London General Terms and Conditions (“GTC”)
Hello from freebike – we operate and manag electric bikesharing systems. We do hope you will enjoy using our high tech fleet of dockless electric freebikes. Before you join our service, we ask that you review and accept our Terms and Conditions. Please read this document carefully. Its contents set out the conditions for the use of our mobile application, website, and bikesharing service. Acceptance of the Terms and Conditions and use of our service means that the Client agree to being legally bound to the agreement set out in this document.
1. General Provisions
1.1 These General Terms and Conditions (GTC) govern the mutual rights, obligations and principles of a contractual relationship (hereinafter the Agreement) based on use of the freebike bikesharing system between a Client and Freebike Limited, registered Company number 11624790, and registered office address; Waterston House, Lower Waterston, Dorchester, Dorset, United Kingdom, DT2 7SP (hereinafter “freebike”, “the Company”, “Us”, “Our”, “We”) . The Company communicates with the Client and rents him/her a Bike via the system of shared freebikes.
The “Client” The Client is a natural person who has entered into a subscription agreement with the Company and by agreeing to these Terms and Conditions and consequently may use the freebikes and the freebike System.
“freebike” (also “Bike) freebike is an electric assist pedelec developed by Homeport s.r.o, and available for rental through the “App”, as part of a bikesharing service by registered Clients.
The “System” (also “Service” or “Services”) is the provision of bikesharing services enabled by the freebike, the freebike App, the local freebike website found at www.freebike.com , the Stations and the local service operations and all information, software and support services.
The “App” - The App is the mobile application consisting of proprietary software, developed by Homeport s.r.o and downloaded from the Apple Appstore for Apple devices and from Googleplay for Android devices under the name of freebike that Clients can use to access the freebike service (including freebike rental, viewing Virtual Stations, Geofenced Boundaries, No Park Zones, and previous rentals).
The “Tariff” –The Tariff the detailed pricing and specific conditions that the Client agrees to accept. Proper activation and acceptance of a Tariff is a necessary condition for the Client to rent and use a freebike. Different Tariffs may be suitable for different types of use (e.g. irregular, regular, one-off etc.). A single Tariff can simultaneously cover both Active and Pause Rental status, and there may be different pricing and conditions for both status types.
“Rental” is the period of time where the Client has unlocked the freebike with the purposes of cycling it and may include the periods when the Bike is in Pause status. A Client’s tariff may specify a maximum time period for a freebike Rental.
“Active Rental” is the period of time when the Client has unlocked the freebike with the purposes of cycling it and it is not in a Paused or Ended rental state. A Client’s tariff may specify a maximum time period that a Client can rent a freebike in Active Rental state.
“Pause” – Pause is a function of the freebike where the Client can temporarily suspend a Rental and keep the bike in a hold status. During Pause only the Client who instigated the Pause may access or ride the Bike. That same Client can unpause the Bike and continue an Active Rental. The condition of use of the Pause feature are connected to the Tariff and set out in the Price List
The ‘freebike Operating Area’ – this is the area, defined on the map in the App and the website and bounded by a Geofence where Clients can cycle the freebike. Clients must stay within the freebike Operating Area
“Geofence” – This is the border of the freebike Operating Area defined on the map in the App and the Website by a thick red line. Clients may not cycle outside of the Geofence and when they approach it the freebike will start braking, beeping and the lights will flash yellow. As resistance from the engine is applied to the wheels, the Client will be unable to cycle. The Client may be liable for a fine if they do not immediately return their bike within the geofence and end the rental in accordance with the Tariff conditions.
“Parking areas” – (also “Green Zones”) these are areas within the freebike Operating Area and shown on the App and the Website as unshaded, or clear colours within the Geofence where the Client is able to end a rental. The Client may be liable for an out-of-station fee if returning a bike within a Parking Area but outside a Station.
“Stations” are designated locations where the freebikes may be parked and Clients may end their rentals with no additional fee. A Station can either be a physical automated dispensing and receiving device (also “Docking Station) or a “Virtual Station” which is a location defined by GPS coordinates, sometimes marked by street signs or pavement markings and shown on the App and the Website . A Station is identified in the App by a rectangular icon which shows the number of freebikes in the Station and total number of freebikes allowed to park there.
‘Red Zones’ – Red Zones are areas within freebike’s Geofence where the Client may cycle within but is forbidden to end a rental. Instead the Client may Pause the bike within Red Zones but he/she must return the freebike to a Parking area with the timeframe stipulated by the Client’s Tariff.
“Geofence Boundaries” – This is the border of the freebike operating area outside of which the Client is prohibited from cycling. Going beyond the Geofence Boundaries will result in the freebike providing resistance to the Client, and the Client liable for a charge if they do not immediately return their bike within the geofence and end the rental in accordance with the Tariff conditions.
“Price List” is the list of Tariffs or fees as found in the App and on the website and attached to these Terms & Conditions (GTC).
1.3 The Agreement between the Company and the Client is entered into at the moment of the takeover of the Bike by the Client registered in the System in the manner described in these GTC.
2. Basic Conditions
2.1 In consideration for the payment of the relevant Tariff which is calculated in accordance with the Pricelist, the Client shall be entitled to temporary use of a freebike, subject always to the Terms and Conditions set out in this Agreement.
2.2 For the avoidance of any doubt, title in the Bike(s) remains at all times with the Company and shall not pass to the Client in any circumstances. Risk in the Bike(s) shall pass to the Client at the commencement of a rental period and shall not pass back to the Company until the rental period terminates in accordance with this Agreement.
3. Client’s User Account
3.1. To access the System The Client must provide registration information (including name, mobile phone number and email address). By providing this information the Client expressly confirms that the information he/she has provided is of a truthful nature and relates directly to themselves. The Client is explicitly forbidden from registering for the System by using other peoples’ or false information and understand that if the Client uses false information, or the Company has reasonable cause to suspect that the Client is using false or incorrect information then the Company has the right to terminate and/or restrict the Client’s use of the System.
3.2 The Client accesses the System via the App, or a Client card (which is a card or Fob with RFID chip connected to the System) or the System’s website at www.london.freebike.com.
3.3 The Company identifies the Client through his /her Client number and PIN that are used as a login and which the Client receives when registering. It is recommended to keep the PIN secret. Login and PIN together form the Client’s login information. All responsibility for the misuse of login information is borne by the Client. The Client is obliged to inform the Company of any potential loss or misuse of the login information so that the login information may be blocked. The Client may change the PIN at any time via the System's website.
4. Operation of the System
4.1. The Bike is rented and returned through the System. The Client can find Bikes and Stations in the App or on the System's website.
4.2. The moment of takeover or beginning of the rental is the unlocking of the Bike either from a Physical Station or Virtual Station when the Client logs into the system.
4.3. The moment of terminating the rental or return of the Bike means the locking of the Bike either through the App, the Client card, the functionality of the Bike or the insertion of the Bike into a free lock at any Physical Station of the System. The Client must make sure that the Bike is properly locked (Checking can be carried out via the App or the light signals on the Bike) and is responsible for ensuring the rental is correctly terminated.
4.4. The maximum Rental and Active Rental times are listed in the PriceList. If the Client does not return the Bike within these time limits, the Client may be obliged to pay additional charges to the Company, calculated in accordance with the Pricelist. The Client is required to pay for any potential damage caused to the Bike during the Rental Period or due to the Client’s failure to return the Bike at the end of the Rental Period. If the Rental is not terminated, the rental will be properly charged according to the Pricelist until the Maximum Rental Time.
4.5. The minimum rental period is not fixed, the rental fee is charged according to the Pricelist depending on the chosen Tariff.
4.6. The Client may suspend or pause his /her rental via the App; the maximum period of the Pause rental suspension is defined in the Price List. The Client may Pause their Rental anywhere within the Operating Area. Within Red Zones, the Client can only Pause the Rental rather than Terminating the Rental.
4.7. To successfully return a freebike, the Client must be within a Parking Area or Green Zone as shown in the App, or at a Virtual Station where there is available capacity. Outside of Virtual Stations and Parking Zones the Client is unable to terminate a rental. The Client is responsible for returning their freebike to a Parking Zone or Virtual Station with available capacity the Maximum Rental times. Failure to do so may mean the Client is liable for a fine as defined in the Client’s Tariff and Pricelist.
4.8. Where possible, the Company will attempt to provide a full Service of freebikes available for rental. However, the Company provides no guarantee or warranty as to the availability of the Service and freebikes for rental.
5. Payments for the use of the Bike
5.1 In order to use the System, the Client needs to provide a valid credit or debit card, which is either a VISA, Visa Electron, Mastercard, JCB or Amex and which is accepted by our Payment Partner and from which charges can be deducted (a "Payment Card").
5.2 By registering for the System with a Payment Card, the Client agrees to allow the Company to collect from their account the relevant fees for use of the System including (without limitation) fees for rental, pause rental, out of station fees, rehoming fees, and additional charges for damage or a failure to return a Bike as set out in the Pricelist. The Company will only seek payment for fees in respect of actions initiated by the Client.
5.4 The Company reserve the right to amend these Terms and Conditions including the fees at any time but, where practicable, will use all reasonable endeavours to provide the Client with prior notification of any such amendments.
5.5 The Client has the right to terminate his or her participation in the System at any time by sending an email or calling the Call Centre and cancelling their registration provided there are no outstanding charges which are payable by the Client under these GTC. Contacts are found in the attached Pricelist.
5.6 The Company reserve the right to suspend or cancel this Agreement at any time and will use all reasonable endeavours to provide Clients with prior notification of such action.
5.7 Freebike Limited uses a third party to process payments and transactions and we accept any payment method that our Payment Partner accepts. We do not hold our Client’s payment details. Our Payment Partner is Level 1 PCL DSS compliant and offers 3-D secure and details of which can be supplied on request.
5.8 In paying for the use of the System, the Client accepts that they must only use payment methods that they have full and complete legal authorisation to do so. The Company can suspend or terminate the provision of the System (in whole or in part) without telling the Client (although, where possible, the Client will be informed that the action may be taken) in the following cases:
a) if the Company is aware or have reason to believe that the Client’s card and / or PIN number has been lost or is being used by the Client themselves or another person in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (or has been previously, regardless of whether this is with the Client’s consent or not);
b) if the Company is aware or have reason to believe that the Client’s card and/or PIN number has been obtained in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (regardless of whether this is with the Client’s consent or not);
c) if the Client does not comply with any of the rules relating to the Services;
d) if the Company is aware or have reason to believe that the Client has paid or are purporting to pay, using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back. The Company may reinstate provision of the Services when the full amount owing has been paid;
e) if the Client notifies the Company that their card has been lost or stolen;
f) if the Client does anything (or allow anything to be done) which the Company thinks may damage or affect the operation or security of the Bikes or equipment or the Client become bankrupt or make any arrangement with creditors.
5.9 The Company commits to being transparent and accurate in our pricing structure and Tariffs. However, where the Company has made a genuine mistake and mispriced the Services ,the Company has the right to cancel, change or refuse Tariffs. If the Company has charged the Client prior to cancellation the Company will refund the proportional amount.
5.10 If a Client considers they have been incorrectly charged, they should email email@example.com, stating the their User ID and email within thirty (30) days of receiving the charge. The Company will provide a response within five (5) working days. The Client agrees that they waive their right to dispute any discrepancies after thirty (30) days following their receipt of the charge
6. Basic rules for use
6.1 . The Client may only be a person over the age of 14 years old.
6.2. A Client older than 18 years old may rent a freebike on behalf of a person under the age of 16 with the Client assuming all responsibility for such a person in regards to the Agreement and use of the Bike and System.
6.3. a Client older than 18 years can rent a maximum of 2 Bikes simultaneously. In such a case, the Client is responsible for all the Bikes as if he / she had rented and used them himself / herself.
6.4 The Client confirms, by accepting to this Agreement, that they are:
i) competent in understanding and familiarity with how the freebike operates,
ii) in reasonable physical condition so as to be able to use the Bike, they accept all risks of injury or a medical issues suffered as a result of their physical exertion in using the Bike,
iii) competent in understanding of traffic, applicable traffic laws, and weather conditions and how it is advisable to adjust their cycling style dependent on these conditions.
6.5 Every Client uses the Bike at his /her own risk. The Client is obliged to check visually the technical condition of the Bike before the beginning of the rental, and in particular to check the front and rear brake functionality, the condition of the wheels and tyres, the functionality of the front and rear lights, immediately after taking over of the Bike. If the Client discovers a fault with the bike immediately after initiating a rental the Client should immediately end the rental and report the fault to the Company.
6.6. If the Client detects a defect in the technical condition of a Bike they must not use the Bike and he / she is obliged to inform the Company by email or via the defect reporting function in App, or via the Call Centre or via the website immediately. The Client is not entitled to modify, repair, change any parts by himself / herself or otherwise interfere with the Bike.
6.7. The Client agrees to take proper care of the Bike and to use it with due managerial care so as not to cause any damage or excessive wear to the Bike. Throughout the Rental period, the Client is fully responsible for damage incurred to a Bike and for damage to health and property to third parties caused by the use of the Bike, regardless of whether the Bike has been used by himself / herself or has left its use to another person.
6.8. In the event of loss, destruction or damage caused to a Bike the Client shall immediately inform the Company. In the event of loss or complete destruction of the Bike, the Client shall pay its full price. In the case of damage howsoever caused the Client shall pay the cost of its restoration. The Company reserves the right to collect such sums from the Client’s Payment Card pursuant to clause 5.2, above.
6.9. The Client is obliged to secure the Bike in a way to prevent its misuse, theft or damage. The Client agrees not to leave the Bike at places where the theft of the Bike or the violation of the rights of third parties (e.g. parking the Bike where it is forbidden) may be expected.
6.10 The Client agrees not to leave the Bike at places where it would become a danger, an obstacle or a nuisance, especially at busy places where collision with the guiding elements for the blind, with pedestrians and other participants of the traffic might occur, or at places of cultural or other value. The Client should respect the advice in App on where to park the Bike.
6.11. It is recommended that the Client wears a safety helmet at all times when operating the Bike and takes out a suitable Insurance policy.
6.12. The Client agrees to immediately inform the Company of theft or any attempted theft of the Bike or to notify the Police of this fact, which is also subject to immediate notification to the Company.
6.13 The Client agrees to accept full responsibility to pay any fines, fees or penalties that result from their actions whilst renting the freebike. The Client agrees that the Company can pass onto them any fines relating to incidents that occurred during the Client’s rental.
6.14. If any breach or neglect of the Client's obligations under the Agreement or the GTC (in particular, failure to lock the Bike, leaving the Bike at an unsuitable place, etc.), leads to damage to the Bike, the Client agrees to compensate the Company for the damage incurred. The Company reserves the right to collect such sums from the Client’s Payment Card pursuant to clause 5.2 above.
6.15. Except for any legal responsibility that the Company cannot exclude in law (such as for death or personal injury caused by its negligence), the Company is not legally responsible for:
(a) any losses that were not:
(i) foreseeable to the Client and the Company when the contract was formed; or
(ii) caused by any breach on the Company’s part;
(b) business losses; and
(c) losses to non-consumers.
7. Prohibited actions
7.1 When a Client operates or howsoever otherwise interacts with a Bike(s) they agree to the following:
7.1.1 That the Client is not under the influence of alcohol or drugs. The Client acknowledges that using the Bike whilst under the influence of these items will directly impact their liability.
7.1.2. That the Client is expressly forbidden from altering, modifying, or repairing the Bike in any way. This includes writing on the Bike, defacing the Bike, and making alterations or additions to its components.
7.1.3. That the Client will not use the Bike for any commercial activity.
7.1.4. That the Client use of the freebike is solely to go between destinations, and that The Client will practice accepted standards of cycling appropriate to urban conditions. This prohibits use of the Bike to pull or push anything, use of the Bike for racing, stunt or trick riding and use of the Bike with passengers.
7.1.5. That the Client is prohibited from using the Bike in violation of any laws or regulations. This includes riding on pedestrian pavements or any other land where cycling is not allowed. The Client is encouraged to review closely the appropriate signage and road markings.
7.1.7. That the Client will not use nor leave the Bike in Red Zones nor outside the Geofence Boundaries. Information on where the Client is restricted from riding and ending rentals is available in Our App.
7.1.8. That the Client will use the basket located at the front of the Bike for light goods only. The Client is prohibited from filling the basket with heavy items over 15 kilos that may impact the Client’s balance, steering control, safety and comfort. The Client is further prohibited from filling the basket with items that protrude from the sides or through the basket that may become dangerous to the Client, other road users and pedestrians. The Client accepts that if an accident should occur due to the Client over-loading the basket or otherwise carrying an awkward load that The Client will be liable for all costs.
7.1.9. That the Client will not use any external locking mechanism to lock the Bike apart from any provided by Us.
7.2. If the Client becomes a participant in a traffic accident, he / she is obliged to immediately inform the Company by email, or App or Phone after notifying the relevant authorities. Furthermore, the Client is obliged to provide the Company with all necessary cooperation in the handling of all administrative tasks connected with the settlement of an insured event. Any damage incurred to third parties is paid by the Client in accordance with applicable legal regulations and the extent of his / her fault. Any damage for any reason not covered by insurance is to be paid by the Client to the Company within the specified extent of the necessary repair or replacement costs.
8. Personal Data Protection
8.2. The Company will handle the Client's personal data in accordance with applicable and effective Data Protection Law: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended; any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).
8.3. The Company does not store, or have access, to, any Card or payment information that the Client may be required to provide whilst registering for an account. This information is stored by our Payment Partner .Transaction data, resulting from that personal data, our Payment Partner on the condition that it will be only used for making of payments connected to services provided by the Company.
8.4. As a user of the Services, the Company may collect information related to the Client’s Bike rentals (such as routes, millage, duration, and other details).
8.5. Collecting this information is important as it allows us to provide the Services as well as improve and optimise them. The Client’s personal information may be used for the following business related purposes:
8.5.1. Account management such as charging enquiries, and to provide customer care activities (including answering the Client’s queries),
8.5.2 Processing the Client’s applications and orders, and to supply and manage any services or products which the Company provide;
8.5.3. To monitor and maintain the quality and security of the Services;
8.5.4. To protect the Company, its assets, including any intellectual property rights and our brand, our employees and customers from activities that might cause loss or damage;
8.5.6. To comply with any legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, including in connection with the transfer of any part of our business in respect of which the Client is a customer or a potential customer;
8.5.7. Analysis for the purposes of understanding our customers' use of our products and Services, individual needs and business trends in order to develop and improve our and our group companies' products and services, new developments, tariffs, special offers, discounts and awards;
8.5.8. Activities connected with the running of Our business such as personnel training, testing and maintenance of our IT systems.
8.6. Our Bikes are GPS enabled. the Company may track and monitor our Bike’s location. GPS data is used by us to fulfill our Service. It allows us to provide the Client with information about their Rentals which is viewable in the App. It also allows for us to locate Bikes that have been lost and stolen, as well as provide the Client with information on where available Bikes are.
8.7. The Company may use the Client’s information to send marketing messages about freebike, offers, and information on future developments when the Client has specifically provided his/her consent to do so. The Client is able to opt-out of marketing messages at any time.
8.8. The Company may also contact the Client about the products and Services of carefully selected third parties, which we believe may also be of interest to the Client - without passing control of the Client’s personal data to the third party concerned. If the Client does not wish to receive these marketing messages or wish to change any previously stated preferences, the Client can notify us by emailing the Client’s preferences to firstname.lastname@example.org or calling the support helpdesk.
8.9. The Company may share anonymised data with our partners for research purposes such as urban planning and traffic management.
8.10. The Company protects personal data from any form of unauthorized sharing, copying and taking by unauthorized personnel, processing data not in accordance with these Terms and Conditions, and altering, losing, deleting or destroying of data.
8.11 The Company may pass the Client’s personal data to certain third parties (based inside of the European Union) where this is either required by law or necessary in order to carry out the Services that we provide to the Client or that the Client have chosen to use.
9.1. Except for any legal responsibility that the Company cannot exclude in law (such as for death or personal injury caused by its negligence), the Company is not legally responsible for:
(a) any losses that were not:
(i) foreseeable to the Client and the Company when the contract was formed; or
(ii) caused by any breach on the Company’s part;
(b) business losses; and
(c) losses to non-consumers.
10.1. The Client is entitled to make a proposal for the opening of an out-of-court dispute under this Agreement by means of the online dispute resolution platform operated by the European Commission at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS This can also be used to submit an out-of-court dispute settlement proposal under the Agreement concluded online on the website. Other ways of resolving the dispute are not affected by the existence of these out-of-court ways.
10.2. These GTC are effective from the 10th of May 2019.
10.3 The Company is entitled to change the GTC at any time. The modified GTC shall apply to all Rentals after the modified GTC are published on the website london.freebike.com.
10.5. By his / her registration to the System the Client expresses his / her consent to these GTC. The GTC govern every single Bike rental.
10.6. The contractual relationship between the Client and the Company is terminated if the Client does not use the System (which means a takeover and a return of the Bike) for more than one year. The claims of the Company against the Client are maintained even after the termination of the contractual relationship.
10.7. If any provision of these GTC is invalid or ineffective, or becomes invalid, the invalid provision will be replaced by a provision, whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
10.8. These terms are governed by English law and the Client can bring legal proceedings in respect of this Agreement in the English courts. If the Client lives in Scotland, the Client can bring legal proceedings in respect of this Agreement in either the Scottish or the English courts. If the Client lives in Northern Ireland he / she can bring legal proceedings in respect of this Agreement in either the Northern Irish or the English courts.
11.1 When first registering for the System a £1.00 card authorization fee is charged. This amount is transferred into bonus credit on the Client’s account and is defined in the Tariff in the App as Minimum Initial Credit
11.2 A freebike can be rented as an Ebike (with Electric Assist) or as a Pedal Bike (without Electric Assist) When the Client undertakes a rental of a freebike they agree to it on the basis of the following fees or Tariffs:
Simultaneous rentals: Maximum 2.
0-10 minutes Free, £0.50 per 10 minutes thereafter
£1.00 per every 10 minutes
For All Rentals
Pause Rental ½p per minute
Maximum length of Pause - 20 hours
Exceeding 20 hours Pause - £5.00 rehoming fee
Parking in Red Zone – Forbidden (Pause only)
Parking in a Station – No fee
Parking OUTSIDE a Virtual Station in the City of London - £3.50 Out of Station fee
Parking OUTSIDE a Virtual Station in ‘Parking Area’ - £1
Charge for abandoning bike outside the Geofence - £50
Charge for abandoning the bike in a Red Zone - £50
The Company reserves the right to issue a reasonable penalty fee up to the total value of the Bike of £2000 in respect of Clauses 4.4 and 7 of the GTC