Terms and conditions

General Terms and Conditions (GTC) for Co-bikes operated by Co-cars UK Ltd

These general terms and conditions apply to the use of rental bikes provided by Co-bikes and operating in the United Kingdom and Ireland and all other areas where these terms and conditions may apply legally. In other countries, or partner systems, the terms and conditions of the partners apply.

Paragraphs 1 – 8 of these terms and conditions define the rights and obligations for the use and rental of Co-bikes bicycles. Paragraphs 9 – 19 define the business relationship between Co-bikes and it’s customers.

1. Scope of the GTC

1) Co-bikes, via its partner Nextbike, rents bicycles to registered customers in as far as the products and services are available.

2) Fully automated rental and return is possible by telephone, mobile app, the Co-bikes website, at a rental terminal (where available) or using an on- board computer (where available).

3) Individual agreements which deviate from the GTC must be agreed in writing by Co-bikes in written form.

2. Registration and Confirmation

1) Registration (application for registration with Co-bikes) is possible by telephone, mobile app, at a rental terminal (where available) or with a co-operating local partner.

2) Following the provision of all relevant personal data, Co-bikes has the right to accept or refuse the application. As part of the approval process, Co-bikes is authorised to check the creditworthiness of the applicant using the services provided by its partner World Pay.

3) Upon successful registration, the applicant shall receive a personal identification number (PIN). This PIN allows for, among other things, logging into the customer account at www.co-bikes.co.uk.

4) Approval of the application occurs when Co-bikes notifies the applicant of activation of a customer account. This notification may be given orally, in written form, by telephone, via email, SMS or at a rental terminal.

5) Following successful registration as a customer of Co-bikes, the customer is able to use any Co-bikes bicycle worldwide. An overview of the individual Co-bikes locations may be viewed at www.co-bikes.co.uk. Rates vary according to location.

6) The registration process is free of charge for applicants, however a valid means of payment must be provided before rentals can be made. Co-bikes is authorised to charge periodic rental fees in accordance with the chosen tariff. The amount of these fees may be requested per telephone and the current price list is also available at www.co-bikes.co.uk.

7) The customer is obliged to inform Co-bikes immediately of any changes to their personal information. This applies especially, but is not limited to, information regarding payment (debit or credit card number and banking information).

8) Co-bikes and their licensing partners may send additional information other than that which is necessary for the rental itself (bike no., lock code, etc.). This may include, but is not limited to, information from sponsors and partners.

3. Terms and Conditions of Use

1) The rental bikes may not be used:

2) The customer is obliged to obey all road and traffic safety laws and regulations.

3) Cycling ‘hands free’ is not allowed and it is strongly recommended that users wear appropriate safety equipment and a helmet whilst cycling.

4) Improper use of the bicycle basket is forbidden including overloading (maximum allowable load is 5kg). The customer is obliged to ensure that all transported goods and items are fastened and / or secured properly at all times.

5) Unauthorised modifications or alterations to the bike are not allowed.

6) Should Co-bikes be made aware of unauthorised or improper use of the rental bike, Co-bikes is authorised to terminate this agreement and block the customer from further rentals and usage.

7) Following receipt of confirmation messages regarding the return of bicycles, the customer is not allowed to continue use of the bike with the given rental-code. To use the returned bike again it is necessary to initiate a new rental.

8) Where the bike is fitted with a manual lock, the customer is not allowed to change the provided lock code or to provide it to third parties. In cases where it is found that a lock has been tampered with, a penalty of at least £5.00 will be applied. Co-bikes also reserve the right to recover lost revenue from such abuse should it occur.

4. Rental Limitations

1) Each customer may rent up to four bikes on one customer account at one given time.

2) Any reduced tariff, including the subscriber fare, is only valid for one bike at a time and any other simultaneous rentals will be charged at the regular rate.

3) Individual arrangements subject to the availability of rental bikes are possible upon approval by Co-bikes.

5. Duration of Rental

1) The chargeable rental of a bike begins with the provision of the code to unlock the bicycle by Co-bikes to the customer.

2) The customer must notify Co-bikes when ending a rental period in accordance with clause 8. Upon provision of this information, the chargeable rental period for the bike will end. The customer will receive confirmation by phone or on the display of the rental terminal. This shall mark the end of the rental period.

3) Customer service is to be informed immediately in cases of problems at the time of rental or return. Untimely notification of such shall mean that any associated claims are invalid.

6. Bike Condition

1) The customer is to make themselves familiar with the bike and the appropriate use of the rental bike before use.

2) The customer is obliged to check that the bike is in a roadworthy and safe condition before rental (in particular, but not limited to, screw and component fixings, frame condition, tyre pressure, brake system, lights and any impediment to the free turning of the wheels).

3) Should the customer find technical defects at the beginning of, or at any point during, the rental period, he/she is to immediately cease using the bike, notify Co-bikes customer service and to end the rental of the bike immediately. Defects such as tyre damage, rim defects or gear shift failures must also be reported directly.

7. Return and Parking of the Rental Bike

1) The bicycle must be parked in plain sight. The customer is obliged to follow road traffic and safety regulations when parking. Furthermore, he/she must ensure that the bike is parked safely, that other vehicles and or traffic is not obstructed and that no damage is done to third parties or their property. The kickstand is to be used whenever the bicycle is parked and the bike is to be placed in the provided bike racks at the rental station when applicable.

2) In particular, it is not permissible to park rental bikes at:

3) The rental bike must be locked when not in use, even if the customer leaves the bike unattended for only a short time.

4) Failure to comply will be subject to service fees according to the current price list available online at www.co-bikes.co.uk. Additionally, the renting customer shall be responsible for payment of any official fines incurred as a result of non-compliance with these regulations.

5) It is not permitted to park the bikes in buildings, backyards or vehicles for any length of time.

8. Returning of Rental Bikes

1) The returning of rental bikes outside the defined area of usage is not permitted. In general, this area is defined as the city in which the bike was rented.

2) The bike must be returned so that it is clearly visible (not hidden). The bike must be returned to a location published online (or on the app) and locked either using the manual lock provided or via the integrated electronic lock depending on the model of bike. The customer is to register their return with Co-bikes by telephone, mobile app, at a rental terminal (where available) or using an on- board computer (where available).

3) The customer must be able to provide this information to Co-bikes upon request for a period of 48 hours following the rental period.

4) Should the customer not return the bike at an official station as described above or provide false information or not return the bicycle correctly, a service fee will be charged by Co-bikes to the customer in accordance with the current price list as published on www.co-bikes.co.uk.

9. Liabilities

1) The customer uses the services provided by Co-bikes at their own risk. The customer takes full responsibility for damages caused by him/herself. The customer is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof. Claims made by Co-bikes’ liability insurer against a customer remain unaffected.

2) The customer accepts liability from the moment of receiving the lock code until successful return (max. 48 hours) or the bike has been rented by another customer. In cases of bike damage being discovered, the customer will be informed by Co-bikes immediately. The customer shall not be made liable for damages that the company did not inform the customer of within 48 hours following the end of the rental period. The customer is liable for damages resulting from theft of or damage to the bicycle for the 48 hour period following the rental, during which the bike will be checked by a Co-bikes employee. This liability shall amount to the specific material and labour costs up to but not exceeding an amount of £200. This liability limitation shall not apply in cases where the customer themselves has caused the damage intentionally or as the result of gross negligence. In such cases the amount of liability claims applicable shall be determined by the actual amount and real value of damage incurred.

3) The customer accepts liability for all costs and damages that occur due to non-compliance with their obligations as defined in these General Terms and Conditions.

4) Co-bikes is liable for intentional damages and gross negligence towards their customers.

5) For all other defaults of contractual obligations (contractual duty) the company shall be made liable only for reasonable damages. Co-bikes is not liable for damages to items or personal property transported using the bicycle. In all other cases liability on the part of Co-bikes is expressly excluded. Co-bikes shall not be liable in cases of improper and / or unauthorised use of the bicycle in accordance with section 2.

6) If the bicycle is stolen during the rental period, the customer must report the theft immediately to Co-bikes and to the police. The bike identification number must be provided. Co-bikes must be provided with the police department’s file number immediately.

10. Procedures in Cases of Accidents

1) In case of an accident, the customer is obliged to report the accident to both the police and Co-bikes immediately.

2) Should the customer fail to inform Co-bikes, the customer shall be liable for any damages sustained by Co-bikes.

11. Use of Customer Cards, e-tickets or Electronic Employee ID Card

1) If the customer uses a customer card issued by a Co-bikes partner as the access medium, he/she agrees, when using the card for the first time, that Co-bikes may request all customer data necessary for business processes from the co-operation partner .

2) When the validity of the customer card issued by a partner has expired, the customer account at Co-bikes shall be deactivated in cases where no means of payment has been recorded. Upon provision of a valid means of payment, the customer shall again be permitted to use the services provided by Co-bikes.

3) The customer may order a customer card for a nominal fee (see pricelist). This card serves as an access medium, e.g. at terminals and on-board computers (where available) and is valid for both regular and subscription tariffs.

4) A Co-bikes customer card is non-transferrable.

5) If the customer card is lost or stolen the customer must block the card by calling the hotline on +44(0)20 8166 9851. Replacement of the card is subject to a fee (see current price list).

12. Confidentiality of User Information

1) The customer is responsible for preventing unauthorised use of their personal data by third parties. This applies in particular to their personalised PIN/password.

2) Co-bikes expressly states that Co-bikes employees are not authorised to and will never request / ask for the customer password.

3) The customer may change their personal data at any time and as often as he/she wants.

4) Should the customer have reason to believe that his/her user data has been misused, they are to inform Co-bikes immediately.

5) A customer may deactivate their user account at any time, online or by calling the Co-bikes hotline.

13. Account Blocking

1) Co-bikes is entitled, at their own discretion and in particular in cases of misuse, to terminate this agreement and thereby exclude customers from using the Co-bikes services and bicycles.

2) The limitation of liability provided for in section 9 para. 2 shall not be valid should the customer allow the misuse of his/her customer data intentionally or by gross negligence.

14. Fees, Prices and Calculations

1) Co-bikes calculation of all fees and services shall be charged on the basis of the prices valid at the beginning of each individual use of a bicycle. Rental prices are available to view in the current price list.

2) Special rates (e.g. annual subscription or gift certificates) are valid for one bicycle per rental. These are also, in general, valid for and may only be used by the person to which they were specifically issued in accordance with the current price list.

3) The annual subscription is valid for 12 months. The validity is automatically extended by one year, unless the customer cancels the card in writing or by telephone 4 weeks prior to expiration.

4) Termination of a special tariff does not automatically result in deletion of the customer’s Co-bikes account. If this is desired, the customer may delete the customer account manually. This may be done in the personal customer profile found at www.Co-bikes.co.uk.

5) Co-bikes has the right to charge a penalty fee for misuse of the service as follows:

15. Payment and Delayed Payment

1) The customer is obliged to pay the billed amounts by means of a credit card or by electronic transfer (direct debit). The customer may change their preferred method of payment at any time.

2) Should the customer not be able to pay debts as they fall due, owing to insufficient funds in their bank account or for other reasons for which they are responsible, Co-bikes will charge the customer with the additional expenditure in accordance with the current price list published at www.co-bikes.co.uk, unless the customer is able to show that the actual expense incurred was lower. In individual cases and insofar as the customer is unable to show that the expense was indeed lower, the claims made by Co-bikes may be for, but not exceed, the actual amount of expense incurred.

3) If the customer defaults on a payment, default interest will be charged at a rate of 6 percentage points over the base interest rate. Administrative fees incurred shall also be charged to the customer.

4) If the customer defaults on a payment, Co-bikes shall be entitled to demand immediate payment of all further claims against the customer and discontinue the contractual services until the customer has satisfied all payments.

16. Billing, Renting Lists, Controlling of Rentals

1) Co-bikes charges fees to its customers according to the current rate and price list. A list of concluded rental processes (including costs and time periods) may be viewed by the customer in their account at www.Co-bikes.co.uk. This listing of all completed rental processes does not include items which are non-standard and cannot be included by the automated system (such as fees due to contractual non-compliance and / or other service fees).

2) Debiting of the customer’s account occurs automatically. Co-bikes does reserve the right, however, to demand payment by customers either by telephone or in written form.

3) Objections to debited charges must be submitted in writing to Co-bikes within one week of receipt of the invoice. Customer claims after expiry of this objection period, or in cases of rightful claims, remain unaffected. Any refunds due will be credited to the customer’s account and used to offset the next due payment unless other instructions are received from the customer.

4) The customer is entitled to offset claims against Co-bikes only if the claims are undisputed or non-appealable.

17. Terminations and Deletion of Customer Information

1) Both parties may terminate the contractual relationship at any time. The right to extraordinary termination is not affected by this provision. The customer is able to delete their customer account manually. This may be done in the personal customer profile found at www.co-bikes.co.uk.

2) Special rates (e.g. annual subscription) are linked to specific contractual periods. Conditions for termination of special rates are specified in section 14 para.

3) Upon termination of a special rate, the customer card may be returned to Co-bikes at 11-15 Dixs Field, Exeter, EX1 1QA.

18. Privacy Policy

1) Co-bikes is authorised to save customers’ personal data and to use that data only in compliance with the provision of the UK Data Protection Act 1998.

2) Co-bikes is entitled to disclose information about the customer to investigating authorities to the necessary extent, in particular the customer’s address, if the requesting authority submits proof that proceedings have been initiated against the customer for an administrative or criminal offence.

3) When payment is made by credit card, the customer’s credit card data will be transferred to our partner World Pay (The Royal Bank of Scotland) for verification and accounting of the rental fees. Following the registration process, credit card data is no longer visible for employees of Co-bikes. Further information regarding the use, administration and processing of personal information may be viewed in our Privacy Policy.

19. Further Provisions

1) These terms and conditions and the use of the Co-bikes services are governed by and construed in accordance with the laws of England and Wales.

2) Verbal agreements are not valid or legally binding.

3) Legal ineffectiveness of any part of these General Terms and Conditions does not affect the validity of the remainder of the document.

4) Should a provision of this GTC be or become ineffective or unfeasible, the validity of the remainder of the document and its provisions shall remain unaffected. A regular and valid provision which has the aim and purpose of the law with similar context shall be adopted in place of the invalid provision.

Status: July, 2016

 

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