UPDATED & APPLICABLE AS OF JULY 1ST 2021
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;
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:
Dublin City University Alpha Innovation Campus
Old Finglas Road
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.
2.5 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.
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.
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.
- 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).
- 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+ 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+ 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.
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.
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.
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.
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.
- 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:
- a) the Renter fails to fulfil their obligations under the Subscription;
- b) the Renter applies for a provisional or definitive suspension of payments or is granted a provisional or definitive suspension of payments;
- c) bankruptcy or a winding-up petition is filed for in respect of the Renter or if they are put into bankruptcy or liquidation;
- d) the Renter is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons;
- e) the Renter uses the Bicycle/Scooter contrary to the provisions in the General Terms and Conditions (e.g. the provisions in clause 4);
- 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.
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 firstname.lastname@example.org
- 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.
- 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.
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.