General Rules and conditions for renting bicycles/scooters of “BIKE-NOW” LLC (AGREEMENT)
These Terms and Conditions constitute an Agreement between the Users and “BIKE-NOW” LLC as the Lessor, regarding the use by the Users (and) of any means of transportation, including those propelled by muscle power or electric drive, available in the Appendix , such as bikenow electric scooters/bicycles (“Electric transport”/ “Transport” ); ( ii ) bikenow mobile application (“Appendix” ) for access and use of bicycles/scooters; and ( iii ) other ancillary services such as charging, sharing , tolling, bicycle/scooter maintenance and similar services (“Ancillary Services”) provided by the Lessor.
In accordance with the Civil Code of Ukraine, this Agreement is a public contract posted on the website https://bikenow.com.ua / (“Website”) , it has legal force and is equivalent to the contract signed by the parties, it is considered concluded from the moment the User’s acceptance of the terms by using the Application.
1 . SCOPE OF APPLICATION
1.1. The Lessor provides bicycles/scooters for use by registered Users.
1.2. These rules apply to Users in the cities of: Kyiv, Lviv, Brovary, Bucha, Vyshneve, Ukrainka, where the bikenow bicycle and scooter rental system (“System”) operates.
- Use and return of a bicycle/scooter is possible using the Application.
- Before each bicycle/scooter ride, using the Application, the User is deemed to have accepted the current version of the Agreement and Tariffs.
- The Lessor reserves the right to unilaterally change the terms of the Agreement and Tariffs available on the website, to offer/cancel/change special offers by publishing such changes on the website/via the Application or in any other reasonable way. Changes take effect from the moment the Agreement and Tariffs are published on the website or in the Appendix.
2.1. Registration in the system is carried out by Users on a free basis using the Application, which allows you to find a bicycle/scooter by exchanging data about their location.
2.2. The User’s registration is carried out through automatic verification, for which the User provides the Lessor with his personal data (name, surname, address, e-mail address, phone number), as well as information about his payment card data. When registering in the system, the User is prohibited from entering false information, personal data of other persons, as well as from using payment cards that do not belong to the User. The User is responsible for the accuracy of the data specified during registration.
2.3. When registering in the system, the User:
2.3.1. undertakes to use only his real name, accurate personal information and payment card information to create an account (account) and to constantly update this information in case of changes;
2.3.2. undertakes to immediately notify the Lessor about the facts of unauthorized access to the account (account) or its use, or about another situation that may lead to the loss of control over the account (account);
2.3.3. is responsible for access, control and security of the account(s), username/password; and ( ii ) all activities performed in the user’s account(s), including, but not limited to, activation (unlocking), use, deactivation (completion of a trip) and proper parking of the bicycle/scooter in accordance with the Agreement and, as the case may be , in the Permitted Parking Area, or failure to do so, except in cases of reporting misuse of the account(s).
2.4. A User may be a person who is at least 18 years of age and has the legal right to drive electric vehicles/vehicles in accordance with local Laws regarding the minimum age for the use of electric vehicles/vehicles available in the Service Area and meets other legal requirements for drivers by electric transport/transport.
2.5. After receiving the necessary personal data from the User, the Lessor reviews the application and no later than 24 hours. from the time of submission of the application makes a decision regarding the registration/refusal of the User’s registration. As part of the consideration of the application, the Lessor has the right to check the solvency of the User.
2.6. The application is approved by notification of registration (verbal, written notification, by phone, notification in the application, by e-mail, text message, etc.).
2.7. After successful registration, the User can rent any bicycle/scooter bikenow vehicle in Ukraine, where the rental system operates, according to the currently selected tariffs https://bikenow.com.ua/tarifi/ .
2.8. The User may deactivate his/her account (account) by written notice sent to the Lessor’s address.
2.9. In the event of any malfunctions in the Application, the User confirms that the functionality of the Application may be limited due to occasional technical errors, and the Lessor cannot guarantee uninterrupted operation of the Application at any time. The lessor is not responsible for any damages incurred as a result of technical failures of the Application or temporary impossibility of its use.
2.10. The Lessor has the right to suspend or disable the User’s account (account) to the extent necessary to (i) ensure the lawful use of the Application, including, without limitation, for the purpose of fraud prevention, risk assessment, investigation and customer support; ( ii ) ensuring compliance with the Agreement; ( iii ) compliance with applicable legislation or a court, law enforcement or other administrative body or state authority decision; or (iv) in other cases, at the discretion of the Lessor.
- RULES FOR TRAVELING
3.1. The user should carefully familiarize himself with the Agreement/Tariffs before starting each trip.
3.2. The user is responsible for a thorough safety check before using the bicycle/scooter, which includes, without limitation, the following: good condition of the frame/handlebars, seat/platform; sufficient battery power; working state of the signal (call); the absence of signs of damage, unusual or excessive wear, or other mechanical problems or maintenance of the bicycle/scooter, the reliability of all fastening elements, as well as the air pressure in the tires and the functioning of the lighting and braking system.
3.2.1. If the User notices a technical defect or lack of a bicycle/scooter before the start or at any time during the rental, the User must notify the lessor, end the trip and refuse to use such bicycle/scooter immediately.
3.3. The user is recommended (before using/while using the scooter/bicycle):
3.3.1. take measures to ensure your own safety (wear a helmet, brake early and smoothly, follow the road, avoid steep descents);
3.3.2. when driving in the dark and in conditions of insufficient visibility, highlight yourself with the help of reflective elements that are attached to outer clothing or in another way;
3.3.3. do not use cell phones, tablets, laptops, text messaging devices, music players, or other distracting devices;
3.3.4. not to transport any objects (briefcases, backpacks, bags and/or other items, etc.) if they can harm driving;
3.3.5. not to travel in bad weather or road conditions, including snow, hail, ice, snowfall, freezing rain, in case of strong wind and storm, etc.
3.4. During the entire trip, the User is obliged to:
3.4.1. constantly monitor the compliance of the bicycle/scooter and their operation with the above safety requirements. If at any time during the trip the User discovers a violation of safety requirements or notices any other potentially dangerous defect, condition or threat, the latter is obliged to stop the trip on the electric vehicle/vehicle, with the appropriate notification of the Lessor;
3.4.2. make trips only in the sections of the road network allowed for this purpose;
3.4.3. to follow the traffic rules (TDR), the instructions of the Safety Rules;
3.4.4. use protective equipment in accordance with the recommendations and requirements of the above-mentioned laws, regulations and instructions, as well as when it is reasonably necessary to reduce the risk of injury (for example, a helmet, protective cushions and appropriate footwear);
3.4.5. obey the speed limits and adapt the speed according to the situation, taking into account driving experience, road conditions, condition of the road and bicycle/scooter, weather conditions, traffic density and other traffic conditions, to be able to stop the vehicle/electric vehicle without colliding with any obstacle, which is located or can be located on the road and, including, does not harm the life and health of other road users;
3.4.6. not to exceed the maximum permissible weight (120 kg.) established for the trip.
3.5. It is strictly prohibited:
3.5.1. use of bicycles/scooters by users under the age of 18, unaccompanied by adults, for the transportation of passengers, more than 1 person per bicycle/scooter;
3.5.2. using bicycles/scooters under the influence of alcohol, drugs, medications or other substances that may impair the ability to safely drive electric vehicles /vehicles;
3.5.3. using bicycles/scooters to transport flammable, explosive, toxic or dangerous materials;
3.5.4. using bicycles/scooters to participate in races, test drives , mountain riding, tricks or stunts;
3.5.5. using bicycles/scooters against the direction of traffic on expressways and roads with limited traffic, on sections of streets intended exclusively for pedestrians;
3.5.6. use of bicycles/scooters outside the service area specified in the Appendix;
3.5.7. “hands-free” bicycle/scooter control;
3.5.8. using the bicycle basket for other purposes or reloading the bicycle/scooter (maximum permissible load – 5 kg). The user is obliged to ensure reliable installation and securing of goods and objects being transported;
3.5.9. modification and conversion of a rented bicycle/scooter;
3.5.10. allow third parties to use the unlocked bicycle/scooter.
3.6. For each rented bicycle/scooter, the total permissible mass of passenger and additional (luggage) load is 120 kg.
3.7. Each user has the right to rent 2 bicycles/2 scooters simultaneously for 1 Profile
3.8. Upon detection of unauthorized or improper use of the rented bicycle/scooter, violation of this Agreement, the Lessor has the right to terminate the contractual relationship with the User and block further use of the system services.
- DURATION OF THE LEASE
4.1. The rental period starts from the moment of scanning the QR code to unlock the bike/scooter or from the moment of automatic unlocking/opening of the lock and ends at the moment of returning the bike/scooter to the service area with the corresponding scan of the QR code to lock/close the lock or automatic locking / by closing the lock.
4.2. In the case of improper termination of the bicycle/scooter rental (leaving the bicycle/scooter without closing/locking the lock), the rental period continues until the moment of proper fixation of the bicycle lock/locking the scooter/ and completion of the trip in the Appendix.
- USE OF TRANSPORT/ELECTRIC TRANSPORT
5.1 By unlocking transport/electric transport through the Application, the User agrees to rent a bicycle/scooter on the terms of payment on the actual trip or on the terms of Prepaid travel, in accordance with the Agreement/Tariffs applicable during the rental period.
5.2. From the moment of unlocking the bicycle/scooter, the User declares and guarantees thorough familiarization and understanding:
5.2.1 of all applicable traffic rules;
5.2.2 travel rules and safety techniques;
5.2.3 of the terms and conditions applicable in the Service Area;
5.3. By unlocking the transport/electric transport, the User agrees and undertakes:
5.3.1. make sure the camera is working and the battery of the mobile device on which the application is installed is sufficient;
5.3.2. monitor the account balance and top up in advance;
5.3.3. not to disassemble, repair, destroy or damage the transport/electric transport or any equipment attached to it in any way;
5.3.4. to use the transport/electric transport in accordance with this Agreement, including the Travel Rules, the Safety Rules, any instructions, instructions, notices, guidelines and recommendations displayed in the Appendix, as well as the terms and conditions for the relevant Service Area;
5.3.5. return the vehicle/electric vehicle in the same condition in which it was rented to the permitted parking area, in accordance with Local Laws, type of vehicle/electric vehicle and parking instructions;
5.3.6. promptly/immediately notify the Lessor and relevant authorities of any traffic accident, accident, damage, damage, theft or loss of transport/electric transport.
5.4. The use of transport/electric transport is at the User’s own risk. From the moment of unlocking the transport/electric transport, the User bears full responsibility:
5.4.1. for damage caused to oneself/third parties;
5.4.2. for maintenance of transport/ electric transport, breakdowns as a result of actions or events that occur during the rental period or as a result of it;
5.4.3. for items and cargo moved by a rented bicycle/scooter;
5.4.4. for any damages, payment of fines, fees, penalties and/or any other payments resulting from the use of any unlocked vehicle/electric vehicle, or as a result of parking violations or as a result of any violation of the terms of this Agreement under the time of using the Services;
5.4.5. for all damages incurred after the rental period until the moment of inspection of the bike/scooter by the Lessor or before the start of the rental by another user.
5.5. When making a trip on a scooter, in case of running out of money in the account, the speed of the scooter will be automatically reduced to 10 km/h, after 10 seconds to 5 km/h. and after 10 seconds . the scooter will stop. The movement of the scooter can be resumed only after the account is topped up.
5.6. In case of remote opening/unlocking of the scooter/bicycle lock, the User is obliged to immediately notify the Lessor and close/lock the bicycle/scooter lock himself. If it is impossible to close/lock the bicycle/scooter lock on your own, the User is obliged to call the Lessor’s technician.6. RETURN AND PARKING OF VEHICLES/ ELECTRIC VEHICLES
6.1. Returning a rented bicycle/scooter outside the designated area of use is prohibited. The designated service area is the city where the bicycle/scooter was rented and the designated areas/stations for bicycles/scooters.
6.2. The bicycle/scooter can be returned only within the service area of the cities: Kyiv, Lviv, Brovary, Bucha, Vyshneve, Ukrainka, which are specified in the Appendix and closed/locked.
6.3. The user is obliged to provide information about the location of the left bicycle/scooter (GPS coordinates) upon the request of the Lessor within 48 hours after the end of the trip.
6.4. The user is obliged to park the bicycle/scooter:
6.4.1. in the User’s visibility zone and the designated permitted parking zone;
6.4.2. in compliance with traffic rules, parking instructions, which are displayed in the Appendix;
- making sure that the bicycle/scooter does not obstruct road traffic, vehicles and/or traffic, does not block sidewalks;
- standing, using a special bicycle/scooter footrest.
- It is forbidden to park rented bicycles/scooters in places not specially designated for this: near traffic lights, parking machines and counters, road signs; on footpaths, if in this way their width becomes less than 1.5m; in front of or near emergency exits and exit zones of the fire department; in places where a bicycle/scooter covers external advertising; in buildings, yards, any other closed/private areas, areas with limited access, in the restricted (red) zone or outside the service area.
- The rented bicycle/scooter must be closed/locked, including when the User leaves it unattended for a short time.
- After completing each trip, the User is obliged to take a photo of the bicycle/scooter (take a photo in the Appendix) as proof that the bicycle/scooter is in good condition.
- PAYMENT AND FEES
7.1. The rent and the cost of all the Lessor’s services are calculated in accordance with the current tariffs available on the website.
7.2. Rent is calculated from the moment of unlocking and stops when transport/ electric transport is blocked.
7.2.1. By unlocking the transport/electric transport, the User authorizes the Lessee to charge all fees, taxes and fees related to the services provided during the trip from the selected payment method associated with the account (the User’s account).
In the case of making payments using credit and debit cards, the Lessor may additionally charge a service fee and/or additional service fees for Visa / Mastercard payment systems .
7.2.2. The user is obliged to prepay 100% of the rental price (“Prepaid fare”) by payment card or electronic transfer (direct debit).
7.2.3. To rent a vehicle/electric vehicle, the User’s balance must be at least UAH 50.00. (for bicycle rental)/100.00 UAH. (for renting a scooter) for a one-time trip.
13.2.4. Funds are debited from the User’s account automatically, unless otherwise provided by the terms. In case of impossibility of direct debit processing due to insufficient funds in the account, the User is obliged to pay the cost of services within 24 hours from the end of the trip.
7.2.5. The User has the right to submit demands to the Lessor regarding the return of unreasonably charged expenses within 3 (three) working days from the moment of collection of the fee. The User’s claims after the end of the specified Term are not subject to consideration. If the debited funds are returned to the User, they will be credited to his account and will be used to pay for the next trip.
7.3. The terms and pricing principles applicable to Prepaid Travel may contain restrictions, including a daily time limit, number of unlocks or daily travel limits. Prepaid passes cannot be used in conjunction with promotional offers, gifts or other discounts. The purchase of Prepaid Travel does not guarantee the availability of Services. Prepaid Passes expire on the expiration date specified at the time of purchase in the applicable fare terms and conditions.
7.4. The User has the legal right to refuse the Prepaid Pass within 14 (fourteen) calendar days from the date of payment by notifying the Lessor of the refusal of the Prepaid Pass, in the manner and under the conditions according to Clause 10.1 of the Agreement only in the case of no activation of the Prepaid Pass.
7.4.1. In the case of activation of the Prepaid Pass by making the first trip, the User acknowledges the fact of ordering rental services from the Lessor in the amount of the Prepaid Pass without the right to demand the return of paid funds and the right to refuse the Prepaid Pass.
7.4.2. In the case of a unilateral refusal of the User from further use of Prepaid travel and rental services, unused funds are not subject to return and are credited by the Lessor as a penalty for unilateral refusal of the Agreement in accordance with 8.6. of this Agreement.
7.5. The Lessor has the right to issue promo coupons/codes in accordance with any additional conditions established for the respective promo code. The Lessor reserves the right to cancel/suspend the Promo Codes at the Lessor’s sole discretion if there are grounds to believe that the use of the Promo Code(s ) ) was false, fraudulent, illegal, or violates the terms of the Promo Code or this Agreement.
Special rates, promotions and vouchers (gift certificates) are distributed only for one trip and the person to whom they were specially issued or addressed.
7.6. In the event of arrears, the User shall be charged a penalty in the amount of double the NBU rate for each day of delay.
7.7. In case of late payment of the fee for the use of the bicycle/scooter, the Lessor has the right to demand from the User the payment of the debt, the repayment of fines and is the reason for the termination of the provision of bicycle/scooter rental services to the User and the deactivation of the User’s account.
7.8. The Lessor has the right to collect all amounts (including fines) payable by the User by debiting the User’s account.
8.1. The user is aware, agrees and acknowledges that he uses transport/electric transport services at his personal and individual risk.
8.2. The User is solely responsible for any consequences, claims, demands, causes of action, damages, liabilities, injuries, fees, costs and payments, penalties, legal fees or any payments that the User or a third party may incur as a result of use of the Services.
8.3. The Lessor shall not be liable for any consequences, claims, demands, causes of action, damages, liabilities, injuries, fees, costs and payments, penalties, legal fees or any payments that the User or a third party may incur as a result of use of the Services.
8.4. In any case, the total liability of the Lessor for property and/or legal claims based on tort or other grounds cannot exceed the amount of payments made by the Lessee for the rental period during which the dispute arose.
8.5. The following responsibility is assigned to Users who violated the Agreement:
8.5.1. Fine for parking outside the service zone/in the prohibited zone defined by the mobile application: Kyiv , Lviv , Brovary , Bucha , Vyshneve, Ukrainka , UAH 500, if this led to the theft/disappearance of a bicycle 18 UAH 000/scooter UAH 28,000
8.5.2. Fine for parking outside the city zones 500 UAH, outside the city 1000 UAH, if it led to the theft/disappearance of a bicycle 18,000 UAH/scooter 28,000 UAH.
8.5.3. Penalty for the actions/inaction of the User, which led to the call/necessity of the departure of the Lessor’s technician UAH 500.
8.5.4. Penalty for improper rental termination (without closing/locking the bicycle/scooter lock), remote opening/unlocking of the scooter/bicycle lock UAH 500, if this led to theft/disappearance of the bicycle UAH 18,000/scooter UAH 28,000.
8.5.5. Fine for damage/destruction of a bicycle 18,000 UAH/scooter 28,000 UAH, which cannot be repaired/restored.
8.5.6. Damages in the amount of the cost of repair/restoration of the bicycle/scooter in case of damage to the bicycle/scooter.
8.5.7. Fine for failure to take a photo of a bicycle/scooter (absence of a photo in the attachment after the trip) 200 UAH.
8.5.8. Bicycle/scooter rental for more than 12 hours UAH 500, for more than 24 hours UAH 1,000.
8.5.9. The fine for using a bicycle/scooter by more than one person (regardless of age) per bicycle/scooter is UAH 500. for each person.
8.5.10. Penalty for transporting goods over 5 kg in the basket of a bicycle. 500 hryvnias
8.5.11. Penalty for failure to report the breakdown of a bicycle/scooter that occurred during the User’s trip UAH 250. with the obligation of the latter to compensate the cost of repairing the bicycle/scooter (the cost of the bicycle/scooter if it cannot be repaired).
8.5.12. The fine for each violation of parking rules is UAH 2,000.
8.5.13. In the event that 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/reimburse the damage and the cost of bicycle/scooter delivery services.
8.6. In the case of unilateral refusal of the activated Prepaid Pass according to 7.4. Agreement, the User is charged a fine in the amount of the unused Prepaid Fare (unused monetary funds)
8.7 . If the vehicle/electric vehicle is unlocked under the User’s Account and is not found/returned within 48 hours of the trip, the vehicle/electric vehicle is considered lost or stolen.
8.8. By submitting an application for registration in the system, the User gives his permission for photo/video recording of the User during the use of the bicycle/scooter and is proof of guilt in case of committing an offense. The user agrees that a photo/video of the scooter/bicycle (in relation to which the offense was committed) and/or the data of the appropriate bikenow program with a record of the user/place and time of the offense are sufficient to confirm the facts of the actions specified in this section. If the date/time on the photo/video recording the use of the bicycle/scooter coincides with the time of use according to the data of the bikenow program , this is sufficient, admissible and proper evidence of the User’s guilt and grounds for applying a fine.
9.1. The lessor has the right to store/use personal data of users in accordance with the Law of Ukraine “On the Protection of Personal Data”.
9.2. The Parties give their mutual consent to the processing by the Parties of the personal data of the Parties of a general nature (surname, first name, patronymic, place of permanent residence, identification number, passport data, information on state registration of a natural person-entrepreneur, data on the taxation system, address of activity , bank details, numbers of means of communication, e-mail address) in order to ensure the implementation of relations in the field of economic activity of the enterprise, tax relations and relations in the field of accounting and auditing of statistics, in the field of economic and financial services, in accordance with the Law of Ukraine “On Protection of personal data”, and also confirm that the Parties are familiar with the rights granted to the Parties by the specified Law and with the procedure for granting access to personal data by third parties, including state authorities and local self-government bodies.
9.3. The user has the right and the opportunity to add an image (photo or other graphic file) for his profile. Image data will be stored for the duration of the user’s profile or until the user deletes the profile image via the mobile application.
9.4. The Lessor receives from the Lessee a photo of the vehicle at the end of the trips, which it uses and stores for 60 days in order to ensure compliance with the rules of vehicle parking, ensure the safety of the vehicle and other service processes, including a quick search for the vehicle.
9.5. The Lessor has the right to disclose the User’s personal data to the extent necessary, exclusively in accordance with the procedure established by law.
9.6. In the case of choosing a credit card payment method, the User’s credit card data will be transferred to the partner bank for verification and accounting of the rent. After the registration process, the credit card details are no longer available to the Landlord.
1 0. FINAL PROVISIONS
10.1. Information and any other messages can be transmitted through the Application, sent by e-mail to email@example.com or through customer support channels available in the Application or on the website https://bikenow.com.ua/ .
10.2. By accepting the terms of this offer, the user gives his consent to receive electronic, text and/or multimedia messages containing advertising about services, namely information and marketing mailings (news, company promotions, information about promotions) to the specified phone number and/or email address , promo codes and discounts, personal recommendations/discounts and offers), etc.
10.3. This Agreement is drawn up in English and Ukrainian. In case of discrepancies between the English and Ukrainian versions, the Ukrainian version shall prevail.