1. Lending Period
The Lending Period, as referred to in this agreement, is for the period during which the Borrower will have full use of a Bike (folding bike, e-bike or cargo bike).
- There will be no monthly charge to participate in the Bike Library.
- Throughout the Lending Period you will have exclusive use of your chosen Bike.
2. Servicing & Maintenance
The Bike Library includes ongoing servicing and maintenance of the Bike for the duration of the Lending Period.
- Bleeper will provide regular maintenance of the Bike as and when it deems necessary.
- Bleeper reserves the right to check the condition of and make modifications to its Bike. The Borrower is obliged to cooperate with inspections, modifications and checks.
- The Borrower must report any defects, damage, loss or theft of the Bike to Bleeper within24 hours and follow Bleeper’s reasonable instructions, including but not limited to cooperating in a police report (by Bleeper), providing a completed and signed damage claim form signed by all parties involved if the damage was caused by a third party. and providing all necessary information to Bleeper.
- The Borrower may not have a third party repair the Bike unless it has permission from Bleeper.
- Bleeper will assess the cause of the defect or damage and repair the Bike, unless itcannot be reasonably expected to do so. If the Bike cannot be repaired right away, Bleeper will contact the Borrower to plan a replacement.
- Regular maintenance of the Bike is at the expense of Bleeper unless Bleeper believes the defect or damage is due to use by or on behalf of the Borrower. In this case, the Borrower will be liable for the first €200 of any costs of maintenance, replacement or repair.
- Servicing will be provided for Bikes at the Borrower’s school on a regular basis. You will be expected to bring your Bike for routine servicing at least once every two months. There will be no additional charge for this routine maintenance.
- In cases of improper use of the Bike by the Borrower, Bleeper is entitled to take measures, including the immediate collection of the Bike, without releasing the Borrower from their obligations. The term improper use includes use of the Bike in violation of the se general terms & conditions and use contrary to the normal use of a Bike, including underthe influence of narcotics such as alcohol and/or drugs, cases of traffic violations, negligence or lack of normal care or maintenance.
3. Damage, theft and liability
- The use of the Bike is at the Borrower’s own risk.
- “Security Deposit” The Borrower must pay a Security Deposit in order to receive their bike. Bikes shall not bedelivered until the Security Deposit has been paid in full. The Security Deposit will be returned to the Borrower after they have returned their Bike, keys, charger, locks and any other accessories, in good condition, at the agreed end date. Bleeper reserves the right to retain the Security Deposit if there is any damage to the bike or accessories, or if the Borrower fails to return any item.
- Bleeper will inspect the Bike for damage (including theft or loss of the Bike and/or partsthereof) when it is returned. If the Bike is damaged, the damage is presumed to have beencaused by the Borrower.
In the case of damage to any bike, the Borrower must pay the first €200, or part thereof, of any repair costs. The Security Deposit cannot be used in lieu of repair costs.
- Theft or Loss:
In the event of the loss or theft of the Bicycle and/or the battery, the Borrower will beobliged to report this to Bleeper within 24 hours, to hand over to Bleeper the key to the Bicycle, and to report this loss or theft to An Garda Síochána, together with an employee of Bleeper. In that event, the Borrower will forfeit their Security Deposit.
If the Borrower fails to adhere to each of the “Security Requirements” outlined below, they will be liable to pay up to 50% of the cost of the stolen or lost bike and/or battery. Security Requirements governing appropriate locking and securing of bike include the following:
- Bike must be secured properly (bike frame secured) with the locks provided by Bleeper.
- Bike must be locked to an appropriate cycle stand.
- Bike must not be left overnight (specifically 22:00-07:00) in a public or unsecured location, even if it is locked.
- Borrower must report any loss or theft to Bleeper within 24 hours.
- Keys must be returned to Bleeper after any reported theft.
- Borrower must make a report/statement to An Garda Síochána.
- Battery Theft The Borrower is requested to remove the Battery from the Bike whenever the Bike is left in a publicly-accessible location.
- A lock and battery charger will be provided from Bleeper as part of the contract and will remain the property of Bleeper for the duration of the contract. The lock and charger must be returned to Bleeper upon termination of the contract.
- Unsustainable Theft/Loss Levels In the event that 20% of the Bicycles and/or batteries from a participating school are lost or stolen, this will trigger the end of the Bike Library at that school and all Borrowers will be required to return their Bicycles.
4. Borrower Obligations
- You are responsible for the Bike borrowed and must make every effort to avoid damage to the Bike or its destruction or theft by using the lock provided when the Bike is unattended.
- The Bike may only be used in accordance with its nature and purpose. The Borrower will treat the Bike and any parts thereof (including the keys) with care. The Bike cannot be used on terrain for which they are not intended. Batteries should be charged in the correct way in a safe place to prevent overheating/fire hazard.
- The Borrower is not allowed to sublet, loan, rent out, sell or encumber the Bike.
- The Borrower must return the Bike and accessories in the same condition as they received them. Borrowers are not allowed to modify the Bike themselves, and that includes adding bike racks or child seats.
- The Borrower should not continue to ride the Bike if it has a defect. If the Borrower identifies a possible defect, they must contact Bleeper immediately.
- The Borrower must always secure the Bike against theft by (correctly and properly) using the locks provided by Bleeper.
- The Borrower must always secure the Bike against theft by storing the Bike in a secure, off-street location when it is not in use, especially at night.
5. Road Traffic Laws
The Borrower must abide by Irish road traffic legislation at all times.
- The Bike is considered a pedal cycle under Irish Road Traffic Law, and so the Borrower must abide by all regulations that relate to pedal cycle use.
- The Borrower must ensure that they take no action which impedes, obstructs or endangers other road users. Particular consideration should be taken for pedestrians, with the use of the Bike prohibited on footpaths and in pedestrian zones.
- The Borrower is solely liable for any fixed charge penalty or fine incurred while using the Bike.
6. Ongoing Compliance
- Failure to comply with the terms and conditions of the contract will result in a formal warning.
- Failure to conform with the initial formal warning will result in termination of the contract.
7. Borrower Participation in Reviews and Questionnaires
Borrowers are required to participate in periodic reviews of the Bike Library.
- A follow-up review will take place shortly after the Loan End Date to review the performance of the Bike Library and analyse the Borrower’s experience.
- Borrower participation in the final Bike Library review (A short questionnaire) is mandatory. The Security Deposit will be withheld until the Borrower has completed the final review.
8. Ownership
Bleeper retains ownership of the Bike and all its accessories. Upon termination of the agreement, the Borrower will return the Bike and its accessories to Bleeper. This obligation cannot be delayed.
9. Completion of Loan
The agreement is concluded on the End Date of the Lending Period unless both parties agree otherwise in writing prior to signing this contract.
In the following cases, Bleeper can terminate the agreement extrajudicially and with immediate effect, without owing any damages and while retaining its rights:
- The Borrower does not comply with this agreement.
- Circumstances arise of such a nature that compliance with the agreement is impossible or that Bleeper cannot be compelled to continue the agreement as is.
10. Termination Clause
By signing this contract, the Borrower has agreed to Borrow a Bike until the Loan End Date.
Early termination of this trial period is subject to the following conditions
- The Borrower must provide 2 weeks’ notice of termination in which time Bleeper will arrange collection of the Bike.
- Collection of the Bike is to be arranged by Bleeper within this 2-week period.