Terms and Conditions

Version 17032023

1.Conditions and Definitions

a) The “Gira – Bicicletas de Lisboa” App – Mobile application for using the public bicycle-sharing service in the City of Lisbon, through which the User/Customer interacts with the service, hereinafter referred to as the “Gira App”.

b) Bicycle – Bicycle, as defined in the Road Traffic Code, and within the scope of the Gira Service, is called a classic bicycle or electric bicycle.

c) Classic Bicycle (C) – Bicycle without a motor. Each classic bicycle has a unique frame number that unequivocally identifies each bicycle, and is comprised by the prefix “C” and then 4 digits (e.g., “C0001”).

d) Electric Bicycle (E) – Electrically-assisted bicycle with maximum continuous rating power of 0.25kW, in which power is progressively reduced and finally interrupted when a speed of 25 km/h is reached or when the User/Customer/Client stops pedalling. Each Electric Bicycle has a unique frame number that unequivocally identifies each Bicycle and it is comprised of the prefix “E” and then 4 digits (ex.: “E0001”).

e) Bicycle Available – Bicycle parked at a dock indicating the light signal: a permanent green colour.

f) Bicycle Unavailable – Bicycle parked at a dock indicating the light signal: a permanent red colour.

g) Deposit – Amount made available to EMEL, by the User/Customer/Occasional Client, in the amount of €300.00 (three hundred euros), as a guarantee of compliance with these Terms and Conditions.

h) User/Customer Account – Virtual space that allows interaction between the User/Customer and EMEL, namely for the purposes of paying the Gira Service and/or ePark Service fees, the submission and monitoring of requests as well as history.

i) Data – The information made available by the User/Customer to EMEL with the request for membership and during and/or after User/Customer Registration and collected by EMEL while using the service, which includes Access Data, Personal Data and Usage Data

j) Access Data – Data that allows access to the User/Customer Account.

k) Personal Data – Data that falls within the definition given by the General Data Protection Regulation (GDPR) and by Law 58/2019, of August 8, including “Access Data” and “Usage Data” as defined herein.

l) Usage Data – Data relating to the transactions made on the Gira App, including those regarding the trips made.

m) Dock – Infrastructure intended for parking the Bicycle, which allows, in particular, charging and data transmission.

n) Available Dock – Dock in which the trip can be finished when indicating the light signal: a permanent green colour.

o) Unavailable Dock – Dock in which the trip cannot be finished when indicating the light signal: a permanent red colour.

p) EMEL – Empresa Municipal de Mobilidade e Estacionamento de Lisboa, E.M., S.A., with registered office at Alameda das Linhas de Torres, 198/200, 1750-150 Lisbon, Corporate TIN 503 311 332, with the contacts identified in Clause 15 of these Terms and Conditions, owner of the bicycles made available under the Gira Service and Gira App.

q) Station (operational) – infrastructure composed of a Totem and a variable number of Docks, which is presented in the GIRA App as available, where the User/Customer can commence with Starting the Trip or Ending the Trip.

r) Ending the Trip – This translates into specific action by the User/Customer to dock the Bicycle at the destination Dock Station and proceed to lock it. Locking the Bicycle becomes effective when the signal beeps and the green colour goes from intermittent to permanent while in the Dock, along with the subsequent end of the Trip information in the Gira App.

s) Starting the Trip – This translates into specific action by the User/Customer to unlock and remove the Bicycle from the Dock at the Station of origin and proceed with unlocking it. After the order to unlock the Bicycle in the Gira App, through which the journey begins, the dock emits a signal beep and a flashing green light during the 15 seconds available to remove the Bicycle from the Dock.

t) User/Customer Registration – Membership process for the Gira Service that formalises the contract agreement between the User/Customer and EMEL, pursuant to these Usage Terms and Conditions and under current Portuguese law.

u) ePark Service – It is a service provision, associated to a computer application owned by EMEL, which allows the User/Customer to pay parking fees in advance and to park regularly in Limited Duration Parking Zones, using the electronic means of payment that are associated with it, pursuant to the contractual terms and conditions that concern said user/customer.

v) Gira Service – Provided and managed by EMEL and it refers to the public bicycle-sharing system in the city of Lisbon, allowing the User/Customer to travel by Bicycle between the various system stations, pursuant to these Terms and Conditions, through the following types of subscription:

i)Daily Pass – access ticket to the Gira Service, valid for a 24-hour period counting from the moment of subscription of the service. This subscription can be purchased by a User/Customer residing in Portugal or abroad.

ii) Monthly Pass – access ticket to the Gira Service, valid for a 30-day period counting from the subscription date to the service. This subscription can only be purchased by a User/Customer residing in Portugal.

iii) Annual Pass – access ticket to the Gira Service, valid for a period of 365 days counting from the subscription date to the service. This subscription can only be purchased by a User/Customer residing in Portugal.

iv) Gira Navegante – access ticket to the Gira Service that provides access fee exemption for Users/Customers aged 16 or over who have a tax address in the municipality of Lisbon and who are holders of a valid Navegante Pass.

w) Third Party(ies) – Legal person(s) other than the User/Customer.

x) Totem – Informative structure at the Station.

y) User/Customer – Any legal person aged 16 years or older who adheres to these Terms and Conditions and can be classified into two types:

i) Regular – User/Customer who subscribes to an “Annual Pass” access ticket, “Monthly Pass” or “Gira-Navegante Pass”;

ii) Occasional – User/Customer who subscribes to a “Daily Pass” access ticket, is obligated to provide a deposit, as a guarantee of compliance with these Terms and Conditions, in the amount of €300.00 (three hundred euros).

z) Trip – Period, with a maximum duration of 8 hours, in which a Bicycle is assigned to a User/Customer and that includes the trip(s) made by the User/Customer since Starting the Trip and Ending the Trip, as it is charged in usage periods of 45 minutes and subject to a mandatory interval of at least 15-minutes between Ending the Trip and Starting a new one.

aa) www.gira-bicicletasdelisboa.pt – Website where you can find these Terms and Conditions and obtain information regarding the Gira Service.

 

2.  Membership Procedures and Conditions

a) To use the Gira Service, the User/Customer must download the Gira App – via the App Store or Google Play Store – onto his/her mobile device using the iOS operating system (requires version 9 or higher) or Android (requires version 5.0 or higher) and register as a User/Customer under the following terms:

i) If the User/Customer is registered, he/she must Login with his/her User/Customer Account credentials and complete the registration with the additional data requested;

ii) If the User/Customer is not registered, he/she must register through the App with the requested data.

b) User/Customer Registration necessarily presupposes:

i) The express, complete, unequivocal and unreserved understanding and acceptance of these Usage Terms and Conditions for the Gira Service;

ii) Full completion of User/Customer Registration, including the Personal Data required to complete it, thereby demonstrating his/her full consent to use the personal data provided for the purposes established in Clause 10, specifically to use the Gira Service;

iii) The irrevocable consent for the automatic collection of fees associated with the Gira Service, accepted/ordered by the User/Customer;

iv) The express, complete, unequivocal and unreserved understanding and acceptance of the operation of the Gira Service.

c) The User/Customer must, in the Gira App, enter the following mandatory data when Registering as the User/Customer:

i) First and last name;

ii) E-mail address (preferred means agreed for the exchange of communications);

iii) Mobile number;

iv) Country of residence;

v) Taxpayer Identification Number;

vi) Password.

d) Within the Gira App when subscribing to the service, the User/Customer must enter the following mandatory data:

i) Date of birth;

ii) Personal identification document no. – select “Cartão de Cidadão” [Citizen Card] or “Cartão de Residente” [Resident Card] and enter the number and Check Digit, or, if you are not resident in Portugal, select “Outro” [Other] and enter the number;

iii) Address: Residential address, Postal Code and City, which will comprise the agreed upon address for notifications;

iv) Gender (optional data)

e) When subscribing to the “Monthly Pass” or “Annual Pass”, the User/Customer must make the payment in the App for the access amount through the balance existing in the respective User/Customer account or through the payment methods provided.

f) When subscribing to the “Daily Pass”, the User/Customer must define a payment method within the app to use the Gira Service and, if the User/Customer is of the “Occasional” type, make a deposit in the amount of €300.00 (three hundred euros).

g) When submitting the “Gira Navegante” subscription request, EMEL may ask the interested party to prove that he/she has a Navegante Card with a valid pass and a tax address in the city of Lisbon.

h) EMEL may, at any time, amend these Terms and Conditions by written communication about the respective change to the User/Customer, through one of the contacts provided by the User/Customer in the Registration, or through communication in the Gira App.

i) The User/Customer who intends to maintain the Gira Service after the amendment made to these Terms and Conditions, must understand it and accept it expressly, completely, unequivocally and without reservation upon immediate use of the service.

3. User/Customer Account

a) With the User/Customer Registration and the availability of data required for this purpose, the User/Customer creates his/her User/Customer Account for the Gira Service as well as the ePark Service (in accordance with the attached ePark Service Terms and Conditions), or supplemented to the respective account, in case he or she is already an ePark Service User/Customer.

b) Access to the User/Customer Account is performed by entering the following Access Data:

i) Email address;

ii) Password.

c) Access Data must be strictly confidential and should not be provided to the Third Party(ies) in any case, without prejudice to the stipulations of Clause 11.

d) The User/Customer may not use the Gira Service or his/her User/Customer Account in violation of the law or the rights of Third Parties, namely rights regarding intellectual property and privacy.

e) The User/Customer must immediately notify EMEL of any abusive use or any other form of unauthorised use with his/her User/Customer Account.

f) The User/Customer Account contains, namely:

i) Personal Data;

ii) Usage Data;

iii) Receipts and invoices issued in connection with providing the Gira Service.

g) The User/Customer may request EMEL to change the Data submitted, with the exception of the taxpayer number and the personal identification document number, always taking into account the provisions of Clause 7, sub-paragraph d) of these Terms and Conditions.

h) The “Regular” type of User/Customer has the following payment methods available for charging the User/Customer Account:

i) ATM Reference;

ii) PayPal;

iii) Credit cards: Visa and Mastercard.

i) The “Occasional” User/Customer has the payment method available for using the Gira Service and he/she provides a security deposit in the amount of €300.00 (three hundred euros):

i) PayPal;

ii) Credit cards: Visa and Mastercard.

j) The value of the deposit is retained for a maximum period of 5 days after expiration of the subscription.

k) The User/Customer may close his/her User/Customer Account at any time, provided that there are no outstanding amounts associated with the Gira Service and/or ePark Service, as the amount is reimbursed from existing credit resulting exclusively from charges made under the terms of this clause, sub-paragraphs h) and i).

l) EMEL may, without prior notice, suspend, block, interrupt or cancel the Gira Service, as well as the User/Customer Account, primarily in situations that it considers to be appropriate, such as:

i) For reasons of public safety;

ii) When there is reasonable suspicion that the Gira Service is being used in an abusive or fraudulent manner by the User/Customer or Third Party(ies);

iii) For false statements at the time of subscription or during use;

iv) Failure to comply, at any time, with the subscription conditions to Gira Navegante;

v) For updates, management, maintenance or repairing the Gira Service;

vi)For a violation of these Terms and Conditions by the User/Customer;

vii) When provision of the Gira Service may involve the violation of legal standards, in particular those resulting from legislative or regulatory changes;

viii) Upon determination by a competent judicial or administrative authority

4.Usage Terms and Conditions for the Gira Service

a) The User/Customer must observe the usage rules for the Gira Service contained in these Terms and Conditions, as well as all the information contained in www.gira-bicicletasdelisboa.pt.

b) Bicycles are equipped with geolocation devices, for User/Customer safety reasons and safeguarding of equipment.

c) To Start the Trip through the Gira App, the User/Customer must enable the GPS on his/her mobile device.

d) The “Regular” type of User/Customer must ensure a sufficient balance in the User/Customer Account to make payments arising from Gira Service usage.

e) Payments that arise from using the Gira Service by the “Occasional” User/Customer, specifically for day pass subscriptions, can be made directly by credit card or through PayPal.

f) Once payment for Gira Service is made, the amounts are not returned.

g) The invoice is always issued in the User/Customer name, as an “end user” invoice, and according to User/Customer Registration data and Gira Service subscription (First and last name; taxpayer no). The responsibility for entering the billing data remains with the User/Customer.

h) The Gira Service operates every day, in the period between 06:00 am and 02:00 am, and the Trip must begin within this time interval.

i) EMEL provides telephone support to help Users/Customers 24 hours a day.

j) The User/Customer can make as many Trips as he/she wishes, provided he/she has an active subscription, a positive balance in the User/Customer Account and complies with the mandatory waiting period between trips.

k) The User/Customer must use the Bicycle correctly, pursuant to the rules contained in these Terms and Conditions and in accordance with the provisions of the Road Traffic Code for the circulation of bicycles, returning the Bicycle in the same state of conservation as it was received, except for the wear-and-tear inherent to normal and prudent use.

l) The User/Customer, through his/her User/Customer Account, can only use one bicycle per Trip, as it is expressly forbidden to use more than one bicycle per User/Customer simultaneously.

m) Before Starting the Trip and after Ending the Trip, the User/Customer must make sure that the Bicycle is in good condition and if the User/Customer detects any malfunction, defect or anomaly, he/she must immediately contact EMEL.

n) The User/Customer has 15 seconds from the time he/she unlocks the Bicycle (through the Gira App) to remove it from the Dock (at which time the Trip is initiated). Once this time elapses, the Bicycle remains locked in the Dock without Starting the Trip.

o) After the Trip, the User/Customer must make the Trip come to an end, by verifying that the Bicycle is properly locked in the Dock. Ending the Trip is confirmed by the dock emitting a signal beep and light signal along with information about ending the trip available on the Gira App, which the User/Customer must verify.

p) During the Trip, the Bicycle can only circulate within Lisbon city limits, on bike paths and on public roads appropriate for this purpose, as stopping, parking or keeping it outside of the public space is expressly prohibited.

q) The User/Customer must obey legitimate orders issued by any competent judicial, police or administrative authority.

r) The User/Customer must always observe all the usage rules for the Gira Service, using it prudently and responsibly.

s) In the event of loss, theft, robbery or damage to the Bicycle, the User/Customer must immediately report the occurrence to EMEL, simultaneously reporting what happened to the Lisbon Police Department or the Public Security Police for future reference.

t) When an uninterrupted lapse of 8 hours passes after Starting the Trip, and there is no record of Ending the Trip, which was enabled by the User/Customer, EMEL will initiate steps towards recovery of the Bicycle.

u) Parking the Bicycle outside the Dock does not formalise its return and this is equivalent to abandoning the Bicycle.

v) The User/Customer may not use the Gira Service, and the associated equipment, for profit, commercial purposes, including operations and delivery or logistics activities, advertising and for purposes that are not permitted, illegal or offensive to public order or good customs, namely, that directly or indirectly harm EMEL and/or its employees and/or Third Parties.

W) It is prohibited for the User/Customer to lend, rent, sell or assign the Bicycle to Third Parties or use the Gira Service and its access credentials.

x) Anyone who is impaired in their physical, cognitive, intellectual and psychomotor capacities, or who is in an apparent debilitating state of health or emotion, or any other disabling condition, namely, due to alcohol consumption or consuming psychotropic substances that jeopardise the exercise of responsible and safe driving and that imperil the interests of preventing and protecting the safety, health and well-being of oneself, EMEL and third parties, is prohibited from using the Bicycle.

y) Transporting the Bicycle on any means of public or private transport is prohibited.

z) Using the Bicycle on pavement without adequate conditions for this purpose, namely, stairs, slopes, dirt fields, skating ramps, sports fields, among others, of the same nature or type is prohibited.

aa) Transporting additional passengers on the Bicycle, including children when not transported in supports authorised by EMEL is prohibited.

bb) Transporting goods outside of the Bicycle basket is prohibited.

cc) Disassembling and/or partially or completely manipulating the Bicycle is prohibited.

dd) The User/Customer may not use the Gira Service by submitting data or information that is not true, accurate or outdated.

5.Specific Membership Procedures and Conditions for the Gira-Navegante Pass

a) Users/Customers who have a Navegante Pass, aged 16 years or over, with a tax address in the municipality of Lisbon and User/Customer Registration made within the Gira Service, can subscribe, directly or with an access code, to Gira Navegante, exclusively through the Gira – Bicicletas de Lisboa App, available for iOS and Android.

b) For the membership process to be effective, the User/Customer must expressly accept these Terms and Conditions.

c) The attribution and validity of Gira Navegante subscription are subject to periodic verification through document analysis or through the SIIT – Sistema de Informação Intermodal de Transportes of SIIT – Sistema de Informação Intermodal de Transportes, in which the User is the holder of a valid Navegante Pass.

d) Gira Navegante can be deactivated and the respective membership cancelled if, for 6 consecutive months, the User/Client is not the holder of a valid Navegante Pass.

e) Only one GIRA-Navegante Pass can be associated with each User/Customer Account.

f) The Gira – Bicicletas de Lisboa App does not allow the use of simultaneous passes (Annual Pass; Monthly Pass; Daily Pass), but it allows the User/Customer to have up to two subscribed passes for successive use, after the previous pass has expired or has been used.

g) Regarding everything else that is not specifically regulated in this clause, the provisions of Clause 2 (Membership Procedures and Conditions) will apply, with the necessary adaptations.

6. Fees and Bonuses

a) The Gira Service has two types of fees and one bonus regime.

i) Access fee – amount to be paid for subscribing to the service;

ii) User fee – amount payable for using the service. The amounts are cumulative.

b) The access and usage fees are defined in the following table, differentiated by type of subscription.

Type of Subscription	Duration of the subscription	Access Fee	Fee for the 1st usage period		Fee for the 2nd usage period	Fee for the 3rd and subsequent usage periods	Maximum amount per trip	Duration of usage periods	Mandatory interval between Trips
			Bicycle C	Bicycle E	Bicycle C and E	Bicycle C and E	Bicycle C and E
Annual Pass	365 days	€25.00	€0.10	€0.20	€1.00	€2.00	€10.00	45 min	≥ 15 min
Monthly Pass	30 days	€15.00	€0.10	€0.20	€1.00	€2.00	€10.00	45 min	≥ 15 min
Daily Pass	24 hours	€10.00	€0.00	€0.00	€2.00	€2.00	€10.00	45 min	≥ 15 min
Gira-Navegante Pass	Up to 365 days	€0.00	€0.10	€0.20	€1.00	€2.00	€10.00	45 min	≥ 15 min

 

c) In each 30-day period, counted after starting the subscription, the first usage period (45 min) is free after 40 Trips, applying, however, the rates from subsequent periods. This applies to both Annual Pass and Monthly Pass subscriptions.

d) By using the Gira Service, the “Regular” type of User/Customer benefits from a bonus regime, accumulating points according to the following rules:

i) For each Trip made – 10 points;

ii) Whenever the User/Customer Starts the Trip at a Station with more than 70% of the docks occupied – 100 points;

iii) Whenever the User/Customer completes the End of a Trip at a Station with less than 30% of docks occupied – 100 points;

iv) The points acquired are valid for 2 years.

e) Rules for using the points:

i) The User/Customer can convert points that he/she has accumulated to be discounted in fees for the 2nd and subsequent usage periods, according to the following ratio:  500 points = €1.00.

ii) To benefit from this conversion, the User/Customer must, within a maximum period of 24 hours after Ending the Trip, choose to convert the points through the Gira App.

f) With reference to the table provided in this clause, sub-paragraph b), the following transitional provisions apply, until the amendment of these Terms and Conditions communicated in the manner defined herein:

i) The fee for the 1st usage period is free;

ii) The access fee for the “Daily Pass” is €2.00.

g) Purchase of the Navegante Card and the monthly pass are subject to the prices established by TML – Transportes Metropolitanos de Lisboa.

7.Liability

a) The User/Customer is solely and exclusively responsible for use made through the Gira Service, which is, namely:

i) By accessing the respective User/Customer Account and by using the Gira Service through his/her access credentials;

ii) For transactions, including payment, made through the User/Customer Account;

iii) Immediately and jointly for any loss, theft, robbery or damage caused to EMEL, namely, to the equipment and bicycles made available, without prejudice to civil, misdemeanour and/or criminal liability that may be imputed by Third Parties.

b) The User/Customer is also solely and exclusively responsible for ensuring the security of the equipment that is used to access the Gira Service, as well as for guaranteeing the confidentiality of Access Data on the User/Customer Account.

c) Subscription to these Terms and Conditions does not exclude the civil, criminal or administrative liability of the User/Customer, as he/she is exclusively responsible for the damages caused to EMEL or to Third Parties arising from, in particular, unlawful, culpable, negligent, or intentional conduct.

d) The User/Customer remains bound to the Data provided during and/or after User/Customer Registration and he/she is fully responsible for its veracity, accuracy, timeliness, and authenticity.

e) The Gira Service was developed with the interests of the User/Customer in mind, however EMEL does not guarantee that it will meet his/her expectations.

f) The violation or abusive use of equipment that comprises the Bicycle (battery, electric motor, among others) may cause accidents or dangerous incidents to people and property.

g) EMEL is not responsible for:

i) Delays, interruptions, errors, interference, suspension, losses, non-receipt, incomplete or partial receipt of electronic communications;

ii) Duplication of payments for reasons beyond EMEL control;

iii) Illicit or illegitimate acts by Third Parties that directly or indirectly impair functioning of the Gira Service or the electronic, computer, server, network or telecommunications systems that directly or indirectly support the Gira Service;

iv) Access and usage of the User/Customer Account by unauthorised Third Parties;

v) Force majeure situations unrelated to EMEL.

h) Delays that may occur in the process of returning the deposit provided by the User/Customer that are attributable to banking entities or payment institutions.

i) EMEL may directly enforce, in whole or in part, the deposit provided by the User/Customer for the recovery, in whole or in part, of the amount owed by the User/Customer arising from any loss, theft, robbery or damage attributable to him/her, as provided for in these Terms and Conditions.

8.Penalties and Termination for non-compliance

a) The violation of any clauses provided in these Terms and Conditions and other legislation and regulations applicable to the Gira Service attributable to the User/Customer is considered a serious non-compliance and may imply the contractual termination and consequent cancellation of providing the service, temporary or definitively, as well as disqualifying usage of the Bicycle.

b) It is up to EMEL to decide on applying the penalty and its duration, depending on the specific circumstances of the case, namely, the degree of illegality, guilt and damage caused to EMEL or to a Third Party or Parties.

9. Claims

a) The User/Customer of the Gira Service benefits from personal accident insurance and civil liability insurance, in accordance with advertised policies on the website, www.gira-bicicletasdelisboa.pt, and according to the respective coverages and exclusions.

b) Without prejudice to the mandatory reading of the advertised policies, which is assumed by subscribing to these Terms and Conditions, the insurance available has the following conditions:

i) Civil Liability (mandatory capital):

1) Material Damages: €1 300 000.00;

2) Personal Injury: €6 450 000.00;

ii) Personal Accidents, coverages:

1) Death or Permanent Disability – €30 360.00;

2) Funeral Expenses – €2 575.00;

3)Treatment and Repatriation Expenses – €5000, with a deductible of €75 per person/claim.

c) In the event of a claim, the User/Customer must contact EMEL through one of the means provided in Clause 15, immediately after the claim or upon cessation of any impeding health reason, and must provide the clarifications that are requested, applying the contractual coverages and policy guarantees provided in sub-paragraph b).

d) If the claim affects the mechanical and functional conditions of the Bicycle, the User/Customer is obligated to immediately report the occurrence to EMEL and, in case it is not possible to transport the Bicycle to the nearest Station, he/she must remain next to it until it is collected by EMEL or an authorised person by EMEL, duly identified.

e) In any case, EMEL is not responsible for any damages, either property (e.g., personal injury, material damage) or non-property, suffered by the User/Customer or caused by him/her to Third Parties, while using the Gira Service, namely during the Trip.

f) In the case of non-emancipated minors, settlement of the claims process depends on the rights of the person who holds parental responsibilities.

10. Right to Terminate

a) The User/Customer has the right to freely terminate this contract to use the Gira Service, within a period of 14 calendar days, without having to indicate any reason.

b) The period for exercising the right of free withdrawal expires 14 days from the day following conclusion of the contract, that is, User/Customer Registration.

c) In order to exercise his/her right of free termination, the User/Customer must communicate to EMEL, by the means indicated in Clause 15, of his/her decision to terminate this contract, by means of an unequivocal statement (e.g., letter sent by post or email – in the latter case via the email address associated with the User/Customer Account, who may, if he/she so wishes, use the termination template form provided in this clause, sub-paragraph i).

d) For the free termination period to be respected, it is sufficient that the User/Customer communication regarding the exercise of the right to free termination is sent before the end of the termination period.

e) In the event of terminating this contract, the User/Customer will be refunded the non-consumed, charged amounts for access and usage fees (provided in Clause 6), as well as the amount of the deposit provided, through the same means of payment used by the User/Customer, within a maximum period of 14 days from the date of receipt by EMEL of the communication referenced in sub-paragraph c), without prejudice to the associated financial service provider regulations.

f) Regarding the access fee, it is only returned if the User/Customer has not made any use of the Gira Service.

g) In any case, the User/Customer does not incur any costs as a result of such refund.

h) The refund to be made will take into account the credit actually existing in the virtual account that exclusively results from User/Customer charges or from the deposit provided.

i) Without prejudice to other options that the GIRA App may provide for this purpose, to exercise the right to terminate this contract, the User/Customer may use the following form, merely indicative:

«A/C EMEL, E.M., S.A., Alameda das Linhas de Torres, 198/200, 1750-150 Lisboa (gira@emel.pt)

I hereby exercise my right of free termination regarding provision of the Gira Service, requested on _______ by _______ (full name, TIN and User/Customer address).

(User/Customer signature, only if this form is delivered in printed format).»

11.Privacy policy and Data processing

a) The processing of Data by EMEL, as well as the exercise of User/Customer rights in relation to his/her Personal Data, is conducted in accordance with applicable legislation, namely the current legal framework for the protection of personal data.

b) The User/Customer has the right, under the terms of current legislation, to access his/her Personal Data and, including the rights to opposition, deletion, rectification and/or update thereof.

c) The User/Customer may exercise his/her rights regarding data protection with EMEL, as the entity responsible for data processing (see contacts in Clause 15) and also with EMEL’s Data Protection Officer (by mail addressed to the correspondence address established in Clause 15 or via the email address: dpo@emel.pt) or to the national supervisory authority, the Portuguese Data Protection Commission.

d) EMEL may resort to a Third Party or Parties for the purpose of collecting and/or processing User/Customer Personal Data, and this Third Party or Parties remain(s) absolutely bound to equal obligations of secrecy and respect for the legal framework on the protection of personal data in effect.

e) User/Customer Personal Data, upon express and specific consent, may be processed by EMEL for marketing, advertising, information or other purposes.

f) The User/Customer may, at any time and upon communication to EMEL, through the contacts referenced in Clause 15, exercise the right to revoke consent referenced in the previous sub-paragraph, and may also request rectification or the right to be deleted (right to be forgotten).

g) EMEL may send to the User/Customer Account, or by any of the communication methods indicated during and/or after User/Customer Registration, notifications or information regarding the implementation of the Gira and ePark Services contract, or others that are associated with it.

h) The Data provided is stored and digitised by EMEL, and retained for 10 years, without prejudice to the provisions of Decree-Law No. 181/2012, of August 6, as amended by Decree-Law No. 47/ 2018, of June 20, and may be provided, voluntarily or upon request, to judicial authorities and/or criminal police bodies and/or competent administrative authorities, namely for compliance with the legal and contractual User/Customer obligations, or within the scope of actions aimed at demanding civil and/ or administrative and/or criminal liability from the User/Customer, or whenever transmission of this Data is necessary under the terms of the personal accident insurance and civil liability insurance policies in effect.

i) The following table indicates the main categories for processing the personal data provided to us:

Classification of personal data	Examples
Identification and contacts	First and last name, e-mail address, mobile phone number, tax identification number, country of residence, residential address, tax address and personal identification number.
Access data	Password and access to the User/Customer account.
Biographical data	Date of birth, place of residence, gender (not mandatory and dependent upon consent from the holder of personal data, expressed by filling in the respective field).
Usage data	Voice recording (in case of contact with telephone support), place of origin and place of destination for the trip along with the route, date and time.
Health data	Health data strictly necessary for the management and settlement of any claims.

 

j) The following table indicates how personal data is obtained:

Methods of obtaining the data

Examples

Data provided by the User/Customer

Identification and contacts, access data, biographical data, usage data, health data. When the user signs up through the Navegante method, individual personal data is collected from the Navegante Card number and his/her associated name, Navegante Pass subscription and validity as well as personal tax address information, obtained through one of the following methods: a) Reading the Citizen’s Card in store; b) Digital Tax Address Certificate; c) Digital collection through the website or on the app through Digital Mobile Key authentication; d) Consulting the Resident Registration, for those who have obtained such ticket from EMEL.

 

k) The following table indicates the purpose for processing the personal data provided to us:

Purpose of processing	Examples
Evaluation of service quality and level of satisfaction	Monitoring quality of the service provided by EMEL and evaluation of User/Customer satisfaction.
Marketing, statistical or academic studies	Processing of “Data”, including its transmission to Third Parties, duly anonymised, and its analysis for studies in the area of mobility.
Marketing	Promotion and dissemination of services, offers and special conditions with the prior and express consent of the holder.
Litigation management	Exercise of legal or contractual rights and the right of defence, in the event of possible non-compliance.
Compliance with legal and statutory obligations	Validation of the necessary requirements for concluding the contract and compliance with the respective conditions. Compliance with legal obligations and defence of legitimate interests before judicial and police authorities, regulatory bodies and tax administration.
Management control and internal audit	Collection of EMEL management control information and conducting internal audits.
Claims management	Collection and transmission of data in the context of triggering personal injury and civil liability insurance policies.

 

l) The following table indicates the retention and processing periods for the personal data provided to us:

Reason for retention	Retention period
Compliance with contract	Period of contract validity, without prejudice to longer periods necessary to ensure contractual rights or duties, or the legal defence of EMEL’s legitimate interests.
Contractual, legal, fiscal or regulatory obligation	Applicable statute of limitations.
Call recording preservation	90 days.
Retention of individually identified User/Customer trips and routes records	10 years

 

m) The following table indicates the flows of personal data that are transmitted/received within the scope of monthly verification with the Sistema de Informação Intermodal de Transportes – SIIT for the company Transportes Metropolitanos de Lisboa:

Classification of personal data	Data
Identification and contacts	Name; taxpayer identification number.
Usage data	Navegante Card validity; Navegante Pass Validity.

 

12.Duration and Validity of the Contract

a) The contract is valid for the service subscription period, according to the User/Customer options, counted from the date of his/her subscription.

b) The contract may be terminated at any time, by sending clear and express written communication, addressed to EMEL, via postal mail, to the address referenced in Clause 15, sub-paragraph b) or, preferably, via the email address associated with the User/Customer Account, to gira@emel.pt.

c) The existing balance in the User/Customer Account is returned to the User/Customer, by sending clear and express written communication addressed to EMEL, via postal mail, to the address referenced in Clause 15, sub-paragraph b) or through the e-mail address associated with the User/Customer Account, to gira@emel.pt, and proof must be sent of the IBAN to which the return should be made, by applying, in that regard to reimbursement for the amounts charged, the provisions of Clause 9, with the necessary adaptations.

d) The provisions of the previous paragraph do not apply to the existing credit in the User/Customer Account resulting from EMEL promotional campaigns (e.g., vouchers or promotional codes).

e) In any case, as for the access fee (provided in Clause 6), it is only returned if the User/Customer has not made any use of the Gira Service.

f) If any clause of these Terms and Conditions is found to be illegal or unenforceable, in whole or in part, by virtue of any legal provision and by determination of a judicial authority or competent administrative authority, such provision shall not be considered as part of the contract, but the validity and application of the remaining parts of the contract are not affected, unless the parties had not entered into it in case of knowing such illegality or unenforceability.

13. Alternative Dispute Resolution

EMEL is a member of Centro de Arbitragem de Conflito de Consumo de Lisboa [Consumer Conflict Arbitration Centre of Lisbon]. In case of dispute, the Consumer may resort to this Dispute Resolution Entity (RAL), in relation to matters that fall within its competence, namely issues of contractual nature. For more information, click on the link http://www.centroarbitragemlisboa.pt/.

14. Governing Law and Competent Jurisdiction

These Terms and Conditions are governed by Portuguese law and, without prejudice to the provisions of the preceding clause, in case of dispute between EMEL and the User/Customer, namely arising from the interpretation, violation or application thereof, the competent jurisdiction is that of the District Court of Lisbon, with express waiver of any other.

15. Contact information

To communicate with EMEL or AMT (regulatory entity for transportation services), namely for the purposes of clarification, participation, information, complaint and the exercise of the right to termination, when applicable, the User/Customer must use the following methods:

a) Email address:

i) General: gira@emel.pt;

ii) In case of accident: gira.sinistros@emel.pt;

iii) AMT – Autoridade da Mobilidade e dos Transportes (regulatory entity for transportation services): geral@amt-autoridade.pt

b) Address for correspondence: EMEL – Alameda das Linhas de Torres n.º 198/200, 1750-150 Lisboa;

c) Phone no.: +351 211 163 060 – available every day 24/7;

d) Website: www.emel.pt and www.gira-bicicletasdelisboa.pt.

 

Annex – ePark Service Terms and Conditions

The ePark Service Terms and Conditions are available at: https://www.emel.pt/pt/tc/.