MOBY Bikes, Dublin. General Terms and Conditions (“GTC”)
Please take time to read our Terms & Conditions. They are important, intended to be legally binding and set out the basis on which we agree to provide bike hire, related products and digital content.
The MOBY bike sharing scheme is provided by MOBY BIKES Limited (MOBY), company registration number 598600, address: MOBY Bikes, Dublin City University Alpha Innovation Campus, Old Finglas Road, Glasnevin, Dublin 11
You can contact our customer service team through our App, by email email@example.com or calling us +353 1 223 8480
1.1 App: means the MOBY app which can be downloaded to your mobile phone or tablet.
1.2 Bike: means a bike made available for hire by MOBY.
1.3 Charges: the charges payable by you in respect of bike hire and any additional charges that may be payable as set out in the App.
1.4 Registered User: refers to a person who has registered to use the MOBY service by providing us with certain personal and payment details when registering for an account with us.
1.5 We, our and us: refers to MOBY.
1.6 You, your: refers to a user of the MOBY service.
2.1 We reserve the right to refuse your use of MOBY bikes and related services at our complete discretion.
2.2 You must be 18 or over to set up a MOBY account and rent a bike.
2.4 We reserve the right to suspend your account at any time for your suspected failure to comply with these terms and conditions.
2.5 We may amend these terms and conditions, our charges and details of the MOBY service from time to time. The company commits to being transparent and accurate in our pricing structure and tariffs. However, where the company has made a genuine mistake and mispriced the services, the company has the right to cancel, change or refuse tariffs. If the company has charged the client prior to cancellation the company will refund the proportional amount.
2.6 No staff member other than a company director has authority to make individual exceptions or amendments to your contract with us.
2.7 We will always try to run a reliable service. Sometimes our bike hire service will be unable to operate for reasons beyond our reasonable control.
2.8 We offer no guarantee that a bike will be available when needed. All bike hire is subject to availability.
- Hiring & returning bikes
3.1 You may unlock a bike by scanning the QR code on the lid behind the seat of the bike or tapping a registered card. If you are unable to scan the QR code successfully for whatever reason, you may alternatively enter the bike’s identification number to unlock the bike. The bike’s identification number is on both sides of the bike.
3.2 When you have finished riding the bike, you must park it at any of the recognised public cycle parking spaces identified on our map within the App. If a bike is not parked in one of these identified spaces then it is either deemed not parked or lost. You must park your bike in a tidy, unobtrusive manner such that it does not obstruct pedestrian or vehicle traffic.
3.3 To park the bike, place it next to a bike rack, lock it and tap on End Bike Rental on the App.
4.1 You will need to register with MOBY by downloading the App and providing your details through the App. You will also need to register valid credit or debit card details which you are authorised to use. You will then be able to create an e-wallet which allows you to pay for using our services and any additional charges which may apply.
4.2 Charges include the following:
4.2.1 all payments associated with hiring a bike over a period of time;
4.2.2 costs of replacing or repairing a bike that is lost, stolen or damaged while you are responsible for it (15EUR).
4.2.3 retrieval costs if the bike is not parked correctly and needs to be retrieved by us.
All our charges are set out in the App and can be found in our app
4.2.4 Penalties and charges applied for misuse (15EUR)
All our charges are set out in the App and can be found in our app
4.3 If your e-wallet goes into debit, we shall take payment from your payment card to bring your balance into credit.
4.4 During the period of you being a registered user, you agree not to cancel your payment card without first telling us and providing an alternative payment card from which we can collect the Charges.
4.5 Your account credit is valid for a period of 12 months from the date of the last top up, after 12 months any remaining or unused credit will expire.
- Period of use
5.1 Bikes should not be used for more than 19 consecutive hours, this is the maximum period of use.
5.2 You must park and lock the bike at a designated public cycle parking area as set out in our App.
5.3 The bike is deemed lost and Charges shall apply should the maximum period of use be exceeded.
5.4 The period of use is calculated through the App.
- Bike faults & batteries
6.1 You use the bike at your own risk. You are obliged to check visually the technical condition of the bike before the beginning of the rental, and in particular to check the front and rear brake functionality, the condition of the wheels and tyres, the functionality of the front and rear lights, immediately after taking over of the bike. If you discover a fault with the bike immediately after initiating a rental you should immediately end the rental and report the fault to the us.
6.2 If you find a fault with the bike while cycling, please bring the bike to a stop when safe to do so and return the bike to the nearest recognised public cycle parking and lock it. Please report this fault to us on the App. We ask that you do not attempt to cycle the bike when there is a fault as this is neither safe for you nor for other road users.
6.3 Electric bikes require periodic charging of batteries in order to operate. The level of charge power remaining in an electric bike will decrease with use (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities of the bike may decrease (or cease in their entirety).
6.4 The level of charging power in the bike at the time you initiate the rental or operation of the bike is not guaranteed and will vary with each rental use.
6.5 The rate of loss of charging power during the use of the bike is not guaranteed and will vary based on the bike rented, road conditions, weather conditions and other factors.
6.6 It is your responsibility to check the level of charge power in the bike and to ensure that it is adequate for the ride you wish to undertake.
6.7 We do not guarantee the distance or time that you may operate any bike before it loses charging power completely. The bike may run out of charging power and cease to operate at any time during your rental including before reaching your desired destination.
- User obligations
7.1 You agree to take proper care of the Bike and to use it with due managerial care so as not to cause any damage or excessive wear to the bike. Throughout the Rental period, you are fully responsible for damage incurred to a Bike and for damage to health and property to third parties caused by the use of the bike, regardless of whether the bike has been used by yourself or you let another person use it.
7.2 You agree to use the bike safely and responsibly and in accordance with all applicable laws and regulations in Ireland.
7.3 You shall comply with all policies we have in place from time to time regarding your bike hire and use of the MOBY service.
7.4 You are responsible for all items you transport on a bike.
7.5 You must return the bike in the same condition as when you unlocked it, except for fair wear and tear.
7.6 We may occasionally need you to provide us with information regarding your use of a bike. If requested, you agree to provide details of your full name and address and details of each specified bike hire, including in respect of your use of the bike and the route taken.
7.7 Each time you hire a bike, you are confirming that you are fully capable of using a bike and physically fit to do so. You are responsible for determining weather conditions, including rain, snow, hail, ice or electrical storms, and any other conditions which, whether caused by the weather or otherwise, make it dangerous to use a bike.
7.8 Prior to using the bike, you must carry out a basic check of the main visible working parts, in particular that the:
7.8.1 Saddle and pedals are properly fixed;
7.8.2 Bell and brakes function properly;
7.8.3 frame and the tyres are in good condition and the tyres are adequately inflated;
7.8.4 lock is attached to the bike. This lock should be used by you at all times if the bike is left unattended at any time.
7.9 You are also advised to:
7.9.1 adjust the height of the saddle correctly;
7.9.2 check that the bike, in particular the saddle, is clean before use;
7.9.3 obey the Rules of the Road and traffic regulations in force at the time of using the bike (e.g. respecting traffic lights, not cycling on footpaths, etc.);
7.9.4 wear an approved helmet and suitable clothing; and
7.9.5 adapt braking distance and speed to weather conditions.
7.10 By using our service and hiring a bike you declare and warrant that you do not suffer from any medical condition or injury which might have the effect of making it more likely that you will be involved in an accident which could result in injury to you or others. Furthermore you are aware that using a bike in any urban environment is an activity which may result in personal injury and you accept that this is a risk which you are aware of and accept that you are responsible for your own actions. You accept that you must make your own assessment of the risks involved whenever you use a bike and ensure that you take reasonable precautions to ensure that you do not suffer an injury or cause an injury to others.
7.11 You undertake to inform MOBY as soon as possible of the loss, theft, accident or any other problem in relation to the use of either a bike or your account with us, and in any event, no later than twenty four (24) hours following the occurrence of the relevant event by telephone.
In the event of the disappearance of a bike which you had hired, you are required to register the theft with the An Garda Síochána within twenty four (24) hours. You are also required to promptly provide a copy of the report from An Garda Síochána to us.
7.12 You remain liable for the bike until such time as it is returned correctly as set out in clause 5 of this agreement or handed over in person to a representative of MOBY.
- Bike usage restrictions
8.1 The bike remains the property of MOBY. You must not dismantle, write on, or otherwise modify, repair or deface any bike hired from us.
8.2 Any goods carried by you when using the bike (including, on your person or on the bike) are carried at your risk and we do not bear any liability in relation to them.
8.3 You accept that we have no liability in relation to damage to, or soiling of, any clothing or property while you are using a bike.
8.4 The use of any images of any bike, MOBY service or product for commercial purposes is prohibited unless authorised in advance, in writing, by us.
8.5 You must not:
8.5.1 allow any other person to ride the bike, unless you are willing to accept the responsibility for any damage or loss;
8.5.2 tamper with, modify or attempt to disassemble the bike in any way and you must not add any accessories or other additions to the bike;
8.5.3 damage the bike;
8.5.4 lock the bike other than in accordance with MOBY’s instructions as set out in the App;
8.5.5 load the bike with a total weight of more than 120 kilograms.
8.5.6 carry any illegal, dangerous objects or any object or item which is reasonably likely to cause harm or injury if it was carried on a bicycle. This includes large or unwieldy items which would not normally be carried on a bike.
8.5.7 use the bike in a reckless or dangerous manner and you must not use the bike for any kind of stunts, tricks, in races, mountain biking or any form of competitive or sporting pursuit. The bikes are intended to be used only as a mode of transport;
8.5.8 use the bike in connection with any illegal, immoral or disorderly conduct;
8.5.9 use the bike while under the influence of alcohol, illegal drugs or medication which may have the effect of hindering or limiting your judgement and/ or mental and physical ability; or
8.5.10 if you are not medically fit and able to safely ride a bike or if you are not confident in the safe use of a bike.
9.1 It is recommended that the Client wears a safety helmet at all times when operating the Bike and takes out a suitable Insurance policy.
- Complaints & disputes
10.1 Before bringing a formal legal case, please first try contacting our Customer Support. Most complaints and disputes can be resolved that way.
10.2 If you considers they have been incorrectly charged, you should email firstname.lastname@example.org, stating your User ID and email within thirty (30) days of receiving the charge. The Company will provide a response within five (5) working days. The Client agrees that they waive their right to dispute any discrepancies after thirty (30) days following their receipt of the charge.
10.3 If you want to involve a third party, you can use the online dispute resolution platform operated by the European Commission at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS
11.1 These terms and conditions shall be governed by Irish Law. If a dispute arises between you and us and you want to take court proceedings, you must do so at a court in the Republic of Ireland.
11.2 Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions. You may not transfer any of your rights under these terms and conditions to any other person.
11.3 Sometimes, things may happen which are beyond our reasonable control. These include, but are not limited to, strikes, lock-outs or other industrial disputes (whether involving MOBY or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers, subcontractors or landlord. If any of the above occur then MOBY will not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result. And you agree that if we are prevented from providing access to MOBY’s bikes or services, including our App, then we have the right to terminate our agreement with you immediately by giving notice to you through the App or on our website.
11.4 Our failure to enforce any of our rights at any time, for any period and for whatever reason, will not be construed as a waiver of our rights. Any failure by us to identify or act upon your breach of the terms of this agreement will not be an affirmation by us that your behaviour is acceptable.
11.5 Where a provision of this agreement is deemed to be invalid or unenforceable, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
11.6 We may assign or transfer the benefit of this agreement and our obligations under it, to any other legal entity at any time without notice to you.
11.7 We reserve the right to amend or omit parts of this agreement without notice to you. However, we will endeavor to notify you of significant changes where possible through the App or on our website.
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