In case of any discrepancies, the Bulgarian version of these Terms and Conditions is considered legally binding.

1. Subject

1.1. These Terms and Conditions govern the true relationship between the registered users of CYRCL, later on referred to as ‘tenant’ and Cyrcl Mobility OOD, UIC: 206347796, registered address in Sofia, Ovcha Kupel district, 46A Narodno Horo Str., represented by Asen Danailov Yankov, Enriko Orlinov Marinov and Simona Kamenova Yoncheva, phone: +359 896 755 556, email: info@cyrcl.eu as an operator (also called ‘CYRCL’ below).

1.2. The CYRCL service is intended to cover short and medium-term transportation needs within the designated area. The area in question can be found on the CYRCL mobile application. The service is provided through the technical means expressed in the CYRCL mobile app – for opening, unlocking, locking, renting a bicycle, payment, etc., as well as the website www.cyrcl.eu, collectively referred to as ‘the platform’.

1.3. CYRCL provides short term use of bicycles adapted to urban terrain. The proper use of the vehicles is based on the following conditions:

2. Tenants
   
   Tenants, for the purpose of these Terms and Conditions, are people who are authorised to conclude rental contracts for the bicycles owned by Cyrcl Mobility OOD. Tenants must be:
   
   2.1. Individuals who are of age 16 or above.
   
   2.2. Individuals who have provided their up-to-date information on the CYRCL platform.
   
   2.3. Individuals who have registered a valid payment method – a bank card, through their account on the platform. The payment card used for payment of the service, must be valid, and must contains a sufficient amount of funds to pay for the current/ongoing rental session;
   
   2.4. Individuals who are are able and capable of operating a bicycle; have not ingested any drugs, alcohol, or any medication that may affect their ability to operate the bicycle.
   
   2.5. Individuals who have legal access to a personal smartphone with Internet connection. All users are strictly prohibited from allowing third parties’ access to operate CYRCL bicycles, even in the case of the third party being registered with CYRCL. In the event of a violation, the participant agrees to pay a penalty, as described later in the Penalties section of these Terms and Conditions.
3. Reservation
   
   The CYRCL vehicles shown on the map in the mobile application can be reserved for a duration of up to 15 minutes. CYRCL keeps the right to refuse or cancel a reservation if the operating bicycles are insufficient to fulfil said request.
   
   
4. Lease and timeframes
   
   4.1. In rare and exceptional cases, the actual location of the bicycle may deviate from the displayed location due to interferences in the GPS signal. CYRCL assumes no liability in these cases.
   
   4.2. The rental agreement is considered concluded and agreed upon as soon as the participant uses the ‘Reserve’ or ‘Unlock’ buttons in the CYRCL mobile app. The rental period begins after as soon as the rental agreement is considered concluded and agreed upon, and ends when the tenant has correctly and fully completed the rental process.
   
   4.3. If the vehicle has not been opened by the tenant within 5 minutes of signing the contract by pressing the ‘Unlock’ button, CYRCL reserves the right to lock the scooter again to prevent damage and theft.
   
   4.4. The CYRCL bicycles can be rented for a maximum period of 24 hours. All exceptional cases must be agreed upon with CYRCL in writing prior to hire.
   
   
5. Starting and cycling
   
   5.1. The tenant is obliged to inspect the CYRCL vehicle for any visible defects, damage and contamination prior to use, and, if necessary, to report them to the CYRCL contact lines specified in the mobile application menu. The signal must be provided to CYRCL before commencement of the journey. The participant must provide complete and reliable information. If travel safety appears to be compromised, the use of the CYRCL bicycle is prohibited until its repair by the service team.

5.2. in the event of an issue, interruption of use, an incident, and to determine the cause of irregularities in the process of use, the CYRCL service team is entitled to contact the tenant via the personal mobile number provided upon registration. In addition, the CYRCL team is entitled to prohibit the continued use of the CYRCL bicycle if there is reason to suspect that it was in breach of the rental agreement.

6. Termination of rent
   
   Upon termination of the lease, the tenant is obliged to:
   
   6.1. Park the CYRCL bicycle (ie, on its stand, on a level surface) correctly and according to local traffic laws and regulations within the service area. Any violation of traffic rules, or any penalties imposed by the owner of the area shall be paid by the participant.
   
   6.2. Parking in special areas (loading areas, parking spaces for disabled people, etc.) is prohibited regardless of the length of parking. If the incorrectly parked bicycle needs to be removed forcibly by authorities or third parties, the tenant is responsible for all consequent expenses.
   
   6.3. Not to terminate the hire of CYRCL in private or corporate premises.The CYRCL vehicle must always be accessible and free of obstacles to anyone who wants to rent it;
   
   6.4. Ensure that no waste or pollutants remain in and on the vehicle, and in and on the basket in front;
   
   6.5. The rental process can only be terminated if the CYRCL bicycle is inside the CYRCL service zone. The range of the service zone is visible to the tenant through the mobile app at all times.
   
   6.6. The rental process can only be terminated if mobile telephone connection can be established at the location of the CYRCL vehicle. If this is not the case, the CYRCL vehicle must be re-parked by the tenant within an area accessible to mobile connection (once again within the service zone).
   
   6.7. The tenant must make sure that his cell phone has enough battery power for the entire length of the lease, including termination. The termination of the lease is initiated by the tenant by pressing the ‘Lock’ button in the CYRCL mobile application. The rental process is considered completed after a confirmation in the mobile application that the bicycle is locked and the rental session is completed. If the tenant leaves the CYRCL bicycle without receiving confirmation that the trip has been completed, the rent amount continues to be charged to the tenant’s account.
   
   6.8. If the hiring process cannot be completed, the participant must immediately report to CYRCL and remain with the vehicle until the service team decides on further action. If the Tenant is not responsible for the malfunction in any way, any additional rental costs will be reimbursed after review by CYRCL. In cases in which the bicycle does not allow the rental to be terminated because the bicycle is not locked or the vehicle is outside the service area the tenant is considered responsible.
   
   6.9. In the event of an accident that renders the vehicle malfunctioning, the lease will be terminated at the latest when the vehicle is handed over to a towing company or a member of the CYRCL team.
   
   
7. Payment and Payment Methods
   
   The CYRCL bicycle service may only be used on bicycles accessible through the mobile app. CYRCL vehicles are listed in the mobile app and bear the CYRCL logo.
   
   7.1. Payment for the rented period is completed through the payment functionality of the mobile application, through the bank card stored in the mobile application.

7.2. When registering a bank card onto their profile, the tenant enters the card details in a secure form provided by the bank servicing the operator. The client’s bank card information is not stored on the platform and CYRCL does not have it in its database. Tenant’s bank card details are processed and stored only by certified providers of such services. The IT system used to provide such services retains only tokens that are used for communication between the payment service provider and CYRCL. All payment information is protected by cryptographic protocols when transmitted over the Internet, so that it cannot be read when transmitted by a third party.

7.3. Upon beginning the rental period through the mobile app, the tenant acknowledges and agrees that the rental service is initiated, and that CYRCL will charge the applicable rental fee, including the applicable taxes and service fees, if any.

7.4. The rental fee is based on the rental price of the CYRCL bicycle and is priced per minute, which is specified on the CYRCL mobile application and website.

7.5. The final rental fee is calculated after the rental process is completed and is subsequently debited immediately. Payment for the rental service is final and non-refundable.

7.6. The current prices of rental services are shown on the mobile app, where the rental service is launched, therefore CYRCL considers its tenants informed about the prices of its services. CYRCL reserves the right to periodically change the price list. Any changes will be reflected on the mobile app and the CYRCL website promptly, and will be effective immediately upon updating.

7.7. The tenant is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation.

7.8. CYRCL will issue an invoice to the tenant for the services provided based on the information provided by the tenant.

7.9. CYRCL issues an e-receipt for completed charges over the past month, which the tenant is eligible to receive via their e-mail after the end of the current month. Upon explicit request by the tenant, after the end of the month, CYRCL issues an invoice, which the tenant receives via e-mail, containing information about all of the transactions for the month.

7.10. In order to be able to prepare the tenant’s invoice correctly, updated information must be provided and regularly updated via the tenant’s profile on the mobile app.

7.11. In case of failure to pay the rent due, the platform automatically assign the tenant’s account a status that does not allow subsequent payment of rent, or commencement of rent, until the current obligation has been paid. The tenant has the opportunity to pay the current obligation through the mobile app by adding a new payment method, by trying to make a payment again with an already registered payment method, or by contacting CYRCL to pay the obligation via bank transfer. The tenant is kept informed about outstanding debt through the mobile application and / or via emails sent automatically by the platform to the email address registered on the platform for that tenant. After successful payment of the debt, the tenant’s account is automatically reactivated by the system and the tenant is able to use the CYRCL service again.

7.12. CYRCL has the right to immediately block a tenant’s profile if the latter fails to pay the due amount (a) due to a non-completed transaction for a completed charge within 3 (three) business days of the rental. In the event of late payment, CYRCL reserves the right (b) to seek legal action for the amounts due; (c) charge interest for late payment and, if applicable, collection fee and other costs associated with the collection of fees payable to CYRCL by the tenant in legal proceedings for the recovery of the amounts due; (d) transfer their claim towards the tenant to third parties.

8. Obligations of the Tenant
   
   In addition to the Tenant’s obligations arising from other members of these terms and conditions, the Tenant shall:

8.1. Treat the CYRCL bicycle with care, paying particular attention to the provisions in the instruction manual in the relevant section of the mobile app, and to comply with the traffic regulations;

8.2. Comply with all legal provisions regarding the operation of the CYRCL bicycle, in particular those of the local legislation and traffic regulations.

8.3. Keep up-to-date relevant information about their personal data deposited with CYRCL; This applies in particular to the address, mobile number, e-mail and payment methods. If the data proves to be out of date (e.g. invalid email address, incorrect mobile phone, expired bank card), CYRCL reserves the right to temporarily suspend the tenant’s account until the information is updated;

8.4. At CYRCL’s request, at any time, the tenant agrees to provide information on the exact location of the CYRCL bicycle and provide access for inspection.

8.5. The tenant is prohibited from driving a CYRCL bicycle under the influence of alcohol, drugs or medicine that may impair their ability to operate the bicycle.

8.6. The tenant is prohibited from using the CYRCL bicycle for mountain biking, off-road racing or any type of racing, unless the tenant received a written consent from CYRCL and the activity in question is not prohibited by the law of the local jurisdiction.

8.7. The tenant is prohibited from using the CYRCL bicycle to transport flammable, toxic or dangerous substances.

8.8. The tenant is prohibited from transporting items with a CYRCL bicycle which, by their size, weight or shape, might affect road safety, the safety of the tenant, and that of other participants in traffic.

8.9. The tenant is prohibited from using the CYRCL bicycle for crime.

8.10. The tenant is prohibited from carrying out unauthorised repairs or modifications to the CYRCL bicycle or any of its parts.

8.11. The tenant is prohibited from traveling outside the CYRCL area of use. If the tenant wishes to do so, they must first contact CYRCL to discuss such a possibility, and then receive a written consent from the service team.

8.12. The tenant is prohibited from operating the CYRCL bicycle without concluding the appropriate lease and / or continue its use after the lease is completed. In the case of operating or displacing without a signed and / or valid lease contract, the tenant is obliged to pay a contractual penalty in the amount of the damage caused. CYRCL reserves the right to make new claims and to bring forth legal proceedings.

8.13. The tenant is fully responsible for the consequences of road traffic violations or damage to the CYRCL bicycle. They should pay all resulting fees and expenses and will release CYRCL completely from any third party claims. If there are additional charges and costs for road traffic violations or damages, the tenant is obliged to pay them in full, and in cases where the intervention of CYRCL is required, they (the tenant) are also obliged to pay a processing fee, which is determined by the relevant valid price list.

8.14. Payment for the consequences of road traffic violations or damage to the CYRCL bicycle will occur through the registered bank card on the mobile app. In case payment is not possible, CYRCL has the right to demand payment directly from the tenant or to terminate their registration and block their access to services through the platform.

8.15. In case the registered bank card in the mobile application does not provide a debit option because the card has expired and / or its limit is exceeded and / or due to other restrictions introduced by the payment service provider, the system will notify the tenant by electronic message. The tenant must pay CYRCL’s due payment for the charging services in order to continue using the services. The tenant’s access to the CYRCL services is suspended until all due payments are cleared.

9. Penalties:

№	Violation	Penalty Amount	Description
1	Contamination of the bicycle	BGN 50	There must be no food, liquids, or other items remaining on the bicycle or in its basket.
2	Damage caused to the bicycle or its parts	BGN 200	Includes professional repairs, clean up, or purchase of new parts.
3	Traffic law violations	BGN 100	The tenant is responsible for all costs, taxes and fees owed to the relevant authorities in addition to this penalty.
4	Allowing the bicycle to be used by a third party	BGN 100	The registered user is the only individual allowed to operate the CYRCL bicycles.
5	Failure to inform the CYRCL team and authorities upon an accident	BGN 200	The tenant is obliged to immediately signal an accident to the relevant authorities, and to the CYRCL team, as well as to remain at the place of the accident until the arrival of the above mentioned.
6	Destruction of the bicycle during the rent period	BGN 2000	Applicable if the bicycle has been destroyed beyond repair during the tenant’s rent period.
7	Causing a traffic accident during the rent period	BGN 300	Owed due to costs the CYRCL team is forced to cover while the bicycle is unfit for use.
8	Incorrect parking	100 BGN	Upon termination of the rent, the bicycle must be left within the zone of service. This penalty will be charged in addition to the rent time during which the bicycle remains parked outside of the zone of service.
9	Operating the bicycle while under the influence of alcohol or drugs	200 BGN	It is forbidden to operate a CYRCL bicycle while under the influence of alcohol, drugs, or other psychotropic substances that may impair operating ability.
10	Other violations	200 BGN	This penalty is charged in cases not specifically described in these Terms and Conditions, and is applicable at the decision and request of the CYRCL team.
11	Having the bicycle seized by authorities	100 % from the current outstanding rent for the entire day, charged every 24 hours until the bicycle returns to normal use.	The CYRCL team are unable to use the seized bike and suffer loses, covered by this penalty.
12	Administrative violation	BGN 50 (for first violation)   BGN 200 (for a second violation within the next 6 months)	The tenant owes this penalty regardless of other penalties owed to the relevant administrative authorities.
13	Sharing account information with third parties	BGN 200	The user of the account (the tenant) is the only one who should have access to the account information.
14	Leaving the zone of service	BGN 200	Leaving the zone of service is only allowed upon obtaining prior permission (in writing) from the CYRCL team.

   

10. Final Conditions

10.1. CYRCL is not responsible in the cases in which the tenant has not read these Terms and Conditions in their entirety, given that they are offered the opportunity to, and obliged to do so upon registering on the platform.

10.2. These Terms and Conditions can be amended by CYRCL, in accordance with the Laws of User Protection, by notifying the tenant within seven days of the date of the amendment.

10.3. The tenant is obliged to notify the other party in writing, via the website or mobile application, no later than 5 days after a change in their contact information has occurred.

10.4. Correspondence between the tenant and CYRCL is to be conducted in writing on info@cyrcl.eu (for CYRCL) and the tenant’s current registered e-mail address on the mobile application.

10.5. The parties agree that the current Terms and Conditions contract, confirmed on the mobile application and the website, is considered signed and valid, and has the same legal validity as the paper signed version of the contract. These Terms and Conditions are legally binding for both parties.

10.6. In case any of the terms of the current contract contradict the legislation of the Republic of Bulgaria, or is rendered invalid or partially valid due to another reason, the remaining terms and conditions described in this contract remain valid and can be enforced.