GENERAL TERMS AND CONDITIONS FOR USE OF
THE MELBOURNE PUBLIC BICYCLE SYSTEM
The Melbourne Public Bicycle System (the “Service”) is comprised of bicycle stations which include:
• an automated pay station (“Pay Station”);
• the bicycles which form part of the Service (“Bicycles”); and
• bicycle docks which contain a locking mechanism and allow the Bicycles allocated to the Service to be securely docked (“Bicycle Docks”).
For information on how to purchase a subscription to the Service (including Subscription Fees and Usage Fees), either follow the Pay Station prompts, go to www.melbournebikeshare.com.au or call 1300 711 590 .
The Service is operated by RACV (the “Provider”, “we” or “us”). Throughout these Terms and Conditions, a reference to “You” means the individual who is subscribing or has subscribed to the Service in accordance with these Terms and Conditions.
By subscribing to the Service, You agree to be bound by these Terms and Conditions for the duration of your subscription:
1. USE OF THE SERVICE
1.1. You can subscribe to the Service by purchasing:
(a) a short-term subscription, which is available from any Pay Station and is valid either weekly or daily (“Short-Term Subscriber”). See clause 3 for specific terms dealing with Short-Term Subscribers; or
(b) an annual subscription, which is valid for 365 days and is available to purchase either online or over the telephone (“Annual Subscriber”). See clause 4 for specific terms dealing with Annual Subscribers.
1.2. The Provider undertakes to use its best endeavours to ensure that a Bicycle is available for use by You at each Bicycle Dock at all times that the Service is available to You.
1.3. To use the Service, You will need either a Visa Card or a Master Card credit card. Subject to clause 4.6(c), all amounts charged in relation to the Service will be charged to the credit card used to purchase a subscription (“Credit Card”).
1.4. You will be deemed to have subscribed to the Service when your Credit Card has been charged for the Subscription Amount under clause 5.2, and if you are a Short-Term Subscriber, the Authorisation has been placed on your Credit Card pursuant to clause 3.1.
1.5. The fees You will pay for the use of the Service are set out at clause 5.
2. YOUR OBLIGATIONS
By subscribing to the Service, You agree to the following Terms and Conditions of use:
2.1. You agree that You will:
(a) wear a bicycle helmet that complies with relevant and current Australian safety standards (presently AS/NZS 2008) and also wear suitable clothing at all times when riding a Bicycle;
(b) comply with all Victorian road laws, rules and regulations in force at the time You are using the Service (including, but not limited to, observing traffic lights and signs and refraining from riding on the footpath);
(c) return the Bicycle at any time upon request by the Provider to a location reasonably requested by the Provider;
(d) appropriately use and care for the Bicycle while it is in your possession; and
(e) properly secure/lock the Bicycle in a location where temporary storage or parking of a bicycle is permitted by the Victorian laws, rules and regulations, when the Bicycle is not being ridden by You.
2.2. You agree that You will not:
(a) use the Service in a way that is contrary to any applicable Victorian road laws, rules and regulations;
(b) use the Service on terrain or in conditions which are likely to damage the Bicycle;
(c) use a Bicycle in a way that endangers either You or any other persons, including transporting a passenger in any way whatsoever;
(d) drink alcohol or take drugs prohibited by law while riding a Bicycle;
(e) tamper with, dismantle or attempt to dismantle a Bicycle;
(f) remove any part of a Bicycle;
(g) exceed the maximum load that can be borne by a Bicycle, being 120 kg for the Bicycle and 8 kg for the basket; or
(h) allow any other person to use the Bicycle.
2.3. Access to the Service is denied to any person aged less than 15 years, but is open to anyone aged over 18 years and persons aged 15 years to 18 years (“Permitted Minors”), provided that the Service is subscribed for by or under the responsibility of their legal guardian.
2.4. The legal guardian of any Permitted Minor who has a subscription to the Service is liable for any damage or other liability caused or incurred directly or indirectly by the Permitted Minor as a result of using the Service.
2.5. You are responsible for the Bicycle from the time You unlock the Bicycle from the Bicycle Dock until its return to a Bicycle Dock. It is important that You thoroughly check that the Bicycle is in a safe and undamaged condition before You remove the Bicycle from the Bicycle Dock. You agree that it is your responsibility to check the Bicycle to ensure that You do not borrow an already damaged Bicycle, as You may be held responsible for any damage found to the Bicycle upon its return to a Bicycle Dock and may be charged a fee for that damage in accordance with clause 5.
2.6. In event of the theft, disappearance, damage, deterioration or destruction of the Bicycle, You must report the facts to the Provider within 24 hours of becoming aware of such a matter and, in the case of theft, You must report the theft of the Bicycle to Victoria Police within 48 hours. If your report is fraudulent or unsubstantiated, You may be charged a fee set out in clause 5.4.
3. SHORT-TERM SUBSCRIBERS
3.1. If You are a Short-Term Subscriber:
(a) You may subscribe for a “Subscription Period” of either:
(i) a daily subscription, commencing upon the event under clause 1.4 and expiring at Midnight that day; or
(ii) a weekly subscription, commencing upon the event under clause 1.4 and expiring at Midnight on the sixth day after that day;
(b) You will not be able to access Bicycles from a Bicycle Dock between Midnight and 6am; and
(c) if you are in possession of a Bicycle between Midnight and 6am, you may return the Bicycle to a Bicycle Dock during these hours.
3.2. If You are a Short-Term Subscriber, a pre-authorisation hold in the amount of $50 (“Authorisation”) will be placed on your Credit Card when You receive an unlocking code from the Pay Station. The Authorisation will mean that if You have $50 available credit on your Credit Card then You will not be able to access that amount until the Authorisation is removed in accordance with clause 3.3. If you do not have $50 available credit on your Credit Card you will not be able to use the Service as a Short-Term Subscriber.
3.3. Subject to clause 5, the Authorisation will be removed from your Credit Card 24 hours after the expiry of the Subscription Period. However, often the banks hold on to the money for 8-10 business days.
3.4. If You are a Short-Term Subscriber, and the Provider determines that You are liable to pay a fee in accordance with clause 5.4, the Provider will:
(a) first, retain the amount of any Authorisation; and then
(b) where the amount of the fee payable to the Provider is greater than the amount of any Authorisation (such as when You fail to return the Bicycle to the Bicycle Dock) the Provider will make a demand on You for the remaining portion of the fee. Any further amount payable to the Provider under this clause 3 will be due and owing on the first request by the Provider; or
(c) where the amount of the fee payable to the Provider is less than the amount of the Authorisation, the Provider will, within 30 days, reimburse any excess amount collected.
4. ANNUAL SUBSCRIBERS
4.1. If You are an Annual Subscriber, the Service is available to You 24 hours a day.
4.2. If You are an Annual Subscriber, an Authorisation will not be placed on your Credit Card. However, if You incur a fee in accordance with clause 5, You agree to the amount of the fee being charged to your Credit Card. If you incur a fee pursuant to clause 5 and you do not have enough available credit on your Credit Card to satisfy such fee, we will deduct the maximum amount of credit available from your Credit Card and you will not be able to use the Service in the future at the discretion of the Provider. Any further amount payable to the Provider under this clause 4.2 will be due and owing on the first request by the Provider.
4.3. Annual Subscribers to the System will receive a Melbourne Bike Share Key in the mail.
4.4. An annual subscription will become valid and operative for 365 days from when You activate your Melbourne Bike Share Key on your personalised web page (available at www.melbournebikeshare.com.au/My Account).
4.5. You must activate your Melbourne Bike Share Key before using the Service for the first time.
4.6. If You have purchased an annual subscription to the Service and have received your Melbourne Bike Share Key (which at all times remains the property of the Provider), You agree that You will:
(a) not lend, rent or assign your Melbourne Bike Share Key, which is the property of the Provider, or use the Melbourne Bike Share Key for any purpose which is contrary to these terms and conditions;
(b) immediately return or destroy your Melbourne Bike Share Key if requested by the Provider;
(c) notify the Provider of any change to your contact, billing or Credit Card details where those changes could, during the valid term of the subscription, affect the proper execution of the authorisation to charge the Credit Card as agreed (and if necessary You authorise the Provider to contact your Credit Card issuer to update the information required to effect the charges); and
(d) use your Melbourne Bike Share Key for the sole purpose of self identification at a Pay Station or to the Provider.
4.7. If You lose your Melbourne Bike Share Key, You may obtain a replacement Melbourne Bike Share Key by contacting the Provider at www.melbournebikeshare.com.au or through calling 1300 711 590. You agree that you must reimburse the Provider for the reasonable costs of replacing the Melbourne Bike Share Key. The replacement fees are published at Pay Stations, at www.melbournebikeshare.com.au and through calling 1300 711 590.
5. FEES PAYABLE
5.1. For the avoidance of doubt, this clause 5 applies to both Annual Subscribers and Short-Term Subscribers.
5.2. You must pay a subscription fee as determined by the Provider (“Subscription Amount”). The subscription fees are published at Pay Stations, at www.melbournebikeshare.com.au and through calling 1300 711 590
5.3. In addition to paying a Subscription Amount, You will be charged for each 30 minutes or part thereof for using the Service (“Usage Fee”). The Usage Fee is published at Pay Stations, at www.melbournebikeshare.com.au and through calling 1300 711 590.
5.4. If You commit any of the following acts, and unless otherwise agreed by the Provider, You will be liable to pay a fee to the Provider in the following amounts:
(a) where You fail to return the Bicycle to a Bicycle Dock within 24 hours from the time you remove the Bicycle from the Bicycle Dock: $500 or
(b) where there is damage to the Bicycle that has been attributed to You in accordance with clause 2.5: a lump sum amount based on the cost of repair of the Bicycle up to a maximum of $500.
5.5 You must return a Bicycle to a Bicycle Dock within 24 hours from the time you remove it from a Bicycle Dock, in order to avoid incurring fees as set out in clause 5.4(a).
6. PRIVACY, CONFIDENTIALITY AND USE OF PERSONAL INFORMATION
6.1. The Provider:
(a) acknowledges the commencement of operation on 21 December 2001, of the National Privacy Principles (“NPP”) contained within the Privacy Amendment (Private Sector) Act 2000 (Cth);
(b) will take all reasonable measures to ensure that any of your personal information is dealt with in conformity with the NPPs and is protected against unauthorised access, unauthorised use, modification or unauthorised disclosure; and
(c) will ensure that any person who has access to any personal information held by it is reasonable aware of the NPPs, and any other obligations referred to in this clause 6.
7. REVIEW AND ASSIGNMENT OF THE TERMS AND CONDITIONS
7.1. You agree to comply with these Terms and Conditions and acknowledge and accept that any breach of these Terms and Conditions may result in the termination of your subscription and your access to the Service. No rights or privileges given to You under these Terms and Conditions may be assigned to anyone in any way whatsoever.
7.2. The Provider may review these Terms and Conditions at any time. The most current version of these Terms and Conditions will be available at Pay Stations and at www.melbournebikeshare.com.au.
7.3. The Provider will notify Annual Subscribers of any changes that are made to the Terms and Conditions.
8. DISPUTE RESOLUTION
These Terms and Conditions and any dispute relating to these Terms and Conditions will be governed for all purposes by the law of the State of Victoria. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction of those courts on any basis.
9. CONTACT INFORMATION FOR THE PROVIDER
9.1. Contact information for RACV:
10. WAIVER, RELEASE AND INDEMNITY
10.1. You acknowledge that there are dangers and risks inherent with Bicycle riding (the “Activity”) to which You may be exposed by subscribing to the Service and participating in the Activity.
10.2. You agree that You are participating in the Activity at your own risk and You voluntarily assume responsibility for any injury, death or property damage You may suffer or cause as a result of your participation in the Activity.
10.3. To the maximum extent possible at law, You agree to release, hold harmless and indemnify the Provider and its respective servants, agents and contractors (the “Indemnified Persons”) against all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by the Indemnified Persons or any one or more of them by reason of or in respect of or in any manner whatsoever arising out of or caused by your use of the Service or participation in the Activity.
10.4. You agree that You are using the Service on the express condition that the Provider:
(a) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to You or any of your servants, agents, contractors, visitors or invitees or any other person whatsoever (“Related Party”) which may happen as a result of your use of the Service; and
(b) will not incur or be under any liability whatsoever to You or to any Related Party for any loss, damage or injury to or in respect of any of your property or of any Related Party’s property,
except as occasioned by the grossly negligent acts or omissions of the Indemnified Person or its servants, agents, contractors, visitors or invitees.
10.5. The Provider is not liable to You in respect of any indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.
11. WARNING UNDER THE FAIR TRADING ACT 1999
11.1. Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the Provider is required to ensure that the recreational services it supplies to You are:
(a) rendered with due care and skill; and
(b) fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
(c) reasonably fit for any particular purpose or might reasonably be expected to achieve any result You have made known to the supplier.
11.2. Under section 32N of the Fair Trading Act 1999 , the Provider is entitled to ask You to agree that these conditions do not apply to You. If You agree to these Terms and Conditions You will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if You are killed or injured because the services rendered by the Provider were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these Terms and Conditions. (NOTE: The change to your rights, as set out in these Terms and Conditions, does not apply if your death or injury is due to gross negligence on the Provider’s part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.)