Terms of use

The following general terms and conditions (GTCs) are valid for the use of rental bikes offered by Berkeley Homes (Southall) Lt (BSO). Paragraphs 1 – 7 of our GTC’s regulate the rights and obligations for the use and rental of bikes. Paragraphs 8 – 17 regulate the business relationship between BSO as operator of the rental system and its customers.

1. Jurisdiction and subject of the General Terms and Conditions

1) BSO (the “provider”) rents bicycles to registered resident customers (“customer”) at The Green Quarter (“operation area”) as far as the products and services are available. These GTCs regulate the relationship between BSO and the respective customer in terms of the registration (framework contract) and the conditions for the conclusion of rental contracts.

2) BSO has authorized POD Management (the “agent”) to act on its behalf in terms of the management of the scheme.

3) These general terms and conditions apply to the usage of the rental bikes at The Green Quarter.

4) Rentals and returns are possible via smartphone app only.

5) Individual agreements made orally between parties before or during the contractual period, deviating from these GTCs, must be approved and confirmed in writing by an individual having the appropriate authority to do so from BSO.

6) These GTCs are entered into and finalized in the English language.

7) If the customer wants to rent bikes from different BSO brands outside the United Kingdom, the customer will be informed about those local rates and GTCs.

2. Registration, Confirmation and Termination

1) Application for registration (“application”) is possible via POD Management (“agent”), after which point the customer can activate the registration via the dedicated smartphone app (“APP”). In order to become a registered customer, the applicant must be 18 years of age at the time when the application is approved.

2) The following data shall be deemed mandatory in order to register: name, address, phone number, and email address. If any of the above data is found to be intentionally fake, BSO reserves the right to close the account.

3) Following receipt of all relevant personal data, the Provider or the Agent decides whether or not to accept and approve the framework contract with the applicant.

4) Approval of the application shall result in the APP registration becoming active.

5) Upon registration, the applicant’s registration details may be used to log into the smartphone app and their online customer account as well as to enter into rental agreements at rental terminals and bike computers.

6) Following registration, a framework contract between BSO and the customer is entered into, and the customer gains access to a customer account. After the creation of the framework contract, the customer may rent BSO bikes. However, entering into the framework contract does not amount to the conclusion of an individual rental agreement between BSO and the customer.

7) Registration is free of charge for applicants via smartphone.

8) Prepaid cards and virtual cards or virtual credit cards numbers are not accepted by the Provider.

9) Depending on the choice of rates, the provider is authorized to charge rental fees. The amount of these fees and deposits may be requested from the Agent.

10) The customer is obliged to inform BSO or the Agent immediately of any changes to their personal information which occur during the business relationship. This includes personal data and information regarding payment methods (e.g., address or credit card information).

11) The bike rental scheme is only open to residents; therefore, access to the App will be removed when customers are no longer living at The Green Quarter.

3. Duration of Rental

1) The chargeable rental period of a bike begins when the lock is opened by the customer. General Terms and Conditions (GTCs) for Bike Rental Systems Operated BSO

2) The customer is obliged to check if automatic return was successful at the end of the rental period in accordance with Clause 7. Upon provision of this information, the chargeable rental of the bike as well as the rental period to be invoiced will be over. The official end of the rental period shall be marked with the receipt of information by the customer via smartphone through the App. The Agent must be informed about any problems immediately. Notification at a later stage may result in any associated recourse claims being rendered invalid.

4. Rental Limitations

Unless otherwise stated in writing by BSO, each customer may rent only one (1) bike on their customer account at a given time. Any membership rate or special offering on the account will only be valid for one (1) bike at a time.

5. Terms and Conditions of Use

1) The rental bikes may NOT be used:

a. by persons who are younger than 18 years

b. to transport illegal, flammable, explosive, toxic, or dangerous materials or substances,

c. to carry other persons, in particular young children,

d. for journeys outside of the United Kingdom and for journeys outside of the Green Quarter area without the written consent from BSO,

e. for hiring to third parties,

f. to participate in bicycle races or bicycle test events without the prior written consent of BSO,

g. by individuals under the influence of alcohol or drugs (zero legal (alcohol) limit),

h. for any purposes other than the customer’s private use (e.g., the completion of any business activities; the improper use of the rental bikes under this section shall include but not be limited to the usage of the rental bikes to complete any activities that are related to or can be defined as a delivery business). For the avoidance of doubt, this shall not include the usage of the rental bike to travel to the customer’s work location or work-related meeting.

i. If the bikes are used in unfavorable weather conditions (e.g., strong wind, rainy weather, stormy weather) or any weather conditions that are unfavorable to bike usage, the user may experience these weather conditions to a greater extent in relation to a normal bike due to the advertising panels used on the bikes. The use of bikes during any adverse weather conditions is at the user’s own risk, and BSO advises the user NOT to use the bike in such conditions.

j. bikes may not be placed in any form of public/private transport.

2) The customer is obliged to obey all road and traffic laws and regulations.

3) Freehand (“no-hands”) operation of the bike is not allowed at any time.

4) It is forbidden to use the bike basket in an improper manner or overload it (maximum allowable load: 5 kg). The customer is obliged to ensure that all transported goods and items are properly fastened and secured at all times.

5) Unauthorized modifications or alterations to the rental bike are not allowed.

6) Following the successful return of the rental bike, if the customer wishes to reuse the returned bike they shall be required to initiate a new rental process.

7) In cases where it is found that tampering of the lock has taken place, a fee shall be applied to the customer in question’s account.

8) If a customer provides a bike to a third party to use, they must guarantee that the third party agrees to these GTCs. The customer is responsible for the actions of any third parties they allow to use the bike to the same extent as for their own actions. When lending the bike to a third party, the party must be older than 18 years.

6. Condition of Rental Bikes

1) The customer is responsible for making themselves familiar with the condition and the appropriate use of the rental bike before rental.

2) The customer is obliged to check before use that the bike is in a roadworthy and safe condition, as much as is reasonably possible. Should the customer find technical defects or deficiencies at the beginning of, or at any point during, the rental period, they must notify the Agent and stop using the bike immediately. If there is a technical defect or deficiency after rental but before the customer uses the bike, the rental will be canceled by the provider once notified by the customer.

3) Defects such as tire damage, rim defects, or gear shift failures must also be reported immediately to the Agent POD Management.

7. Return of the Rental Bikes

1) The bicycle MUST be returned to a docking station at the Green Quarter. The customer is obliged to follow road traffic regulations when returning or parking the bike. Furthermore, they must ensure that the bike does not hinder road safety, obstruct other vehicles and/or traffic, and that no damage is done to third parties or their property. Only if a docking station is full, may the bike be parked and locked next to the docking station; in this case, the kickstand must be used, and the bike should be parked in line with other bikes, ensuring no hindrance to pedestrians, building access, or vehicular traffic.

2) Customers are NOT allowed to return or park bikes:

a) at traffic lights, Systems Operated by BSO

b) at parking ticket machines or parking meters,

c) at traffic signs,

d) on walkways which are thereby reduced to a width of less than 1.50 meters,

e) in front of, in, or near emergency exits and fire department service zones,

f) where the bike blocks local advertisements,

g) to lock the bike at fences of private or public buildings,

h) on train and bus platforms,

i) on public bike racks,

j) in buildings, backyards/courtyards, or within any type of vehicle at any time,

k) on guiding paths for the blind,

l) at or in front of post boxes,

m) in front of doors or gates or in their swivel range,

n) in or in front of driveways.

3) The rental bike must be locked correctly when not in use, even if the customer leaves the bike unattended for a short time.

4) The customer shall NOT be allowed to park/return the bikes in parks/green spaces or on private property.

5) Failure to comply with the above provisions shall result in the charging of service fees.

6) The return of rental bikes outside the defined area of usage is not permitted. In general, this area is defined as the Green Quarter docking stations. Users are reminded that they are not allowed to put bikes on trains or other forms of transportation.

7) Any bikes returned to any other place (improper return) shall be subject to a fine of £100.

8) The bike must be returned so that it is clearly visible at one of the stations in the app using the lock provided. Where the bike is returned automatically/manually by locking it, the customer must check within the app if the return was successful.

9) The customer shall be responsible for payment of any official fines and/or claims on the part of any third parties incurred as a result of non-compliance with these regulations or legal regulations.

8. BSO Liabilities

1) BSO shall be liable to the customer in any case of malicious intent or gross negligence demonstrated by BSO, as well as by any representatives or agents, in accordance with the statutory provisions. Furthermore, BSO is only liable for the violation of life, bodily health, culpable violation of essential contractual obligations, or any other statutory reasons that may be applicable. Should any essential contractual obligations be breached, the claim for damages shall be limited to the foreseeable damage adhering to the contract. BSO is not liable for damages to objects transported during a rental either through the use of the bike basket or the mobile phone holder (if applicable), unless the damage was due to intentional or grossly negligent behavior of BSO. Other than the aforementioned stipulations, the liability of BSO is excluded.

2) BSO shall not be liable in cases of improper and/or unauthorized use of the bicycle unless the damage was due to intentional or grossly negligent behavior of BSO or the damage would have occurred independently of the improper/unauthorized use.

9. Customer Liabilities

1) Use of services provided by BSO occurs at the customer’s own risk. The customer takes full responsibility for damages caused by themselves. The customer is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof. Claims made by BSO’s liability insurer against a customer remain unaffected.

2) The customer shall be made liable for all costs and damages incurred by BSO due to culpable non-compliance with obligations under these terms and conditions.

3) The customer accepts liability from the moment the bike is unlocked via the APP until successful return (max. 2 hours). If the customer causes damages due to any negligent behavior or the bike is stolen because of such, the customer remains liable according to the costs for material and labor costs or recovery of stolen bikes to an amount up to but not exceeding £500. This maximum amount does not apply in cases in which the customer has caused the damage intentionally or where the customer is proved to be grossly negligent in their actions or if the customer returns the bike outside of the respective operation area. In such cases, the amount of liability claims applicable shall be determined by the actual amount and real value of damage incurred.

4) The customer is liable for the consequences of traffic offenses or criminal offenses committed by them during use. They shall bear all resulting costs and indemnify BSO completely against any claims of third parties.

5) If the bicycle is stolen during the rental period, the customer must report the theft immediately to the police and then to BSO on 0203 818 6187 or thegreenquarter@podmanagement.co.uk.

6) BSO is entitled, in cases of due reason e.g. non-compliance with these GTCs or any other applicable laws or regulations and in particular in cases of misuse, to cancel customer rights and thereby exclude customers from using BSO services and bicycles.

7) Information obtained by the police regarding non-compliance with these GTCs, any applicable laws or regulations, while the customer or any user under their account are using a bicycle may be disclosed to BSO. BSO may use such information to exclude or suspend the customer from using the bicycles.

10. Customer Obligations in Case of Accidents

BSO or the Agent must be informed of accidents immediately via telephone and email at 0203 818 6187 or thegreenquarter@podmanagement.co.uk. In cases of accidents involving not only the user but also third-party property or other persons, the customer is also obliged to report the incident to the Police immediately. Failure to do so on the part of the customer shall result in the customer being liable for damages incurred by BSO owing to the infringement of said obligation.

11. Confidentiality of User Information

1) The customer is responsible for preventing unauthorized use of the customer’s user data by third parties.

2) BSO expressly states that Berkeley Homes Southall Limited employees or POD Management employees are not authorized to and will never request or ask for the customer password & account details.

3) The customer may change the personal data anytime and as often as they want.

4) Should the customer have reason to believe that their user data has been compromised or misused, they should inform BSO or the Agent of this fact immediately.

5) The customer may deactivate their customer account via the APP and the Agent can deactivate the account.

12. Fees, Prices and Calculations

1) BSO’s calculation of all fees and services shall be charged on the basis of the prices valid at the beginning of each individual use of the bicycle (rental according to Section 5). Rental fees can be found on the App.

2) Should the customer wish to deactivate an account, this may be done on the App.

13. Payment and Delayed Payment

1) The customer is obligated to pay the billed amounts by means of credit or debit card. The customer may change their preferred method of payment at any time.

2) Should it be impossible to process a payment due to insufficient funds in the customer’s account due to the customer's fault or for other reasons for which the customer is responsible, BSO or the Agent will close the account until the account is updated unless the customer is able to show that the actual expense incurred was lower. In individual cases and if the customer is not able to show that the expense was lower, the claims made by BSO or the Agent may be equal to, but may not exceed, the actual expenses incurred.

3) f the customer defaults on payment, default interest will be charged at a rate of three percentage points over the base interest rate. Reminder fees in accordance with additional administrative effort and expense incurred shall also be charged to the customer.

4) If the payment is delayed for at least two (2) months, equal to or greater than 15 GBP, BSO is authorized to demand the entire claim and to discontinue its service until the customer meets their obligations.

14. Billing, Rental Lists, Controlling

1) BSO invoices its customers according to the current rate shown in the App. Finalized rental processes (including costs and time periods) may be viewed by the customer on their account in the App. This listing of all completed rental processes does not include items which are extraordinary and cannot be included by the automated system (such as fees due to contractual non-compliance and/or service fees).

2) Debiting of the customer’s account occurs automatically. BSO reserves the right, however, to demand payment by customers either by telephone or in written form. Objections to debited charges must be submitted in writing to BSO or the Agent within 30 days of receipt of the invoice.

3) Customer rights following expiry of the objection period, also in cases of rightful claims, remain unaffected. Any refunds due will be credited to the customer’s account and applied to the next due payment unless otherwise dictated by the customer.

15. Termination and Deletion of Customer Information

1) Both contractual partners may terminate the framework contract at any time with a notice period of two weeks. The right to extraordinary termination is not affected by this provision. The customer may deactivate their customer account on the App.

2) Once the customer account has been closed, the customer's personal data may be retained for purposes as required to meet legal/regulatory requirements or any financial requirements/obligations that are due by the customer to BSO (this may include but shall not be limited to the payment of any outstanding amount on a user’s accounts).

3) The deactivation of an account shall mean that an account is closed. If a customer wishes to use this account again, they will be required to go through the registration process again.

4) An account shall only be deactivated by BSO or the Agent once all debts have been paid and no obligation to BSO exists from the customer.

5) When closing their accounts, customers shall be entitled to request a refund if there is a credit on the account, provided that there are no open amounts due to the Provider.

16. Privacy Policy

1) BSO collects, stores and uses customers’ personal data where it is necessary to fulfil:

a) its contractual obligations,

b) the realization of the contract between the customer and BSO or

c) to fulfil any other legal duty. BSO is obligated to use that data only in compliance with the provisions set forth in the Data Protection Act.

2) BSO shall be entitled to disclose information about the customer to investigating authorities and to the necessary extent, in particular the customer’s address, should proceedings be initiated against the customer for a civil or criminal offence.

3) For the purpose of payment, the customer’s payment data will be transferred to our payment-partners for verification and accounting of the rental fees. Following the registration process, this data is no longer visible to employees of BSO.

4) Further information regarding the use, administration and processing of personal information may be viewed in our Privacy Policy.

17. Further Provisions

1) These GTCs and customers’ use of BSO’s services are governed by and construed in accordance with the laws of England, Wales, Scotland and Northern Ireland.

2) Verbal auxiliary agreements do not exist.

3) Legal ineffectiveness of any part of these GTCs does not affect the validity of the remainder of the document.