Welcome to the Tel Aviv-Jaffa bike rental system Tel-O-Fun (Tel-O-Fun or the Service or the Services) operated by FSM City Mobility Ltd. (the Company or We), on behalf of the Tel Aviv-Jaffa Municipality (the Municipality) and the Economic Development Authority for Tel Aviv-Yafo Ltd. (the Authority).
- These terms and conditions include releases, waiver clauses for disputes, risk acceptance, and other clauses which may limit the rights and legal remedies to which you are entitled. You are hereby required to thoroughly review the clauses of these terms and regulations.
- The rental and use of the bicycles are subject to these rules and regulations, including compliance with all of the relevant terms and conditions (to include, without limitation, traffic laws, laws applicable to pedestrians, regulations and legislation of the local authority, and so forth) and the rules as laid out in these terms and conditions (to include, but not only, everything connected with parking and locking of the bicycles). Without detracting from the above, you are required to wear a helmet when using the Service.
- It is forbidden to ride on the sidewalk or in other areas restricted to pedestrians only.
- You must check the soundness and condition of the bicycle before using it. In addition, you must immediately report to the company concerning any bicycle that is defective or damaged via the application or the customer service center of the company.
A. “Bicycle” – the regular bicycle and/or electric bicycle, as the case may be, which the Company makes available to Users of the Services
B.“Electric Bicycle” – a bicycle that is equipped with an auxiliary engine, which includes, inter alia, the bicycle frame, locking system, handlebars, brakes, chain, front and rear axles, wheels and tires, bell, lights, seat, electric locking and activation unit and a global navigation system
C.“Regular Bicycle” – The regular pedal bicycles have three gears, an adjustable seat and are equipped with smart LED bike lights, reflectors, mud guards and a rear rack.
D.The “Application” – a software application which has been developed by the Company and which runs on the Android and iOS operating systems, allowing for registration, login by photographing an identifying credential, means of entering payment, rental of a Bicycle from the Docking Stations and return of the rented Bicycle to the Docking Stations
E.“Terminal Device” – a device that is used by the User for renting a Bicycle through the Application
F.“Subscription” – a subscription for the Service, whether in a single instance, or on a three-month or annual basis
G.“Docking Station” – a specialized station of the Company located throughout the Tel-aviv municipal area, containing, inter alia, a bicycle docking device and terminal which is connected to the Company’s command and control system. Rented Bicycles may be taken from and may be returned to the Docking Stations.
- Opening an account and registering for the Service
After registering and purchasing a subscription through the Website or the Application (including a one-time rental), and before using the Services, you must download the Application to your mobile Device and log into the user account in order to rent a Bicycle.
At the time of registration, You will have to provide identifying information, such as a cell phone number or email address. If You wish to use an Electric Bicycle, You will have to provide a scan or photograph of your identity card, passport and/or driver’s license, etc.
The Company is allowed, at its sole discretion, to demand from time to time that You send your identification documents, and to cancel your registration for the Service if they prove unsatisfactory. You must provide correct, exact and complete information during the registration for the Service, and update the Company immediately in case of any change in your personal information, including information required for payment for the Services.
The user account is for your personal use only. You are not permitted to create more than one user account. You are not permitted to transfer your user account to any third party and/or allow a third party to use your account.
- Who is allowed to use the Services?
Use of a Regular Bicycle
Any person above the age of 16 who has sufficient knowledge, experience and ability to ride a Regular Bicycle, and who is physically competent and capable of making regular, reasonable and safe use of a Regular Bicycle, and who has no medical or other restriction that may prevent the use of a Regular Bicycle, is allowed to use the Regular Bicycle.
Use of an Electric Bicycle
Any person above the age of 16 who fulfills one of the following conditions is allowed to use an Electric Bicycle, subject to the provisions of any law: (1) has been issued a driver’s license (not including a grade 1 driver’s license); (2) has a valid driver’s license (who has passed inter alia a written driving theory test [“theory”] of the Ministry of Transportation); and/or (3) has received certification from the Ministry of Transportation that he/she has passed theoretical training in the use of an Electric Bicycle, has experience and physical competency as required by law, and is familiar with the traffic and road transportation laws, is allowed to use an Electric Bicycle, subject to the provisions of any law.
Without derogating from any provision to the contrary on the subject of the User’s responsibility and exemption from responsibility on the part of the Company, the Principal and any agent thereof, it is clarified that if You provide false information about your age, competency, health condition and any other information, You will bear full, exclusive responsibility for any harm, injury, disability, loss or damage that You and any other party will sustain as a result, and You will be liable for the penalties prescribed in the law for providing false information.
When riding the Bicycle, every User must wear a helmet in accordance with the provisions of the law. The Helmet must be of a standards authority approved model and fulfill all relevant standards and statutory requirements. To avoid all doubt and to be clear the helmet is not supplied by the Company. It is clarified that the use of a helmet and/or other protective equipment does not eliminate the risk of physical injury in the case of an accident, and the risk is assumed by the User only. The User must obey all traffic laws and regulations and provisions of law when riding a Bicycle and is to ride the Bicycle in a careful and correct manner.
The Company is allowed to provide information and/or identify the User before relevant authorities and/or law enforcement agencies if the User has committed an offense or violation of provisions of road transportation laws or applicable statutes, or in the case of it assuming any statutory duty to do so. All costs and all fines imposed on the Company as a result of offenses or fines for which You are responsible will be transferred and forwarded to the User.
- Payment and charge rates
All types ofsubscriptions (not including registration for one-time rental) may be purchased on the Application and on the Website; actual Bicycle rental will be executed through the Application only.
- subscription fee or Bicycle unlocking fee for a one-time rental
- usage fee determined from the time for which the User uses a Bicycle, from its unlocking from the Docking Station to its return and re-locking to a Docking Station.
Charge rates for one-time rental
Unlocking fee for one-time rental ₪ (NIS)
Usage fee – per minute of cycling or part thereof ₪ (NIS)
*Bike release fee for a one-time rental is paid in advance, separately and for each individual rental, regardless of the amount of time the bike is used. Usage charge is in addition to the one-time rental fee according to the amount of time actually used.
Cost of subscriptions
Cost ₪ (NIS)
Cost for Didgitel Card holders (NIS)
Usage fee for subscription holders (three-month and annual)
Cost for Didgitel Usage fee for each minute of cycling or part thereof ₪ (NIS)
It is stressed that the responsibility for registering the User for the Didgitel Card database is assumed by the User, and the discount will be given subject to the updated information on the municipality’s website as given to the Company. The Principal and/or the Company are not responsible in any way for the Digitel Card database, for registration thereto, the currentness of the data, etc. Any disagreement with the User on this, or related to this matter, is to be referred exclusively to the Tel-aviv Municipality.
Return of a Bicycle 24 hours after the time of unlocking (rental start time), in addition to charges for renting the Bicycle for 24 hours; upon imposing this fine, the regular charges for Bicycle use time will be halted.
Return of a Bicycle to a station 48 hours after the time of unlocking (rental start time). This charge is in addition to the charges specified in the previous section.
Any use of a Regular Bicycle exceeding 30 minutes for an annual or three-month subscription will be charged a surcharge in accordance with the cumulative use time (for charge rates by the minute; table 3 in Section 5 above); the calculated use time for the Regular Bicycle for an annual or three-month subscription will be reset if the Bicycle has been returned to a Docking Station for more than 10 consecutive minutes, to the effect that after 10 minutes, the User may use a Bicycle for 30 minutes more at no further cost.
The Company will be permitted to change the charge rates of the subscription fee, the usage fee, the level of the fines and other charges that will apply to the User from time to time, at its sole discretion. A notice of change in the charge rates will be published by the Company on the Website and on the Application.
- Payments and charges
The charge for use of the Bicycle/Services will be made after the rental is finished and the Bicycle returned to the Docking Station. Upon creating a user account and within its credit limit, You will be able to transfer money into the virtual wallet in your login area (the “Credit Account”) in order to make the payments for using the Services. The payment is by credit card only and is contingent on its approval (the “Selected Means of Payment”). The Service may not be paid for using a gift card, cash card or debit card.
You can change the Selected Payment means at any time through the user account. You must use a Selected Payment Means that belongs to You only and/or a payment means that You are permitted to use by law. You must ensure that the information of the Selected Payment Means is current, correct and valid, and inform the Company of any change in the information of the Selected Means of Payment that has been provided.
All charges and payments will be collected through the Selected Means of Payment as entered by You in your account, and following receipt of the payment You will receive a receipt by email. If it is found that the Selected Payment Means of your account has expired, is invalid or cannot be debited, the Company may use a secondary payment means in your account if it is available and/or take action to collect it using any lawful means available to it. Charges and payments that have been made by You are final and nonrefundable, unless otherwise determined by the Company. It is clarified that Users who are in debt will not be permitted to use the Service.
If, and to the extent that, there is a positive balance in the User’s Credit Account, the Company will use this balance for payments that are due, and the Selected Payment Means will be used for any payment or additional payment balance.
The User’s Credit Account balance has no expiration date throughout the term of the agreement. In the case of conclusion of the agreement, all of the balance that is in your Credit Account will be transferred, upon your request, by bank check to your order.
- Bicycle rental
The Bicycle rental time will begin from the time when the Bicycle rental action through the Application and unlocking the relevant Bicycle was initiated, and will end upon returning and correctly locking the Bicycle to the Docking Station.
The Bicycle is intended for private use only. Any commercial use of a Bicycle is strictly prohibited. The User declares that he is aware that only he himself is allowed to ride the Bicycle and that riding together with people other than himself on the Bicycle is strictly prohibited. The User undertakes not to add to the Bicycle a bicycle seat or perform any change to the Bicycle that allows another person to ride on it as a passenger.
Carrying of a load is permitted only in the intended place. The user is aware that carrying a load may affect the User’s stability or cycling safety, and this should only be undertaken when using the front carrying device which is designed to carry lightweight items that do not endanger the User’s stability, safety or surroundings when cycling.
The use of the Services requires an Internet connection (cellular/Wi-Fi connection, etc.) with the mobile device that You use. You assume full responsibility for said connection and for payment to any third party for Internet access.
The quality and availability of the Services may be affected by parties that are not under the Company’s control, such as the Internet connection. Therefore, the Company does not guarantee that the Services or any part thereof will operate, or operate correctly, on any hardware or mobile device.
- Bicycle use instructions
The use of Bicycles is subject to your unqualified acceptance of all of the risks involved in using Bicycles and your familiarity with and understanding of the provisions of law in Israel in relation to their use, operation and riding of Bicycles, including road transportation regulations and rules that refer to the use of Bicycles and riding on bicycle paths/lanes. A Bicycle is not to be used other than for riding purposes.
In accordance with the Road Transportation Ordinance, wearing a helmet while riding an Electric Bicycle is mandatory.
The User is responsible for following all provisions of the Road Transportation Ordinance in relation to the use of the Bicycle. Without derogating from the entirety of the foregoing,
- riding a Bicycle is prohibited unless it is in a good condition and fit for use;
- a Bicycle is to be ridden on the fixed seat connected to the Bicycle only;
- You may not hold onto another moving vehicle and no person is to be towed using a Bicycle;
- a distance is to be maintained from vehicles when cycling, and the User must cycle safely, with attention to pedestrians. Any use that endangers the User or third parties must be avoided;
- only bicycle paths and paved roads designed for cycling in accordance with the provisions of the law may be ridden on;
- the User must ride the Bicycle in accordance with the traffic laws, and inter alia in compliance with road signs and other signage.
Before renting and unlocking the Bicycle, the User is to inspect the serviceability of the Bicycle (brakes, lighting, handle bars, tires, chain, pedals, etc.), and to check that the equipment required on the Bicycle is present in accordance with the provisions of the law (including a bell and reflectors, bike lights during times of darkness, and equipment that is not supplied by the Company but which the user is required to have, such as a helmet), and is to refrain from using the Bicycle if it is either unfit for use or does not comply with statutory requirements. The User is to report to the Company’s service desk (the “Service Desk”) or via the Application of a Bicycle that is unserviceable or possesses any such flaw and/or deficiency. In addition, the User undertakes to adjust the Bicycle’s seat height to the rider’s physical size. No modification to the Bicycle other than adjusting the seat height for the rider is permitted.
In addition, the User is to report immediately to the Service Desk any fault in the Bicycle rental service, including in the Application, in the Docking Stations and/or in Bicycles and/or any other fault and/or accident in which he will be involved in relation to using a Bicycle and/or loss and/or theft of the Bicycle and/or any adverse event.
The User is to return and lock the Bicycle at a Docking Station and is to lock the Bicycle to the Docking Station as required. If the Bicycle is not returned to one of the Docking Stations after 24 hours and locked to the Docking Station as set forth as required, in addition to the payment of fines set forth above, the Company and/or the Principal, or an agent thereof, will be permitted to inform the competent authorities that the Bicycle has been lost or stolen, and/or seize the Bicycle in the event that it is has been located. In such a case, the Company and/or the Principal will be allowed to deny the User any future use of the Service and bring the engagement with him to an early conclusion, for which the User waives any argument.
It is stressed that the rental may not be concluded outside of the Docking Stations. Notwithstanding the foregoing, to the extent that the Docking Station to which the User is interested in returning the Bicycle is full or occupied, the User will be allowed to contact the Company via the Application to get permission and directions for docking by locking it by himself and concluding a rental without locking it to a Docking Station, as long as the Bicycle is locked in the area of the Docking Station in accordance with the Company’s directions in its answer to the request. The Company will be allowed, at its sole discretion, to permit/reject the end of the rental and independent locking as set forth. The User must ensure that the Bicycle has been inserted correctly and locked to the Docking Station.
At the conclusion of use, the User undertakes to return the Bicycle to the Docking Station in the state in which he received it, except for reasonable wear.
The User undertakes to lock the Bicycle when it is not in use and take every measure to protect its integrity and serviceability. To avoid all doubt and to be clear, it is hereby emphasized that the usage fee will also continue to be applied while the Bicycle is stationary or is not being used by the User, including to the extent that the Bicycle is locked independently by the User (should the Company permit such locking), and until the Bicycle is returned and locked as required to the Docking Station.
A lost Bicycle, including theft of the bicycle during rental, is the User’s sole responsibility. In the case of such loss/theft, the User will be charged a sum equal to the maximum fine total (2,500₪ [NIS]).
The use of the Bicycle and everything arising from it is under the User’s sole responsibility. The Services do not include insurance of any type, and the Company is not responsible for insuring the use of the Bicycle.
The Company and/or the Principal and/or any agent thereof has and will have no liability for any damage of any type or kind which will be sustained by the User and/or any other person or their property, which arises from or is related, directly or indirectly, to Tel-O-Fun and/or the Bicycle and/or the use thereof.
The User alone will bear the full, exclusive and absolute responsibility for damage of any type or kind which will be sustained by any property or person, including the User himself, in relation to or arising from the use of the Service, including due to loss and/or theft of the Bicycle and/or an accident and/or collision and/or injury and/or disability and/or death and/or damage and/or expenses that will be sustained by any third party and/or by the User himself. The User will indemnify the Company and/or the Principal and any agent thereof for any damage and expense that they will sustain in the circumstances above.
The User is exclusively responsible for the serviceability and intactness of the Bicycle and for returning it intact and serviceable at the scheduled time and relocking it as required to the Docking Stations. The User declares that he is aware that he is solely and absolutely responsible for any traffic offense or other criminal offense, and for any tort or action that he commits, in relation to the use of the Bicycle.
The Service is being provided for use as is. The User will have no complaint, claim or demand towards the Company, the Principal or any agent thereof owing to the properties, characteristics or limitations of the Service or its suitability for his needs and requirements.
Without derogating from the foregoing, it is clarified that any claim and/or demand and/or complaint in relation to the Service and/or the use thereof and/or for damage that may be sustained by the User owing to the Service and/or receiving any services in relation to the Bicycle and/or as a result thereof, in any manner, is to be addressed to the Company only; no complaint, claim or demand of any kind on the part of the User and/or any representative thereof is to be addressed to the Principal.
- Risks and no Company or Principal liability
The User accepts all of the risks involved in riding a Bicycle, and finally and irrevocably relieves the Company, the Principal and their agents from any such responsibility. The User declares that he is aware that riding a Bicycle is a dangerous activity that involves risks such as physical injury, property damage, partial or total disability and/or death. The User declares that he is aware that there are unanticipated risks in relation to using the rental service and/or the Services and/or riding the Bicycles, and he accepts all responsibility for any such risks, including risks arising from the negligence of third parties and damage that may be sustained by third parties due to the Use.
If the Company and/or the Principal are required to pay any damages, compensation and/or expenses arising from the causes set forth or any matter related to the use of the Service, including trial expenses and attorney fees, the User undertakes to indemnify all and/or some of them forthwith, to the full amounts that will be demanded by them, or any of them, and that amount will be considered as being a debt that is owed to the Principal and/or to the Company by the User.
- Proprietary rights
The User will have no proprietary rights to the Bicycle and/or the Website and/or the Application and/or the Services. The User declares that he is aware that the Service, including all Bicycles and Docking Stations, and all equipment attendant thereto, is the sole property of the Principal, through the Company.
The Company grants the User a limited, revocable, nonexclusive, nontransferable license to receive access to and use the Services or the content thereof. All of the content appearing or shown in the Services, including but not limited to text, artwork, photographs, pictures, sounds and illustrations is owned by the Company, its licensees and/or its suppliers. The User is not allowed to modify, process, copy, duplicate, reverse engineer, license, create derivative work from, transfer or sell any information that is included in the Services.
- Privacy and secrecy of the information
- Commercial contents
The Company (including the Principal) is allowed, at its discretion, to present at the Docking Station or on the Bicycle itself, on the Website or in the Application and any other part of the Service, commercial and/or other contents, including advertisements and notices. The Company will not bear any liability for contents that will be published as set forth, and it does not check or verify, and is not responsible for, the content or veracity of these publications.
Such a publication is not to be considered as a recommendation, encouragement or opinion of the Company and/or the Principal in relation to the products and contents and does not constitute encouragement to purchase the same.
- Cancellation of transaction
The cancellation of a transaction for purchasing an annual or three-month subscription (“Transaction”) will be carried out in accordance with the provisions of the Consumer Protection Law, 5741-1981 (the “Law”) and the Consumer Protection Regulations (Cancellation of Transaction), 5771-2010 (the “Regulations”). Without derogating from the foregoing, the Transaction will be cancelled in accordance with the following provisions:
The “Transaction Date” – the date on which the Company provided the consumer a document containing the details of the order of a Transaction that has been engaged in (after, or on the date that the transaction was entered into).
Cancellation of a Transaction within the first 14 days from the Transaction Date – cancellation of the Transaction will be effective from the date of communicating the cancellation notice to the Company, and all of the following will apply: (A) the Transaction will be cancelled and the Company will stop providing the Service; (B) within 14 days of receiving the cancellation notice, the proportion of the Transaction price paid by the consumer will be refunded thereto (the consumer will pay for the proportion of the Service that has been provided to him for the Transaction, until the date of notice of cancellation of the Transaction); (C) the future debit (if any) of the consumer will be cancelled, and all within the terms of the Consumer Protection Law and the law.
The User has the duty and responsibility to learn of modifications and/or amendments that will be made as set forth, to the extent made. The Company will be permitted to send users notices concerning such modifications through the various media, including by telephone, email and mail. By receiving and/or using the Services, even on a one-time basis, the user agrees and accepts to receive such messages, to the extent that they are sent, whether by the Company, the Principal or by third parties on their behalf, at their discretion, through any media, without limit, including but not limited to email, automatic voice messages, text messaging, fax, etc.
Without derogating from the right of the Company and/or the Principal to send the users messages as described above, registration for the Service and accepting the option to confirm acceptance to receive advertisements at the time of registration constitutes express consent on the part of the user to receive advertising materials in relation to Tel-O-Fun in accordance with the Communications Law (Telecommunications and Broadcasting), 5768-2008, including by facsimile, automatic dialing system, electronic message or short messaging service. The customer will be allowed at any time to cancel the receipt of advertisements by contacting the Company at its email address appearing on the Contact page of the Tel-O-Fun website or by calling its Principal service at telephone *6070.
No waiver, refrainment from action on time or extension given will be considered as the Company and/or the Principal waiving any of their rights, and they will be permitted to exercise some or all of their rights whenever they see fit.
The User declares that he is aware that the number of Docking Stations and Bicycles that are included in the Service is limited, and is aware that some of them will not be working/available from time to time. In addition, the User is aware that the Docking Stations may not allow Bicycles to be returned due to full occupancy thereof, and/or the taking of Bicycles due to a lack of Bicycles, and that he will have no complaint and/or demand and/or claim against the Company and/or the Principal owing to this.
This document and its provisions exhaust, contain, embody and express all of the covenants between the User and the Principal and/or the Company in relation to the use of the Service.