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:
The COMPANY declares that:
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.
The USER declares under oath that:
III. He is of legal age and has the legal capacity to enjoy and exercise.
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:
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:
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.
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.
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:
TENTH.- It is prohibited for any USER:
ELEVENTH.- The USER will have civil and criminal liability, when it causes:
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:
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:
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.
Last update: June 1, 2022.
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:
1) Being over 18 years.
2) If you are under 18 years of age, but over 16 years of age (hereinafter the “Minor”):
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:
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.
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.
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.
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.
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.
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.
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.
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).
*Check the rates on the website www.ecobici.cdmx.gob.mx.
REQUIREMENTS TO PICK UP THE MI CARD AT THE SERVICE KIOSKS:
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:
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.
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 email@example.com
Last update: August 12, 2022.