Terms and Conditions of Use

Terms & Conditions


Kingston University Cycle Hire Scheme – User Terms & Conditions – August 2017 

1. Introduction 

These terms and conditions apply to your registration to, and/or use of, the cycle hire scheme provided by Kingston University (“KU”) – KU Bikes.
1.1 If you have an enquiry or complaint or experience a problem using KU Bikes please contact the KU Bikes contact centre (the “Contact Centre”)
Contact Details:
Contact Centre:  0330 043 2391
Postal Address:  Intelligent Transport Services, Popeshead Court Offices, Peter Lane, York, YO1 8SU
Website:  
www.ku-bikes.co.uk
In these terms and conditions some words have a special meaning as set out below:
(a) “Bike Access Period” is one of the following periods of time, to be purchased in accordance with paragraph 3 below, during which you may use KU Bikes:
(i) 24 consecutive hours (“Daily”);
(b) “Bike” or “Cycle” is a KU Bikes bicycle;
(c) “Charges” are the Bike Access Fee(s), Membership Card Issue Fee(s), Extra Ride Charge(s) and any other charges set out at paragraph 11 below (Charges and payment);
(d) “Docking Point” is the equipment and mechanism at a Docking Station from which a Cycle is undocked and/or docked;
(e) “Docking Station” is a Cycle docking station including the Docking Points and Terminal;
(f) “Membership Card” is the KU Card of Registered Users that can be used as a method of identification of the Registered User to allow the undocking of a Cycle;
(g) “Registered User” is a person who has registered to use KU Bikes by providing us with certain personal details;
(h) “Release Code” is the unique code that we issue to you, as a registered user;
(i) “Tips for Safer Cycling” are the tips for safer cycling as set out at 
www.ku-bikes.co.uk and as updated
by us from time to time;
(j) “we”, “our” and “us” refers to Kingston University Cycle Hire Scheme – User Terms & Conditions;
(k) “you” refers to a Registered User.
1.2 Our staff, contractors and agents have no authority to make individual exceptions or amendments to these terms and conditions.
1.3 In these terms and conditions we refer to various policies that we have established in connection with the operation of KU Bikes. These policies are available on request from us.
1.4 We may amend these terms and conditions, including the Charges, from time to time. In these circumstances, you may be eligible for a refund of certain Charges that you have paid us in accordance with our Refund Policy. A copy of the latest version of the terms and conditions can be obtained from 

www.ku-bikes.co.uk or are available on request from us.

2. Registration

2.1 To register as a Registered User, you must:
(a) be aged 16 years or over;
(b) ensure that all data provided by you is accurate;                                                                                          
(c) in terms of Registered Users, have a UK postal address that matches the billing address linked to the Membership Card (KU Card); and
(d) agree to these terms and conditions.
2.2 We reserve the right to refuse your registration to KU Bikes and use of a Cycle, in accordance with the provisions of our User Policy.

3. Bike Access Period 

3.1 The Bike Access Period is for one year when registering as a Registered User, for each Membership Card on your account
3.2 The Bike Access Period shall commence:
(a) as a Registered User, when you use the relevant Membership Card to undock a Cycle from a Docking Point for the first time; or
3.3 Your right to use KU Bikes shall automatically expire at the end of the relevant Bike Access Period ( one day, one week, quarterly or one year)
3.4 When the Bike Access Period has expired:
(a) if you are a Registered User, in accordance with the Membership Card Use Policy, only the Membership Card(s) in respect of which the Bike Access Period has expired cannot be used to undock a Cycle from a Docking Point unless and until a new Bike Access Period is purchased for such Membership Card(s).

4. Membership Cards and Release Codes

Membership Cards 
4.1 If you register as a Registered User, your KU Card will become your Membership Card.
4.2 Each Membership Card:
(a) is personal to you;
(b) must be looked after by you with reasonable care; and


Your Membership Card cannot be used to undock a Cycle from a Docking Point once the Bike Access Period for the relevant Membership Card(s) has expired, unless and until you purchase a new Bike Access Period for such Membership Card(s) and following payment of the relevant Bike Access Fee for you and each Additional User (as applicable).

5. Period of Use and Extra Ride Charges 

5.1 Cycles should not be used for more than 24 consecutive hours (“Maximum Period of Use”).
5.2 If you use a Cycle after the expiry of the Maximum Period of Use, you will be charged a Late Return Charge in respect of that Cycle , as set out in paragraph 11 (Charges and payment) below.
5.3 The Extra Ride Charges, as set out in paragraph 11 (Charges and payment) below, shall vary according to the length of time that you (or an Additional User) have taken a Cycle from a Docking Point for use (“Period of Use”). The Period of Use for each Cycle shall commence when you undock that Cycle from a Docking Point and ends when you securely dock the Cycle, and receive a “Bip”, at a Docking Point.
5.4 The Period of Use shall be determined using the data recorded on our systems and that data shall be proof of your Period of Use.
5.5 Please note that you only have 90 days from the date that the relevant Charge is collected to either query the Charge or to claim a refund and any queries or claims submitted following the expiry of this period will not be processed or paid.

6. Availability of KU Bikes 

6.1 We will always try to run a reliable service. Sometimes part or all of KU Bikes will be unable to operate for reasons beyond our reasonable control. We reserve the right to change the advertised dates and hours
of operation of KU Bikes without giving you prior notice.
6.2 During certain periods, Ku Bikes may be heavily used so we cannot always guarantee to have a:
(a) Cycle available for use at the Docking Station of your choice; or
(b) Docking Point available to dock a Cycle at the Docking Station of your choice.

6.3 If you are unable to dock a Cycle(s) at the Docking Station of your choice due to the lack of an available Docking Point(s), you should lock the bike to the last bike at the docking station and contact us via email or phone.

7. Your obligations 

7.1 You are personally responsible for:
(a) each Membership Card and Release Code issued to you;
(b) each Cycle that you use;
(c) all items that you transport on a Cycle or in the Cycle basket; and
(d) the Charges that you incur.
7.2 From time to time, we may require information in respect of use of a Cycle by you. At our request,
you agree to provide:
(a) your name and address; and
(b) details of each journey, including the date and time that you used a Cycle and route taken.
7.3 When using a Cycle, you:
(a) must:
(i) comply with these terms and conditions and all applicable laws;
(ii) wear a cycle helmet;                                                                                                                                                                 (iii) have due regard to the Tips for Safer Cycling;
(iv) check that the Cycle (including, without limitation, the tyres, brakes, saddle and bell) is road worthy;
(v) abide by the Highway Code;
(vi) observe all traffic signs and signals;
(vii) use the Cycle reasonably, considerately and responsibly;
(viii) take reasonable care of the Cycle;
(ix) when returning a Cycle to a Docking Station, securely dock the Cycle, as indicated by a green light,
at an available Docking Point to end the Period of Use and avoid theft of and damage to the Cycle;
(x) dock the Cycle in the same condition as it was undocked (except for fair wear and tear); and
(xi) securely dock the Cycle at a Docking Station (as indicated by a “Bip”). If you do not receive a “Bip”,
ou must contact our Contact Centre; otherwise you may incur additional Charges;
(b) must not:
(i) leave a Cycle unlocked;
(ii) use a Cycle to provide or operate a courier service or other business;
(iii) give, lend or sell the Cycle or any Membership Card to any other person or allow any other person to use a Cycle or Membership Card;
(iv) damage, deface or vandalise the Cycle, Docking Station, Docking Point, Terminal or any of our equipment or property in any way;
(vi) load the:
(A) Cycle basket with a load of more than 10 kilograms or any object which overhangs the basket;
(B) Cycle with a total weight of more than 115 kilograms;
(C) Cycle with more than one person at a time; or
(D) Cycle basket with any animals, children or persons;
(vii) carry:
(A) dangerous, hazardous or flammable substances; or
(B) any object that is:
1) likely to cause injury to you or injury or offence to any other person;
2) likely to cause damage to the Cycle, any other person or property; or
3) prohibited at law;
(v) use the Cycle for racing or stunt or trick-riding;
(vi) dismantle or tamper with the Cycle (or in any way attempt to do so);
(vii) add or attach accessories or trailers to the Cycle; or
(viii) use the Cycle in an anti-social manner, i.e. a manner that causes or is likely to cause harassment, alarm or distress to others.
7.4 If you experience any problem with a Cycle during the Period of Use that prevents you from continuing to use the Cycle, please contact our Contact Centre. If you experience any problem and are able to safely continue to use the Cycle and return it to a Docking Station, please report the problem to us by contacting the call centre or the helpline.

8. Insurance 

8.1 It is the users responsibility to arrange their own insurance for use on the cycle hire scheme.

9. Charges and payment

9.1 All of the Charges applicable to your use of KU Bikes are set out below:
KU Bikes Hire Service Rates
DAILY PASS
Cost £1 – 24 hours from the time of subscription. First one hour of each ride is free, thereafter £0.50p/30 minutes
 
WEEKLY PASS
Cost £4 – 7 days (7 x 24 hours) from the day / time of subscription. First one hour of each ride is free, thereafter £0.50p/30 minutes
 
QUARTLEY PASS
Cost £10 – 3 months from the day / time of subscription. First one hour of each ride is free, thereafter £0.50p/30 minutes
 
ANNUAL PASS
Cost £20 – 1 year from the date of subscription. First one hour of each ride is free, thereafter £0.50p/30 minutes
 
MAXIMUM RENTAL TIME
Cost £80 – If the user does not return the bike within a 24 hour period.
 
REPAIR FEE
If a Bike is damaged during the Rider’s use of the Bike, beyond regular wear and tear, as a result of negligent or intentional conduct on the part of the Rider, the Rider shall be charged a fee that is equal to the cost of repairing such damage.
 
STOLEN BIKE FEE
If the Rider leaves a Bike unlocked or unattended and it is stolen, The Operator may charge the Rider its replacement cost of up to £2,000.00.


Payment methods
9.2 We do not accept cash.
9.3 You need to provide a valid UK bank account and agree to the payment providers terms and conditions (Stripe).  
9.4 During the Bike Access Period, you agree not to cancel your direct debit without first telling us and providing an alternative bank account from which we can collect the Charges
Payment Agreement 
9.5 By purchasing a Bike Access Period with a Payment Card, you agree to allow us to collect from your account the relevant Charges for the Bike Access Period, including (without limitation) Extra Ride Charges, Late Return Charges and Non-Return Charges as set out in paragraph 9.1 above (an “Agreement”). We will only seek payment for Charges in respect of actions initiated by you (or an Additional User). Such Charges will be payable at the times specified in paragraph 9.12 below.
9.6 We reserve the right to amend these terms and conditions including the Charges at any time but, where practicable, will use all reasonable endeavours to provide you with prior notification of any such amendments.
9.7 You have the right to cancel this Agreement at any time by contacting the Contact Centre and cancelling your registration to KU Bikes, provided there are no outstanding Charges which are payable by you under these terms and conditions.
9.8 You are responsible for ensuring that, in terms of Registered Users, your Registered User account details and Membership Card(s), are kept secure. In accordance with our Non-Return/Damage Policy, you may be liable for further Charges resulting from your failure to keep your Registered User account details and Membership Card(s) secure.
9.9 We reserve the right to suspend or cancel this Agreement at any time and will use all reasonable endeavours to provide Registered Users with prior notification of such action.
Payment of Charges 
9.10 You will become liable for the Charges from the times set out below:
(a) the Bike Access Fee for you shall be payable on successful completion of the registration process;
(b) the Late Return Charge shall become payable in accordance with the User Policy;
(c) the Non-Return Charge shall become payable in accordance with the Non-Return/Damage Policy; and
(d) Damage Charge shall become payable in accordance with the Non-Return/Damage Policy.
9.11 You may obtain a monthly statement for each of your journey records.
9.12 The above Charges shall be deducted from your Payment Card when payment is due.
9.13 We shall charge you a Late Return Charge for each Cycle that has not been docked at a Docking Point 30 minutes after the expiry of the Maximum Period of Use in accordance with the User Policy. If you are liable for the Late Return Charge(s), you will not be required to pay the relevant Extra Ride Charges for the Cycle(s).
Non-Return Charge and Damage Charge 
9.14 If a Cycle is lost or stolen during the Period of Use, we may charge you the relevant sum set out in paragraph 9.1 above for each Cycle that is lost or stolen within this period (“Stolen bike fee”).
9.15 If a Cycle is damaged during the Period of Use, then depending on the extent of the damage to the Cycle, we may charge you a sum up to the maximum sum set out in paragraph 11.1 above for each Cycle that is damaged within this period (“Repair feeDamage”).
9.16 If you are liable for the Non-Return Charge or Damage Charge, you may not be required to pay the Extra Ride Charges or Late Return Charges for the Cycle(s).
9.17 We will exercise our rights under this paragraph 9 in accordance with the Non-Return/Damage Policy.
9.18 It is the members responsibility to ensure they have sufficient funds in the registered bank account to complete your direct debit transaction in accordance with your Charges. ITS and its suppliers will not be held liable for any 3rd party charges resulting from insufficient funds to process the direct debit.

10. Lost or stolen Membership Cards

10.1 If your Membership Card is lost or stolen during the Bike Access Period, you must telephone and notify the Membership Card issuer and us by telephoning the Contact Centre.
10.2 If you lose a Membership Card or a Membership Card is damaged or stolen, you must notify us by telephoning the Contact Centre. Until you notify us, you will be liable for all Charges incurred on a lost or stolen Membership Card. Once notified, we will then arrange for your Membership Card to be permanently deactivated to prevent any misuse of it. You may also request a replacement Membership Card(s) to be issued. You may be required to pay an additional Membership Card Issue Fee for each replacement Membership Card in accordance with our Membership Card Use Policy.
10.3 If a Membership Card that has been issued to you is used fraudulently to obtain a Cycle, you will not be responsible to us for any Charges from the time that you have notified us to report that the Membership Card has been lost or stolen in accordance with the Membership Card Use Policy. You may remain responsible for any losses that we may suffer up to the time that you have reported the Membership Card to us as being lost or stolen.
10.4 In exercising our rights under this paragraph
11, and more generally in relation to the Membership Cards, we will apply the Membership Card Use Policy.

11. Cancellation and amendment

11.1 If you wish to cancel or amend your:
(a) registration to KU Bikes;
(b) auto-renew or Agreement; or
(c) payment method, Payment Card or any other personal details, you may telephone the Contact Centre.
11.2 If you are a Registered User with a web account, you may amend or update your registration details directly by accessing your account on-line.
11.3 If you cancel your registration to KU Bikes, during the access period you will not be entitled to a refund.
11.4 If you are a Registered User, you must notify us of a change of your address as soon as it is practical to do so.

12. Exclusion and suspension 

12.1 If at any time you do not comply with these terms and conditions and/or any applicable laws or fail to have due regard to the Tips for Safer Cycling while using a Cycle, we reserve the right to exclude or suspend you from using KU Bikes in accordance with the User Policy.
12.2 Information obtained by the police regarding non-compliance with these terms and conditions, any applicable laws and/or the Tips for Safer Cycling while you are using a Cycle may be disclosed to us and we may use such information to exclude or suspend you from using KU Bikes.
12.3 If you are excluded or suspended from using KU Bikes or we have reason to believe that you have used or attempted to use a Payment Card or Membership Card to defraud us, we may cancel your remaining Bike Access Period without payment of any refund to you, in accordance with the User Policy.

13. Complaints and disputes

13.1 As part of our standard enquiry and complaints handling the process, we will:
(a) record details of all enquiries and complaints that we receive, and
(b) consider and respond to each enquiry and complaint in accordance with our Complaints Handling Policy.
13.2 These terms and conditions shall be governed by English law.
13.3 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.

14. Other information of which you need to be aware 

14.1 Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.
14.2 You may not transfer any of your rights under these terms and conditions to any other person.
14.3 If there is a conflict between the English version and any translation of these terms and conditions,
the English version shall apply

15. Disclaimer

15.1 Users of the cycles shall abide by the Highway Code at all times. ITS Smoove shall not be liable for injury or loss whatsoever in relation to use or loan of a cycle, except in relation to death or personal injury arising from the operator's negligence. Any injury or loss resulting from or arising in connection with the reckless, careless or improper use of a cycle by a user shall be borne by such user. Users have a duty to report any damage or faults relating to the cycles immediately so that they can be maintained in a roadworthy condition.
15.2 If any damage is sustained to a cycle while in the possession of a user (beyond reasonable wear and tear), then the user will reimburse to the operator on demand the cost of any repair required and shall be invoiced accordingly by the operator.