General Terms and Conditions (GTC) for the bike to work campaign
1. Scope of application The website www.biketowork.ch and the corresponding mobile application «bike to work», as well as the services offered through these platforms (hereinafter referred to jointly as the «bike to work campaign») have been developed and made available by the association Pro Velo Switzerland (hereinafter referred to as «Pro Velo»). The present general terms and conditions (GTC) govern the relations between Pro Velo and all the parties participating in the bike to work campaign, in particular companies, coordinators, team leaders and participants (hereinafter referred to as «participants»). By registering for the bike to work campaign (cf. art.2) the company declares that it accepts the present GTC. Companies that register for the campaign, respectively the persons who complete the registration process, undertake to provide participants with detailed information on the present GTC, in particular the provisions on insurance cover as per art 8 as well as on the use of the data in compliance with art.10, and on the possibility of recording their data in an anonymous manner; companies undertake to take into account the participation in the campaign only of persons who declare that they accept the provisions of the present GTC.
2. Registration Registration for the bike to work campaign is done through the website and requires that the companies which register, respectively the persons who complete the registration process, transmit faithfully all the information required for the registration forms. In particular, they are responsible for the content of the data communicated. Above all they are responsible for ensuring that the participants are duly informed about the campaign, and for obtaining their consent concerning the transmission of their personal data. Furthermore, they are responsible for ensuring that number of employees indicated by the company at the time of registration is completely accurate. This means that they do not indicate the potential number of participants, but the total number of employees in the company.
Pro Velo has no legal obligation to accept a request for registration. A registration for the campaign can be refused at any time, without providing any justification.
3. Creation of a team account and sequence Unless otherwise agreed with Pro Velo, all participants must be employees of the company registered. The participants form teams of 2 to 4 persons, and each team chooses a team leader. If no team can be formed, individual participation is possible, but only teams of 4 can take part in the prize draw.
Once the team registration is completed on-line, the participants receive a login to connect to their own profile and a team account.
Participants accurately record their kilometres and bike days (as per art.4) by 23h59 on 3 July 2020.
4. Means of transport: bike, e-bike, public transport, on foot or equivalent During the bike to work campaign, the trip from home to work and/or work to home must be made in part or in full by bike or e-bike. A combination with public transport is possible.
One person per team is authorised to make the trip without a bike, but he/she must use own muscle power (e.g. on foot, inline skates etc.). The trip to work on foot must cover at least 2 km per workday. The same applies to individual participants.
In the case of a combination of bike and motorised individual transport (MIT) a minimum of 6 km per workday must be covered by bike.
5. Duration and end of the contract The company or the coordinator determines the period of participation in the bike to work campaign. The choices for the participation period are available on the website www.biketowork.ch. Cancellation is not permitted. Companies that register must pay the participation fee listed. The contractual relationship between Pro Velo and the participants terminates at the end of August 2020. When the bike to work campaign ends, participants no longer have their right to access the company, team and participant account. Pro Velo keeps the data and can use them as stipulated in art.10 of these GTC.
6. Participation fees and payment modalities Companies registering for the bike to work campaign pay the participation fees as set down in the conditions for participation. These fees vary in function of the campaign period chosen and the size of the company (number of employees). The different amounts of participation fees are available on the website www.biketowork.ch.
After successful registration Pro Velo sends the company an invoice, which must be paid within 30 days of issue. If the company has not settled the invoice within the deadline it is given formal notice without any other warning, and Pro Velo is entitled to interrupt the provision of its services and/or to cancel the contract without notice or compensation, as well as to use legal means to claim the amount due.
7. Competition prizes All persons who make at least half of their trips to work by bike (as per art.4) during the campaign period and who record the bike days in the campaign calendar take part automatically in the draw for individual prizes. Teams participate automatically in the team prize draw if they are composed of 4 team members all of which have fulfilled the conditions for the individual prize. The list of winners of individual and team prizes will be published mid-July 2020 on the website www.biketowork.ch. The list will mention the company name, the name and first name of the winner, and the name of the team for the team competition. In principle, the prizes will be sent by post, either by Pro Velo or the prize sponsors.
8. Insurance Participants take part in the bike to work campaign at their own risk and under their own responsibility. It is up to the participants to be insured, and it is compulsory for them to have accident insurance. Bike to work cannot be held responsible for any accidents or illnesses that may occur during the campaign period, nor for any resulting costs.
9. Intellectual property Participants recognise that all property rights (intellectual property, performance protection, entitlements) on the bike to work campaign, in particular copyright, rights on patents, brands and designs as well as know-how, belong exclusively to Pro Velo. Any reproduction or use for example of images, audio documents, video sequences and/or texts in other electronic or printed publications and/or media, is strictly forbidden without the prior written authorisation of the rights holder.
With respect to third-party hardware and software necessary to be able to use the website and mobile application, the third-party rights remain reserved.
10. Protection of data By registering for the bike to work campaign and accepting the present GTC, the participants authorise Pro Velo to use the personal data received for information mailings on bike to work, surveys and evaluations. The name, first name and e-mail addresses of the winning participants, as well as the company names and business addresses, will be transmitted to the prize sponsors, to enable them to send them their prizes.
Part or all of the data communicated to Pro Velo by the participants, as well as company results such as company name, location, canton, number of employees, number of participants, number of teams, participation period, kilometres, C02 equivalent and number of bike days will be published on the website www.biketowork.ch. Data generated automatically by the «Tracking» function of the mobile application may be processed anonymously by Pro Velo and forwarded to third parties for research purposes. Any film and photo material may be used by Pro Velo, sponsors and partners to illustrate websites, lists of competition winners, and other PR purposes (e.g. for printed material and media work).
The person who registers or transmits the data undertakes to inform registered or liable participants expressly on the use of the data in the sense of these provisions, and to obtain their consent in a sufficiently clear form, as well as to inform them of the possibility of anonymous data input. The parties involved guarantee that the input and processing of the data is done in compliance with the relevant legislation on data protection and that the data recorded and published are only used in the context of the bike to work campaign. Except in the case of prior agreement with Pro Velo, any other use, in particular for advertising purposes or mailings in whatsoever form, is strictly forbidden.
Pro Velo undertakes to treat all personal data in compliance with the Federal Law on data protection. Any person wishing to oppose the transmission of his/her address must send a written request when registering to firstname.lastname@example.org. If there are on the website or mobile application spaces reserved for inputting personal or professional data (e-mail addresses, names, postal addresses), participants provide these data expressly of their own free will. As far as technically and reasonably possible, the services offered can be used and paid for anonymously or under a pseudonym, thus without having to transmit personal data. In this case, Pro Velo must be informed in writing at the following address: email@example.com, so that in the case of a win the personal data are available for sending the prize.
11. Responsibility The responsibility of Pro Velo is in principle limited to damage caused intentionally or due to a serious error. In particular, Pro Velo cannot be held responsible for any errors, inaccuracies or omissions in the information communicated that is published on the website www.biketowork.ch and the mobile application. Direct and/or indirect links to third-party websites are outside the responsibility of Pro Velo. Thus any responsibility concerning the content or access to such websites, as well as their use, will be rejected. Other responsibilities, in particular for consequential damages (such as loss of profit, extra costs, etc.) or for material or immaterial damage suffered after access, the use or absence of use of the information provided, which could arise due to incorrect use or technical problems (provoked by third parties for example), shall be expressly excluded.
All information communicated is non-binding. Pro Velo reserves the right to modify, complete or delete part or all of the website or mobile application, without prior warning, on a temporary or definitive basis.
12. Final provisions
12.1 Modifications and additions to the contract Any appended agreements, modifications or additions to the present GTC must be made in writing. This is also valid in the event of contesting this requirement of the written form. Pro Velo may modify the present general conditions at any time.
12.2 Partial invalidity If certain provisions of the present GTC were to prove invalid or unenforceable, the validity of the other provisions of the present GTC is in no way affected. In this case, the invalid clause shall be replaced by a valid clause of which the economic effect is as close as possible to that of the invalid clause.
12.3 Jurisdiction and applicable law The contract is governed by Swiss law, to the exclusion of the rules on conflict of laws. For any dispute arising out of this contract, the parties agree that the exclusive competence in the matter is with the Court of Berne.