E-Bike Hire Agreement

1. Interpretation

1.1 The following definitions and rules of interpretation apply in this agreement.

• Agreement means the terms and conditions of hire and the condition record in this agreement.
• Authority means Pembrokeshire Coast National Park Authority, National Park Office, Llanion Park, Pembroke Dock, Pembrokeshire. SA72 6DY.
• Commencement Date means the date and time that the Customer unlocks the E-Bike pursuant to the terms of this Agreement and risk passes under clause 12.2.
• Customer means the person named in the booking confirmation generated by the Smartphone App, who is responsible for each E-Bike they hire during the period of hire.
• Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including UK GDPR and the Data Protection Act 2018 (and regulations made thereunder).
• Delivery means the transfer of physical possession of the E-Bike to the Customer, being at the point when the Customer takes the E-Bike from the E-Bike Station.
• E-Bike means each electronic bicycle bearing the identification number stated in the booking confirmation generated by the Smartphone App.
• E-Bike Station means the E-Bike collection and drop off location marked on the map within the Smartphone App.
• Material Breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the Authority would otherwise derive from a substantial portion of this Agreement, over the term of this Agreement. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
• Parties means the Authority and the Customer, and “Party” means either one of them.
• Rental Payments means the payments made by or on behalf of Customer for hire of the E-Bike in accordance with the booking details generated by the Smartphone App.
• Rental Period means the period of hire as set out in clause 6.
• Rental Zone means the marked and geo-fenced area shown within the Smartphone App.
• Smartphone App means the mobile application ‘MOQO’ by Digital Mobility Solutions GmbH.
• Total Loss means the loss, irreparable damage, theft, confiscation or seizure of the E-Bike due to the Customer’s default.
• UK GDPR has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
• VAT means value added tax chargeable under the Value Added Tax Act 1994 or any equivalent tax chargeable in the UK.

1.2 Clause headings shall not affect the interpretation of this Agreement.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.

1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.5 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.7 A reference to writing or written includes e-mail.

1.8 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.9 References to clauses are to the clauses of this Agreement.

1.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. General

2.1 The Customer agrees to:

(a) hire the E-Bike;

(b) pay the Rental Payments

(c) return the E-Bike in accordance with clause 10; and

(d) accept the terms and conditions of this Agreement

2.2 The Customer shall during the Rental Period:

(a) accept complete responsibility during the period of hire for the safe custody of the E-Bike and for any loss, theft or damage to it (howsoever caused).

(b) be responsible for the security of the E-Bike and must always lock the E-Bike rear wheel using the Smartphone App whenever the E-Bike is unattended and keep the E-Bike safe.

(c) notify the Authority immediately of any loss, theft, damage or accident to the E-Bike and in the case of theft or an accident involving any other party or vehicle, to the nearest police station.

3. Registering the smartphone app account

3.1 Application for registration is possible via the Smartphone App. In order for registration to be valid, the Customer must be 18 years of age at the time when the application is approved.

3.2 The following data shall be deemed mandatory in order to register with the Smartphone App: name, address, phone number, date of birth and email address. If any of the above data is found to be false, the Authority reserves the right to close the account.

3.3 Following receipt of all relevant personal data, the Smartphone App provider decides whether or not to accept and approve the application following verification of the data provided.

3.4 Approval of the application shall result in the issuing of an activation notice. This notification may occur in return form, telephonically, via email, SMS or on the Smartphone App.

3.5 Upon registration, the Customer shall receive a personal identification number (PIN) which they may use to log into the Smartphone App.

3.6 Registration is free of charge. A valid means of payment must be provided prior to the time of E-Bike rental.

3.7 Prepaid cards and virtual cards or virtual credit cards numbers are not accepted on the Smartphone App.

3.8 The Customer is obliged to inform the Authority immediately of any changes to their personal information. This includes personal data and information regarding payment methods (e.g. address or credit card information).

4. Booking an E-bike

4.1 E-Bikes available to be hired will be located at the E-Bike Station and booked using the Smartphone App.

4.2 Each Customer may only hire up to four (4) E-Bikes on their customer account at a given time.

4.3 The Customer is responsible for making themselves familiar with the condition and the appropriate use of the E-Bike before rental.

4.4 The Customer is obliged to check before use that the E-Bike is in a roadworthy and safe condition, as much as is reasonably possible. The Customer will be prompted on the Smartphone App to tick a box which confirms that they have inspected the bike and it is free from any defects.

4.5 Should the Customer find any defects or deficiencies at the beginning of, or at any point during the Rental Period, they must notify the Authority using the Smartphone App (including photographic evidence), end the rental and stop using the E-Bike immediately.

4.6 It is the Customer’s responsibility to check the level of charge power of the E-Bike and make certain that it is adequate before initiating rental/usage of the E-Bike.

4.7 The level of charge remaining in the battery of the E-Bike will decrease with usage (in regards to time and distance). As the level of power decreases, the speed and other operational capabilities of the E-Bike may decrease.

4.8 The level of charge of the E-Bike at the time of the Customer’s rental is not guaranteed and may vary with each rental. Likewise, the rate of loss of charging power during usage of the E-Bike is not guaranteed and shall vary based on a number of factors (e.g. geographic terrain, weather conditions and other factors).

5. Rental payments

5.1 Upon successfully returning the E-Bike in accordance with clause 10, the Customer’s card which is stored on the Smartphone App shall be charged with the Rental Payment.

5.2 The customer may change their preferred method of payment at any time.

5.3 The Rental Payment shall be calculated in accordance with the Rental Period, and the fees will be set out within the Smartphone App.

5.4 The Rental Payments are inclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Customer at the rate and in the manner from time to time prescribed by law.

5.5 All amounts due under this Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. Rental period

6.1 The Rental Period starts on the Commencement Date and shall continue for the agreed hire period unless this Agreement is terminated earlier in accordance with its terms.

7. Customer’s responsibilities

7.1 The Customer shall during the term of the Rental Period:

(a) Accept that riding the E-Bike has risks and confirms that they are a competent cyclist who will obey all road and traffic laws and regulations, including the Highway Code, at all times whilst using the E-Bike

(b) Confirm that they are in good general health and that their eyesight is to the standard required to pass a standard UK car driving test

(c) Wear a helmet and use other appropriate safety equipment and clothing when riding the E-Bike

(d) Operate the front and rear lights on the E-Bike in hours of reduced natural light

(e) Follow any reasonable instruction given by the Authority

(f) Agree that they will not use the E-Bike for any unlawful purpose

(g) Accept that they will be responsible to the Authority for any loss, theft, damage or failure to return the E-Bike by the time and date specified on the Customer’s booking confirmation generated by the Smartphone App except where this is due to the negligence of the Authority.

7.2 The Customer must notify the Authority of accidents immediately via telephone:  01437 720392 or in person at the Authority’s visitor centre. In cases of accidents involving not only the Customer, but also third-party property or other persons, the Customer is also obliged to report the incident to the police immediately. Failure to do so on the part of the Customer shall result in the Customer being liable for damages incurred by the Authority owing to infringement of said obligation.

8. Terms and conditions of use

8.1 The E-Bikes may NOT be used:

1. by persons who are younger than 18 years
2. to transport illegal, flammable, explosive, toxic or dangerous materials or substances
3. to carry other persons, in particular young children
4. for journeys outside of the Rental Zone
5. for hiring to third parties
6. by individuals under the influence of alcohol or drugs (zero legal (alcohol) limit)
7. for any purposes other than the Customer’s private use (e.g. the completion of any business activities). The improper use of the E-Bikes under this section shall include but not be  limited to the usage of the E-Bikes to complete any activities that are related to or can be defined as a delivery business)
8. on any walkways, footpaths or roads which are signposted to prohibit access on bicycles

8.2 E-Bikes may not be placed in any form of transportation.

8.3 Freehand (“no-hands”) operation of the E-Bikes is not allowed at any time.

8.4 The use of E-Bikes in unfavourable or otherwise adverse weather conditions, (e.g. strong wind, rainy weather, stormy weather) is at the Customer’s own risk and the Authority advises the Customer NOT to use the E-Bike in such conditions. There may be weather conditions in which the Authority reserves the right to restrict all uses of the E-Bikes, and Customers shall be notified of this accordingly.

8.5 It is forbidden to use the E-Bike basket in an improper manner or overload it (maximum allowable load: 5kg). The Customer is obliged to ensure that all transported goods and items are properly fastened and secured at all times.

8.6 Modifications or alterations to the rental E-Bike by the Customer are not allowed.

8.7 If a Customer is found to have provided an E-Bike to a third party to use, the Customer guarantees that the third party shall comply with the terms and conditions of this Agreement. The Customer is responsible for the actions of any third parties they allow to use the E-Bike to the same extent as for their own actions. Under no circumstances shall the Customer provide the E-Bike to be ridden by a third party under the age of 18 years.

8.8 The Customer acknowledges and accepts that the E-Bike is the property of the Authority and other than the Customer’s right to use the E-Bike in accordance with the terms of this Agreement, this Agreement does not confer any right, title or interest in the E-Bike.

9. Parking E-bikes during the rental period

9.1 Customers are NOT allowed to park E-Bikes:

a) at traffic lights,

b) at parking ticket machines or parking meters,

c) at traffic signs,

d) on walkways and/or footpaths which are thereby reduced to a width of less than 1.50 meters,

e) in front of, in or near emergency exits and fire department service zones,

f) where the E-Bike blocks local advertisements,

g) by locking the E-Bike at fences of private or public buildings,

h) on train and or bus platforms,

i) in buildings, backyards/courtyards or within any type of vehicles at any time,

j) on guiding paths for the blind,

k) at or in front of post boxes,

l) in front of doors or gates or in their swivel range,

m) in or in front of driveways

9.2 The E-Bike must be safely parked using the kickstand and locked properly when not in use, even if the Customer leaves the E-Bike unattended for a short period of time.

9.3 The Customer is responsible for payment of any official fines and/or claims on the part of any third parties incurred as a result of non-compliance with this Agreement or legal regulations.

10. Returning the E-BIKE

10.1 E-Bikes must be returned by the Customer to the E-Bike Station prior to the end of the Rental Period.

10.2 The E-Bikes operate with geo-fencing, which tracks the E-Bike’s location within the Rental Zone. The Smartphone App should prompt the Customer to confirm the return and use the locking system upon entering the proximity of the E-Bike Station.

10.3 The E-Bike’s kickstand must be used when returning the E-Bike to the E-Bike Station.

10.4 The Customer must inform the Authority that the rental period is being ended as well as of the exact location of the return (station name/number bike location/GPS coordinates). This is done automatically upon returning the E-Bike via the Smartphone App.

10.5 The Customer must check on the Smartphone App that the return is successfully logged.

10.6 Upon confirmation of the E-Bike return, the Rental Period shall expire, and no further Rental Payments shall be incurred. The official end of the Rental Period shall be marked with the receipt of information by the Customer via the Smartphone. The Authority must be informed about any problems immediately. Notification at a later stage may result in any associated recourse claims being rendered invalid.

10.7 Should the Customer fail to return the E-Bike to the E-Bike Station, the Customer will be liable to reimburse the Authority all costs associated with replacing the E-Bike.

10.8 Following the successful return of the E-Bike, if the Customer wishes to reuse the returned E-Bike they shall be required to initiate a new rental process.

11. Authority liability

11.1 The Authority is not liable for damage to any items carried in the E-Bike basket during the Rental Period unless the damage was due to the negligence of the Authority.

11.2 Subject to clause 13, the Authority shall not be liable in cases of improper and/or unauthorized use of any E-Bike hired by the Customer.

12. Customer liability

12.1 Subject to clause 11 and clause 13, use of the E-Bikes during the Rental Period is at the Customer’s own risk. The Customer takes full responsibility for damage caused by themselves or any third party. The Customer is solely responsible for any claim made by a third party resulting from actions or events occurring during the Rental Period.

12.2 The Customer accepts all risks arising from the possession and use of the E-Bike from the moment they receive the lock code or the E-Bike automatically unlocks until it is returned in accordance with this Agreement.

12.3 Without limiting the scope of Clause 12.1, if the E-Bike is stolen or damaged, the Customer remains liable according to the costs for material and labour costs for any repairs or recovery of a stolen E-Bike to an amount up to but not exceeding the cost of a like-for-like replacement E-Bike to that used by the Customer.

12.4 The Customer or those to whom they provide the hired E-Bikes are liable for the consequences of traffic offences or criminal offences committed by them during their use of the E-Bike during the Rental Period. They shall bear all resulting costs and indemnify the Authority against any claims arising out of or in connection with traffic offences or criminal offences under this clause.

12.5 If the E-Bike is stolen during the Rental Period, the Customer must report the theft immediately to the police and then to the Authority via telephone: 01437 720392, and via an email to: info@pembrokeshirecoast.org.uk

12.6 The Authority may terminate this Agreement (or suspend the hire of any E-Bike) if the Customer breaches the terms of this Agreement and it may exclude the Customer from future booking of an Authority’s hire scheme from time to time.

12.7 Information obtained by the police regarding non-compliance with this Agreement, any applicable laws or regulations, while the Customer or any user under their account are using an E-Bike may be disclosed to the Smartphone App provider, whom may use such information to exclude or suspend the Customer from their account.

12.8 The Authority reserves the right to collect any amounts due payable by the Customer to the Authority under this Agreement by withdrawing payment from the Customer’s bank account (the details of which are stored within the Smartphone App).

13. Limitation of liability

13.1 Subject to clause 13.2, the Parties’ maximum aggregate liability for breach of this Agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, delict (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the aggregate replacement value as new of the E-Bikes hired by the Customer in pounds Sterling.

13.2 Nothing in this Agreement shall exclude or in any way limit:

(a) a Party’s liability for death or personal injury;

(b) a Party’s liability for fraud or fraudulent misrepresentation;

(c) the indemnity given under clause 12.4 of this Agreement; or

(d) any other liability which cannot be excluded by law.

14. Termination and deletion of customer information

14.1 Without affecting any other right or remedy available to it, the Authority may terminate this Agreement with immediate effect by giving notice to the Customer if:

(a) the Customer fails to pay any amount due under this Agreement on the due date for payment; or

(b) a Material Breach is committed of any other term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach upon verbal or written request by the Authority.

14.2 This Agreement shall automatically terminate if the E-Bike is, in the reasonable opinion of the Authority, judged to be a Total Loss.

14.3 Customers have a 30-minute grace period to unlock access to the E-Bike which they have paid the Rental Payment for. Failure to access the E-Bike within 30 minutes will result in an automatic booking cancellation and no refund will be available, save for where the Customer was unable to access the E-Bike due to the fault of the Authority.

14.4 Following termination of this agreement for whatever reason, clauses which expressly or by implication have effect after termination shall continue in full force and effect.

14.5 The Customer may deactivate their Customer account by requesting to do so on the Smartphone App. An account shall only be deactivated by the Authority once all debts have been paid and no obligation to the Authority exists from the Customer.

14.6 Once the Customer’s account has been closed, the Customer’s personal data may be retained in accordance with the Authority’s Privacy Policy. The Authority reserves the right to use personal data to meet any financial requirements/obligations that are due by the Customer to the Authority (this may include but shall not be limited to the payment of any outstanding amount on a Customer’s account).

14.7 The deactivation of an account shall mean that an account is closed. If a Customer wishes to use this account again, they will be required to go through the registration process again.

15. Customer data and privacy policy

15.1 The Customer may update the personal data anytime and as often as required to ensure an accurate record is maintained on the Smartphone App at all times.

15.2 Should the Customer have reason to believe that their user data has been compromised or misused, they should inform the Authority of this fact immediately.

15.3 The Authority and Smartphone App provider each collects stores and uses Customers’ personal data where it is necessary to: 1) fulfil its contractual obligations, 2) enable the performance of the contract between the Customer and the Authority, 3) to verify the information provided in relation to the Smartphone App registration or 4) to fulfil any other legal duty of the Authority or Smartphone App provider.

15.4 The Authority and Smartphone App provider are obligated to use that data only in compliance with the provisions within the Data Protection Legislation.

15.5 The Authority and Smartphone App provider shall be entitled to disclose information about the Customer to investigating authorities and to the necessary extent, in particular the Customer’s address, should proceedings be initiated against the Customer for a civil or criminal offence which relates to their E-Bike hire under this Agreement.

15.6 For the purpose of payment, the Customer’s payment data will be directly collected and processed by the Smartphone App’s external payment service provider, Stripe Inc., for the purpose of verification including credit verification. Further information on the protection of the Customer’s payment data can be found in the privacy policy of Stripe Inc. Following the registration process, the Customer’s payment data is no longer visible to employees of the Authority. Any of the Customer’s payment data that the Authority receives from Stripe Inc. will be retained for so long as necessary to meet the Authority’s statutory obligations and any obligations owed to it by the Customer under this Agreement.

15.7 Subject to clause 15.6, the Customer’s personal data stored within the Smartphone App will be retained for a period of 3 months following their last activity on the Smartphone App. In the event that any claims are made or anticipated to be made in connection with the Customer’s use of E-Bikes under this Agreement, the retention period of their personal data may be extended until claims have been concluded in full to the satisfaction of the Authority. Once concluded, the Customer’s personal data shall be deleted following a period of 3 months.

15.8 Further information regarding the use, administration and processing of personal information may be viewed in our Privacy Policy online.

16. No assignment

16.1 This Agreement is personal to the Parties. Neither Party shall assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

17. Entire agreement

17.1 This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

17.2 Each Party acknowledges that in entering into this Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.

17.3 Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

18. Variation

18.1 No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).

19. No partnership or agency

19.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party, the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.

19.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person.

20. Severance

20.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

21. Governing law and jurisdiction

21.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales

21.2 Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.