Terms & Conditions
May 2020 Terms and Conditions:
These terms and conditions apply to the renting or hire of electric bikes, electric scooters, electric mopeds and other electric Vehicles by any person or company from Brite Mobility Limited.
- DEFINITIONS AND INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Brite App: means the Brite mobile application which is available for download through the ‘app™’ store.
Company or Brite: means Brite Mobility Limited.
Company’s Premises: means the premises operated by the Company at 15 Eyre Street, Galway.
Contract: means the rental contract between Brite and the Customer which shall be subject to and incorporate these terms and conditions and which shall be entered into for each Rental by the Customer signing the Order Form.
Customer: the person who rents a Vehicle from Brite.
Customer Account: means the online account of the Customer that may be used to rent the Vehicle which can be registered through the Brite App.
Order Form: means the booking form completed by a Customer through the Brite App (for a registered Customer who has a Customer Account) or in person at the Company’s Premises, in either case, prior to the commencement of the Rental Period.
Rental: means the rental of a Vehicle through the Brite App or Site or in person at the Company’s Premises.
Rental Area: means the area in which a Customer may use and operate the rented Vehicle as specified on the Order Form.
Rental Period: means the term of each Rental as specified on the Order Form or Customer Agreement and chosen by the Customer (subject to availability of the Vehicle).
Rental Plan: means a selected amount of time the customer may use the service for, this could be a ‘day plan, ‘week plan’ or ‘monthly plan’. The user in exchange for the plan’s fee would have the use of the service for that period.
Site: means the website owned and operated by Brite called http://www.britemobility.com.
Vehicle: means a bike, electric bike, electric scooter, electric moped and other electric Vehicles and ‘Vehicle’ means any one of them.
1.2 A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and, in the plural, include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2.1 Brite offers Customers rentals of its Vehicles for specified Rental Periods either under a Rental Plan using the Customer’s Account or on a one-off basis by paying for the Rental through the Brite App.
2.2 Customers will be required to sign an Order Form for each Rental and the Contract will be concluded in accordance with condition 3 below.
2.3 The Vehicles will be available for Customers from the Company’s Premises. Vehicles may be available at other approved locations specified by Brite in the App’s maps.
2.4 Other locations for collection and return may be specified in the Order Form issued by Brite from time to time. Such locations will be within the Rental Area.
2.5 Rentals can only be made to persons over the age of 18 years.
- APPLICATION OF TERMS
3.1 Subject to any variation under condition 3.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any other document).
3.2 No terms or conditions endorsed on, delivered with or contained in the Customer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
3.3 These conditions apply to all Rentals and any variation to these conditions and any representations about the Vehicles shall have no effect unless expressly agreed in writing and signed by Colin Barry of Brite. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Brite which is not set out in the Contract. Nothing in this condition shall exclude or limit Brite’s liability for fraudulent misrepresentation.
3.4 No Contract shall come into existence until Brite and the Customer sign the Order Form provided by Brite. The Order Form may be signed electronically by clicking ‘I Accept’ where these conditions are online, and the booking is made on the Brite App. Once the terms and conditions are accepted the Rental Period may commence.
- CUSTOMER ACCOUNT
4.1 Customers may open a Customer Account if booking a Rental through the Brite App.
4.2 By downloading the Brite App a Customer can register a user account. Accurate and up to date details must be provided by the Customer at the time of registering including a current contact telephone number and up to date payment details. Any changes in such registration information must be notified to Brite immediately to ensure that all information is kept up to date.
4.3 As part of the registration process, the Customer will be required to provide an email address and select a username and a password as part of Brite’s security procedures. The Customer may change its password and set a password to protect its messages after logging in. The Customer must treat such information as confidential and must not disclose it to any third party. The Customer is entirely responsible for any failure to maintain the confidentiality of all usernames and passwords issued. The Customer agrees to immediately notify Brite of any unauthorized use of its account or any other breach of security relating to its username and password known to the Customer. Brite has the right to disable any user identification code or password, whether chosen by the Customer or allocated by Brite at any time if the Customer is in breach of this condition.
4.4 Brite may collect, verify and maintain identity information on Customers. Customers may be required to provide / upload government-issued photo identification, such as a picture of both sides of the Customers driving licence, to verify the Customers identity and details. Brite reserves the right to refuse access to the Brite App and access to the use of Brite Vehicles as a result of incorrect or improper identification.
- RENTAL PERIOD
5.1 The Rental Period will commence once Brite has confirmed the Rental in the following manner:
(a) in case of a Bike Rental by opening the physical bicycle lock and disconnecting the locking cable of the respective Bike by scanning the QR code; or
(b) in case of an Electric Scooter Rental by scanning the QR code which will activate the Scooter’s power. The physical lock and locking cable attached to the Electric Scoter will also be disconnected prior to activation of the Scooter.
5.2 The Rental Period will expire when the Vehicle has been returned to Brite in accordance with these conditions or if Brite terminates the Rental for any breach of these conditions or the Contract by the Customer.
5.3 Where the Bike or Scooter is being returned to a location within the Rental Area that is not the Company’s Premises, the Rental Period will expire when the Customer takes a picture of the Bike or Scooter showing that it is in good condition and uploads the picture to the Brite App.
5.4 For the duration of the Rental Period the Customer is responsible for the Vehicle. If there is any damage to the Vehicle during the Rental Period, then this is the Customer’s responsibility subject to the terms and conditions herein.
5.5 Vehicles must always be attended and the appropriate equipment used when a Vehicle is not in use, including but not limited to the Vehicle’s lock and stand.
- AVAILABILITY AND MAINTENANCE OF VEHICLES
6.1 Rentals are subject to availability and Brite cannot guarantee that Vehicles will always be available.
6.2 Brite shall perform daily maintenance and repair of Vehicles. Brite does not warrant that the Vehicles are completely free from defects.
6.3 Where extended rentals occur, over 1 month, the user will be required to bring the device in to Brite Service for ongoing maintenance and checking. For E Bikes, that will be every 6 weeks, for Scooters, every 4 weeks. This ensures the absolute safety of the bike or scooter.
7.1 A GPS device is attached to every Vehicle rented through the app, by Brite for security tracking purposes during short term rentals and to provide the user with information about their trips, distances travelled, and fees applied for each trip.
7.2 Long Term Rentals will have security trackers on the bikes or scooters in case of theft but trip data will not be tracked.
7.3 The Customer confirms and agrees as follows:
(a) he is experienced and familiar with the safe operation of an electric scooter or a bicycle, as the case may be;
(b) he has the physical and mental capacity to operate a Vehicle chosen for rent under these terms;
(c) that he will always wear a helmet;
(d) he is familiar and fully up to date in relation to the rules of the road in so far as they apply to the operation by the Customer of the rented Vehicle;
(e) that he will not use a Vehicle in any pedestrian zone where cycling or riding is prohibited; and
(f) that he will not block footpaths emergency exits or disability entrances ever with the Vehicle.
7.4 Without prejudice to condition 7.2 the Customer further acknowledges and agrees as follows:
(a) that operating a Vehicle poses a risk of accident and that appropriate care must be taken to minimise such risks;
(b) that the operation by the Customer of the Vehicle is within the capacity of the Customer and further training as to its operation is not required;
(c) the Customer is solely responsible for obtaining and using a helmet and/or other protective equipment. Helmets may be acquired through our approved helmet retail partners and in exchange for a refundable cash deposit from the Brite maintenance team or from a Brite helmet locker where available. When the helmet is returned in the same condition the deposit will be refunded to the Customer;
(d) the Customer acknowledges that a charger is required for longer Rental Periods (over several hours). The Customer acknowledges that if a charger is rented from the Company, Brite will require the Customer to pay a deposit if requested, Customers are obliged to return the charger in the same condition as the charger was in at the commencement of the Rental Period. When the charger is returned in the same condition the deposit will be refunded to the Customer;
(e) that the Customer will operate the Vehicle in a careful and competent manner;
(f) that a helmet or other protective equipment (while essential to use) may not eliminate the risk of injury if there is an accident;
(g) that except for damage caused by negligence of Brite, any damage caused to other persons or their property by the Customer during the Rental Period is the responsibility of the Customer;
(h) that no parts of the Vehicle may be removed or modified by the Customer and any mechanical instances such as a flat tyre should be notified immediately to Brite’s customer service and Brite’s instructions followed thereafter;
(i) in the event of an accident or theft in respect of the Vehicle, the Customer shall immediately contact Brite by using the telephone number on the Order Form or in these conditions as well as an Garda Siochana in the local area that the accident occurs. The telephone number of the main Galway Garda Station is 00353 91 538000;
(j) the Customer will return the Vehicles in good working order and in the same condition as the Vehicle was in at the commencement of the Rental Period;
(k) that where the bike or scooter is genuinely stolen and the user has not caused the bike to be lost or stolen, Brite will charge the user a €150 recovery fee only.
(l) that the Customer will not tamper with, attempt to gain unauthorised access to, modify, computer hack, repair, any Brite material or hardware, source-codes, information including the Brite App, Site and Vehicle, for any purposes. The Site and Vehicle may only be used for the purposes pursuant to this agreement;
(m) the Customer acknowledges that the Vehicle is an electric Vehicle and that it must be handled in a safe and careful manner;
(n) the Customer acknowledges that the physical locks for Vehicles must be stowed correctly during a trip so as not to impede the Vehicle in transit;
(o) The customer acknowledges that they are the sole user of their Brite device while under rental.
(p) the Customer acknowledges that the Vehicle requires periodic charging in order to operate. Customers agree that they understand each of the following:
q.1 that the battery level in the Vehicle will decrease with its operation and that operational capabilities and speed may decrease or cease in their entirety as the battery level decreases;
q.2 that Brite does not guarantee any battery level in the Vehicle at the commencement of the Rental Period. The battery level will vary with each Rental;
q.3 that the decrease rate of the battery level may vary for each Vehicle due to but not limited to the following; wind conditions, road conditions, incline/decline on roads and weight of driver;
q.4 that it is the Customers responsibility to check that the Vehicle has the adequate battery before initiating operation of the Vehicle; and
q.5 that where a Vehicle’s battery has depleted during the Rental Period and the Customer wishes to end the Rental Period, the Customer will manually cycle or scoot the Vehicle back to the Company’s Premises and the Company will manually end the Rental Period.
7.5 It is a requirement of each Rental that the Customer does the following:
(a) Inspect the Vehicle in order to ensure that it is in a good operating condition;
(b) Test the bike’s operating components (brakes, tyres, gears, wheels, pedals, lights, frame, basket and saddle) and/or the electric scooter’s operation components (board, a handle bars, a front and rear light, brakes, bell, tyres); and
(c) Promptly notify Brite if it is apparent that the Vehicle has any kind of technical defect or malfunction that could affect its roadworthiness in which case Brite will cancel the Contract free of charge (provided the Customer informs Brite about a defect that may affect a Vehicle´s roadworthiness within the first 10 minutes after rental). A Vehicle will be regarded as free from damages, if no defect is notified within the first 10 minutes after rental.
7.6 The Vehicles may not be used under the following conditions:
(a) In case of the Bikes, if the person who is supposed to ride the Bike is younger than 16 years of age, unless this person is accompanied by an adult; in case of the Electric Scooter, if the person who is supposed to ride the Electric Scooter is younger than 18 years of age, unless this person is accompanied by an adult;
(b) If the person who is supposed to ride the Vehicle has any existing physical or mental condition that would prevent such person from safely operating the Vehicle;
(c) While carrying any item that would impede the driver’s ability to safely operate the Vehicle;
(d) If the person who is supposed to ride the Vehicle is under the influence of alcohol, drugs, or any other substance that may impair the person´s ability to safely operate the Vehicle;
(e) While using any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, listening to music or any other use that distracts the driver from the safe operation of the Vehicle;
(f) If the Bike basket is overfilled with any kind of objects or in case objects are placed into the basket weighing in total more than 10 kilograms;
(g) During adverse weather conditions like hail, snow, ice storms, dust storms, heavy fog, heavy rains, or thunder storms;
(h) If the Vehicle has any obvious technical defect that could affect the Vehicle´s roadworthiness;
(i) For racing, tricks riding, jumping, stunt riding and/or off-road riding;
(j) For carrying any additional passengers on a Vehicle;
(k) For any commercial purposes without prior written agreement from Brite; and
(l) For towing, pulling, carrying, or pushing any person or object with a Vehicle.
8. RETURN OF VEHICLES AND THE EXPIRATION OF THE RENTAL PERIOD
8.1 The Rental Period ends when the Customer returns the Vehicle to the Company’s Premises or a defined drop off location within the Rental Area that is not the Company’s Premises and after the Customer clicks “end trip” on the Brite App.
8.2 For a Vehicle to be deemed correctly returned, such Vehicle must have a photograph taken of the Vehicle locked in place and uploaded to the Brite App in accordance with condition 5.3.
8.3 In addition to the automatic termination of the Rental Period on expiry thereof, Brite is entitled at any stage to terminate the Rental Period if there are health and safety concerns or the Customer has breached any term of these conditions and where capable of remedy failed to so remedy upon being notified by the Company to do so.
8.4 Customers are obliged to return Vehicles in the same condition as the Vehicle was in at the commencement of the Rental Period.
8.5 If a Customer is unable to return a Vehicle under condition 8.1, for example due to low battery on the vehicle, the Customer must notify Brite as soon as possible either through the Brite App or if internet is an issue by telephone. On such occurrence Brite will endeavour to manually end the Rental Period.
8.6 The Customer is responsible for the battery power of his own smartphone to ensure that he can comply with these conditions
8.7 The Customer is obliged to confirm the exact location of the return of a Vehicle under condition 8.2.
8.8 Returns of Vehicles under condition 8.2 must follow normal road and traffic regulations, rules in relation to parking restrictions and not cause any obstruction to persons or vehicles.
8.9 Any breach by the Customer of this condition 8 may result in additional charges by Brite, particularly if the parking of a Vehicle results in a parking fine or charge to the Vehicle.
9.1 Ownership of the Vehicles shall not pass to the Customer. Brite owns the Vehicles and retains ownership thereof.
10.1 Unless otherwise agreed by Brite in writing, the fees for rental of the Vehicles shall be the fees set out in Brite’s fees list available at the Company’s Premises or online on the Site or App.
10.2 Payment of the rental fees shall be made by the Customer once the Rental Period ends via the Brite App. If a Customer has created a subscription through their Customer Account, then fees shall be payable at the commencement of such subscription term.
10.3 Fees may be paid by the establishment of a Customer Account. The Customer may be required to pay a deposit (“Deposit”). Any Deposit paid by the Customer shall be returned to the Customer on the expiration of the Rental PROVIDED HOWEVER that Brite reserves the right to use the Deposit to discharge any Fees outstanding from time to time or to pay for any remediation works in respect of the Vehicles or any fines or charges attached to the Vehicle during or after the Rental Period which is the fault of the Customer. Any balances held may also be used to discharge such items in the foregoing manner.
10.4 No payment shall be deemed to have been received until Brite has received cleared funds. If a payment fails and it is due to a fault of the Customer for example by a credit card being declined and this results in any additional fees or charges being incurred, then these shall be the responsibility of the Customer.
10.5 All payments payable to Brite under the Contract shall become due immediately on its termination despite any other provision. If there is any balance left over on a Customer’s Account on termination, then Brite shall transfer such balance on the instruction of the Customer (subject to condition 10.3).
10.6 If the Customer is unable to return the Vehicle to the designated Brite parking area or station, the Customer may request that the Vehicle be recovered by Brite. Brite at its discretion have the right to charge the Customer a recovery fee of up to €100 for this service. All fees are subject to change by Brite.
10.7 If the Customer abandons the Vehicle without giving notice or sending a request to Brite, the Customer will be responsible for all trip fees that are necessary to recover the Vehicle, plus a service charge of €100 and legal fees. All fees are subject to change by Brite.
10.8 If Customers wants to dispute any charges by Brite to their credit/debit card, they must contact Brite within 2 weeks from the date it was charged to the Customers credit/debit card. If Brite request, Customers must immediately provide all necessary information to Brite, necessary information includes but is not limited to the date of the trip, the approximate starting and ending times of the use of the Vehicle. Approved refunds will be processed within fourteen days.
10.9 Disputes relating to the accidental purchase of a rental plan within the app will not be deemed to be an acceptable basis for a refund. The user may postpone the start date of their rental plan by contacting Brite and requesting same to email@example.com
10.10 Discounts/promotion codes are one-time offers and can only be redeemed via the Brite App. Brite reserves the right to modify or cancel discounts at any time without notice. Discounts/promotion codes are limited to one per Customer Account. Discount/promotion codes may not be used with any other offers and are non-transferable.
11. LIMITATION OF LIABILITY
11.1 The following provisions set out the entire financial liability of Brite (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a) any breach of these conditions; and
(b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 Customers take full responsibility for all incidents, accidents or injuries while operating the Vehicle. The Customer indemnifies Brite free from all losses, injuries, claims or other proceedings arising out of or relating to the Customers use of the Vehicle and any breach of the terms of this agreement.
11.3 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods and Supply of Services Act 1980) are, to the fullest extent permitted by law, excluded from the Contract.
11.4 Nothing in these conditions excludes or limits the liability of Brite:
(a) for death or personal injury caused by Brite’s negligence; or
(b) for any matter which it would be illegal for Brite to exclude or attempt to exclude its liability; or
(c) for fraud or fraudulent misrepresentation.
11.5 Subject to condition 11.3 and condition 11.4:
(a) Brite’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Fees paid by the Customer for the Rental.
12.1 Brite may assign the Contract or any part of it to any person, firm or company.
12.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of Brite.
13. FORCE MAJEURE
Brite reserves the right to defer to cancel the Contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Brite including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
14. DATA PROTECTION
15.1 Each right or remedy of Brite under the Contract is without prejudice to any other right or remedy of Brite whether under the Contract or not.
15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
15.3 Failure or delay by Brite in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
15.4 Any waiver by Brite of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
15.5 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Irish law, and the parties submit to the exclusive jurisdiction of the Irish courts.
16.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent registered post or sent by email:
(a) (in case of communications to Brite) to its registered office or such changed address as shall be notified to the Customer by Brite or to firstname.lastname@example.org; or
(b) (in the case of the communications to the Customer) to the address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to Brite by the Customer or to the email address provided by the Customer on the Order Form.
16.2 Communications shall be deemed to have been received:
(a) if sent by registered post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by email 24 hours after the email has been sent provided there is no message stating that the email was not received by the intended recipient.
16.3 Communications addressed to Brite shall be marked for the attention of Colin Barry Founder and CEO.