1. General Terms - Definitions
1.2. The Terms regulate the User’s registration to the Technopolis’ Bike Sharing System (BSS) and the use of the BSS.
In the present context, the words below shall have the following meaning:
i. “System” or “BSS” is AthensBikes’ service of bike sharing provided by Technopolis to the Users through an automated service. The system includes specific stations, specially designed bikes, the software application which allows the exchange of electronic data required for its operation, and its trademarks (Athens Bikes’ logo).
ii. “Bike” is the specially designed city bicycle used under the BSS. It bears special characteristics and is clearly recognizable.
iii. “Station” is the actual infrastructure where bikes are docked (locked), which is equipped with user identification technology, allowing the use of the System. The Station includes the bike docking points and electronic devices that provide information about the System (bike availability, information messages to the users, etc.).
iv. “Docking Point” is the point in a Station where a bike is docked.
v. “User” is a person aged 18 years or over who is registered to use the BSS.
vi. “Operator” is the company Brainbox S.A. (Thermaikou 2-4, Thessaloniki, www.brainbox.gr), the contracted provider and operator of the software application, allowing the exchange of electronic data required for the operation of the BSS.
Technopolis reserves the right to amend the present Terms (including the pricing policy), upon due notice to the User through the email address he/she has provided. These amendments shall take effect within 30 days from notice. In case the User does not accept the amendment, he/she may terminate the agreement by submitting in writing a notice of termination of agreement to Technopolis Headquarters.
2.2. Technopolis reserves the right to refuse registration and the use of a Bike to any applicant to the BSS.
2.4 Access period: The original registration is valid for one year, starting from the day your membership card is issued. Registration shall be renewed, if the User renews his/her registration for the following year, paying the corresponding renewal fee, which is equal to the original registration fee, before the expiration date, i.e. one year after the card is originally issued. In case a year elapses and the card is not renewed, the prepaid unused time that may still be in the card system is deleted, and the User has no right to refund of any such amount.
3. Registration and Identification Process
3.1. To be issued a membership card the applicant must submit the application form for registration and a true copy of his/her identity card or passport to the point of registration (at the Industrial Gas Museum Shop, inside Technopolis, during its opening times).
4. Description of use
4.1. The system shall be available during operating times, as determined by Technopolis, which may be amended by Technopolis at the start of every three-month period during the year, and which shall be indicated at the bike stations. The initial operating times are 10.00 am to 8.00 pm. In addition, the system may be unavailable at times, in case of maintenance, for reasons beyond reasonable control, or if a decision by a competent State authority requires that the circulation of the BSS’ bikes is partially or totally suspended, either on a temporary or permanent basis. Furthermore, during certain periods, the Bikes may be used by large groups of people. As a consequence, it is possible that a Bike may not be available for use at all times.
4.2. The User places the card at the point indicated at the Station and undocks the Bike he/she wishes to use from the Station. Delivery of the Bike means its return and docking to any Station of the Bike Sharing System.
5. Journey duration and pricing policy
5.1. Each time a bike is undocked from a Docking Point a new use starts, which is completed when the user returns and securely docks the bike to a Docking Point.
5.2. The charge for using the Bike for one hour is one (1) EUR.
The electronic membership card issued upon registration includes 5 hours of use. Users must pay in advance for the period they wish to use the Bike for each future use. Users can check the time available (pre-paid time) on the website http://athens.easybike.gr/el/ - using their Username and Password. Any remaining charges from using the Bike shall be immediately paid after completion of use and returning the Bike to the Docking Point.
5.3 If for any reason the maximum period of use is exceeded without returning the Bike, the charge for each extra hour of use shall be 2 (two) EUR per hour.
5.4. In case the Bike is still not returned after 24 hours from the start of the use (undocking from the Docking Point), a penalty might apply in accordance with Term 10 herewith and the User may be excluded from further using of the system.
5.5. In case the Bike is returned with damages other than the fair wear and tear, a penalty applies, as described herewith, in detail, under Term 10.
6. Technopolis’ Obligations
6.1. Technopolis hereby agrees to make every effort possible to guarantee the duration and quality of the service provided, in accordance with the present terms.
6.2. Technopolis is not liable:
• In the event of misuse by the User of the services offered.
• In the event of non-compliance of the User with his/her obligations as described in the present Terms.
• In case of use by an unauthorized person (particularly in the event of theft or unauthorized use of the membership card).
• In case of damages, malfunctioning or suspension of the System, including but not limited to a disruption to mobile or fixed phone communication services or data.
• For any harm or damage incurred while using the Bike, to the User or any other person or property.
7. Users’ Obligations
7.1. The User bears sole responsibility for using the membership card, his/her Username and Password (PIN) appropriately and for making good use of each Bike he/she uses as well as for anything carried by the Bike.
7.2. Before making use of the Bike, the User must check that the Bike’s movement transmission system, tires, brakes, saddle and lights are set and operate properly, and check every part of the Bike in general to make sure it can be safely used. Users are strongly advised to always check and make sure both brakes work properly and that the tires are pumped up. If there is any malfunctioning, the User must dock the Bike within 6 minutes from undocking (free of charge) and undock another Bike. The User must then report the malfunctioning to Technopolis at the contact telephone number: (+30) 210 3004441. At the end of the 6 minutes from undocking, the User is considered to have agreed that the Bike is in excellent condition and is held responsible for any damage, injury or accident caused to himself/herself and/or other people.
7.3. When using a Bike:
Α. The User must
I. Comply with all applicable laws and regulations and with these terms, as they appear on the website http://athens.easybike.gr/el/
II. Comply with the Road Traffic Code while using the Bike. The Greek Road Traffic Code is available on the website: http://www.yme.gr/imagebank/categories/KOK_pdf.pdf
III. Use the Bike with extra caution, reasonably, considerately and responsibly.
IV. Take reasonable care of the Bike while using it, protect it from theft and agree to use the theft protection system in place when he/she stops using the Bike.
V. Return the Bike within the allowed period of use and immediately after completion of its use, in the same condition as when it was undocked (except for fair wear and tear), and securely dock the Bike at an available Docking Point.
VI. Wear a helmet for his/her own protection, which he/she has brought along himself/herself before starting the use of the Bike.
Β. The User must not:
I. Give, lend or sell the Bike, the Membership Card, the username or Password to any other person, or allow any other person to use the Bike.
II. Use the Bike for racing, stunts or trick-riding, in a manner which causes or is likely to cause harassment to other people, or to provide or operate a courier service or any other business.
III. Cause any harm or damage to the Bike, the Station, the Docking Point or any part of the equipment or property of Technopolis in any way.
IV. Load the Bike rack with a load of more than 10 kilograms or any object which overhangs the rack or load the Bike with a total weight of over 110 kilograms.
VI. Carry a passenger, hazardous or flammable material or any object which is likely to injure the User or any other person, or to harm or cause damage to the Bike, any other person or property.
IX. Add or attach any accessories or trailers to the Bike, disassemble or interfere with the Bike in any way (or attempt to do so in any way).
7.4. Should the User face any problems with the Bike during the period of use, which prevents him/her from continuing to use the Bike, he/she must immediately contact Technopolis at the contact telephone number +30 210 3004441. However, the User remains responsible for the Bike until it is received by Technopolis. If the User experiences any problems but can safely continue to use the Bike, he/she is encouraged to report the problem, upon returning the Bike to the Docking Point.
8. User Responsibilities and Declarations
8.1. The user is solely and wholly responsible for any damages caused to the bike for the duration of use, including the duration exceeding the allowed period of use, in case of late return of the bike by the user.
8.2. Any late delivery of the Bike, exceeding 24 hours (the allowed period of use is calculated from the time of undocking of the Bike from the Docking Point) is considered as a case of non-return.
8.3. In the event of non-return, the User responsible for the Bike has the responsibility, without undue delay, to notify Technopolis of the non-return of the Bike, remaining his whole responsibility, at the contact telephone number +30 210 3004441.
8.4. In the event of an accident and/or damages and/or destructions and/or any event caused by the use of the bike, the User has the responsibility to make known such events, without due delay, at the contact telephone number hereby mentioned above. In addition, the user has the responsibility to cooperate in any relevant investigation carried out by Technopolis or State authorities or insurance companies and duly provide the necessary information when asked. However, the bike remains under the responsibility of the user until it is docked at the Docking Point.
8.5. The User must return the bike at any time he/she is duly requested to do so by Technopolis. The user declares that he/she is fully aware of the potential risks associated with the use of the bike.
9. Disclaimer and Limitation of Liability
9.2. Technopolis and the competent to do so partners, representatives, managers, maintainers and employees and any other person, company or other duly assigned entity is responsible to keep the Bikes in a condition appropriate for use. This responsibility is in effect only at the time of delivery of the Bike to be used and shall not be extended for the duration of the use, which is under the sole responsibility of the User. The User accepts that continuing to use the Bike after the first 6 minutes from undocking shall constitute full proof of the Bike being appropriate for use, excluding any other testimony, even under oath.
9.3. For claims arising from bodily injury, death or property damage that may be caused to the User or to third parties as a result of the use of the Bike and the System in general, Technopolis bears no civil or legal liability. Similarly, no civil or legal liability accrues if the user ignores the risks arising from the use of the bike or fails to comply with generally accepted safety and circulation rules, which he/she must be aware of.
9.4 Technopolis shall be liable under these terms for acts or omissions solely attributable to willful misconduct or gross negligence. In no case shall the Company be liable to the User for any consequential damages or lost profits.
9.5 To the fullest extent permitted by law, the maximum liability by Technopolis may not exceed the amount of fees actually paid by the User for the use of the System.
10.1 If the User fails to fulfill his/her obligations for a timely and due return of the Bike, as detailed herein, such failure shall result in a penalty due to Technopolis of the following amounts, as appropriate:
(1) Ultimate failure to return the bike or returning the bike after 24 hours from the expiration of the maximum allowed time of use: Four hundred (400) EUR
(2) Returning the bike with damage caused by the User on the bike or by third parties incurred during the use of the Bike:  EUR. It is understood that the User is liable for the cost of rectification of the above mentioned damage in any case.
10.2 In case of late return of the Bike, the User has the right to request in writing, upon return of the Bike, not to be charged with a penalty. Each time, it is on Technopolis’ discretion to accept such request, in case of rightly justified delays.
10.3 The above amounts of penalty shall be imposed on the User by means of a simple written statement by Technopolis to the user, which may be sent by e-mail.
Regarding the above established penalty, it is agree that:
a. the amount of the penalty will be payable within a period of five (5) working days of notice of the above statement to the User,
b. if concurrent violations apply, then the penalty must be paid separately for each such violation,
c. The penalty is due regardless of any loss for Technopolis and
d. the forfeiture and payment of the penalty shall not prevent Technopolis from its right to claim the full recovery cost for any damage caused, in the calculation of which the above amount shall not be included.
10.4 If the user fails to pay the penalty imposed, the use of any bike in the BSS may be suspended.
11. Protection of Personal Data
Users are hereby informed that Technopolis or third parties acting for on behalf of Technopolis (including the Operator) shall process personal data, in the context of L. 2472/1997, as it appears on the User’s registration application form and other personal data which may be provided by the User upon making use of the subscription to the BSS, in order to provide the System services, charge the use of services and proceed with all necessary actions under the User’s participation to the System, as well as to carry out System evaluation research. By filling in and signing the present agreement, Users consent to the above described processing of their personal data.
In case the User has consented in the processing of personal data to receive information messages on Technopolis’ initiatives, competitions, events, etc., processing of data is used to send out the above described messages to the User.
Should the User wish to exercise his/her rights arising from articles 12 and 13 of L. 2472/1997 (right of access and objection to the processing of data of personal character respectively), he/she may contact Technopolis at the following address: “Technopolis S.A. Municipal Enterprise for the Protection and Promotion of the Athens Gazi Industrial Archaeological Park,” 100 Pireos Str., 11854 Athens, tel.: +30 2103475518.
12. System data – Irrefutable proof
The Operator’s software shall store the accounts per User for the use of the System and the respective charges. It is hereby agreed that an extract of a User’s account records and reports extracted from the above described software, showing the above account and any balance, shall constitute irrefutable proof of the claim by Technopolis against the User.
13. Other issues
13.1. If at any time the User fails to comply with the present Terms and conditions, all applicable laws and/or the regulations for the use of the BSS, Technopolis reserves the right to suspend the use of the BSS by the User and deactivate the membership card.
13.2 These terms, which the contracting parties have agreed upon and accepted in whole, are subject to Greek Law. Any dispute arising thereof in the future, including any trial during enforcement proceedings or injunction, is subject to the exclusive competence of the Courts of Athens.
13.3 Subject to article 13.4 below, no party may assign or otherwise transfer to a third party their rights, claims and powers under these terms and conditions, without prior written consent of the other party.
13.4 It is hereby explicitly agreed that Technopolis maintains the right to transfer financial claims deriving from these terms to an unspecified third party.
13.5 The User expressly and unconditionally acknowledges that he/she has read through the terms and conditions in whole and fully understands them, including the Penalties and the Disclaimer and Limitation of Liability. The User expressly and unconditionally agrees to be bound by the present terms and conditions.
The present text is a translation of the Greek original text, also received by the User. In case of any inconsistency between the two versions, the original Greek version shall prevail.