Terms and Conditions for using ‘citybike Liverpool’- the bike rental system provided and operated by Liverpool City Council
a) These terms and conditions apply to your registration to, and/or use of, the citybike Liverpool bike rental scheme provided by Liverpool City Council (LCC) (“citybike”). The arrangements for your registration and use of citybike are with LCC. b) If you have an enquiry or complaint, or experience a problem using citybike, please contact the Liverpool City Council contact centre (“Contact Centre”):
Tel: 0151 233 3002 within the UK.
Highways and Transportation
2 User terms and conditions
a) citybike agrees to let, and the Member agrees to take on rental of, the citybike subject to the terms and conditions set out herein. Liverpool City Council and the Member are the only parties to this Agreement, notwithstanding that a reservation for the citybike may have been arranged by a third party or that a third party may pay for all or part of the hire. The Member is the sole lessee and is solely responsible for compliance with all terms and conditions contained herein. In these terms and conditions some words have a special meaning as set out below:
i. citybike is the citybike Liverpool bike rental bicycle.
ii. Credits means prepayment of Charges made by a Member
iii. Charges are the tariffs and prices that Liverpool City Council charge for citybike use which are published at www.citybikeliverpool.co.uk
iv. Member is a person who has registered to use citybike by providing us with the required personal details for their (and each Additional User) use of citybike and has been issued with a Membership number and a Personal Identification Number.
v. Membership number and Personal Identification Number (PIN) are unique codes that we issue to you, as a Member, to be input at a Terminal each time that you (and your Additional Users) wish to undock a citybike.
vi. A Member can authorise up to 3 Additional Users on their Membership account to use citybike at any one time. The Member is responsible for each Additional User who is subject to the same terms and conditions as the Member. All charges for each Additional User are incurred by the Member.
vii. Docking Point is the equipment and mechanism at a Docking Station from which a citybike is undocked/docked.
viii. Docking Station is a citybike Docking Station including the Docking Points and Terminal.
ix. Terminal is the computer terminal located at a Docking Station which enables you to input your Membership number and PIN.
x. Services is the hiring of citybikes to Members by Liverpool City Council.
xi. Tips for Safer Cycling are the tips for safer cycling at www.citybikeliverpool.co.uk/info and are updated by us from time to time.
xii. We, our and us refers to Liverpool City Council and you refers to a Member.
b) Our staff, contractors and agents have no authority to make individual exceptions or amendments to these terms and conditions.
3 Membership registration and account
a) Only Members can rent citybikes.
b) Membership registration and rental charging information is available through the citybike website, citybike app or by telephone.
c) Individual agreements which deviate from the membership options available on the citybike website must be agreed in advance in writing with us.
d) Upon successful registration, the Member shall receive a membership number and PIN by SMS message or email. A membership card is also available on request. This PIN allows access to rent any available citybike from a Docking Station and to check Member account details online.
e) To enable the Member to rent a citybike, their membership account must be in credit.
f) The Member is obliged to inform us immediately of any changes to their registered personal information.
g) Membership is not transferrable.
h) We reserve the right to terminate a membership at any time if it is deemed that a Member has not complied with these terms and conditions.
i) We may amend these terms and conditions from time to time. We will inform Members in writing of any material changes within 14 days.
j) Liverpool City Council will deduct any debit, on any Members account, within 72 hours of when the Members account goes into debit. This will be deducted from the Members most recent payment method.
4 Payments and refunds
a) The Charges are set out in the Tariff information, available at www.citybikeliverpool.co.uk or by telephoning the Contact Centre.
b) The Member must pre-pay for the Services by topping up their Member account with Credits.
c) Credits are not repayable by us except in circumstances set out in our Refund Policy nor is interest payable on any credit held on a Member account.
d) Each time a citybike is hired by the Member, the Credits on the Member account are reduced in accordance with the relevant Tariffs set out at www.citybikeliverpool.co.uk.
e) If a Member account is in debit, this must be paid in full before Credits can be added to the Member account.
f) Except in the case of an obvious error, citybike records determine how much the Member account is topped up and the rate of use of the Services. g) Credits purchased for use will expire at the end of the subscription period. Annual Members that renew will retain any unused Credits from the previous subscription period.
h) The Member must dock the citybike daily. When a day membership is purchased, the citybike must be docked before the contract ends at midnight of that day.
i) In the unlikely event that the scheme be ceased for any reason by Liverpool City Council, any Member who has not used any Credits within the prior 30 days will forfeit these.
a) The following terms apply to the use of citybikes, which may not be used:
by persons who are younger than 18 years old (the use of a citybike by children over the age of 12 years old (but under the age of 18 years old) must either be authorised by the Member or have the written permission of a parent or guardian to register to use the system and the written permission of the nominated payer to make payment for the hire of the citybike, and that written permission must be sent to us prior to the use of any citybike.
- to carry other persons including children.
- to transport flammable, explosive, toxic or dangerous materials or substances.
- to participate in racing, mountain bike riding, stunt or trick riding or for any other purpose other than riding to and from a destination.
- to sub-rent to third parties. . to travel outside the Liverpool City Region (without prior written consent of citybike).
- in strong wind or stormy weather. . under the influence of alcohol or drugs.
- to pull or push anything as this may lead to steering defects, mal-align the frame or cause undue 'wear and tear' to the tyres.
b) The Member is obliged to obey all road and traffic safety laws and regulations. On membership registration, the Member is declaring that they are physically fit enough to ride a citybike and competent to ride on the road.
c) Cycling ‘hands free’ is not allowed.
d) The citybike must be parked in plain sight. The Member is obliged to follow road traffic and safety regulations when parking. Furthermore, the Member must ensure that the citybike is parked safely, that other vehicles and or traffic is not obstructed and that no damage is done to third parties or their property.
e) Improper use of the citybike basket is forbidden including overloading (maximum allowable load is 5kg). The Member is obliged to ensure that all transported goods and items are fastened and/or secured properly at all times using the attached bungee cable, and ensure there are no long or sharp edges sticking out of or through the basket as these may become dangerous to other pedestrians and to the rider. If an accident should occur due to the carriage of an overweight or awkward load then the Member is liable for all costs and the City Council public liability insurance becomes void.
f) Unauthorised modifications or alterations to the citybike are not allowed.
6 Bike condition
a) The Member is to make themselves familiar with the citybike and its appropriate usage before use.
b) It is the Member's responsibility to ensure that the citybike is in a roadworthy and safe condition before the rental takes place. This includes brakes, lights, steering, tyres and drive shaft including pedals.
c) If the Member finds technical defects at any point during the rental period, the Member must stop riding and contact citybike immediately. The Member may be issued with a replacement citybike from the nearest rental station and citybike will arrange to collect the faulty citybike.
d) Once the hire has commenced, the Member has full responsibility over the citybike. Should the Member not have taken out appropriate insurance, they will be liable for all costs in the event of damage to the citybike, themselves or third parties or theft whilst the bike is in their care.
e) The Member agrees to return the citybike in the same condition received, ordinary wear and tear excepted. f) The Member agrees to ensure the citybike is always locked when unattended.
7 Procedures in cases of accidents or theft involving a citybike
a) In case of an accident involving not only the Member, but also third parties or their property, the Member is obliged to report the accident to both the police and us immediately.
b) If the Member fails to inform us within 24 hours, the Member shall be liable for any damages sustained by us.
a) We are authorised to save Members' personal data and to use that data only in compliance with the provision of the UK Data Protection Act 1998.
b) We are entitled to disclose information about the Member to investigating authorities to the necessary extent if the requesting authority submits proof that proceedings have been initiated against the Member for an administrative or criminal offence.
c) Membership payments may be made online through Paypal or Braintree. Payments may also be made by calling the Contact Centre.
d) The Member is responsible for preventing unauthorised use of the Member account details by third parties.
e) Should the Member have reason to believe that their user data has been misused, they are to inform us immediately.
f) A Member may deactivate their user account at any time online or by calling the Contact Centre.
9 Cancellation and amendment
a) Both parties may terminate the contractual relationship at any time.
b) We can suspend or terminate the provision of Services (in whole or in part) at our own discretion without telling a Member (although we will, where possible, inform the Member that action may be taken) if:
- We become aware or have reason to believe that the membership card and/or PIN has been lost or is being used by the Member or another person in an unauthorised, unlawful, improper or fraudulent way or for criminal activities;
- We become aware or have reason to believe that the membership card and/or PIN has been obtained in an unauthorised, unlawful, improper or fraudulent way or for criminal activities;
- That Member does not comply with any of the rules relating to the Services;
- We are aware or have reason to believe that a payment has been made 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 to us;
- That Member does anything (or allows anything to be done) which we consider may damage or affect the operation or security of the citybikes or equipment;
- That Member chooses not to use the Service for a period of 90 days (meaning (i) the removal and return of a citybike from any rental station (ii) any topping up of the membership account).
The credit left on the member account may be lost and re-crediting the member account will be at our discretion.
c) We may reinstate provision of the Service when any account debit has been paid.
10 Your obligations
a) You use the Services provided by us at your own risk. The Member takes full responsibility for any damages caused. The Member is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof.
b) You accept liability for all costs and damages that occur due to noncompliance with your obligations as defined in these Terms and Conditions.
c) For all other defaults of contractual obligations (contractual duty) we shall be made liable only for reasonable damages. We are not liable for damages to items or personal property transported. In all other cases liability on our part is expressly excluded. We shall not be liable in cases of improper and/or unauthorised use of the citybikes in accordance with section 3.
d) If the citybike is stolen during the rental period, you must report the theft immediately to us and to the police. The citybike identification number must be provided. We must be provided with the police crime number immediately.
e) You expressly agree to pay us on demand all fines and court costs including administrative fees for parking, traffic or other legal violations assessed against the citybike, the Member or us during the period of hire.
f) You expressly agree to pay us on demand a reasonable administrative handling fee for processing any fine or legal violation against the citybike, the Member or Liverpool City Council during the hire except where this is caused by our default.
g) You expressly agree to pay us on demand our costs, including reasonable legal fees where permitted by law, incurred collecting payments due to us by you.
h) You expressly agree to pay us on demand the fair market value of repairing damage howsoever caused to the actual bike supplied up to the value of £400.i) citybikes are for the exclusive use of the Member only. All other situations will invalidate the hire conditions and any insurance cover.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS THE LIABILTY OF LIVERPOOL CITY COUNCIL FOR DEATH OR PERSONAL INJURY CAUSED BY LIVERPOOL CITY COUNCIL’S NEGLIGENCE. OTHERWISE LIVERPOOL CITY COUNCIL’S TOTAL LIABILTIY IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE HIRE SHALL BE LIMITED TO THE AMOUNT IT RECEIVES HEREUNDER. LIVERPOOL CITY COUNCIL SHALL NOT BE LIABLE TO THE MEMBER FOR ANY PURE ECONOMIC LOSS, LOSS OF PROFIT OR LOSSES OF BUSINESS IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL OR ANY CLAIMS FOR CONSEQUENTIAL COMPENSTION WHATSOEVER AND HOWSOEVER CAUSED WHICH ARISES UNDER THE HIRE.
11 Availability of the Service
a) We will always try and run a reliable Service but sometimes for reasons that are beyond our control we may be unable to deliver part or all of the Services.
b) During certain periods the Service may be heavily used so we cannot always guarantee to have a citybike available for use at the Docking Station of your choice or a Docking Point available to dock a citybike at the Docking Station of your choice.
c) If you are unable to dock a citybike at the Docking Station of your choice due to the lack of an available Docking Point(s) you should go to an alternative Docking Station. If this is not possible, you may secure the citybike using the combination lock (without causing an obstruction) and contact us to end your hire or you will continue to be charged at the appropriate rate. You must inform us of the location of the citybike.
d) Where we are unable to provide you with a citybike, you may be eligible for a refund of certain Charges that you have paid us as determined in accordance with our Refund Policy. In accordance with our Refund Policy, we will not refund any of the Charges that you have paid us for any failure or delay due to an event beyond our reasonable control.
e) We reserve the rights to change the advertised dates and hours of operation of citybike. Any changes to the Charges will be available from www.citybikeliverpool.gov.uk and by calling the Contact Centre. Material changes in the Charges will be published on not less than 14 days’ notice, other changes on reasonable notice. If we believe any change in the Charges will not disadvantage a Member, it may be included automatically. We may change or withdraw the Services (or part thereof) at any time, with or without notice. Where possible we will give reasonable notice of these changes. You will still be able to use any credit that you have accumulated, prior to the withdrawal of all of the Services. We may make changes to these terms from time to time and/or introduce new terms from time to time if there are changes to the law. By continuing to use the Services you agree to these modifications. If you are not happy with any of these modifications then you do not have to continue to top up your account.
12 Cancellation and amendment
a) If you wish to cancel or change your Membership you may telephone the Contact Centre or alternatively amend or update your registration details by directly accessing you Membership account online.
b) If you cancel or change your registration you may be eligible for a refund as determined in accordance with our Refund Policy.
13 Liverpool City Council and Personal Data
a) Personal data includes:
Information provided by you should you choose to register your use of the Service with us. Rental information generated by your use of the service covered by this Agreement or your use of products, services and content accessed via or facilitated by your use of the Services covered by this Agreement, including but not limited to the numbers you call, the type, date, time, location, duration and cost of calls, messages or other communications. Information obtained from third party sources such as our suppliers, marketing organisations or credit reference agencies. If you have special needs we may process sensitive personal data about your health, where you have advised us of those special needs. Information provided by you about another person. It is your responsibility to ensure that another individual is aware and has agreed to you passing on such information to us.
b) Your personal data may be used for the following general business-related purposes:
Account management such as charging enquiries and to provide Member care activities (including answering your queries). Processing your applications and orders. Supply and manage any services or products which we provide. Monitor and maintain the quality and security of the citybike network and the Services. Protect us, our assets, including any intellectual property rights and our brand, our employees and Members from activities that might cause loss or damage. 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 you are a Member or a potential Member. Analyse for the purposes of understanding our Members' 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. Activities connected with the running of our business such as quality control and training, testing and maintenance of our IT systems.
c) Your personal data may be used for the following marketing purposes:
citybike offers and future developments, and information from us if deemed relevant. If you do not wish to receive these marketing messages or wish to change any previously stated preferences, you can notify us by: ensuring the relevant box is selected during the registration process emailing your preferences to firstname.lastname@example.org or by calling 0151 233 3002. If you want to contact us about your data protection rights, please email email@example.com .
14 Complaints and disputes
a) As part of our standard enquiry and complaints handling process, we will:
- record details of all enquiries and complaints that we receive; and
- consider and respond to each enquiry and complaint in accordance with our Complaints Handling Policy.
b) These terms and conditions shall be governed by English law.
c) If any disputes arise between you and us and you want to take court proceedings, you must do so at a court in the United Kingdom.
15 Other information
a) Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.
b) You may not transfer any of your rights under these terms and conditions to any other person.
c) If there is a conflict between the English version and any translation of these terms and conditions, the English version shall apply.