Adhesion contract

ECOBICI

AGREEMENT OF ADHESION AND SUBSCRIPTION TO THE INDIVIDUAL TRANSPORTATION SYSTEM BY PUBLIC BICYCLE OF MEXICO CITY CALLED ECOBICI, WHICH IS ENTERED INTO BY ONE PART OF THE COMPANY 5M2, S.A. DE C.V., THROUGH ITS REPRESENTATIVES, WHO HEREIN SHALL BE KNOWN AS “THE COMPANY”, AND ON THE OTHER PART THE C._________________________________ WHO SIGNS THIS DOCUMENT WHO HEREIN SHALL BE KNOWN AS “USER” , FOR THE APPLICABLE LEGAL PURPOSES, SUBJECT TO THE TENOR OF THE FOLLOWING DECLARATIONS:

DECLARATIONS

The COMPANY declares that:

  1. It is a moral person duly constituted in accordance with Mexican law.
  2. Their legal representatives are empowered to enter into this contract.

III. ECOBICI has the official website www.ecobici.cdmx.gob.mx as a means of serving ECOBICI users where you can check the location and hours of the modules for face-to-face service, and the digital communication channels.

  1. This Agreement has been registered with the Federal Consumer Protection Agency under Number ______________________

The USER declares under oath that:

  1. It is a natural person, who has the legal capacity, as well as the economic capacity necessary to enter into this contract, as established in the terms, conditions and rates stipulated therein.
  2. It is your wish to enroll in the ECOBICI System and you are assigned the USER PERSON number that emerges from the system and that will be notified to you upon signing the subscription of this document.

III. He is of legal age and has the legal capacity to enjoy and exercise.

  1. In the event of being 16 years old, you state that you have the authorization of your parents or guardian(s), and the undersigned hereby declares under oath that you have the guardianship of the minor, for which you give your express consent. to be a beneficiary, the guardian being obliged to THE COMPANY.
  2. All the information provided in the registration is true.
  3. You have received the information to your complete satisfaction, regarding the content of this Agreement and, therefore, you have fully understood the way in which THE COMPANY will provide the service and/or lease object of this instrument.
  4. Indicates as legitimate means to hear and receive any type of notifications, indistinctly the email and/or the address indicated in the respective application form.

VII. Know and accept the rights and obligations contained in this contract, as well as its terms, conditions, rates and annexes.

VIII. It is your will to sign this contract and you are free from any vice of consent.

THE COMPANY and THE USER, who are hereinafter referred to as THE PARTIES, declare that:

  1. The legal personality with which they are held and the legal capacity to enter into and sign this Agreement are mutually recognized.
  2. That in the execution of this Contract there is no error, fraud, injury or bad faith by any of THE PARTIES that may affect the legal validity-

III. It is your interest to enter into this contract in the terms stipulated in the body of the same under the tenor of the following:

CLAUSES

FIRST.- The purpose of this contract is to establish and regulate the terms and conditions by which THE USER will be allowed to use the ECOBICI INDIVIDUAL PUBLIC BICYCLE TRANSPORTATION SYSTEM, by virtue of which THE COMPANY grants a very personal loan as Onerous use of public bicycles, through the cycle stations that are distributed in one or several areas of influence of Mexico City, determined and/or determinable, so that they are used in the territory that includes various mayors of Mexico City .

The ECOBICI Public Bicycle System consists of the use, by the USER, of “type bicycles”, described in the annex, as well as in the terms and conditions of use indicated in this legal instrument.

SECOND.- The USER will have access to all the bicycles available in the ECOBICI Public Bicycle Individual Transportation System, however, the USER may use only one at a time, which must be in physical and mechanical condition. normal use and with its complete accessories, the USER agreeing that it will be used solely and exclusively for the transport of the USER, which may not generate any profit and will be carried out under their responsibility. Likewise, at the time of choosing the bicycle, the USER receives it, except for hidden defects, to his entire satisfaction and undertakes to cover in favor of THE COMPANY, at market prices, the missing accessory(s), damage and/or or parts of the bicycle that it contains and/or does not contain, as applicable, at the time of delivery of the same, on the understanding that the inspection of the same may be carried out by the COMPANY at the time of delivery of the bicycle or later, in which case, it will not exempt the USER from the responsibility referred to above.

THIRD.- Except for those clauses that due to their nature must survive the validity of this Contract, the validity of the same will be the same as the very personal membership that the USER acquires, and will be renewed by common agreement, for an equal period of indefinitely, unless THE USER modifies the duration of their membership; In any case, the USER authorizes THE COMPANY to make the applicable charge for the concept of renewal, with the rates that are in force in the rate table published on the website www.ecobici.cdmx.gob.mx. If the USER wishes to change the temporality of his membership, he must carry out the procedures indicated in the terms and conditions or, failing that, notify THE COMPANY through the email indicated in the declarations of this instrument, the foregoing without prejudice to which must cover the amount published in the corresponding tariff, of the new membership, as well as the subscription of the respective contract through the means designated for this purpose by THE COMPANY. If the USER does not wish to renew their membership, they must deactivate the auto-renewal option previously activated in the user area and/or notify THE COMPANY of their intention through the means indicated in the terms and conditions or through the website www.ecobici.cdmx.gob.mx, in this case, the membership of the USER will only be valid for the remaining time of their membership. In the same way, the USER may at any time terminate this contract, for which they must refer to what is established in the terms and conditions or, failing that, notify THE COMPANY in writing, through any channel. provided for this purpose, without being entitled to a refund of the amounts paid, so in this act you accept that in said case, THE COMPANY will be empowered to keep them. Notwithstanding the foregoing, THE COMPANY will be liable for its obligations arising from this contract, provided that this contract is in force.

For temporary subscriptions, THE USER will have the current options that will be published on the official website www.ecobici.cdmx.gob.mx. The validity of the temporary subscriptions will run from the acceptance of the position for the selected temporality. Temporary subscriptions will not automatically renew under any circumstances. In the case of the USER who is not banked through the means of payment recognized by the Mexican financial system, the COMPANY is empowered to propose, celebrate and publish which are the alternatives under the pre-paid modality or those contracts related to various means of payment without this representing any administrative or operational difficulty in terms of access and use of the ECOBICI System.

FOURTH.- The falsity of declarations and/or the breach by THE USER of any of the obligations set forth in this contract and/or the terms and conditions published for this purpose, will be the cause of temporary suspensions, cancellation of the service and/or termination of this Contract, without the need for a judicial declaration and without this implying any responsibility for THE COMPANY, nor will it be a reason for total or partial reimbursement for the USER.

  1. Cancellation and/or termination: Without prejudice to those established in this instrument, it will be cause for cancellation and/or termination of this Contract, when the USER commits on two or more occasions, any of the assumptions described below:
    1. Total or partial damage to the bicycles, their accessories or cycle stations that are part of the ECOBICI System, ruling out the natural wear and tear of the unit.
    2. Place any decal or carry out any act that modifies the physical appearance of the bicycles, their accessories or cycle stations.
    3. Exceed four times the 8 hours of continuous use of bicycles.
    4. When THE COMPANY tries to make any payment that is due in terms of this document, including without limitation, the automatic renewal of the subscription, and the charge does not proceed for any reason
    5. False declarations and/or breach of any of the clauses and/or obligations established in this contract by the USER.
    6. In the event of any of the following behaviors being carried out by THE USER: loan of the card that proves him/her as a USER, incorrect use, unprotected bicycle, non-compliance with the duty of care as if he/she were the owner of the bicycle or cycle stations occupied by the USER PERSON.
  • Without prejudice to the fact that THE COMPANY may permanently terminate the USER without the possibility of reimbursement in the event of incurring in the assumptions indicated in this instrument, the USER will be responsible for the damages caused by said breach, including without limitation, in the assumption that there is a presumption of loss of the bicycle, which will be presumed as long as the bicycle is not returned to the corresponding cycle station within 24 (twenty-four) hours from the start of its use by THE USER, the latter must cover the commercial value of the same, this, without prejudice to the obligation to pay the published rates.

The USER may not have under his/her name another account(s) in addition to the one already recognized with his/her registration data before the ECOBICI System, except when contracting for a minor of the ECOBICI System. have your guardianship.

In case of temporary suspensions, rescission and/or cancellation, THE COMPANY will not be obliged to make any reimbursement for the amounts that THE USER would have delivered, for the time that the same is no longer provided, in case of suspension.

FIFTH.- The USER may make any clarification regarding their registration account from the website, mobile application, by telephone, via email to the authorized account, in person or through any other means that is provided for this purpose. inform THE USER through the website. If it is verified that the charge generated was not the responsibility of the USER, the COMPANY will take the necessary steps so that the operating company of the ECOBICI System initiates the reimbursement process.

SIXTH.- The guarantee deposit will be used when at the time that the bicycle must be returned in terms of this document and it has not been returned in the terms of this document, or in a verification subsequent to it, THE COMPANY and/or or the ECOBICI team realize that during the time that the USER had physical or legal possession of the bicycle, damage has been caused to it, its accessories and/or the cycle stations or a deterioration greater than the natural wear of the bicycles. same, as well as in case of vandalism that is commented during the physical or legal possession that the USER has on the bicycle, the bicycles, their accessories or cycle stations. The foregoing on the understanding that said conditions are attributable to the USER without the need for a judicial declaration. In any case, and when the guarantee is not sufficient to cover the identified damages, the COMPANY may make the charges directly to the bank card given by the USER at the time of execution of this instrument or the one designated subsequently. The amount will be the commercial value of the bicycle, which is determined through the appraisal for the repair of damaged bicycles, accessories or cycle stations, as appropriate.

The COMPANY reserves the right to exercise all the rights contained in this document derived from the breach of obligations by the USER, as well as for the damages caused to the bicycles, their accessories or to the cycle stations during the time that these are in custody by THE USER, said reservation of rights will be for a period of 90 calendar days after the date on which the user cancels or ends the term of the contract. In this sense, the USER recognizes the power of collection by the COMPANY of the concepts derived from any breach reported by THE COMPANY as well as for damages. What is stated in this clause applies to every USER regardless of the membership they contract for the use of the System.

SEVENTH.- For the purposes of preventing traffic events and/or other behaviors prohibited by the applicable legislation and/or regulations, the USER must comply with the relative and applicable legislation and regulations, including without limitation in terms of traffic, mobility and civic culture for Mexico City.

  1. Traffic facts:
  1. In the event of an accident or traffic event in which the USER is involved, he or she must immediately notify the user service area by telephone and/or through any other form that is published for this purpose on the corresponding website. .
  2. The USER must remain at the scene and safeguard their physical integrity and that of the bicycle and its accessories, until a representative of THE COMPANY or support staff from ECOBICI and a transit agent from the Secretary of Security arrive. Citizen; is excepted from the foregoing in those cases in which their state of health requires immediate medical attention and/or hospital transfer, or in the event that, derived from the applicable legislation or regulations, their mobilization is required.
  3. The USER must not make any type of arrangement or negotiation with the third parties involved in the incident, without prior authorization from the ECOBICI support staff.
  4. The traffic incidents reported by the USER will be verified jointly by the support staff of ECOBICI and LA SEMOVI through the procedures for demarcation of responsibilities and within the periods indicated for it.
  5. In the event that the event of transit has been caused by defects in the bicycles or by their inadequate maintenance, all the expenses inherent to it will be covered through the insurance policy(ies) that the operating company of the ECOBICI System has. in force and through the procedures and deadlines indicated to the USER. THE COMPANY of the ECOBICI System will not be obliged to compensate those events that are not caused by defects in the bicycles or by their inadequate maintenance.
  6. If the USER does not comply with any of the aforementioned procedures, the operating company of the ECOBICI System may limit the payment of compensation or declare the payment inadmissible, unless the delay, absence of report or lack of procedures is due to a case fortuitous or force majeure.
  7. The USER accepts that the assessment of the damages caused by the accident will be carried out by personnel from the corresponding insurance agency or the competent authority for it, in accordance with the elements and procedures established for this purpose.

EIGHTH.- Regardless of the type of subscription to the ECOBICI system, the USER is obliged to deliver the bicycle at the end of their trip at the ports designated and authorized by LA SEMOVI. The foregoing may be done within a period of 45 continuous minutes of use and/or the duration of each contracted membership. Notwithstanding the provisions of this Clause, the USER may continue to use the bicycle with the understanding that every minute that passes, after the period referenced herein, will be subject to the application and payment of surcharges. However, the USER will have to cover a penalty fee if they exceed the use of more than 8 consecutive hours.

NINTH.- The obligations of the USER and, where appropriate, of the minor referred to in this contract are:

  1. Drive the bicycle at all times respecting the applicable regulations on mobility, traffic, civic culture and other relative matters, as well as the provisions of this contract.
  2. Safeguard the bicycle, its accessories and cycle stations at all times and verify that it is not parked outside the ports designated for its return.
  3. Pay the amount of the sanctions that were imposed for violation of the applicable legislation and regulations and the provisions of this contract, being able to be carried out by THE COMPANY, the collection of these last amounts, at the same moment or later in which cover the amount corresponding to the payments provided for in this contract and the other benefits.
  4. In case of theft or loss of the Integrated Mobility card, the USER will immediately notify THE COMPANY, assuming the responsibility of any use that is given to the Integrated Mobility card until before the report is closed.
  5. When returning the bicycle to the station, the USER must ensure that the anchorage was successful. The charges generated for additional time of use and for bicycle theft in case of making the return incorrectly, will be the responsibility of the USER.

TENTH.- It is prohibited for any USER:

  1. Use or take advantage of the bicycle for a profit or commercial purpose.    
  2. Use the bicycle to drag or tow objects.
  3. Overloading the bicycle or any of its parts, in relation to its resistance or normal capacity, which is for one person, and in the case of the rack it is a maximum of 10 kg.
  4. Participate with the bicycle directly or indirectly, in races or tests of safety, resistance or speed.
  5. Driving the bicycle on unpaved paths, paths or roads or those that are in conditions not suitable for the individual bicycle journey.
  6. Transporting with the bicycle: weapons, explosive or flammable material, sharp items, as well as any object prohibited by the laws or regulations in force in Mexico City, objects that exceed the dimensions of the cargo rack and/or obstruct visibility when pedaling , alcoholic beverages or narcotics or psychotropic drugs even when said transportation was done within the legal norms.
  7. Using the bicycle in a different way from what is indicated in this contract, as well as carrying out any repair, or trying to carry it out, any damage detected by the user must be reported to the ECOBICI user service center, taking the bicycle to a port and, where appropriate, by pressing the repair button, or through the means of communication published on the official website www.ecobici.cdmx.gob.mx.
  8. Lending the ECOBICI System membership to a non-user.   
  9. Make some type of variation or modification to the equipment that forms an integral part of the system installed in the area determined for the station or, specifically, to the bicycle that is the object of this contract.
  10. Exceed the time of use allowed according to the contracted membership.
  11. In general, use the bicycle in a different way or for purposes other than those stipulated in this contract, and be responsible for the possession of the same bicycle.
  12. Lend, lease, sublease or any other way through which the bicycle or the Integrated Mobility card is used for consideration or free of charge.

ELEVENTH.- The USER will have civil and criminal liability, when it causes:

  1. When the user provides their identification data to another person who is not a user of the System and this causes damage to any of the assets that make up the ECOBICI System and/or the damage that said persons generate to third parties in their assets or persons; and
  2. Damage suffered by the bicycle while it is in the physical or legal possession of the USER;
  3. Any act and fact that the law indicates as illicit, and that they are carried out with the use of the bicycle that is the subject of this contract.
  4. Any damage committed by the USER due to their lack of skill in handling the bicycle.

 

TWELFTH.- In the event of the occurrence of an act that probably constitutes a crime, the USER must immediately notify both THE COMPANY and the competent authority that should know about the fact, in order to comply with Clause SEVENTH of this instrument. Therefore, it is obliged to carry out all the actions requested by the COMPANY, as well as to assume the cost of the deductible that is set by the insurer for the payment of the good. If the bicycle is returned to a damaged bicycle station or in a state that warrants its repair for proper operation, the USER will be responsible for covering the expenses that are generated. In case of presumption of loss or damage to the bicycle by the USER, the guarantee deposit will be used or the corresponding charge will be made directly to the credit and/or debit card indicated at the time of signing this contract. or at the time of updating your data, or, where appropriate, by judicial means.

THIRTEENTH.- The responsibility of the USER for causes attributable to the same, regardless of what is stipulated in the previous Clause, in case of total theft is set at the amount that is marked with respect to the loaned bicycle, according to the commercial value Of the same. In case of collisions and/or traffic incidents, the amount determined from an appraisal verified by an authorized agency or competent authority.

The USER who has withdrawn from the System, will not be able to use it again if they present debts and only until they pay them will they be able to use the System again.

FOURTEENTH.- In the event that the USER is attributable to:

  1. Damage to people or things;
  2. Damage to the borrowed bicycle itself, its accessories or to the cycle stations;
  3. Damages suffered by non-users who were using the bicycle;
  4. Total or partial theft of the bicycle and/or its accessories.

Except for what is expressly stated in this instrument, as long as there is insurance, THE USER gives his consent to pay the deductible corresponding to the insurance that THE COMPANY has, forcing himself to comply with each and every one of the obligations governed by the conditions of the policy. . The foregoing, coupled with the mandatory presentation of the complaint before the instances of prosecution of justice in Mexico City.

FIFTEENTH.- THE COMPANY is not responsible for objects forgotten by the USER on the bicycle, in the ECOBICI service area, or in the equipment that makes up the area determined for the cycle stations.

SIXTEENTH.- In the event of any mechanical or electrical damage to the bicycle or the loss of any of the parts, the USER must immediately notify THE COMPANY of this fact, subsisting in any case the responsibilities under his responsibility in the event that the damage occurs. been caused by an act that occurred during the time the USER was in possession of the bicycle, such as blows, overloads, abnormal use of the bicycle, among others.

SEVENTEENTH.- If the USER gives rise to judicial and extrajudicial procedures, he will be responsible for the payment of judicial and extrajudicial costs.

EIGHTEENTH.- For any report of physical-mechanical or electrical damage, complaints, claims or disagreements, the USER may report them to the official website https://ecobici.cdmx.gob.mx, through the mobile application, of in person or through any other mechanism informed by the COMPANY.

NINETEENTH.- The Federal Consumer Attorney’s Office (PROFECO) is competent in administrative proceedings to resolve any controversy that may arise regarding the interpretation or fulfillment of this adhesion contract. Notwithstanding the foregoing, the parties submit to the jurisdiction of the competent Courts in Mexico City, expressly renouncing any other jurisdiction that may correspond to them, due to their jurisdiction.icilios presentes o futuros.

TWENTIETH.- While the USER is using the ECOBICI system, they accept and authorize THE COMPANY so that, respecting their integrity at all times, they can make use of their image for statistical, commercial and/or promotional purposes. This, through visual, audiovisual or multimedia material without this generating any responsibility for THE COMPANY or any payment obligation derived from the exploitation of its image.

TWENTY-FIRST. – The ECOBICI Public Bicycle Individual Transport System Service has the following schedules:

  • Operation (bicycles and cycle stations): every day of the year from 05:00 to 00:30 the next day.
  • Face-to-Face Service Modules: Monday to Friday from 10:30 a.m. to 7:30 p.m., Saturdays and Sundays from 11:00 a.m. to 3:00 p.m.
  • Telephone service: Monday to Sunday from 05:00 to 01:30 the next day, every day of the year.
  • Digital service: Monday to Sunday from 05:00 to 01:30 the next day, every day of the year, the users will be served through the website and the mobile application of the ECOBICI System, either by filling out the form , chat with automated conversation that can be redirected for personalized attention with a digital attention advisor or by sending an email.

TWENTY-SECOND.- For the purposes of the accident compensation insurance, the USER undertakes to complete an individual consent form for the insurance in which he will designate a beneficiary in the event of death, which will be carried out in accordance with the stipulated terms and conditions. on the official page of ECOBICI.

THE COMPANY

PERSON

USER

Last update: June 1, 2022.

GENERAL TERMS AND CONDITIONS OF THE SERVICE

Requirements to acquire a subscription and be a user (hereinafter “The User”) of the ECOBICI System, (hereinafter the “Service” or “System”).

The User declares under protest to tell the truth that all the information shared in the registration for the Service is true and that he assumes the legal consequences in case of incurring falsehood, exempting the Service operator from all responsibility and in the understanding that said condition does not exclude you from compliance with these conditions.

In order to use the Service, it is required:

1Being over 18 years.

2)  If you are under 18 years of age, but over 16 years of age (hereinafter the “Minor”):

  • Be accompanied/or by a mother, father or guardian of legal age to any of the existing service kiosks and identified through the media and/or dissemination of the System and which, among others, may be located in: Camellón de Reforma and Río Gualdiviquir, Camellón de Reforma (in front of Reforma 222) and Insurgentes Sur (between Montecito and Philadelphia streets) (hereinafter referred to as the “Service Kiosks”) same locations that may be modified without prior notice and provided that they are duly published on the System page www.ecobici.cdmx.gob.mx.
  • They may be registered, as long as they deliver, duly requested, an authorization, whose format will be available on the official website www.ecobici.cdmx.gob.mx, signed by the mother, father or guardian (who will act as the joint and several obligor). ), assuming responsibility for the acts of the Minor.
  • The authorization referred to in the previous point must be accompanied by a copy of the valid official identification of the mother, father or guardian, as appropriate.
  • This authorization will be valid for the period of validity of the acquired membership.
  • This documentation is additional and does not replace that specified in other subsections of this section.

3) Provide a current official identification of the User: INE, professional ID with photograph, passport, driver’s license, multiple immigration form or temporary or permanent residence visa.

4) Have an email account, which can only be registered by a User.

5) Comply with the requirements described in this section and the Adhesion Agreement (as defined below), acquire a membership, optionally the registered person may acquire one (1) MI (Integrated Mobility) card (hereinafter referred to as the “Integrated Mobility Card”). MI”), which will identify it as a User Person subscribed to the ECOBICI System.

6) Membership in the System is personal and non-transferable, that is, only the registered User may use it, if this condition is not met, the subscription may be cancelled.

7) Acquire a subscription from the website www.ecobici.cdmx.gob.mx (hereinafter referred to as the “Website”) in the Register section, from the ECOBICI APP or in the user service channels.

8) The User must only have an account in their name, if they wish, they can support 5 (five) additional people with their bank card, in the case of credit cards, and up to 2 (two) additional people in the case of credit cards. debit.

9) The use of the ECOBICI Service acquired is exclusive to the User.

10) Accept the Adhesion and Subscription Contract to the ECOBICI Public Bicycle Individual Transportation System, registered with the Federal Consumer Protection Agency (hereinafter the “Adhesion Contract”).

Subscription for Banked Users:

Any type of membership can be acquired through a credit or debit card (VISA or MASTERCARD) backed by a Banking Institution and valid for online purchases.

All membership payments must be made by paying in a single installment, except in the case in which there is a modality to be able to make payments in installments.

In the event that the bicycle is not returned after 24 hours counted from the moment in which the User removed the Bicycle from any of the designated and authorized ports, or that it may be presumed lost or stolen, the procedures described in the Adhesion Contract. The charges, fees and other amounts related to these concepts, will be charged to the card registered by the User, with the exception of those cases in which the incident is not attributable to the User, this in accordance with the aforementioned Adhesion Contract .

Subscription for unbanked Users:

  • For Users who do not have a card backed by a Banking Institution, they may use the Service under the cash payment scheme, for which they must go in person to any of the Service Kiosks, and follow the procedure that is detailed below, in order to carry out your registration in the System:

They must submit the original and simple photocopy of the following official documents: (i) current official identification (INE, professional identification card with photograph, passport, driver’s license, temporary or permanent residence visa, or multiple immigration form); (ii) guarantee deposit under the terms established in the Adhesion Agreement; (iii) document, under the formats granted by the System operator, that reflects the commitment by two third parties (guarantors) to comply with the obligations assumed by the User; This will be applicable only in the event that the guarantee deposit indicated above does not fully cover the obligation assumed by the User; (iv) simple photocopy of the official identification of the two guarantees (INE, professional identification card with photograph, passport, driver’s license, temporary or permanent residence visa or multiple immigration form); and (v) simple photocopy of the proof of residence valid for no more than 3 months.

  • In case of being Minor:

a) Be accompanied by a mother, father or guardian of legal age to any of the Service Kiosks.

b) They may be registered, as long as they deliver a duly requested authorization, whose format will be available on the official website www.ecobici.cdmx.gob.mx, signed by the mother, father or guardian (solidarity and obligation), assuming responsibility for the acts of the minor.

c) The authorization referred to in subparagraph b) above must be accompanied by a copy of the valid official identification of the mother, father or guardian, as appropriate.

d) This authorization will be valid for the period of validity of the acquired membership.

e) This documentation is additional and does not replace that specified in other subsections of this section.

  • Once the documentation has been collated, the User will be registered in the system and two payment orders will be generated, the payment of which must be made at the self-service stores determined for that purpose; including without limitation, the so-called OXXO (hereinafter “The Prepaid Stores”), one for the payment of the subscription (annual or temporary) to the Service and another for a guarantee deposit. The payment orders to which reference has been made will reach the User at the indicated email and will be valid for 3 (three) days, on the understanding that in the event that the payment is not made on the indicated date, the User must carry out the actions indicated in this number again to obtain new payment orders.
  • The User must go to make their payment at the Prepaid Stores and obtain their proof of payment.
  • The Prepaid Stores can collect a commission which is independent and unrelated to the operator of the ECOBICI Service, which must be covered by the User.
  • On the next business day after making the payment, the User must go to any of the Customer Service Kiosks to have the payment validated and the subscription completed.
  • The User will receive their user ID in the registered email and will be able to access the Service through the Website or the ECOBICI APP.
  • For the return of guarantee deposits, the User must notify the customer service staff by means of WhatsApp, telephone call or in person. The User must cancel their subscription and not present any debt to the system for fees for excess use or any other concept in order to request its return. The system will initiate the process for the return of the guarantee deposit by means of a check in the name of the User or electronic transfer to an account in the name of the User and it may take up to 30 (thirty) business days to manage this. The User will be notified by email when the return is available by any of the methods mentioned above.

Any change to these conditions or reference to any means other than the one indicated in this section to make the payment for Users who do not have a card backed by a Banking Institution, will be informed on the Website.

SERVICE HOURS.

The ECOBICI Public Bicycle Individual Transport System operates from Monday to Sunday, every day of the year, from 05:00 to 00:30 the next day. Outside these hours it is not possible to release bicycles from any of the stations, although it is possible to return them. In other words, the system is enabled to anchor bicycles 24 hours a day.

USE TIME.

  • An unlimited number of trips may be made, with the duration indicated on the Website for each type of membership, during the term of the subscription.
  • In order not to generate additional charges, fees or amounts: the trips made must have a duration no longer than that indicated on the Website, according to the membership acquired, until the bicycle has been correctly anchored in one of the anchorage ports of the station. .
  • Travel times start when a bicycle is undocked from the station and end when the bicycle is properly docked in the station, that is, travel times are not cumulative between trips.
  • The time of use of the bicycle will be indicated on the Website for each type of membership. Once this time has been exceeded, the excess use must be paid according to the rate, these charges will not be applicable when they derive from causes not attributable to The User, in accordance with the provisions of the Website and in the Adhesion Contract.

Consult the rates, charges and amounts for exceeding the time of use in the Adhesion Contract and/or the website www.ecobici.cdmx.gob.mx.

BIKE RELEASE.

  • The User may use the Service once they meet the requirements, have a current membership, comply with the Adhesion Contract and these Terms and Conditions, do not present debts and use the bicycle during the established service hours.
  • To release a bicycle from the station, you must use the ECOBICI APP, scanning the QR code of the bicycle to be released, entering the license plate number of the bicycle to be released or using your MI Card, previously linked to the User’s account. . Any additional means of unhooking the bike will be specified on the Website.
  • The User will have 2 minutes to validate the status of the bicycle and start or return the bicycle in the event of a problem. In the understanding that if you start using it within the period indicated above, it will be understood that you received the bicycle and its accessories in perfect condition, without any damage, so that any damage that it presents and/or is displayed in the bicycle and/or its accessories, will be the responsibility of the User under the terms established in these terms and conditions and/or in the Adhesion Contract.

CORRECT ANCHORAGE.

  • To return the bicycle, once the User has finished their journey, they must go to the station and securely anchor the bicycle in the available anchorage port.
  • To secure the bicycle, the User must align the front triangle with the available port and push.
  • A sound signal will be emitted and the indicator light will turn green, which will indicate that the bicycle has been correctly secured to the anchor port, that is, the anchor was correct.
  • Otherwise, if the bicycle is not properly secured to the anchor port, the indicator light will turn red and a longer sound signal will be emitted, that is, the anchor was incorrect, and the trip remains open (the User remains being responsible for the bike).
  • In the event of an incorrect anchorage, the User must repeat the process (align the front triangle with the available port and push the bicycle) until the green light comes on and the bicycle is properly secured to the anchorage point.
  • If after several attempts the indicator light does not change to green, the User must return the bicycle in another available anchorage port.
  • The User must verify that it is properly insured to avoid any liability, fee, charge or additional amount.
  • If the User is at the station, they can contact the User Service Center to receive advice.
  • The User may verify the status of the trip (finished or not finished), through the ECOBICI APP.

BILLING.

To request an invoice for the payments made to the ECOBICI Service operator, the User must follow the following steps: (It is important to note that this procedure must be done within the month in which the payment was made).

1. Enter the account from the Website, within the travel section, locate the item “Billing” and click on “Request invoice”.
2. Enter the complementary and required information in accordance with current legislation.
3. The invoice will arrive at the email address registered in the account of the User.

In case of not being able to make the request for the invoice within the travel section, it must be requested by any means of contacting ECOBICI user service.

REFUND.

If it is verified that a charge generated was not the responsibility of the User, the reimbursement process will begin.

Applies: Double charge for any of the payments issued to the ECOBICI Service Operator.
Refunds are not made in the following cases:

  1. Exceeding 8 hours of continuous use and/or not returning the bicycle within the following 24 hours; In both cases, the time will be counted from the time the User removes the bicycle from the station.
  2. By voluntarily unsubscribing.
  3. Charges for misuse or for time of temporary suspensions or termination of contract.
  4. For any other reason established in the Adhesion Contract.. 

If applicable, the User must call the ECOBICI contact center or request their refund through the digital channels.

 

TYPES OF SUBSCRIPTIONS.


(i) ANNUAL SUBSCRIPTION (365 days)

In order to subscribe to the ECOBICI Service, the interested person who meets the requirements may acquire an annual subscription from the ECOBICI APP, Website in the “Register” section; or you can do so by going to any of the User Service Kiosks, completing the form. The person who purchases a subscription will automatically be assigned an ID as a User, which will arrive via mail upon completion of the form and successful payment.

(ii) TEMPORARY SUBSCRIPTION.

In order to subscribe to the ECOBICI Service, the interested person who meets the requirements may purchase a temporary subscription, from the ECOBICI APP or the Website, by completing the form in the “Register” section.

The person who purchases a subscription will automatically be assigned an ID as a User, which will arrive via mail upon completion of the form and successful payment.


Users who choose temporary membership may use the Service for the contracted period and this subscription will allow access to bicycles in accordance with the criteria established in the Adhesion Contract and in these Terms and Conditions.

 

(iii) GENERAL FOR SUBSCRIPTIONS.

The User who finishes filling out the form and paying the annual or temporary subscription may choose between: linking the MI Card directly on the Website or in the ECOBICI APP, which may be acquired by the User in any of the Service Kiosk centers available and the User will have access to an MI Card, during the term of their subscription, depending on whether it is annual or temporary.


In the event that the User wishes to change the duration of their subscription, they must cancel it, as contemplated, and acquire a new one, the foregoing, under the terms established in these Terms and Conditions and in the Adhesion Contract.

 

INTEGRATED MOBILITY CARD (MI CARD).

  • The User who acquires an annual or temporary subscription may, if required, acquire an MI Card that can be linked to his account on the ECOBICI Website or APP when entering. With the MI Card, during the period of your subscription, you can release only one bicycle at a time, at any of the stations in the ECOBICI polygons to be able to make trips.
  • In the event that the MI Card is lost, the User must follow the process defined for the cancellation, change or replacement and cover the corresponding cost of replacement, in case they acquire a new MI Card at the Service Kiosks. In any case, it will be your responsibility to unlink said MI card to avoid additional charges related to your account.
  • If a bike is unpinned using an MI Card linked to an account, any additional charges, fees or amounts will be charged to the account to which the MI Card is linked.

*Check the rates on the website www.ecobici.cdmx.gob.mx.

 

REQUIREMENTS TO PICK UP THE MI CARD AT THE SERVICE KIOSKS:

  • When going to the Customer Service Kiosk, it is necessary to abide by the health and safety measures dictated on that site. A current official identification and bank card with which the payment was made or proof of payment must be presented in the case of Users who do not have bank accounts.
  • Once the User has his MI Card active, he will be able to unlock a bike.
  • The MI Card received or activated by the User will be personal and non-transferable and will only be delivered once the form is completed when purchasing a subscription and the corresponding payment is authorized. It can only be used for one bike at a time.
  • Replacement (replenishment) of a lost, stolen or damaged MI Card incurs an additional charge. *Check the current rates on the Website www.ecobici.cdmx.gob.mx.
  • The MI Card is used only as a means of identification to access the ECOBICI Service, no charges are made to the balance available on it.
  • It is necessary to present valid official identification, bank card with which the payment was made, proof of payment and/or any other document indicated on the Website.

CREDIT LIMIT.

  • The User may generate charges, fees or amounts for exceeding time of use.
  • In the event that the User reaches the credit limit granted by the ECOBICI system, the account and the Service will be automatically suspended.
  • In the event that the User reaches continuous use for more than 8 hours or incurs in any of the assumptions described in the Adhesion Contract, the account will be automatically suspended until the pending payment(s) are covered.
  • Once a suspended account is presented, the ECOBICI operator will try to collect the balance pending payment. Said payment will be made directly to the credit or debit card registered in the account of the User.
  • In case of not being able to charge the credit or debit card of the User, the Service will remain suspended until the debt is settled.
  • If the User wishes to obtain more information about the travel history, they can enter their user area on the Website or from the ECOBICI APP with an email and password. In the “My trips” section you can consult in detail the date, time, place and duration of each of your journeys.
  • In the event that the credit limit is exceeded, it can be prepaid prior to the cut-off date by calling the customer service center.
  • The credit limit will be established on the Website.

CANCELLATIONS AND NO RENEWALS.

To carry out the cancellation or non-renewal of the annual subscription service of the ECOBICI Service, the User must follow the following steps, without prejudice to those that may be established in the Adhesion Contract:

 

  • Make sure you do not present debits in your account.
  • Enter the User area from the ECOBICI APP or from the Website, with the email and password registered at the time of purchasing a subscription.
  • In the “Subscription” section, indicating “Cancellation” or deactivate the “auto-renewal” option, as appropriate.
  • Subsequently, send an email to contacto@ecobici.mx requesting the definitive cancellation of the ECOBICI service.
  • ECOBICI will send the User a cancellation or non-renewal form, which must be filled out, signed and attached scanned to the email contacto@ecobici.mx
  • Wait for the confirmation email of cancellation or non-renewal in a period not exceeding 24 hours.
  • The operator may unsubscribe the User on the expiration date of their subscription within a period of 30 calendar days following the last unsuccessful collection attempt in the event of automatic renewal, including the charge for the consideration of the service.

COMPLIANCE WITH APPLICABLE LEGISLATION.

The User is obliged at all times to comply with the applicable legislation, including without limitation, with the Traffic Regulations of Mexico City and the Civic Culture Law of Mexico City.

 

TRANSIT FACTS.

Notwithstanding the provisions of the Adhesion Contract, in the event of an accident or traffic event in which a User is involved, the latter must immediately notify the user service area by telephone and abide by the provisions of the Contract. of Adhesion.


The traffic incidents reported by the User will be verified through the procedures for demarcation of responsibilities and deadlines indicated for it, jointly by the support staff of ECOBICI and the Mobility Secretariat of Mexico City.

 

In the event that the event of transit has been caused by defects in the bicycles or by their inadequate maintenance, all the expenses inherent to it will be covered through the insurance policy or policies that the operating company of the ECOBICI System has. in force and through the procedures and deadlines indicated to the User. The Operator of the ECOBICI System will not be obliged to indemnify those traffic events that are not caused by defects in the bicycles or by their inadequate maintenance.


If the User does not comply with any of the aforementioned procedures, the operating company of the ECOBICI System may limit the payment of compensation or declare the payment inadmissible, except in cases in which the aforementioned conduct is not attributable to the User, the which can be consulted in the Adhesion Contract.

The User must complete the document referred to in Clause Twenty-Second of the Adhesion Contract, through the means established for this purpose on the Website, in the ECOBICI APP and/or in the Customer Service Kiosks.

 

AUTHORIZATION OF IMAGE USE.

While the User is using the ECOBICI Service, the System operator may use their name, image and/or voice for statistical, commercial and/or promotional purposes, through visual, audiovisual and/or multimedia materials, whose ownership will belong to the operator of the Service in terms of the Privacy Notice of the site itself.

 

PROCESSING OF PERSONAL DATA

Based on the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter “The Law”), as well as the Guidelines of the Privacy Notice published in the Official Gazette of the Federation dated January 17, 2013 (in hereinafter “The Guidelines”), on behalf of and on behalf of the consortium formed by 5M2 S.A. DE C.V. (“5M2”) and BKT BICIPUBLICA S.A. DE C.V. (“BKT”), (hereinafter “GRUPO EXPANSIÓN”) declares to be a company legally constituted in accordance with Mexican law, with address at Avenida Constituyentes #956, Colonia Lomas Altas, Alcaldía Miguel Hidalgo, C.P. 11950, Mexico City; As the operator of the Public Bicycle System of Mexico City “ECOBICI” (hereinafter “ECOBICI”), it is responsible for collecting your personal data, the use that is given to them and their protection.

The personal data collected from the User will be used for the following purposes that are necessary for the requested ECOBICI service: 1. Establish contact with the User when requested. 2. Evaluate the quality of the service provided to the User. 3. Respond to a request or information for the provision of services. 4. Process and monitor the services that have been contracted from the Ecobici System. 5. Carry out tasks of clarification and monitoring of collection for use of ECOBICI. 6. Sending notifications regarding changes in the Privacy Notice.

 

*The User may consult the Privacy Notices (Extensive, Short and Simplified) on the website: www.ecobici.cdmx.gob.mx.

*The User may consult the Adhesion Contract on the website www.ecobici.cdmx.gob.mx.

  

To resolve further questions, the User may visit the ECOBICI FAQ section at the following link: www.ecobici.cdmx.gob.mx/faq or write to info@ecobici.mx

 

 

Last update: August 12, 2022.