General Terms and Conditions of Bicycles/Scooters Rental of TOV “BIKE-NOW”
These Terms and Conditions apply to the rental of bicycles and scooters of TOV “BIKE-NOW” (Limited Liability Company). The clauses 1-8 hereof determine the rights and obligations when renting bicycles/scooters. The clauses 9-19 regulate the business relations between TOV “BIKE-NOW” as the operator of the rental system and the users.
- Scope of the Terms and Conditions
- TOV “BIKE-NOW” (“Lessor”) provides bicycles and scooters for the use of registered users (“User”).
- These rules apply to users in Kyiv and Lviv, where the bikenow bike and scooter rental system is installed and operating.
- Bicycle/scooter rental and returning is possible through the bikenow mobile app.
- Individual agreements that are not covered hereby should be approved and confirmed in writing by TOV “BIKE-NOW”.
- The User accepts the current edition hereof when renting a bicycle/scooter.
- Registration and Verification
- The User can apply for the bikenow registration via the bikenow mobile app. In order to become a registered User, the Applicant must be at least 18 years old at the time of applying.
- User registration is carried out via automatic verification, for which the User provides the Lessor his/her personal data (name, surname, address, e-mail address, phone number), as well as information about his/her payment card data.
When registering with the bikenow system, the User is prohibited from entering false information, personal data of other persons, and from using payment cards that do not belong to the User. The User is responsible for the accuracy of the data specified during registration.
- After receiving the necessary personal data from the Applicant, the Lessor shall review the application and not later than 24 hours from the date of applying shall make a decision whether to accept or reject the User registration, which shall be reported to the Applicant. As part of the consideration of the application, the Lessor may check the Applicant’s solvency.
- After registration the User will receive a personal identification number (PIN-code), with the help of which he/she can authorize in the mobile app, as well as take the bicycle/scooter for use in the service areas (in Kyiv)/stations (in Lviv) defined by the mobile app.
- Application is accepted by notification of registration. Notification can be verbal, written, by phone, in-app message, email, text message.
- After successful registration, the User can rent any bikenow vehicle in Ukraine, where the bikenow rental system operates. A complete list of all rentals can be found in the bikenow app.
- Registration of applicants is free. To rent the property of TOV “BIKE-NOW”, the User must make all payments according to the current rates and the selected tariff before starting the trip. Depending on the chosen tariff, the Lessor is entitled to charge regular and/or periodic fees. These fees can be found by calling 0 800 21 0441, find the relevant list of fees on the Company’s website www.bikenow.com.ua.
- A rental bicycle/scooter may not be used:
а) by Users under the age of 18, unaccompanied by adults;
b) to transport passengers (especially small children);
c) for trips outside Kyiv, if the Lessor has not provided its written consent;
d) to transport flammable, explosive, toxic or hazardous materials;
e) to participate in races and test drives without the written consent of the Lessor;
f) for subletting to third parties;
g) in case of strong winds and storms, in bad weather conditions;
h) by persons under the influence of alcohol or drugs;
i) by more than 1 person per bike/scooter.
- The User shall comply with traffic rules.
- Riding a bicycle/scooter “hands-free” is forbidden.
- Using the bicycle basket for other purposes or overloading the bicycle/scooter (maximum permissible load – 5 kg) is forbidden. The User shall ensure the reliable installation and securing of goods and items transported throughout the trip.
- The total permissible weight of the passenger and extra (luggage) load for each rental bicycle/scooter is 120 kg.
- Modifying and converting of the rental bicycle/ scooter is forbidden. If unauthorized or improper use of the rental bicycle/ scooter is detected, the Lessor is entitled to terminate all business relations with the User and to block further use of the bikenow services.
- After confirming the return of the bicycle/scooter, the User may not re-apply the received code of the bicycle/scooter lock, if such is used in the system. To re-rent a returned bicycle/scooter, the User is to go through all the stages of renting again.
- The User may noy change the lock code provided or pass it to third parties, if such a lock is used in the system.
- Before using/when using a scooter/bicycle, the User is advised to take measures to ensure his/her own safety (wear a helmet, brake in advance and smoothly, watch the road, avoid steep descents).
- When riding at night and in low visibility conditions, distinguish yourself with the help of retroreflective elements, which are fixed on outer clothing or by other means.
- A rental bicycle/scooter may not be used:
- Rent Restrictions
- Each User may rent 2 bicycles/2 scooters at the same time per 1 account.
- In individual cases it is allowed otherwise, but only upon agreement with the Lessor.
- Rental Duration
- The countdown of the rental period starts from the moment of scanning the QR-code to unlock the bicycle/scooter or from the moment of automatic lock unlocking and ends at the moment of returning the bicycle/scooter to the service area (for Kyiv), to the station (for Lviv), defined by the mobile app.
- In case of improper completion of the rental of the bicycle/scooter (leaving the bicycle/scooter without locking) the rental period continues until the proper locking of the bicycle/scooter or the ride completion in the mobile app.
- If you encounter any problems, you should immediately notify the hotline 0 800 21 0441. The subsequent claims and related claims for reimbursement will be considered invalid.
- In case of technical failures in the system, the rent can be collected within 48 hours and the User will be informed via e-mail, SMS or phone.
- Rent Conditions
- The User should carefully read the conditions of rental and use of TOV “BIKE-NOW” bikes/scooters on his/her own, before using them.
- Before riding, the User must check the technical condition of the bicycle/scooter, in particular the reliability of all fixing elements, the condition of the frame, handlebars and seat/platform, as well as the tire pressure and the lighting and braking system.
- If the User notices a technical defect or fault of the bicycle/scooter before or at any time during the rental, he/she must notify the Lessor, end the rental and refuse to use such bicycle/scooter immediately. Any other defects, such as damage to tires, rims, defects or failures of gear changes, should also be reported immediately to the Lessor by calling the hotline 0 800 21 0441, in the app under “Report a problem” or in Messenger.
- Rental Bike/Scooter Parking
- The bicycle/scooter must be parked within sight of the User. The User is obliged to observe the traffic rules when parking. In addition, the User must make sure that the bicycle/scooter does not interfere with the safety of traffic and/or vehicles and that no damage is done to third parties or their property. A special bicycle/scooter footrest is to be used when parking.
- Parking of rental bicycles/scooters in places not designated for this purpose is not allowed:
a) near traffic lights;
b) near parking meters and meters;
c) near road signs;
d) on pedestrian paths, if in this way their width becomes less than 1.5 m;
e) in front of or near the emergency exits and exit areas of the fire engines;
f) in places where the bicycle/scooter covers local advertising.
- The rental bicycle/scooter must be locked when not in use, even if the User leaves it unattended for a short time.
- Failure to comply with these requirements may result in the collection of fines in accordance with the applicable tariff available on the website www.bikenow.com.ua. In addition, the User is responsible for paying all official fines received as a result of non-compliance with these rules.
- In any case, the User is prohibited from temporarily or permanently leaving/parking bicycles/scooters in buildings, yards, any other closed/private areas, areas with limited access or beyond the relevant areas (in Kyiv)/stations (in Lviv).
- Return of the Rental Bicycle/Cooter
- It is not allowed to return the rental bicycle/scooter outside the defined area of use. The defined area of use is the city in which the bicycle was rented and the designated bicycle/scooter areas/stations. An exception is a written agreement with the Lessor.
- The bicycle/scooter is subject to return only within the service area (in Kyiv), to one of the stations (in Lviv) defined by the mobile app and must be locked, if such lock is used in the system.
- The User must be able to provide information about the location of the left bicycle/scooter (GPS coordinates) at the Lessor’s request within 48 hours after the end of the rental period.
- If the User has not returned the bicycle/scooter to the place specified in clause 2 of section 8, has provided false information or has not completed the return procedure in full, the User shall be charged for the use according to the current rates of the Lessor, published on the website www.bikenow.com.ua.
- Obligations of the Parties
- The use of the services provided by the Lessor is at the User’s own risk. The User is solely responsible for any damage caused to himself/herself. The User is fully responsible for any breakdowns resulting from actions or events occurring during the rental period or as a result thereof. The User must know and comply with the Ukrainian traffic regulations to prevent accidents on the road.
- The User remains liable for damages that occur after the rental period until the Lessor has properly checked the rental bicycle/ scooter (max. 48 hours) or until the bicycle/ scooter is NOT rented by another User. If damage is found, the User must inform the Lessor immediately. The User is liable for damages caused by theft or damage to the bicycle/scooter within a 48-hour period after the rental period, in which the bicycle/scooter must be checked by an employee of the Rental Company. This compensation does not apply if the User has caused the damage deliberately or with gross negligence. In such cases the amount of compensation is charged in full of the real value of the damaged property.
- The User is responsible for all costs and losses incurred by the Lessor in case of non-compliance with contractual obligations by the User, including those specified in the previous clauses and relating to the obligation to inform.
- The Lessor is responsible for intentional damage and gross negligence towards its Users. The Lessor is not responsible for damage to objects and loads moved by the rented bike/scooter. Any other liability on the part of the Lessor is excluded.
- The Lessor is not liable in case of improper and/or unauthorized use of the bicycle/scooter and/or in case of non-compliance with the relevant section 3.
- If the bicycle/scooter was stolen during the rental period, the User must report the theft to the Lessor and the police. After completing the theft report, the User must notify the Lessor of the report number.
- In case of remote opening/unlocking of the scooter/bicycle lock, the User is obliged to immediately notify the Lessor and lock the bicycle/scooter himself/herself. In case of impossibility to lock the bicycle/scooter lock independently, the User will call the Lessor’s technician. In this case, the funds accrued during the rental are not refundable.
- At the end of each trip, the User is obliged to make a photographic evidence of the bicycle/scooter (take a photo in the app) as a confirmation of the serviceability of the bicycle/scooter.
- In order to be able to complete the trip properly and perform photographic evidence, starting each trip, the User is obliged to make sure that the camera is working and the battery level of the mobile device on which the mobile app is installed is sufficient.
- The User is obliged to control the account balance and replenish it in advance. In order to be able to complete the trip properly (within the service area (Kyiv), at the appropriate stations (Lviv)), leaving the service area/in the restricted area, the User shall verify the adequacy of funds in his/her account.
- When traveling by scooter, in case of exhaustion of funds on the account, the speed of the scooter will be automatically reduced to 10 km/h, in 10 seconds to 5 km/h and after 10 seconds the scooter will stop. The movement of the scooter can be resumed only after replenishing the account.
- User’s Responsibilities in case of accident
- The Lessee is obliged to immediately inform the Lessor about the accident/traffic accident. If other persons or other persons’ property are involved in an accident/traffic accident, the User must notify the police. In case the User fails to comply with this clause, he/she shall bear all costs and damages incurred by the Lessor as a result of the breach of the mentioned obligations on his/her own.
- Privacy of User Information
- The User must ensure that his/her personal user data, in particular the personal password (PIN), are protected from unauthorized access by third parties.
- The Lessor assures that none of its employees has the right and will never ask for the User’s password (PIN).
- The User has the right at any time and as often as he/she wants to change his/her personal password (PIN).
- If the User has reason to believe that his/her data has not been used without authorization, he/she must immediately notify the Lessor of this fact.
- The User may deactivate his/her account by sending a written notice to the Lessor’s address.
- The Lessor is not responsible for the submission by the User of inaccurate information and/or use of the payment system of a card that does not belong to him/her.
- Use of Rental Bicycles/Scooters, User Data, Account blocking
- If there are sufficient grounds and in particular, in cases of improper use of rental bicycles/scooters, the Lessor is entitled to cancel the User’s access and thus disconnect him/her from using the services of the bikenow system.
- The limitation of liability provided for in clause 2 of section 9 does not apply if the User allows the use of his/her data intentionally or due to gross negligence.
- Fees, Tariffs and Calculations
- The calculation of the cost of all Lessor’s services is carried out in accordance with the tariff valid at the beginning of each use agreement. Rent is charged according to the current tariff (available on the website www.bikenow.com.ua).
- Special rates, promotions and vouchers (gift certificates) apply only to one bicycle/scooter rental agreement and only to the person to whom they were specially issued or addressed.
- Cancellation of the special tariff does not mean automatic deletion of the User account from the bikenow system. If desired, the User may terminate the agreement by written notice to the Lessor no later than 15 calendar days before the scheduled date of termination of the agreement. Upon termination of the agreement at the initiative of the User, the Lessor shall not refund the funds.
- Users who have violated the Terms and Conditions of Rental are subject to the following liability:
- Fine for parking outside the service area/in the restricted area defined by the mobile app in Kyiv, UAH 1,000, if this led to the theft/disappearance of a bicycle UAH 16,000/scooter UAH 21,000.
- Fine for parking outside the stations of Lviv UAH 250, outside Lviv UAH 1,000, if this led to the theft/disappearance of a bicycle UAH 16,000.
- Fines specified in clause 1-2 of this section shall also apply if the trip was completed on the grounds of lack of funds in the account.
- Fine for remote unlocking of a scooter/bicycle lock UAH 1,500, if it led to the theft of a bicycle UAH 16,000/scooter UAH 21,000.
- Fine for actions/inaction of the User that caused the call/need for the arrival of the Lessor’s technician UAH 500.
- Fine for improper termination of the rental (without locking the bicycle/scooter), remote unlocking of the scooter/bicycle UAH 1,500, if this led to the theft/disappearance of the bicycle UAH 16,000/scooter UAH 21,000.
- Fine for damage/destruction of a bicycle UAH 16,000/scooter UAH 21,000, which are not subject to repair/restoration.
- Losses in the amount of the cost of repair/restoration of the bicycle/scooter in case of damage to the bicycle/scooter.
- Fine for failure to provide a photographic evidence of a bicycle/scooter (absence of a photo in the app after the trip) UAH 500.
- Bicycle/scooter rental over 12 hours UAH 1,000, over 24 hours UAH 15,000.
- Fine for using a bicycle/scooter by more than one person (regardless of age) per bicycle/scooter UAH 500 per each person.
- Fine for transporting a load in a bicycle basket over 5 kg UAH 500.
- Fine for failure to report a breakdown of a bicycle/scooter, which occurred during the User’s trip UAH 250, with the latter’s obligation to reimburse the cost of repairing the bicycle/scooter (the cost of the bicycle/scooter if it cannot be repaired).
- If the next User, after using the bicycle/scooter by the previous User, informs the Lessor about the detected defect/malfunction of the bicycle/scooter, the previous User is obliged to pay the Lessor a fine and damages according to clause 13 of this section and the cost of bicycle/scooter delivery services.
- The User, submitting an application for registration in the bikenow system, gives his/her permission to photo/video capture of the User while using a bicycle/scooter and which is a proof of guilt in case of an offense. The User agrees that to confirm the facts of the actions specified in this section, a photo/video on a scooter/bicycle (in respect of which the offense was committed) and/or data of the relevant bikenow program with capturing the User/place and time of the offense. If the date/time in the photo/video proving the use of the bicycle/scooter coincides with the time of use according to the bikenow program, this is sufficient, admissible and appropriate evidence of confirmation of the User’s guilt and grounds for imposing a fine.
- Payment and Late Payment
- The User is obliged to pay a full amount of rent by payment card or electronic transfer (direct debit). The User may change his/her primary payment method at any time.
- In case of impossibility to process direct debit due to lack of funds on the User’s account or for other reasons for which the User is responsible, the Lessor adds additional related costs to the account in accordance with the current tariff published on www.bikenow.com.ua, if the User is unable to prove that the actual costs incurred were lower. In some cases, if the User is unable to show that the costs were indeed lower, the Lessor’s charges may be, but not exceed, the actual costs incurred.
- In case of debt, the User is charged a penalty in the amount of double the rate of the NBU for each day of delay. All additional costs shall also be borne by the User.
- In case of late payment for the use of a bicycle/scooter, the Lessor is entitled to demand from the User immediate payment of debts, repayment of penalties and this is the basis for termination of the User’s bicycle/scooter rental services.
- The User’s balance, which is less than UAH 30 for one-time trips, is automatically deactivated.
- Payment for Services, Rental List and Control
- The Lessor charges the User according to the official tariffs available at www.bikenow.com.ua. Information on completed rentals (including payments and travel dates) can be viewed by the User at any time in the app in the “History” section. This list of completed rentals does not include non-standard elements that cannot be included in the automated system (for example, penalties for non-compliance with the User’s conditions to pay and/or pay for services).
- Debiting funds from the User’s account is automatic, unless otherwise provided hereby. However, the Lessor reserves the right to require the User to make a payment in writing or by telephone.
- The User is entitled to submit claims to the Lessor for reimbursement of unreasonably written off costs within 5 working days from the date of collection. The User’s claims after the expiration of the specified Term are not subject to consideration. If the debited funds are returned to the User, they will be credited to his/her account and, in the absence of other instructions of the User, will be used for the next payment.
- Termination and Deletion of User Information
- Each party is entitled to properly terminate the Contract at any time. The right of extraordinary termination of contractual obligations remains unchanged. The User can deactivate his/her account by sending a written statement of termination of the contract by mail. Written notice must be sent to the legal/postal address of the Lessor; or by e-mail: email@example.com
- The Lessor may store personal data of users and is obliged to use this data only in accordance with the provisions set out in the Law of Ukraine “On Personal Data Protection”.
- The Parties shall mutually agree to the processing by the Parties of Parties’ personal data of general nature (surname, name, patronymic, place of permanent residence, identification number, passport data, information on state registration of a natural person-entrepreneur, data on taxation system, address activities, bank details, communication numbers, e-mail address) in order to ensure the implementation of relations in the economic activity of the enterprise, tax relations and relations in the field of accounting and auditing statistics, in the field of economic and financial services, in accordance with the Law of Ukraine “On Personal Data Protection”, and also confirm that the Parties are acquainted with the rights granted to the Parties by the said Law and with the procedure for granting access to personal data by third parties, including public authorities and local governments.
- The Lessor has the right to disclose personal data of the User in the required amount, only in the manner prescribed by law.
- In case of choosing the method of payment by credit card, the data of the User’s credit card will be transferred to our partner bank “Privatbank” for verification and accounting of rent. After the registration process, the credit card details are no longer available to the Lessor’s staff.
- Other provisions
- In all cases, the legislation of Ukraine shall apply and prevail. Legal address for any disputes arising from the User’s use of the bikenow bicycle/scooter rental system, Degtyarivska st., 51B, Kyiv, 03113, Ukraine.
- There are no additional verbal agreements.
- If any provision of these Terms and Conditions expires, the term and validity of the other part of the document and its provisions remain in force. A legally valid provision must be written in place of a provision that has expired.
- By accepting the terms of this offer, the consumer agrees to receive e-mail, text and / or multimedia messages containing advertisements for services to the specified telephone number and / or e-mail address. “BIKE-NOW” may send you messages in response to messages (inquiries and complaints) sent by you through the feedback form and in the process of ordering goods and / or services, in order management, delivery of goods, provision of services.
“BIKE-NOW” sends messages in the form of e-mails, messages in Viber, Telegram, SMS-messages, messages in a web browser.
“BIKE-NOW” has the right to send information and marketing mailings to Users (news, company promotions, information about promotions, promo codes and discounts, personal recommendations, personal discounts and offers), which contain information about goods and/or services, marketing mailings are made on the basis of a subscription to the mailing list, registration by you through the Site or when ordering goods and/or services.
“BIKE-NOW” provides information and marketing in the form of emails, messages in Viber, SMS-messages, messages in the web-browser.
These Terms and Conditions are written in English and Ukrainian. In case of disagreement between the English and Ukrainian versions, the Ukrainian version shall prevail.