Cycle Hire Terms and Conditions

INTRODUCTION

These terms and conditions apply to your use of the Bicycle Hire Scheme provided by RGU BikePad.

If you have an enquiry, complaint or problem relating to the Bicycle Hire Scheme, please contact us on the details below, following which we will respond as per our standard policy relating to such communication:

RGU Go Green
c/o RGU:Union
Garthdee Campus
Garthdee Road
Aberdeen
AB10 7QE

01224 262 266

bikehire@rguunion.co.uk

www.rguunion.co.uk/contact

DEFINITIONS:

Bike is an RGU:Union Bicycle which is available for rental, including the lights, reflectors, bell, helmet, high visibility vest/waistcoat and lock.

Charge List is the list of rates at Schedule 1 of these terms and conditions in pound sterling applicable to: i) the Penalty Charge; ii) Charges for replacements under these terms and conditions; and iii) Hire fees.

Damage is any damage occurring to the Bike or any other equipment provided by Us for the Period of Rental, whether sustained deliberately, negligently, accidentally or otherwise by You, another user or any third party. When the Bike is hired by You, You agree to be liable for any damage sustained to the Bike, however caused, at any time until the Bike is returned and inspected by a member of our staff and that member of staff confirms that no damage has been caused.

Damage Deposit is a deposit of £40.00 payable by You on commencement of the Period of Rental, which will be returned to You or forfeited by You in accordance with these terms and conditions.

Bike Pad is at Flat 31 Woolmanhill Flats, where the Bike is located and stored safely by Us prior to rental, and is also where the Bike is returned to by You as per these terms and conditions.

Hire Fee as set out in Schedule 1, is payable by You per semester.

Intended Purpose is for transportation, leisure and recreational activities, at all times in accordance with the Highway Code, by You only; and expressly excludes any lending of the Bike to any third party for any purpose (including the Intended Purpose), racing (competitive, professional or otherwise), stunt-riding and/or any other riding/use mentioned and/or excluded in these terms and conditions.

Late Return Period is the five week period beginning on expiration of the Period of Rental in which a Penalty Charge as specified in the Charge List at Schedule 1 will apply.

Penalty Charge is the fee specified in the Charge List at Schedule 1, payable by You to Us for failure to return the Bike on or before the expiry of the Period of Rental, and During the Late Return Period.

Period of Rental is the period of time You agree to hire the Bike from Us for, in accordance with clause 3 of these terms and conditions.

Replacement Value is the total sum to replace the bike, lights and lock as specified in Schedule 1, paragraph 3.

RGU:Union means the Robert Gordon University Student Association (Registered Scottish Charity No SCO16639).

You, Your is the customer who is hiring a Bike from Us and hereby agree to be bound by these terms and conditions in full.

Us, We, Our is the Robert Gordon University Student Association, represented by Go Green, who provide the Bike and all other equipment for the Intended Purpose.

1. REQUIREMENTS

1.1 In order to hire, use and operate a Bike under these terms and conditions You must satisfy the following requirements:

1.1.1 be at least 18 years old;

1.1.2 acknowledge and confirm the Period of Rental and all Charges applicable by signing Schedule 2;

1.1.3 ensure all personal information and data provided to Us at the time of hiring the Bike is accurate and up to date;

1.1.4 either be a registered student (student card required) or staff member (Staff ID card required) of Robert Gordon University; and

1.1.5 agree unconditionally to these terms and conditions in full.

1.2 We reserve the right to refuse Your offer to hire the Bike, notwithstanding satisfaction of the above 5 requirements, without requiring to provide a reason for such refusal.

2. EQUIPMENT

2.1 The equipment provided as part of the hire agreement and collectively known as the ‘Bike’, may include the following:

2.1.1 a bicycle;

2.1.2 a lock to secure the Bike legally and appropriately in accordance with these terms and conditions at all times when it is not being operated for the Intended Purpose by You.

2.1.3. front and rear lights

2.1.4 front and rear reflectors

2.1.5 working bell

2.1.6. High-visibility vest or waistcoat

2.1.7. Bicycling Helmet

2.1.8 Any other accessory or equipment listed in Schedule 2

2.2 The Bike will remain our own property at all times.

2.3 For Your own safety We recommend that You wear an appropriate helmet and other protective clothing (including, but not limited to, a high-visibility vest) at all times when operating the Bike. We take no responsibility for any loss or injury sustained as a result of Your failure to wear appropriate protective clothing when operating the Bike.

2.4 It is Your responsibility to inspect the Bike for Damage not already highlighted to You by Us prior to removing the Bike from Bike Pad. If You do notice any damage You must inform Us immediately so that we can conduct a joint-examination of the Bike before the Period of Rental begins. Once the Bike is removed from Bike Pad the Period of Rental commences and You are responsible for any Damage howsoever arising before return of the Bike. Failure to return the Bike is covered below at clause 4.

2.5 On discovery of Damage during a joint-examination We reserve the right to issue You with an alternative Bike, subject to availability, or cancel the hire agreement without liability.

2.6 Our volunteers will inspect and repair any Damage to our Bikes as and when, in Our reasonable opinion, such inspection is required, sending the Bike to a qualified mechanic thereafter to be thoroughly checked and approved before lending it to Our customers. Please note that once the Bike is removed from Bike Pad the liability for any Damage on return rests with You alone, howsoever arising.

2.7 You agree to Hire and operate the Bike for its Intended Purpose entirely at Your own risk. Subject to clause 10, We do not accept any liability for loss or Injury howsoever arising once the Bike has been removed from Bike Pad.

2.8 You must return the Bike to Us immediately if we ask You to do so. We reserve the right to repossess the Bike at any time without notice or liability in circumstances We deem such repossession appropriate and necessary.

2.9 While we will endeavour to run a reliable service, there may be occasions on which part or all of Our Bicycle Hire Scheme is unable to operate.

2.10 We reserve the right to change the dates and hours of operation of Our Bicycle Hire Scheme from those that are advertised without giving You prior notice.

2.11 During certain periods, Our Bicycle Hire Scheme may be subject to heavy demand, which means We cannot guarantee a Bike is available for hire at Bike Pad at all times. We do not make any commitment that Bikes will be available for hire at any time.

2.12 You acknowledge that cycling is dangerous and the equipment may fail. Subject to clause 10, We take no responsibility for injury or loss sustained as a result of such a failure.

3. PERIOD OF RENTAL

3.1 The Period of Rental is for the duration of up to one semester (as defined by Robert Gordon University’s Academic Calendar) only and there is no auto-renew option. In the interests of safety and avoiding damage to the Bike, we recommend that the Bike hired out to You is brought for inspection by Our staff/volunteers on a bi-weekly basis. We will aim to provide and publicise a regular inspection service during The Period of Rental.

3.2 The Period of Rental commences once the Bike is removed from Bike Pad. Up until this point both parties have the opportunity to cancel the hire agreement, as per clause 8 of these terms and conditions.

3.3 You undertake to return the Bike to Us at Bike Pad, or other agreed place, on or before Our closing time on the final day of the Period of Rental.

3.4 There will be no Penalty Charge for returning the Bike within the first 7 days of the Late Return Period. After 7 days, a Penalty Charge listed in Schedule 1 will be payable on return of the Bike to Bike Pad per every additional full 7 days of non-return as per clause 7 of these terms and conditions. In case of the Bike being returned to Bike Pad after the Late Return Period, You will be liable for the Replacement Value listed in Schedule 1.

3.5 At the time of payment of the Charge a Damage Deposit, to the sum specified in Schedule 1 is payable to cover all Damage to the Bike on return however sustained. Each Bike will be inspected on return for Damage. If Damage is identified during this inspection You hereby agree to forfeit the Damage Deposit in full regardless of the value of the damage i.e. whether the true value of the Damage identified is more or less than the deposit.

3.6 There is no auto-renew option. The Bike must be returned on or before the final day of the Period of Rental. Failure to return the Bike by this date will result in a Penalty Charge as detailed in clause 7 of these terms and conditions.

3.7 You must return the Bike at Bike Pad at Flat 31 Woolmanhill Flats. The days and times during which returns are possible may be made known to You prior to or during The Period of Rental. In case You are unaware of those, You are required to contact Us via the contact means described in the Introduction of these terms and conditions.

3.8 The Period of Rental is ended by the return of the Bike to Us at Bike Pad during our opening hours in accordance with clause 3.10.

3.9 On returning the Bike, You must communicate the return to Us by handing over the Bike (as described in Schedule 2) and signing Schedule 3, which identifies the Bike, to one of Our members of staff on duty at Bike Pad at Flat 31 Woolmanhill Flats. This Clause applies to all returns, even those outwith the Rental Period.

3.10 Under no circumstances should You leave the Bike unattended at Bike Pad.

4. NON-RETURN

4.1 Failure to return the Bike by the closing time on the final day of the Period of Rental will result in expiration of the Period of Rental, and the agreement will continue, with the Late Return Period Commencing immediately.

4.2 On commencement of the Late Return Period a Penalty Charge, as specified in Schedule 1, will be payable by You on return (in accordance with clause 3.10) of the Bike prior to expiration of the Late Return Period. There will be no Penalty Charge for returning the Bike within the first 7 days of the Late Return Period.

4.3 If the Bike is lost or stolen during the Rental Period, or the Late Return Period, You will be charged the Replacement Value of the Bike, as listed in Schedule 1.

4.4 If the Bike is Damaged during the Rental Period or the Late Return Period, then depending on the extent of the damage to the Bike, we may at our discretion charge the full Damage Deposit, regardless of the actual value of the damage and/or cost to repair.

4.5 In the event that a component of the Bike is stolen from You, You must report the theft to the Police immediately, before reporting the incident to Us with the relevant crime reference number provided to You by the Police. In such circumstances the following applies:

here our reasonable view is that, based on the available evidence, the component of the Bike was stolen while unattended and not secure to an appropriate docking point, You will be liable for the Replacement Value of the component of the Bike to the sum specified at Schedule 1;
here our reasonable view is that, based on the available evidence, the component of the Bike was stolen while stored and secured to an appropriate docking point using the lock provided, You will not be liable for the Replacement Value.

4.6 You hereby agree to be liable for the Replacement Value to the sum specified at Schedule 1 in circumstances where a component of the Bike is not returned to Bike Pad, but not stolen from You.

4.7 Subject to clause 4.8, if You return the Bike after the Replacement Value has been charged, You may be entitled to a refund of the Replacement Values as per clause 12 of these terms and conditions, less the late return Penalty Charge specified within these terms and conditions provided that there is no Damage to the Bike whatsoever following inspection on such a return by Us. If Damage is identified no refund will be issued. This refund is at Our discretion.

4.8 In case of the Bike being returned to Bike Pad later than two weeks after the expiration of The Period of Rental, the Damage Deposit will not be returned to You.

4.9 We reserve the right to exclude or suspend Your future use of Our Bicycle Hire Scheme as a result of failure to comply with clause 4.

4.10 If You return the lights after the Replacement Value has been charged, You may be entitled to a refund of the Replacement Values as per clause 12 of these terms and conditions

5. DAMAGE

5.1 In the event of any Damage to the Bike, including Damage caused by or through an accident or negligence by You or a third party, You must report this Damage to Us on the contact details in the Introduction of these terms and conditions, as soon as reasonably practicable. If there is any Damage to the Bike prior to the commencement of the Period of Rental this fault must be reported by You to Us prior to removing the Bike from Bike Pad. If You fail to report the fault You will be liable for the Damage, and You will forfeit the Damage Deposit, regardless of the value of the Damage and/or the cost of repair of that Damage.

5.2 In circumstances where We are of the reasonable view that, based on the evidence available, the Bike has been deliberately Damaged or vandalised by You or any other party, You will be liable for the Damage, and the sum of the Damage Deposit specified in schedule 1 of these terms and conditions will be forfeited on return of the Bike following inspection. If we are not able to conduct the inspection immediately on return We reserve the right to conduct the inspection shortly thereafter when one of our volunteers is available, and We will inform You of our findings.

5.3 Where the Bike is Damaged by a third party, You are liable for that damage and it is Your responsibility to reclaim those costs from the said third party or insurers.

5.4 We will provide a full breakdown of any repair costs on request by You.

6. YOUR RIGHTS AND OBLIGATIONS

6.1 You are personally responsible for the Bike provided by Us under the hire agreement.

6.2 You are personally responsible for all Charges and/or Penalty Charges which relate to the hire of one of our Bikes.

6.3 The Bike can only be used by You. Use of the Bike by any casual user or third party is not permitted. We take no responsibility for Damage, loss or injury to You or any other third party as a result of operation of the Bike and our liability is excluded to the extent legally possible.

6.4 You undertake to use the Bike responsibly and only for the Intended Purpose. Failure to use the Bike for its Intended Purpose is likely to lead to the forfeiture of the Damage Deposit to the sum as specified in Schedule 1.

6.5 During the Rental Period You must:

6.5.1 Store the Bike in a suitable location for the Rental Period, and during the Late Return Period (if applicable). A suitable location is one whereby:

the Bike is safe from uplift by any third party and is thus safe from theft;
the Bike is as protected as can be reasonably expected from the elements and is not likely to be damaged as a result of over-exposure to wind, rain, snow, sleet and all other weather related elements,

6.5.2 Contact Us immediately to report any loss, theft or Damage to the Bike resulting from any accident, negligence, theft or any other means. You may forfeit the Damage Deposit specified at Schedule 1, paragraph 2 if You do not report the incident to Us.

6.5.3 Cycle with a reasonable and suitable overall weight. For guidance purposes only the total weight of Your load should not normally exceed 150 kilograms.

6.5.4. Adhere to these terms and conditions in full.

6.5.5 Operate the Bike in accordance with the Highway Code at all times.

6.5.6 Confirm to Us that You are in good health to operate a bicycle.

6.5.7 Confirm to Us that Your eyesight, with or without corrective lenses, is to the standard required to sit a driving test.

6.5.8 Confirm to us that You understand and acknowledge the dangers of cycling, including the failure of the equipment.

6.5.9 Bring the bike to our maintenance workshop during opening times at least once every four weeks for a service.

6.6 During the Rental Period You must NOT:

6.6.1 Lock or secure the Bike in any way to any object or property whereby such locking is illegal or forbidden, either expressly or otherwise.

6.6.2 Leave the Bike unattended and unlocked at any time.

6.6.3 Leave or store a Bike outside in public out with normal working hours (i.e. 08:00 to 18:00) during the Rental Period, other than in accordance with this clause. You are permitted to lock the Bike outside provided it is secured via the lock provided to a designated bike parking station or bay. You must make all reasonable efforts to store the Bike undercover, sheltered from the elements. The Bike should only be left exposed to the elements as a last resort.

6.6.4 Use the Bike to provide or operate a courier service or any other business.

6.6.5 Lend the Bike to any other person.

6.6.6 Damage, deface or vandalise the Bike (or any other equipment provided to You as part of the hire agreement) or Bike Pad.

6.6.7 Use the Bike in any way that causes, or is likely to cause, damage or injury to any persons or property.

6.6.8 Attach any items to the Bike – for example a basket without our prior written consent as part of this agreement.

6.6.9 Load any objects, materials or substances (including other persons) on to the Bike during the duration of this agreement.

6.6.10 Store objects on the Bike during the times when it is stationary and/or locked or being stored stationary during the Rental Period.

6.6.11 Deflate or over inflate the tyres.

6.6.12 Add reflectors to the spokes or any other part of the Bike.

6.6.13 Cycle with more than one person at a time.

6.6.14 Carry children or animals on the Bike at any time.

6.6.15 Carry or store any dangerous, hazardous or flammable substances at any time on the Bike.

6.6.16 Carry any object, item or weapon which is likely, or could is deemed likely by Us, to cause injury or offence to any other person.

6.6.17Carry any object which is likely to cause damage to the Bike.

6.6.18 Carry any object that is prohibited by law.

6.6.19 Use the Bike for any form of racing or competition or for stunt or trick-riding of any sort.

6.6.20 Dismantle (or attempt to dismantle) or tamper (or attempt to tamper) with the Bike.

6.6.21 Add a trailer to the Bike.

6.6.22 Use the Bike in an anti-social manner, or a manner likely to cause alarm, harassment, distress or emotional discomfort to others.

6.6.23 Carry out any maintenance or repairs on the Bike other than fixing the chain should it come off during operation.

6.7 Only You and Us have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.

6.8 You cannot transfer any of Your rights or obligations under these terms and conditions to any other person.

6.9 For the avoidance of doubt where a Bike is ridden, cycled or operated in a manner or for a purpose other than in accordance with these terms and conditions this will be classed as a negligent use and such use may invalidate the benefit of any Public Liability Insurance or any other insurance policies.

6.10 Failure to adhere to clause 6 is likely to result in either forfeiture of the Damage Deposit to the respective sum identified in Schedule 1.

7. PENALTY CHARGES

7.1 The Penalty Charges as set out in this clause shall vary according to the rates as amended from time to time by Us in Schedule 1 of these terms and conditions.

7.2 A Penalty Charge as per Schedule 1, shall apply to You for returning the Bike during the Late Return Period, which commences after the final day of the Rental period and runs for 5 weeks thereafter. There will be no Penalty Charge for returning the Bike within the first 7 days of the Late Return Period.

7.3 Should the Bike remain unreturned after expiration of the Late Return Period We reserve the right to charge the Replacement Value of the Bike to the sum specified in Schedule 1 by not returning Your deposit.

7.4 Should any component item of the Bike, as described in Section 2.1 of these terms and conditions, be returned damaged beyond repair, in our reasonable opinion, or not returned at all, including lost or stolen items, we reserve the right to charge the Replacement Value of each individual component as specified in Schedule 1.

7.5 We reserve the right to refuse future hire of a Bike to You should You fail to return the Bike either on time, during the Late Return Period or after expiration of the Late Return Period at our discretion.

7.6 We reserve the right to liaise with Robert Gordon University for the recovery of funds from You should the specific circumstances of Your Hire result in loss or Damage which is significantly greater than either the Penalty Charge and the Damage Deposit.

8. CANCELLATION OF THE AGREEMENT

You or Us can cancel the agreement prior to the removal of the Bike from Bike Pad.

9. CONDITION, SERVICING & MAINTENANCE OF THE BIKE

9.1The Bike will be provided to You in good condition and will be fit for normal use.

9.2 If any defect arises or becomes known to You to the Bike or any other equipment during the Period of Rental You must inform Us immediately so that We can inspect the defect. If You do not inform Us immediately You may forfeit the Damage Deposit and You will also run the risk of operating a faulty bike. For the avoidance of doubt we do not take any responsibility for any loss or injury arising in such circumstances.

9.3 You agree to return the Bike to us in the condition at Bike Pad in the condition it was hired out in, accounting for expected wear and tear.

9.4 You are not permitted to carry out or attempt to carry out any repairs or maintenance work on the Bike in any circumstances, instead You should report any defect in accordance with these terms and conditions, in particular clause 6.

9.5 Each Bike will be serviced, repaired and maintained by Us through our volunteers on a regular basis and/or as and when required as a result of Damage sustained during a Period of Rental or otherwise. Our volunteers and staff are not necessarily qualified mechanics. If the Bike does not meet the standard required to comply with clause 9.1 of these terms and conditions, We will instruct an independent specialist to repair the Bike to bring it to the required standard, the cost of which is borne by Us. While we will aim to do so, We will be under no obligation to provide You with a replacement Bike during the period of maintenance.

9.6 In addition to Our internal servicing and maintenance at clause 9.5, each Bike will undergo routine servicing by an independent specialist on a bi-annual basis – before the beginning of each semester - to ensure it meets all the relevant requirements/laws to be deemed road worthy, and compliant with clause 9.1 of these terms and conditions.

9.7 As part of the hire agreement You agree to take good and reasonable care of the Bike and all other equipment issued as part of the agreement to ensure that no Damage whatsoever is sustained to the Bike or any other property belonging to You or a third party, save general wear and tear as can reasonably be expected from time to time through use of the Bike for its Intended Purpose.

9.8 We do not service or repair helmets. You hereby agree to have full responsibility with regard to wearing an appropriate helmet during use of the Bike during the duration of this rental agreement. We are not responsible for any injury or loss, to You or any other person, for not wearing a protective helmet, or for any loss or injury as a result of wearing an inappropriate helmet.

9.9 We reserve the right to refuse future hire of a Bike should You return a Bike Damaged.

10. LIABILITY

10.1 Nothing in these terms and conditions will exclude or limit any liability of Us which cannot legally be limited, including for death or personal injury caused by negligence and for any other liability where it would be unlawful to exclude liability.

11. EXCLUSION & SUSPENSION

11.1 If You do not comply with these terms and conditions when operating one of our Bikes, and/or any applicable laws, at any time, We reserve the right to exclude or suspend You from using our Bicycle Hire Scheme in the future, and for an indefinite period.

11.2 If You are excluded or suspended from using Our Bicycle Hire Scheme, or if We have reason to believe the information You have provided to Us is false/fraudulent, We will cancel Your remaining access to the Bike under these terms and conditions without payment of any refund to You.

11.3 Information obtained from the police regarding non-compliance with these terms and conditions or laws may be disclosed to Us and used to exclude or suspend You from the scheme.

12. REFUNDS

12.1 Before any refund of the Charge and/or Penalty Charge(s) and Replacement Value Charge(s) under these terms and conditions is made, We will first verify that payment has been made and received by Us. If there is no record of payment You must provide evidence of the payment.

12.2 A refund will only be issued once the Bike is safely in Bike Pad following a Damage inspection by one of our volunteers or staff.

12.3 Once a refund has been issued the agreement will be brought to an end and You will have no further access to the Bike.

12.4 If Your request for a refund is not complete, we will contact You for further information. Your refund request will be cancelled if You do not provide the information requested and required within 21 days of Our request.

12.5 All refunds will be made to You by Us in the way the Charge was paid.

12.6 Any duplicate payment proven will be refunded to You.

12.7 A refund will not be due in circumstances where You have tried to defraud Us.

12.8 A refund will not be due in circumstances where You have used the Bike for a purpose other than the Intended Purpose.

12.9 We will refund You sums paid to Us by You where it is proven these sums were paid in error.

12.10 We will charge the Replacement Value of the Bike once the Late Return Period has expired. If You return the Bike after this period We reserve the right to refuse a refund.

12.11 We will refund Hire Fees for early return of the Bike by You if returned within 5 weeks of the commencement of the hire. After this period no refund will be offered. A charge of £2.50 per completed week will be levied. See schedule 1 for additional information.

13. DATA PROTECTION

13.1 Please note that Robert Gordon University Student Association will collect and process certain items of Your personal data during the course of the performance of the rental process. The type of information We will collect and process the information that you provide to us which includes (but is not limited to) Your name, address and contact details. We collect this personal information for the purposes of entering into a contract with You. Failure to provide any personal information that we require may result in us not being able to enter into a hire agreement with you.

13.2 In processing Your personal data, we shall comply with all obligations of a data controller under applicable data protection legislation.

13.3 You have a right to access personal data relating to You which is collected and processed by us.

13.4 We will not Use Your personal information for any purpose other than for exercising Our rights and obligations under these terms and conditions.

13.5 For more information on how we process Your personal information, please see our privacy policy available on our website.

14. COMPLAINTS AND DISPUTES

14.1 As part of Our standard complaints handling process We will:

14.1.1 Record details of all enquires and complaints that We receive; and

14.13 Consider and respond to each in accordance with Our complaints handling policy.

14.2 These terms and conditions will be governed by Scots Law

14.3 If any dispute arises between You and Us and You want to take court proceedings, You must do so at a court in Scotland.

Schedule 1

Bike Hire component replacement value charge List

Bike Hire Components	Penalty Charge (per every period of full 7 days)	Bicycle	Reflectors (front and rear)	Lights (front and rear)	Lock	Helmet	High visibility vest	Bell
Replacement charge	£8.00	£40	£3	£15	£15	£15	£3	£1