TERMS AND CONDITIONS FOR PARTICIPATING IN THE BICYCLE LOAN SCHEME
The bicycle loan scheme is designed to promote the use of the bicycle as a means of transport to get to University within the Bicicampus campaign carried out by the Bicicleta Club de Catalunya (BACC), with fiscal number G-62538103 and registered address at C/de la Verneda, 18, 08018 Barcelona, in agreement with the Universitat de Barcelona (UB) and the Universitat Politècnica de Catalunya (UPC) in Barcelona.
Students who are interested in participating should register on the website www.bicicampus.cat between October 16th and November 30th 2007.
ONE - THE AIM OF THE LOAN
The aim of this loan is to promote the use of the bicycle to travel to university and to spread the word about the Bicicampus project and about information and services aimed at the university community, and at the same time encourage the active participation of students in the promotion of the bicycle as a means of transport.
TWO - THE PRIZE
The prize consists of the opportunity to make use of a new urban bicycle during the second semester of the 2007-2008 academic year. The bicycle has all the obligatory features (front and rear lights, rear reflector and bell), security accessories (“D” lock, saddle chain and wheel and saddle locks) and elements to ensure your comfort, (a pannier rack), with regular checks and repairs included (once every 2 months), membership of BACC and an introductory session to urban cycling.
THIRD - PARTICIPATION
The loan is aimed at students of the aforementioned universities, enrolled on diploma, degree, masters or doctorate programmes during the 2007-2008 academic year and who are taking a minimum of 15 credits during the second semester and 10 credits for doctoral programmes. In the case of students who enroll each semester, students who have still not enrolled will be considered to meet the aforementioned requirements as long as they justify this situation before March 1st.
Participants should access the website www.bicicampus.cat between October 16th and November 30th 2007 and register after completing the data requested on the registration form and accepting these terms and conditions. Furthermore, participants will be required to watch a video, answer a question about the video and send the video to 5 colleagues from the UB and/or UPC in Barcelona universities inviting them to participate. The recipients of these messages will only be considered to be participating if they register after completing the registration form available on the website www.bicicampus.cat, accepting the terms and conditions, watching the video, answering the question and sending it to 5 more colleagues.
BACC reserves the right to automatically reject and cancel the registration of any participant if he or she is considered to have inappropriately used the participation forms, with the corresponding cancellation of his or her participation. Inappropriate use is understood as non-compliance with any condition of participation included in these terms and conditions or the sending of the invitation form to fewer than 5 different colleagues.
FOUR - MECHANICS OF SELECTION
The selection will take place from November 30th 2007. BACC will send the details of the first 200 participants who meet the aforementioned requirements to the UB and UPC universities. If there are more than 200 participants, BACC will send the details of the first 200 (120 from the UB and 80 from the UPC) that have managed to achieve the participation of one or more of their colleagues who they have invited to participate. We will take into account firstly those participants that achieved the highest number of colleagues registered, and secondly, the date in which they registered.
The substitutes will replace the winners of the bicycle in the event of incomplete or incorrect identification, non-compliance with the requirements of these terms and conditions or if it is impossible to locate them within 15 days of being contacted.
Only one bicycle will be awarded to each prize-winner.
BACC reserves the right to modify the date and mechanics of the loan in order to guarantee the correct functioning of the bicycle loan campaign. In this case, details will be published on the website with sufficient notice.
FIVE - INFORMING THE WINNERS
An e-mail will be sent to the winners at the e-mail address given on the registration form, informing them that they have obtained the bicycle. The message will be sent during the two months following the closure of the participation period. The winners should confirm acceptance of the bicycle by e-mail or telephone, as well as providing the remaining data required to reserve the bicycle. If this confirmation is not made during the 2 weeks after the e-mail is sent, the winner irrevocably loses the right to the use of the bicycle, and it will be awarded to the substitute.
If the winner does not comply with any of the terms and conditions of this loan or of the terms and conditions that he or she will sign later, the bicycle will be removed from him or her and given to the substitute, who will be equally obliged to meet these terms and conditions.
SIX - CONDITIONS OF THE BICYCLE LOAN
The bicycle being loaned is for personal and non-transferable use and in no event may used for any type of financial gain or compensation.
. BACC, in agreement with the Universitat de Barcelona and the Universitat Politècnica de Catalunya in Barcelona, will loan a bicycle to the winner at a rental cost of 0 euros.
. BACC promises to loan the bicycle during the second semester of the 2007-2008 academic year. BACC will inform the winners of the exact dates. If the winner wishes to return the bicycle before this date, he or she should take the bicycle to BACC's registered address (C/de la Verneda, 18).
. The winner will pay BACC a deposit of 95 euros in the form of a payment to the account number provided. The receipt for the deposit must be presented when collecting the bicycle. This deposit will be returned in full when the bicycle is returned, provided that the latter and its accessories are returned and that the condition of the bicycle corresponds to typical wear and tear, according to BACC criteria.
. The winner will receive a new bicycle and accessories in perfect working order and promises to return it in the same condition once the loan period ends.
. The winner is perfectly capable of using the bicycle loaned and promises to use it in accordance with the basic traffic rules and with the inherent characteristics of the vehicle.
. In general, the winner will be responsible for any damage which could be caused to the bicycle that is loaned to him or her, both through the winner’s use and that of third parties under his or her authorisation. If there is no evidence to the contrary, it will be presumed that third parties use the loaned bicycle within the duration of the loan under the authorisation of the winner. Likewise, the winner promises to take care of the bicycle and make correct and appropriate use of it, at all times respecting applicable traffic rules.
. The Bicicleta Club de Catalunya (BACC) will pay for repairs that are due to the normal use or wear and tear of the bicycle according to the criteria set by its own repair workshop, with a maximum of one check/repair every two months.
Likewise, the Bicicleta Club de Catalunya (BACC) will not pay for repairs due to these incidents made at other establishments.
. The winner will be responsible for paying for:
. Damage caused by inappropriate use or fortuitous circumstances (collisions, falls, blows…), according to the criteria of the workshop.
. The loss of or damage to any of the accessories included in the loan.
. Administrative sanctions due to traffic infractions and other infractions related to the use of the bicycle during the loan period.
. In the event of robbery, theft or loss, the winner will cover the total of the value of the bicycle. The Bicicleta Club de Catalunya (BACC) has the right to retain the deposit in respect of this or to compensate any other obligation not settled by the winner.
. If the bicycle is not returned once the loan period has finished, the participating universities reserve the right to apply sanctions that are considered opportune to the students. Furthermore, BACC can take possession of the bicycle immediately independently of where it is located at the time, without this meaning that BACC waivers the prosecution of legal actions which could legally correspond to it.
. The winner promises to attend an obligatory training session and handover ceremony of the bicycle. If a winner does not attend, he or she could lose the right to the loan of the bicycle and the bicycle will therefore be given to the substitute. The winner must also attend sessions on returning the bicycle and any checking and maintenance requested by the Bicicleta Club de Catalunya (BACC) and/or the Universitat de Barcelona and/or the Universitat Politècnica de Catalunya in Barcelona during the loan period.
. The winner promises to evaluate his or her experience once the loan period is over.
. The winner will allow photographs or short audiovisual reports to be taken during the loan period and will authorise the use of his or her image on the website www.bicicampus.cat as well as any other event related to the campaign.
. BACC reserves the right to cancel the registration of the winner in advance, without prior notice to the winner who does not comply with the conditions of the contract, and can also take immediate possession of the bicycle irrespective of wherever it is located, without this meaning that BACC waivers the prosecution of legal actions which could legally correspond to it and without the user having the right to any type of compensation.
. The legal costs derived from the non-compliance by the winner with the obligations contained in this contract will be paid by the user. Both parties are expressly subject to the jurisdiction and competence of the Courts and Tribunals of Barcelona, with express waiver of any other forum that could correspond to it.
SEVEN - DECLARATION OF VERACITY
The data provided by the participants must be true. In the event that these are found to be false and the participant was a winner, the bicycle would pass to the substitute.
EIGHT - CLAIM PROCEDURES
In participating, the participants accept BACC's terms and conditions and criteria regarding the resolution of any matter derived from this loan.
The claim period finishes once fifteen days have passed after the prize-winner has been informed. Claims will be made in writing addressed to the registered address of BACC.
NINE - DATA PROTECTION
The information provided by the participants of this campaign is voluntary in nature, and has the aim of the creation of a personal database for BACC. This information will only be given to the participating universities with the aim of managing the project – the verification of the data, necessary administration with the students, etc – and, in any event, to the organisations that participate in the campaign with the sole intention of its operation. The association for bicycle users, BACC, will be responsible for data-handling.
TEN - FORCE MAJEURE
BACC does not take responsibility for possible losses, wear, thefts or delays or any other circumstance attributable to the Internet or to third parties which may affect the progress of the period of requesting the bicycle. In no event will BACC be responsible for the services of any other organisation whose participation may be necessary so that the winner can make use of the prize.
BARCELONA, OCTOBER 15th 2007
