General Terms

Article 1 – Description of services

1. E-BLUE is a bicycle sharing service with electric support, with charging stations, in reserved areas, with subscription to the service or use of a bicycle, made available by the Municipality of Angra do Heroísmo, through the application (hereinafter referred to as APP ) available on the Apple Store and Google Store, and all information about the same service is also patented on the https://eblue.pt/ website (hereinafter referred to as the Website).

2. These General Terms of Access and Use of the (GTAUS)govern the provision of services to natural persons (USER) under the conditions established below.

Article 2 – Definitions

For the purposes of these GTAUS, it is considered:

«USER» – subscribers and users of E-BLUE, in the terms set out in article 4;
«Subscription»: means the subscription subscribed by the USER within the scope of the service, as defined in article 4, as well as on the Site or APP;
«Account»: refers to the account created by the USER in the APP;
«Session»: refers to the period of use of the bicycle by the USER, starting with unlocking the bicycle at the station of origin and ending when the USER ends the trip, that is, the bicycle is locked at a E-BLUE station and closed in the APP;
«Customer Service»: refers to E-BLUE’s customer service, which can be contacted by the USER for any queries related to the services, through the “Contact Us” sections of the Site or the APP, through the email e-blue@cmhorta.pt, or by post, to the following address: Edifício dos Paços do Conselho, Largo de Ávila e Bolama, 9900-141, Horta;
«Smartphone»: designates a mobile phone with a touch screen, camera, and functions equivalent to a laptop computer. Within the scope of E-BLUE, the smartphone used by the USER must work with one of the following operating systems: Android (version 5.4 or higher) or IOS (version 11 or higher);
« Bicycle»: refers to a two-wheeled vehicle with electric motor assistance, whose engine capacity is activated by a circular movement of the USER’s legs, and made available within the scope of the E-BLUE project as part of the service;
«Station»: refers to the mandatory parking area for bicycles, which allows the USER to complete the trip. Outside this perimeter, the USER can take a break, but cannot end the trip. In the event of a break or parking outside the installed stations, the journey continues, as well as the corresponding payment.

Article 3 – Contract information

1. The Services offered byE-BLUE are described in these GTAUS, on the Site and in the APP.

2. When using a bicycle, USERS must comply with the GTAUS, with the information on the bicycles, and information from the APP for account creation and rental process. This set of conditions constitutes the contract (hereinafter the Contract) that binds E-BLUE to the USER once his Account has been created.

3. Any use of the Services by the USER, following the processes described in article 6, is equivalent to the full acceptance of the GTAUS by the USER.

4. The USER expressly waives the use of his own purchase conditions or other conditions, validating the terms of the Contract as part of the process of creating and validating his Account.

5. The GTAUS prevail over any other general or specific terms of sale or purchase of the USER that are not expressly accepted by E-BLUE.

6. The GTAUS apply to any use of the Services by a USER and are permanently available on the Site and in the APP.

7. The USER is informed that the mere fact of using the Services implies total and unreserved acceptance of all the stipulations provided in the GTAUS. The USER acknowledges that he is fully informed and agrees with the content of the GTAUS, and with the waiver of the handwritten or electronic signature of the document.

Article 4 – Functionalities and contractual conditions

1. E-BLUE allows the USER, after creating an Account in the APP and validating his subscription, to use a bicycle in accordance with these GTAUS.

2. E-BLUE is an unlimited self-service bicycle rental service with reserved parking areas, allowing the collection and return of bicycles in one of these areas.

3. The bicycle is equipped with a bluetooth lock that is unlocked using the APP and mechanically locks, allowing the USER to pick up and return a bicycle.

4. The rental of a bicycle can be done in the following ways:

Separate, with a rent charged by the time spent (by minutes of use);
By subscribing to a monthly, semi-annual or annual Subscription;

5. In the case of rental in the modality provided for in paragraph a) of the previous number, the usage sessions are charged per minute of non-binding use, with an initial fixed value of €1 and a cost of €0.05 /minute (starting minute), after 30 minutes, and until the end of the trip, with the bike fixed at a E-BLUE station.

6. In the case of renting in the modality provided for in sub-paragraph b), the USER may opt for the following:

Monthly subscription of €5.00, which entitles you to use the bicycle in each rental for the first 30 minutes free of charge, with the following minutes billed at €0.05 /minute (starting minute);
Half-yearly subscription (6 months) for €25.00, which entitles you to use the bicycle in each rental for the first 30 minutes free of charge, with the following minutes being billed at €0.05/minute (starting minute) ;
Annual subscription (12 months) of €45.00, which entitles you to use the bicycle in each rental for the first 30 minutes free of charge, with subsequent minutes billed at the rate of €0.05/ minute (starting minute).

7. The early termination of a Subscription, for example, in the event that the USER’s account is deleted, will not give rise to any refund, even partial, of the subscription price.

8. The permitted contractual amendments are:

Switching from a rental to any Subscription modality;
Switch from a monthly subscription to a semi-annual or annual subscription.

9. In all cases of Subscription change, a pro rate of the period at the time of the change.

10. The USER can rent a bicycle for an unlimited number of Sessions, subject, however, to availability and specific conditions for subscriptions.

11. In the event of a dispute over the time used by the USER, the data issued by the E-BLUE computer server are considered proven unless evidence to the contrary is presented by the USER.

12. E-BLUE is accessible within the limit of bicycles available in its territory, except in cases of temporary breakage, force majeure or the enactment by the competent authorities of total or partial, temporary or permanent, restriction of the supply of bicycles or cyclist traffic of the Service in the territory. E-BLUE will make its best efforts to inform the USER about the conditions of service and availability of bicycles through the APP.

Article 5 – Creation of the E-BLUE account and subscription

1. In order to use the Service, the USER must create an Account by completing the registration form in the APP.

2. For the purpose foreseen in the previous number, the USER must:

Choose the ID (mobile phone number), which will allows to login and access account information;
Insert contact information (name, first name, email);
Accept the GTAUS for using the APP;
Accept the enrollment invitation;
Enter the verification code in the APP;
Set a password;
Confirm the password.

3. For the creation of his Account, the USER is solely responsible for choosing his identity and contact information, including the rights of third parties in relation to identity theft, or intellectual property rights, as well as his password and the maintenance of its confidentiality for all legal and due purposes.

4. If USERS lose or forget any element of their ID, they must contact Customer Service.

5. If the password is lost or forgotten, the USER must follow the procedure indicated via the “forgotten password” hyperlink in the APP. In this context, the USER must indicate his ID (mobile phone number), then a verification code will be sent through the indicated identifier, after which he will be redirected to a page where he will have to insert the previously transmitted verification code and define a new password. The USER will finally have to save this information to activate his new password.

6. To use E-BLUE, the USER must then choose the desired subscription and then provide their bank details, taking into account the following:

Only payments with bank cards from the CB, Visa, MasterCard and American Express networks are accepted, with the exception of prepaid payment cards (hereinafter Cards);
The USER expressly authorizes E-BLUE to debit the amount due under the Subscription and/or other paid use of the Service from the bank card indicated in his Account, as detailed in the GTAUS. In this context, the USER’s credit card details are registered through a STRIPE online payment security system under the terms of article 10;
Access to the Service requires that the USER Account present a valid bank card and sufficient credit.

7. Once the steps defined above have been completed, the USER will be able to view all trips made in the APP, directly in the “My Trips” section.

8. In case of a complaint about one of the trips, the USER will be obliged to provide the corresponding number of the bicycle, as well as the start and end time of the use of the bicycle.

9. Since E-BLUE is not obliged to verify the identity of each USER, it cannot be held responsible for the fraudulent use of payment methods or a USER’s Account.

10.E-BLUE reserves the right to refuse or cancel the creation of an Account or access to the Service to any USER who does not comply with the GTAUS requirements.

11. When creating his Account, the USER enters his mobile phone number (which becomes his ID), name, first name, valid email and chooses a password that must comply with the complexity requirements indicated in the APP.

12. The above ID and password are strictly confidential and for personal use. As a result, the USER undertakes not to disclose them to anyone.

13. The USER is solely responsible for the integration of his Account, assuming that he is responsible for any use of the Services and, more broadly, for all acts carried out from or through his Account.

14. In case of loss, theft or misappropriation of his password, the USER undertakes to notify the Customer Service as soon as he becomes aware of any of these facts.

15. The USER may request the deletion of their APP account at any time. Account deletion will not take effect until the end of any current Session and will terminate any current Subscription, with no possibility of refund for the unused subscription period.

16. E-BLUE, without prejudice to resorting to legal means to recover the total amount sought, may deduct from the credit balance all amounts owed by the USER, within the scope of the respective Contract, and not fully paid on the date of the Account deletion request. .

17. In the event of non-compliance by the USER with the provisions of these GTAUS, E-BLUE reserves the right to delete the Account, unilaterally and without compensation, after notification sent to the USER by email, which remains unanswered by a period of 5 working days from the moment of its dispatch.

18.E-BLUE reserves the right to suspend any new request to create an Account in relation to any USER whose Account has already been excluded for violating the provisions of the GTAUS (especially if the Account was excluded for non-payment without the User having regularized their situation).

19. The exclusion of an Account, for all intents and purposes, results in the removal of the USER’s Subscriptions attached to that Account.

20. The USER has the right to terminate the contract for the use of this Service within a period of 10 working days, counting from the day the Contract is signed, and must communicate this intention formally and unequivocally to E-BLUE, which must be sent before that the termination period expires.

21. In the event of termination of the contract, the USER has the right to be reimbursed for the usage values resulting from charges made and not consumed.

Article 6 – Use of E-BLUE

1. E-BLUE is only accessible from a smartphone through the APP, and the Site only allows access to presentations and information about the Service.

2. To use a bicycle, the USER must have, during the entire rental period (including when returning the bicycle), a smartphone-type mobile phone, as well as internet access in order to install and use the APP.

3. Once the APP has been installed on the smartphone, the Account has been created and the smartphone’s Bluetooth and geolocation features have been activated, the USER will be able to view the bicycles available for rent nearby at E-BLUE stations.

4. When next to the bike, the USER can unlock it through the APP. To do this, the USER will have to click on the “Unlock” button displayed at the bottom of the screen and then point the camera sensor that is equipped with their smartphone at the QR code located on the bicycle or on the padlock on the front of the bicycle. The USER will then have to release the safety cable from the rim to which the bicycle is attached and insert the end into the existing support on the basket. The USER will then be able to use the bicycle.

5. In order to unlock the bicycle, and if the QR code cannot be read successfully for any reason, the USER can choose to manually enter the identification number of the bicycle or the anti-theft device in the APP.

6. To return the bicycle, the USER must leave it at one of the stations marked on the APP. Upon returning, the USER must park the bicycle and secure it with the padlock and the cable in the existing support for this purpose.

7. To end Session, the USER will have to:

close the padlock, moving the security cable through the designated ring in the chosen vacant parking space;
Ending the Session on the APP, the USER will then be asked to take a photo of the bicycle parked and secured, and the Session will be closed on the APP after the USER has finalized the end of the rental. To be valid, the photograph of the USER’s bicycle must meet the following requirements:
1. The photograph must show the safety cable attached to the bicycle station;
1. The photograph must show the identification number of the bicycle, affixed to it;
1. The photograph must clearly display the bicycle.

8. If a bicycle is not parked in the Coverage Area indicated in the APP, the rental will not be completed.

9. If a bicycle is not parked in the vicinity of one of the stations in a parking spot indicated in the APP or if the photograph does not meet any of the conditions for its validation, the USER may be notified, by email or SMS, of not compliance with the bicycle return rules and be subject to penalties.

10. The use of E-BLUE is prohibited for minors under 16, accompanied or not by an adult.

11. E-BLUE is accessible to minors between the ages of 16 and 18, however, the subscription of the Subscription must be done by the legal representative.

12. Thus, and as defined above, the legal representative of any minor enrolled in E-BLUE, will be responsible for any damage caused directly or indirectly by the minor during the use of the Service.

13. USER IDs and passwords are strictly personal, so USERS are prohibited from transmitting them to third parties in order to access E-BLUE.

14. The USER may use the bicycle in accordance with the GTAUS and for private and appropriate use, which specifically excludes:
Any use contrary to the provisions of the applicable traffic regulations, in particular the provisions of the Highway Code;
Any use related to illegal, immoral or contrary to good customs activities;
Any use of the bicycle that could endanger the USER or others, especially under the influence of alcohol or drugs;
Any use on terrain or conditions likely to damage the bicycle;
Any use of the bicycle in a thoughtless or dangerous manner;
Any use of the bicycle by someone other than the USER;
The carriage of any passenger by any means;
The transport of any animal by any means;
The transportation of any illegal or dangerous item/object;
Carrying a load of more than 5 kg in the front basket;
Any disassembly or attempt to disassemble all or part of the bicycle;
Any act or attempt to force, modify or repair the bicycle in any way;
Any incorporation of accessories or other objects on the bicycle;
Any blocking of the bicycle that is not in the manner indicated in the GTAUS or non-blocking;
Any total bicycle load exceeding 120 kg;
In general, any other abnormal use of a bicycle.

15. E-BLUE reserves the right to terminate the USER’s Account without compensation, if it verifies that the USER does not comply with the conditions established in this article, as well as in cases of theft, robbery, vandalism or putting third parties at risk.

Article 7 – Bike breakdowns

The USER must carry out a visual inspection of the bicycle before unlocking it, as provided for in the following article. If the USER discovers a defect after unlocking the bicycle, he must report the problem in the APP.
If the USER discovers a defect while using the Service, he must bring the Bicycle back to one of the stations visible in the APP and block it. Then, the USER must report the problem in the APP.
The USER is prevented from using a bicycle if he identifies a defect that represents a potential risk either for himself, for other USERS of the Service or third parties.

Article 8 – User Responsibilities and Declarations

1. The USER undertakes to make normal and correct use of the Service, committing in particular to using the Services with prudence, diligence and care, and in accordance with the GTAUS and the traffic rules provided for in the Highway Code. .

2. The USER is responsible for the bicycle rented, namely, he must avoid its degradation, destruction or disappearance and he must return it in the same state in which it was found when unlocked at the beginning of the session, with the exception of normal wear and tear resulting from the its use.

3. In the event of finding that the bicycle has been used contrary to the provisions of the GTAUS, the USER undertakes to return the bicycle as soon as possible, namely, when requested by E-BLUE or its representatives.

4. The USER undertakes to report as soon as possible through the APP the loss or theft of the bicycle, or any other problem related to it, immediately after the occurrence of the same, remaining, in any case, the bicycle under his/her responsibility until delivery at the end of the session.

5. The USER is solely responsible for all objects carried when using the Bicycle.

6. The USER is solely responsible for updating his personal data and the harmful consequences that may result from the failure to communicate any changes related to him.

7. The USER declares to be able to use a bicycle, to be at least 16 years old and to have a physical condition adapted to cycling.

8. Since the Bicycle is under the responsibility of the USER, it is recommended that, before using the bicycle, a basic visual check of its main functional elements be carried out, including:

Proper fastening of the saddle, pedals, mudguards and basket;
The proper functioning of the bell, brakes and lighting;
The overall good condition of the frame and tyres.

9. Otherwise, the USER must report any incidents in the APP and not use a bicycle that he considers unsuitable. The USER is also recommended to do the following:

Adapt the braking distance or even give up using the Bicycle in case of bad weather (rain, ice, fog);
Adjust the saddle to adapt its height to their shape;
Wear a certified helmet and appropriate clothing;
Limit the transport of heavy or bulky objects in the front basket of the Bicycle

10. The USER is solely responsible for damage caused by using the bicycle during a session.

11. The legal representatives of any minor enrolled in the Service will be liable for any damage caused directly or indirectly by the minor during the use of the Service.

12. In case of disappearance of the bicycle in use, the USER has the obligation to report this disappearance immediately after verifying the theft, in the APP. Then, E-BLUE will contact him as provided for in these GTAUS. In the event of an accident and/or incident involving the bicycle, the USER has the obligation to report the facts as soon as possible in the APP. The bicycle remains under their responsibility until it is blocked and returned to one of the stations indicated in the APP.

Article 9 – Insurance

1. The use of bicycles is the USER’s sole responsibility, during the period between collection and return. The USER is responsible for damages or losses that he may suffer or cause, in any way, to goods or third parties, during the use of the service or the misuse of the bicycle.

2. If the accident results in any damage to the bicycle, the USER undertakes to communicate this fact immediately to E-BLUE, awaiting the necessary instructions in case it is necessary to collect it.

Article 10 – Financial Conditions

1. The price of the Service includes the price of the Subscription that can be subscribed by the USER and/or the price of its use in the form of sessions that vary according to the respective duration, calculated as indicated in the GTAUS.

2. The applicable prices are shown in the APP and/or on the Site.

3. It is essential that the USER provide a valid bank card and an account with a bank balance that allows the payment of the Services provided for in these GTAUS.

4. To start a session, the USER must have a credit balance on his Account or have subscribed to a Subscription.

5. As provided for in article 5, only BANK cards from the CB, Visa, MasterCard and American Express networks are accepted, excluding prepaid payment cards. In addition, the authorized spending limit must allow E-BLUE to debit the amount corresponding to Subscriptions, Sessions and other costs of any kind related to the Service, including possible deductibles.

6. When creating his Account, the USER agrees and undertakes not to cancel his bank card without providing the details of a new valid bank card, as well as to replace any invalid bank card with a valid bank card, otherwise Account will not allow access to the Service until its regularization.

7. If the amount at the beginning of the Session in the USER’s Account is not enough to pay the price of the Session, E-BLUE will immediately deduct the difference from the USER’s Bank Card.

8. E-BLUE will deduct any amounts attributable to the USER, including costs of any kind, namely those resulting from the loss or theft of the bicycle, by direct debit from the USER’s bank card, which the USER expressly recognizes and accepts with the respective adhesion to the same Service.

9. If the deductions made are not sufficient to recover the full amount of the USER’s responsibility, E-BLUE reserves the right to resort to legal means to recover the total amount owed.

10. E-BLUE uses the services of STRIPE, a specialized company, to guarantee online payments made by bank cards.

11. Payments are made through a secure, PCI-DSS certified payment interface. The service company undertakes to maintain this certification, or any equivalent certification, regardless of a subsequent change in its designation, and is responsible for the security of the data of Bank Card Holders that it collects or, in one way or another, stores, processes or transmits on behalf of the Company.

12. The USER is informed that the provisions relating to the possible fraudulent use of his Bankcard are those arising from the agreement between the USER and the financial institution that issues his Bankcard.

Article 11 – Franchise

1. In case of loss, theft or theft of a bicycle, ,the USER owes E-BLUE the sum of €1,500.00.

2. The amount provided for in the previous number is due in the form of a deductible (hereinafter Franchise), whose payment will be made in accordance with and under the terms provided for in the previous article.

Article 12 – Infractions

The USER is responsible for the violation of traffic regulations, namely, the rules set forth in the Highway Code and other regulatory and complementary legislation, and also for the commission of any criminal, civil or administrative infractions, which occurred during the use of E-BLUE.

Article 13 – Suspension/Termination of Service

1. A Subscription to the Services cannot be terminated by the USER, having been subscribed for a specified period, except in the cases provided for in paragraph 8 of this article.

2. A Subscription may be terminated by E-BLUE in the event of:

Invalid bank card;
Non-payment of any amount due to E-BLUE;
Fraud or misuse of the bicycle, in accordance with article 6.

3. In the cases of termination provided for herein, the USER will be responsible for all costs arising from the use of the Service.

4. In the event of non-compliance by the USER, E-BLUE may terminate a Subscription, within a period of 5 working days, counting from the sending of an e-mail or letter, requesting the USER to rectify the situation.

5. In the case provided for in the previous number, E-BLUE may demand the immediate payment of any amount owed, as well as the retention of any amount for this purpose.

6. E-BLUE reserves the right to recover the amount owed, resorting to judicial means for this purpose.

7. The termination of a Subscription in all cases results in the deletion of the USER Account.

8. E-BLUE reserves the right to refuse any new subscription request for any USER whose Subscription has already been terminated due to non-payment, without verification of its regularization.

8. The USER may terminate, at any time, his Subscription by communicating to E-BLUE, in the cases indicated below and upon delivery of the documentation described below:

Professional change – employer certificate;
Change of the USER’s main residence to another city – residence certificate.

9. The communication foreseen in the previous number must be sent to the email: e-blue@cmhorta.pt. If it takes effect 10 business days before the end of the current calendar month, the termination will take effect on the 1st day of the following calendar month, otherwise the termination will take effect on the 1st day of the month following this one. last.

10. The amounts charged for the period after the date of termination will be refunded, provided that there is no situation of contractual breach by the USER, otherwise the refunds in question can only be made after the resolution of the same breach.

Article 14 – Complaints

1. Any requests for information, clarification or complaints must be addressed to the Customer Service, through the “Contact Us” sections of the Site or the APP, by e-mail e-blue@cmhorta.pt or by post to: Edifício dos Paços do Conselho, Largo de Ávila e Bolama, 9900-141, Horta.

Article 15 – Intellectual Property

1. The Site and the APP are the intellectual property of the Municipality of Angra do Heroísmo, under the legally established terms.

2. The Site and the APP, as a whole and each of the elements that compose them, namely, texts, databases, software, animations, images, photographs, illustrations, diagrams, logos, sounds, music, are the exclusive property of Municipality of Angra do Heroísmo, which is the only authority to assert the intellectual property rights inherent thereto, as well as the specific rights of the database producer. Thus, in accordance with the provisions of the Intellectual Property Code and international conventions, it is prohibited to represent, reproduce, modify, publish, adapt, exploit all or part of the Site or the APP, or its components, in any medium, by any means that is not for the personal and private use of the USER for non-commercial purposes without prior written authorization from the Municipality. Violation of these provisions exposes the USER to the penalties provided for by law without prejudice to civil liability.

3. The trademarks, logos and domain names that appear on the Site and APP are the exclusive property of the Municipality and/or other related companies.

4. Any form of reproduction or use of these trademarks or domain names is prohibited.

5. The creation of hyperlinks to the Site or APP can only be done with the prior written permission of the Municipality, which may be revoked at any time and without compensation.

6. In accordance with this article, the term “Personal Data” refers to any information relating to an identified or identifiable individual who can be identified, directly or indirectly, including by reference to an identifier, namely, the name, number of identification, location data, an online identifier.

7. By creating an Account, the USER agrees with the collection and processing of his Personal Data by E-BLUE or any designated provider, in accordance with all applicable regulations regarding the protection of personal data, which fall within the definition given by the General Regulation of Data Protection (RGPD) and by Law n.º 58/2019, of August 8, including the “Access Data” and the “Usage Data” defined herein.

8. The Municipality is responsible for processing personal data collected as part of the Services.

9. The USER’s Personal Data collected byE-BLUE are strictly necessary for the management and execution of the Services, namely with regard to billing, payment, access to bicycles, and customer service. In this context, the USER accepts that certain information collected may be processed in a country outside the European Union, with E-BLUE taking the appropriate measures to maintain an ideal level of confidentiality and security of the USER’s Personal Data, including requiring that all its subcontractors and suppliers implement any suitable technical and organizational measures, on an ongoing basis, to protect the USER’s Personal Data and provide the same level of protection required by Portuguese and European regulations on personal data.

10. The USER accepts that his Personal Data will be stored, processed and transferred by E-BLUE to its subcontractors or suppliers for the aforementioned purposes, which will only be able to access them in accordance with the applicable legal and regulatory provisions.

Article 16 – Jurisdiction

For the resolution of all disputes arising from the contract, the competence of the Administrative and Tax Court of Ponta Delgada is stipulated, with express waiver of any other.