Terms & Conditions
The Yellow Bike Company Ltd.,
Mulberry House, The Street, Whiteparish,
Salisbury Wiltshire SP5 2SL
Company Registration Number 6922927
AVAILABILITY OF THE YELLOWBIKE SERVICE
The Yellow Bike Company Ltd. ('Yellowbike') hires secure bike stands for pedal and electric bikes. By renting a stand, you are acknowledging that you have read and accepted the Terms and Conditions set out below.
- Use of the Service is limited to a period of hire as described within these Terms and Conditions.
- The Service shall be available all year, seven days a week without interruption, except in the event of force majeure or where the competent authorities limit the use of the service or restrict use or when notified on the website.
- Access to the Service is conditional upon the availability of stands at each location. The hirer should use the website and follow directions of use to hire our stands.
DETAILS OF SERVICE PROVIDED
- The period of hire is the period from the time that the hirer locks the drawbridge on the stand until it is released. Please note that the opening hours for each stand are listed clearly on the website.
- To hire a stand, the hirer must register with Yellowbike and then accept Yellowbike's Terms and Conditions. Registration must take place online.
- It is essential that as part of the registration process, the hirer identifies a card which has an NFC (Near Faced Communication) tag within it, thereby allowing Yellowbike to identify the hirer by his chosen card. No money will be taken at any stage in the process, but it is essential that the hirer uses the same card to release his bike as he has done at the outset to hire our unit.
- Any bicycle that is not properly secured remains the responsibility of the hirer. Every step is taken by Yellowbike to remind the hirer of the process. Yellowbike will not be held responsible for any loss of bike when users have not secured it in the first place.
- Yellowbike will not take responsibility for bikes that are damaged or where parts are lost when the stand is on hire, nor will Yellowbike be responsible for a hirer’s belongings that are attached to the bike in some way.
- This service is designed for the short-term storage of a hirer’s bicycle. In circumstances where the hirer does not return to collect his bicycle after 3 days (72 hours) Yellowbike retains the right to demand that the hirer removes his bike. Yellowbike retains the right to release any bike from its stands after proper notification by email and a period of a further 24 hours has elapsed.
- If the stand ceases to function or becomes defective or unsafe, then the hirer must notify the System Administrator who will recommend an alternative stand and notify Yellowbike if required.
- Details of the process for using our units are set out in How to use which forms part of this website.
OBLIGATIONS OF THE HIRER
- The hirer agrees to use the Service for which it was designed and in compliance with these Terms and Conditions.
- On registration, the hirer asserts that he has read and accepts these Terms and Conditions.
- In this bicycle stand facility designed for use in a dedicated community, the hirer must ensure that he has the permission of the System Administrator and that the Administrator has formerly approved his registration. Failure to gain such approval will render the hirer unable to use the system,
- Prior to hiring any stand, the hirer must undertake a visible check of the stand to ensure that there are no obvious signs of disrepair. Completing the Hire Procedure signifies that the hirer has visibly checked the condition of the stand prior to use.
- By securing a bike on one of Yellowbike’s stands, the hirer asserts that they are authorized to do so. Yellowbike will not accept any responsibility if a stand hirer secures a bike that it is not theirs to secure.
- The hirer is responsible for any damage that the stand suffers at the hands of the hirer, whether unintentional, inadvertent or not .and agrees to pay for the damage that has been inflicted by them.
- The hirer agrees to pay all fees or fines incurred during their use of the stand, such as court costs and administrative costs including any Local Authority fees or other violations. The hirer is responsible for, and agrees to pay, any administrative handling fees which occur as a result of any fines or unanticipated violations.
- The correct way for the hirer to lock their bike is by threading the chain through the back wheel and the saddle post. Yellowbike will take no responsibility for bikes that are stolen if bikes are not secured in this manner.
- In the event of the disappearance of a bicycle whilst it is locked on a Yellowbike stand, the hirer has a duty to report the disappearance to the System Administrator within 24 hours of being aware that the bicycle has been stolen. The Hirer also has a duty to report the theft to the police within 48 hours.
LEGAL RESTRICTIONS ON THE HIRER
- The hirer may not de-hire his bike when he is not present at the stand at the time of doing so, in case someone else should see that the lock is disengaged thereby creating an opportunity for them to steal the bike. To safeguard against this eventuality, Yellowbike has imposed some additional security measure.
- A hirer is expressly forbidden from securing a bicycle that belongs to someone else without permission.
LEGAL RESPONSIBILITIES OF THE HIRER
- The hirer is solely responsible for any damage incurred as a result of the use of the stand for the entire period of use. The hirer shall be responsible for, and agrees to pay, all costs associated with the repair of any damage, howsoever caused. The repairs will be undertaken at a fair market rate.
- The parents or legal representatives of any minor who subscribes to the Service shall be liable for any damage caused directly or indirectly by the minor as a result of using the Service.
- The hirer agrees to defend, indemnify and hold Yellowbike harmless from all losses, liabilities and damages, injuries, claims, demands, costs and expenses (unless it can be proven that Yellowbike did not fulfill reasonable maintenance procedures for the equipment being used ) incurred in any manner by Yellowbike throughout the rental period.
- In the event of an accident and/or incident, the hirer has an obligation to report the facts to the System Administrator within 24 hours following the occurrence thereof.
- The hirer must not operate the stand nor permit the stand to be operated whilst unfit to do so through drink, drugs or other prohibited substances.
- The hirer represents that all information that is provided as pertaining to the hirer is accurate and satisfies the conditions set forth herein.
The nature and/or amount of the penalties due and owing to Yellowbike by the hirer in the event of a breach of the provisions hereof shall be:
- Damage to the stand contrary to these terms and conditions.
- repair of damage to the stand attributable to the hirer based on the degree of damage to be determined by Yellowbike, or
- the full replacement cost of the stand, which is currently £500.
The corresponding amount of the penalties stated within these terms and conditions is due and owing upon the first demand by Yellowbike where the hirer has been found to be in breach of his or her obligations hereunder.
CONFIDENTIALITY AND USE OF PERSONAL DATA
Under the Acts governing the confidentiality of personal information, any hirer may have access to, and, if applicable, correct or delete information pertaining to such hirer by contacting System Administrator
INTERPRETATION AND OBLIGATIONS
The hirer hereby agrees to comply with the T&C'S and acknowledges and accepts that any breach thereof may result in the termination hereof in accordance with law. No rights or privileges hereunder may be assigned to anyone in any way whatsoever.
All disputes must be sent to the System Administrator at the address shown on the CONTACT US page. These Terms and Conditions are governed by, and shall be construed in accordance with, the Laws of England.