COVID-19 Update. During the Covid-19 pandemic we ask that you do no use the bikes if you are suffering from any cold like symptoms. We also recommend the use of hand sanitiser or washing of hands before and after use, or consider the wearing of gloves whilst riding.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement the following words shall have the following meanings:
- App-Bike is the trading name for cycle hire scheme operated by Active Cycling Projects Ltd. Registered under the Companies Act in England and Wales number 8428383 and who registered address is The Old Store Mascalls Pound Farm Maidstone Road Paddock Wood Kent TN12 6LT
- App-Bike Bikes means bikes and possible accessories, offered by App-Bike to the Membership Holder
- List of Rates means the list of rates containing in Schedule 1. The list of rates can also be found on the website www.app-bike.co.uk
- Membership – the agreement between App-Bike and the person registered as the Membership Holder with App-Bike
- Membership Holder – is the person who has registered with App-Bike and has agreed to these terms and conditions.
In this Agreement, unless otherwise specified:
- The headings are for convenience only and shall not affect its interpretation
- Reference to the plural shall include singular and vice versa, and reference to one gender includes reference to all genders
2. SCOPE OF THE AGREEMENT
This Agreement applies to all Memberships to App-Bike cycle hire scheme and to all Rental Agreements.
3.1. To register as a Membership Holder:
- You must be 18 years or over
- Complete the registration form via the website www.app-bike.co.uk or within the app
- Have a valid UK bank account/debit/credit card
- Agree to these Terms and Conditions
3.2. App-Bike will provide a copy of the applicable List of Rates and the Terms and Conditions to the potential Membership Holder.
3.3. App-Bike will confirm the registration has been accepted.
3.4. The Membership Holder may terminate the Membership free of charge and without obligation to provide reasons up to seven working days following the formation of the Membership by notifying App-Bike in writing, provided no benefit or use has been made of scheme by the Membership holder.
4. DURATION, TERMINATION AND REFUND POLICY
4.1. The Membership period is determined by the type or level of membership. Pay and Go memberships are ongoing and do not expire.
4.2. The Membership will be automatically renewed at the end of the current membership period. Unless the Membership Holder notifies App-Bike in writing of their intention to terminate the Membership no later than 2 weeks before the end of the Membership.
4.3. The Membership Holder may terminate the Membership if the membership fee and/or the rental price of a App-Bike bike are increased and/or the Terms and Conditions are amended. In any event the Membership Holder must inform App-Bike of the termination in writing within 2 weeks of the announcement of the changes.
4.4. In the event of early termination, App-Bike will not refund the membership fee.
4.5. Both the Membership Holder and App-Bike can terminate the Membership if the other party fails to fulfil its obligations arising under this Agreement or the Rental Agreement.
5. OBLIGATIONS OF APP-BIKE
5.1. App-Bike will keep as many bikes available for the duration of the Membership as can be reasonably expected in order to meet the demand of the Membership Holders within the operating area.
5.2. App-Bike is not obliged to have bikes available for all Membership Holders at all times.
5.3. If and to the extent App-Bike uses the service of third parties, App-Bike will be responsible to ensure all obligations are met.
5.4. App-Bike is not liable for any loss and/or damages suffered by a Membership Holder as a result of a App-Bike Bike being unavailable for hire.
6. OBLIGATIONS OF THE MEMBERSHIP HOLDER
6.1. The Membership Holder is under an obligation to pay the membership fee until terminated in accordance with clauses 3.4 and/or 4.2 and 4.3.
6.2. The Membership Holder must notify App-Bike if they believe their membership has been compromised or used without their permission as soon as reasonably possible. Notification can be by using the App-Bike contact form.
6.3. The Membership Holder will be liable for the unauthorised use of the Membership until App-Bike are notified. The liability is limited to a maximum amount of £400. The Membership Holder is not liable for unauthorised use after they have notified App-Bike of the loss.
6.4. The Membership Holder is liable for the consequences of unauthorised use if App-Bike can demonstrate that the Membership Holder failed to fulfil the obligations in clause 6
7. THE SCOPE OF THE RENTAL AGREEMENT
7.1. A Rental Agreement is formed when the Member unlocks one or more App-Bikes (hereafter jointly and individually referred to as App-Bikes).
7.2. The Member is permitted to return an App-Bike Bike to the rental location within three minutes of unlocking the Bike if the bike is found to be defective. If the Member exercises this right, the Rental Agreement will be cancelled immediately and no charge will be applied.
7.3. The Membership Holder is permitted to rent multiple App-Bikes at the same time as their membership level permits. The Membership Holder is permitted to lend these App-Bikes to another person however they remain to fulfil all the obligations under the Rental Agreement and any other agreements.
8. DURATION AND TERMINATION OF THE RENTAL AGREEMENT
8.1. The Rental Agreement is in force from the moment the bike is initially unlocked by the Membership Holder until the bike is returned and locked at an App-Bike hub location, and rental end confirmed in the mobile app.
8.2. If for any reason, the Member is unable to return the App-Bike to a hub location, the Member must immediately inform App-Bike support to end the rental. The rental will end at the time App-Bike received notification.
8.3. The rental location referred to in Clause (7.2) is the location from which the App-Bike Bike was collected.
9. OBLIGATIONS OF APP-BIKE
9.1. App-Bike will ensure that the Member receives a App-Bike bike which is in good and sound condition, meets relevant legal requirements and is provided with the necessary means to enable the Member to protect the bike from theft. We will make regular checks on the bikes to ensure a quality of service.
9.2. Any third parties that App-Bike contract for the delivery of the rental service will meet the obligations of App-Bike under this Agreement.
10. OBLIGATIONS OF THE MEMBER
The Member is obliged as follows:
10.1. If the Member is not the same person as the Membership Holder the provisions of Clause and 5 and 6 of these Terms Conditions apply mutatis mutandis.
10.2. If the Member is the same person as the Membership Holder, the Member is obliged to pay the rental sum, in accordance with Clause 6.1 and observe the provisions of Clause 6.
10.3. Before using the bike, the Member hiring the bike will subject the App-Bike bike to a visual check and will report any observable defects directly to App-Bike via the mobile App.
10.4. The Member will exercise due care when using the App-Bike. When storing the bike, the Member must always lock the bike using all locks supplied.
10.5. The Member must:
- Make no changes to the App-Bike bike.
- Observe all traffic signs, signals and abide by the Road Traffic Act 1988
- Use the Bike reasonably, considerately and responsibly
- Take reasonable care of the Bike
The Member must not:
- Use the Bike to provide or operate a courier service or business
- Give, lend or sell the Bike to any other person
- Damage, deface or vandalise the Bike or any of our equipment or property in any way
- Load the cycle with a total weight of more than 5Kg in the front carrier and if fitted 20kg in the rear carrier
- Cycle with more than one person at any time
- Cycle with children or animals or persons
The Member must not carry:
- Dangerous, hazardous or flammable substances
- Any object that may cause injury to you or injury or offence to any other person or likely to cause injury or offence to any other person or likely to cause damage to the Bike, any other person or property, or prohibited by law
The Member must not:
- Use the bike for racing, or stunt or trick-riding
- Dismantle or tamper with the cycle or anyway attempt to do so
- Add or attach a trailer to the Bike or use the Bike in an anti-social manner, i.e. a manner that causes or likely to cause harassment, alarm or distress to others
11. DAMAGE AND REPAIRS OF THE APP-BIKE.
11.1. Repairs to the App-Bike are undertaken by App-Bike of its authorised contractor. If the repairs are necessary because the bike has been misused or damaged by the Member, App-Bike immediately charge for the coast of repair of damage caused whilst on rent to the Membership Holder, and will notify the Membership Holder in writing of the nature of the damage and the costs of repairs. The Membership Holder has 7 days to dispute the costs and/or damage in writing to App-Bike. If the Membership Holder does not dispute the costs and/or damage
11.2. The Member is not permitted to repair or have the App-Bike repaired by anyone other than by App-Bike nominated maintenance contractor.
11.3. If damage occurs to the App-Bike bike during the rental period, the Member is obliged to return the damaged App-Bike to the nearest rental hub location unless other arrangements have been made after the damage has been reported.
11.4. The Member must report damage to the App-Bike firstname.lastname@example.org or the in app messaging function as quickly as reasonably possible.
12. LOSS AND THEFT
12.1. The Member must report the loss of theft of a App-Bike and/or the App- App-Bike as quickly as is reasonably possible via the App-Bike contact form. The Member also needs to report the theft to the police.
12.2. During the rental period the Membership Holder is responsible for any damage caused by loss or theft of the App-Bike bike up to the maximum of £400 per incident.
12.3. The Membership Holder is only liable for £50 per incident if the Member has locked the App-Bike bike using all locks supplied and obtained a crime reference number as proof the matter has been reported to the police as well as reporting to App-Bike.
13. DATA AND COMMUNICATION
13.1. The Membership Holder is responsible for the accuracy of the data and information he provides to App-Bike.
13.2. The Membership Holder will state on registration whether they wish to receive marketing/promotional information from App-Bike.
13.3. The Membership Holder is responsible for updating such information, such as a new address and/or email address by the secure section of the website www.app-bike.co.uk, or within the app, or by contacting us directly.
13.4. The Member is obliged not to disclose to any other person any pin codes and/or password(s) provided to him.
13.5. App-Bike agrees that it shall comply with the provisions of the Data Protection Act 1998 in relation to data received by App-Bike under this Agreement and that it shall only process personal data received in accordance with the Data Protection Act 1998.
14.1. On completing the registration form, the Membership Holder authorises App-Bike to automatically debit amounts owed (including any membership fee and rental amounts).
14.2. The Membership Holder can view a breakdown history of the rental and membership charges via the mobile app or App-Bike website.
14.3. The rental amounts owed will be debited at the end of each rental.
14.4. The amounts owed will be collected by from a bank account or credit card.
15.1 App-Bike and it’s partners will not liable for any direct or indirect damages to and/or of the Member caused by use of the bike. This includes items being trapped or snagged on the bike, and injuries caused whilst using the bike.
15.2 App-Bike and it’s partners cannot be liable for any consequential loss or damage arising out of the fact that the Member was temporary unable to use a Bike. In the event of such a situation, the Member will not be charged the rental price for the rental period concerned unless circumstances as described in clause 15.1 apply.
15.3 The Member indemnifies App-Bike and it’s partners from claims, losses or damages caused to third parties for damage as referred to in clause 15.1.
16.1. Complaints with regards to the performance of the Agreement(s) must be submitted in a timely fashion via the App-Bike contact form. Complaints submitted within 10 days will be considered.
16.2. App-Bike will acknowledge receipt of the complaint with 5 working days.
16.3. App-Bike will respond to the Membership Holder within 28 days of receipt of the complaint.
17.1 App-Bike reserve the right to amendment this Agreement and/or the List of Rates.
17.2 App-Bike will announce any changes to this Agreement and/ or the List of Rates 2 weeks prior to them taking effect on the website www.app-bike.co.uk.
17.3 App-Bike will notify the Membership Holder of any changes to this Agreement and/or List of Rates by sending an email to the nominate email address or by sending a letter to the Membership Holder.
18. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
Schedule 1 Rental Rates
PAY AS YOU GO : £2.50 per hour per bike subject to a maximum daily amount displayed on bike, normally £15 or £17.50.
Monthly Membership : £15 per month. 1hrs free use per day then £2.50 per hour per bike thereafter subject to a maximum daily amount displayed on bike, normally £15 or £17.50.
Annual Membership : £70 per year. 2hrs free use per day then £2.00 per hour per bike thereafter subject to a maximum daily amount displayed on bike, normally £15 or £17.50.
Premier Mariner Berth holder Rate : £35 per year, 2hrs free use per day then £2.00 per hour per bike thereafter subject to a maximum daily amount displayed on bike, normally £15 or £17.50.
- Name and surname.
- Date of birth
- Company Name
- Address details (consisting of street name + house number + zip code)
- Telephone number (mobile or landline)
- E-mail address
- Bank details
- To be able to call or e-mail you if necessary to perform our services.
- To inform you about changes to our services and products.
- To deliver or provide goods and services to you.
- Data can also be used for promotional or marketing purposes, which are proportional to the type of service provided by App-Bike. For example, to inform you via our newsletter about a new activity of App-Bike. If you do not want to be contacted via our newsletter, you can indicate this in the newsletter by clicking “unsubscribe” at the bottom.