Termes i condicions d’ús del servei públic de préstec de bicicletes d’Ontinyent — ONTIBICI
1. Introduction
These terms and conditions regulate access to and use of the Ontinyent public bicycle rental service, known as ONTIBICI.
The service is provided in accordance with the Regulation governing the electric bicycle rental service of Ontinyent, approved by Ontinyent City Council and published in the Official Gazette of the Province of Valencia.
Use of the service implies full acceptance of these terms and conditions, as well as the applicable municipal regulation, traffic and road safety rules, current municipal ordinances and any other applicable regulations.
2. Purpose of the service
The purpose of the service is to make an automatic pedal-assist bicycle rental system —electric bicycles— available to residents and visitors of Ontinyent for urban journeys, promoting its use within the municipal area.
3. Legal basis
The service is based on municipal powers relating to the urban environment, traffic, vehicle parking and mobility, as well as on the regulatory and self-organisation powers granted to local authorities.
Ontinyent City Council may promote activities and provide public services that help meet the needs and aspirations of the local community.
4. Service provision
The service is directly managed and supervised by Ontinyent City Council and may be operated through any of the forms provided for under local government legislation.
The City Council reserves all powers granted by administrative legislation to the holders of public services, especially regulatory, inspection and sanctioning powers.
5. Territorial scope of the service
The territorial scope of the service is limited to the municipal area of Ontinyent.
The bicycles must be used exclusively within the municipal area of Ontinyent, unless the City Council expressly approves another condition of use.
6. Public prices
The cost of using the service shall be the amount established in the corresponding public price agreement approved by Ontinyent City Council.
The fares, passes, subscriptions, usage prices, surcharges or any other financial conditions applicable to the service shall be communicated to users through the official service channels.
7. System elements
The system includes both the rental bicycles and the physical elements installed on public roads for their release, parking, return and system information, including parking points, information totems, signage and any other elements that the City Council may install for the service.
These elements are considered municipal public assets.
8. General description of the service
The service consists of lending a municipally owned bicycle to a user for personal use and for the urban transport of people within the municipal area of Ontinyent.
Bicycle availability shall depend on the number of units parked at the corresponding rental or return point. No user may demand the provision of the service if there are no bicycles available at that time, either because they are being used or because they are undergoing maintenance or repair.
Each user may only request the rental of one bicycle at the same time.
The borrowed bicycles must be returned to one of the authorised collection, parking or return points before the end of the service period or the maximum permitted usage time.
9. Service hours
The service shall operate on the days and during the hours established annually by Ontinyent City Council.
The City Council may, for justified reasons, modify the general conditions of hours and use and the availability of rental points. These modifications shall be communicated to users through the service communication channels.
The City Council may suspend the operation of the service for specific days or periods due to force majeure or duly justified circumstances, such as weather pre-emergencies, serious system failures or similar situations.
10. Registration for the service
Any adult person who is not legally incapacitated may be a user of the service. Minors aged 14 or over may also use the service under the responsibility of their parents or legal guardians.
For a minor aged 14 or over to use the service, express authorisation from their parents or legal guardians is required. This authorisation must state that they accept responsibility for any damages or losses that may arise from the minor being a user of the service, both in relation to the minor’s use of the bicycle and in relation to any harm that may be caused to third parties.
Anyone wishing to use the municipal bicycle rental service must register as a user in the system and pay the applicable public price.
Legal entities may not register for the service.
11. Deregistration from the service
Users may request voluntary deregistration from the system at any time.
If a user does not use the service for a period of one year, they shall be automatically deregistered from the system, without prejudice to their right to request registration again.
A user may also be deregistered for the reasons established in the sanctioning regime of these terms and conditions and the municipal regulation.
The registration and deregistration procedures shall be determined according to the service award conditions, the documents governing the provision of the service or any other documents that the City Council may approve in connection with the regulation.
12. General conditions of use
Use of a bicycle shall depend on bicycle availability at the authorised rental or return points.
The maximum duration of each rental shall be three hours. There is no maximum limit on daily uses per user, unless the City Council or the operator establishes another applicable condition.
At the end of use, bicycles must be parked at any of the parking points determined by the City Council.
The data collected by the computer system that records the removal and return of bicycles shall be proof of the time of collection and return, as well as the duration of use.
Returning the bicycle after the end of the service period or after the maximum three-hour rental duration may result in the corresponding sanction, following the applicable sanctioning procedure.
13. User rights
Residents of Ontinyent and visitors to the city have the following rights regarding the bicycle rental service:
- To register for the service.
- To have access to service bicycles in proper working condition, in accordance with these terms and conditions and the municipal regulation.
- To request and receive information about the service.
- To submit suggestions, complaints and claims through any of the online or in-person channels provided by the City Council and/or the service operator.
- To be properly informed of service incidents.
- To receive a refund of the public price paid if the service cannot be used for reasons beyond the user’s control, where applicable under the relevant regulations.
14. User obligations
Users must comply with the following specific obligations, without prejudice to those established in the applicable regulations:
a) To use the service and the bicycle with the utmost care. Any damage caused to the bicycle due to improper use shall be attributable to the user.
b) Not to transfer the use of the bicycle, under any circumstances, to third parties or family members. Users must also not transfer to third parties any keys, data, codes or means of access to the service.
c) To check the basic elements of the bicycle when collecting it for use. If any bicycle element is found not to be working properly, the bicycle must be returned to its place and another one selected.
d) To properly secure or lock the bicycle at the authorised point when returning it.
e) To use the bicycle exclusively for personal transport.
f) To assume full responsibility for the bicycle from the start of the rental until its return. Neither Ontinyent City Council nor the person or entity awarded the service contract shall be responsible for any damage that the user may suffer or cause while using the bicycle, nor for any damage or loss caused by misuse of the bicycle, nor for any damage caused to third parties by the bicycle user.
g) To take care of and protect the bicycle from any damage, loss or theft during the period of use.
h) To notify the service of any loss or theft of the bicycle and/or its elements, assuming the corresponding responsibility. In the event of theft or robbery of the bicycle, the user must file the corresponding report with the state security forces and provide a copy to the service.
i) To notify the service of any incident or breakdown that occurs during the period of use of the bicycle.
j) To return the bicycle to an authorised rental, parking or return point, in accordance with the general conditions of use of the service.
k) To hand over the bicycle to service operators, authorised personnel or authorities when they request it in the exercise of their duties.
l) To notify the service of any change to the data provided while they remain a user of the service.
15. Traffic obligations and recommendations
During use of the service, the following obligations and recommendations must be observed:
a) Users must ride exclusively within the municipal area of Ontinyent.
b) Users must comply with the traffic and road safety rules.
c) Users must comply with the provisions of the municipal ordinance on non-motorised mobility in the city of Ontinyent.
d) Users must use cycle lanes wherever they are available.
e) Use of protective helmets.
In accordance with the Law on Traffic, Motor Vehicle Circulation and Road Safety and the applicable traffic regulations, the use of protective helmets by bicycle riders is regulated differently depending on the rider’s age and the type of road.
Persons under the age of 16 are required to wear a protective helmet on all types of roads, both urban and interurban. This obligation is especially relevant for ONTIBICI users aged between 14 and 16.
For persons aged 16 or over, helmet use is mandatory when riding on interurban roads. On urban roads, helmet use is not generally mandatory, unless the applicable regulations provide otherwise, but its use is expressly recommended on all journeys due to its effectiveness in reducing serious injuries in the event of an accident.
The user shall be responsible for complying at all times with the regulations in force on helmet use and road safety.
16. Prohibitions
The following actions are prohibited:
- Any use of the bicycle contrary to the current traffic rules.
- Use of the bicycle outside the established times and places.
- Lending, renting, selling or transferring the bicycle or the user’s service data to third parties.
- Use of the service for commercial purposes, goods transport or any other professional use.
- Use of the bicycle on terrain or in conditions inappropriate for bicycles, such as stairs, slopes, speed bumps, dirt fields, skating ramps or areas intended for other vehicles, as well as on any unpaved surface.
- Transporting passengers or animals on the bicycle, or adding external elements to the bicycle for these purposes. Exceptions may apply to bicycles that the municipal service may equip with approved elements for the transport of children.
- Partial or total dismantling and/or manipulation of the bicycle.
- Unjustified abandonment of the bicycle.
17. User responsibility
The user shall be responsible for any obligations and, where applicable, infringements determined by any state, regional or local authority as a result of riding the bicycle.
The user, or their legal representative in the case of minors, shall be responsible for any loss or damage caused to the bicycle and other system elements during the time between collection and return of the bicycle at any of the authorised points.
In the event of an accident, incident or breakdown affecting the mechanical condition of the bicycle, and without prejudice to the obligation to notify the service, the bicycle shall remain under the user’s responsibility until it is properly returned or made available to authorised personnel.
The user shall be solely responsible for any damage or loss that they may suffer or cause to third parties or to any movable or immovable property through the normal or abnormal use of the bicycle rental service.
18. Data protection
Users’ personal data shall be processed electronically solely for the purpose of managing their relationship with Ontinyent City Council and/or the service operator as a result of registration and use of the bicycle rental service.
Users may exercise their rights of objection, access, rectification, erasure, restriction and portability, as well as any other rights recognised by the applicable regulations, in accordance with Regulation (EU) 2016/679 on personal data protection and all other applicable legislation.
By registering for the service, the user expressly provides the required data, which shall be processed confidentially and solely for the purpose of managing the service.
The user assumes that all data provided are accurate and accepts the conditions of these terms and conditions and the municipal regulation.
19. Sanctioning regime: general principles
The applicable sanctioning regime is governed by the rules and principles contained in Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations; Law 40/2015, of 1 October, on the Legal Regime of the Public Sector; and Title XI of Law 7/1985, of 2 April, regulating the Bases of Local Government.
20. Infringements
Any breach of the obligations, prohibitions and conditions of use of the service established in these terms and conditions, in the municipal regulation and in the applicable regulations shall constitute an administrative infringement.
Infringements are classified as minor, serious and very serious.
20.1. Minor infringements
The following are minor infringements:
a) Exceeding the bicycle return time by up to 24 hours or returning it outside the service operating hours.
b) Intentional acts of minor damage of any kind, including dirt, to the facilities and elements that make up the service. Damage shall be considered minor when the cost of restoration is equal to or less than 200 euros, as assessed by the competent technical staff.
c) Improper parking of the bicycle, as well as incorrect return in a way that does not ensure its anti-theft security.
d) Failure to protect the bicycle from possible damage, loss or theft until it is returned to a rental or return point.
e) Failure to file a report for theft or robbery of the bicycle with the state security forces and failure to provide a copy to the service.
f) Failure to notify the service of any incident or accident occurring during use of the bicycle when it causes damage to third parties.
g) Using another user’s data to access the service.
h) Failure to notify the service of changes to data.
i) Carrying out any of the actions prohibited in these terms and conditions or any other breach of the regulation not expressly classified as serious or very serious.
20.2. Serious infringements
The following are serious infringements:
a) Exceeding the bicycle return time by more than 24 hours.
b) Using the bicycle outside the municipal area of Ontinyent.
c) Intentionally causing damage to the facilities and elements that make up the service where the assessment carried out by the competent technical staff is greater than 200 euros and less than 500 euros.
d) Any breach provided for in municipal ordinances or applicable regulations that is considered a serious offence.
e) Repeated commission of two minor offences within a twelve-month period.
20.3. Very serious infringements
The following are very serious infringements:
a) Intentionally causing damage to the facilities and elements that make up the service where the assessment carried out by the competent technical staff is greater than 500 euros or prevents the normal operation of the service.
b) Providing false data to the service.
c) Using the bicycle for profit-making purposes.
d) Unjustified abandonment of the bicycle.
e) Exceeding the bicycle usage time limit on more than five occasions within one year.
f) Repeated commission of two serious offences within a twelve-month period.
g) Preventing another person or other persons entitled to use a public service from doing so.
h) Preventing or seriously and significantly obstructing the normal operation of a public service.
21. Competent body and sanctioning procedure
The Mayor, or the councillor to whom this power is delegated, shall be the competent body for imposing the sanctions provided for in these terms and conditions and in the municipal regulation.
The imposition of sanctions and the enforcement of responsibilities shall be carried out through the corresponding sanctioning proceedings, in accordance with the procedure established in the legislation governing sanctioning procedures.
22. Sanctions
Infringements shall give rise to the following sanctions:
Minor infringements shall be sanctioned with a fine of up to 750 euros and temporary disqualification from accessing the service for a period of four months.
Serious infringements shall be sanctioned with a fine of up to 1,500 euros and temporary disqualification from the service for a period of six months.
Very serious infringements shall be sanctioned with a fine of up to 3,000 euros and disqualification from being a user of the service for two years.
23. Graduation of sanctions
Sanctions shall be graduated taking into account the circumstances of the person responsible, the degree of fault, repetition, participation and unlawful benefit obtained, the degree of damage caused or the danger posed to the integrity of the different elements of the system or to people.
The willingness of the person who committed the infringement to repair the damage caused may be taken into account as a mitigating or aggravating circumstance.
24. Restoration of damage caused
Without prejudice to any criminal or administrative sanction imposed, those who commit infringements shall be obliged to restore things to their previous condition before the infringement, in the manner and under the conditions established by the sanctioning body.
The limitation period for infringements and sanctions does not affect the obligation to restore things to their original condition or to compensate for the damage and losses caused.
25. Economic benefit
If the amount of the financial sanction is lower than the unlawful benefit obtained by the person committing the infringement, the limit of the fine provided for in the municipal regulation may be exceeded until the amount of the unlawful benefit obtained is reached.
The unlawful benefit shall be assessed in accordance with market values and prices.
26. Limitation periods
Very serious infringements shall expire after three years, serious infringements after two years and minor infringements after six months.
Sanctions imposed for very serious offences shall expire after three years, sanctions imposed for serious offences after two years and sanctions imposed for minor offences after one year.
The limitation period for infringements shall begin to run from the day on which the infringement is committed or from the day on which the City Council becomes aware of the infringement.
The limitation period shall be interrupted by the initiation, with the knowledge of the interested person, of the sanctioning procedure. The limitation period shall resume if the sanctioning file remains inactive for more than one month for reasons not attributable to the presumed responsible person.
27. Development, interpretation and application of the service
The Local Government Board is empowered to issue the instructions necessary for the development, interpretation and application of the municipal regulation, as well as to make any modification to the operating characteristics of the system, such as the expansion or removal of stations or changes to their location, the service hours, the conditions for registration and deregistration, the conditions for accessing system information and the registration or deregistration procedure.
28. Repealing provision
All municipal provisions of equal or lower rank that conflict with the provisions of the municipal regulation governing the electric bicycle rental service of Ontinyent are repealed.
29. Entry into force
The municipal regulation entered into force after its publication in the Official Gazette of the Province of Valencia and once the period provided for in Article 65.2 of Law 7/1985, of 2 April, regulating the Bases of Local Government, had elapsed.
30. Acceptance of the conditions
Registration for, access to or use of the ONTIBICI service implies that the user declares that they have read, understood and accepted these terms and conditions, the municipal regulation governing the service and the applicable regulations.
In the event of any contradiction between these terms and conditions and the officially published municipal regulation, the text of the municipal regulation and the applicable regulations in force shall prevail.