Agreement for a bike package rental between “Subscriber” and  MOBY Bikes UK Limited (“Moby”)

Updated: 23.12.2024

1. Definitions:

The definitions and rules of interpretation in this Clause shall apply to this Agreement.

• Subscriber - the individual who signs up for a subscription with MOBY whose details are provided above.
• Bike Package - All the items included within the subscription which includes a bike, battery, charger, lock, key and other items if added on.
• Term - the length of this Agreement
• Operational Area - The Operational Area is defined based on your subscription
• Equipment - All the items included within the Bike Package.
• Subscription - A weekly or monthly plan for a Bike Package

2. Operational Area

• The operational area of London is defined as within the M25 ring road.
• Bikes are not allowed to be operated outside of these areas.

3. Term

• From the date of starting your subscription it will continue until you or MOBY cancel this agreement.

4. Subscriber Obligations

The Subscriber will:

• Inform MOBY of any changes to their personal details.
• Provide a valid form of Identification (Passport, Driving License or Government-issued ID).
• Be at least 18 years of age.
• Be responsible for the risk of theft, safe riding and storage of the bike package during the Term.
• Check the Equipment regularly and report any bike or battery defects to MOBY within 24 hours and shall not ride the bike or use the battery until the defects are repaired by MOBY.
• Not repair or use any third party to repair any Equipment, only using MOBY’s repair centres which are suggested.
• Only use Equipment provided by MOBY with the bike.
• Not modify the Equipment in any way, including branding.
• Will pay all Fees and Charges when due.
• Only charge batteries when in view of the subscriber and will not leave them unattended.
• Charge batteries in a safe location and do not charge when damaged, dropped or overheated. It is extremely important that these conditions are followed.
• Ensure the bike is stored in a dry location where it is protected from the elements.
• Assume all liability and risk for the bike during the term of this agreement.

• Be the only person to use this bike, and not rent, or allow other people to use this bike or any equipment provided.

5. Fees and Charges 

• A weekly Subscription Fee will be charged to the Subscriber’s credit or debit card. This is charged at the start of the 7-day subscription cycle and is due on this day.
• A one-off Deposit will be charged to the Subscriber’s payment card and will be held by MOBY for the Term. After the Term, the Subscriber shall return the bike and equipment to the store and subject to the bike package being returned undamaged the deposit shall be refunded in full to their payment card. If the bike package isn’t returned undamaged, the necessary charges will be applied to the deposit and any additional charges will be charged to the Subscribers payment card. Any overdue rental fees will also be deducted from the Deposit or charged to the Subscriber's payment card.
• Theft and missing Items. The Subscriber will be charged for these in accordance with the Replacement Value other than where theft coverage applies, as per clause 7 hereto. Theft charges are due from the date it is declared unrecoverable, which is 7 days from the theft and must be paid 7 days from this date. For example, Bike was stolen and reported on 01/12/2024, it was declared unrecoverable on 08/12/2024, then the payments must be started between 08/12/2024 to 15/12/2024.
• The Subscriber will be charged for any non-wear and tear damage during the Term. This is due immediately when the bike is taken for repair.
• The Subscriber will be charged for any damage due to not storing the bike in a protected place where the bike could be affected by the elements. I.e Rusting. This is due immediately on discovery.
• MOBY may amend the Subscription Fee with at least one Term’s notice.
• The Subscriber will be liable for a £25 cleaning fee if the bike is returned to the store in a condition deemed not clean. The bike should be returned in the same condition it was received. In the event this is the case the subscriber will be liable.
• The Subscriber agrees to pay the fees, charges, replacement costs, and penalties at the agreed rates set by MOBY in this agreement and through the damage charge sheet which is attached to this.
• If any fees or charges are not paid, then clause 13 can be initiated where we use a third party debt collection agency to recover the owed payments.
• If we have to recover the bike from you after non-payment or any other reason. A £100 recovery charge will be charged to your account.

6. Title and risk

• At all times MOBY retains ownership of all items included within the bike package. Risk shall pass to the Subscriber on collection of the bike package.

7. Servicing and Maintenance

• MOBY will ensure that the bike is safe to ride when handed over to the Subscriber.
• Included in the subscription is general wear and tear maintenance.  
• Damage as mentioned is charged to the Subscriber directly at the service locations.
• Wear and tear is deemed as general wear and tear, if the vehicle is mistreated then the rider is charged with damage. See the full breakdown of wear and tear vs damage attached to the onboarding message.
• MOBY Reserves the right to update the wear and tear vs damage sheet at any time, it will not take effect until 7 days from when it is updated.

8. Theft Procedure / Locking Policy

• All bikes are GPS-tracked, if we recover a bike after it is stolen you will not pay any replacement fees. If we do not recover the bike, then you will need to pay the replacement fees, which are subject to your cover level or following the locking procedure. If we do not recover the bike within 7 days, then this is classed as un-recoverable and is lost.
• There are two levels of theft protection available at MOBY Bikes London. Included in the standard subscription is the base level of theft protection, you can also add on the premium level of protection.
• In order for any protection to be valid, you must first adhere to the theft policy instructions and the locking policy. If you do not follow these, then the theft protection is void and you are liable for the full replacement fees as noted below.

Locking policy:

• Bikes must be locked correctly using the chain lock and rear lock, to an immovable object when delivering throughout the city. Keys must be removed from the lock. If you do not have the keys the locking procedure is void.
• You should never keep your battery in the bike overnight in the street as this will be stolen. Any batteries kept in bikes for prolonged periods that are stolen will not be covered under any theft replacement.
• When storing your bike overnight, it must either be stored in a secure location or never locked to a location for more than 24 hours if it is left in a public or outside space. If the bike is left in a public or outside space for more than 24 hours and it is stolen, the insurance will be void. It must be secured to an immovable object using the locks provided if kept outside. If you do not have the keys the locking procedure is void.

Theft Policy:

• If a theft occurs you must follow these to ensure you meet the theft policy instructions. Here. All of these must be completed within 24 hours of a theft, if they’re not then all theft cover you may have will not be valid on the replacement fees in the event the bike is stolen.

1. Call the theft response team on: 0800 8611 959 We will then have our team attempt to recover the bike.
   
2. Report the theft to the police within 24 hours of the theft. You will then receive a police reference number
   
3. Message us on live support reporting the theft and then complete the form along with submitting all of your details.
   
4. If the bike is recovered you will not pay any replacement fee and you will get the bike back.
   
5. If the bike is not recovered and the theft policy instructions are followed, you will pay the replacement fees mentioned in either Standard or premium based on the subscription you pay for.
   
6. If the bike is not recovered and the theft policy instructions were not followed, you will pay the replacement fees “no cover”.

• All owed money can be paid via a payment plan of instalments spread over 3 months so you do not need to pay it all in one go. You can get a replacement bike if they’re available too and if all the locking rules were followed.

Replacement Fees:

1. No Cover

Rad Mission Ebike: £1100

Rad Mission Battery: £500

Rad Mission Ebike without battery: £600

If submitted within 24 hours with the police report

2. Standard

Rad Mission Ebike: £800

Rad Mission Battery: £350

Rad Mission Ebike without battery: £450

3. Premium £10 per week

Rad Mission Ebike: £300

Rad Mission Battery: £100

Rad Mission Ebike without battery: £100

• If a payment plan is not agreed upon and the first payment is made 14 days from the date of theft, then the whole debt will be passed to a third-party debt recovery company, to recover these payments on our behalf.

9. Termination

• Termination by MOBY:

• MOBY shall have the right to Terminate this Agreement immediately if the Subscriber is not observing any its obligations as outlined under clause 3 or with one Term’s notice for any reason whatsoever.

• Termination by Subscriber:

• The Subscriber may terminate the Agreement with one Term’s notice for any reason whatsoever.

10. Governing law and jurisdiction

• This Agreement and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with it shall be governed by and construed in accordance with English law.
• The courts of England shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of this Agreement.

11. Privacy:

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

12. Updates:

• Moby holds the right to update this agreement at any time, which the terms will come into effect one week after the notification. The notification will be sent to the email provided by the subscriber on signing up.

13. Debt Recovery and Use of Third-Party Collection Agencies

1. Payment Obligations
   The Subscriber agrees to pay all rental fees, damage charges, and any applicable costs related to lost, stolen, or unreturned equipment in accordance with the payment terms specified in this agreement.
2. Failure to Pay
   If the Subscriber fails to make payment for any outstanding rental fees, damage charges, or the cost of lost, stolen, or unreturned equipment within the payment period specified in this agreement, the Company reserves the right to take further action to recover the debt.
3. Use of Third-Party Debt Collection Services
   The Subscriber expressly acknowledges and agrees that, in the event of non-payment, the Company may engage the services of a third-party debt collection agency to recover any outstanding balances owed. The Subscriber agrees to bear responsibility for any additional fees, charges, or costs incurred as a result of this collection process, as permitted by applicable laws.
4. Notification and Compliance
   The Company will provide the Subscriber with notice of any outstanding balance before referring the matter to a third-party collection agency. The Subscriber agrees to cooperate in resolving any outstanding debts prior to escalation.
5. Credit Reporting
   The Subscriber understands that, where permitted by law, non-payment of debts may be reported to credit reporting agencies, which could impact the Subscriber's credit rating.
6. Governing Law and Dispute Resolution
   This clause and any related recovery actions shall be governed by the applicable laws of the United Kingdom. Any disputes related to this section shall be subject to the dispute resolution procedures outlined in this agreement.
7. The Subscriber understands that there will be additional charges applied to the debts owed as a result of using the debt collection services, of which the the Subscriber will be liable to pay for.

14. Data Sharing and Disclosure to Service Partners

1. Use of Subscriber Data
   The Subscriber acknowledges and agrees that the Company may collect, store, and process personal information provided by the Subscriber, including but not limited to contact details, payment history, and usage information, for the purposes of managing the Subscriber’s account and ensuring the performance of this agreement.
2. Disclosure to Service Partners
   The Subscriber expressly agrees that the Company may share relevant Subscriber data with authorized third-party service partners when necessary to fulfill specific operational, legal, and business functions. These functions may include, but are not limited to:

• Theft Recovery Services: Sharing information to assist in the recovery of lost, stolen, or unreturned equipment.
• Debt Collection Services: Providing data to debt collection agencies to recover outstanding fees, charges, or debts owed by the Subscriber.
• Tracking and Asset Monitoring: Sharing data with tracking service providers to locate and secure the Company’s equipment or assets.

3. Data Privacy and Compliance
   The Company will ensure that any third-party service partners handling Subscriber data adhere to applicable data protection and privacy laws, including GDPR. The Company will only share data necessary for the specific purpose for which the service partner has been engaged.
4. Subscriber Rights and Access
   The Subscriber retains the right to request access to, correction of, or deletion of personal data in accordance with applicable data protection laws. Requests for access, correction, or deletion can be made by contacting the Company at London@mobymove.com.
5. Governing Law and Dispute Resolution
   This clause and any actions relating to the collection, use, and sharing of Subscriber data shall be governed by the applicable laws of the United Kingdom. Any disputes related to this clause shall be subject to the dispute resolution procedures outlined in this agreement.

15. GPS Tracking and Location Monitoring

1. Use of GPS Tracking Technology
   The Subscriber acknowledges and agrees that the Company’s equipment, including but not limited to rental bikes, is equipped with GPS tracking technology. This technology enables the Company to track, monitor, and record the location, movement, and usage of the equipment at all times.
2. Purpose of GPS Tracking
   The Company uses GPS tracking for the following purposes:

• Theft Prevention and Recovery: To locate and recover stolen, lost, or unreturned equipment.
• Asset Protection: To monitor the status, location, and movement of the Company’s property.
• Operational Efficiency: To optimize fleet management, usage analytics, and service improvements.

3. Data Collection and Usage
   Data collected through GPS tracking may include, but is not limited to, real-time location, travel history, and usage patterns. This data is collected, processed, and stored in compliance with applicable data protection laws, including GDPR. The Company will not use GPS data for any purpose other than those specified in this agreement.
4. Disclosure of GPS Data
   The Subscriber agrees that the Company may share GPS location data with third-party service partners as necessary for the purposes outlined in this agreement, including theft recovery services, tracking service providers, and law enforcement agencies where required by law.
5. Subscriber Responsibilities and Prohibited Actions
   The Subscriber agrees not to interfere with, disable, or tamper with the GPS tracking technology installed on the equipment. Any attempt to remove, block, or disable GPS tracking may result in additional fees, penalties, or legal action.
6. Data Privacy and Protection
   The Company will ensure that GPS data is managed in accordance with applicable data protection and privacy laws. The Subscriber may request access to, correction of, or deletion of personal data, where applicable, by contacting the Company at London@mobymove.com.
7. Governing Law and Dispute Resolution
   This clause and any issues relating to the use of GPS tracking technology shall be governed by the applicable laws of the United Kingdom. Any disputes related to this clause shall be subject to the dispute resolution procedures outlined in this agreement.

16. Charge Sheet

Acknowledgement and Agreement
By signing below, I, the undersigned, acknowledge that I have read, understood, and agree to all terms and conditions outlined in this agreement. I accept full responsibility for adhering to the rules, regulations, and liabilities of renting and operating the e-bike and equipment. I confirm that I am at least 18 years of age (or have the required consent if younger) and am legally capable of entering into this agreement.

Rider Information

• Rider Full Name: _________________________________________

• Rider Signature: ________________________________________________

• Agreement Date: ____________________________________________________