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General Terms and Conditions (GTCs) for Bike Sharing SystemsOperated by nextbike UK LtdThe following general terms and conditions (GTCs) are valid for the use of rental bikes/pedelecs offered by nextbike UK Ltd (nextbike). Paragraphs §1 – §9 of our GTCs regulate the rights and obligations for the use and rental of bikes/pedelecs. Paragraphs §10 – §20 regulate the business relationship between nextbike as operator of the rental system and its customers.*Pedelecs shall, for the purposes of these GTCs, refer to: an electrically assisted pedal cycle (or EAPC, or ebike, or Pedelec). The bike has amotor that propels it when the user pedals; the electric motor does not propel the user when travelling more than 25 km/h (15.5mph); theoverall power of the pedelec does not exceed 250 watts in all cases.§1 Jurisdiction and subject of the General Terms and Conditions1) nextbike (the “provider”) rents bicycles and pedelecs to registered customers (“customer”) in different cities (“operationarea”) as far as the products and services are available. TheseGTCs regulate the relationship between nextbike and the respective customer in terms of the registration (framework contract) and the conditions for the conclusion of rental contracts.2) These general terms and conditions apply to the usage of thefollowing nextbike brands:-nextbike UK Santander Cycles MK in Milton Keynes,Santander Cycles Brunel in Uxbridge,Santander Cycles Swansea in Swansea,nextbike Cardiff and Penarth,Unicycles at University of Warwick,nextbike Glasgow,nextbike Stirling,nextbike University of Surrey,license systems in Belfast and Exeter.For nextbike systems in countries other than the United Kingdom or systems that are not mentioned above, the terms andconditions of the applicable system shall apply.3) Rentals and returns are possible either by telephone, viasmartphone app, customer card, at a rental terminal or via thebike’s computer or if available, in person directly at a cooperating partner’s location.4) Individual agreements made orally between parties before orduring the contractual period, deviating from these GTCs mustbe approved and confirmed in writing by an individual havingthe appropriate authority to do so from nextbike.5) These GTCs are entered into and finalised in the English language.6) A further overview of individual bike/pedelec locations may beviewed online at https://www.nextbike.co.uk/en/locations/.If the customer wants to rent bikes/pedelecs from differentnextbike brands outside the United Kingdom, the customer willbe informed about those local rates and GTCs.§2 Registration, Confirmation and Termination1) Application for registration (“application”) is possible viasmartphone app, online, at a rental terminal, or in person directly at a cooperating partner’s location. In order to become aregistered customer, the applicant must be 18 years of age atthe time when the application is approved. The only exceptionsto this Section shall be applicable to the nextbike Stirling system:parent/s or legal guardian or through their school. In this case,the parent/legal guardian is consenting to claim joint-liability regarding any case of a contractual breach between the customerand nextbike.2)The following data shall be deemed mandatory in order to register with nextbike: name, address, phone number and emailaddress. If any of the above data is founds to be intentionallyfake, nextbike reserves the right to close the account.3) Following receipt of all relevant personal data, the provider decides whether or not to accept and approve the framework contract with the applicant.4) Approval of the application shall result in the issuing of an activation notice. This notification may occur in written form, telephonically, via email, SMS or at a rental terminal.5) Upon registration, the applicant shall receive a personal identification number (PIN) which they may use to log into thesmartphone app and their online customer account as well asto enter into rental agreements at rental terminals and bikecomputers.6) Following registration, a framework contract between nextbikeand the customer is entered into and the customer gains accessto a customer account. After the creation of the framework contract the customer may (depending on the specific bike system)rent nextbike bikes/pedelecs and other bikes/pedelecs fromnextbike brands throughout the world, which may be viewed atwww.nextbike.co.uk. However, entering into the frameworkcontract does not amount to the conclusion of an individualrental agreement between nextbike and the customer.7)8)9)Registration is free of charge for applicants via smartphone, thenextbike internet site, rental terminals or in person at cooperating partners. For rentals subject to fees, a valid means of payment must be provided prior to the time of rental.Prepaid cards and virtual cards or virtual credit cards numbersare not accepted by the Provider.For verification, the provider will charge a nominal depositamount, (which may vary based on the particular scheme)which will be added to the customer’s credit balance and applied to future rental fees. Depending on the choice of rates, theprovider is authorised to charge rental fees. The amount ofthese fees and deposits may be requested via telephone and en/prices/.10) The customer is obliged to inform nextbike immediately of anychanges to their personal information which occurs during thebusiness relationship. This includes personal data and information regarding payment methods. (e.g. address or credit cardinformation).-Customers between 14 and 18 years of age in Stirling shall bepermitted to open an account with the written consent of their1 of 5
General Terms and Conditions (GTCs) for Bike Sharing SystemsOperated by nextbike UK Ltd§3 Duration of Rentalto bike/pedelec usage, the user may experience theseweather conditions to a greater extent in relation to a normal bike due to the advertising panels used on the nextbikes. The use of bikes/pedelecs during any adverseweather conditions is at the user’s own risk and nextbikeadvises the user NOT to use the bike/pedelec in such conditions.1) The chargeable rental period of a bike/pedelec begins whennextbike sends the code for the bicycle/pedelec to the customeror when the lock is opened by the customer.2) The customer is obliged to inform the provider or check if automatic return was successful at the end of the rental period inaccordance with §7. Upon provision of this information, thechargeable rental of the bike/pedelec as well as the rental period to be invoiced will be over. The official end of the rentalperiod shall be marked with the receipt of information by thecustomer via phone, bike display screen or the rental terminalif applicable. Customer service must be informed about anyproblems via the service hotline immediately. Notification at alater stage may result in any associated recourse claims beingrendered invalid.§4 Rental LimitationsUnless otherwise stated in writing by nextbike, each customermay rent up to four (4) bikes/pedelecs on their customer account at a given time. This shall not apply to any rentals fromthe Cardiff, Penarth or Glasgowarea where users shall only beallowed to rent two (2) bicycles/pedelecs. Any membershiprate or special offering on the account will only be valid for one(1) bike at a time. Other rentals made at the same time shall becharged at the pay as you go rate (exceptions if applicable tothis will be mentioned on the websites of the respective operation areas). Individual arrangements are subject to the availability of rental bikes/pedelecs and are possible upon written approval by nextbike.§5 Terms and Conditions of Use1)The rental bikes/pedelecs may NOT be used:a) by persons who are younger than 18 years (unless accompanied by an adult, or a member/system/brand of a partnerwhich nextbike has agreed to make an exception for (e.g.Stirling),b) to transport illegal, flammable, explosive, toxic or dangerous materials or substances,c)to carry other persons, in particular young children,d) for journeys outside of the United Kingdom and for journeys outside of the specific geographical brand areas without the written consent from nextbike,e) for hiring to third parties,f)to participate in bicycle races or bicycle test events withoutthe prior, written consent of nextbike.g)by individuals under the influence of alcohol or drugs (zerolegal (alcohol) limit),h) for any purposes other than the customer’s private use(e.g. the completion of any business activities - the improper use of the rental bikes under this section shall include but not be limited to the usage of the rental bikes tocomplete any activities that are related to or can be definedas a delivery business). For the avoidance of the doubt thisshall not include the usage of the rental bike to travel to thecustomer’s work location or work related meeting.i)if the bikes/pedelecs are used in unfavourable weatherconditions, (e.g. strong wind, rainy weather, stormyweather) or any weather conditions that are unfavourablej)nextbikes may not be placed in any form of public/privatetransport,2) The customer is obliged to obey all road and traffic laws andregulations.3) Freehand (“no-hands”) operation of the bike/pedelec is not allowed at any time.4) It is forbidden to use the bike/pedelec basket in an impropermanner or overload it (maximum allowable load: 5 kg). The customer is obliged to ensure that all transported goods and itemsare properly fastened and secured at all times.5) Unauthorized modifications or alterations to the rentalbike/pedelec are not allowed.6) Following the successful return of the rental bike/pedelec, if thecustomer wishes to reuse the returned bike/pedelec they shallbe required to initiate a new rental process.7) The customer is not allowed to change the provided lock codeor to provide it to third parties. In cases where it is found thattampering of the lock has taken place, a fee shall be applied tothe customer in question’s account.8) If a customer provides a bike/pedelec to a third party to use,they must guarantee that the third party agrees to these GTCs.The customer is responsible for the actions of any third partiesthey allow to use the bike/pedelec to the same extent as fortheir own actions. When lending the bike/pedelec to a thirdparty, the party must be older than 18 years.§6 Condition of Rental Bikes/Pedelecs1) The customer is responsible for making themselves familiarwith the condition and the appropriate use of the rentalbike/pedelec before rental.2) The customer is obliged to check before use that the bike/pedelec is in a roadworthy and safe condition, as much as is reasonably possible. Should the customer find technical defects or deficiencies at the beginning of, or at any point during the rentalperiod, they must notify customer service, end the rental andstop using the bike/pedelec immediately. If there is a technicaldefect or deficiency after rental but before the customer usesthe bike/pedelec, the rental will be cancelled by the provideronce notified by the customer.3) Defects such as tire damage, rim defects or gear shift failuresmust also be reported immediately. If the bike/pedelec is foundwithout its lock, the customer is obliged to contact customerservice.§7 Return of the Rental Bikes/Pedelecs1) The bicycle/pedelec MUST be returned to a station. The customer is obliged to follow road traffic regulations when returning or parking the bike/pedelec. Furthermore, they must ensurethat the bike/pedelec does not hinder road safety, that othervehicles and/or traffic are not obstructed and that no damageis done to third parties or their property. The kickstand is to beused every time the bicycle/pedelec is parked/returned and the2 of 5
General Terms and Conditions (GTCs) for Bike Sharing SystemsOperated by nextbike UK Ltdbike/pedelec is to be placed in the provided bike racks at therental station when available/applicable.(this is set out in more detail on the nextbike privacy policy) inthe legitimate interest of the provider.2) Customers are NOT allowed to return or park bikes/pedelecs:a)b)c)d)3)4)5)6)at traffic lights,at parking ticket machines or parking meters,at traffic signs,on walkways which are thereby reduced to a width of lessthan 1.50 meters,e) in front of, in or near emergency exits and fire departmentservice zones,f) where the bike/pedelec blocks local advertisements,g) to lock the bike/pedelec at fences of private or public buildings,h) on train and or bus platforms,i) on public bike racks,j) in buildings, backyards/courtyards or within any type of vehicles at any time,k) on guiding paths for the blind,l) at or in front of post boxes,m) in front of doors or gates or in their swivel range,n) in or in front of driveways.The rental bike/pedelec must be locked properly when not inuse, even if the customer leaves the bike/pedelec unattendedfor a short time. More information about how to lock a bike en/information/,The customer shall NOT be allowed to park/return thebikes/pedelecs in parks/green spaces or on private property.Failure to comply with the above provisions shall result in k/en/prices/.The customer shall be responsible for payment of any officialfines and/or claims on the part of any third parties incurred asa result of non-compliance with these regulations or legal regulations.§8 Provisions Relating to Pedelecs (If applicable)1)Pedelecs require periodic battery charging in order to function.The customer agrees to use the pedelecs safely and complywith all restrictions and requirements associated with pedelecsas required by any laws and or regulations. The customer further agrees and acknowledges the following:a)all nextbike pedelecs are limited to 25km/h,b)the level of charge remaining in the battery of the pedelecwill decrease with usage (in regards to time and distance).As the level of power decreases, the speed and other operational capabilities of the pedelec may decrease,c)the level of charge of the pedelec at the time of the customers rental is not guaranteed and may vary with eachrental,rate of loss of charging power during usage of the pedelecis not guaranteed and shall vary based on a number of factors (e.g. geographic terrain, weather conditions and otherfactors),it is the customer’s responsibility to check the level ofcharge power of the pedelec and make certain that it is adequate before initiating rental/usage of the pedelec.d)e)2) Nextbike, through the assistance of a third party, collects, processes and uses location data of pedelecs only while rented§9 Returning of Rental Bikes/Pedelecs1) The return of rental bikes/pedelecs outside the defined area ofusage is not permitted. In general, this area is defined as the cityin which the bike/pedelec was rented. In cases where there is aregional system, users may rent a bike in one city and return itin another. Users are reminded that they are not allowed to putbikes/pedelecs on trains or other forms of transportation.2) Any bikes/pedelecs returned to any other place (improper return) shall be subject to a 10 fine plus 1 for every mile awayfrom a station.a) The continuous improper return of the bike/pedelec shalllead to an increasing penalty based on the repeated improper behaviour. The fees are set by nextbike and can beviewed at https://www.nextbike.co.uk/en/prices/.3) The bike/pedelec must be returned so that it is clearly visible atone of the stations published online (or in the app) using thelock provided. The customer is obliged to inform the providerthat the rental period is being ended as well as of the exact location of the return (station name/number bike location/GPScoordinates). This may be done via telephone or by using thesmartphone app, the rental terminal or the bike computer.Where the bike is returned automatically/manually by lockingit, the customer must check within the app if the return wassuccessful.4) Where applicable, in cities using a flex zone, clearly marked inthe map, accessible via smartphone or online, the bike/pedeleccan be returned to a public area according to the description ofthe respective system.5) The customer must be able to provide this information to nextbike upon request for a period of 48 hours following the rentalperiod.6) Should the customer, due to their own fault, not return thebike/pedelec at a defined area as described in paragraph 1 to 3,provide false information or forget to return the bicycle/pedelec entirely, nextbike will charge them a service fee (contractualpenalty) in accordance with the current price list as publishedat https://www.nextbike.co.uk/en/prices/.§10 Nextbike UK Liabilities1) Nextbike UK shall be liable to the customer in any case of malicious intent or gross negligence demonstrated by nextbike, aswell as by any representatives or agent in accordance with thestatutory provisions. Furthermore, nextbike is only liable for theviolation of life, bodily health or culpable violation of essentialcontractual obligations or any other statutory reasons that maybe applicable. Should any essential contractual obligations bebreached, the claim for damages shall be limited to the foreseeable damage adhering to the contract. Nextbike is not liable fordamages to objects which have been transported during arental either through the use of the bike basket or the cellphoneholder (if applicable), unless the damage was due to intentionalor grossly negligent behavior of nextbike. Other than the aforementioned stipulations, the liability of nextbike is excluded.2) nextbike shall not be liable in cases of improper and/or unauthorized use of the bicycle in accordance with §3 unless thedamage was due to intentional or grossly negligent behavior of3 of 5
General Terms and Conditions (GTCs) for Bike Sharing SystemsOperated by nextbike UK Ltdnextbike or the damage would have occurred independent ofthe improper/unauthorized use.§11 Customer Liabilities1) Use of services provided by nextbike occurs at the customer’sown risk. The customer takes full responsibility for damagescaused by themselves. The customer is solely responsible forany liability claims resulting from actions or events occurringduring the rental period or as a result thereof. Claims made bynextbike’s liability insurer against a customer remain unaffected.2) The customer shall be made liable for all costs and damages incurred by nextbike due to culpable non-compliance with obligations under these terms and conditions.3) The customer accepts liability from the moment they receivethe lock code or the bike automatically unlocks until successfulreturn (max. 48 hours) or the bike has been rented by anothercustomer. If the customer causes damages due to any negligentbehaviour or the bike is stolen because of such, the customerremains liable according to the costs for material and labourcosts or recovery of stolen bikes to an amount up to but notexceeding (please refer to the nextbike website in regards tothis https://www.nextbike.co.uk/en/prices/). This maximumamount does not apply in cases in which the customer hascaused the damage intentionally or where the customer isproved to be grossly negligent in their actions or if the customerreturns the bike outside of the respective operation area (flexzone or station). In such cases, the amount of liability claims applicable shall be determined by the actual amount and realvalue of damage incurred.4) The customer is liable for the consequences of traffic offencesor criminal offences committed by them during use. They shallbear all resulting costs and indemnify nextbike completelyagainst any claims of third parties.5) If the bicycle/pedelec is stolen during the rental period, the customer must report the theft immediately to the police and thento nextbike via the customer service line and via an email [email protected]) Nextbike is entitled, in cases of due reason e.g. non-compliancewith these GTCs or any other applicable laws or regulations andin particular in cases of misuse, to cancel customer rights andthereby exclude customers from using nextbike services and bicycles.7) Information obtained by the police regarding non-compliancewith these GTCs, any applicable laws or regulations, while thecustomer or any user under their account are using a bicyclemay be disclosed to nextbike. Nextbike may use such information to exclude or suspend the customer from using the bicycles.§12 Customer Obligations in Case of AccidentsNextbike must be informed of accidents immediately via telephone and email at [email protected]. In cases of accidentsinvolving not only the user, but also third-party property orother persons, the customer is also obliged to report the incident to the police immediately. Failure to do so on the part ofthe customer shall result in the customer being liable for damages incurred by nextbike owing to infringement of said obligation.§13 Use of Customer Cards, E-tickets or Electronic Employee IDCards1) If the customer uses a customer card issued by a nextbike cooperation partner as an access medium, they agree, when usingthe card for the first time, that nextbike may request all customer data necessary for business processes from the cooperation partner.2) When the validity of the customer card of a cooperating partnerhas expired, the customer account at nextbike shall be deactivated in cases where no means of payment has been recorded.Upon provision of a valid means of payment, the customer shallbe allowed again to use the provider’s services.3) If the customer card is lost, the customer is required to blockthe card by calling customer service. Replacement of the cardmay not be possible.§14 Confidentiality of User Information1) The customer is responsible for preventing unauthorized use ofthe customer’s user data by third parties. This applies, inparticular, to their personalised PIN/password.2) Nextbike expressly states that nextbike employees are not authorized to and will never request or ask for the customer password.3) The customer may change the personal data anytime and as often as they want.4) Should the customer have reason to believe that their user datahas been compromised or misused, they should inform nextbikeof this fact immediately.5) The customer may deactivate their customer account eitheronline at https://secure.nextbike.net/uk/en/account/ or bymeans of written notification sent to nextbike ([email protected]).§15 Fees, Prices and Calculations1) Nextbike’s calculation of all fees and services shall be chargedon the basis of the prices valid at the beginning of each individual use of bicycle (rental according to Section 5). Rental fees canbe found on https://www.nextbike.co.uk/en/prices/.2) Special rates (e.g. annual membership, monthly membership)or gift certificates are valid for one bicycle/pedelec per rental.These are also, in general, valid for and may only be used by theperson to which they were specifically issued in accordancewith the current price list.3) The annual membership is valid for twelve (12) months following the order. The validity is automatically extended by oneyear, unless the customer cancels the tariff in writing or by email at most 2 weeks after renewal.4) The monthly membership is valid for one (1) month followingthe order. The validity is automatically extended by one (1)month, unless the customer cancels the tariff in writing or by email at most one (1) week after renewal.5) Cancellation of special rate agreements does not result in theautomatic deactivation of a customer account with nextbike.Should the customer wish to deactivate an account, this may bedone online at www.nextbike.co.uk or via email to [email protected] of 5
General Terms and Conditions (GTCs) for Bike Sharing SystemsOperated by nextbike UK Ltd§16 Payment and Delayed Payment1) The customer is obligated to pay the billed amounts by meansof credit or debit card. The customer may change their preferred method of payment at any time. Where nextbike has BikeShare For All programs in place, customers may be able to payin cash via official partners, which can be found on the or-all.2) Should it be impossible to process a payment due to insufficientfunds in the customer’s account due to customers fault or forother reasons for which the customer is responsible, nextbikewill close the account until the account is updated, unless thecustomer is able to show that the actual expense incurred waslower. In individual cases and if the customer is not able to showthat the expense was lower, the claims made by nextbike maybe equal to, but may not exceed the actual expenses incurred.3) If the customer defaults in payment, default interest will becharged at a rate of six (6%) percentage points over the baseinterest rate. Reminder fees in accordance with additional administrative effort and expense incurred shall also be chargedto the customer.4) If the payment is delayed for at least two (2) months, equal toor greater than 15 GBP, nextbike is authorized to demand theentire claim and to discontinue its service until the customermeets their obligations.§17 Billing, Rental Lists, Controlling1) Nextbike invoices its customers according to the current .uk/en/prices/. Finalized rental processes (includingcosts and time periods) may be viewed by the customer in theironline account at https://secure.nextbike.net/uk/en/account/ and in the app. This listing of all completed rental processes does not include items which are extraordinary and cannot be included by the automated system (such as fees due tocontractual non-compliance and/or service fees).2) Debiting of the customer’s account occurs automatically. Nextbike reserves the right, however, to demand payment by customers either by telephone or in written form.3) Objections to debited charges must be submitted in writing tonextbike within 30 days of receipt of the invoice. Customerrights following expiry of the objection period, also in cases ofrightful claims, remain unaffected. Any refunds due will be credited to the customer’s account and applied to the next due payment unless otherwise dictated by the customer.§18 Termination and Deletion of Customer Information1) Both contractual partners may terminate the framework contract at any time with a notice period of two weeks. The right toextraordinary termination is not affected by this provision. Thecustomer may deactivate their customer account either onlineat www.nextbike.co.uk or via email to [email protected]) Special rates (e.g. annual membership) are linked to specificcontractual periods. Conditions for termination of special ratesare specified in §15 para. 3. Upon termination of a special rate,the customer card should be returned to nextbike at ImpactBrixton, 17a Electric Lane, Brixton, SW9 8LA.3) Once the customer account has been closed, the customers personal data may be retained for purposes as required to meetlegal/regulatory requirements or any financial requirements/obligations that are due by the customer to nextbike(this may include but shall not be limited to the payment of anyoutstanding amount on a user’s accounts).4) The deactivation of an account shall mean that an account isclosed. If a customer wishes to use this account again, they willbe required to go through the registration process again.5) An account shall only be deactivated by nextbike once all debtshave been paid and no obligation to nextbike exists from thecustomer.6) When closing their accounts, customers shall be entitled to request a refund if there is a credit on the account, provided thatthere are not open amounts due to the Provider.§19 Privacy Policy1) Nextbike UK, through its parent company nextbike GmbH, collects, stores and uses customers’ personal data where it is necessary to fulfill: 1) its contractual obligations, 2) the realizationof the contract between the customer and nextbike or 3) to fulfill any other legal duty. Nextbike GmbH is obligated to use thatdata only in compliance with the provisions set forth in the German Data Protection Act (Bundesdatenschutzgesetz) and theGeneral Data Protection Regulation and the Data Protection Actof 1998.2) Nextbike UK and nextbike GmbH shall be entitled to disclose information about the customer to investigating authorities andto the necessary extent, in particular the customer’s address,should proceedings be initiated against the customer for a civilor criminal offence.3) For the purpose of payment, the customer’s payment data willbe transferred to our payment-partners for verification and accounting of the rental fees. Following the registration process,this data is no longer visible to employees of nextbike UK ornextbike GmbH.4) Further information regarding the use, administration and processing of personal information may be viewed in our PrivacyPolicy online at https://www.nextbike.co.uk/en/privacy/.§20 Further Provisions1) These GTCs and customers’ use of nextbike’s services are governed by and construed in accordance with the laws of England,Wales, Scotland and Northern Ireland.2) Verbal auxiliary agreements do not exist.3) Legal ineffectiveness of any part of these GTCs does not affectthe validity of the remainder of the document.4) Should a provision of these GTCs be or become ineffective orunfeasible, the validity of the remainder of the document andits provisions shall remain unaffected. A regular and valid provision which has the aim and purpose of the law with similar context shall be adopted in place of the invalid provisionStandard Service Hotline: 020 8166 9851Welsh Service Hotline – Cardiff, Penarth, Swansea: 029 2248 1736Email: [email protected]: www.nextbike.co.ukSocial media – Facebook, Instagram, Twitter: @nextbikeuk5 of 5
Santander Cycles MK in Milton Keynes, 4) . Customer service must be informed about any problems via the service hotline immediately. Notification at a later stage may result in any associated reco