Terms and Conditions of Access and Use for the BIXI Service

1.1 BIXI Montreal (the “Provider”) providers users with a self-service bike and bike trailer system (the “Service”).

1.2 The Service is implemented by one or several municipality(ies) or organization(s) (any such municipality(ies) or organization(s) directly or indirectly involved in the implementation of the Service, collectively the “City”) and is managed by the Provider.

1.3 These T.C.A.U. govern all access and use of the Service by a user. They are also available online by clicking on “Terms & Conditions” at the bottom of the bixi.com website and then clicking on “Terms & Conditions – BIXI bikes”.

2.1 The Service is comprised of bike stations (“Stations”), which include an automated pay terminal (the “Terminal”) and docking points for bike and bike trailers of the Service (“Bike Docks”), allowing the rental of a bike or bike trailer, their storage and locking.

2.2 The Service allows users to rent a bike or a bike trailer and return it to any of its Stations. The number and location of Stations are subject to change without notice and at the sole discretion of the Provider.

3.1 One-way passes allow the user to borrow a bike without subscribing to the Service, by following the procedure described in Article 10 and paying the usage fees listed in Article 7.

3.2 Trailer access allows the user to borrow a bike trailer for use with his/her personal bike, subject however to the conditions set out in these T.C.A.U., to the procedure described in Article 10 and to payment of the usage fee set out in Article 7.

3.3 One-way access and trailer access are also offered together in the form of a package (the “one-way + trailer access”), which allows the user to borrow a bike and a bike trailer without being a subscriber to the Service, by following the procedure described in Article 10 and paying the usage fees set out in Article 7.

4.1 A membership, which is subject to a membership fee (see Article 4.2 and Article 6), allows the user to borrow a bike by following the procedure described in Article 11 and paying the usage fees listed in Article 8.

4.2 The Service includes several membership types, including:

4.2.1 Seasonal membership, which may be used from April 15 to November 15 of each year (the “Summer Season”), and for which the membership fee is paid by the user once a year in accordance with the terms of these T.C.A.U. (“Seasonal Membership“),

4.2.2 Monthly membership, which may be used throughout the year, and for which the membership fee is paid by the user on a monthly basis in accordance with the terms of these T.C.A.U. (“Monthly Membership” or “Memberships” if referred to collectively with the Seasonal Membership).

4.3 Memberships can be paid for using Visa, Mastercard, and AMEX credit cards (or other brands accepted by the Service Provider), to the exclusion of any other payment method. A valid credit card must be associated with the user’s account at all times.

4.4 Users who wish to purchase a Membership must open an account (by filling out the registration form on the bixi.com website or the BIXI mobile application), accept the terms and conditions of Service use, and enter their credit card information. Membership fees (see Article 6) will be charged to the credit card linked to the account when the user completes the registration form and clicks the “Register” button.

4.5 A user may not hold more than one Membership at the same time. The subscription to a new Membership by a user who already has a current Membership terminates the current Membership. The new Membership comes into effect on the second of the following two dates to occur: (i) the date of purchase of the new Membership, or (ii) the date on which the current Membership ceases to be valid.

4.6 Memberships, the associated personal ID number and the BIXI key (if the user has one) are strictly personal and enable the user to utilize the Service according to the conditions described in these T.C.A.U.

4.7 The Provider may cease to make these Memberships available for sale, at any time and at its sole discretion.

4.8 The user who hold a Membership may also borrow a bike trailer by following the procedure described in Article 11 and paying the related fees as per Article 8.6.

5.1 The bixi.com site and the BIXI mobile application allow the user to create a user account. As indicated in Article 4.3, the creation of such an account is required if the User wishes to purchase a Membership. To create an account, the User must provide his/her name, e-mail address and other personal information. The User agrees not to create or hold more than one User account and to provide the Service Provider with true, current and complete information. The User agrees to update the information provided to the Provider when necessary.

5.2 The User is responsible for maintaining the confidentiality of its password and other identifying information. The User is responsible for all uses and activities that occur under the User’s account (including all transactions and Memberships entered into under the User’s account).

5.3 The User may include Co-Subscribers in his/her account, who will have their own password and will be able to access the section of the User’s account dedicated to them (for example, to view their trips), but they will not be able to modify their Membership or have access to financial information relating to the account. Only the account holder will be able to renew the Memberships of his/her co-members. The Account Holder will be responsible for all uses and activities of its Co-Subscribers, including any charges incurred by them (e.g., loss of a bike by a Co-Subscriber), which will be charged to the Account Holder’s credit card. The User may include Co-Subscribers in his/her account, who will have their own password and will be able to access the section of the User’s account dedicated to them (for example, to view their trips), but they will not be able to modify their Membership or have access to financial information relating to the account. Only the account holder will be able to renew the Memberships of his/her co-members. The Account Holder will be responsible for all uses and activities of its Co-Subscribers, including any charges incurred by them (e.g., loss of a bike or bike trailer by a Co-Subscriber), which will be charged to the Account Holder’s credit card.

5.4 The Provider reserves the right to deactivate any user account or password, without notice, if the Provider determines that the user has failed to comply with these T.C.A.U.

6.1 Fees applicable to each Membership are determined by the Provider at its sole discretion and posted on the bixi.com website at bixi.com/en/pricing.

6.2 Seasonal Membership

     6.2.1 The Seasonal Membership subscription fee is paid by the user once per year. The initial membership fee is charged at the time the Seasonal Membership is purchased (see Article 4.3), and subsequent payments are charged to the credit card associated with the user’s account 48 hours prior to the start of each subsequent Summer Season. The user pays the full membership fee from the first Season onwards, even if he/she purchases the Seasonal Membership after the Season has begun.

     6.2.2 The user may cancel his/her Seasonal Membership, at any time, by visiting his/her personal space on the bixi.com website or, as a second resort, by contacting customer service at 1-514-789-BIXI (2494) (24/7). Membership is terminated at the end of the Season covered by the last payment made before user cancellation in accordance with Article 6.2.2.

6.3 Monthly Membership

     6.3.1 The Monthly Membership subscription fee is paid by the user monthly throughout the year. The initial membership fee is charged at the time the Monthly Membership is purchased (see Article 4.3), and subsequent payments are charged to the credit card associated with the user’s account 48 hours prior to the end of each subsequent 30-day period.

     6.3.2 The user may cancel his/her Monthly Membership, at any time, by visiting his/her personal space on the bixi.com website or, as a second resort, by contacting customer service at 514-789-BIXI (2494) (24/7). Membership is terminated upon the first of the following the end of the 30-day period covered by the last payment made before user cancellation in accordance with Article 6.3.2.

7.1 One-way passes allow the user to borrow a bike for a rental fee determined by the Provider, at its sole discretion, as posted on the bixi.com website at bixi.com/en/pricing. The rental fee may include a flat fee and a per-minute fee. In addition, the rental fee may vary depending on whether the user is renting a regular bike or an electric bike.

7.2 Trailer access allows the User to borrow a bike trailer for a rental fee determined by the Provider, at its sole discretion, and posted on the bixi.com website at the following address bixi.com/en/prices. The rental fee may include a fixed fee and a per-minute fee.

7.3 One-way + trailer access allows the user to borrow a bike and a bike trailer for a rental fee determined by the Provider, at its sole discretion, and posted on the bixi.com website, at the following address bixi.com/en/prices. The rental fee may include a fixed fee and a per-minute fee.

7.4 With respect to the application of Articles 7.1, 7.2 and 7.3, any minute of Service use begun will be billed in full.

7.5 Preauthorization and Payment of Sums Due:

7.5.1 In all cases, the user acknowledges and agrees that, for each access pass, a $100 preauthorization per bike or bike trailer will be held on the user’s credit card and that said preauthorization may take a certain amount of time to be released (in accordance with the policies of his/her banking institution). For greater clarity, in the case of one-way access + trailer, a pre-authorization of $200 will be held on the user’s credit card, i.e. $100 for the bike and $100 for the bike trailer.

7.5.2 The amount owed by the user is paid at the end of the Permitted Period of Continuous Use (see Article 9.1), by debiting the credit card used to purchase the Membership. If the Service was used multiple times during the use period, the cumulative amount owed by the user will be charged in one single transaction at the end of the Permitted Period of Continuous Use. If the credit card payment is refused, the amount owed will be directly deducted from the security deposit.

7.6 The user acknowledges and accepts that a preauthorization of $ 0.01 may occasionally be deducted and refunded to the user’s credit card for the purpose of verifying the latter’s validity.

8.1 Membership allows the user to borrow a bike for a per minute rental fee determined by the Provider, at its sole discretion, as posted on the bixi.com website at https://bixi.com/en/pricing. The rental fee may include a flat fee and a per-minute fee. In addition, the rental fee may vary depending on whether the user is renting a regular bike or an electric bike.

8.2 With respect to the application of Article 8.1, any minute of Service use begun (beyond any initial included duration, if applicable) will be billed in full.

8.3 Statement of Chargeable Trips:

8.3.1 The amount owed for chargeable trips (beyond the first 45 minutes for regular bikes and from the first minute for electric-assist bikes) made in each four-week billing period is charged to the credit card associated with the user’s account at the end of each billing period. Notwithstanding the foregoing, if the amount of the user’s paid trips reaches $200 one or several times during the same billing period, this $200 amount will be automatically billed to the credit card associated with the account each time, and any remaining balance will be billed at the end of the billing period.

8.3.2 Each time a payment is made under Article 8.3.1, a statement of chargeable trips for each user will be available in the “BIXI Space” section of the bixi.com website.

8.3.3 In the event of a payment discrepancy, the user must provide the corresponding trip number to help identify the places and times the bike was rented and returned. The receipt obtained in accordance with Article 10.4, which includes the date and time of return, constitutes additional proof of the bike’s proper return.

8.4 The user acknowledges and accepts that a preauthorization of $ 0.01 may occasionally be deducted and refunded to the credit card associated with the user’s account for the purpose of verifying the latter’s validity.

8.5 The Provider may, at its sole discretion, allow a user holding a Membership to rent a certain number of additional bikes (as determined by the Provider, at its sole discretion) when said user rents a bike through the BIXI mobile application, thus allowing the user to invite other persons to join him/her. The rental rate applicable to each of these additional bikes is the rate for one-way pass access (see Article 7). The user acknowledges that he/she is responsible to the Provider for compliance with these T.C.A.U. This includes ensuring the compliance of any person riding the additional bikes, particularly in cases involving damage to a bike or exceedance of the Permitted Period of Continuous Use (see Articles 9.1 and 13.5).

8.6 The Provider allows the user who hold a Membership to borrow a bike trailer by choosing the “Group ride” option available through the BIXI mobile application, subject to payment of a rental fee determined by the Provider, at its sole discretion, and posted on the bixi.com website, at the following address bixi.com/en/prices. The rental fee may include a flat fee and a per-minute fee. For the purposes of the application of this article 8.6, any minute of Service use begun (beyond any initial duration included, if applicable) is billed in full. The flat fee, where applicable, is billed immediately to the credit card associated with the user’s account, and the per-minute usage fee payable by the user is debited from the credit card associated with the user’s account at the end of the Permitted Period of Continuous Use (Cf. Article 9.1). In the event of multiple use of the Service during the period of use, the cumulative amount due by the user will be the subject of a single debit operation at the end of the Permitted Period of Continuous Use.

9.1 Use of the Service is limited to a period of 24 consecutive hours, beginning at the time of the bike’s or bike trailer’s removal from the Bike Dock (“Permitted Period of Continuous Use”).

9.2 The data generated by the Service’s computer system will indicate and serve as proof of the length of time that the user had the bike or bike trailer in his/her possession.

9.3 The Service is generally available 7 days a week, 24 hours a day. The Provider reserves the right to suspend the Service as it deems necessary, at its sole discretion, for example in the event of severe weather conditions or conditions that may compromise the safety of its employees and equipment. No refund will be granted in the event of suspension of service.

9.4 The Service is accessible within the limits of the bikes or bike trailers available at each Station and the Provider does not issue any guarantee in this regard. Users may check the Terminal or the BIXI mobile application to verify the number of bikes, bike trailers and Bike Docks available at nearby Stations.

10.1 Terms and Conditions of Service Use

10.1.1 Users who wish to obtain one-way passes, trailer accesses or one-way + trailer accesses must accept the Terms and Conditions of Service Use and enter their credit card information via the BIXI mobile application or, if this option is available, at the Terminal. Credit card payment is not available at all Terminals.

10.1.2 The user scans the QR code of the chosen bike or bike trailer using the BIXI application or, if this option is available, enters the 5-digit unlock code, displayed on the pay station screen or on his/her BIXI pass, on the Bike Dock keypad. When the light on the Bike Dock turns green, the user may remove the bike or bike trailer.

10.1.3 The user who has obtained an unlock code has 5 minutes to enter his/her 5-digit unlock code on the Bike Dock keypad, then has 15 seconds to remove the bike or bike trailer (the light will be yellow after the user has scanned the bike’s or bike trailer’s QR code or entered his/her 5-digit unlock code and validation is pending, then it turns green and flashes when the code has been accepted; an audible signal is also emitted when the light turns green). Otherwise, the Bike Dock will lock again, and the user will have to repeat the procedure described in Article 10.1.1.

10.1.4 To return the bike or bike trailer, the user must lock it into an available Bike Dock. An audible signal is emitted, and the light will go from yellow to green, confirming that the bike or bike trailer has been locked in place. If a red light appears and the Bike Dock emits a long noise, the bike or bike trailer has not been properly locked. The absence of a green light and an accompanying audible signal also indicates that the bike or bike trailer is not properly locked in place. The user must then repeat the procedure. Users are responsible for any bikes or bike trailers that have not been properly locked.

10.2 Bike Dock Malfunctions

If the light on the Bike Dock remains red and the bike or bike trailer cannot be returned, the user must return the bike or bike trailer to another available Bike Dock.

10.3 Bike Dock Unavailability

When returning a bike or bike trailer, users benefit from an additional 15-minute time credit when no Bike Docks are available at the Station of their choice. Users must select the “time credit” option on the Terminal screen and insert their credit card for identification purposes. This option may only be repeated twice (each attempt must take place at a different Station) and is not available via the BIXI mobile application. This service is free of charge to users.

10.4 Obtaining a Receipt

At Terminals where this option is available, users have the option of printing out a receipt, confirming that the bike or bike trailer has been properly returned. The location, date, and time of return will be indicated on the receipt. Users must use their credit card to identify themselves at the Terminal. Users may opt to print out a receipt that confirms the details of their last 10 trips at any time within the rental period. Users who have purchased their access passes via the BIXI mobile application may consult their trip details on said application or in the “BIXI Space” section of the bixi.com website.

11.1 Terms and Conditions of Service Use

     11.1.1 The user rents a bike or a bike trailer using the BIXI mobile application or, if this option is available, by inserting the credit card associated with his/her account into the Terminal in order to obtain a 5-digit unlocking code. Users who have obtained an unlocking code have 5 minutes to enter it on the Bike Dock’s keypad. Users with a BIXI key can also rent a bike or a bike trailer by inserting their BIXI key into the Bike Dock reader. Credit card rental is not available at all Terminals.

     11.1.2 Once the bike’s or bike trailer’s QR code has been scanned or the BIXI key has been inserted into the Bike Dock reader slot, the user has 15 seconds to remove a bike or bike trailer (the light will be yellow pending rental validation and will turn green when the bike or bike trailer is ready for removal; an audible signal is also emitted when the light turns green). Otherwise, the Bike Dock will lock again, and the user will have to repeat the procedure described in Article 11.1.1.

     11.1.3 To return the bike, the user must lock it into an available Bike Dock. An audible signal is emitted, and the light will go from yellow to green, confirming that the bike has been locked in place. If a red light appears and the Bike Dock emits a long noise, the bike has not been properly locked. The absence of a green light and an accompanying audible signal also indicates that the bike has not been properly returned. The user must then repeat the procedure. Users are responsible for any bikes that have not been properly locked.

11.2 Bike Dock Malfunctions

If the light on the Bike Dock remains red and the bike cannot be returned, the user must return the bike to another available Bike Dock.

11.3 Bike Dock Unavailability

When returning a bike or bike trailer, users benefit from an additional 15-minute time credit when no Bike Docks are available at the Station of their choice. The user must choose the “time credit” option on the Terminal screen and insert the credit card associated with his/her account or enter the 7-digit number of his/her BIXI key on the Terminal screen. This option may only be repeated twice (each attempt must take place at a different Station) and is not available via the BIXI mobile application. This service is free of charge to users.

11.4 Obtaining a Receipt

At Terminals where this option is available, users have the option of printing out a receipt, confirming that the bike or bike trailer has been properly returned. The date and time of return will be indicated on the receipt. The user must identify himself/herself at the Terminal by inserting his/her credit card or by entering the 7-digit number of his/her BIXI key on the screen. Users may opt to print out a receipt that confirms the details of their last 10 trips at any time within the rental period. Users may consult their trip details on the BIXI mobile application or in the “BIXI Space” section of the bixi.com website.

11.5 Subsequent Use

The Service may only be used for another consecutive period after a 1-minute wait.

11.6 Lost or Damaged BIXI Keys

A BIXI key that has been lost or rendered unusable by the user may be replaced at the latter’s request, upon payment of a lump sum of $15 to be charged to the user’s BIXI account.

11.7 BIXI Key Ownership and Transfer

The user’s BIXI key remains the property of the Provider and may not be transferred to anyone, in any manner whatsoever.

11.8 Lost BIXI Keys

Should a user lose his/her key, he/she must contact BIXI customer service to request key deactivation. Otherwise, any rentals made with the lost key are the user’s responsibility.

12.1 While under no obligation to do so, the Provider may propose promotional offers applicable to the Service. To the fullest extent permitted by applicable law, the Provider, at its sole discretion, will determine the terms and conditions applicable to promotional offers.

12.2 The terms and conditions applicable to such offers will be detailed on the bixi.com website or by another means of communication made available by the Provider.

13.1 The user agrees to utilize the Service in a responsible manner, for the purposes for which it is intended, and in accordance with these T.C.A.U. Furthermore, the user undertakes to act in good faith and not to commit any fraud when using the Service.

13.2 The User agrees to behave in a respectful manner at all times in all interactions with the Provider, its employees and representatives.

13.3 The User agrees to pay the fees related to the use of the Service as soon as they are invoiced by the Provider.

13.4 The user agrees to utilize the bike or bike trailer, as applicable, in a responsible manner, which excludes (without limitation):

13.4.1 Any use that is contrary to the provisions of applicable road traffic regulations and, more particularly, to the provisions of the Highway Safety Code;

13.4.2 Any use on terrain or in conditions likely to damage the bike or bike trailer;

13.4.3 Any use of the bike that endangers the user or third parties, including transporting any passenger in any manner whatsoever;

13.4.4 Any dismantling or attempt to dismantle the bike or bike trailer, including theft of the bike or bike trailer or any part thereof;

13.4.5 And more generally, any improper use of the bike or bike trailer.

13.5 The user agrees not to exceed the maximum load that the bike can support. This load is 120 kg for the bike and 8 kg for the basket.

13.6 The user agrees not to exceed the maximum load that the bike trailer can support. This load is 50 kg.

13.7 The user agrees never to lock a bike or bike trailer using a lock or any other device external to the Service. In the event of a breach of this article, the Service Provider may destroy any such lock or other device without any liability on its part.

13.8 The user is responsible for the bikes that he/she removes from the Bike Dock. The user must take every possible precaution to prevent the bike from being lost, damaged, or destroyed.

13.9 The user agrees to return the bike or bike trailer in good condition, to the exclusion of normal use, and to return it within the Permitted Period of Continuous Use. He/she agrees that any breach of this obligation will result in the payment of a penalty to the Provider, the exact amount of which is stipulated in Article 18.1 of these T.C.A.U.

13.10 The user agrees to immediately return the bike or bike trailer upon the Provider’s request.

13.11 Users who hold a Membership agree to use their account (and their BIXI key should they have one) only to identify themselves at a Station or vis-à-vis the Provider and to borrow a bike or bike trailer. Users who have purchased a one-way access pass agree that they will only use their BIXI pass to rent a bike or bike trailer. Users who hold a trailer access agree to use their access only to borrow a bike trailer. Users who hold a one-way + trailer access agree to use their access only to borrow a bike and a bike trailer.

13.12 The user agrees to report any problems related to the use of the BIXI pass, BIXI key, and/or bike or bike trailer to the Provider as soon as possible (within 24 hours at the latest). To do so, he/she must contact the Provider at 1-514-789-BIXI (2494). The user remains fully and entirely responsible for the bike or bike trailer until it is either secured in a Bike Dock or delivered into the hands of a Provider Representative.

14.1 Without limiting the application or scope of any other terms and conditions specified herein, the following supplemental conditions apply specifically to e-bike use:

     14.1.1 The user declares that he/she is aware of the hazards associated with e-bike use and acknowledges that he/she uses the e-bike at his/her own risk and liability. The user entirely exonerates the following persons from any liability whatsoever: the Provider and its partners, agents, content providers, service providers, employees, officers, directors, and representatives (“Provider Representatives”), as well the City and its elected officials, employees, officers, directors, principals, partners, and representatives (“City Representatives”). The Provider, Provider Representatives, City, and City Representatives are hereinafter collectively referred to as the “Indemnified Parties”.

     14.1.2 The Indemnified Parties are in no way liable for any damages suffered by the user or any third party. The user is solely and exclusively responsible for any bodily injury or property damage, suffered by said user or a third party, as a result of e-bike use. Without limiting the generality of the foregoing, the user waives the right to pursue all remedies, claims, demands, lawsuits, and/or other types of legal action against the Indemnified Parties and agrees to indemnify, protect, and hold the Indemnified Parties harmless from and against any and all remedies, claims, demands, lawsuits, and/or other types of legal action brought by any person as a result of such damages connected to the use of an e-bike.

     14.1.3 The user must adhere to the provisions of the Highway Safety Code applicable to e-bikes, specifically the requirements to (a) wear a compliant helmet, (b) respect the 32 km/h speed limit, (c) be at least 14 years of age, (d) hold the required licence (minimum class 6D) if the user is between 14 and 17 years of age (inclusive), and (e) refrain from riding on highways or their access ramps.

14.2 As regards the helmet, the user acknowledges that:

     14.2.1 Wearing a compliant protective helmet is mandatory (see Article 14.2.3).

     14.2.2 The helmet must be made of a hard shell, have internal padding, and be equipped with a strap that fastens under the chin.

     14.2.3 To be compliant, the helmet must meet one or more of the following standards:

• CAN/CSA-D113.2 (Canadian Standards Association)
• 16 CFR Part 1203 (United States Consumer Product Safety Commission)
• ASTM F1447 ou ASTM F1898 (American Society for Testing and Materials)
• EN 1078 (Comité européen de normalisation)
• B-90 et B-95 (Snell Memorial Foundation)

     14.2.4 In addition to being illegal, a bike helmet that does not meet one of these standards may not provide adequate protection.

     14.2.5 In the event of non-compliance, the user risks serious injury or even death, in addition to fines of $60 to $100 per infraction.

14.3 The motor may be manually deactivated, if necessary, particularly in the event of an emergency. Simply press the start button on top of the stem, in the centre of the handlebars, and hold it down for 5 seconds. The start button emits a flashing blue light when the motor is turned off. There is no need to turn the motor off after each use; it stops automatically after 5 minutes of non-use.

15.1 Without limiting the application and scope of all provisions set forth in these T.C.A.U., the following conditions apply specifically to the use of bike trailers, in addition to the other provisions set forth in these T.C.A.U.:

15.1.1 The use of a bike trailer with any bike other than a BIXI bike is permitted only if that bike is in good working condition, including its brakes. The user is solely responsible for ensuring that the bike is in good working condition, including its brakes. Since the Provider cannot guarantee the condition of the user’s personal bike on which the trailer is installed, including the braking system of said bike, the user releases the Provider from any liability for damages arising from the condition of the user’s personal bike and for any consequences related to extended braking distance. The user acknowledges and agrees that any use of a bike trailer with a bike other than a BIXI bike is at their own risk. Under no circumstances shall BIXI be held liable for any damage whatsoever, including any damage to the bike itself, resulting from the use of a bike trailer with such a personal bike.

15.1.2 The use of a bike trailer with any bike other than a BIXI bike is permitted only if the rear wheel of that bike has a maximum diameter of 635 mm (28 inches). The user is solely responsible for ensuring that the diameter of the rear wheel of their bike complies with this requirement. Since the Provider cannot guarantee the diameter of the rear wheel of the bike on which the trailer is installed by the user, the user releases the Provider from any liability arising from the use of a bike with a rear wheel diameter exceeding the specified measurement.

15.1.3 The bike trailer may only be installed on a bike or an electric bike and under no circumstances may it be installed on a tandem bike, scooter, motorcycle, motor vehicle, or any other equipment or means of transportation.

15.1.4 The bike trailer hitch is designed for a seat post with a circumference of 31.6 mm (i.e., the seat post size of BIXI bikes). To use the bike trailer with a personal bike that has a smaller seat post, an adapter is required and must be obtained separately by the user (generally available at bike shops).

15.1.5 The user agrees that using the trailer with a bike equipped with a rear rack is not recommended, and that any such use is at their sole risk. The user releases the Provider from all liability in this regard.

15.1.6 The user agrees to use the bike trailer in a safe manner, in particular by complying with the following guidelines:

• Respect the maximum load capacity of the bike trailer, as outlined in Section 13.6;
• Properly distribute the weight of items in the trailer, placing the heaviest items at the bottom and toward the front of the trailer wheels;
• Secure the load in the trailer to prevent any shifting while riding;
• Load and unload the bike trailer on flat ground;
• Do not place any item in the trailer that exceeds the width of the trailer;
• Use the trailer’s kickstand with feet only, and not with hands;
• Ride the bike to which the trailer is attached at a maximum speed of 25 km/h;
• Adjust riding behavior, including:
  • Increasing braking distance, as the bike trailer increases stopping distance; and
  • Slowing down before turns, as the trailer may affect the stability of the bike, especially when turning;
• Use the bike trailer only on paved or concrete surfaces; and
• Do not use the trailer during drizzle, freezing rain, strong winds, or if the pavement is icy.

15.1.7 Under no circumstances may the user install or attach a second trailer to the first trailer or to the bike, whether it is a BIXI bike or any other bike.

15.1.8 The bike trailer is equipped with a lock and key. The user is responsible for securing the rented bike trailer to an appropriate rack during use. However, the use of this lock does not release the user from responsibility for the trailer, including in the event of theft. The user agrees that using the lock does not stop the rental time or billing. Only proper locking of the trailer to a Station terminates the user’s responsibility for the bike trailer.

15.1.9 It is strictly prohibited to transport any persons, including children, or animals in the bike trailer. The user acknowledges that such use of the trailer carries risks of death or serious injury and releases the Provider from all liability in this regard.

15.2 The user agrees to follow the Provider’s instructions for installing the trailer on the applicable bike, whether it is a BIXI bike or another bike, as outlined below as well as in the BIXI mobile application and on the website bixi.com:

15.2.1 Once the bike trailer has been unlocked in accordance with Article 10 or Article 11, the user must remove the trailer from the Bollard by using the handle.

15.2.2 The user must check that the lock is in the “open” position and fully lift the rotating arm.

15.2.3 The user must secure the rotating arm by lifting the crank, pushing it to the left, and then lowering it to lock it in place.

15.2.4 The user must attach the trailer to the bike by inserting the hitch under the bike’s seat post, tightening the screw, and then lowering the lever.

15.2.5 The user must add the safety device by securing the strap around the bike’s seat post.

15.3 The user agrees to follow the Provider’s instructions for detaching the trailer from the applicable bike, whether it is a BIXI bike or another bike, and for returning it, as outlined below as well as in the BIXI mobile application and on the website bixi.com:

15.3.1 The user must detach the safety device by removing the strap secured around the bike’s seat post.

15.3.2 The user must detach the bike trailer by lifting the lever, unscrewing the bolt, and removing the hitch from under the bike’s seat post.

15.3.3 The user must unlock the rotating arm by lifting the crank, pushing it to the right, and then lowering it.

15.3.4 The user must fully lower the rotating arm so that the triangle reaches the anchor point.

15.3.5 The user must use the trailer’s handle to guide it into the Bollard and wait for the green light indicating that the trailer has been locked in place.

16.1 It is expressly forbidden for the user to permit in any way whatsoever the use, free or otherwise, of the bike, property of the Provider, by any third party whatsoever. Without limiting the scope of the foregoing, the user is prohibited from lending, renting or transferring his BIXI key (if he has one) or his BIXI ticket, property of the Provider, or from using them for purposes that do not comply with the present G.C.A.U. Renting a bike for a guest in accordance with the conditions set forth in Article 8.5 of the present G.C.A.U., when this possibility is offered by the Provider, will not be considered as contravening the present Article 16.1.

16.2 Minors under 14 years of age are prohibited from using the Service, whether they are accompanied or not.

16.3 Access to the Service is open to minors 14 years of age and older. Memberships and one-way access passes for minors must be purchased by their legal guardian and remain under the latter’s responsibility.

17.1 The user is solely and exclusively responsible for any damage incurred as a result of the bike’s or bike trailer’s use, during the entire use period, including time that exceeds the Permitted Period of Continuous Use.

17.2 The parents or legal representatives of any minor who accesses the Service will be liable for any damage directly or indirectly caused by said minor as a result of Service use.

17.3 In the event of an accident and/or incident involving a bike or bike trailer, the user is obligated to report the facts to the Provider, by dialling 1-514-789-BIXI (2494), within 24 hours following the occurrence thereof. The user remains fully and entirely responsible for the bike or bike trailer, until it is either secured in a Bike Dock or delivered into the hands of a Provider Representative. If the bike or bike trailer is not secured to a Bike Dock or delivered by hand, the user must otherwise secure it.

17.4 In the event that a bike or bike trailer under the user’s responsibility disappears, the user is obligated to: report its disappearance to the Provider, by dialling 1-514-789-BIXI (2494) (open 24/7), within 24 hours following the event’s occurrence.

17.5 Any rentals exceeding the Permitted Period of Continuous Use (see Article 9.1) will be deemed to be a disappearance of a bike or bike trailer until such time as the bike is found or returned and could lead to the penalty outlined in Articles 13.5 and 17.1.1.

17.6 The user declares that he/she can ride a bike or a bike with a bike trailer and that his/her physical condition meets the necessary requirements for bike use.

17.7 The user acknowledges that he/she is solely responsible for respecting bike traffic regulations and deciding whether or not to wear a bike helmet for safety purposes, except in the case of e-bike use, in which case helmet use is mandatory (see Article 14).

17.8 The user declares that all information pertaining to him/her is accurate and, more particularly, that he/she meets the conditions set forth in these T.C.A.U.

18.1 Should a user fail to comply with his/her obligations hereunder, the Provider will charge him/her the following fines:

18.1.1 Disappearance of a bike or bike trailer: $1,000 for a regular bike, $2,000 for an electric bike and $1,000 for a bike trailer;

18.1.2 The cost to repair any bike or bike trailer damage attributable to the user: the lump sum amount will be based on the extent of damage incurred, up to a maximum of $1,000 for a regular bike, $2,000 for an electric bike and $1,000 for a bike trailer.

18.2 The total amount of the fine (see Article 18.1) is due upon the Provider’s initial request, once it has been determined that the user is in breach of his/her obligations hereunder.

18.3 If a bike or a bike trailer disappears or is stolen, the amount specified in Article 18.1.1 will not be charged if (i) the bike or a bikeTrailer in question is returned or recovered by the Provider before the end of the calendar year or (ii) the User has demonstrated to the Provider, acting reasonably, that the disappearance or theft was not the result of the User’s own negligence.

19.1 The user agrees to report any change in relationship with the issuer of associated credit card during the Membership validity period, as such changes may affect debit authorizations granted by said issuer. Notwithstanding the foregoing, the user hereby authorizes the Provider to contact his/her credit card issuer in order to update any information needed to charge said credit card.

20.1 Definition. Within the scope of the Service, the Service Provider collects, uses, and discloses certain Personal Information. For the purposes of these Terms of Service, the term “Personal Information” means any information about an identifiable individual or that enables the identification of an individual.

20.2 Collection of Personal Information. The Service Provider collects and has access to the user’s Personal Information in various ways, depending on the user’s use of the Service and whether the user accesses the Service solely through the Station or through the BIXI Website or mobile app. Users may choose not to provide certain Personal Information, but they may then be unable to take advantage of certain features of the Website or the BIXI mobile app, or may be unable to use the Service.

     20.2.1 When the user purchases a one-way pass, a trailer pass, or a one-way + trailer pass at the kiosk (i.e., without a subscription), the Service Provider’s online payment service providers collect certain information from the user, such as payment details (e.g., payment card number, CVV code, and expiration date). The Service Provider does not have access to this information, which is encrypted and processed by the online payment service providers in accordance with the PCI-DSS standard.

     20.2.2 When the user browses the Site or uses the BIXI mobile app, the Service Provider collects information related to the user’s devices, such as the user’s IP address (see Section 20.4 below).

     20.2.3 When a user creates a user account through the Website or the applicable BIXI mobile app, the Service Provider collects the user’s name, email address, phone number, date of birth, and gender directly from the user.

     20.2.4 When a user purchases a Membership, the Service Provider collects additional Personal Information directly from the user, such as the user’s home address. When the user purchases a Membership or completes any other transaction via the Website or the BIXI mobile app, the Service Provider’s online payment service providers also collect certain additional information from the user, such as payment details (e.g., payment card number, CVV code, and expiration date). The Provider does not have access to this information, which is encrypted and used by the online payment service providers in accordance with the PCI-DSS standard.

     20.2.5 If the user enables the geolocation feature on their mobile device—which can be enabled when downloading the BIXI mobile app or later through the user’s mobile device settings—the Service Provider collects geolocation data, such as the user’s geographic location, in order to inform the user of Stations located near their current location. If the user disables the geolocation feature on their mobile device, they will not be able to access the Service.

     20.2.6 If the user uses the Service, the Provider also collects data regarding the user’s use of BIXI bikes and bike trailers, such as the routes taken, the Stations used, the time and frequency of Service use, the rental status of bikes or bike trailers, as well as billing information from the user’s account. The Provider may also infer or generate, based on this information and other information related to the user’s account, certain details about the user’s use of the Service, such as the recency of their use, the frequency of their trips, the monetary value associated with their use of the Service, and their status as a member or user of the Service (e.g., monthly member, seasonal member, or occasional user).

     20.2.7 When the user is on the premises of one of the Service Stations, video surveillance systems may be in operation. Signs are generally posted at the Stations to inform users of the presence of such systems. In this context, the Service Provider may capture images of the user using these video recording systems, but only for the purposes set forth herein.

     20.2.8 In addition, if the user contacts the Service Provider for any reason or subscribes to the Service Provider’s newsletters, the Service Provider collects the Personal Information that the user chooses to provide to the Service Provider at that time.

To the extent possible, the Service Provider obtains the user’s Personal Information directly from the user. However, the Service Provider may collect or access the user’s Personal Information from third parties when the user consents or when permitted by law.

20.3 Purposes of Collection and Use. The Service Provider uses the user’s Personal Information for the following purposes:

     20.3.1 Provide the Service and the features of the Website and the BIXI mobile app to the user, including the ability to locate the Provider’s Stations,bikes and bike trailers;

     20.3.2 Identify the user’s location in order to provide the Service to the user;

     20.3.3 Monitor, locate, maintain, and prevent theft of the Service Provider’s bikes and bike trailers;

     20.3.4 Improve the quality of the Services, the Website, the BIXI mobile app, or their features;

     20.3.5 Create a user account and keep it active (to allow the user to conduct transactions and purchase Memberships, if applicable, as well as to maintain a history of their trips);

     20.3.6 Make payments for Service Memberships or other transactions conducted through a BIXI Station, the Website, or the BIXI mobile app;

     20.3.7 Communicate with the user regarding their user account and provide customer service when necessary;

     20.3.8 Verify that the user’s use of the Service or the features of the BIXI mobile app complies with the terms;

     20.3.9 When the user has given consent, send the user the Service Provider’s newsletters, including personalized newsletters;

     20.3.10 Customize the Provider’s newsletters and other electronic communications, when the user has consented to such customization or when permitted by law, in particular by taking into account certain information related to the user’s use of the Service, such as the stations the user accesses most frequently, the user’s Service usage history, the user’s status, or the type of membership held;

     20.3.11 Create, internally, user groups, segments, or audiences based on certain Personal Information, including Personal Information related to the user’s use of the Service and their relationship with BIXI, such as the recency of their use, the frequency of their trips, the monetary amount associated with their use of the Service, their status as a subscriber to the Provider’s newsletters, or their status as a user of the Service, in order to better understand the habits and preferences of Service users, personalize the Provider’s communications, and deliver targeted and personalized advertisements;

     20.3.12 Communicate with the user in response to a message or request from the user and follow up on it;

     20.3.13 Contact the user regarding a drawing or contest in which he or she has chosen to participate;

     20.3.14 Where permitted by law, to contact the user by email or other electronic means to offer or promote a Membership to the Service or other products, services, contests, benefits, or initiatives of the Provider, particularly if the user has been a subscriber to the Service or has used the Service within the last two years;

     20.3.15 Contact the user for any other reason, provided the user has consented or to the extent permitted by law;

     20.3.16 Display targeted and personalized ads;

     20.3.17 Use the user’s date of birth so that the Service Provider can ensure that certain promotional communications, including those related to certain partners, are not sent to minors;

     20.3.18 Ensure the security of the Service Provider’s Stations, bikes, and bike trailers using a video surveillance system, including to continuously monitor certain facilities, detect unusual or suspicious behavior, and respond in the event of an incident;

     20.3.19 Defend and assert its rights; and

     20.3.20 Any other purpose that the Service Provider identifies from time to time and that is permitted by law or for which the Service Provider obtains specific consent from the user.

In certain cases, the activities described above may constitute profiling, which is the use of certain Personal Information to assess certain aspects of an individual—including their preferences, interests, or consumption habits or patterns of use of the Service—with the aim, in particular, of personalizing communications or delivering targeted advertisements.

20.4 Cookies. When the user browses the Site or uses the BIXI mobile app, the Service Provider collects certain information through cookies and other tracking technologies (collectively, “cookies”). The cookies used by the Service Provider do not necessarily, on their own, collect information that directly identifies the user, but they may be associated with the user or the user’s device depending on the settings the user chooses and the consents the user provides. Specifically, the Service Provider uses the following cookies:

     20.4.1 Essential cookies: These cookies are essential for the operation of the Website and the BIXI mobile app and cannot be disabled in the Service Provider’s systems. These cookies must be present for the Website and the BIXI mobile app to provide basic functions, such as logging in.

     20.4.2 Functional cookies: These cookies enable the Service Provider to offer improved functionality and personalization. These cookies allow the Website and the BIXI mobile app to remember the user’s preferences and choices (for example, their language preference). Users can disable these cookies by changing the settings on their browser or mobile device. However, if users refuse these cookies, their browsing experience on the Site or their use of the BIXI mobile app may be affected.

     20.4.3 Analytical cookies: The Service Provider uses Google Analytics and Hotjar to collect information about the user’s use of the Site or the BIXI mobile app (for example, the pages the user visits most often and any error messages the user may receive). This information is used for statistical purposes and to improve the efficiency and functionality of the Site and the BIXI mobile app. The user can disable these cookies by downloading this plugin (for Google Analytics) and visiting this page (for Hotjar).

     20.4.4 Social media cookies: If the user has given consent, the Service Provider uses social media cookies, such as the Facebook pixel, to provide the user with personalized offers, measure and optimize advertising campaigns run on social media platforms, and create audiences for this purpose. The Service Provider also uses cookies that enable social media content-sharing features—particularly on Facebook—to be added to the Website and the BIXI mobile app. Using the share buttons will install a cookie that links the content viewed on the Website or the BIXI mobile app to the user’s account on these social media platforms. To disable these cookies, users are encouraged to review the cookie policies of the relevant social media platforms (in the case of the Meta pixel on Facebook: https://www.facebook.com/privacy/policies/cookies/?entry_point=cookie_policy_redirect&entry=0).

     20.4.5 Advertising cookies: If the user has consented, the Service Provider uses advertising cookies—including those from Meta, Google Ads, Spotify, and TikTok Ads—to collect information about the user’s devices in order to display ads based on topics that interest the user. The Service Provider’s partners may also use these cookies to determine whether the user has viewed or interacted with the advertisements, and they share data with the Service Provider, including statistics on their performance. These cookies can be managed or disabled through the user’s browser cookie settings and the advertising settings on their mobile device.

     20.4.6 If the user would like more information about cookies, they are invited to visit the All About Cookies website or to contact the Service Provider as indicated in Section 20.11.

20.5 Access to Personal Information. Only those Service Provider employees whose duties require it, as well as its partners and service providers (for example, providers of hosting services, online payment services, newsletter distribution services, technology services, or marketing and advertising services) have access to the User’s Personal Information collected by the Service Provider in connection with the use of the Service, the Website, or the BIXI mobile app, to the extent that such access is required for the purposes set forth in Section 20.3 above. When the user has consented or when permitted by law, the Service Provider may also disclose certain Personal Information to social media, content distribution, or digital advertising platforms, such as Meta, Google, TikTok, or Spotify, in particular to create audiences, deliver targeted and personalized advertisements, measure the performance of advertising campaigns, or exclude the user from certain campaigns. Depending on the circumstances, the Personal Information disclosed to these platforms may include identifiers or contact information associated with the user’s account, or information derived from the user’s use of the Service and their relationship with the Provider, which may be disclosed in an encrypted or otherwise protected form. The Service Provider may also make the user’s Personal Information available to other third parties in accordance with applicable law or a court order, or in the event that the Service Provider suspects criminal or illegal activities, such as fraud. The Provider may also disclose the User’s Personal Information to third parties if necessary to protect its assets or enforce its rights, including for the purpose of debt collection.

20.6 Access to Video Surveillance Footage. In connection with the operation of video surveillance systems, the footage captured may be accessible only to a limited number of individuals within the Service Provider whose duties require it, including members of the security team and the dispatch team. The Service Provider may also engage specialized service providers, particularly for the monitoring, analysis, or detection of suspicious behavior, who may have access to the footage to the extent necessary to fulfill their mandate. Under certain circumstances, particularly in the event of an incident, an investigation, or suspicious or illegal activity, the footage may be shared with the relevant authorities, including law enforcement agencies, and, where appropriate, with judicial authorities.

20.7 Protective Measures. Personal Information collected by the Service Provider or to which it has access is kept confidential in accordance with applicable laws regarding the protection of Personal Information. The Service Provider implements reasonable administrative, technical, and physical measures to protect the User’s Personal Information from accidental loss, theft, and any unauthorized access, disclosure, copying, use, or alteration. The Service Provider also implements contractual safeguards with its partners and service providers, under which the latter are required to implement and maintain reasonable administrative, technical, and physical security measures to preserve the security and confidentiality of Personal Information collected under these Terms of Service. Additional security measures are in place for video surveillance systems, including restricted access controls and mechanisms designed to limit access to the footage to authorized individuals only.

20.8 Hosting Location and Transfer Outside Quebec. Personal Information collected by the Service Provider is hosted on secure servers that may be located outside of Quebec, including elsewhere in Canada and the United States. The same applies to the servers of its online payment service providers and certain other partners and service providers, including certain providers of technology, marketing, digital advertising, or electronic communications services. The laws governing the processing of Personal Information may differ in these jurisdictions. However, the Service Provider requires its partners and service providers to commit to protecting Personal Information, as set forth in Section 20.7 above.

20.9 Retention Period. Unless otherwise permitted by applicable law, the Service Provider retains the User’s Personal Information only for as long as necessary to fulfill the purposes set forth in Section 20.3 above and to comply with its legal obligations. Accordingly, the retention period for the User’s Personal Information will vary depending on the purpose for which it was collected and used. After this period, the User’s Personal Information will be securely destroyed or permanently anonymized. The Service Provider may use this anonymized data for serious and legitimate purposes without further notice or consent. Notwithstanding the foregoing, images captured by video surveillance systems are generally retained for a maximum period of ten (10) days, unless they are required in connection with an investigation, an incident, or legal proceedings, in which case they may be retained for a longer period, in accordance with applicable laws.

20.10 User Rights. Under applicable law, the user has certain rights, including the following: (a) the right to request access to the Personal Information that the Service Provider holds about the user; (b) the right to request the correction of any Personal Information held that is inaccurate or incomplete; (c) the right to withdraw consent to the disclosure or use of their Personal Information, under certain circumstances; and (d) the right to obtain, in a structured, commonly used, and machine-readable format, the digitized Personal Information they have provided to the Service Provider or to request that such information be transmitted to another person or entity in that same format. At any time, the user may also withdraw their consent to receive newsletters from the Service Provider by clicking on the unsubscribe link at the bottom of the newsletters. The user may also withdraw, as applicable, their consent to certain uses of their Personal Information for personalization or targeted advertising purposes by modifying the relevant settings on their device, browser, or the BIXI mobile app, or by contacting the Service Provider.

20.11 Service Provider’s Contact Information. The Service Provider has appointed a Personal Information Protection Officer to oversee compliance with its personal information protection practices. To learn more about these practices, to file a complaint regarding them, or to exercise any of the rights described in Section 20.10 above, the user may contact the Service Provider’s Personal Information Protection Officer—that is, its Chief Executive Officer—at the following contact information:

By e-mail : info@bixi.com
By phone : 514-789-BIXI (2494) ou sans frais 1-877-820-2453
By mail : 5945 avenue de Gaspé, Montréal (Québec) H2S 2X4

20.12 External Resources. The Site and the BIXI mobile app may include hyperlinks to websites, content, resources, advertisements, products, or services owned or operated by third parties (the “External Resources”). For the avoidance of doubt, the provisions of Section 20 of these Terms of Use do not apply to the collection, use, or disclosure of Personal Information by such third parties, and the Service Provider is not responsible for such activities. If the user accesses an External Resource, the user is encouraged to review that third party’s privacy policy.

21.1 The user agrees to comply with this T.C.A.U. The user understands and agrees that breach of these T.C.A.U. may result in their termination. No rights or privileges arising from these T.C.A.U. may be assigned by the user to anyone else, in any manner whatsoever.

22.1 The Provider may modify these T.C.A.U., in whole or in part, at any time. Any such modification will be communicated to the user in writing, by electronic means, at least thirty (30) days before taking effect. The notice will present the new or amended article(s), the previous version of the amended article(s), the modification date, and the consumer’s rights in the event that he/she does not accept the modification(s). If modification involves an increase in the user’s obligations or a decrease in the Provider’s obligations, the user may reject the modification and terminate these T.C.A.U., without charge, by sending the Provider a notice to this effect no later than 30 days following the modification’s entry into force. Use of the Service after the modification’s entry into force implies user acceptance of the new or amended T.C.A.U.

23.1 The Provider may at its sole discretion suspend or terminate these T.C.A.U., as well as any Membership issued under these T.C.A.U., by sending the user written notice at least 60 days prior to the date of termination. In addition, the Provider may, in its sole discretion, suspend or terminate these T.C.A.U., including any Membership issued under these T.C.A.U. immediately, without notice any breach by the user of any of its obligations or representations under these T.C.A.U., including fraud, whether actual or suspected by the Provider acting reasonably.

23.2 The user may terminate these T.C.A.U. by cancelling his/her Membership in the manner provided for in Article 6.

Contact information for the Provider (BIXI Montréal):
• Mailing address: 5945, Avenue de Gaspé, Montréal, Québec, H2S 2X4
• Phone: 514-789-BIXI (2494)
1-877-820-2453 (24/7 customer service)
• Fax: 514-633-5688
• Email: info@bixi.com
• Website: bixi.com

25.1 These T.C.A.U. are governed by the laws applicable in the Province of Quebec. Each party hereto irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec and, to the fullest extent permitted by law, to the jurisdiction of those courts located in the judicial district of Montreal.

26.1 The user, as well as any other person or entity, acknowledges that the Provider, Provider Representatives, City, and City Representatives are not liable for any indirect, punitive, exemplary, circumstantial, or special losses or damages (including, without limitation, damages for pain and suffering, emotional distress, or similar damages; business interruption; damage to reputation; loss of information; loss of profits; loss of income, loss of wages; or any other compensation) resulting from Service use, even if the Provider (or any Provider Representative) or the City (or any City Representative) has been informed of the potential for such loss or damage or if such loss or damage was foreseeable.

27.1 The user indemnifies and holds the Indemnified Parties harmless from and against any claims brought by third parties resulting from (a) his/her use of the Service, including—but not limited to—damage to persons or property, personal injury or death caused by the user, (b) any breach of these T.C.A.U. by the user, and/or (c) any breach of these T.C.A.U. by a person using a bike rented by the user pursuant to Article 8.9. The user acknowledges that the Indemnified Parties have no liability in connection to any such claim and agrees to hold the Indemnified Parties harmless from and against any and all resulting losses, damages, judgements, awards, costs, expenses, and legal fees arising out of these T.C.A.U.

28.1 These T.C.A.U. Will enter into force on September 2, 2026.