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Terms & Conditions

GENERAL CONDITIONS OF BUSINESS

These General Conditions of Business (hereinafter referred to as “GCB”) are an integral component of the contractual relationship between the SUBSCRIBER and the trading company EasyBike of 1723 33 Ave SW, Calgary, Alberta, postcode T2T 1Y8, Business Identification #: 14295174 (hereinafter referred to as the “COMPANY”).

The EasyBike station is an automated issuing and receiving facility in which bicycles are locked. The SUBSCRIBER is authorised under the conditions stipulated by these GCB to use bicycles of the COMPANY on a temporary basis and for the fee stipulated by the price list which forms an integral component of these GCB. The bicycle (hereinafter referred to as the “BICYCLE”) is understood to mean a bicycle prepared in a bicycle stand for hire by the SUBSCRIBER.

Communication between the SUBSCRIBER and EasyBike takes place by means of an identification card or identification card number which the SUBSCRIBER obtains upon registration.

The SUBSCRIBER identifies himself/herself to the COMPANY by means of the CARD NUMBER=LOGIN and PIN. It is recommended that the PIN is kept secret. All liability for misuse of the PIN and identification card or CARD NUMBER=LOGIN is borne by the SUBSCRIBER. The SUBSCRIBER is obliged to report any loss or possibility of misuse of the identification CARD NUMBER=LOGIN and PIN to the COMPANY in order to ensure that the CARD NUMBER=LOGIN and PIN can be blocked. The SUBSCRIBER is authorised to change the PIN at any time via the internet at the address .

Collection and return of bicycles takes place via the EasyBike system. The moment of collection (beginning of hire) is understood to mean the removal of the bicycle from the relevant lock from any EasyBike station after the SUBSCRIBER has successfully logged into the system. The moment of return of the bicycle (end of hire) is understood to mean the placement of the fixture of the bicycle into a free lock at any EasyBike station. The SUBSCRIBER is obliged to check that the bicycle is secured in the lock. The maximum period of hire is 24 hours from collection. If the bicycle is not returned by the SUBSCRIBER within this period, the SUBSCRIBER shall be obliged to pay the COMPANY for any damages incurred, as well as a contractual fine of $50 to $100 CAD, including tariff, for each day of the delay upon returning the bicycle.The SUBSCRIBER is not authorised to hire the bicycle to any third party during the period of hire.

Before collecting the bicycle or at the latest immediately after collecting the bicycle, the SUBSCRIBER is obliged, in his/her own interests, to check the technical condition of the bicycle, and in the case that a defect is determined to inform the COMPANY of this matter via the contact telephone number or contact email address and to return the bicycle without delay.

The SUBSCRIBER is obliged to take regular care of the bicycle and to use it in an appropriate manner in order to ensure that the bicycle is not subjected to any damage or excessive wear. Throughout the entire period of hire, the SUBSCRIBER is fully liable for damages caused to the bicycle, as well as for damages caused to the health and property of third parties in connection with use of the bicycle, without regard to whether the bicycle was being used by the SUBSCRIBER himself/herself or by another person. In the case of loss or complete destruction of the bicycle, the SUBSCRIBER shall pay the COMPANY the price of the bicycle, in the case of damage the SUBSCRIBER shall pay the costs

 

required to return the bicycle to its original condition. The COMPANY is not liable for any damages which may ensue to the SUBSCRIBER in connection with use of the bicycle.

The SUBSCRIBER is obliged to pay the COMPANY a fee for hire of the bicycle. The fee is paid by deduction of the amount from the CREDIT of the SUBSCRIBER. CREDIT is understood to mean the amount which the SUBSCRIBER pays to the COMPANY, which is reduced by individual payments for bicycle hire from the COMPANY by the SUBSCRIBER. In the case that the owed amount of the fee exceeds the current amount of CREDIT, the SUBSCRIBER is obliged to pay the outstanding balance to the COMPANY without delay. A contractual fine of 1% of the owed amount is charged for each day of the delay upon payment of the outstanding balance. Alternatively, the fee is paid through online platforms hosted on the FreeBike application, such as PayPal, in order to hire and unlock the bicycle. The SUBSCRIBER will then be required to pay a fee based on the duration of the hire (from beginning of hire to end of hire) immediately after the end of hire. Failure to comply would lead to a contractual fine of 10% of the owed amount that is charged for each day of the delay upon payment of the outstanding balance, as well as a $5 CAD processing fee.

The SUBSCRIBER terminates his/her subscription by means of a written notice (email included) of cancellation to the COMPANY, and is obliged to request the return of any unused CREDIT. The fee for return of CREDIT is set at $6.00 CAD.After all outstanding amounts have been settled with the COMPANY, the remaining balance of CREDIT shall be returned to the SUBSCRIBER according to the SUBSCRIBER’s possibilities. The SUBSCRIBER is authorised to terminate his/her subscription at any time. The COMPANY is authorised to exclude the SUBSCRIBER from the system and to terminate his/her authorisation for any reason.

All relationships not outlined by these GCB and the Subscription Contract are governed by Alberta Consumer Protection Law as amended by the later prescriptions.

The GCB will be interpreted and applied in the courts, and in accordance with the laws in force, in Alberta.

The GCB shall be governed by and construed under the laws of the province of Alberta without giving effect to its conflict of laws principles. The SUBSCRIBERand COMPANY hereby submit to the exclusive forum, jurisdiction and venue of the provincial courts located in Calgary, Alberta for any claim related to, arising from or in connection the GCB and/or the SUBSCRIBER’suse of the Service.

The SUBSCRIBERagrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the GCB must be filed within one (1) year after such claim or cause of action arose or be forever barred.