General Terms and Conditions

1. Definitions

In the below General Terms and Conditions, the stated terms will have the following meaning:

Subscription:                                   the agreement between MOBY Bikes Ltd and the Renter for the use of the Bicycle by the Renter, as well as any other agreement between MOBY Bikes Ltd and the Renter;

General Terms and Conditions:                   these general terms and conditions of MOBY Bikes Ltd that apply to any Subscription;

 

End Date:   the date on which the Subscription ends by means of cancellation by the Renter as explained in Article 6.3;

Bicycle:  the bicycle made available by MOBY Bikes Ltd to the   Renter under   the Subscription for use by the Renter in accordance with the General Terms and Conditions;

Renter:  any natural person or legal entity who takes out a Subscription with MOBY Bikes Ltd;

MOBY Bikes Ltd:      MOBY Bikes Ltd  having its registered office in Cork and its principal place of business at 16 Wooden Building, Exchange Street Upper,  Dublin 8

 

2.           Applicability

2.1          These General Terms and Conditions apply to any Subscription between MOBY Bikes Ltd and the Renter.

2.2          Arrangements between MOBY Bikes Ltd and the Renter varying from or supplementary to these General Terms and Conditions will be valid only if they have been explicitly confirmed in writing via e-mail by a regional manager of MOBY Bikes Ltd.

 

3.           Subscription

3.1          The Renter will have a Bicycle at their disposal for the term of the Subscription.

3.2          The Bicycle comes with lock and key.

3.3          Under the Subscription, the Renter is entitled to free bike replacements. this is understood to mean:

   free of charge repairing of defects to the Bicycle caused by wear and tear and normal

use of the Bicycle. Examples of such defects include a flat tyre, a broken chain or chain guard, a torn saddle and broken lighting;

   if necessary, free of charge exchanging of the Bicycle within the limits of the city where MOBY Bikes Ltd operates.

3.4          MOBY Bikes Ltd always has a spare key to the Bicycle. If the key gets lost or damaged, the Renter must request a new key from MOBY Bikes Ltd. The costs involved amount to EUR 15 per key.

3.5          The Renter will not be allowed to have copies made of the key or to have more than one key in their possession, also on account of the risk of theft. A key that was previously reported lost that is recovered must immediately be returned to MOBY Bikes Ltd.

3.6          The Bicycle may contain advertisements. The Renter must immediately contact MOBY Bikes Ltd if the advertisement has been damaged or if an advertisement completely disappears from the Bicycle.

   

4.            Conditions

4.1          The Renter makes normal use of the Bicycle and takes due care of the Bicycle.

4.2          The Bicycle is intended exclusively for personal use by the Renter. The Renter is not allowed to use the Bicycle as an entrepreneur (i.e. using the Bicycle for e.g. the professional delivery of goods is prohibited). In the event of a breach of this obligation the Renter shall pay a contractual penalty in an adequate amount, however not more than EUR 2.000. The precise amount of such contractual penalty shall be determined by MOBY Bikes Ltd. Such contractual penalty shall be without prejudice to any other rights of MOBY Bikes Ltd, including but not limited to a right to claim damages and to terminate the subscription in accordance with Clause 14 of the General Terms and Conditions.

4.3          The Renter must have a SEPA bank account number or valid  credit card on sign up, and submit valid proof of idenity on signing up.  

 

4.4          The Bicycle will at all times remain the property of MOBY Bikes Ltd. The Renter will not be allowed to create or grant any security interest or other right in respect of the Bicycle for a third party’s benefit.

4.5          The Renter will be personally liable for compliance with the General Terms and Conditions.

4.6          The Renter will be responsible for passing on changes to the data known to MOBY Bikes Ltd, such as a new address, in good time.

4.7          The Renter may not make any changes to the Bicycle that cannot be removed without damaging the Bicycle and is not permitted to manipulate in any way the electronics and/or software of the Bicycle.

4.8          The renter must be at least 18 years old and able to enter into legally binding contracts to be able to subscribe for a MOBY Bikes Ltd. Minors may subscribe under the supervision of an adult.

5.            Bike replacement

5.1         MOBY Bikes Ltd aims  repair or replace bicycle within 24 hours after the Renter has contacted MOBY Bikes Ltd by telephone, via e-mail, WhatsApp or the MOBY Bikes Ltd App. replacement takes place by appointment with the Renter.

5.2          If this target time is not achieved, the Renter cannot claim any compensation or payment.

5.3         Replacementl only take place in case of a defect, loss or theft of the Bicycle, and only within the city limits in which MOBY Bikes Ltd is active.

5.4          If the Renter unjustly requests a replacement, MOBY Bikes Ltd will be entitled to charge EUR 20 in call-out charges. If the Renter fails to appear at an appointment that was made this will also be regarded as chargeable 

5.5          When MOBY Bikes Ltd exchanges a Bicycle, the Renter will transfer the Bicycle to MOBY Bikes Ltd including the battery (if relevant) corresponding key.

 

6.Term of the Subscription and cancellation

6.1          The term of the Subscription (“Subscription Period”) is agreed upon in the order process. To the extent agreed in the Order Process, MOBY Bikes Ltd may charge Renter with a one-time fee.

6.11   If a  cancelation is requested by the Renter before recieving the bike, refunds will be issued minus a €5 transaction processing fee and processed  within 7-10 days

6.12 If a cancellation is requested by the Renter after recieving the bike and within the the first 60 days of the subscription period a cancellation fee of €25 will applicable and charged at the discretion of MOBY Bikes Ltd.

6.2          In case of a monthly Subscription, the Subscription Period is one month from the date stated in the order process and automatically extends on a month-by-month basis, unless terminated in accordance with these Terms & Conditions. Both MOBY Bikes Ltd and Renter may terminate a monthly Subscription at any time with a notice period of one month.

6.3          In case of a Subscription with a minimum term, the Subscription Period begins on the date stated in the order process and remains in effect for the minimum term agreed in the order process, early termination will not be possible. Upon expiry of the minimum Subscription Period, the Subscription turns into a monthly Subscription, as specified in clause 6.2.

6.4          From the day that the written cancellation of the Subscription by the Renter has been received by MOBY Bikes Ltd, the Subscription will continue for one more month, which means that the Subscription ends one month after the day on which MOBY Bikes Ltd has received the cancellation (the ‘End Date’).

6.5          The Renter has the right to use the Bicycle until the End Date of the Subscription after termination notice. The Renter has the obligation to meet the costs of Subscription until the End Date.

6.6          The Bicycle and key are to be submitted to MOBY Bikes Ltd no later than the End Date.

6.7          If the Renter hands in the Bicycle before the End Date, this will end all rights of the Renter under the Subscription, without prejudice to the Customer’s obligation to pay the full Subscription costs until the End Date.

6.8          Prior to returning the Bicycle on the End Date the Renter can cancel the termination free of charge by sending an e-mail to MOBY Bikes Ltd. The e-mail must be received by MOBY Bikes Ltd on the day preceding the End Date.

6.9          If the Renter wishes to enter another Subscription within three months of the End Date, a startup cost of EUR 30 is applicable.

6.10       When the Bicycle is not returned on or before the End Date MOBY Bikes Ltd reserves the right to apply a daily fine of EUR 5 every day from the End Date until return of the Bicycle, with a maximum of 7 days.

6.11       If the Bicycle is not returned within seven days of the End Date to MOBY Bikes Ltd and the Subscription is not reactivated, subsequently MOBY Bikes Ltd will report a theft by the Renter. In that case, the Rental Customer will also be obliged to compensate MOBY Bikes Ltd for the loss suffered, which will be established for each type of Subscription and can be found in Table 1, without prejudice of the right of MOBY Bikes Ltd to request full compensation of the loss suffered by it, to the extent that it exceeds the sum of the established compensation, depending on the type of Subscription.

 

 

Type of Subscription Established compensation
EBIKE Subscription EUR 600
   

Table 1: Amount of compensation for each type of Subscription

 

6.12       The Renter is aware that the Bicycle could be owned by a leasing company. If the Bicycle is owned by a leasing company, the Renter will be obliged, on the leasing company’s demand, to either hand in the Bicycle to the leasing company (subject to reimbursement for the remainder of the rental period) or to be discharged from their obligations by paying the leasing company the future rent, as the leasing company may choose. Theft or loss

6.13       In the event of the loss or theft of the Bicycle and/or the battery, the Renter will be obliged to report this to MOBY Bikes Ltd within 24 hours, to hand over to MOBY Bikes Ltd the key to the Bicycle, and to report this loss or theft to the police together with an employee of MOBY Bikes Ltd. In that event, the Renter will owe a deductible, which is different for each type of Subscription. The applicable deductible for each type of Subscription is included in Table 2. After the report has been completed, the Renter will receive a replacement Bicycle from MOBY Bikes Ltd. 

 

Type of Subscription Established deductible
E Bike Subscription EUR 200
   
   

Table 2: Amount of deductible for each type of Subscription

 6.14       If the Renter does not, or not in good time, report a loss or theft of the Bicycle, or if the Renter cannot hand over the Bicycle key to MOBY Bikes Ltd, the Renter will owe MOBY Bikes Ltd the compensation established in Table 1.

6.15       In order to prevent incidents such as loss, theft and damage, the Bicycle must always be double locked with the provided ring lock and chain lock. Where possible, the Bicycle must be secured to an object using the chain lock. In addition, when connected to the Bicycle, the battery must always be secured with the provided lock.

6.16       If the Bicycle is not double locked/secured and an incident occurs, including vandalism, loss or theft, the Renter will owe a negligence surcharge. This sum will be in addition to the deductible and can be found in Table 3, depending on the type of Subscription. In addition, when connected to the Bicycle, the battery must always be secured with the provided lock.

 

Type of Subscription Established negligence surcharge
E Bike Subscription EUR 300
   
   

Table 3: Amount of negligence surcharge for each type of Subscription 

6.17       If a missing or stolen Bicycle is recovered within the term of the Subscription, the Renter will be credited no more than the deductible paid. MOBY Bikes Ltd will determine this amount on the basis of the condition of the Bicycle and any other costs.

6.18       If it turns out that the Renter has provided incorrect information that disadvantages MOBY Bikes Ltd, MOBY Bikes Ltd will be entitled to add an unfairness surcharge of EUR 100. This amount will be in addition to the deductible and any negligence surcharge.

6.19       If parts of the Bicycle are missing or stolen, MOBY Bikes Ltd will be entitled to charge this to the Renter up to the amount of the deductible at most. A price list of the parts of each type of Bicycle and Subscription may be requested from MOBY Bikes Ltd.

6.20       If the Bicycle has been removed by Dublin city or associatate municple body or organisation, MOBY Bikes Ltd will contact the Renter regarding the collecting process. Any costs for obtaining the Bicycle or other costs will be payable by the Renter. If the Bicycle is removed by the municipality, this will be regarded as an Unjustified Swap. MOBY Bikes Ltd will be entitled to charge costs for this to the Renter, such as any costs for obtaining the Bicycle 

  1.           Damage and servicing

7.1          The Renter will report damage to the Bicycle caused by vandalism to MOBY Bikes Ltd within 24 hours.

7.2          MOBY Bikes Ltd reserves the right to check the condition of the Bicycle. Customer shall cooperate with any necessary servicing or maintenance, on demand by MOBY Bikes Ltd.

7.3          In the event of damage and wear and tear to the Bicycle other than what can be expected from normal use, such at the discretion of MOBY Bikes Ltd, MOBY Bikes Ltd reserves the right to recover the associated costs from the Renter.

7.4          If there is any damage caused by the contributory fault or fault of a third party, the Renter will be obliged to submit to MOBY Bikes Ltd the contact details of this third party as well as a sketch of the scene signed for approval by both parties. If the contact details of the third party are not submitted, the damage will be charged to the Renter.

8.            Accessories

 8.1           Renter may add-on an Accessory Subscription to the Bicycle Subscription, provided the relevant Accessory is available in the city where Renter subscribed for a Bicycle.

8.2           The Accessory Subscription is a separate subscription and can be terminated independently of the Bicycle subscription.

8.3           Except for Clauses 3, 6.8, 7, 8 and 11, the provisions set out in the General Terms & Conditions apply mutatis mutandis to the Accessory Subscription, so that e.g. where “Bicycle” is used in

these relevant provisions, this should instead be understood as “Accessories”. The amounts shown in Table 1, 2 and 3 of the General Terms & Conditions should be replaced by the amount shown in Table 4

8.4           In the event of the loss or theft of the Accessory, the Renter will be obliged to report this to MOBY Bikes Ltd within 24 hours. In that event, the Renter will owe a deductible, which is different for each type of Accessory. The applicable deductible for each type of Accessory is included in Table 4.

Type of Accessory Deductible
Basket, Child seat EUR 12,50

Table 4: Amount of compensation for each type of Accessory

  

8.5           The Renter must report damage to the Accessory as a result of vandalism (in case the Accessory has become unusable) to MOBY Bikes Ltd within 24 hours of the Renter’s knowledge of the vandalism. MOBY Bikes Ltd reserves the right to charge the Renter for the damage.

8.6           The Renter will receive a replacement Accessory from MOBY Bikes Ltd in case of theft of damage (referred to in paragraph 4 and 5).

8.7           Any usage of the Accessory is at the sole risk and responsibility of Renter. MOBY Bikes Ltd is not liable for damages of any kind resulting from the use of the Accessory.

9.            Payments

9.1          When taking out a Subscription, the Renter will also be obliged to give a direct debit mandate to have the monthly Subscription costs and other costs owed debited to the stated bank account number or credit card provided on signup

9.2          In the event of additional costs charged, such as the deductible and surcharges, MOBY Bikes Ltd will be entitled to first require payment thereof before providing a new Bicycle to the Renter. 

9.3          If Subscription costs or other costs cannot be debited or are wrongly reversed, the Renter will be in default by operation of law. In that case, the Renter will receive a demand to pay the amount due within fourteen days. MOBY Bikes Ltd may engage a collection agency if the amount due has not been paid within the period of fourteen days. All additional administrative costs and extrajudicial collection costs will be payable by the Renter.

11.       Liability

11.1       If the Renter puts a Bicycle into use, this will be construed as evidence that it functions properly and does not show any defects.

11.2       If the Renter doubts the safety of the Bicycle, they must immediately contact MOBY Bikes Ltd.

11.3       The Renter uses the Bicycle at their own risk.

11.4       MOBY Bikes Ltd will not be liable for any damage or harm suffered by the Renter as a result of using the Bicycle, save in the case of wilful conduct or gross negligence on the part of MOBY Bikes Ltd.

11.5       The Renter will be responsible for communicating any defects and/or damage to the Bicycle in

good time.

 12.       Amendments

12.1       MOBY Bikes Ltd reserves the right to change the costs of a Subscription. Changes will be communicated to the Renter via e-mail at least two months before the effective date.

12.2       Changes in the General Terms and Conditions will be communicated at least one month before

the effective date by means of an announcement on the website www.mobybikes.com and an e- mail to the Renter.

12.3       MOBY Bikes Ltd will at all times be entitled to transfer its claims against the Renter, of any nature whatsoever, to third parties.

13.4. The Renter may change the Subscription into a more expensive Subscription free of charge, in which case MOBY Bikes Ltd will make an appointment and arrange the exchanging of the Bicycle for a Bicycle that is in line with the new Subscription. If the Renter wishes to downgrade their Subscription within six months of commencement of a Subscription, MOBY Bikes Ltd will be entitled to charge the costs of an Unjustified Swap for this.

13.       Failure to fulfil obligations

13.1       MOBY Bikes Ltd will be entitled to terminate the Subscription with immediate effect, either wholly or partially, or to cancel the Subscription by means of a written notice to the Renter if:

   the Renter fails to fulfil their obligations under the Subscription;

   the Renter applies for a provisional or definitive suspension of payments or is granted a provisional or definitive suspension of payments;

   bankruptcy or a winding-up petition is filed for in respect of the Renter or if they are put

into bankruptcy or liquidation;

   the Renter is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons;

   the Renter uses the Bicycle contrary to the provisions in the General Terms and Conditions

(e.g. the provisions in clause 4);

   the Bicycle or other goods of the Renter are attached, and this negatively influences the fulfilment of their obligations under the Subscription;   the Renter, in the opinion of MOBY Bikes Ltd, abuses the service offered by MOBY Bikes Ltd;  the Renter  deliberately provides incorrect information to MOBY Bikes Ltd, or   the Renter otherwise should no longer be deemed able to fulfil the obligations under the Subscription.

13.2       The Renter has the right to immediately terminate the Subscription if MOBY Bikes Ltd has repeatedly and/or seriously failed to fulfil its obligations described in the General Terms and Conditions.

 14.       Privacy

14.1       MOBY Bikes Ltd considers the protection of your personal data to be important. How we protect your personal data is explained in our Privacy Statement. This can be consulted at mobybikes.com/privacy Questions or remarks in this regard may be addressed to info@mobymove.com

 15.       Applicable law. Disputes

15.1     Irish  law applies exclusively to the Subscription and the General Terms and Conditions.

15.2     All disputes arising from or connected with the Subscription will only be submitted to the competent court of Dublin.