General subscription rental terms - Welgo
These General Terms and Conditions of Use (hereinafter referred to as ‘GTC’ or ‘General Conditions’) constitute a contract entered into between:
The company WELGO, a Simplified Joint Stock Company, with a capital of 1,000 euros, registered with the Paris Trade and Companies Register under number RCS: 949 516 744 and whose registered office is located at 10 rue des Penthièvre 75008 Paris, which aims to offer a bicycle subscription service
AND
You, hereinafter referred to as the ‘member’
1. Definitions
In the following General Terms and Conditions, the terms stated shall have the following meanings:
Subscription: The contract concluded between Welgo and the member establishing the contractual conditions applicable to the Rental of a Bicycle, composed of the Specific Conditions, these General Conditions, as well as any other contract possibly concluded between Welgo and the member.
Accessory: An accessory made available to the Member by Welgo as part of a Subscription option for use by the Member in accordance with these general conditions.
Welgo Repair: The service provided by Welgo to address a problem arising from the normal and usual use of the Bicycle by the member, as defined in Article 4 below, and the attempt to resolve it by repairing or exchanging the said Bicycle, Article 8.
General Conditions: These general conditions, including Annexes I to II, as set out by Welgo, which apply to any Subscription or Accessory Subscription (as applicable).
End Date: the date on which the Subscription ends by termination by the Member or Welgo (i) under Article 9 or 10.5, (ii) in the event of termination under Article 16.2, the date on which all modified General Conditions come into effect, or (iii) the date on which notice of termination is received by Welgo.
Member: Any natural or legal person who subscribes to a Subscription from Welgo.
Subscription Period: The duration of a Subscription as agreed in the Ordering Process, as stated in Article 9.
Ordering Process: the ordering process is the process by which a natural person or a legal entity subscribes to a bicycle subscription through Welgo. This process can be initiated via the Website or any other platform made available by Welgo.
Website: the relevant Welgo website (welgo-bike.com) as mentioned in the Subscription and these General Conditions.
Exchange: The exchange of the Bicycle by Welgo.
Bicycle: The item (longtail bike) made available to the member by Welgo under the Subscription entered into by the member, in accordance with the General Conditions and Specific Conditions. The characteristics of the Bicycle are detailed on the Welgo website when subscribing to the Subscription.
Service Area: An area or neighborhood selected by the Member during the Ordering Process and specified in the Subscription, which is within a reasonable distance of a Welgo workshop and within the limits of the city for which on-site Exchange services (by bike or service car) are provided by Welgo.
2. Applicability
3. Subscription
3.1. The Member will receive an order confirmation once the Ordering Process is completed. The Subscription takes effect when the Member takes possession of the bike from Welgo, unless explicitly stated otherwise in the confirmation or the Subscription.
3.2. The bike Member must be at least 18 years old on the day of subscribing to the Subscription and be capable of entering into a legal contract. An adult may subscribe to a Subscription on behalf of their minor child: the parent Member will then be held responsible for any damage caused by their minor child.
3.3. Required documents and delivery procedure
The Member undertakes to provide all required documents for finalizing the rental contract before the delivery of their bike. After validation of the documents and signing of the contract, a number will be sent to the Member on their mobile phone. Upon delivery, the Member must present this number to the delivery person to confirm receipt of the bike.
3.4. Welgo invoices the Member with one-time fees as indicated for the relevant Subscription in the Ordering Process, unless otherwise stated in the Ordering Process.
3.5. After confirmation, the Member and Welgo will agree on the time and place of delivery or pick-up of the bike. At the time of delivery, the Member will confirm in writing to Welgo the receipt of the bike, the chosen payment method, and that the provided personal information is correct. During the Subscription Period, the Member will inform Welgo of any changes to Welgo’s known data (such as a new phone number, new address, or new bank account) in a timely manner and without undue delay.
3.6. The Member will have access to a bike and may use it during the Subscription Period, in accordance with the chosen Subscription and these General Conditions. In consideration of Welgo providing the bike to the Member, the Member owes Welgo the agreed monthly rental fees as set out in the Ordering Process during the Subscription Period. Unless otherwise agreed in the Subscription, the rental fees are due for prepayment at the beginning of each calendar month for the entire calendar month. If the Member’s Subscription Period begins or ends during a calendar month, the rental fees will be charged pro rata for that month.
3.7. If the Subscription is taken out via the registration form on Welgo’s website and the Member is a consumer, the Member has the right to withdraw from the Subscription with immediate effect without giving reasons within fourteen days of receiving the bike by sending written notice of withdrawal to Welgo. A withdrawal form is available on the Website. If the Member terminates the Subscription during the fourteen-day withdrawal period, Subscription fees will be charged to the Member on a pro rata basis for the number of days the bike was available to the Member.
3.8. The Member may only use the bike in the country where they have subscribed to a Subscription.
3.9. As part of the Subscription, the Member is entitled to one free exchange as stated in Article 8.
4. Purpose and scope of application
4.1. Welgo’s bike (including all other components, batteries, and keys provided with the bike) will at all times during the Subscription Period remain the property of Welgo, and legal title or ownership of the bike will not be transferred to the Member.
4.2. Beyond the specifications agreed upon in the relevant Subscription (e.g., specifications regarding the type and/or category of the bike), the Member is not entitled to a particular design, color, assembly, or configuration of the bike.
4.3. The Member acknowledges and agrees that the bike may be equipped with a GPS tracker that allows Welgo to track the bike’s location and mileage data. Welgo may, in particular, track the data in case of suspected loss, theft, or unauthorized use of the bike.
4.4. Welgo reserves the right to display advertisements on the bike at any time and at its sole discretion. If an advertisement affixed to the bike or printed on the bike is damaged, removed, illegible, or otherwise not visible, the Member will inform Welgo without undue delay.
5. Locks and keys
5.1. The bike is delivered with an external lock, a charger, and a key for the battery subject to stock availability.
5.2. Welgo will provide the Member with a key to use with the lock (as indicated in the Subscription). Welgo reserves the right to retain a spare key for the bike or the lock.
5.3. The Member will not be authorized to make, or have made, a copy or duplicate of the keys or to have more than one key in their possession. The Member will safeguard the key against loss, theft, and unauthorized use at all times and is not permitted to entrust the key to third parties. If the key is lost, stolen, or damaged, the Member must request a new key from Welgo. Welgo may charge a fee for a new key, as indicated in Annex II. A key that has been previously reported as lost or stolen and is subsequently found must be immediately returned to Welgo.
6. Conditions relating to the use of the Bicycle
6.1. For the purposes of these General Conditions, the “use” of the bike shall be deemed to include, in all cases, riding, pushing, parking, and storing the bike.
6.2. Subject to Article 15, the Member uses the bike at their own risk and is responsible for such use. It is the Member’s responsibility to conduct reasonable checks to ensure that the bike remains in good condition throughout the Subscription Period. For example, the Member must regularly check the tightening of screws or other parts, the proper pressure and condition of the tires, the proper functioning of lights (front and rear), the presence and visibility of reflective devices (rear and side), the proper functioning of the horn, computer, and braking system.
6.3. The Member shall not use the bike if they have identified defects and/or damage leading to safety issues or other concerns regarding the proper use of the bike unless such use is limited to pushing, parking, and storing. The Member shall inform Welgo of such defects and damages in a timely manner (which may be done by requesting an Exchange). The fact that the Member uses the bike to ride shall be interpreted as evidence that it is functioning properly and has no defects or damages.
6.4. The Member must use the bike normally and take care of it. The Member must avoid any unusual strain on the bike and only use it on paved roads and streets. Notwithstanding the foregoing, the Member will be allowed to push, park, or store the bike on unpaved roads and streets, provided that the Member ensures that such use does not damage the bike.
6.5. The bike is exclusively intended for personal use by the Member. The Member shall not allow third parties to use the bike. The Member shall not sell, rent, sublease, create, or grant any security interest or other right concerning the bike to a third party.
6.6. The Member may only use the bike if they comply at all times during the Subscription Period with all aspects of all applicable laws and regulations, including, but not limited to, the minimum required age, compliance with relevant usage regulations (such as prohibitions on increasing the maximum speed of electronic Products, speed limits, and parking rules), and holding relevant permits and insurance.
6.7. In the event that, during the Subscription Period, (i) the Member’s driver’s license is temporarily suspended or permanently revoked, (ii) the Member is subject to a driving ban following a judicial or administrative decision, or (iii) the Member’s authorization to drive and/or keep the bike is otherwise restricted, the Member is required to inform Welgo immediately.
6.8. The Member must not use the bike when suffering from a medical condition or taking medication that may affect the Member’s use of the bike, or under the influence of drugs or alcohol.
6.9. The Member may only use the bike in accordance with its weight limit as mentioned in Annex II.
6.10. The Member may only use the bike rack appropriately in accordance with its purpose, and in particular, the Member must observe the maximum allowed load. The Member ensures that they or the person(s) comply with all aspects of all applicable laws and regulations (such as wearing a helmet).
6.11. The Member must not destroy the bike, make modifications to the bike that cannot be reversed without damaging it, or tamper with the electronics, battery, computer, and/or software of the bike in any way.
6.12. After giving prior notice, Welgo is entitled to inspect the bike at any time, replace it entirely or partially, and perform maintenance, servicing, and repairs on the bike, and the Member will cooperate with Welgo.
6.13. Notwithstanding the provisions of Article 6.6, Welgo recommends that the Member wear an appropriate helmet certified “CE” in accordance with relevant EU directives and regulations when using an electric bike. The helmet must be correctly adjusted and fastened according to the manufacturer’s instructions.
6.14. The Member agrees not to use the bike for work purposes, including delivery activities, or to exceed the maximum number of kilometers allowed, which is set at 1000 kilometers per month. In case of non-compliance, the Member shall pay compensation determined by Welgo, but which shall not exceed the amount indicated in Annex II. Such contractual penalty shall not prejudice other rights held by Welgo, including its right to claim damages for any separate damages suffered by Welgo (including reimbursement of any collection costs) and to terminate the Subscription in accordance with Article 5 of these General Conditions.
6.15. Welgo reserves the right to verify the mileage and condition of the bike during an Exchange or at any other time during the Subscription. When conducting a check, Welgo may examine the average usage over the preceding 30 days, calculated from the time of the first delivery or the last appointment made for an Exchange until the date of the check. If the average usage during this 30-day period exceeds the usage rights under the Subscription, Welgo is entitled to retroactively charge the difference between average usage and intensive use of the bike during this period, plus Administration Fees (as defined in Annex II).
7. Welgo Repair service
7.1. During the Subscription period, Welgo undertakes to make every effort to repair a damaged bike or one experiencing malfunctions resulting from normal and usual use by the Member, as quickly as possible, from the moment the Member reports a difficulty in using the bike to Welgo. This report can be made by contacting Customer Service by phone or email.
7.2. Exchange will only take place in case of defects, loss, or theft of the bike, within the city perimeter where the bike was delivered, and subject to available stock. Exchange will not be carried out if it would hinder Welgo’s business development.
7.3. Welgo will carry out Exchanges on-site (at a location requested by the Member) or at the Welgo workshop in the Service Zone where the Member subscribed to a Subscription. When the Member uses the bike outside of the Service Zone, Exchanges will only be conducted within the service zone.
7.4. When Welgo exchanges a bike, the Member will return the bike, including all other components, such as batteries and keys, that were provided with the bike.
7.5. In case of the Member’s absence at a scheduled appointment for the intervention, Welgo reserves the right to charge the amount indicated in Annex II.
8. Subscription duration
8.1. The duration of the Subscription (hereinafter the “Subscription Period”) is defined in the Specific Conditions upon subscribing to the Subscription.
8.2. In the case of a monthly Subscription, the Subscription Period is one month from the date indicated in the Ordering Process and will automatically renew for one month, unless terminated in accordance with these General Conditions. Welgo and the Member may terminate a monthly Subscription at any time with one month’s notice.
8.3. In the case of a Subscription with a minimum duration, the Subscription Period begins on the date indicated in the Ordering Process and remains in effect for the agreed minimum duration specified in the Ordering Process. Subject to the provisions of Article 17, early termination will not be possible, and a Member may terminate the Subscription with one month’s notice before the end of the minimum duration. Upon expiration of the minimum Subscription Period and provided that the Subscription is not terminated by either party, the Subscription will convert to a monthly Subscription, as specified in Article 8.4.
8.4. The provisions of this Article 9 are without prejudice to the provisions of Article 3.7.
9. End of subscription and return
9.1. When the Member’s Subscription termination takes effect, the Member must (at their own expense and risk) return the Bike (including any other items, as well as batteries and keys, provided with the Bike) to a Welgo workshop within the Member’s Service Zone or, as instructed by Welgo to the Member, to one of Welgo’s partner companies. If the Bike is retrieved by Welgo at a location requested by the Member, Welgo shall be entitled to charge Fees as stated in Annex II. All Member rights under the Subscription will cease from the moment the Member returns the Bike to Welgo or the Bike is retrieved by Welgo, without prejudice to the Member’s obligation to pay all Rental Fees until the End Date.
9.2. Before returning the Bike in accordance with Article 10.1, the Member may cancel their termination free of charge by sending an email to Welgo. The cancellation notice must be received by Welgo no later than the day before the End Date.
9.3. If the Subscription is (i) terminated by the Member taking into account the one-month notice period, and the Member has not returned the Bike to Welgo by the End Date, or (ii) terminated immediately by a Member and the Member has not returned the Bike to Welgo within seven days following the End Date, the termination will be deemed canceled, and the Subscription will remain in effect until the Subscription is terminated in accordance with these General Conditions.
9.4. If the Subscription is terminated by Welgo and the Bike is not returned to Welgo within seven days following the End Date, Welgo will consider it as theft by the Member. In this case, the Member shall be obligated to compensate Welgo proportionally for the loss incurred in an amount equal to the Rental Fees for the type of Subscription concerned. These Fees are without prejudice to Welgo’s right to claim full compensation for the damage suffered to the extent that such damage exceeds the Fees defined in Annex II.
9.5. Welgo may, at any time during the Subscription Period, terminate the Subscription with the Member with one month’s notice if (i) Welgo ceases to provide services in the Service Zone, (ii) modifies its product offering in the Service Zone, or (iii) modifies the Member’s Service Zone. In this case, the Member shall return the Bike in accordance with Article 10.1.
9.6. By accepting these General Conditions, the Member acknowledges being informed that the Bike may belong to a leasing company. In this case, the Member is obliged, at the request of the leasing company, either to return the Bike to the leasing company or to be released from their obligations by paying the lease to the leasing company.
10. Loss or theft
10.1. Afin de prévenir les incidents tels que la perte, le vol et les dommages, le Vélo doit toujours être cadenassé de manière appropriée avec le ou les antivols mis à disposition par Welgo. Le Vélo doit être attaché à un point fixe à l’aide d’un antivol à chaîne. En outre, si le Vélo dispose d’une batterie, celle-ci doit être retirée et stockée dans un endroit sûr lorsque le Vélo est stationné et doit toujours être fixée à l’aide du système de verrouillage fourni lorsque le Vélo est en cours d’utilisation. Si le Vélo et/ou la batterie ne se sont pas verrouillé ou attachés conformément à l’Article 11.1 et qu’un incident se produit (y compris un acte de vandalisme, une perte ou un vol), le Membre devra à Welgo (en plus des Frais mentionnés à l’Article 11.3) des Frais de négligence pour l’Abonnement concerné tels que spécifiés à l’Annexe II.
10.2. In case of loss or theft of the Bike and/or battery, the Member must:
– Report the loss or theft to Welgo within 24 hours of becoming aware of it.
– Return the Bike key to Welgo promptly (no later than at the agreed-upon Exchange, if applicable, which is scheduled to replace the stolen or lost Bike).
– Assist Welgo in reporting the loss or theft to the police with a Welgo employee, if using a Bike.
Provide any relevant information regarding the loss or theft promptly upon request from Welgo. Only if all relevant requirements of this Article 11.2 are met will the Member receive a replacement Bike from Welgo.
10.3. In case of loss or theft of the Bike and/or battery, the Member shall owe Welgo the Fees specified in Annex II for the relevant Subscription:
– For such loss or theft (or, if certain parts of the Bike are lost or stolen, Welgo shall be entitled to charge the Member up to the amount of the corresponding Fees).
– If the Member fails to report the loss or theft, or does so untimely.
– If the Member fails to return the key of the lost or stolen Bike to Welgo.
10.4. S’il s’avère que le Membre a fourni des informations incorrectes ou fait de fausses déclarations, le Membre en sera entièrement responsable. Welgo sera en droit de réclamer au Membre tous dommages-intérêts en résultant et de facturer des Frais pour comportement abusif comme indiqué à l’Annexe II. Ces Frais pour utilisation abusive seront facturés en plus des Frais mentionnés à l’Article 11.3 et de tous Frais pour négligence.
10.5. Nonobstant les frais supplémentaires et indemnisations visés au présent Article 11, Welgo se réserve le droit de réclamer au Membre une indemnisation à concurrence du montant des dommages réels subis par Welgo résultant du vol ou de la perte d’un Vélo (ou de parties de celui-ci) et/ou de la batterie.
10.6. Si le Vélo et/ou la batterie dont la perte ou le vol a été notifié à Welgo est retrouvé, Welgo peut sous réserve de l’état technique et optique du Vélo et/ou de la batterie rembourser au Membre tous les Frais payés.
10.7. Si le Vélo a été retiré par la municipalité ou d’autres autorités publiques, Welgo contactera le Membre au sujet du processus de collecte. Tous les frais d’obtention du Vélo ou autres frais associés seront à la charge du Membre. Welgo aura le droit de facturer des frais pour cela au Membre, tels que tous les coûts encourus par Welgo pour obtenir le Vélo.
10.8. Le locataire s’engage à retirer les accessoires amovibles du vélo si celui-ci doit être laissé dans la rue pendant une période prolongée, afin de limiter les risques de vol ou de dégradation desdits accessoires.
11. Damage and accidents
11.1. The Member must report any damage to the Bike (or parts thereof) and/or the battery to Welgo within 24 hours of the accident occurring or becoming aware of the damage, unless the Member is unable to meet the deadline due to exceptional circumstances following which the Member was reasonably unable to report such damage, for example, in the case of hospitalization after an accident. This applies regardless of the extent of the damage or accident and whether the Member caused the damage or accident or not.
11.2. In the event of damage to the Bike and/or the battery, the Member shall pay Welgo Fees for such damages as specified regarding the relevant Subscription in Annex II or, if certain parts of the Bike are damaged, Welgo shall be entitled to charge the Member up to the amount of the corresponding Fees.
11.3. Welgo reserves the right to claim compensation from the Member for any loss resulting from the Member failing to inform Welgo of damages or accidents or failing to do so within the aforementioned deadline. This includes any additional expenses incurred by Welgo for the repair of the damage, as well as third-party compensation claims that would have been avoided if the defect had been notified within the aforementioned deadline.
11.4. In the event of damage and wear to the Bike other than what can be expected in the course of normal use (at Welgo’s discretion), or if the Member caused the accident, Welgo reserves the right to claim from the Member the amount of actual damages suffered by Welgo.
11.5. In the event of damage caused by the fault of the victim or the fault of a third party, the Member shall be required to provide Welgo with the third party’s contact details within 24 hours from the moment the Member became aware of the damage, or from the time of the accident, along with a sketch of the scene agreed upon by both parties. A report form is available on the Website. Welgo reserves the right to charge the Member for all costs and damages arising from the Member’s failure to provide the third party’s details or submit the report.
11.6. In the event of an accident involving the Bike, the Member must not accept any liability towards a third party (e.g., by acknowledgment of liability or similar statement) without prior consent from Welgo. Otherwise, the Member shall bear the consequences of such (accepted) liability alone and indemnify Welgo against any third-party claims related to such acceptance of liability. The Member is not authorized to accept liability on behalf of Welgo or Welgo’s insurer.
11.7. The lessee undertakes to do their best to limit as much as possible the time during which the bike is left outside at night, between 10 p.m. and 7 a.m.
12. Payments
12.1. The Member agrees to keep up to date with their financial obligations to Welgo, including paying the Price monthly throughout the duration of the Subscription.
12.2. When subscribing to the subscription, the member agrees to provide the following documents: a copy of an identity card (front/back), a recent proof of address, the latest payslip or tax assessment, as well as a bank account details (RIB). These documents are essential to confirm your subscription. They are processed with the utmost confidentiality and in strict compliance with current regulations by our partner, M2M Finance. The latter will make the decision to approve or reject the rental contract.
12.3. By entering the credit card details when subscribing to their Subscription, the Member authorizes Welgo to directly debit the credit card for all amounts due by the Member in accordance with the provisions of these General Conditions (including, but not limited to, the Subscription Price, extraordinary fees such as the established indemnity, additional fees, incidental fees, etc.). Furthermore, upon subscription to the Subscription by the Member, Welgo reserves the right to directly debit the Member’s bank account, in addition to the monthly cost of the Subscription, with registration fees whose amount is specified in the Specific Conditions.
12.4. By subscribing to the Subscription and accepting these General Conditions, the Member acknowledges authorizing Welgo to directly debit extraordinary fees, such as the established indemnity, and additional fees, directly from the Member’s bank account whose details were entered at the time of subscribing to the Subscription, before delivering a new Bike to the Member.
12.5. In the event of rejection of the aforementioned debit(s) and after Welgo sends the Member a formal demand for payment by registered letter with acknowledgment of receipt which remains unanswered for fourteen (14) days, Welgo reserves the right to suspend the Member’s Subscription automatically and to refer the matter to a debt collection agency. All administrative costs and extrajudicial collection costs shall be borne by the Member.
12.6. The Member undertakes to update their contact details and banking information as and when they change, so that the Member’s information available to Welgo is up to date throughout the duration of the Subscription.
12.7. In the event of non-compliance with this obligation or the invalidity of the Member’s credit card for any reason, Welgo reserves the right to suspend the Member’s Subscription until the Member regularizes the situation.
13. Liability
13.1. Welgo shall not be liable for any damages or harm (including fines or other monetary penalties imposed) suffered by the Member as a result of using the Bike, except in cases of intentional misconduct, deliberate recklessness, or gross negligence on the part of Welgo, or for damages that cannot be excluded due to mandatory legal provisions.
13.2. The Member shall be personally responsible for complying with these General Conditions.
13.3. The Member shall indemnify Welgo upon first written demand for any fine or other monetary penalty imposed on Welgo as a result of the Member’s use of the Bike.
13.4. The Member shall indemnify Welgo and release Welgo from any liability upon first written demand regarding all expenses, fines, penalties, or other monetary sanctions imposed on Welgo by third parties, including public traffic authorities, or losses incurred by or attributed to Welgo as a result of the Member’s breach of obligations under the Subscription or these General Conditions. In this context, Welgo may cooperate with and provide requested information to any authorized administrative or judicial authority or, more generally, any authorized third party in accordance with applicable laws. For the administrative processing of these incidents, Welgo reserves the right to charge the Member administrative fees per incident as specified in Annex II. By accepting these General Conditions, the Member agrees that Welgo may debit these amounts from the Member’s payment method as provided in Article 14.1 and that Welgo may directly contact the Member for additional information.
14. Modifications
14.1. Welgo reserves the right to make reasonable modifications to the rental fees in the event that Welgo’s costs change due to changes in applicable laws and regulations, or for annual price adjustments based on the Consumer Price Index (CPI – Base 2015). These modifications will be communicated to the Member by email at least one month before the effective date. The Member may terminate the Subscription by written notification from the effective date of the price change.
14.2. After the initial automatic renewal of the Subscription, Welgo has the right to unilaterally modify the Subscription (which includes these General Conditions, the rental fees, and the information on the Website) due to changes in Welgo’s product range and/or services, technical, commercial, or legal changes, or changing market circumstances. Modifications to these General Conditions will be communicated at least one month before the effective date through an announcement on the website and an email to the Member. The Member will have the right to terminate the Subscription from the date the modified terms and conditions take effect. This clause does not apply to the rights and obligations of the Member under the Subscription.
14.3. The Member may upgrade the Subscription to another Subscription (of the same duration or longer) free of charge, in which case Welgo will schedule an appointment and arrange the exchange of the Bike for a Bike corresponding to the new Subscription.
14.4. The Member may upgrade the Subscription by adding or removing accessories free of charge, in which case Welgo will schedule an appointment and arrange the exchange of the Bike for a Bike corresponding to the new Subscription.
15. Résilitiaion
5.1. Welgo reserves the right to terminate, in whole or in part, the Subscription with immediate effect by written notification to the Member in case of theft of the Bike, or if the Member:
– fails to fulfill the obligations incumbent upon them under the Subscription or these General Conditions, including non-payment of the rental fees, charges, or other outstanding amounts under the Subscription or these General Conditions in a timely manner;
– uses the Bike contrary to the provisions of these General Conditions;
– requests a temporary or permanent suspension of payments or is granted a temporary or permanent suspension of payments;
– is declared bankrupt or if a petition for bankruptcy or liquidation or a liquidation petition is filed against the Member;
– is placed under guardianship or is authorized to participate in the debt restructuring scheme for individuals;
– is adversely affected in the performance of their obligations under the Subscription due to a seizure on the Bike, an Accessory, or other property of the Member;
– in Welgo’s opinion, abuses the service offered by Welgo; or
– deliberately provides incorrect information to Welgo.
15.2. In case of termination based on Article 17.1, Welgo may locate the Bike (including by using a GPS tracker) and confiscate it immediately.
15.3. The Member has the right to terminate the Subscription immediately if Welgo has repeatedly or seriously failed to fulfill its obligations described in the Subscription or these General Conditions. If the Member is a consumer, the foregoing does not affect the consumer’s right of withdrawal.
16. Miscellaneous provisions
16.1. The Member is deemed to have accepted unconditionally all provisions of these General Conditions.
16.2. Welgo may provide the Member’s contact details to any public authority upon request and must provide this information to competent authorities subject to applicable laws and in accordance with them.
16.3. Welgo shall at all times have the right to transfer its claims against the Member, of any nature whatsoever, to third parties.
16.4. Each notice of termination must be made in writing. When a notice or other communication under these General Conditions must be made in writing, email is sufficient.
16.5. The provisions of the relevant Subscription shall prevail in the event of a conflict between the provisions of a Subscription and the provisions of these General Conditions.
16.6. In the event that a provision of these General Conditions is or becomes wholly or partially void, invalid, unenforceable, or inapplicable, the validity and enforceability of the remaining provisions of these General Conditions shall not be affected. In such circumstances, Welgo and the Member shall agree on a provision to replace the defective provision that most closely approximates what Welgo and the Member would have agreed if Welgo had realized that the provision was defective, taking into account the spirit and purpose of these General Conditions and applicable laws. The same applies in the event of an omission or deviation in the provisions of these General Conditions.
17. Option to buy back the bike at the end of the rental period
17.1. If the member wishes to purchase the bicycle at the end of the rental period, they have the option to do so under the following terms:
- Flexible Plan: A discount equivalent to one month’s rent will be applied to the recommended retail price.
- 12-Month Plan: A discount of 10 to 20% will be granted on the recommended retail price.
- 24-Month Plan: A discount of 25 to 35% will be applied to the recommended retail price.
17.2. The public price of the bicycle with accessories is indicated on Welgo’s website. The accessories included in the price are those mentioned on the website in the “rental pack.”
17.3. The member must inform the lessor of their intention to purchase the bicycle at least two weeks before the end of the rental period. The payment of the purchase price must be made at the time of returning the bicycle.
17.4. Welgo reserves the right to refuse the sale of the bicycle if it is significantly damaged or if it is necessary to replace parts at a high cost.
17.5. The purchase of the bicycle is an optional feature and is not mandatory.
18. Applicable law and disputes
18.1. French law exclusively governs the Subscription and these General Terms and Conditions.
18.2. Any disputes arising out of or in connection with the Subscription and the General Terms and Conditions shall be submitted solely to the competent court of Paris, except to the extent that another court has jurisdiction under any mandatory provisions.
18.3. The Member may resort free of charge to conventional mediation before a consumer mediator as provided for in Article L. 111-1, point 6 of the Consumer Code. 17.4. Disputes, controversies, or claims will primarily be resolved by voluntary agreement between the Member and Welgo. The Member may submit a written complaint to Welgo’s customer service via email at the following address: info@welgo-bike.com.
Appendix I - Accessories overview
Welgo offers several optional accessories with the Subscription. This Annex I provides information on the costs and limitations for the respective accessory, as stated in Welgo’s General Terms and Conditions.
In case of loss or damage to the accessories, Welgo reserves the right to charge Fees to the Member up to the maximum amount indicated in the table below:
- Child seat: €75 including VAT
- Mirror: €30 including VAT
- Panniers: €97 including VAT
- Locks: €1200 including VAT
- Battery Charger: €90 including VAT
The Child seat can only be used by children aged nine (9) months to three (3) years and/or weighing less than fifteen kilograms (22 kg) and in accordance with the supplier’s manual for the child seat.
All amounts indicated in this Annex I include all applicable taxes.
Annexe II - Aperçu des frais
Annex II provides an overview of the Fees mentioned in Welgo’s General Terms and Conditions.
– Fee for loss of a lost, stolen, or damaged key: €20.00
– Fee for violation of standard usage conditions: €200.00
– Administrative fee for processing fees, fines, or other sanctions: €40.00
– Fee for unjustified exchanges: €24.00
– Fees for the loss of a Bike (different scenarios):
– Bike attached with the provided lock to a fixed point (without the battery): €300.00
– Bike not locked (without the battery): €2,600.00
– Bike not locked (with the battery): €3,200.00
– Fee for damage and/or loss of the battery: €600.00
– Fee for abusive behavior: €100.00
– Maximum fees for damage to the Bike or parts thereof: €500.00
All amounts indicated in this Annex II include all applicable taxes.
Version dated March 23, 2023.
Website: www.welgo-bike.com