The following information forms the terms and conditions that Riders must accept on the Zwings app prior to being able to register an account and therefore rent a vehicle.
The following general terms and conditions are valid for the use of rental bikes/e-scooters offered by Blue Zoom Transport Solutions Ltd (trading as Zwings). Paragraphs §1 – §9 of our terms and conditions determine the rights and obligations for the use and rental of bikes/e-scooters. Paragraphs §10 – §20 regulate the business relationship between Zwings as operator of the rental system and its customers.
E-bikes - for the purposes of this agreement, will also be referred to: as an electrically assisted pedal cycle (or EAPC). The bike has pedals that propel it when the user pedals; the electric motor does not propel the user assist when travelling more than 25 km/h (15.5mph); the overall power of the e-scooter does not exceed 250 watts.
§1 Jurisdiction and subject of the Terms and Conditions (GTCs)
- Zwings (“provider”) rents bicycles and e-scooters to registered customers also referred to as (“riders”) in different cities (“operation area”) as far as the products and services are available. Please note that the contract for the management of the entire fleet of vehicles is held between Zwings and the corporate client. This GTC document is the contract between Zwings and the individual customers (riders). The riders are often associated employees, residents, customers or visitors of the corporate client. These GTCs regulate the relationship between Zwings and the respective customer in terms of the registration (framework contract) and the conditions for the conclusion of rental contracts. Sections 1 to 9 regulate the rights and obligations in terms of the rental and usage of bicycles/e-scooters. Sections 10 to 20 regulate the contractual relationship between Zwings and the customer.
- These general terms and conditions apply to the usage of all fleet operations installed by Zwings in Europe, Asia and North America.
- Rentals and returns are possible either by telephone, via smartphone app, customer card, at a rental terminal if available, or in person directly at a cooperating partner’s location.
- Individual agreements made orally between parties before or during the contractual period, deviating from these GTCs must be approved and confirmed in writing by Zwings.
- The contracts are entered into and finalised in the English language.
§2 Registration and confirmation
- Application for registration ("application") is possible either via the smartphone app, online, at a rental terminal (if available), or in person directly at a cooperating partner's location. In order to become a registered customer, the applicant must be 18 years of age at the time when the application is approved.
- Following receipt of all relevant personal data, the provider decides whether or not to accept and approve the framework contract with the applicant
- Approval of the application shall result in the issuing of an activation notice. This notification may occur orally, in written form, telephonically, via email, SMS or at a rental terminal.
- Following registration of details and accepting the terms and conditions, a framework contract between Zwings and the customer is entered into and the customer gains access to a customer account. After the creation of the framework contract the customer may (depending on the specific bike or scooter system) rent Zwings bikes/e-scooters throughout the world.. However, entering into the framework contract does not amount to the conclusion of an individual rental agreement between Zwings and the customer.
- Registration is free of charge for applicants via smartphone, internet, rental terminal or in person at cooperating partners. For rentals subject to fees, a valid means of payment must be provided prior to the time of rental. Depending on the choice of rates agreed with the local authority, the provider is authorised to charge rental fees.
7) The customer is obliged to inform Zwings immediately of any changes to their personal information which occur during the business relationship. This includes payment information, personal data and equalities data. The latter been requested by the DfT for operators to collect as part of the e-scooter trials.
§3 Duration of Rental
- The chargeable rental period of a bike/ e-scooter begins when Zwings when the lock is opened by the customer.
- The customer is obliged to inform the provider or check if automatic return was successful at the end of the rental period in accordance with §7. Upon provision of this information, the chargeable rental of the bike/scooter as well as the rental period to be invoiced will be over. The official end of the rental period shall be marked with the receipt of information by the customer from the Zwings mobile app. Customer service must be informed about any problems via the support ticket or service hotline immediately. Notification at a later stage may result in any associated recourse claims being rendered invalid.
§4 Rental Limitations
Unless otherwise stated in writing by Zwings, each customer may rent up to four (4) bikes/ e-scooters on one customer account at any given time. Any membership rate on the account will only be valid for one (1) e-scooter bike at a time. Other rentals made at the same time shall be charged at the pay as you go rate (exceptions if applicable to this will be mentioned on the websites of the respective operation areas). Individual arrangements are subject to the availability of rental bikes/e-scooters and are possible upon written approval by Zwings.
§5 Terms and Conditions of Use
- The rental bikes/ e-scooters may NOT be used:
- by persons who are younger than 16 years
- persons without a provisional drivers license
- to transport illegal, flammable, explosive, toxic or dangerous materials or substances,
- to carry other persons, in particular young children,
- to not travel outside of the designated geo fenced perimeters without the written consent from Zwings,
- for hiring to third parties,
- if you are not willing to agree to the terms and conditions of Zego's motor vehicle insurance policy.
- to participate in bicycle/ scooter races or bicycle/ scooter test events without the prior, written consent of Zwings.
- by individuals under the influence of alcohol or drugs (zero legal (alcohol) limit),
If the bikes/e-scooters are used in unfavourable weather conditions, (e.g. strong wind, rainy weather, stormy weather) or any weather conditions that are unfavourable to bike/scooter usage, the user may experience these weather conditions to a greater extent in relation to a normal bike/scooter due to the advertising panels used on the vehicles. The use of bikes/e-scooters during any adverse weather conditions is at the user’s own risk and Zwings advises the user NOT to use the bike/e-scooter in such conditions.
- Zwingss may not be placed in any form of public/private transport,
- The customer is obliged to obey all road and traffic laws and regulations.
- Freehand (“no-hands”) operation of the bike/e-scooter is not allowed at any time.
- It is forbidden to use the bicycle/e-scooter basket in an improper manner or overload it (maximum allowable load: 5 kg). The customer is obliged to ensure that all transported goods and items are properly fastened and secured at all times.
- Unauthorized modifications or alterations to the rental bike/e-scooter are not allowed.
- Following the successful return of the rental bike/e-scooter, if the customer wishes to reuse the returned bike/e-scooter they shall be required to initiate a new rental process.
- The customer is not allowed to change the provided lock code or to provide it to third parties. In cases where it is found that tampering of the lock has taken place a fee shall be applied to the customer in question’s account.
- If a customer provides a bike/e-scooter to a third party to use it, they must guarantee that the third party agrees to these GTCs. The customer is responsible for the actions of any third parties they allow to use the bike/e-scooter to the same extent as for their own actions. When lending the bike/e-scooter to a third party, the party must be older than 18 years.
§6 Condition of Rental Bikes/ e-scooters
- The customer is responsible for making themselves familiar with the condition and the appropriate use of the rental bike/e-scooter before rental.
- The customer is obliged to check before use that the bike/e-scooter is in a roadworthy and safe condition, as much as is reasonably possible. Should the customer find technical defects or deficiencies at the beginning of, or at any point during the rental period, they must notify customer service, end the rental and stop using the bike/e-scooter immediately. If there is a technical defect or deficiency after rental but before the customer uses the bike/e-scooter, the rental will be cancelled by the provider once notified by the customer.
- Defects such as tire damage, rim defects or gear shift failures must also be reported immediately. If the bike/e-scooter is found without its lock, the customer is obliged to contact customer service.
§7 Return of the Rental Bikes/e-scooters
- E-scooters must be parked in the designated parking bay or docking station (if available) in order to end the ride via the Zwings app.
- bicycle/e-scooter MUST be securely locked either on the client’s property or at the rider’s home when not in use. If the vehicle is parked temporarily outside of these two locations, for example, during a trip through the local town, the vehicle can not be left unattended for more than 3 hours. In any instance the vehicle must be fully locked in a bike storage area whenever available and using all available locks with the vehicle. For the duration of the rental period, even when the rider has pressed ‘PAUSE RIDE’ on the smartphone app they have full responsibility for the vehicle to minimise risk of theft and damage. The customer is obliged to follow road traffic regulations when returning or parking the bike/e-scooter. Furthermore, they must ensure that the bike/e-scooter does not hinder road safety, that other vehicles and/or traffic are not obstructed and that no damage is done to third parties or their property. The kickstand is to be used every time the bicycle/e-scooter is parked/returned and the bike/e-scooter is to be placed in the provided bike racks at the rental station when available/applicable.
In particular, customers are NOT allowed to return or park bikes/e-scooters:
- at traffic lights
- at parking ticket machines or parking meters
- at traffic signs
- on walkways which are thereby reduced to a width of less than 1.50 meters
- in front of, in or near emergency exits and fire department service zones
- where the bike/e-scooter blocks local advertisements
- to lock the bike/e-scooter at fences of private or public buildings
- on train and or bus platforms
- on public bike racks
- in buildings, backyards/courtyards or within any type of vehicles at any time
- on guiding paths for the blind
- at or in front of post boxes
- in front of doors or gates or in their swivel range
- in or in front of driveways
- To clarify, the rental bike/e-scooter must be locked properly when not in use, even if the customer leaves the bike/e-scooter unattended for a short time. More information about how to lock a vehicle can be found on our website: .
- The client shall not be allowed to park/return the bikes/e-scooters in parks/green spaces or on private property not belonging to Zwings’s client.
- The customer shall be responsible for payment of any official fines and/or claims on the part of any third parties incurred as a result of non-compliance with these regulations or legal regulations.
§8 Provisions Relating to e-scooters (If applicable)
- e-scooters and e-bikes require periodic battery charging in order to function. The customer agrees to use the e-scooters safely and comply with all restrictions and requirements associated with e-scooters as required by any laws and or regulations. The customer further agrees and acknowledges the following:
- all Zwings e-scooters are limited to 25km/h,
- the level of charge remaining in the battery of the e-scooter will decrease with usage (in regards to time and distance). As the level of power decreases, the speed and other operational capabilities of the e-scooter may decrease,
- the level of charge of the e-scooter at the time of the customers rental is not guaranteed and may vary with each rental,
- rate of loss of charging power during usage of the e-scooter is not guaranteed and shall vary based on a number of factors (e.g. geographic terrain, weather conditions and other factors),
- it is the customer’s responsibility to check the level of charge power of the e-scooter and make certain that it is adequate before initiating rental/usage of the e-scooter.
§9 Returning of Rental Bikes/e-scooters
- The return of rental bikes/e-scooters outside the defined area of usage is stricly not permitted. In general, this area is defined as green perimeter that is visible via the Zwings mobile app surrounding the town, city or campus the rider is in. However, users are reminded that they are not allowed to put bikes/e-scooters on trains or other forms of transportation.
- Any bikes/e-scooters returned to any other place (improper return) shall be subject up to a £10 fine plus £1 for every mile away from a station.
- The continuous improper return of the bike/e-scooter shall lead to an increase penalty based on the continuous uninterrupted incidents of improper return:
-first incident £5,
-second incident £10,
-third incident £20.
- After the 3rd incident of improper return by the customer, Zwings reserves the right to suspend and or shut down the user account.
- The bike/e-scooter must be returned to a safe location on Zwings’s clients’ property so that it can be seen by the service team. The customer is obliged to inform the provider that the rental period is being ended as well as of the exact location of the return (station number or GPS coordinates). This may be done via telephone or by using the smartphone app, the rental terminal or the bike computer. Where the bike is returned automatically/manually by locking it, the customer must check within the app if the return was successful.
- The customer is obliged to inform Zwings about the return by phone, terminal or bike computer and to confirm the exact location of the bike/e-scooter (station name / number or GPS coordinates and or any information that will assist in the successful return of the rental bike/e-scooter). Where the bike is returned automatically by locking it, the customer must check within the app if the return was successful.
- The customer must be able to provide this information to Zwings upon request for a period of 48 hours following the rental period.
- Should the customer, due to their own fault, not return the bike/e-scooter at a defined area as described in paragraph 1 to 3, provide false information or forget to return the bicycle/e-scooter entirely, Zwings will charge them a service fee (contractual penalty) in accordance with the current price list which stands at £20 per 24 hours for a mechanical bike and £30 for an e-bike. If our staff member needs to manually go and collect the vehicle from outside of the geo fenced perimeter laid out on the map then there is a £10 fee charged to the customer. If the vehicle is lost and unretrievable due to the customer not locking or returning the vehicle correctly then they will be charged a proportion of the full cost of the vehicle. This is £150 for the mechanical bike and £400 for the e-bike and £200 for the e-scooter.
§10 Zwings Liabilities
- Zwings shall be liable to the customer in any case of malicious intent or gross negligence demonstrated by Zwings, as well as by any representatives or agent in accordance with the statutory provisions. Furthermore, Zwings is only liable for the violation of life, bodily health or culpable violation of essential contractual obligations or any other statutory reasons that may be applicable. Should any essential contractual obligations be breached, the claim for damages shall be limited to the foreseeable damage adhering to the contract. Zwings is not liable for damages to objects which have been transported during a rental either through the use of the bike basket or the cellphone holder (if applicable), unless the damage was due to intentional or grossly negligent behavior of Zwings. Other than the aforementioned stipulations, the liability of Zwings is excluded.
- Zwings shall not be liable in cases of improper and/or unauthorized use of the bicycle in accordance with §3 unless the damage was due to intentional or grossly negligent behavior of Zwings or the damage would have occurred independent of the improper/unauthorized use.
§11 Customer (Rider) And Client Liabilities
- Use of services provided by Zwings occurs at the customer’s (rider’s) own risk. The client of whom the vehicle fleet contract is held with can not be held responsible for any liabilities under any circumstances. The customer takes full responsibility for damages caused by themselves. The customer is solely responsible for any liability claims resulting from actions or events occurring during the vehicle rental period or as a result thereof. Claims made by Zwings liability insurer against a customer remain unaffected.
- The customer shall be made liable for all costs and damages incurred by Zwings due to culpable non-compliance with obligations under these terms and conditions.
- The customer accepts liability from the moment they receive the lock code or the bike/ e-scooter automatically unlocks until successful return or the bike/ e-scooter has been rented by another customer. If the customer causes damages due to any negligent behaviour or the e-scooter/ bike is stolen because of such, the customer remains liable according to the costs for material and labour costs or recovery of stolen vehicles to an amount up to but not exceeding £200. This maximum amount does not apply in cases in which the customer has caused the damage intentionally or where the customer is proved to be grossly negligent in their actions or if the customer returns the bike outside of the respective operation area (flex zone or station). In such cases, the amount of liability claims applicable shall be determined by the actual amount and real value of damage incurred.
- The customer is liable for the consequences of traffic offences or criminal offences committed by them during use. They shall bear all resulting costs and indemnify Zwings completely against any claims of third parties.
- If the bicycle/e-scooter is stolen during the rental period, the customer must report the theft immediately to the police and then to Zwings via the customer service phone line and via an email to info@Zwings.co.uk and email@example.com detailing when, where, and how it happened, and whether any third parties were involved.
- Zwings is entitled, in cases of due reason e.g. non-compliance with these GTCs or any other applicable laws or regulations and in particular in cases of misuse, to cancel customer rights and thereby exclude customers from using Zwings services and bicycles.
- Information obtained by the police regarding non-compliance with these GTCs, any applicable laws or regulations, while the customer or any user under their account is using an e-scooter or bike may be disclosed to Zwings. Zwings may use such information to exclude or suspend the customer from using the e-scooters or bikes.
§12 Customer Obligations in Case of Accidents
- Zwings must be informed of accidents immediately via telephone and email at firstname.lastname@example.org. In cases of accidents involving not only the user, but also third-party property or other persons, the customer is also obliged to report the incident to the police immediately. Failure to do so on the part of the customer shall result in the customer being liable for damages incurred by Zwings owing to infringement of said obligation.
- Regarding insurance, neither you nor any user should admit any fault or make any offers or promises etc. to any third party that was involve without speaking to us first. If any third parties are involved, then the user should NOT RIDE AWAY. They should stop if any property has been damaged or if anyone is injured and provide their name and address and insurance details to anyone who needs it. Similarly, they should ask any other third party who is involved for a name, address, and insurance details.
§13 Use of Customer Cards, an e-ticket or Electronic Employee ID Card
- If the customer uses a customer card issued by a Zwings cooperation partner as access medium, they agree, when using the card for the first time, that Zwings may request all customer data necessary for business processes from the cooperation partner.
- When the validity of the customer card of a cooperating partner has expired, the customer account at Zwings shall be deactivated in cases where no means of payment has been recorded. Upon provision of a valid means of payment, the customer shall be allowed again to use the provider’s services.
- If the customer card is lost, the customer is required to block the card by calling customer service. Replacement of the card may not be possible.
§14 Confidentiality of User Information
- The customer is responsible for preventing unauthorized use of the customer’s user data by third parties. This applies, in particular, to their personalised PIN/password.
- Zwings expressly states that Zwings employees are not authorized to and will never request or ask for the customer password.
- The customer may change the personal data anytime and as often as they want.
- Should the customer have reason to believe that their user data has been compromised or misused, they should inform Zwings of this fact immediately.
- The customer may deactivate their customer account by means of written notification sent to Zwings (email@example.com).
§15 Fees, Prices and Calculations
- Special rates (e.g. Annual Membership, Monthly Membership) or gift certificates are valid for one bicycle/e-scooter by inputting them into the promo section on the app or via alternative channels that have been provided. These are also, in general, valid for and may only be used by the person to which they were specifically issued in accordance with the current price list.
- The Annual Membership (if available for the local area) is valid for 12 months following the order. The validity is automatically extended by one year, unless the customer cancels the tariff in writing or by e-mail at most 2 weeks after renewal.
- The Monthly Membership is valid for 1 month following the order. The validity is automatically extended by one month, unless the customer cancels the tariff in writing or by e-mail at most 1 week after renewal.
- Cancellation of special rate agreements does not result in the automatic deactivation of a customer account with Zwings. Should the customer wish to deactivate an account, this may be done online at www.zwings.co.uk or via email to firstname.lastname@example.org
§16 Payment and Delayed Payment
- The customer is obligated to pay the billed amounts by means of credit or debit card. The customer may change their preferred method of payment at any time.
- Should it be impossible to process a payment due to insufficient funds in the customer’s account due to customers fault or for other reasons for which the customer is responsible, Zwings will close the account until the account is updated, unless the customer is able to show that the actual expense incurred was lower. In individual cases and if the customer is not able to show that the expense was lower, the claims made by Zwings may be equal to, but may not exceed the actual expenses incurred.
- If the customer defaults in payment, default interest will be charged at a rate of 6 percentage points over the base interest rate. Reminder fees in accordance with additional administrative effort and expense incurred shall also be charged to the customer.
- If the payment is delayed for at least two months, equal to or greater than 15 GBP, Zwings is authorized to demand the entire claim and to discontinue its service until the customer meets their obligations.
§17 Billing, Rental Lists, Controlling
- Zwings invoices its customers according to the current rate and price list set by the client who originally signed the contract for the fleet of vehicles. Finalized rental processes (including costs and time periods) may be viewed by the customer in the app. This listing of all completed rental processes does not include items which are extraordinary and cannot be included by the automated system (such as fees due to contractual non-compliance and/or service fees).
- Debiting of the customer’s account occurs automatically. Zwings reserves the right, however, to demand payment by customers either by telephone or in written form.
- Objections to debited charges must be submitted in writing to Zwings within 30 days of receipt of the invoice. Customer rights following expiry of the objection period, also in cases of rightful claims, remain unaffected. Any refunds due will be credited to the customer’s account and applied to the next due payment unless otherwise dictated by the customer.
§18 Termination and Deletion of Customer Information
- Both contractual partners may terminate the framework contract at any time with a notice period of two weeks. The right to extraordinary termination is not affected by this provision. The customer may deactivate their customer account via email to info@Zwings.co.uk.
- Special rates (e.g. Annual Membership) are linked to specific contractual periods. Conditions for termination of special rates are specified in §15 para. 3. Upon termination of a special rate, the customer card should be returned to Zwings at Zwings Transport Solutions, 160 Old Street,, London, UK, EC1V9BW
- Once the customer account has been closed, the customers personal data may be retained for purposes as required to meet legal/regulatory requirements or any financial requirements/obligations that are due by the customer to Zwings (this may include but shall not be limited to the payment of any outstanding amount on a user’s accounts).
- The deactivation of an account shall mean that an account is closed. If a customer wishes to reuse this account, they will be required to go through the registration process again.
- An account shall only be deactivated by Zwings once all debts have been paid and no obligation to Zwings exists from the customer.
- Zwings UK collects, stores and uses customers’ personal data where it is necessary to fulfill: 1) its contractual obligations, 2) the realization of the contract between the customer and Zwings or 3) to fulfill any other legal duty. Zwings is obligated to use that data only in compliance with the provisions set forth in the General Data Protection Regulation and the Data Protection Act of 1998.
- Zwings UK shall be entitled to disclose information about the customer to investigating authorities and to the necessary extent, in particular the customer’s address, should proceedings be initiated against the customer for a civil or criminal offence.
- For the purpose of payment, the customer’s payment data will be transferred to our payment-partners for verification and accounting of the rental fees. Following the registration process, this data is no longer visible to employees of Zwings UK.
§20 Further Provisions
- These GTCs and customers’ use of Zwings’s services are governed by and construed in accordance with the laws of England, Wales, Scotland and Northern Ireland.
- Verbal auxiliary agreements do not exist.
- Legal ineffectiveness of any part of these GTCs does not affect the validity of the remainder of the document.
- Should a provision of these GTCs be or become ineffective or unfeasible, the validity of the remainder of the document and its provisions shall remain unaffected. A regular and valid provision which has the aim and purpose of the law with similar context shall be adopted in place of the invalid provision
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