Terms & Conditions
Redibike is part of Gibraltar’s programme to improve sustainable transport options in and around Gibraltar. The programme is operated by Gibraltar Parking Management Services Limited (GPMSL, company registration number 114566). GPMSL agrees to let, and the User agrees to take on rental, the bike subject to the terms and conditions set out herein. GPMSL and the User are the only parties to this Agreement, notwithstanding that a reservation for the bike may have been arranged by a third party or that a third party may pay for all or part of the hire, or that the User pays Gibraltar Car Parks Limited (GCP) for its use of the Bikes. The User is the sole lessee and is solely responsible for compliance with all terms and conditions contained herein.
The User agrees to return the bike to GPMSL in the same condition received, ordinary wear and tear excepted.
The User agrees not to use a bike for onward hire or reward, nor use it in violation of any law, ordinance or regulation, nor remove it (without prior written consent of GPMSL) from Gibraltar. The User hereby warrants and undertakes to GPMSL that he will not operate the bike or permit the bike to be operated whilst unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation. The User hereby warrants and undertakes to GPMSL that he will further protect the interests of the bike by ensuring the bike is always locked when unattended.
If the User commits any breach of these terms and conditions GPMSL may treat the Agreement as terminated and may seize, without legal process, or notice to the User, the bike at any time or place and the User waives all claims for damages connected with such seizure. The User expressly agrees to pay GPMSL on demand all fines and court costs including administrative fees for parking, bus lane, traffic or other legal violations assessed against the bike, the User or GPMSL during the hire. The User expressly agrees to pay GPMSL on demand a reasonable administrative handling fee for processing any fine or legal violation against the bike, the User or GPMSL during the hire except where caused by GPMSL’s default. The User expressly agrees to pay GPMSL on demand GPMSL’s costs, including reasonable legal fees, where permitted by law, incurred collecting payments due from the User hereunder. The User expressly agrees to pay GPMSL on demand the fair market value of repairing damage howsoever caused to the actual bike supplied (up to a maximum of £650). The User agrees to defend, indemnify and hold GPMSL harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses (except where caused by GPMSL’s negligence or default) incurred by GPMSL in any manner from this rental transaction Use of the GPMSL system is open to all persons over the age of 16. Persons over the age of 16 but under the age of 18 must have the written permission of a parent or guardian to register to use the system and the written permission of the nominated payer to make payment to GCP for the hire of the bike. (written permission to be sent to Gibraltar Parking Management Services Limited, Suite 4, 10th Floor, International Commercial Centre, 2A Main Street, Gibraltar).
Persons over the age of 16 but under the age of 18 must also provide evidence of proficiency to ride on the road.
When you accept the registration form you are declaring that you are physically fit enough to ride a bicycle and also that you are reasonably competent to ride on the road.
Once the hire has commenced, the User has full responsibility over the bicycle. The User will be liable for all costs in the event of damage to the bike, themselves or third parties or theft whilst the bike is in their care. It is the User's responsibility to ensure that the bicycle is in proper working order BEFORE the hire takes place; this includes brakes, lights, steering, tyres and drive shaft including pedals. If there are any problems with the bicycle then this must be reported immediately to GPMSL where another bike may be allocated.
Any wilful or negligent act of destruction of GPMSL property will result in prosecution to the fullest extent of the law and GPMSL will seek the recovery of all costs and administration charges from the User. The bicycles are for the exclusive use of the User only. All other situations will invalidate the hire conditions and any insurance cover. The handlebar basket is intended to carry light goods only. DO NOT fill with heavy items as this may affect your balance, steering control as well as safety and comfort. DO NOT overfill the basket and ensure the items are secure using the attached bungee cable. Ensure there are no long or sharp edges sticking out of or through the basket as these may become dangerous to other pedestrians and to the rider. If an accident should occur due to the carriage of an over-weight or awkward load, then the User is liable for all costs. If any of the working parts should become defective whilst riding a rented bicycle, the rider must STOP and call GPMSL customer services. They may issue another bike to you at the nearest GPMSL rental station or arrange to pick up the faulty cycle.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS THE LIABILTY OF GPMSL OR GCP FOR DEATH OR PERSONAL INJURY CAUSED BY GPMSL’S OR GCP´S NEGLIGENCE. OTHERWISE GPMSL’S AND GCP´S TOTAL LIABILTIY IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE HIRE SHALL BE LIMITED TO THE AMOUNT RECEIVED BY GCP HEREUNDER. NEITHER GPMSL OR GCPSHALL BE LIABLE TO THE USER FOR ANY PURE ECONOMIC LOSS, LOSS OF PROFIT OR LOSSES OF BUSINESS IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL OR ANY CLAIMS FOR CONSEQUENTIAL COMPENSTION WHATSOEVER AND HOWSOEVER CAUSED WHICH ARISES UNDER THE HIRE. Payment Terms and Conditions You pre-pay for the Services by topping up your account with our app and these monies shall be credited directly to GCP´s bank account. You do this by purchasing credits as set out in the Tariff. Your pre-payments are not repayable by us or GCP nor is interest payable on any credit you have with us. Each time a bike is hired by you (or someone else using your card and PIN number), the credits you have purchased are reduced, by reference to the relevant charges in the tariff. Except in the case of an obvious error, our records determine how much your account is topped up and the rate of use of the Services. The tariff is available from [www.redibike.gi]. Credits purchased for use will expire at the end of the subscription period. Annual subscribers that renew will retain any unused credits from the previous subscription period.
Should the scheme be ceased for any reason by Her Majesty’s Government of Gibraltar, GCP or GPMSL, unused credits shall be refunded. Please note this is only if the scheme is ceased. Under normal running conditions of the scheme this clause is not applicable. If you owe GPMSL or GCP any money and this is not paid when it should have been paid, we may recover this from any credit balance on your account held by GCP or from any debit or credit card details of which you have given GPMSL or GCP. We may charge you interest daily on the unpaid amount at the rate of 6.5% per annum. Suspension and Disconnection We can suspend (i.e. bar) or terminate the provision of the Services (in whole or in part) without telling you (although we will, where possible, inform you that action may be taken): if we are aware or have reason to believe that your card and / or PIN number has been lost or is being used by yourself or another person in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (or has been previously, regardless of whether this is with your consent or not); if we are aware or have reason to believe that your card and/or PIN number has been obtained in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (regardless of whether this is with your consent or not); if you choose not to use the Service for a period of 90 days ('Use of this service' means (i) the removal and return of a bicycle from any rental station (ii) any topping up of your account); if you do not comply with any of the rules relating to the Services; if we are aware or have reason to believe that when you have topped up (or have attempted to top up) your service, you have paid or are purporting to pay, using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back to us. We may reinstate provision of the Service when we have been paid the amount owing to us; if you notify us that your card has been lost or stolen; if you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the bikes or equipment or you become bankrupt or make any arrangement with creditors; for reasons outside of our control.
Where the account is suspended or barred because you have chosen not to use the services for a period of 90 days, the credit left on your account will be lost. Re-crediting your account will be at our discretion. Variations We may make changes to these terms from time to time and/or introduce new terms from time to time if there are changes to the law. By continuing to use the Services you agree to these modifications. If you are not happy with any of these modifications, then you do not have to continue to top up your account. GPMSL and Personal Data Personal data includes: Information provided by you should you choose to register your use of the Service with us. Rental information generated by your use of the service covered by this Agreement or your use of products, services and content accessed via or facilitated by your use of the Services covered by this Agreement, including but not limited to frequency, timing, duration, collection and destination of your rental usage. Your personal data may be used for the following general business-related purposes: Account management such as charging enquiries, and to provide customer care activities (including answering your queries), Processing your applications and orders, and to supply and manage any services or products which we provide, monitor and maintain the quality and security of the bike rental network and the Services, protect us, our assets, including any intellectual property rights and our brand, our employees and customers from activities that might cause loss or damage, comply with any legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings. Analyse for the purposes of understanding our customers' use of our products and Services, individual needs and business trends in order to develop and improve our and our services, new developments, tariffs, special offers, discounts and awards, activities connected with the running of our business such as personnel training, testing and maintenance of our IT systems.
Use of Personal Data for Marketing Purposes: GPMSL and GCP may use your information to send you marketing messages about Redibike, offers and future developments.
Disclosure of your Personal Data: GCP and GPMSL may pass your personal data to certain third parties (including subcontractors) where this is either required by law or necessary in order to carry out the services that GPMSL provide to you or that you have chosen to use. GPMSL and GCP will take all necessary steps to ensure that those third parties treat your personal data in accordance with GPMSL and GCP policies on data protection and security. If you want to contact us about your data protection rights, please email us. GPMSL Refund Policy The definitions in the Terms and Conditions apply in this Refund Policy. In addition to those definitions ‘User’ in this policy means the person using or paying for the use of the Cycle at the time relevant to the policy condition. For avoidance of doubt, the Terms and Conditions take precedent over this Refund Policy if there is any inconsistency. APPLYING FOR A REFUND Before any refund of the Charge is made, GPMSL and GCP must be able to verify that the original payment for the Charge has been received and contained in the GCP account, if there is no record of payment the User must provide evidence of the original payment e.g. a copy of relevant Payment Card statement identifying the deduction of the Charge). Where a refund request is made by the executor of the estate of a User who is deceased and the refund is required to be made payable to any party other than the deceased (or their estate), the applicant should also supply a copy of the death certificate and evidence to demonstrate that the applicant is entitled to receive the refund on behalf of the deceased If a request for refund is not complete i.e. all the information has not been provided, the applicant will be contacted via their preferred method of communication in order to gather all of the information. Where further evidence or information has been requested but has not been provided by the applicant, within 45 days of GPMSL and/or GCP requesting the information, the refund request will be rejected and closed until the applicant reapplies for the refund providing the required evidence or information. Refunds will be made by the means by which the Charge was paid. For example, if the Charge payment was paid by a Payment Card, the refund will be made to the same Payment Card. The only exceptions are as follows: Any Charge that is proven to have been applied in error either by identification through monitoring or reconciliation or evidenced by a User will be refunded and returned by a transaction reversal or re-crediting the relevant Payment Card if the transaction cannot be reversed due to elapsed time. If, as a direct result of GPMSL and/or GCP deducting Charges in error, the User is charged extra fees by their bank, GPMSL and/or GCP will reimburse the User for such extra fees. Any duplicate payment that has been proven either by identification through monitoring or reconciliation or evidenced by a User will be refunded and returned by a transaction reversal or re-crediting the relevant Payment Card if the transaction cannot be reversed due to elapsed time. Appropriate action on a refund request will take place within fourteen (14) days of the request being received. “Appropriate action” is defined as making a decision whether a refund should be due or requesting further information or evidence from the User in order to decide whether a refund is due. Where evidence or further information is required a decision as to whether the refund is due will be made within fourteen (14) days of receipt of the evidence or information. A refund will be issued within one working day of authorisation. The minimum amount that can be refunded is £1.01 (GBP). Any refund requests by a User that fall below this minimum amount will not qualify for a refund. This does not apply to charges taken in error. Circumstances where a refund will not be due Where access to the GPMSL service has been withheld or withdrawn as a result of a User’s failure to comply with the Terms and Conditions or any applicable laws. Where access to the GPMSL service has been suspended or cancelled due to a User attempting to defraud GPMSL and/or GCP. Where the User is unable to obtain a Cycle due to non-availability at their chosen Docking Station(s). Where the User is unable to obtain a Cycle due to intermittent system performance at their chosen Docking station(s) but they are able to utilise their access at another time or location. By minor changes made to the Terms and Conditions. Where a User has not followed directions on the Terminal or given by a representative of GPMSL and/or GCP to resolve an issue with using the GPMSL service. Where a User has incurred Charges as a result of an unauthorised person using their registration details, prior to the time that the User informed the Contact Centre that their registration details were lost or stolen. Where there were factors outside of the User’s control that caused them to incur Charges but the User failed to contact the Contact Centre to declare this. Where a User has failed to supply additional evidence/information in relation to a refund application within 45 days of GPMSL and/or GCP´s request. Circumstances where a refund will be due Where the GPMSL service has been suspended for a period of 24 hours or more due to a failure by GPMSL and/or GCP for a reason within GPMSL and/or GCP´s reasonable control. The refund will be calculated on a pro-rata basis and shall be payable if the total sum of the refund is more than £1.01 (GBP) Where it is reasonably proven that a duplicate payment for any Charge has taken by GPMSL.
Where it is reasonably proven that a Charge was processed from a bank account or Payment Card in error. Where it is reasonably proven that a User has been charged more than they should have been charged, in error.
Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action. Monitoring or recording of your calls or e-mails may take place for our business purposes such as quality control and training, to prevent unauthorised use of our system and to ensure effective systems operation and in order to prevent or detect crime. Cycling safety tips • Stop at red lights. It's safer • Stay away from the gutter. If the road is too narrow for vehicles to pass you safely, it might be safer to ride towards the middle of the lane to prevent dangerous overtaking by other vehicles • Stay away from parked cars. Ideally, keep a door's width away in case the door opens suddenly. Also, try to ride in a straight line past parked cars rather than dodging between them • Stay back from HGVs and buses. Lorries and other large vehicles might not be able to see you clearly, so stay well back behind them • Always pay attention. Stay focused on what's going on around you so you can see what other road users might do • Make eye contact. Try to make eye contact with drivers so you're sure that they have seen you • Don't pavement cycle. Don't cycle on the pavement, in restricted areas or up a one-way street (unless clearly marked for cyclists) • Wear bright clothes. Stay safe by wearing bright clothes during the day and reflective clothing/accessories at night • Night lights. Make sure the lights work after dark. You could be fined if they are not working because it is your responsibility to check • Signal. Use appropriate hand signals to indicate that you're turning left or right • No phones or devices. Don't use a mobile phone or earphones • Helmet. Consider wearing a helmet.
DO NOT pull or push anything with the bicycle as this may lead to steering defects, mal-align the frame or cause undue 'wear and tear' to the tyres. DO NOT use the bicycle for racing, mountain bike riding, stunt or trick riding or for any other purpose other than riding to and from a destination. GPMSL reserves the right to cancel any contract/hire agreement at any time with a customer without prior arrangement or written warning if the customer is in default hereunder.