Terms And Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF EBEES SERVICE. THIS IS ALSO A RELEASE, WAIVER, AND ASSUMPTION OF RISKS AGREEMENT – PLEASE READ CAREFULLY
Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
Definitions and Interpretation
“Accidental Damage Waiver”
-Means a fee paid by you which covers any accidental damage to the scooters / bikes.
– Means, a bicycle supplied by Us and hired by You subject to these Terms and Conditions;
– Means, a scooter supplied by Us and hired by You subject to these Terms and Conditions;
– Means, a bicycle or scooter supplied by Us and hired by You subject to these Terms and Conditions;
– Means the contract for the hire of the bike(s)/ scooter(s) by You from Us
– Means the period for which You will hire the Bike(s) / Scooter(s)
– Means a calander month
– Means the total price payable for the hire of the Bike(s);
-Means the sum payable to cover the non-return, loss, theft or non-accidental damage of the Bike(s) / Scooter(s)
-Means you, the hirer of the Bike(s)/ Scooter(s)
Terms and Conditions
All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.
You must promptly report any damaged or malfunctioning Vehicles to Ebees via the e-mail or contact us on 03333 22 1818
Ebees expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Pounds Sterling.
1. General Rental and Use of Vehicle.
1.1 Rider is Sole User. Ebees and the Rider are the only parties to this Agreement. The Rider is the sole
renter and is solely responsible for compliance with all terms and conditions contained herein. You
understand that when You pick up a Vehicle from the location, the Vehicle must be used only by You. Youmust not allow others to use a Vehicle that You have picked up from the location.
1.2 Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old.
1.3 Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining weather conditions, including but not limited to, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Ebees. Rider agrees that the Vehicle and any Ebees equipment
attached thereto, at all times, remain the exclusive property of Ebees. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Ebees equipment in any way.
You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Ebees equipment, for any advertising or other commercial purpose without the express written permission of Ebees.
1.5 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws
pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect towards others while using the Ebees Services.
1.7 Prohibited Acts. Rider agrees to the following:
Ebees recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle. If You choose to use such an item, Ebees recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags. While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other
substance that may impair Your ability to operate a Vehicle safely.
You must not carry a second person or child on a Vehicle.
The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
1.8 Vehicle is intended for only limited types of use. Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.9 Reporting of Damage or Crashes. Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Ebees through written communication as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse,
consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and
expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen/ lost / crashed Vehicle.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.
1.10 Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to Ebees in the same condition in which it was rented. If damaged security deposit will be charged and rider can also be charged up to £800 pound sterling for damage to Vehicle .
1.11 Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.
The Vehicle may run out of charging power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching Rider’s desired destination.
1.12 Charging of Vehicle. If the Vehicle runs out of charging power during a rental, Rider may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle. Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that Ebees will not reimburse Rider for such.
By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Ebees are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
2.PAYMENTS & FEES
2.1 Fees. Rider may use the Vehicle on a pay per day basis or as otherwise in accordance with the pricing described by Ebees. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Ebees. Ebees will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of £6 pound sterling per 24hrs.
2.2 Maximum Rental Time and Charges. Vehicles not returned on due date with no contact with Ebees will be considered lost or stolen, and Rider may be charged up to 800 pounds and a police report may be filed. Ebees may also charge a fee of 20 pounds for rentals in excess time of agreed termination of rental agreement, with no contact with Ebees agreeing to extend rental service.
2.3 Valid Credit Card or Debit Card. To be registered to use the Ebees Services, Rider must provide Ebees with a valid credit or debit card number and expiration date. Rider authorises Ebees to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Ebees. Rider agrees to immediately inform Ebees of all changes relating to the card.
2.4 Pick Up Fees. If You are unable to return a Vehicle and request that the Vehicle be picked up by
Ebeesuk staff, Ebeesuk, at its sole discretion, may choose to charge You a pick-up fee up to 100 pounds. Fees are subject to change.
2.5 Ebeesuk can press up to £800 pounds for damage to the vehicle. Deposit will also be non-refunded if damage to vehicle has occurred. Ebeesuk can also take away deposit for no return of lock, charger and helmet. Once scooter(s) have been returned and all charges and fees are settled, Ebees will delete Debit/CREDIT card information.
3.1 Safety Check. Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert Ebees of any problems.
3.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours termination of rental agreement, (b) other facts and circumstances that suggest to Ebees in its reasonable, good faith determination that a Vehicle has been lost or stolen. Ebees and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle. If Ebees deems a Vehicle lost or stolen, Ebeesuk shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees to report Vehicle disappearance or theft to Ebees immediately. Ebees can charge a £800 pound compensation fee for lost or stolen scooters/bikes.
3.3 Helmets; Safety. Ebees recommends that all Riders wear a safety approved helmet that has been
properly sized, fitted and fastened according to the manufacturer’s instructions. Ebees do not represent or warrant the quality or safety characteristics of any helmet. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3.4 Vehicle Routes. Rider agrees that Ebees does not provide or maintain places to ride Vehicles, and that Ebees does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
3.5 Limitations on Vehicle Rental. Rider agrees that Ebees is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Ebees provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
4.1 Termination by Ebees. Rider may terminate Rider’s use of the Ebees Services at any time; provided, however, that (i) no refund will be provided by Ebees, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Ebees Services, regardless of how the Agreement is terminated.
5. Confidentiality of Information; Privacy Policies.
You understand and agree that all personal information that is held by Ebees and pertains to Riders,
including all names, addresses, phone numbers, email addresses, will be kept by Ebees on a secure locked system.
7. Choice of Law; Dispute Resolution.
This Agreement is governed by, and must be construed and enforced in accordance with, the laws [ and statutes and by-laws] of the United Kingdom, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable legal fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the United Kingdom and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in the United Kingdom.
8. Final Agreement; Modification by EBEES.
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s consent, Ebees may unilaterally amend, modify, or change this Agreement, in its sole discretion. Rider must carefully review this Agreement before every rental to maintain awareness of all amendments, modifications, and changes..
9. Voluntary Execution of this Agreement.
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Ebees. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains.
10. Assumption of Risk
All of the Ebees Services, Vehicles, and related equipment are provided “as is” and “as available,” and Rider relies on them at Rider’s own risk.
Rider is aware that Rider’s use of any of the Ebees Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to: vehicles and other objects; pedestrians; traffic; Vehicle or component malfunction; road conditions; weather conditions; failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7; commission of any of the prohibited acts listed in Section 1.8; failure to perform the required safety check pursuant to Section 3.1; failure to wear a helmet where required by law; and negligent acts or omissions by Ebees. Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction and such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, injury and hazards.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride an Ebees with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.