Terms of Service Beryl Bike Share

1. Contents

  1. Contents
  2. Who we are
  3. These Terms
  4. Other important terms and documents
  5. Changes to these Terms
  6. Important Definitions
  7. Availability of the scheme and bikes
  8. Registration
  9. Riding Passes
  10. Other charges and payments
  11. Payment and payment methods
  12. Your obligations
  13. Refunds
  14. If you experience a problem
  15. Public liability insurance
  16. Our responsibility to you
  17. Complaints and disputes
  18. Closing your account / editing your details
  19. Exclusion / suspension from the Scheme
  20. Getting in touch with us
  21. Other important legal terms

2. Who we are

Beryl is an urban cycling company, creating innovative products with technology, design and the environment at their core.

Beryl is the trading name of SMIDSY Ltd, a limited company (no. 07831245). All references in these Terms to Beryl, we, us, and our are to Smidsy Ltd.

Our registered address is Unit 6, The Hangar, Perseverance Works, 38 Kingsland Road, London, United Kingdom, E2 8DD.

3. These Terms

These Terms apply to and govern your registration to, and (if applicable) your use of, the Scheme.

During the registration process, you will be asked to confirm that you agree to these Terms, which form a binding contract between you and us.

Please read these Terms carefully before accepting them, and if you do not agree to them then please do not register to or use the Scheme.

Please be aware that our staff and agents have no authority to make individual exceptions or amendments to these Terms.

4. Other important terms and documents

Our Beryl Bike Share Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us when you register to and use the Scheme. It also includes our policy on cookies.

Our Tips for Riding Safely provide a guide to help you ride in confidence on the roads.

5. Changes to these Terms

We may amend these Terms, including our prices, from time to time in order to reflect or make changes to the Scheme/our technology, to remain compliant with current law and regulation, and/or for other valid reasons but we will always provide you with prior notification of the amendment and will ask you accept the new Terms.

If you do not accept the new Terms, you will not be able to continue to use the Scheme. In these circumstances, you will be eligible for a refund of any unspent portion of your current Riding Passes – please get in touch with us to discuss further.

6. Important Definitions

  • Beryl Bay means a clearly marked and designated area (whether digitally or physically designated and communicated) where a Bike should usually be locked/unlocked. Beryl Bays are clearly marked on-street with our distinctive green colour, in the Beryl Mobile App, and on the Beryl Website.
  • Beryl Mobile App means the mobile application via which you may access and manage your use of the Scheme.
  • Beryl Website means the website located at https://beryl.cc/.
  • Beryl Zone means the large designated zones in which Beryl operates, as clearly indicated in the Beryl Mobile App through a pink outline.
  • Bike means a bicycle hired from Beryl under the Scheme and these Terms.
  • Charges means the extra charges made on top of Riding Passes in certain circumstances, as set out in the "Other charges and payments" section below.
  • Minutes means each minute you ride a Bike which will be charged in full, rounded up to the nearest individual minute.
  • No-parking Zone means [the specific zones where parking bikes is not allowed, clearly indicated in the Beryl Mobile App through a dark grey outline].
  • Registered User means a person who has registered to use the Scheme by providing certain details via the Beryl Mobile App.
  • Riding Passes means our bike share pricing products, through which we charge for our service.
  • Scheme means the Beryl Bike Share scheme governed by these Terms.
  • Terms means these terms and conditions together with the documents referred to in them.
  • You means you, a Registered User.

7. Availability of the scheme and bikes

We will always try to run a reliable service, but sometimes part or all of the Scheme will be unable to operate for reasons beyond our reasonable control and, during certain periods, the Scheme may be heavily used so we cannot guarantee that there will always be Bikes available for use. You may be eligible for a refund of certain fees in certain circumstances – please get in touch with us to discuss further.

8. Registration

In order to use the Scheme you will need to register with us via the Beryl Mobile App. To register you must:

  • be aged 16 years or over;
  • download the Beryl Mobile App;
  • ensure all data provided by you is accurate;
  • ensure your post code provided matches that in your card billing address; and
  • agree to these Terms and our Privacy Policy.

9. Riding Passes

General:

In order to hire a Bike you will be required to select and pay for a Riding Pass which will determine how you pay for your Minutes.

The use of your Minutes will commence when you unlock a Bike.

When your Minutes have expired you will not be able to unlock a Bike for hire unless and until you acquire new Minutes or purchase a new Riding Pass.

Bikes should not be used unless you have purchased a Riding Pass that covers your hire. You must cease using, and lock, the Bike before your Riding Pass expires or purchase an additional Riding Pass to cover your hire.

If a Bike continues to be used where there is no Riding Pass to cover the cost of hire we will charge 5p per Minute for every whole minute of continued use.

Riding Pass options:

  • Pay As You Ride (PAYR). Following registration if you choose this product you will be charged £1 to unlock a Bike and £0.05 per Minute for the duration of your hire. Fractions of a Minute on hire will be rounded up to the next whole minute for charging purposes.
  • Minute Bundles. Following registration if you choose this product you will pay £5 for each bundle of 100 Minutes. There are four bundles available (£5 = 100mins, £10 = 200mins, £15 = 300mins, and £20 = 400mins). A bundle will last until you have used all the Minutes on hires or after 12 consecutive months of account inactivity (i.e. no log-ins) whichever is the sooner. You will always be notified before this happens and if you login again before the 12 months elapses your Minute Bundle will keep going and will not lapse.
  • Daily Pass. Following registration if you choose this product you will pay £12 for unlimited ride Minutes for a 24 hour period after purchase of the product.

10. Other charges

The position of the Bike when locked is determined using the GPS data recorded on our systems and that data shall be proof of where you left that Bike except in the case of manifest error. You can check via the Beryl Mobile App whether you have parked inside or outside a Beryl Bay or Beryl Zone.

We have complemented our pricing strategy with a set of additional Charges which apply in addition to the Riding Passes in certain circumstances; this allows us to promote the right parking behaviours and ensure smooth operations without the need of having too many vans moving Bikes around.

  • Out of Bay charge. A fee of £1 is applied when a user parks a Bike outside of a Beryl Bay (except if the Bike is parked in a No-parking Zone, when the charge is more – see the paragraph below). This fee has been tested to encourage good user behaviour but also allow flexibility when a user needs it most.
  • No-parking Zone charge. Users who lock their Bike in No-parking Zones will be charged a £5 fee. You can check via the Beryl Mobile App whether you have parked inside or outside a No-parking Zone.
  • Out of Zone charge: Users who park their Bike outside the Beryl Zone. If they do, an initial £5 charge applies.
  • +24 Hrs Out of Zone charge: If a Bike hasn’t been returned to a Beryl Zone within 24hrs of the initial Out of Zone charge, a further charge of £80 will apply.
  • Charge for damage: If a Bike is damaged during the Period of Use, then depending on the extent of the damage and the circumstances, we may charge you a sum to cover the damages.

11. Payment and payment methods

When you register, you will need to provide a valid credit or debit card, as listed on the Beryl Website and the Beryl Mobile App.

You must always have a valid payment card associated with your account if you wish to buy Riding Passes or hire a Bike.

You may obtain a receipt for each of your journey records via the Beryl Mobile App and via email.

Fees for the Minute Bundles and Day Pass Riding Passes will be payable up-front in full. Pay As You Ride Riding Passes and any Charges will be automatically charged to your nominated credit or debit card at the time that they apply.

12. Your obligations

Subject always to the "Our Responsibility to You" section below, you are personally responsible for:

  • your mobile device operating and supporting the Beryl Mobile App;
  • each Bike that you use;
  • all items you transport on a Bike or in the Bike's basket;
  • the Charges that you incur from time to time; and
  • any traffic or other penalties that you incur whilst using a Bike.

Under some circumstances, we may require information in respect of use of a Bike by you, e.g. when a Bike has been in an accident or is no longer in area Beryl Zone.

When using a Bike, you must:

  • comply with these Terms and all applicable laws;
  • have due regard to the Tips for Riding Safely;
  • check that the Bike (including, without limitation, the tyres, brakes, saddle and bell) is road worthy;
  • abide by the Highway Code;
  • observe all traffic signs and signals;
  • use the Bike reasonably, considerately and responsibly;
  • take reasonable care of the Bike;
  • when locking the Bike ensure the rear lock is properly closed;
  • when parking outside a Beryl Bay, ensure the Bike is locked in place that will not cause an obstruction or unreasonable impact to other road users or people using the pavement; and
  • lock the Bike in the same physical condition as it was when you previously unlocked it (except for fair wear and tear).

You must not:

  • lock or secure the Bike to any object or property during the period of use;
  • leave a Bike unattended whilst unlocked;
  • park a Bike on private property. This includes residential gardens, garages, buildings, or other areas inaccessible to other members of the public;
  • use a Bike to provide or operate a courier service or other business or commercial enterprise;
  • give, lend or sell the Bike to any third party;
  • damage, deface or vandalise a Bike, a Beryl Bay, or any of our equipment or property in any way;
  • load the Bike basket with a load of more than 10 kilograms or any object which overhangs the basket;
  • cycle on a Bike with a total weight of more than 100 kilograms;
  • cycle on a Bike with more than one person at a time;
  • cycle with any animals, children or persons on or in the basket;
  • carry on a Bike:
  • use a Bike for racing or stunt or trick-riding;
  • dismantle or tamper with a Bike in any way (or attempt to do so);
  • add or attach accessories or trailers to the Bike; or
  • use the Bike in an antisocial manner, i.e. a manner that causes or is likely to cause harassment, alarm or distress to others.

13. Refunds

In certain circumstances you may be eligible for refunds of fees you have paid for the Scheme. Please get in touch with us to discuss. See our "Getting in touch with us" section below.

14. If you experience a problem

If you experience any problem with a Bike during a ride that prevents you from continuing to use the Bike or securely locking the Bike, please contact us straight away. See our "Getting in touch with us" section below.

If you experience any problem with a Bike during a ride but are able to safely continue to use the Bike and to securely lock it, please report the problem to us via the Beryl Mobile App.

15. Public liability insurance

We have arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage, to the physical property of a third party arising from your use of a Bike (Public Liability Insurance), on condition that have used our Bike in line with your obligations as set out in these Terms. The Public Liability Insurance cover is limited in scope and amount and subject to various exceptions.

The cost of the Public Liability Insurance is included in the prices we charge for the Scheme. Due to the way that we have arranged the insurance, it is not possible for you to opt out of the Public Liability Insurance.

It is important to note that, where you are eligible to benefit from the Public Liability Insurance in respect of a claim by a third party, you are required to pay (subject to certain exceptions) the excess of £250.

While using a Bike, you must comply with these Terms and cycle sensibly in order to avoid any events that could create a claim under the Public Liability Insurance.

If you are involved in an accident or damage or injury is caused to someone or something while using a Bike, you must as soon as it is safe to do so:

  • stop cycling; and
  • telephone Beryl at 0203 003 5044 to notify us of the accident and any resulting damage to the Bike. We will then give you instructions as to who to contact in respect of any claim under the Public Liability Insurance.

16. Our responsibility to you

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We provide the Scheme and the Bikes for domestic and private use only. You agree not to use the Scheme and the Bikes for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If any aspect of the Beryl Website or the Beryl Mobile App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.

17. Complaints and disputes

We strive to run a great service, but if you have any comments, problems, or complaints please get in touch with us. See our "Getting in touch with us" section below.

As part of our standard enquiry and complaints handling process, we will:

  • record details of all enquiries and complaints that we receive; and
  • consider and respond to each enquiry.

18. Closing your account / editing your details

If you wish to close your Beryl account, or edit your payment method or any other personal details, you may do so via the Beryl Mobile App. If you are unable to use the Beryl Mobile App please contact us through the Beryl Website or via telephone at 0203 0035044.

If you wish to close your Beryl account but still have active (i.e. unused) Minutes or Ride Passes, you may be eligible for a refund – please get in touch with us to discuss further. See our "Getting in touch with us" section below.

If you have a Beryl account, you must notify us of a change of your payment method or any other personal details (including billing post code), via the Beryl Mobile App, as soon as possible.

19. Exclusion / suspension from the Scheme

If we discover that you have breached these Terms, we reserve the right to suspend or permanently exclude you from using the Scheme.

If you are excluded or suspended from using the Scheme because you have breached these Terms and/or we have reason to believe that you have used or attempted to use a payment card to defraud us, we may cancel your remaining Ride Passes without payment of any refund to you.

If you are permanently excluded from the Scheme as described above, you will not be allowed to register for a new account and we reserve the right to refuse your registration or attempted registration to the Scheme in these circumstances. If you successfully register for a new account and we later discover that you have previously been permanently excluded from the Scheme, we may close your account and cancel your remaining Ride Passes without payment of any refund to you.

20. Getting in touch with us

If you want to contact us for any reason, you can do so:

  • By live chat (Intercom): available in the Beryl Mobile App and Beryl Website
  • Via social media: @BerylBikes
  • By telephone: +44 20 300 35044
  • By post: Unit 6, The Hangar, Perseverance Works, 38 Kingsland Road, London, United Kingdom, E2 8DD.

21. Other important legal terms

Nothing in these Terms purports to grant or change ownership in the Bikes, which remain the property of Beryl at all times.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

Only you and we have rights under these Terms. No other person shall have any rights under these Terms.

You may not transfer any of your rights under these Terms to any other person.

These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.