GENERAL TERMS AND CONDITIONS OF SERVICE

UPDATED & APPLICABLE AS OF JULY 1ST 2021

  1. DEFINITIONS 

In the below General Terms and Conditions, the stated terms will have the following meaning: Subscription: 

The agreement between MOBY Bikes Ltd and the Renter for the use of the Bicycle, Electric  Bicycle, Cargo Bicycle or Electric Kick Scooter by the Renter, as well as any other agreement  between MOBY Bikes Ltd and the Renter. 

General Terms and Conditions: 

These general terms and conditions of MOBY Bikes Ltd that apply to any Subscription. End Date: 

The date on which the Subscription ends by means of cancellation by the Renter as explained  in Article 6.3; 

Bicycle, Electric Bicycle, Electric Cargo Bicycle or Electric Kick Scooter: 

The mode of transport made available by MOBY Bikes Ltd to the Renter under the  Subscription for use by the Renter in accordance with the General Terms and Conditions; 

Renter: 

Any natural person or legal entity who takes out a Subscription with MOBY Bikes Ltd; We, our and us: Refers to MOBY 

You, your: Refers to a user of MOBY Bikes 

MOBY Bikes Ltd: 

MOBY Bikes Ltd (Company Registration Number: 598600) having its registered office in  Dublin and its principal place of business at:

MOBY BIKES
Rogers Building
Dublin City University Alpha Innovation Campus
Old Finglas Road
Glasnevin
Dublin 11
D11 KFX9 

  1. APPLICABILITY 

2.1 These General Terms and Conditions apply to any Subscription between MOBY Bikes Ltd  and the Renter on which we offer bike/scooter hire and related products, services & digital  content. 

2.2 Arrangements between MOBY Bikes Ltd and the Renter varying from or supplementary  to these General Terms and Conditions will be valid only if they have been explicitly confirmed  in writing via e-mail by a regional manager of MOBY Bikes Ltd. 

2.3 We reserve the right to refuse MOBY membership at our complete discretion. 

2.4 You agree that we will process all personal data in accordance with our Privacy Policy  which you can read at https://www.mobybikes.com/privacy-policy/ 

2.5 We reserve the right to suspend your account at any time for your suspected failure to  comply with these terms and conditions. 

2.6 We always try our best to run a reliable service. At times, our bike hire service may be  unable to operate for reasons beyond our reasonable control. 

2.7 We offer no guarantee that a bike will be available when needed. All bike hire is subject to  availability. 

  1. SUBSCRIPTION 

3.1 The Renter will have a Bicycle, Electric Bicycle, Electric Cargo Bicycle or Electric Kick  Scooter at their disposal for the term of the Subscription.

3.2 The Bicycle, Electric Bicycle, Electric Cargo Bicycle or Electric Kick Scooter comes with  lock and key subject to availability and extra charge. 

3.3 Under the Subscription, the Renter is entitled to free bike/scooter replacements.   This is understood to mean: 

Free of charge repairing of defects to the Bicycle/Scooter caused by wear and tear and  normal use of the Bicycle. Examples of such defects include a flat tyre, a broken chain or  chain guard, a torn saddle and broken lighting; if necessary, free of charge exchanging of  the Bicycle/Scooter within the limits of the city where MOBY Bikes Ltd operates. 

3.4 MOBY Bikes Ltd always has a spare key to the Bicycle. If the key gets lost or damaged,  the Renter must request a new key from MOBY Bikes Ltd. The costs involved amount to  EUR 40 per key. 

3.5 The Renter will not be allowed to have copies made of the key or to have more than one  key in their possession, also on account of the risk of theft. A key that was previously reported  lost that is recovered must immediately be returned to MOBY Bikes Ltd. 

3.6 The Bicycle/Scooter may contain advertisements. The Renter must immediately contact  MOBY Bikes Ltd if the advertisement has been damaged or if an advertisement completely  disappears from the Bicycle. 

  1. CONDITIONS 

4.1 The Renter makes normal use of the Bicycle/Scooter and takes due care of the  Bicycle/Scooter. 

4.2 The Bicycle/Scooter is intended exclusively for personal use by the Renter. The Renter is  not allowed to use the Bicycle/Scooter as an entrepreneur (i.e. using the Bicycle for e.g. the  professional delivery of goods is prohibited). In the event of a breach of this obligation the  Renter shall pay a contractual penalty in an adequate amount, however not more than EUR  2.000. The precise amount of such contractual penalty shall be determined by MOBY Bikes  Ltd. Such contractual penalty shall be without prejudice to any other rights of MOBY Bikes  Ltd, including but not limited to a right to claim damages and to terminate the subscription in  accordance with Clause 12 of the General Terms and Conditions. 

4.3 The Renter must have a valid credit card on sign up, and submit valid proof of identity on  signing up. 

4.4 The Bicycle, Electric Bicycle, Cargo Bicycle or Electric Kick Scooter will at all times  remain the property of MOBY Bikes Ltd. The Renter will not be allowed to create or grant any  security interest or other right in respect of the Bicycle for a third party’s benefit.

 

4.5 The Renter will be personally liable for compliance with the General Terms and  Conditions. 

4.6 The Renter will be responsible for passing on changes to the data known to MOBY Bikes  Ltd, such as a new address, in good time. 

4.7 The Renter may not make any changes to the Bicycle/Scooter that cannot be removed  without damaging the Bicycle/Scooter and is not permitted to manipulate in any way the  electronics and/or software of the Bicycle, Electric Bicycle, Electric Cargo Bicycle or Electric  Kick Scooter. 

4.8 The Renter is solely responsible for all items he/she transports on a bicycle/scooter. 

4.9 The renter must be at least 18 years old and able to enter into legally binding contracts to  be able to subscribe for a MOBY Bikes Ltd. Minors may subscribe under the supervision of an  adult. 

  1. BIKE REPLACEMENT 

5.1 MOBY Bikes Ltd aims to repair or replace bicycles/scooters within 24 hours after the  Renter has contacted MOBY Bikes Ltd by telephone, via e-mail, WhatsApp or the MOBY  Bikes Ltd App. Replacement takes place by appointment with the Renter. 

5.2 If this target time is not achieved, the Renter cannot claim any compensation or payment. 

5.3 Replacement only takes place in case of a defect, loss or theft of the Bicycle/Scooter and  only within the city limits in which MOBY Bikes Ltd is active. 

5.4 If the Renter unjustly requests a replacement, MOBY Bikes Ltd will be entitled to charge  EUR 20 in call-out charges. If the Renter fails to appear at an appointment that was made this  will also be regarded as chargeable. 

5.5 When MOBY Bikes Ltd exchanges a Bicycle/Scooter, the Renter will transfer the  Bicycle/Scooter to MOBY Bikes Ltd including the battery, charger, lock, cable and  corresponding key (if relevant). 

  1. TERMS OF THE SUBSCRIPTION AND CANCELLATION 

6.1 The term of the Subscription (“Subscription Period”) is agreed upon in the order process.  To the extent agreed in the Order Process, MOBY Bikes Ltd may charge Renter with a one time fee. 

 6.11 If a cancelation is requested by the Renter before receiving the bike/scooter,  refunds will be issued minus a €5 transaction processing fee and processed within 7-10 days.

6.12 If a cancellation is requested by the Renter after receiving the bike/scooter and within  the first 60 days of the subscription period, a cancellation fee of €25 will be applicable and  charged at the discretion of MOBY Bikes Ltd. 

6.2 In case of a monthly Subscription, the Subscription Period is one month from the date stated  in the order process and automatically extends on a month-by-month basis, unless terminated  in accordance with these Terms & Conditions. Both MOBY Bikes Ltd and Renter may  terminate a monthly Subscription at any time with a notice period of 3 days. 

6.3 In case of a Subscription with a minimum term, the Subscription Period begins on the date  stated in the order process and remains in effect for the minimum term agreed in the order  process, early termination will not be possible. Upon expiry of the minimum Subscription  Period, the Subscription turns into a monthly Subscription, as specified in clause 6.2. 

6.4 From the day that the written cancellation of the Subscription by the Renter has been  received by MOBY Bikes Ltd, the Subscription will continue until the end of the current period  if it ends at least in 3 days, or the end of the next period if not enough notice was given to  MOBY, unless the bike is returned by the Renter to MOBY before a new period starts. 

6.5 The Renter has the right to use the Bicycle/Scooter until the End Date of the Subscription  after termination notice. The Renter has the obligation to meet the costs of Subscription until  the End Date. 

6.6 The Bicycle/Scooter and all the relevant items provided to the customer along with the bike  are to be submitted to MOBY Bikes Ltd no later than the End Date. 

6.7 If the Renter hands in the Bicycle/Scooter before the End Date, this will end all rights of  the Renter under the Subscription, without prejudice to the Customer’s obligation to pay the  full Subscription costs until the End Date. 

6.8 Prior to returning the Bicycle/Scooter on the End Date the Renter can cancel the termination  free of charge by sending an email to MOBY Bikes Ltd. The e-mail must be received by MOBY  Bikes Ltd on the day preceding the End Date. 

6.9 If the Renter wishes to enter another Subscription within three months of the End Date, a  start-up cost of EUR 30 is applicable. 

6.10 MOBY Bikes reserves the right to request the customer to return a rented bike/scooter to  the company for any reason, for a swap or rental termination. 

6.11 When the Bicycle/Scooter is not returned on or before the End Date MOBY Bikes Ltd  reserves the right to apply a daily fine of EUR 5 every day from the End Date until return of  the Bicycle/Scooter, with a maximum of 7 days.


6.12 If the Bicycle/Scooter is not returned within seven days of the End Date to MOBY Bikes  Ltd and the Subscription is not reactivated, subsequently MOBY Bikes Ltd will report a  theft by the Renter. In that case, the Rental Customer will also be obliged to compensate  MOBY Bikes Ltd for the loss suffered, which will be established for each type of Subscription  and can be found in Table 1, without prejudice of the right of MOBY Bikes Ltd to request full  compensation of the loss suffered by it, to the extent that it exceeds the sum of the established  compensation, depending on the type of Subscription. 

Table 1: Amount of compensation for each type of Subscription

 

Type of Subscription  Established compensation if stolen
MOBY+  EUR 1000
MOBY+ PRO  EUR 2500 (GIANT Model

EUR 1500 (for all other models)

MOBY+ Scooter  EUR 500

 

6.13 The Renter is aware that the Bicycle/Scooter could be owned by a leasing company. If  the Bicycle is owned by a leasing company, the Renter will be obliged, on the leasing  company’s demand, to either hand in the Bicycle/Scooter to the leasing company (subject to  reimbursement for the remainder of the rental period) or to be discharged from their obligations  by paying the leasing company the future rent, as the leasing company may choose. 

THEFT & LOSS 

6.14 In the event of the loss or theft of the Bicycle/Scooter and/or the battery, the Renter will  be obliged to report this to MOBY Bikes Ltd within 24 hours, to hand over to MOBY Bikes  Ltd the key to the Bicycle and other relevant items, and to report this loss or theft to the police  together with an employee of MOBY Bikes Ltd by providing details to MOBY and also at one  of the Garda Stations, providing the Pulse Number to MOBY for that in person report. In that  event, the Renter will owe a deductible, which is different for each type of Subscription. The  applicable deductible for each type of Subscription is included in Table 2. After the report has  been completed, the Renter will receive a replacement Bicycle/Scooter from MOBY Bikes Ltd  if needed, after also agreeing payment of the deductible.


Table 2: Amount of deductible for each type of Subscription 

Type of Subscription  Established compensation if stolen
MOBY+  EUR 600
MOBY+ PRO  EUR 2000 (GIANT Model

EUR 1000 (for all other models)

MOBY+ Scooter  EUR 300

 

6.15 If the Renter does not, or not in good time, report a loss or theft of the Bicycle/Scooter, or  if the Renter cannot hand over the Bicycle key to MOBY Bikes Ltd, the Renter will owe MOBY  Bikes Ltd the compensation established in Table 1. 

6.16 In order to prevent incidents such as loss, theft and damage, the Bicycle must always be  double locked with the provided locks as per MOBY’s guidelines. In addition, the bike must  be kept indoors at home when not in use and the battery must be removed when the bike is  locked outside [somewhere else than home, temporarily (examples: supermarket, office, etc.)]  for over 15 minutes. 

6.17 If a missing or stolen Bicycle/Scooter is recovered within the term of the Subscription,  the Renter will be credited no more than the deductible paid. MOBY Bikes Ltd will determine  this amount on the basis of the condition of the Bicycle/Scooter and any other costs. 

6.18 If it turns out that the Renter has provided incorrect information that disadvantages MOBY  Bikes Ltd, MOBY Bikes Ltd will be entitled to add an unfairness surcharge of EUR 100. This  amount will be in addition to the deductible and any negligence surcharge. 

6.19 If parts of the Bicycle are missing or stolen, MOBY Bikes Ltd will be entitled to charge  this to the Renter up to the amount of the deductible at most. 

6.20 If the Bicycle has been removed by Garda, Dublin City Council or associated municipal  body or organisation for some reason, MOBY Bikes Ltd will contact the Renter regarding the  recovery process, which may need to be done by the Renter. Any costs for recovering the  Bicycle/Scooter or other costs will be payable by the Renter.


  1. DAMAGE AND SERVICING 

7.1 The Renter will report damage to the Bicycle/Scooter caused by vandalism to MOBY Bikes  Ltd within 24 hours. 

7.2 MOBY Bikes Ltd reserves the right to check the condition of the Bicycle/Scooter.  Customers shall cooperate with any necessary servicing or maintenance, on demand by MOBY  Bikes Ltd. 

7.3 In the event of damage and wear and tear to the Bicycle/Scooter other than what can be  expected from normal use, such at the discretion of MOBY Bikes Ltd, MOBY Bikes Ltd  reserves the right to recover the associated costs from the Renter. 

7.4 If there is any damage caused by the contributory fault or fault of a third party, the Renter  will be obliged to submit to MOBY Bikes Ltd the contact details of this third party as well as  a sketch of the scene signed for approval by both parties. If the contact details of the third party  are not submitted, the damage will be charged to the Renter. 

7.5 The Renter is responsible for getting repairs and servicing of the MOBY Bike/Scooter he  has in possession done only at MOBY’s workshop and NOT anywhere else by himself or an  unauthorised third party. The Renter is liable to pay a penalty of 30 EUR each time he is  found to be getting repairs of the MOBY Bike/Scooter at a place other than MOBY’s  workshop and (or) by authorised third parties, if any

  1. PAYMENTS 

8.1 When taking out a Subscription, the Renter will also be obliged to give a direct debit  mandate to have the monthly Subscription costs and other costs owed debited to the stated bank  account number or credit card provided on signup. 

8.2 In the event of additional costs charged, such as the deductible and surcharges, MOBY  Bikes Ltd will be entitled to first require payment thereof before providing a new  Bicycle/Scooter to the Renter. 

8.3 If Subscription costs or other costs cannot be debited or are wrongly reversed, the Renter  will be in default by operation of law. In that case, the Renter will receive a demand to pay the  amount due within fourteen days. MOBY Bikes Ltd may engage a collection agency if the  amount due has not been paid within the period of fourteen days. All additional administrative  costs and extrajudicial collection costs will be payable by the Renter.

 

  1. LIABILITY 

9.1 If the Renter puts a Bicycle/Scooter into use, this will be construed as evidence that it  functions properly and does not show any defects. 

9.2 If the Renter doubts the safety of the Bicycle/Scooter, they must immediately contact  MOBY Bikes Ltd. 

9.3 The Renter uses the Bicycle/Scooter at his/her own risk. 

9.4 MOBY Bikes Ltd will not be liable for any damage or harm suffered by the Renter as a  result of using the Bicycle/Scooter, save in the case of wilful conduct or gross negligence on  the part of MOBY Bikes Ltd. 

9.5 The Renter will be responsible for communicating any defects and/or damage to the  Bicycle/Scooter in good time. 

9.6 The Renter may not transfer any of his/her rights under these terms and conditions to any  other person. 

  1. AMENDMENTS 

10.1 MOBY Bikes Ltd reserves the right to change the costs of a Subscription. Changes will  be communicated to the Renter via e-mail at least two weeks before the effective date. 

10.2 Changes in the General Terms and Conditions will be communicated at least two weeks  before the effective date by an email to the Renter. 

10.3 MOBY Bikes Ltd will at all times be entitled to transfer its claims against the Renter, of  any nature whatsoever, to third parties. 

10.4. The Renter may change the Subscription into a more expensive Subscription free of  charge, in which case MOBY Bikes Ltd will make an appointment and arrange the exchanging  of the Bicycle for a Bicycle that is in line with the new Subscription. If the Renter wishes to  downgrade their Subscription within six months of commencement of a Subscription, MOBY  Bikes Ltd will be entitled to charge 100 EUR Downgrade Fee. 

  1. FAILURE TO FULFIL OBLIGATIONS 

11.1 MOBY Bikes Ltd will be entitled to terminate the Subscription with immediate effect,  either wholly or partially, or to cancel the Subscription by means of a written notice to the  Renter if:

 

  1. a) the Renter fails to fulfil their obligations under the Subscription; 
  2. b) the Renter applies for a provisional or definitive suspension of payments or is granted a  provisional or definitive suspension of payments; 
  3. c) bankruptcy or a winding-up petition is filed for in respect of the Renter or if they are put into  bankruptcy or liquidation; 
  4. d) the Renter is placed under guardianship or is allowed to participate in the debt restructuring  scheme for natural persons; 
  5. e) the Renter uses the Bicycle/Scooter contrary to the provisions in the General Terms and  Conditions (e.g. the provisions in clause 4); 
  6. f) the Bicycle/Scooter or other goods of the Renter are attacked and this negatively influences the  fulfilment of their obligations under the Subscription; the Renter, in the opinion of MOBY  Bikes Ltd, abuses the service offered by MOBY Bikes Ltd; the Renter deliberately provides  incorrect information to MOBY Bikes Ltd, or the Renter otherwise should no longer be deemed  able to fulfil the obligations under the Subscription. 

11.2 The Renter has the right to immediately terminate the Subscription if MOBY Bikes Ltd  has repeatedly and/or seriously failed to fulfil its obligations described in the General Terms  and Conditions. 

  1. PRIVACY 

MOBY Bikes Ltd considers the protection of your personal data to be important. How we  protect your personal data is explained in our Privacy Statement. This can be consulted at https://www.mobybikes.com/privacy-policy/. Questions or remarks in this regard may be  addressed to info@mobymove.com 

  1. APPLICABLE LAW DISPUTES 

13.1 All complaints and disputes will be responded to within 14 days of lodging one. The  complainant agrees to provide us with any information we may request to help in our  investigation. 

13.2 Irish law applies exclusively to the Subscription and the General Terms and Conditions. 

13.3 All disputes arising from or connected with the Subscription will only be submitted to the  competent court of Dublin.

 

  1. ELECTRIC KICK SCOOTERS 

Electric Scooters are not to be used on public roads or pavements. Only on private land with  the owner’s consent. MOBY electric scooter subscription customers are not permitted to ride  on footpaths, cycle lanes or public roads. It is the responsibility of you, the customer, to abide  by the relevant road traffic laws. Failure to do so could result in a confiscation of the electric  scooter or fines by the GARDA and subsequent fines by MOBY up to and including the total  asset value of the scooter & forfeiture of your deposit. You are liable for the full cost of  recovery of the scooter in the event of its illegal use and subsequent confiscation by any  relevant authorities. 

  1. INSURANCE 

You are not insured by us to use MOBY’s Bikes/Scooters and you do so entirely at your own  risk. It is advised that you take out your own public liability insurance if you do not have such  a policy already in place.