failure to comply with the conditions of the Autolib’ Contract, penalties and sanctions are subject to be applied to the Subscriber by the Operator:
|
Autolib' |
Summary of sanctions |
|
Breach of Contract Involved |
Penalties - Sanctions |
|
- Repeated claims excluding broken windows (2 claims during the Subscription for which the partial or complete responsibility lies with the Subscriber). |
- Termination of the Autolib’ Subscription after one month's notice, notified by certified mail. - The identity of the Subscriber will feature on the records of the AGIRA (Association for the Management of Information about automobile risks). - Immediate suspension for a complete year from the possibility of undertaking a new Subscription. |
|
- Abandoning the Autolib’ vehicle (failure to return the vehicle to an Autolib’ Station ) |
- Continuation of the rental invoice on an hourly price until the return of the Autolib’ vehicle to the Station. The invoice is, however, limited to a sum of 500 (five hundred) Euro and - Invoicing of costs of returning the Autolib’ vehicle for a sum due of 200 (two hundred) Euro taxes included. |
|
- Going outside the Autolib’ Zone |
- Application of an hourly price increased by (+2 (two) Euro per half hour) and - Invoicing of the costs of returning the Autolib’ vehicle as a fixed amount of 300 (three hundred) Euro in case of accident, puncture or breakdown. |
|
Failure to provide information on the Autolib’ Service by the Subscriber/Absence of the Subscriber
- Accident not declared, conclusion by mutual agreement is not notified to the Operator within 5 days of the occurrence of the accident, absence of the Subscriber upon the arrival of the repair service, except in case of force majeure duly justified
|
- Immediate termination of the Subscription and ban on resubscribing for a period of a year notified by Certified Mail. - Invoice of the costs of returning the vehicle for a fixed sum of 300 (three hundred) Euro including taxes. - Invoice of a sum corresponding to the deductible amount due from the Subscriber for non-delivery of the statement for administrative expenses . |
|
- Declaration of theft not communicated to the Operator within a five day period
|
- Termination of the Subscription within a 10 (ten) day period, notified by Certified Mail. Invoice of a fixed sum of 100 (one hundred) Euro per day of delay, corresponding to a loss of turnover for the dealer, for amounts up to 500 (five hundred) Euro. |
|
- Invalidity of the driving licence
|
- Immediate termination of the Subscription, notified by Certified Mail. |
|
- Omission or inaccuracy in the declarations of the Subscriber liable to modify insurance coverage purchased |
- Termination of the Subscription within a 10 (ten) day period, notified by Certified Mail. |
|
Non compliance with the declarations of article 8.3. - Loan by the Subscriber to the value of a third of the Autolib’ Badge and the associated PIN code |
- Suspension of the Subscription for a period of 6 (six) months (for repeat offenders, the Subscription is terminated with a ban imposed preventing resubscription for one (1) year).
|
|
- Established Drunk driving |
- Driving while drunk or under the influence of drugs as recorded by the public authorities will result in termination of the Subscription with a ban imposed preventing resubscription for one (1) year (notification by certified mail). |
|
- Abnormal state of cleanliness of the returned Autolib’ vehicle |
- Invoiced sum for cleaning of 30 (thirty) Euro taxes included |
|
- Tickets (parking, driving ...) |
- Sum of 30 (thirty) Euro invoiced to the Subscriber for handling administrative costs. - The payment of the ticket must be made directly by the Subscriber |
|
- Removed and impounded |
- All expenses (tickets and costs of impounding) will be invoiced to the Subscriber. - The rental will continue at the standard hourly rate until the vehicle is returned to the station. The costs of the rental invoiced in this respect will be limited to a maximum sum of 500 (five hundred) Euro. - The costs incurred in returning the Autolib’ vehicle to an Autolib’ parking area will amount to 200 (two hundred) Euro. |
|
- Child booster seat not returned to the Autolib’ Reception Centre |
- If the child booster seat is left in the Autolib’ vehicle, a fixed sum of 10 (ten) Euro will be applied. If the child booster seat is not returned to or recovered from the vehicle, a fixed sum of 100 (one hundred) Euros will be invoiced. |
|
- Warning triangle E27R and safety vest not returned |
- If the warning triangle and safety vest are not returned, a fixed sum of 50 (fifty) Euros is invoiced. |
|
- Reservation abuse of parking spaces upon departure and arrival. |
- In the case of the failure to pick up an Autolib’ vehicle following one (1) reservation, invoice of a fixed sum of five (5) Euro. - In the case of the failure to pick up an Autolib’ vehicle following three (3) consecutive reservations in a 24 hour period departing from a stand, or from a parking place at the point of arrival, the Subscriber will no longer be allowed to reserve an Autolib’ vehicle or parking place at the point of arrival for a period of 24 hours. |
|
- Non payment of sums dues to the account of the Autolib’ Service. |
- Suspension of the ability to rent an Autolib’ vehicle or to hire another vehicle or a two wheeler. - Failing settlement at the end of thirty (30) days after notice by registered letter AR, immediate Termination of the Autolib’ Contract. - Penalty applicable upon sums due, at the legal annual rate of interest, increased by 3 points. |
|
- Use of the Autolib’ vehicle by someone other than the Subscriber as agreed by the Autolib’ personnel, or the security forces in charge. |
- Except in the case of the theft of the Autolib’ Badge of which information was given to the Operator, of a complaint filed by the Subscriber and of a police report, the sanction is the immediate termination of the Subscription, notified by certified mail with no possibility to undertake any new Subscription for a period of six(6) months. |
|
Bank rejection of payment (Carte bleue or direct debit |
- Invoice of (12) Euro per refusal |
|
- Breakdown due to loss of battery power |
- Invoice for the return costs of the Autolib’ vehicle as a fixed amount of 300 (three hundred) Euro. |
In the case of termination of the Autolib’ Subscription in the cases described, this will occur on the date of the mail sent by Registered Letter to its recipient.
The amount of the Subscription outstanding will remain due for the remainder of the current month.
The Subscriber is informed of the application of any penalty according to the following modalities:
- by certified mail to the recipient in the cases specifically mentioned above;
- by SMS or email in the other cases if the Subscriber has given the Operator his/her mobile telephone number or email address;
- in his/her customer area accessible on the Autolib’ Internet site.
Otherwise, the application of the penalty will appear in the billing statement addressed to the Subscriber by the Operator.
ANNEXE 2 OFFRE TARIFAIRE APPLICABLE AU 16 NOVEMBRE 2011
Forfaits Abonnements Autolib’ et prix des locations d’un Véhicule Autolib’
| CATEGORIES | ABONNEMENT | TARIFS DE LOCATION | ||
|---|---|---|---|---|
| 1ère 1/2 heure (1) (2) | 2ème 1/2 heure (1) | 1/2 heure(s) sup. (1) | ||
| PREMIUM SOLO 1 AN | 144 € (soit prélèvement 12€/mois) |
5 € | 4 € | 6 € |
| PREMIUM FAMILLE 1 AN | 132 € (soit prélèvement 11€/mois) Par membre de la famille |
5 € | 4 € | 6 € |
| HEBDOMADAIRE 7 JOURS | 15 € | 7 € | 6 € | 8 € |
| DECOUVERTE 24H | 10 € | 7 € | 6 € | 8 € |
Forfaits Recharge Véhicules Tiers (privés) ou Deux Roues et prix de l’utilisation du service de recharge
| Abonnement | Recharge sur Place de Stationnement Véhicule Tiers |
|||||
|---|---|---|---|---|---|---|
| De 8h00 à 20h00 |
De 20h00 à 8h00 |
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| Durée | Prix | Jusqu'à 2h15mn par jour sur la plage horaire ci-dessus | 1/2 heure supplémentaire (1) (2) | Jusqu'à 4h30 par jour sur la plage horaire ci-dessus | Au-delà de 4h30 sur la plage horaire ci-dessus | |
| Abonné Recharge Véhicule Tiers | 1 an | 180 € (soit prélèvement 15 € par mois) (2) |
inclus dans l'abonnement | 6 € | inclus dans l'abonnement | forfait 5 € |
| Abonné Recharge Deux Roues | 1 an | 15 € | inclus dans l'abonnement | 3 € | inclus dans l'abonnement | forfait 5 € |
| Abonnement | Recharge sur Place de Stationnement Véhicule Autolib' |
|||||
|---|---|---|---|---|---|---|
| De 8h00 à 20h00 |
De 20h00 à 8h00 |
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| Durée | Prix | 1ère 1/2 heure (1) (2) | 2ème 1/2 heure (1) | 3ème 1/2 heure (1) | 1/2 heure(s) supplémentaire(s) (1) | |
| Abonné Recharge Véhicule Tiers | 1 an | 180 € (soit prélèvement 15 € par mois) (2) |
inclus dans l'abonnement | 3 € | 4 € | 6 € |
| Abonné Recharge Deux Roues | 1 an | 15 € | non disponible aux Deux Roues |
(1) La facturation des locations et des recharges est calculée prorata temporis sur la base de la durée de location ou consommation réelle arrondie à la minute supérieure sauf pour les 20 premières qui sont indivisibles (facturation minimale).
(2) Les 20 premières minutes de la première demi-heure sont indivisibles (facturation minimale).
Montant de la franchise en cas de sinistre
| Abonné découverte ou 7 jours |
Abonné premium | |
|---|---|---|
| 1er sinistre | 150 € | 200 € |
| 2ème sinistre | 450 € | 475 € |
| 3ème sinistre | 750 € | 750 € |
Rehausseur enfant
| Location | 1€ par location de véhicule Autolib' |