Terms & Conditions
Hirebike is part of a Lincolnshire County Council programme to improve sustainable transport options in and around Lincoln. The programme is operated by Hourbike Ltd.
Hourbike agrees to let, and the Member agrees to take on rental, the bike subject to the terms and conditions set out herein. Hourbike and the Member are the only parties to this Agreement, notwithstanding that a reservation for the bike may have been arranged by a third party or that a third party may pay for all or part of the hire. The Member is the sole lessee and is solely responsible for compliance with all terms and conditions contained herein.
The Member agrees to return the bike to Hourbike in the same condition received, ordinary wear and tear excepted.
The Member agrees not to use a bike for onward hire or reward, nor use it in violation of any law, ordinance or regulation, nor remove it (without prior written consent of Hourbike) from England, Scotland or Wales.
The Member hereby warrants and undertakes to Hourbike that he will not operate the bike or permit the bike to be operated whilst unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation.
The Member hereby warrants and undertakes to Hourbike that he will further protect the interests of the bike by ensuring the bike is always locked when unattended.
If the Member commits any breach of these terms and conditions Hourbike may treat the agreement as terminated and may seize, without legal process, or notice to the Member, the bike at any time or place and the Member waives all claims for damages connected with such seizure.
The Member expressly agrees to pay Hourbike on demand all fines and court costs including administrative fees for parking, bus lane, traffic or other legal violations assessed against the bike, the Member or Hourbike during the hire
The Member expressly agrees to pay Hourbike on demand a reasonable administrative handling fee for processing any fine or legal violation against the bike, the Member or Hourbike during the hire except where caused by Hourbike's default.
The Member expressly agrees to pay Hourbike on demand Value Added Tax and all other taxes (if any) payable on the aforesaid items.
The Member expressly agrees to pay Hourbike on demand Hourbike's costs, including reasonable legal fees where permitted by law, incurred collecting payments due from the Member hereunder.
The Member expressly agrees to pay Hourbike on demand the fair market value of repairing damage howsoever caused to the actual bike supplied.
The Member agrees to defend, indemnify and hold Hourbike harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses (except where caused by Hourbike's negligence or default) incurred by Hourbike in any manner from this rental transaction.
Use of the Hourbike system is open to all persons over the age of 12. Persons over the age of 12 but under the age of 18 must have the written permission of a parent or guardian to register to use the system and the written permission of the nominated payer to make payment for the hire of the bike. (written permission to be sent to Hourbike Ltd at 168 Hesketh Lane, Tarleton, Preston, Lancashire, PR4 6AT).
Persons over the age of 12 but under the age of 18 must also provide evidence of proficiency to ride on the road.
When you accept the registration form you are declaring that you are physically fit enough to ride a bicycle and also that you are reasonably competent to ride on the road.
On payment of an appropriate premium Hourbike will cover the cost of any damage to the bike or cost of replacement due to theft (but no damage to the Member or any third party). The cover is valid from the time of payment to Hourbike for a period of one year and is a legally binding contract between the applicant and Hourbike Ltd. Premium rates are available from www.hourbike.com The cover becomes void with immediate affect if the Member is riding under the influence of alcohol, drugs, medication or any other medium that affects judgment or perception in any way.
Once the hire has commenced, the Member has full responsibility over the bicycle. Should the Member not have taken out appropriate insurance they will be liable for all costs in the event of damage to the bike, themselves or third parties or theft whilst the bike is in their care.
It is the Member's responsibility to ensure that the bicycle is in proper working order BEFORE the hire takes place; this includes brakes, lights, steering, tyres and drive shaft including pedals. If there are any problems with the bicycle then this must be reported immediately to Hourbike where another bike may be allocated.
Any wilful or negligent act of destruction of Hourbike property will result in prosecution to the fullest extent of the law and Hourbike will seek the recovery of all costs and administration charges from the defendant.
The hirebike cycles are for the exclusive use of the Member only. All other situations will invalidate the hire conditions and any insurance cover .
The handlebar basket is intended to carry light goods only. DO NOT fill with heavy items as this may affect your balance, steering control as well as safety and comfort. DO NOT overfill the basket and ensure the items are secure using the attached bungee cable. Ensure there are no long or sharp edges sticking out of or through the basket as these may become dangerous to other pedestrians and to the rider.
If an accident should occur due to the carriage of an over-weight or awkward load then the Member is liable for all costs and the insurance becomes void. If any of the working parts should become defective whilst riding a hirebike, the rider must STOP and call hirebike customer services. They may issue another bike to you at the nearest hirebike rental station or arrange to pick up the faulty cycle.
DO NOT pull or push anything with the bicycle as this may lead to steering defects, mal-align the frame or cause undue 'wear and tear' to the tyres.
DO NOT use the hirebike for racing, mountain bike riding, stunt or trick riding or for any other purpose other than riding to and from a destination.
In the event of a puncture or burst tyre, the Member should STOP riding and call hirebike customer services.
Hourbike reserves the right to cancel any contract/hire agreement at any time with a customer without prior arrangement or written warning if the customer is in default hereunder.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS THE LIABILTY OF HOURBIKE FOR DEATH OR PERSONAL INJURY CAUSED BY HOURBIKE'S NEGLIGENCE. OTHERWISE HOURBIKE'S TOTAL LIABILTIY IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION OR OTHERWISE , ARISING IN CONNECTION WITH THE HIRE SHALL BE LIMITED TO THE AMOUNT IT RECEIVES HEREUNDER. HOURBIKE SHALL NOT BE LIABLE TO THE MEMBER FOR ANY PURE ECONOMIC LOSS, LOSS OF PROFIT OR LOSSES OF BUSINESS IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL OR ANY CLAIMS FOR CONSEQUENTIAL COMPENSTION WHATSOEVER AND HOWSOEVER CAUSED WHICH ARISES UNDER THE HIRE.
Payment Terms and Conditions
You pre-pay for the Services by topping up your account with us. You do this by purchasing credits as set out in the Tariff. Your pre-payments are not repayable by us nor is interest payable on any credit you have with us. Each time a bike is hired by you (or someone else using your card and PIN number), the credits you have purchased are reduced, by reference to the relevant charges in the tariff. Except in the case of an obvious error, our records determine how much your account is topped up and the rate of use of the Services. The tariff is available from www.hirebikelincoln.co.uk and www.hourbike.com/lincoln. Hourbike will deduct any debit, on any Members account, within 72 hours of when the Members account goes into debit. This will be deducted from the Members most recent payment method
Credits purchased for use will expire at the end of the subscription period. Annual subscribers that renew will retain any unused credits from the previous subscription period.
Should the scheme be ceased for any reason by the local authority or Hourbike Limited, any member who has not used any credits within the prior 30 days, will forfeit their credits. Please note this is only if the scheme is ceased. Under normal running conditions of the scheme this clause is not applicable.
If you owe us any money and this is not paid when it should have been paid, we may recover this from any credit balance on your account held by us or from any debit or credit card details of which you have given us. We may charge you interest daily on the unpaid amount at the rate of 2% per annum above the base rate of HSBC from time to time.
Suspension and Disconnection
We can suspend (i.e. bar) or terminate the provision of the Services (in whole or in part) without telling you (although we will, where possible, inform you that action may be taken):
if we are aware or have reason to believe that your card and / or PIN number has been lost or is being used by yourself or another person in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (or has been previously, regardless of whether this is ith your consent or not);
if we are aware or have reason to believe that your card and/or PIN number has been obtained in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (regardless of whether this is with your consent or not);
if you choose not to use the Service for a period of 90 days ('Use of this service' means (i) the removal and return of an Hourbike from any rental station (ii) any topping up of your account); if you do not comply with any of the rules relating to the Services; if we are aware or have reason to believe that when you have topped up (or have attempted to top up) your service, you have paid or are purporting to pay, using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back to us.
We may reinstate provision of the service when we have been paid the amount owing to us; if you notify us that your card has been lost or stolen; if you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the bikes or equipment or you become bankrupt or make any arrangement with creditors or, if a company, you go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets; for reasons outside of our control; or in the case of Original you will be liable to disconnection after a period of 90 days without service credit.
Where the account is suspended or barred because you have chosen not to use the services for a period of 90 days, the credit left on your account will be lost. Recrediting your account will be at our discretion.
Hourbike Limited and Personal Data
Personal data includes:
Information provided by you should you choose to register your use of the service with us. Rental information generated by your use of the service covered by this Agreement or your use of products, services and content accessed via or facilitated by your use of the Services covered by this Agreement, including but not limited to the numbers you call, the type, date, time, location, duration and cost of calls, messages or other communications. Information obtained from third party sources such as our suppliers, marketing organisations or credit reference agencies. If you have special needs we may process sensitive personal data about your health, where you have advised us of those special needs. Information provided by you about another person. It is your responsibility to ensure that that other individual is aware and has agreed to you passing on such information to Hourbike.
Your personal data may be used for the following general business-related purposes:
Account management such as charging enquiries, and to provide customer care activities (including answering your queries), Processing your applications and orders, and to supply and manage any services or products which we provide, Monitor and maintain the quality and security of the Hourbike network and the Services, Protect us, our assets, including any intellectual property rights and our brand, our employees and customers from activities that might cause loss or damage, Comply with any legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, including in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer. Analyse for the purposes of understanding our customers' use of our products and Services, individual needs and business trends in order to develop and improve our and our group companies' products and services, new developments, tariffs, special offers, discounts and awards Activities connected with the running of our business such as personnel training, testing and maintenance of our IT systems.
Use of Personal Data for Marketing Purposes:
We will use your information to send you marketing messages about Hourbike, offers and future developments. We may also contact you about the products and services of carefully selected third parties, which we believe may also be of interest to you - without passing control of your personal data to the third party concerned. If you do not wish to receive these marketing messages or wish to change any previously stated preferences, you can notify us by: ensuring the relevant box is selected during the registration process emailing your preferences to email@example.com calling the support helpdesk. Disclosure of your Personal Data:
We may pass your personal data to certain third parties (some of which may be based outside of the European Union) where this is either required by law or necessary in order to carry out the services that we provide to you or that you have chosen to use. We will take all necessary steps to ensure that those third parties treat your personal data in accordance with Hourbike policies on data protection and security.
If you want to contact us about your data protection rights please email firstname.lastname@example.org.
Hourbike Refund Policy
The definitions in the Terms and Conditions apply in this Refund Policy. In addition to those definitions ‘User’ in this policy means the person using or paying for the use of the Cycle at the time relevant to the policy condition and this can be a Member, Additional User or Casual User
For avoidance of doubt, the Terms and Conditions take precedent over this Refund Policy if there is any inconsistency.
APPLYING FOR A REFUND
Before any refund of the Charge is made, Hourbike Ltd and its agent must be able to verify that the original payment for the Charge has been received and contained in the Hourbike account, if there is no record of payment the User must provide evidence of the original payment (e.g. a copy of relevant Payment Card statement identifying the deduction of the Charge).
Where a refund request is made by the executor of the estate of a Member or Casual User who is deceased and the refund is required to be made payable to any party other than the deceased (or their estate), the applicant should also supply a copy of the death certificate and evidence to demonstrate that the applicant is entitled to receive the refund on behalf of the deceased
If a request for refund is not complete i.e. all the information has not been provided, the applicant will be contacted via their preferred method of communication in order to gather all of the information.
Where further evidence or information has been requested but has not been provided by the applicant, within 45 days of Hourbike and/or its agent requesting the information, the refund request will be rejected and closed until the applicant reapplies for the refund providing the required evidence or information.
Refunds will be made by the means by which the Charge was paid. For example, if the Charge payment was paid by a Payment Card, the refund will be made to the same Payment Card. The only exceptions are as follows:
Any Charge that is proven to have been applied in error either by identification through monitoring or reconciliation or evidenced by a Member or Casual User will be refunded and returned by a transaction reversal or re-crediting the relevant Payment Card if the transaction cannot be reversed due to elapsed time. If, as a direct result of Hourbike and/or its agent deducting Charges in error, the Member or Casual User is charged extra fees by their bank, Hourbike and/or its agent will reimburse the Member or Casual User for such extra fees in accordance with paragraph 5.2. Any duplicate payment that has been proven either by identification through monitoring or reconciliation or evidenced by a Member or Casual User will be refunded and returned by a transaction reversal or re-crediting the relevant Payment Card if the transaction cannot be reversed due to elapsed time.
Appropriate action on a refund request will take place within fourteen (14) days of the request being received. “Appropriate action” is defined as making a decision whether a refund should be due or requesting further information or evidence from the Member or Casual User in order to decide whether a refund is due. Where evidence or further information is required a decision as to whether the efund is due will be made within fourteen (14) days of receipt of the evidence or information.
A refund will be issued within one working day of authorisation.
The minimum amount that can be refunded is £1.01 (GBP). Any refund requests by a customer that fall below this minimum amount will not qualify for a refund. This does not apply to charges taken in error.
Circumstances where a refund will not be due
Where access to the Hourbike service has been withheld or withdrawn as a result of a Members or Casual Users (or Additional User) failure to comply with the Terms and Conditions, any applicable laws and/or Hourbike Limiteds Code of Conduct.
Where access to the Hourbike service has been suspended or cancelled due to a Member or Casual User (or Additional User) attempting to defraud Hourbike and/or its agent.
For Daily or Weekly Access Periods where the customer then did not try to use the scheme, or where an Access Period has been part used.
Where the Member or Casual User (or Additional User) is unable to obtain a Cycle due to non-availability at their chosen Docking Station(s).
Where the Member or Casual User (or Additional User) is unable to obtain a Cycle due to intermittent system performance at their chosen Docking station(s) but they are able to utilise their access at another time or location within the timeframe of their Access Period.
By minor changes made to the Terms and Conditions.
Where a Member or Casual User (or Additional User) has not followed directions on the Terminal or given by a representative of Hourbike and/or its agent to resolve an issue with using the Hourbike service.
Where a Member or Casual User (or Additional User) has incurred Charges as a result of an unauthorised person using their membership details, prior to the time that the Member or Casual User informed the Contact Centre that the membership details was lost or stolen.
Where there were factors outside of the User’s control that caused them to incur Charges but the User failed to contact the Contact Centre to declare this.
Where a Member or Casual User has failed to supply additional evidence/information in relation to a refund application within 45 days of Hourbike Limited and/or its agent’s request.
Where a Member cancels an annual Access Period which has been activated for a period of more than 8 weeks prior to the refund application.
Where a member or Casual User (or Additional User) requests a refund of unused funds on their account, and the membership has not been activated and cycle credits used, for a period of more than eight weeks prior to the refund application.
Where, in the event of closure of the scheme, for reasons outside the control of Hourbike Limited, and/or it’s agent, a member or Casual User (or Additional User) requests a refund of unused funds on their account, and the membership has not been activated and cycle credits used, for a period of more than eight weeks prior to the refund application.
Circumstances where a refund will be due
Where the Hourbike service has been suspended for a period of 24 hours or more due to a failure by Hourbike and/or its agent for a reason within Hourbike Limited and/or its agent’s reasonable control. The refund will be calculated on a daily rate basis for Access Periods and shall be payable if the total sum of the refund is more than £1.01 (GBP)
Where it is reasonably proven that a duplicate payment for any Charge has taken by Hourbike and/or its agent.
Where it is reasonably proven that a Charge was processed from a bank account or Payment Card in error.
Where it is reasonably proven that a Member or Casual User has been charged more than they should have been charged, in error.
Where an Annual Access Periods has not been used, upon customer request.
Where a Member terminates an annual Access Period within 4 weeks of activating the Access Period. A refund based on the number of days remaining will be granted.
Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action. Monitoring or recording of your calls or e-mails may take place for our business purposes such as quality control and training, to prevent unauthorised use of our system and to ensure effective systems operation and in order to prevent or detect crime.
Cycling safety tips
- Stop at red lights. It's safer and could save you a £70 fine
- Stay away from the gutter. If the road is too narrow for vehicles to pass you safely, it might be safer to ride towards the middle of the lane to prevent dangerous overtaking by other vehicles
- Stay away from parked cars. Ideally, keep a door's width away in case the door opens suddenly. Also, try to ride in a straight line past parked cars rather than dodging between them
- Stay back from HGVs and buses. Lorries and other large vehicles might not be able to see you clearly, so stay well back behind them
- Always pay attention. Stay focused on what's going on around you so you can see what other road users might do
- Make eye contact. Try to make eye contact with drivers so you're sure that they have seen you
- Don't pavement cycle. Don't cycle on the pavement or up a one-way street (unless clearly marked for cyclists)
- Wear bright clothes. Stay safe by wearing bright clothes during the day and reflective clothing/accessories at night
- Night lights. Make sure the lights work after dark. You could be fined £70 if they are not working because it is your responsibility to check
- Signal. Use appropriate hand signals to indicate that you're turning left or right
- No phones or devices. Don't use a mobile phone or earphones