Terms and Conditions
- Hourbike agrees to let and the Member agrees to take on rental the bike subject to the terms and conditions set out herein. Hourbike and the Member are the only parties to this Agreement, notwithstanding that a reservation for the bike 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.
- The Member agrees to return the bike to Hourbike in the same condition received, ordinary wear and tear excepted.
- The Member agrees not to use a bike for onward hire or reward, nor use it in violation of any law, ordinance or regulation, nor remove it (without prior written consent of Hourbike) from England, Scotland or Wales.
- The Member hereby warrants and undertakes to Hourbike that he will not operate the bike or permit the bike to be operated whilst unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation.
- The Member hereby warrants and undertakes to Hourbike that he will further protect the interests of the bike by ensuring the bike is always locked when unattended.
- If the Member commits any breach of these terms and conditions Hourbike may treat the agreement as terminated and may seize, without legal process, or notice to the Member, the bike at any time or place and the Member waives all claims for damages connected with such seizure.
- The Member expressly agrees to pay Hourbike on demand all fines and court costs including administrative fees for parking, bus lane, traffic or other legal violations assessed against the bike, the Member or Hourbike during the hire
- The Member expressly agrees to pay Hourbike on demand a reasonable administrative handling fee for processing any fine or legal violation against the bike, the Member or Hourbike during the hire except where caused by Hourbike's default.
- The Member expressly agrees to pay Hourbike on demand Value Added Tax and all other taxes (if any) payable on the aforesaid items.
- The Member expressly agrees to pay Hourbike on demand Hourbike's costs, including reasonable legal fees where permitted by law, incurred collecting payments due from the Member hereunder.
- The Member expressly agrees to pay Hourbike on demand the fair market value of repairing damage howsoever caused to the actual bike supplied.
- The Member agrees to defend, indemnify and hold Hourbike harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses (except where caused by Hourbike's negligence or default) incurred by Hourbike in any manner from this rental transaction.
- Use of the Hourbike system is open to all persons over the age of 12. Persons over the age of 12 but under the age of 18 must 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 bike. (written permission to be sent to Hourbike Ltd at Crown House, Woking, Surrey GU21 6HR).
- Persons over the age of 12 but under the age of 18 must also provide evidence of proficiency to ride on the road.
- When you accept the application form you are declaring that you are physically fit enough to ride a bicycle and also that you are reasonably competent to ride on the road.
- On payment of an appropriate premium Hourbike will cover the cost of any damage to the bike or cost of replacement due to theft (but no damage to the Member or any third party). The cover is valid from the time of payment to Hourbike for a period of one year and is a legally binding contract between the applicant and Hourbike Ltd. Premium rates are available from www.hourbike.com The cover becomes void with immediate affect if the Member is riding under the influence of alcohol, drugs, medication or any other medium that affects judgment or perception in any way.
- Once the hire has commenced, the Member has full responsibility over the bicycle. Should the Member not have taken out appropriate insurance they will be liable for all costs in the event of damage to the bike, themselves or third parties or theft whilst the bike is in their care.
- It is the Member's responsibility to ensure that the bicycle is in proper working order BEFORE the hire takes place; this includes brakes, lights, steering, tyres and drive shaft including pedals. If there are any problems with the bicycle then this must be reported immediately to Hourbike where another bike may be allocated.
- Any wilful or negligent act of destruction of Hourbike property will result in prosecution to the fullest extent of the law and Hourbike will seek the recovery of all costs and administration charges from the defendant.
- The Hourbike cycles are for the exclusive use of the Member only. All other situations will invalidate the hire conditions and any insurance cover .
- The rear basket is intended to carry light goods only. DO NOT fill with heavy items as this may affect your balance, steering control as well as safety and comfort.
- DO NOT fill past the rim of the basket. Fill evenly with 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 over-weight or awkward load then the Member is liable for all costs and the insurance becomes void.
- If any of the working parts should become defective whilst riding an Hourbike, the rider must STOP and call Hourbike customer services. They may issue another bike to you at the nearest Hourbike rental station or arrange to pick up the faulty cycle.
- DO NOT pull or push anything with the bicycle as this may lead to steering defects, mal-align the frame or cause undue 'wear and tear' to the tyres.
- DO NOT use the Hourbike for racing, mountain bike riding, stunt or trick riding or for any other purpose other than riding to and from a destination.
- In the event of a puncture or burst tyre, the Member should STOP riding and call Hourbike customer services.
- Hourbike reserves the right to cancel any contract/hire agreement at any time with a customer without prior arrangement or written warning if the customer is in default hereunder.
- NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS THE LIABILTY OF HOURBIKE FOR DEATH OR PERSONAL INJURY CAUSED BY HOURBIKE'S NEGLIGENCE. OTHERWISE HOURBIKE'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. HOURBIKE 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.
Payment Terms and Conditions
You pre-pay for the Services by topping up your account with us. You do this by purchasing credits as set out in the Tariff. Your pre-payments are not repayable by us nor is interest payable on any credit you have with us. Each time a bike is hired by you (or someone else using your card and PIN number), the credits you have purchased are reduced, by reference to the relevant charges in the tariff. Except in the case of an obvious error, our records determine how much your account is topped up and the rate of use of the Services. The tariff is available from www.hourbike.com.
If you owe us any money and this is not paid when it should have been paid, we may recover this from any credit balance on your account held by us or from any debit or credit card details of which you have given us. We may charge you interest daily on the unpaid amount at the rate of 2% per annum above the base rate of HSBC from time to time.
Suspension and Disconnection
We can suspend (i.e. bar) or terminate the provision of the Services (in whole or in part) without telling you (although we will, where possible, inform you that action may be taken):
- if we are aware or have reason to believe that your card and / or PIN number has been lost or is being used by yourself 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 your consent or not);
- if we are aware or have reason to believe that your 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 your consent or not);
- if you choose not to use the Service for a period of 90 days ('Use of this service' means (i) the removal and return of an Hourbike from any rental station (ii) any topping up of your account);
- if you do not comply with any of the rules relating to the Services;
- if we are aware or have reason to believe that when you have topped up (or have attempted to top up) your service, you have 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 to us. We may reinstate provision of the service when we have been paid the amount owing to us;
- if you notify us that your card has been lost or stolen;
- if you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the bikes or equipment or you become bankrupt or make any arrangement with creditors or, if a company, you go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets;
- for reasons outside of our control;
- or in the case of Original you will be liable to disconnection after a period of 90 days without service credit.
Where the account is suspended or barred because you have chosen not to use the services for a period of 90 days, the credit left on your account will be lost. Recrediting your account will be at our discretion.
Any changes to the tariff will be published and are available by calling the Helpline. Material changes in the tariff will be published on not less than 14 days notice, other changes on reasonable notice. If we believe any change in price plan will not disadvantage a customer, 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.
Hourbike Limited and Personal Data
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 that other individual is aware and has agreed to you passing on such information to Hourbike.
Your personal data may be used for the following general business-related purposes:
- Account management such as charging enquiries, and to provide customer care activities (including answering your queries),
- Processing your applications and orders, and to supply and manage any services or products which we provide,
- Monitor and maintain the quality and security of the Hourbike network and the Services,
- Protect us, our assets, including any intellectual property rights and our brand, our employees and customers 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 customer or a potential customer.
- Analyse 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
- Activities connected with the running of our business such as personnel training, testing and maintenance of our IT systems.
Use of Personal Data for Marketing Purposes:
- We will use your information to send you marketing messages about Hourbike, offers and future developments.
- We may also contact you about the products and services of carefully selected third parties, which we believe may also be of interest to you - without passing control of your personal data to the third party concerned.
- 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 email@example.com
- calling the support helpdesk.
Disclosure of your Personal Data
We may pass your personal data to certain third parties (some of which may be based outside of the European Union) where this is either required by law or necessary in order to carry out the services that we provide to you or that you have chosen to use. We will take all necessary steps to ensure that those third parties treat your personal data in accordance with Hourbike policies on data protection and security.
If you want to contact us about your data protection rights please email firstname.lastname@example.org.
Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action. Monitoring or recording of your calls or e-mails may take place for our business purposes such as quality control and training, to prevent unauthorised use of our system and to ensure effective systems operation and in order to prevent or detect crime.
- If purchasing a family membership, the primary member is individually responsible for the safe return of all the bikes rented using the primary membership.
- The childrens bikes provided are for use by children over the age of 9 only. The safe use of these bicycles is the full responsibility of the member whose card is used to rent these bikes.
- The bikes are not to be taken onto sandy areas including any part of the beach or dunes.