BIKE2USE TERMS & CONDITIONS
INFORMATION ABOUT US AND HOW TO CONTACT US
1. These terms and conditions apply to your registration to and/or use of the Bike2use bike sharing scheme provided by Bike2use. Bike2use is a company registered in Spain. Our company registration number is KvK: 37119783 and our registered office is FOCUS CALL, S.L.U., C.I.F. ESB42544569, Av. Trenc d´Alba, número 13-BJ, 03730 Xàbia (Alicante)
If we have to contact you we will communicate through the App or by writing to you.
2. TERMS WITH DEFINED MEANINGS
2.1 In the terms the following words have the following meanings:
App: means the Bike2use app downloadable from the App Store and the Google Play Store.
Bike: means a bike made available for hire by Bike2use.
Charges: the charges payable by you in respect of bike hire and any additional charges that may be payable in accordance with paragraphs 5, 6 or 13 below.
Registered User: refers to a person who has registered to use the Bike2use service by providing us with certain personal and payment details when registering for an account with us.
We, our and us: refers to Bike2use.
You, your: refers to a user of the Bike2use service.
3. BIKE2USE TERMS
3.1 These are the terms and conditions on which we offer bike hire and related products, services and digital content.
3.2 We reserve the right to refuse Bike2use membership at our complete discretion.
3.3 Please read these terms carefully. These terms tell you who we are and more information about our services and the charges applicable.
3.4 You must be 16 or over to set up a Bike2use account and hire a bike.
3.6 We reserve the right to suspend your account at any time for your suspected failure to comply with these terms and conditions.
3.7 We may amend these terms and conditions, our Charges and details of the Bike2use service from time to time. In these circumstances, you may be eligible for a refund of certain Charges that you have paid us in accordance with our refund policy.
3.8 No staff member other than a company director has authority to make individual exceptions or amendments to your contract with us.
3.9 We will always try to run a reliable service. Sometimes our bike hire service will be unable to operate for reasons beyond our reasonable control.
3.10 We offer no guarantee that a bike will be available when needed. All bike hire is subject to availability.
4. HIRING AND RETURNING BIKES
4.1 You may unlock a bike by entering the 7 digits bike number. The bike’s identification number is on both sides of the bike.
4.2 When you have finished riding the bike, you must park it at any of the recognised public cycle parking spaces identified on our map. If a bike is not parked in one of these identified spaces then it is either deemed mis-parked or lost. You must park your bike in a tidy, unobtrusive manner (and according to the local rules and laws of the city) such that it does not obstruct pedestrian or vehicle traffic.
4.3 To park the bike, place it next to a bike rack, engage the lock and tap on End Journey on the App.
5. BIKE USAGE CHARGES
5.1 You must have a minimum of 1 € credit on your e-wallet or have a valid membership to be able to unlock a bike.
5.2 We charge 61€ per half an hour or part of half an hour for our bike hire.
5.3 You need to provide a valid debit or credit card, which is either a VISA, Visa Electron, Mastercard or Amex and which is accepted by us and from which we can deduct the Charges.
5.4 If your e-wallet goes into debit, we shall take payment from your payment card to bring your balance into credit.
5.5 During the period of you being a registered user, you agree not to cancel your payment card without first telling us and providing an alternative payment card from which we can collect the Charges.
5.6 Bike2use bonus credit is not transferable or refundable.
6.1 Memberships allow the member up to more then one rides a day (see information about prices)
6.2 If you exceed this daily allowance as a member, you will be charged € 1 per ½ hour in accordance with our standard usage fee.
6.3 You may purchase a “Day Pass”
6.4 The memberships and the Day Pass shall commence at the point of purchase.
6.5 The memberships and the Day Pass shall automatically expire at the end of the relevant period. Upon expiration, you continue to be a registered user and have the option to purchase another membership or Day Pass.
6.6 You may cancel your Yearly membership to the Bike2use service at any time within 14 days of first becoming a member. If you cancel your membership early, we will deduct our fees for your use up to the point of cancellation, calculated on the basis of our standard 1 € per half an hour or part of half an hour fee. No refund will be given in respect of any cancellation after this 14 day period.
7. PERIOD OF USE
7.1 Bike2uses should not be used for more than 24 consecutive hours. 24 consecutive hours is the maximum period of use.
7.2 You must park and lock the Bike2use at a recognised public cycle parking prior to the end of the maximum period of use.
7.3 The bike is deemed lost and Charges shall apply should the maximum period of use be exceeded.
8. BIKE FAULTS
8.1 We ask that you carry out a visual inspection of the bike before unlocking it. Also, if you discover any problems with the bike once unlocked, you have five minutes from unlocking to return it to a recognised parking area. If you report the fault to us using the App you will not be charged in this instance, provided the bike is returned within the five minute grace period.
8.2 If you find a fault with the bike while cycling, please bring the bike to a stop when safe to do so and return the bike to the nearest recognised public cycle parking and lock it. Please report this fault to us on the app. We ask that you do not attempt to cycle the bike when there is a fault as this is neither safe for you nor for other road users.
9. USER OBLIGATIONS
9.1 You are responsible for keeping the bike safe at all times whilst it is in your possession or control.
9.2 You agree to use the bike safely and responsibly and in accordance with applicable laws and regulations including the Highway Code.
9.3 You shall comply with all policies we have in place from time to time regarding your bike hire and use of the Bike2use service.
9.4 You are responsible for all items you transport on a bike.
9.5 You must return the bike in the same condition as when you unlocked it, except for fair wear and tear.
9.6 We may occasionally need you to provide us with information regarding your use of a bike. If requested, you agree to provide details of your full name and address and details of each specified bike hire, including in respect of your use of the bike and the route taken.
10. BIKE USAGE RESTRICTIONS
10.1 You must not:
10.1.1 allow any other person to ride the bike and you must not carry any passengers, including animals;
10.1.2 tamper with, modify or attempt to disassemble the bike in any way and you must not add any accessories or other additions to the bike;
10.1.3 damage the bike;
10.1.4 lock the bike other than in accordance with Bike2use’s instructions;
10.1.5 use a bike for any business purposes;
10.1.6 load the bike with a total weight of more than 120 kilograms;
10.1.7 carry any illegal or dangerous objects;
10.1.8 use the bike in a reckless or dangerous manner and you must not use the bike for any kind of stunts or tricks; or
10.1.9 use the bike in connection with any illegal, immoral or disorderly conduct.
If you refer Bike2use to a friend who subscribes to an annual membership we will give you a one month extension on your membership or give you a one month membership if you are a pay as you go user.
12.1 We have arranged public liability insurance for all bike hires to cover potential liability (with up to €2m indemnity and an excess of € 250 on each claim) in respect of injury to a third party or accidental damage to the physical property of a third party arising from your use of a bike. For the avoidance of doubt, this does not cover loss or theft or any damage caused to the bike. The Public Liability Insurance is limited in scope and amount and subject to various exceptions.
12.2 The Public Liability Insurance is included as part of your bike hire and it is not possible for you to opt out of it.
12.3 It is important to note, where you are eligible to benefit from the Public Liability Insurance in respect of a claim by a third party, you are responsible for paying the excess of € 250
12.4 If you are involved in an accident or injury is caused to someone or damage is caused to something while using a bike, you must stop cycling when it is safe to do so, notify us of the incident and we will provide you with instructions in respect of any claim under the Public Liability Insurance.
13. OTHER CHARGES
13.1 If you damage a bike we will charge you a repair fee, payable on demand, of up to a maximum of € 250
13.2 If you lose a bike you shall immediately pay us € 250
13.3 You hereby authorise us to deduct these payment from the payment card registered to your Bike2use account.
14. COMPLAINTS AND DISPUTES
14.1 Complaints and disputes are handled according to our Complaints Handling Policy. We have 14 days to reply to an initial complaint. You agree to provide us with any information we may request to help in our investigation.
14.2 These terms and conditions shall be governed by Spanish Law.
14.3 If a dispute arises between you and us and you want to take court proceedings, you must do so at a court in Spain.
15. FURTHER INFORMATION
15.1 Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.
15.2 You may not transfer any of your rights under these terms and conditions to any other person.