Conditions Générales d'Utilisation du site www.bikeexperience.brussels, service d’encadrement à l’apprentissage du vélo en circulation édité par Bruxelles Mobilité. Version mise en ligne le 19/05/2016.

About terms and conditions

These terms and conditions apply to the services offered via the website (02 318 84 07, info@bikeexperience.brussels). The website , which offers a coaching service for cycling in traffic, is published by the Gewestelijke Overheidsdienst Brussel, Brussel Mobiliteit ("Brussel Mobiliteit"), address: CCN (station Brussels North), floor 1.5, Vooruitgangsstraat 80 in 1035 Brussels, Belgium (0800 94 001, brusselmobiliteit@gob.brussels). The website is hosted by the Centrum voor Informatica van het Brussels Hoofdstedelijk Gewest ("CIBG"), Kunstlaan 21, 1000 Brussels, Belgium (www.cibg.brussels).

Scope and definitions

Definitions for these terms and conditions:

  • ”Brussel Mobiliteit" – the government body that publishes the website; www.bikeexperience.brussels, which aims to offer a coaching service for cycling in traffic;
  • "Pro Velo" – the organisation responsible for user management, contents of the website, training and bike rental;
  • "Organisers" – Brussel Mobiliteit and/or Pro Velo;
  • "Website" - www.bikeexperience.brussels;
  • "SMW" – social media websites which can be used for registration purposes;
  • "Social media account" – an account on a social media platform (particularly Facebook) opened by a user;
  • "Content" – any e-texts, graphs, images, music, software, audio, video, information or other elements;
  • "SMW content" – content placed and saved by the member on his/her social media account;
  • "Member content" – any content that the members post, download, publish, offer, transfer or add to the website;
  • "Coach" – a natural person who offers via the website to accompany another natural person during bicycle trips in traffic, preferably at the beginning of a Bike Experience term;
  • "Biker" – a natural person who has accepted the offer to receive coaching during bicycle trips in traffic and who promises to use a bicycle during the full term of a Bike Experience;
  • "Trips" – the moments during which the coach has accepted to accompany the biker, totalling three trips there and back, with a timing agreed between the two;
  • ''User'' – all the natural persons visiting the website, inter alia the members who have a user account
  • ''User account'' – the account that has to be created in order to become a member and to have access to the services offered by the website;
  • ''Member'' – the Biker or Coach who has accepted these terms and conditions and who uses the website as Biker or Coach. The members are the only ones to decide whether or not an accompanied trip will take place.
  • "Service'' – any service offered to members via the website: training, bike rental, coaching, etc.;
  • "Training" – the mandatory theoretical and practical sessions that Bikers (Training for Bikers) and Coaches (Training for Coaches) have to take before they can start their joint trips;
  • "Rent" – the possibility for Bikers to reserve a bike from Pro Velo vzw and use it for free during the Training for bikers and at a reduced rate during the Bike Experience;
  • "Coaching" – the fact that a Coach accompanies a Biker for trips by bike during Bike Experience;
  • "Bike Experience" – a term of two weeks in which the Biker shall use a bicycle for one of his/her regular routes and in which the Coach shall accompany and coach the Biker, preferably during the first days;
  • "T&C" – these terms and conditions.

Online acceptance of the terms and conditions

Any person visiting and using the website www.bikeexperience.brussels (''the user'') shall accept the terms and conditions of that website.

During the registration process, the user must tick the box ''I accept the terms and conditions of the website and the service offered''. Only after having accepted the T&C do members get access to the services offered on the website. Members must accept the T&C completely and unconditionally, and hence cannot choose to have only part of the T&C applied to them, or to opt-out of parts of them.

When a member does not respect the T&C or part thereof, the organisers may decide to block his/her access to the website and user account temporarily or permanently.

Open a user account via social media

The member can register on the website by logging in to his/her account in a SMW. The website's setup allows members to link their user account to their social media account, either: (i) by passing on the login data of their social media account to the organisers via the website, or (ii) by granting the organisers access to their social media account in accordance with the conditions governing the use of any social media account. The member declares to be entitled to pass on the login data of his/her social media account to the organisers or to granting access to his/her social media account to the organisers (in particular for the purposes described in these terms and conditions), without prejudice to the conditions applicable to the use of the social media account in question, free of charge for the organisers and without any limitations of use that could be imposed upon the organisers by this third party service provider. Granting permission to the organisers to access a social media account implies that the organisers may consult, make available and save any SMW content posted and saved by the member on his/her social media account in such a way that it is available on and via the website via his/her user account and the profile page of his/her user account. Unless otherwise indicated in these terms and conditions, all SMW content may be regarded as user content with a view to the enforcement of these terms and conditions. Depending on the social media accounts chosen by the member and the privacy parameters used by the member for these social media accounts, personal data published by the member on his/her social media accounts may be available on and via the user account on the website. If a social media account or a linked service becomes unavailable or when the organisers' access to this social media account is cancelled by the third party service provider, the SMW content will no longer be available on and via the website. The relationship between members and the third party service providers who have entered into an agreement about social media accounts is exclusively governed by those agreements. The organisers may never consult the SMW content, including for the purposes of checking if it is correct, legitimate or fake, and the organisers decline any responsibility for the SMW content.

Changes to these terms and conditions, choice of court and applicable law

These terms and conditions can, at any time, be changed by the organisers. The general conditions for use applicable to the use of www.bikeexperience.brussels are those that are available and published on www.bikeexperience.brussels on the date of consultation of the website. Invalidity or nullity of any clause in these terms and conditions does not affect the validity of all the other clauses in these terms and conditions.

These terms and conditions fall under Belgian law. Any dispute can only be settled by courts in Brussels.

Use of the website

Rights and obligations for the users

The information and the tools contained in the website can only be used for personal purposes by the users, in a normal and reasonable manner for the objectives that they have been designed for.

User account

In order to register and use the online services offered by the organisers, any member has first to create a user account, by providing the personal data that are indispensable in order to bring people into contact in an efficient manner (particularly surname, name, age, phone number and email address). Members have to be at least 18 years of age at the time of registration.

Members are requested to provide the mandatory data as clearly as possible in order to be allowed to use the website and the services therein. If elements are missing, or are implausible in the view of the organisers, this may lead to a refusal of the registration.

The organisers can in no case be held responsible for incorrect or false information provided by the members.

The member agrees not to open additional user accounts in his/her own name or in the name of a third party, other than the one originally registered. The member must request explicit and specific permission from the organisers in case of any deviation from this rule. If a member does open additional user accounts in his/her own name or in the name of a third party without having been granted permission by the organisers, this may lead to immediate closure of the member's user accounts and all the services linked to them.

The service

Training

In order to have high quality coaching sessions, the members have to undertake training before they form a Biker-Coach duo. The members agree to learn and respect the traffic rules and safety precautions that are discussed during the theoretical part of the training. Members are asked to choose a training date in their user account.

A Coach who was trained during a previous edition of Bike Experience does not have to take the training again, provided they are able to prove that they informed Pro Velo via  info@bikeexperience.brussels about this past training experience.

As soon as a member has taken the training, they will not be able to choose another training date. Every member is trained only once.

The organisers are free to cancel a training session at any time and for any reason. The members will be informed as soon as possible of the cancellation, in writing or by phone. It is not possible to register for training less than 48 hours before the event.

The members agree to be present and actively participate in the training for which they have registered. In case of absence, improper behaviour, or when the trainer concludes that the member is not suitable to coach or to be coached during Bike Experience as set out by the organisers, the organisers may block or delete the respective user account. The member will be informed beforehand.

Bike rental

Any Biker can use a Pro Velo bike, free of charge, specifically for the day of the training. A Biker can rent a bike for the full term of the Bike Experience from Pro Velo at a reduced rate. Bikes have to be reserved in advance by using the form in the Bikers' user account. Pro Velo will provide a bike subject to availability and the signing of a rental agreement. Bikers, who rent a bike for more than a day, pay a 150 euros cash deposit to Pro Velo. Here you can read the general conditions applicable to a bike rental agreement at Pro Velo.

Coaching during Bike Experience

Members can accept or decline the offer to form a duo with another member. (Reasons to decline could be that the suggested route is too far off the normal route, or that it is too complex,...).  The decision has to be communicated via the user account. The organisers have set the maximal detour route for a Coach in order to accompany a Biker at two kilometres (aerial view). The organisers cannot be held liable if a member chooses to team up and use a route that the member considers to be too long or not suitable. The organisers cannot be held liable in the event that cooperation between members in a duo does not work out.

Once a Coach or a Biker has entered into contract with another member, they agree to complete the Bike Experience. If one of them does not want to continue, they inform the other member as soon as possible via their user account.

Coaches agree to accompany the Biker on a purely voluntary basis: they will not receive any remuneration. Bikers agree to respect the Coach's volunteer work by not asking for more than can reasonably be expected for the chosen route (for example, no extreme detours, no transport of goods or people, lack of respect for traffic rules, lack of punctuality or too many unnecessary stops along the way...).

The organisers provide the website, where members can get in touch for free in order to organise the routes or their duo (date, time, etc.). Last-minute changes or cancellations are entirely the responsibility of the members. As mentioned before, the organisers do not interfere with the relationship between the members and cannot be held responsible in any way with regard to the mutual obligations of the duo.

Insurance

Specific insurance is not necessary to participate in the Bike Experience training and coaching. Members ride their bicycles at their own risk and it is not mandatory to have insurance for riding a bike. However, insurance is available (more information).

Liability

On www.bikeexperience.brussels

The organisers provide a website with specific functionalities and information for the users, within the remit of these terms and conditions. The users are aware that most of the information, data, instruments and functionalities on the website can only be accessed by members of www.bikeexperience.brussels.

The organisers can decide at any given time to change the website, its functionalities, instruments and information, and do not have to explain or justify this to users of the website. The organisers do not have the obligation to continue offering the products and services on the website: they can decide at any given time to change or delete the products and services offered on the website without having to justify this vis-a-vis the users of the website. (redundant) The user is personally accountable for the use of the website and the information contained therein.

The organisers decline any responsibility in case of interruption or bad functioning of the website. The organisers also decline any responsibility in case of damage, which could be caused directly or indirectly to the users as a result of access to or use of the website, particularly in case of damage to their computer or IT-systems caused by viruses which could not be detected or prevented, even though precautionary measures have been taken.

The organisers cannot control and cannot be held liable for third party websites, accessible to the users via possible 'hyperlinks' on the website, nor for their contents or information, or the rules applicable to those other websites. The organisers merely offer 'hyperlinks' for the users' comfort, but they have not checked, tested or verified the information and software available on those other websites. The fact that 'hyperlinks' are added in order to facilitate access to other websites must in no way be interpreted as a suggestion or approval by the organisers from the information available on that other website. The user uses these hyperlinks at their own risk and the organisers can hence not be held responsible for any damage caused by the use of these hyperlinks. Neither can the organisers be held responsible for hyperlinks included in those third party websites.

As part of Bike Experience

Since the cooperation in a Bike Experience is the result of an agreement between a Coach and a Biker, the users of the website act fully at their own risk. The fact that a route is proposed by the Coach and accepted by the Biker does not make the organisers liable in any way, because the website of the organisers offers matchmaking only.

More specifically, the organisers cannot be held liable for any damage that may have arisen because of:

  • wrong information by the Coach about the route and modalities of the trip;
  • cancellation of the trip by the Coach or the Biker;
  • fraudulent behaviour, misconduct or errors on the part of the Coach or the Biker before, during or after the trip.

The organisers are, hence, in no way liable for accidents or damage with a direct or indirect link with the training or trips that Coach and Biker cycle together in the context of Bike Experience. No claim can be formulated against the organisers because of this campaign. The Coach is not liable either for claims, accidents or damage suffered by his/her Biker, with a direct or indirect link to the trips cycled as part of Bike Experience.

Processing of personal data of the users and contents of the website

Privacy protection

The organisers guarantee that the privacy of the members will be strictly respected. Personal data about the members, especially as regards their identity, home address, personal status and personal actions, will be stored in one or more databases of the organisers in compliance with the applicable Belgian legislation. In accordance with the law on privacy protection the customer is informed that the 'data processor' is Pro Velo, Londenstraat/rue de Londres 15, 1050 Brussel/Bruxelles.

By accepting these terms, the user grants permission to the organisers to register and process his/her data for administrative purposes, for managing the user accounts, for managing the operations, for controlling the legality of the activity and preventing irregularities, for the compilation of statistical data and for testing purposes. Unless stated otherwise by the member, the organisers may also use the data to inform the member of other services. Member data may also be used by the organisers to promote commercial offers from third parties, however the organisers may not pass on the member's data to third parties.

The user acknowledges and, if necessary, accepts the possibility for the organisers, according to the applicable law, to communicate information elements or documents about the users, their user accounts and their general operations to judicial or administrative authorities. According to the law of 8 December 1992 about privacy protection the member has the right to access and correct the data registered in the organisers' database, as well as the right to ask for his/her name to be deleted. The member is free at any time to object to the use of his/her personal data.

For further information about the organisers' privacy policy, please email info@bikeexperience.brussels

The protection of your personal data

The protection of members' personal data is a top priority for the organisers of www.bikeexperience.brussels. The data are stored on servers with restricted access. If important information is transferred to the internet, the SSL protocol (Secure Socket Layer) is used for encryption.

However, information on the internet is never completely secured, and hence the organisers cannot guarantee that the data transfer is always safe and  completely protected against hackers. Internal data are shared by means of a secure server and are stored in protected databases. The organisers strive to do their utmost to keep members' personal data safe, and in particular to avoid that they are changed or damaged or communicated to non-authorized third parties.

The organisers can outsource some of the services in their name (for example the hosting of the websites?). The organisers transfer to those firms only the personal data necessary to accomplish the assigned task. The firms are not allowed to use these data for any other purposes.

Updating of personal data

The member has the obligation to update his/her personal data when necessary. Moreover, the member must make sure that his/her personal data are correct, complete and unambiguous. The member may at any time consult his/her user account, by accessing the website with login and password, to see all the personal data made available to the organisers.

Property rights, in particular intellectual property

Users of the website acknowledge that the information, images and data distributed via the website, in whatever form, are and remain property of the organisers, and they agree not to publish, distribute, use, change, reproduce wholly or partly, in whatever form of by whatever means, except after having received previous explicit permission in writing from the organisers. This clause covers the website's contents as well as aspects such as form, presentation, structure and ''look and feel''.

The trade marks, patented or not, and names and logos from the website are exclusive property of the organisers and may not be used nor reproduced.

No single element of this website may be interpreted as a cession of property rights, in particular intellectual property rights, to the users of the website.

Use of cookies

Cookies are small data files that most websites leave behind on the hard disk of a user, in order to recognize the user when he or she visits the website again. www.bikeexperience.brussels uses cookies too, to recognize users when they visit the website. The cookies store information pertaining to the user's latest visit to the website, for example the language selection. Recognition of the user makes it possible to adapt his/her visit to his/her personal preferences, which means that less time will be needed to visit the website. The information saved by the ''cookies'' is also processed by the organisers in order to collect statistical data about the people who visit the website, and to improve the website.

If the user does not want cookies to be saved on their hard disk, they can programme their browser in such a way that cookies do not have access to the hard disk. However, in such a case the organisers cannot guarantee that the website will function correctly. Alternatively, the user can chose to delete any cookies saved on their hard disk after each visit to the website.