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Terms Big Issue Ebikes

  • Updated

Last Version 28.1.2022

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply our services to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the services, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. Information about us and how to contact us
    • Who we are. We are Big Issues Ebikes Bristol Limited (“Big Issue eBikes” or “we” or “our”) a company registered in England and Wales. Our company registration number is 13472602 and our registered office is at 30 Bonville Road, Bristol, BS45QH, England
    • How to contact us. You can contact us by telephoning our customer service team at 01179717695 or by writing to us at support@bigissue.bike.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we confirm our acceptance of a request to use the services, at which point a contract will come into existence between you and us.
    • You are registering as a customer of Big Issue eBikes’ services for the provision of shared bicycle use services. Registration does not entitle you to use any specific bicycle at any given time or place. Through the app, you shall be able to offer to use a specific bicycle at a specific time and place and if we accept your offer, you shall be entitled to use the bicycle subject to these terms (Trip)
    • You cannot share your user profile or account with others.
    • You must be over 18 years of age to use the services.
    • The current price list for use of the service can be found here.
  4. Using and returning Big Issue eBikes
    • Trip length.You can rent a Big Issue eBike for as long as you want. Trips are usually capped at a maximum of 12 hours unless otherwise stated in the app.
    • Your responsibility. You are responsible for the bike from the moment you start the Trip in the app (or unlock a bike from a parking station), until you have parked, returned and successfully terminated the rental. Do not give the bike to other people – each user of a bike should be separately registered. You are entirely responsible for any loss or damage caused if you injure yourself or others or if you damage any property (including your own) whilst using the bicycle and as such, the utmost care should be taken when using the bicycle. You should be able to ride a bike and be confident using roads and cycle paths before you begin your Trip. You must not use the bicycle when you are incapacitated by illness, infirmity or use of intoxicating substances.
    • You must show consideration for other people on the road and comply with the highway code and all local traffic rules.
    • Helmets. It is our strong recommendation that you should wear a cycle helmet compliant with all prevailing local standards at all times whilst using the bicycle. Cycling without a helmet is done at your own risk and we reserve the right to argue that you are contributory negligent if you incur any injuries which might otherwise by caused by us.
    • Defective or damaged bikes. The bikes are put out in good condition and continuously inspected and repaired. However, you may find a bike with a mechanical issue. You are responsible for checking the bike is in a roadworthy condition before it is used. Brakes must be checked immediately after you have started the rental.
    • Notification of a defective, or damaged bike. You must report any major damage, or defects to the bike via the app immediately. If you report a defective bike and terminate the rental within 1 minute, you will be not be charged for the Trip.
    • Locking the bike.If you leave the bike unattended during your rental period (e.g. if you are going into a shop, or visiting a tourist attraction), you need to ensure it is securely locked with the integrated locking function..
    • Lost bikes.You must report any loss in the app immediately. If the bike was not properly locked when you left it, you will be liable for the full value of the bicycle, if the bike is not recovered in its current condition.
    • Ending the rental period. At the end of the Trip, you must park the bike to one of Big Issue eBikes designated parking areas marked on the map. The Trip ends when the bike is locked and rent is terminated in the App. You will receive confirmation in the app when the bike has been parked and the Trip has ended.
    • Problems with termination. If you have problems terminating the Trip, you must immediately notify Big Issue eBikes via the app.
    • Confirmation of the rental. If you have not terminated the rental correctly within 12 hours from the start of the Trip, Big Issue eBikes may contact you at any time to check if you still want to continue the Trip.
  5. Your rights to make changes

If you wish to make a change to the service or a Trip you have ordered please use the app to make such changes. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Our rights to make changes
    • Minor changes to the services. We may change the service from time to time:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
  1. Providing the services
    • When we will provide the services. The services are ongoing whilst you are a registered user, however you will only be charged when we have accepted your offer for a Trip. We will begin the services at the time and date agreed with you during the Trip order process.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, contact information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of services to you. We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical changes;
      • update the service to reflect changes in relevant laws and regulatory requirements;
      • make changes to the service as requested by you or notified by us to you.
    • Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
    • We may also suspend supply of the services if you do not pay. If you do not pay us for the use of the services when you are supposed to and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts.
  2. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract;
      • If you are a consumer and have just changed your mind about the service, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
      • we have told you about an upcoming change to the services or these terms which you do not agree to;
      • we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
      • there is a risk that supply of the services may be significantly delayed because of events outside our control;
      • we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for services bought online you have a legal right to change your mind within 14 days and receive a refund. However, your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running. If you have partially used the service, we are entitled to charge you on a pro-rata basis for the services you have used.
    • Tell us you want to end the contract. To end the contract with us, please use the app.
    • How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, if the services have been used or partially used.
    • When your refund will be made. We will make any refunds due to you as soon as possible.
  3. Our rights to end the contract
    • Big Issue eBikes’ termination of the services and/or Trip. We may terminate the Trip at any time if we have reason to believe you no longer wish to rent (even though the tenancy has not been terminated correctly), or we have reasonable grounds to believe that you have not taken sufficient care of the bike. In such cases, we may charge you a fee of up to £25 if the bike must be picked up at a place other than one of our parking zones and stations. You can find Big Issue eBikes parking zones and charging stations in the map view of the app.
  4. Your rights in respect of defective service:
    • You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
    • If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
    • If you haven't agreed a time beforehand, it must be carried out within a reasonable time
  5. Price and payment
    • Where to find the price for the product. The price of the service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
    • When you must pay and how you must pay. We accept payment with Visa, Mastercard, American Express China UnionPay, Apple Pay, Google Pay, AliPay, WechatPay payments from customers worldwide. We will invoice you for the price of Trip when the services are completed and shall take payment from your credit card.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know..
  6. Liability
    • If you lose or damage the bike, or it is stolen from you because you have not complied with one of the terms above, Big Issue eBikes can hold you liable for damages, limited upwards to the bike's purchase price of £1500.
    • If you should’ve discovered the damage at the start of the Trip, Big Issue eBikes is not responsible for personal and property damage that occurs due to a defective or damaged bicycle that you use. Nor is Big Issue eBikes liable if you continue to use the bicycle after a defect or damage has occurred during your rental period and you have continued to use the bike.
  7. How we may use your personal information
    • How we will use your personal information. We will only use your personal information as set out in our PRIVACY POLICY
    • You accept that all bicycles are equipped with GPS tracking which reports geo-location data to us and that such tracking is a condition for using Big Issue eBikes
    • Big Issue eBikes collects, stores and processes various personal information about you. Big Issue eBikes is responsible for processing this information. Details regarding current information can be found in Big Issue eBikes Privacy Statement.
    • You have the right to complain about Big Issue eBikes processing of your information to the Information Commissioner's Office.
  8. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Force Majeure. Big Issue eBikes cannot be held liable if the following circumstances prevent the bicycle service from being adequately delivered: Labour disputes, computer attacks, unplanned downtime on computer systems, destruction of infrastructure, theft, extreme weather, fire, war, natural disasters, terror and epidemics.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
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