àVélo – TERMS OF USE
GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE ÀVÉLO SERVICE (the "T&Cs")
Article 1
PURPOSE OF THE SERVICE
1.1. The àVélo bike share system (the "Service") is a service of the Réseau de transport de la Capitale ("RTC") operated by Capitale Mobilité, a business development corporation, limited partnership, acting through its general partner 9320-9179 Québec inc. ("Capitale Mobilité"). For the purposes of these T&Cs, Capitale Mobilité is also referred to as "àVélo".
Article 2
ORGANIZATION OF THE SERVICE
2.1. The Service is made up of stations (the "Stations"), allowing the rental of an electrically assisted bicycle (a "Bicycle"), its storage and locking.
2.2 The Service allows the rental of a bicycle and its return to any Service Station. The number and location of Stations are subject to change without notice and at the sole discretion of àVélo.
2.3 The purchase of a single trip allows the user to borrow a Bicycle without being subscribed to the Service. A user can also purchase a membership that allows them to borrow a Bicycle for unlimited trips of a fixed duration and over a specified period.
2.4. The territory served by the Service is the territory of the City of Quebec. Use of the Service outside of this jurisdiction is prohibited.
Article 3
SERVICE AVAILABILITY
3.1. The Service is available from May 1st to October 31st of each year, 7 days a week, 24 hours a day, without interruption, except in cases of force majeure, weather conditions that may endanger the user, or the adoption by the competent authorities of a limit on the use of the Service or on bicycle traffic on the territory of the City of Quebec. Any changes to the opening period or temporary interruption of the Service will be communicated to customers.
3.2. The use of the Service is limited to a maximum duration of 16 consecutive hours (the "Permitted Continuous Use Period") from the time the Bicycle is removed from a docking point at a Station (a "Dock"). The data accumulated by the Service's computer system will indicate and be proof of the duration of use of the Bicycle by the user.
Article 4
PRICING & BILLING
4.1. The Service is offered according to the rates found on the https://aveloquebec.ca/en/pricing website. These rates are subject to change at any time by àVélo without notice and include applicable sales taxes. Pricing is different for different products.
4.2. The Service is available to Visa or Mastercard credit card holders only. Debit and prepaid cards are not accepted.
4.3. The pricing and invoicing terms are as follows:
4.3.1. Single trip per minute. The single trip fare has an unlocking fee and a per-minute fee. Any minute of use of the Service is
4.3.1. Single trip per minute. The single trip fare has an unlocking fee and a per-minute fee. Any minute of use of the Service is billed in full. The unlocking fee is paid by the user at the time of purchase and the per-minute fee will be charged the night after the trip closes (i.e. when the Bicycle is returned and locked in a Dock at a Station). The same invoice can include several trips when made in the same day.
With the purchase of a single trip, the user authorizes àVélo to charge a pre-authorized amount of $100 per Bicycle to the user's credit card (the "Pre-Authorized Amount"). This amount will be returned to the user within 4 to 6 days following the end of the trip or according to the deadlines set by his or her banking institution, unless part of the amount is invoiced and retained by àVélo pursuant to Article 8.
4.3.2. Memberships. Membership fares are paid by the user at the time of purchase and remain valid for a determined period according to the type of membership chosen. By default, renewal is automatic, and the charge will take place at each new period determined from the original purchase date. Auto-renewal can be turned off at any time by the user.
Depending on the type of membership purchased, the user will be able to make an unlimited number of trips free of charge for a fixed duration according to the type of membership purchased (the "Fixed Duration"). However, the user will be subject to an additional charge for each minute exceeding the Fixed Duration. This additional fee will be charged the night after the trip closes (i.e. when the Bicycle is returned and locked in a Dock at a Station). The same invoice can include several trips when made in the same day.
Article 5
OBLIGATIONS OF THE USER
5.1 The user must accept these General Terms and Conditions of Access and 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 who is reasonably prudent and diligent, for the purposes for which it was designed and in compliance with these 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 Code de la sécurité routière and the regulations applicable to the mandatory wearing of helmets;
5.2.2 Any use on land or in conditions likely to damage the Bicycle;
5.2.3 Any use of the Bicycle 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 Bicycle in whole or part of the Bicycle;
5.2.5 Any addition, alteration or modification to the Bicycle, including the modification of the visual appearance of the Bicycle and the installation of a trailer, cart or equipment to transport objects or passengers;
5.2.6 And, more generally, any use of the Bicycle that may be deemed irregular by àVélo.
5.3 The user undertakes not to exceed the maximum load that the Bicycle can carry. This load is 120 kg for the Bicycle and 10 kg for the basket.
5.4 The user is responsible for the Bicycle that they have removed from the Dock. They must make every effort to prevent its disappearance, degradation, or destruction.
5.5 The user undertakes to return the Bicycle within 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 section 8 hereof.
5.6 The user undertakes to return the Bicycle at any time if àVélo requests it.
5.7 As the Bicycle is the responsibility of the user, the user undertakes to carry out, prior to the actual use of the Bicycle removed from the Dock, an elementary check of its main apparent functional elements, including, but not limited to:
5.7.1 The proper mounting of the seat, wheels and pedals;
5.7.2 The proper functioning of the brakes, lighting, and bell, and;
5.7.3 The overall good condition of the frame and tires.
5.8 The user also undertakes to carry out, at the end of each trip, an elementary check of its main apparent functional elements, particularly and not limited to those described in Article 5.7, as well as the locking of the Bicycle to its Dock.
RESTRICTIONS ON USE OF THE SERVICE
6.1 The user is prohibited from lending, renting, or transferring a Bicycle, or from using it for purposes that do not comply with these T&Cs.
6.2 The user is expressly prohibited from permitting the use of the Bicycle by third parties in any way.
6.3 Access to the Service is open to users aged 18 and over without the need for a permit. Users under the age of 18 may access the Service under the following conditions:
6.3.1 For 14- and 15-year-old users, they must have a moped licence (Class 6D in Quebec).
6.3.2 For 16- and 17-year-old users, they must have a moped licence (Class 6D in Quebec) or a driver's licence.
6.4 The user may not charge the Bicycles other than by returning them to Docks to exchange them for other charged Bicycles.
6.5 The Service is intended for natural persons, in order to satisfy their personal transport 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
USER RESPONSIBILITIES AND STATEMENTS
7.1 The user shall assume full responsibility for any damage or harm caused, of any nature whatsoever, as a result of the use of the Service by the latter, including when it exceeds the Permitted Continuous Use Period. Without limiting the foregoing, the user assumes full responsibility for any accidents or injuries to themself or to a third party resulting from his/her use of a Bicycle.
7.2 The user declares that they are aware of the risks associated with the practice of the Bicycle and acknowledges that they use it at their own risk.
7.3 The parents or legal guardians of any minor who uses the Service shall 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 Bicycle or if they notice any breakage or problem with the operation of the Bicycle, the user is obliged to report the event by contacting 418 627-2511 (open 7 a.m. to 7 p.m.) within 24 hours. The Bicycle remains under the full and entire responsibility of the user, either until it is locked to a Dock, or until it is handed over in person to an àVélo representative.
7.5 In the event of the disappearance of the Bicycle for which they are responsible, the user is obliged to:
7.5.1 Report the disappearance by calling 418-627-2511 within 24 hours of the occurrence of the event, and;
7.5.2 File a complaint of theft with the Quebec City Police Department within 48 hours of the occurrence of the event.
Any borrowing exceeding the Permitted Continuous Use Period is considered as a case of disappearance of the Bicycle and may result in the consequences and penalties provided for in Article 8.
7.6 The user declares that they are able to use a Bicycle and have no medical contraindications.
7.7 The user declares that all information concerning them and registered in their user account is accurate, in particular that they satisfy the conditions described in these T&Cs.
Article 8
PENALTIES AND FAILURE TO COMPLY WITH THE 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 their 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 membership, àVélo may terminate this membership by operation of law without compensation, without the right to compensation for the user.
8.2 If the fees for minutes of use of the Bicycle provided for in section 4.3 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 single trip, charge such fees out of the Pre-Authorized Amount;
8.2.2 In the case of a user who has purchased a membership, terminate that membership, without the right to compensation for the user.
8.3 In the event of the disappearance of a Bicycle (i.e. in each case where the user does not return the Bicycle to a Dock before the end of the Permitted Continuous Use Period), without limiting the obligations of the user provided for in Article 7.5:
8.3.1 àVélo may impose a penalty of $100 on the user, as compensation for the disturbances and inconveniences resulting from the steps taken to recover the Bicycle. In the case of a user who has purchased a single trip, this penalty may be charged from the Pre-Authorized Amount;
8.3.2 In the case of a user who has purchased a membership, àVélo may terminate this membership, 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 Bicycle, it may charge the user an amount equivalent to the replacement value of the non-returned Bicycle. In this case, a notice will be sent to the email address provided on the user's account at least 10 days prior to the sending of such billing.
8.4 In the event of impairment and damage to the Bicycle, or in the event of impairment or damage caused to a Station or Dock by the fault or negligence of the user, the amount of the repairs shall be borne by the user and shall be invoiced.
Article 9
CREDIT CARD INFORMATION
The user is responsible for ensuring that the credit card information registered to the user's account is accurate at all times and that charges associated with the use of the Service may be pre-authorized and charged to the credit card.
Article 10
CONFIDENTIALITY AND USE OF PERSONAL DATA
The RTC being subject to the Loi sur l’accès aux documents des organismes publics et sur la protection des renseignements personnels (RLRQ, c. A-2.1) and Capitale Mobilité being subject to the Loi sur la protection des renseignements personnels dans le secteur privé (RLRQ, 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 (in French only): https://www.rtcquebec.ca/politique-sur-la-confidentialite-et-la-protection-des-renseignements-personnels.
Article 11
TRANSFER OF T&CS
No rights or privileges arising from these T&Cs are transferable to any person in any manner whatsoever.
Article 12
REFUND, TERMINATION AND MODIFICATION
12.1 The user may request a refund of their subscription by sending a written notice to the contact details set out in Article 13 in the following cases:
12.1.1 The membership or single trip has not yet been used. In this case, the user will be able to get a full refund.
12.1.2 The membership has been used at least once, but the user wants to request a refund for one of the following reasons:
1) Cause of death;
2) Due to a move to another city, when the membership was purchased while the user was a resident of Quebec City;
3) Accident or illness resulting in physical inability to ride a bicycle, temporary for more than 3 months or permanent.
12.1.3 Only in the cases provided for in Article 12.1.2, the user may obtain a refund in accordance with the following terms:
1) For the annual membership, the user will receive a prorated refund of his use of the Service for each 30-day period elapsed and based on the price of a 30-day subscription in effect, provided that this amount does not exceed the value of the annual membership.
2) For the 30-day subscription, the user will get a prorated refund for the number of days elapsed if the request is made before the 15th day following the date of purchase.
12.2 In the cases provided for in Articles 12.1.1 and 12.1.2, the request for a refund will result in the termination of the membership and the deactivation of the terms and conditions of access to the Service.
12.4 Any request for termination or refund must be made within three months from the date of the event giving rise to the request.
12.5 Except for the reasons described above, no request to change a current membership that has been used at least once will be accepted.
Article 13
CONTACT INFORMATION
For any customer support request, the user may use the following contact information:
Information Centre: SAMI
820, avenue Ernest-Gagnon, Québec (Québec), G1S 3R3
Monday to Friday: from 8:00 a.m. to 6:00 p.m.
Saturday: from 12:00 p.m. to 5:00 p.m.
Closed on Sundays and on public holidays.
General information and questions: 418 627-2511, option 1
Monday to Friday: from 7:00 a.m. to 7:00 p.m.
Saturday, Sunday, and public holidays: from 8:00 a.m. to 5:30 p.m.
Comments and complaints: 418 627-2511, option 3
Monday to Friday, except on public holidays: from 9:30 a.m. to 12:00 p.m. / from 1:00 p.m. to 3:00 p.m.
At any time through the online form: Make a comment or complaint
Hours of operation are subject to change without notice by the RTC.
Article 14
GOVERNING LAW AND DISPUTE RESOLUTION
Any dispute relating to the execution hereof shall be submitted to the jurisdiction of the competent courts of the district of Quebec, province of Quebec. These Terms and Conditions are subject to the laws applicable in the Province of Quebec.
Article 15
LIMITATION OF LIABILITY
To the extent permitted by law, the user exonerates and warrants in advance the RTC, Capitale Mobilité, their partners, agents, content providers, employees, officers, directors or representatives (the "RTC and Capitale Mobilité Representatives") and the City of Quebec, its elected officials, employees, officers, directors or representatives (the "City Representatives") (the RTC, Capitale Mobilité, the RTC and Capitale Mobilité Representatives, the City of Quebec and the City Representatives, collectively, the "Indemnified Parties"), against the prosecution and enforcement of any claim, including damages, resulting from the user's use of the Service.
The user agrees to defend the Indemnified Parties in any action, suit, proceeding, infringement notice, claim, or demand of any nature whatsoever, including for any damage caused to persons, things, property of others, and Indemnified Parties in connection with the user's use of the Service.
Article 16
COMPENSATION
The user agrees to indemnify the Indemnified Parties from and against any and all judgments, fines, losses, costs, penalties, damages or direct expenses, suffered or incurred, including, but not limited to, interest, reasonable investigation expenses, legal costs, reasonable costs and expenses for the services of a lawyer, accountant or other expert or other expenses related to any legal proceedings or other proceedings or other type of request, default or contribution incurred to contest any claim or suit of a third party resulting from the user's use of the Service.
Article 17
AMENDMENTS TO THE T&CS
àVélo may modify these T&Cs at any time. The T&Cs are available on the aveloquebec.ca/en website.
UPDATED APRIL 25, 2024