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Terms and Conditions

Introduction

Welcome to the City of Tel Aviv-Jaffa terminal for bicycle rental – Tel-O-Fun (hereinafter, “Tel-O-Fun”).

The Municipality of Tel Aviv-Jaffa ("the Municipality") created Tel-O-Fun in order to encourage the use of bicycles as an inter-city means of transportation, and as part of its comprehensive policy of focusing on environmental-friendly means of transportation. The establishment, operation and maintenance of Tel-O-Fun is performed by FSM Ground Services Ltd. (the “Company") for the Municipality and the Authority for Economic Development in Tel Aviv - Jaffa (the “Authority").

The provisions of these terms of use (the “Terms of Use") will apply to all Tel-O-Fun subscribers (daily, weekly and annually) and all Tel-O-Fun users (both purchasing subscriptions for themselves or using a subscription purchased for them, both occasional and returning users (the “User”)).

Prior to use, each User must read the Terms of Use of Tel-O-Fun. By using Tel-O-Fun and its auxiliary services, the User consents to all Terms of Use. The User further declares and undertakes that he is aware that his consent to the Terms of Use is a perquisite to subscribing and/or making any use of Tel-O-Fun and he undertakes to act according thereto.

Operation days of bicycle rental and details regarding subscription types can be found on Tel-O-Fun's website, at www.tel-o-fun.il (the “Website”).

In these Terms of Use, the male form shall also include the female form.

Renting Bicycles / Subscriptions

The User is aware of the option to subscribe to Tel-O-Fun on a daily, weekly or annual basis. Subscription prices and use rates are specified below. Each User may purchase up to 4 subscriptions.

The bicycle rental procedure is detailed in the Website and the Tel-O-Fun bicycle rental stations.

Any subscriber that allows another to use Tel-O-Fun undertakes to ensure that the other User is capable of using Tel-O-Fun according to these Terms of Use and the provisions of the law, is well familiar with and consents to the Terms of Use, before making any use of Tel-O-Fun. Granting permission to another User does not derogate from the subscriber's liability by these Terms of Use.

Payment and Rates

The service requires the following payment: (a) access fee; (b) use fee (derived from the duration of time the User uses the bicycle, starting from extraction from the docking pole and until returning and connecting to the docking pole); and (c) in case of delay to return the bicycle - fine for delay.

The rates for access fee, use fee and fine for delays are detailed in the following tables, and will be published and updated from time to time on the Website. In any case of contradiction between the rates published in these Terms of Use and those published on the Website, the rates on the Website shall apply.

Access Fee (Rental Pricelist)

Rate
Annual Subscription 280 NIS
Annual access to holders of Resident’s Card 240 NIS
3-day access 48 NIS
Weekly access 70 NIS
Daily access - weekday 17 NIS
Daily access - Saturdays and holidays* 23 NIS

* Saturdays and holidays rate: from Fridays / holiday eve at 14:00 until Saturday / holiday end at 19:00.

 

The term of weekly subscriptions purchased and to be purchased during the period starting on November 2, 2015, and ending on November 2, 2016, will be extended by one day, to 8 days, in the framework of a compromise arrangement in class action.

Usage Fee - Rental Duration Cumulative time from rental Total payment addition*
30 minutes from rental 30 minutes 0 NIS
30 additional minutes, or part thereof 60 minutes 6 NIS
30 additional minutes, or part thereof 90 minutes (1.5 hours) 12 NIS
60 additional minutes, or part thereof 150 minutes (2.5 hours) 32NIS
60 additional minutes, or part thereof 210 minutes (3.5 hours) 72 NIS
60 additional minutes, or part thereof 270 minutes (4.5 hours) 152 NIS
Every 60 additional minutes, or part thereof Every additional hour 100 NIS to a cumulative sum of 1200 NIS

* - In addition to the access fee.

Note -

> Use of the bicycle exceeding first 30 minutes requires payment of use fee in addition to the one-time access fee. Access fee will be charged in any case (even if and to the extent the use duration is less than 30 minutes).

> Cumulative rental duration returns to zero if the bicycle is returned to the station for 10 consecutive minutes. > If the bicycle is not returned to one of the stations, or in case it is returned for less than 10 minutes, the User will be charged according to the cumulative use duration (until the bicycle is returned and docked in the station).

Fines Rate - Cumulative
Bicycle return after 14.5 hours until the end of the first 24 hours 1,200 NIS
Delay of every additional 24 hours, or part thereof, together with charge 800 NIS
Total fines amount 4,500 NIS

 

* For the avoidance of doubt, it is made clear that the fine including use fee for later return of bicycle during the first 24 hours will not exceed 1200 NIS.

Payment is made by credit cards only, and is subject to payment confirmation.

Gift cards or cash-cards cannot be used to pay for the service.

The Municipality may change subscription and usage rates and cost of fines applying to the User at any time, at its sole discretion. The Company will notify of change in rates on the Website.

 

Who may use Tel-O-Fun

Any person over the age of 15 who has the knowledge and experience required for using a bicycle, is physically fit and able to make ordinary, reasonable and safe use of the bicycle and who has no medical or other disability that might prevent the use of a bicycle.

Without derogating from any other provision with respect of the User’s liability and release of the Company, the Authority, the Municipality and anyone on their behalf, the User declares that he is aware that if he submits false information regarding his true age, health condition and any other information, he will be held fully and exclusively liable for any harm, injury, disability, loss or damage caused as a result. He will also be liable to penalties prescribed law for providing false information.

Tel-O-Fun - Instructions for Use

The bicycles are intended for private use only. Any commercial use of the bicycles is strictly forbidden.

The User declares that he is aware that only he may ride the bicycle and that it is absolutely forbidden to carry additional people on the bicycle while riding. The User undertakes not to add a seat or make any changes to the bicycle to enable carrying an additional person.

The User is aware that it is forbidden to carry any loads on the bicycle that might affect the stability of the User and the safety of use, other than use of the rear rack, intended for carrying light items only, that do not pose danger to the User’s stability while riding the bicycle.

The User declares that he is aware of the risks involved in riding a bicycle and aware of all the provisions of the law in Israel with respect to using, operating and riding bicycles, including traffic regulations and rules regarding the use of bicycles and riding on bicycle lanes.

The User undertakes to refrain from using the bicycle under the influence of drugs or alcohol, or in any other health condition that prevents the reasonable, careful and safe use of bicycles.

The User declares and undertakes that he is aware that by the Traffic Ordinance, wearing a helmet while riding bicycle is mandatory, except for adults (as defined by law) using bicycle inside the city, not for an activity that is mainly for sport. Protective helmets may be purchased through the Website.

 

Adults who are parents, guardians or taking care of a minor will not allow the minor in his company to violate the provisions of the Traffic Ordinance with respect to wearing a helmet, as noted above.

 

The User is responsible to comply with the entire provisions of the Traffic Ordinance with respect to using the bicycle. Without derogating from the above: (a) riding the bicycle is prohibited unless it is in proper working condition, fit for use; (b) riding the bicycle will be from the fixed sit attached to the bicycle only; (c) it is forbidden to hold unto another vehicle moving on the road, and to tow a person using the bicycle; (d) you must keep distance from vehicles while riding, and make sure to ride carefully, while paying attention to pedestrians. Refrain from use endangering the User of third parties; (e) only ride on bicycle lanes and paved roads intended for riding by the provisions of the law.

 

Before commencing use of the bicycle, the User must inspect that the bicycle is in order (brakes, lights, handlebars, tires, chain, pedals, etc.) and the existence of the equipment required to be placed on the bicycle according to the provisions of the law (including bell and reflector, light at night) and refrain from using the bicycle if they are not in order or do not comply with the provisions of the law. The User will notify the company's service center at *6070 (the “Call Center") regarding malfunctioned bicycle or any such defect and/or missing item. In addition, the User undertakes to place the bicycle seat at a height suitable to his body dimensions. When detecting a problem with the bicycle during use, the User will return the bicycle to the closest docking stations and make sure that it is docked appropriately.

In addition, the User undertakes to immediately notify the Call Center of any malfunction with the bicycle rental service, including the terminal, docking poles and/or any other problem and/or accident involving the use of the bicycle and/or the loss and/or theft of the bicycle and/or any extraordinary event.

The User undertakes to return the bicycle to a docking station and connect them to the docking pole as required. The User declares that when using Tel-O-Fun service, he took this undertaking under consideration. The User declares that he is aware and acknowledges that to the extent the bicycle is not returned to one of the docking stations within 24 hours, and connected to such station as required, in addition to payment of the fines listed above, the Company and/or Municipality and/or Authority, or anyone on their behalf, may notify the competent authorities that the bicycle is lost or stolen, or alternatively take possession of the bicycle if found by them. In such instant, the Company and/or Municipality and/or Authority may deny from the User any future use of Tel-O-Fun, and terminate the engagement with him early.

The User declares that he is aware and acknowledges that to the extent the docking station he would like to return the bicycle to is in full capacity, he will be required to return the bicycle to another docking station. The User should make sure the bicycle is properly inserted and connected to the docking pole. The User undertakes to return the bicycle to the docking stations at the end of use in the same condition in which he received it, excluding reasonable wear and tear.

The User undertakes to lock the bicycle when not in use. For the avoidance of doubt, it is hereby clarified that payment for the use of Tel-O-Fun will continue to apply even when the bicycle is not moving or not used by the User, including when locked by self-lock (if the Company enables such lock), all, until it is returned to the docking station and connected as required.

The User declares that he is aware and acknowledges that the bicycle have no self-lock mechanism outside the docking stations.

The User declares that in the case of losing the bicycle, he must pay the Company an amount that equals the maximal fine amount, as indicated in the above table.

Liability

The User declares that he is aware using the bicycle is under his sole responsibility and that he is not insured. The Company and/or the Municipality and/or Authority are not and will not be held liable for any damage of any kind whatsoever caused to the User and/or to any other person, directly or indirectly, deriving from, or in connection with, Tel-O-Fun and/or the bicycle and/or the use thereof.

The User will be fully liable in case of theft or damage to the bicycle and undertakes to indemnify the Municipality, Authority and Company for any such damage, including without limitation, bicycle repair, purchasing and installing parts or purchasing new bicycles in the case of destruction, irreparable damage or loss.

The User declares and undertakes that he is aware that he is held fully, exclusively and absolutely liable for any kind of damage whatsoever caused to property and any person, including the User, deriving from, or in connection with, the use of Tel-O-Fun, including due to loss and/or theft of the bicycle, or any harm and/or injury and/or disability and/or death and/or damages and/or expenses caused to any third party and/or to the User himself. The User will indemnify the Company and/or Authority and/or Municipality for any such damage incurred.

The User is exclusively liable to the intactness of the bicycle and for its return in good working order, and on time prescribed, and to connect them as required to the docking station.

The User declares that he is aware of his liability for any traffic violation or other criminal offence and for any wrong or action he commits in connection to the use of the bicycle.

The service is provided for use as is. The User will have no argument, claim or demand towards the Company, Municipality, Authority or anyone on their behalf for the features, properties, limitations or conformity of the service to his needs and requirements.

Insurance

The User assumes all risks involved in riding the bicycle. The User declares that he is aware that riding a bicycle is a dangerous activity, involving risks such as damage to the person, property, partial or full disability and/or death. The User declares that he is aware of unexpected risks involved with the use of Tel-O-Fun and/or riding the bicycle and assumes liability with respect to all abovementioned risks, including risks involving negligence of third parties.

The User undertakes to indemnify the Municipality and/or Company and/or Authority and/or any of them for any and all damages, compensation and/or expenses deriving from the abovementioned causes, including trial expenses and attorney fee, if any, for the entire amounts they (or any of them) is required to pay, and such amount will be deemed as debt owing by the User to the Municipality and/or Company and/or Authority.

Property Rights

The User will have no property rights of any kind in Tel-O-Fun and the bicycle. The User declares that he is aware that Tel-O-Fun, including all bicycle and docking stations, and all auxiliary equipment, are the sole property of the Municipality.

Privacy and Confidentiality of Information

The User’s consent to these Terms of Use constitutes a consent to include the information he provided in the Company and/or Municipality database, related to Tel-O-Fun. The User is aware and hereby consents to that information he provided upon subscription to the service and/or resulting of his activity will be stored in the Company and/or Municipality databases. When subscribing to and/or using the service, the User allows the Company and/or Municipality to store such information. The Company and/or Municipality cannot guarantee that its systems are proof against hacking and/or unauthorized access, and in such case, the User will have no argument in this respect.

The Company reserves the right to expose any personal information about the User or about the User’s use of the service without prior notice to the User or requiring his consent in any and/or more of the following: 1) to comply with legal requirements and/or to comply with a court/ competent authority order; 2) to protect the rights of the Company and/or Authority and/or Municipality and/or anyone on their behalf and/or third parties; 3) to enforce these Terms of Use; 4) to provide the service; 5) to improve and enrich the offered services and content; 6) to modify and/or cancel existing services and content; 7) to gather statistical data on the use of the service; 8) to verify details and for information security purposes.

Transaction Termination

Termination of transaction for the purchase an annual subscription / annual subscription for Resident Card holders (a “Transaction”) will be made according to the provisions of the Consumer’s Protection Law 5741-1981 (the “Law”) and the Consumer’s Protection Regulations (Transaction Termination) 5771-2010 (the “Regulations”). Without derogating from the above, Transaction termination will be made according to the following provisions:

The “Transaction Date” - the date on which the Company provided the consumer a document containing the order details of a Transaction made (before or during the Transaction engagement date).

Transaction termination during the first 14 days after the Transaction Date - Transaction termination will begin with date of delivery of termination notice to the Company, and the following shall all apply: (a) the Transaction will be terminated and the Company will terminate the provision of the service; (b) within 14 days from receiving the termination notice the consumer will receive back the relative part of the Transaction price paid by him (the consumer will pay for the relative consideration for the service provided to him in the Transaction, until the transaction notice delivery date); (c) future debit (if any) for the consumer will be annulled, and the consumer will receive notice of annulment of such charge; (d) the consumer will return* the Tel-O-Fun key to the Company offices; (e) termination fee of 5% of the Transaction price or 100 NIS, the lower of the two, will be deducted.

Transaction for which the consumer provided a termination notice after 14 days have elapsed of the Transaction Date - the Transaction termination date will be within 3 business days after the delivery of the said termination notice to the Company (if the termination notice was made orally and/or by email and/or facsimile) or within 6 business days from the delivery of the termination notice to the Company if sent by registered mail, all if the consumer did not indicate a later date in the termination notice, and the following shall all apply: (a) the Transaction will be terminated and the Company will terminate the provision of the service; (b) within 14 days from receiving the termination notice the consumer will receive back the relative part of the Transaction price paid by him (the consumer will pay for the relative consideration for the service provided to him in the Transaction, until the transaction notice delivery date); (c) future debit (if any) for the consumer will be annulled; (d) the consumer will return* the Tel-O-Fun key to the Company offices; (e) termination fee of 30 NIS will be deducted, subject to the provisions of the Law.

* In case the consumer fails to return the Tel-O-Fun key to the Company within 14 days from the Transaction Termination date (whether for termination during the first 14 days or later termination), the consumer will incur the cost of the Tel-O-Fun key in a total of 20 NIS (except in case Transaction termination of a previous Tel-O-Fun subscriber who was registered in the system before executing the transaction, for whom no new Tel-O-Fun was issued).

In case of Transaction termination due to non-conformity, the provisions of the Law and Regulations in this respect shall apply.

Changes to the Bicycle Rental System and/or Terms of Use

 

The Municipality and/or Company and/or Authority reserve their exclusive right to make changes in Tel-O-Fun, including the relocation or modification of docking stations, changes to the manner of use, changes with respect to offered services, their scope and availability, updates and upgrades of the system and every complex thereof, changes to the terminal and/or Website, and changes and updates to these Terms of Use and/or privacy policy and/or rates and/or times, including without limitation, subscription fee and incidental use fee and/or usage times of the bicycle; all, at any time, in their sole discretion. The Company, Municipality and Authority may also decide and notify of temporary or permanent cessation of the Tel-O-Fun activity, all or parts thereof, all without need to deliver any prior notice or receive the Users’ consent. The User should and is responsible to check for any changes and/or amendments made as aforesaid, if any. The Company may, but does not have to, in its sole discretion, send Users notices to such changes using the different media outlets, including telephone, email and mail. By receiving the Services and/or using Tel-O-Fun, even in an incidental manner, the User allows and agrees to receive such notices, if any, whether from the Company, the Municipality or the Authority, or by third parties on their behalf, in their discretion, in all media outlets, without limitation, including without limitation by email, automatic voice mail, SMS, fax, etc.

Jurisdiction

All matters relating to the use of Tel-O-Fun or its bicycles and/or relating to these Term of Use will be subject to Israeli law, without any conflict of laws, and be subject to the sole jurisdiction of the competent courts in Tel Aviv - Jaffa, and no other court will have any jurisdiction in this matter.

General

It is hereby clarified that the Company is entitled to terminate the engagement with the User at any time due to a failure to comply with the Terms of Use.

Without derogating from the Company’s right to send Users such notices, subscribing to the service constitutes explicit consent of the User to receive advertisement in connection with Tel-O-Fun according to the Communication Law (Bezeq and Services) 5768-2008, including by facsimile, automatic dialing system, electronic mail or short message service. The customers may cancel receiving advertisement at any time by approaching the Company on the email address in the “contact us” page of Tel-O-Fun Website, or by calling the Call Center on *6070.

The consent of the Company and/or Authority and Municipality to deviate from these Terms of Use in a certain case will not constitute precedent, and will not apply to any other case.

In case the Company and/or Authority and/or Municipality fail to exercise rights granted to them by these Terms of Use and/or by law, in a certain case, it would not be deemed waiver of these rights in another case, and such behavior does not testify on any waiver of rights and duties by these Terms of Use and/or law.

No waiver or failure to act on time or an extension granted will be deemed waiver of the Company and/or Authority and/or Municipality of any of their rights and they may exercise their rights, all or some of which, whenever they find fit.

The User declares that he is aware that the docking stations and bicycles included in Tel-O-Fun are limited in number, and that he is aware that possibly some of them will not be active from time to time. Also, the User is aware that the docking stations may not allow returning bicycle due to full capacity and/or taking bicycle due to lack of bicycles, and that he will have no argument and/or demand and/or claim towards the Company and/or Municipality and/or Authority for the above.

The User will have no argument and/or demand and/or claim against the Municipality and/or Company and/or Authority due to malfunctions in Tel-O-Fun, all or parts thereof.

These Terms of Use exhaust, contain, embody and express all agreements between the User and the Municipality and/or Company and/or Authority, in regard to the use of Tel-O-Fun.

Acceptance of these Terms of Use by the User means that the User has read, understood and agreed to the provisions of the Terms of Use and that he hereby waives any argument and/or demand and/or claim towards the Municipality and/or Authority and Company connected to Tel-O-Fun.

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