1.1.3. If you DISAGREE with any part of these Terms and Conditions, please DO NOT SIGN UP to use one of our Bicycles.
1.2. About EVie BlueBike
1.2.1. EVie BlueBike is a brand name for the long-term rental offering provided by JEV Company Limited, a limited company registered in Jersey (registration number:129682). Our registered address is: c/o Grant Thornton, 45-50 Kensington Place, St Helier, Jersey JE1 1ET.
1.2.2. You can contact us by email at [email protected] or by phone on 01534 510462.
1.3. User qualification
1.3.1. Our pedal bike services are for persons aged 7 or over.
1.3.2. Our e-bike services are solely for persons aged 14 or over. To use an e-bike You warrant and represent that You are aged 14 years or older;
1.3.3. You warrant and represent that all the information you provide to us about yourself is true, accurate, current and complete.
1.4. Changes to these terms
2. EVie BlueBike Riders
2.2.2. Your Bicycle will be provided with one key for use with your lock. EVie will have a spare key for your Bicycle. If your key or lock is lost, damaged or stolen, a replacement must be requested by you which will be provided by EVie at a cost of £15. Any lost or stolen keys or locks that are subsequently found must be returned to EVie immediately. Damaged keys should be returned to EVie immediately.
2.3. Lease period
The Lease Period starts on the day you take delivery of the Equipment and shall continue in perpetuity unless this agreement is terminated by notice from you or EVie in accordance with its terms (‘Lease Period’).
2.4. Membership fees
2.4.1. The cost of membership is as otherwise stated when you sign up on our Site.
2.4.2. Your first membership fee will be collected on the day you take possession of the Equipment. Subsequent payments will be taken the same day of each following month until the termination of this agreement in accordance with its terms.
2.5. Payment method
2.5.1. Membership Fees and Penalty Charges will be charged using the card details you provide to EVie.
2.5.2. Cash payments and electronic bank transfers are not accepted.
2.5.3. During the Lease Period, you agree not to cancel or otherwise prevent payments from being taken from your payment method without first telling EVie and providing an alternative payment method, from which EVie may collect the Membership Fees and Penalty Charges.
2.6. Payment agreement
2.6.1. You agree to allow EVie to collect from your account the relevant Membership Fees for the Lease Period and any applicable Penalty Charges as set out in clause 2.13.
2.6.2. EVie will only seek payment for Penalty Charges in respect of actions initiated by you. Such Charges will be payable at the times specified in clause 2.13.5.
2.6.3. EVie reserves the right to amend the Membership Fees and Penalty Charges at any time, subject to providing you with 30 days notification prior to any such amendments and an opportunity within that time to terminate the agreement.
2.7.1. The Equipment shall be available to be collected by you from the EVie bike shed at 9 Hansford Lane, St Helier, Jersey JE2 3JL. EVie will provide you with an estimated one-hour collection window. Collection windows are guidance only and EVie makes no guarantee that your bike will be available within your one-hour window. Title and risk shall only transfer in accordance with clause 2.8 of this agreement.
2.7.2. You shall procure that you, or a duly authorised representative of yours, shall be present to collect the Equipment. Acceptance of collection by you or such representative shall constitute conclusive evidence you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by EVie, your duly authorised representative shall sign a receipt confirming such acceptance.
2.8. Title, risk and insurance
2.8.2. The risk of loss, theft, damage or destruction of the Equipment shall pass to you on delivery. The Equipment shall remain at your sole risk during the Lease Period and any further term during which the Equipment is in your possession, custody or control (Risk Period) until such time as the Equipment is redelivered to EVie’s offices. During the Lease Period and the Risk Period, you shall be solely responsible for the care and maintenance of the Equipment.
2.8.3. EVie will, subject to the payment of a premium, insure you against theft of the bike, subject to your compliance with your obligations set out in clause 2.9.
2.8.4. Damage and theft to individual parts (such as saddles, wheels and lights) are not insured and are your responsibility to replace in accordance with clause 126.96.36.199. Please note that you may want to insure yourself (at your own expense) against any uninsured risks.
2.8.5. You shall give immediate written notice to EVie in the event of any loss, accident or damage to the Equipment arising out of or in connection with your possession or use of the Equipment and notify the police of any theft of the Equipment. EVie will, if the theft, accident or damage to your first Bike is through no fault of yours, make reasonable endeavours to replace the Bike within 4 days. You acknowledge that EVie will not replace the second bike.
2.8.6. Where you are eligible to benefit from the Insurance outlined under clause 2.8.3, there is an excess charge of up to £300 in the case of a total loss or £75 in the case of a single part such as a saddle or wheel, £50 in case of a replacement lock and £15 in case of a replacement key. A full list of charges can be found in Schedule 1.
2.8.7. Where no Insurance has been offered, there is an excess charge of up to £1,000 in the case of total loss or £75 in the case of a single part such as a saddle or wheel, £50 in case of a replacement lock and £15 in case of a replacement key. A full list of charges can be found in Schedule 1.
2.9. Your responsibilities as an EVie BlueBike rider
2.9.1. You shall during the Lease Period and Risk Period of this agreement:
188.8.131.52. ensure that at all times the Equipment is in your possession or control and keep the Bicycle locked and secure at all times when not being ridden by parking your Bicycle both legally and securely, using the lock provided as part of the Equipment, ensuring the lock is securely locked around the frame of the bike to an immovable object, and all in accordance with any operating instructions provided by EVie;
184.108.40.206. subject to clauses 220.127.116.11, 18.104.22.168 and 2.11 maintain the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the day you picked up your bike from us (fair wear and tear only excepted) including replacement of worn, damaged and lost parts with EVie approved parts.
22.214.171.124. make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of EVie. You can get in touch with us at [email protected] if you would like to make such an alteration;
126.96.36.199. not, without the prior written consent of EVie, part with control of (except for the purposes of repair or maintenance), sell or offer for sale, sublet or lend the Equipment;
188.8.131.52. not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of EVie in the Equipment, or bring EVie into disrepute;
184.108.40.206. not suffer or permit the Equipment to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you shall notify EVie and you shall at your sole expense use your best endeavours to procure an immediate release of the Equipment and indemnify BlueBike on demand against all losses, costs, charges, damages and expenses incurred as a result;
220.127.116.11. not use the Equipment for any unlawful purpose;
18.104.22.168. check that the Equipment (including, without limitation, the tyres, brakes, electric motor, saddle and bell) is road worthy;
22.214.171.124. abide by the Highway Code including observing all traffic signs and signals;
126.96.36.199. use the Equipment reasonably, considerately and responsibly;
188.8.131.52. ensure that at all times the Equipment remains identifiable as being EVie’s property and wherever possible shall ensure EVie’s ownership is attached to the Equipment at all times;
184.108.40.206. deliver up the Equipment at the end of the Lease Period or on earlier termination of this agreement at such address as EVie requires, or if necessary, allow EVie or its representatives access to any premises where the Equipment is located for the purpose of removing the Equipment; and
220.127.116.11. not do or permit to be done anything which could invalidate the insurances referred to in clause 2.8.
18.104.22.168. not take or use the Equipment outside of Jersey or Guernsey.
2.9.2. You acknowledge that EVie shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by you, and you undertake to indemnify EVie on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure of yours to comply with the terms of this agreement.
2.9.3. You agree to notify EVie immediately of any changes to your personal details including, but not limited to, your name, address, contact number and payment details.
2.10. EVie’s obligations to you as a BlueBike rider
2.10.1. EVie warrants that the Equipment shall substantially conform to its specification (as made available by EVie), be of satisfactory quality and fit for any purpose held out by EVie for the first week of the Lease Period. EVie shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment which manifests itself within six (6) months from Delivery, provided that:
22.214.171.124. You notify EVie of any defect in writing;
126.96.36.199. EVie is permitted to make a full examination of the alleged defect;
188.8.131.52. the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by you or any other person other than EVie’s authorised personnel;
184.108.40.206. the defect is directly attributable to defective material, workmanship or design.
2.10.2. Insofar as the Equipment comprises or contains equipment or components which were not manufactured, supplied or produced by EVie, you shall be entitled only to such warranty or other benefit as EVie has received from the manufacturer.
2.10.3. If EVie fails to remedy any material defect in the Equipment in accordance with clause 2.10.1 EVie shall, at your request, accept the return of part or all of the Equipment.
2.10.4. If the Bicycle is stolen, through no fault of yours, EVie will make reasonable endeavours to deliver a replacement Bike to you, provided that this is the first such theft of your Bicycle.
2.11. Servicing and maintenance
2.11.1. Should your Bicycle become faulty at any time, EVie will make reasonable endeavours to repair the fault within four days after you have contacted EVie. This excludes public holidays.
2.11.3. If EVie cannot repair your bike for whatever reason it will provide a replacement Bicycle.
2.11.4. Should EVie not repair your Bicycle within the times as stated in clauses 2.11.1, no compensation or payment will be due to you.
2.12.1. Without prejudice to clause 2.12.2, EVie ‘s maximum aggregate liability under or in connection with this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be capped at any policy limit of such public liability insurance policy as we have in place in connection with our services.
2.12.2. Nothing in this agreement shall exclude or in any way limit:
220.127.116.11. either party’s liability for death or personal injury caused by its own negligence;
18.104.22.168. either party’s liability for fraud or fraudulent misrepresentation; or
22.214.171.124. any other liability which cannot be excluded by law.
2.12.3. This agreement sets forth the full extent of EVie’s obligations and liabilities in respect of the Equipment and its hiring to you. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on EVie except as specifically stated in this agreement. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded.
2.12.4. Without prejudice to clause 2.12.2, neither party shall be liable under this agreement for any: loss of profit; loss of any contract; loss of opportunity; reputational harm; or indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
2.13. Penalty charges
2.13.1. The Penalty Charge is a penalty for any loss of or damage caused to the Equipment (outside normal wear and tear — see clause 126.96.36.199). If you cause any loss or damage to the Equipment (in whole or in part), BlueBike shall be entitled to apply the Penalty Charges against such loss or damage.
2.13.2. The amount charged as a Penalty Charge shall include, but not be limited to:
188.8.131.52. Non-return of the bike within 14 days of termination of this agreement under clause 2.14: up to £1,000;
184.108.40.206. Non-return any item of Equipment excepting the Bicycle itself: up to the retail value of the item of Equipment; and
220.127.116.11. Replacement of damaged or stolen parts: £75 per part up to a maximum of £200.
18.104.22.168. Replacement of lost, stolen or damaged key: £15
22.214.171.124. Loss or theft of the bike when not locked securely by the frame to an immovable object using the lock provided by EVie: up to £1,000.
2.13.3. any damages arising on termination under clause 2.14.1.
Damages that incur charges include but are not limited to:
- Dents to the Frame
- Damage to the battery and/or the charging lead
- Scratches down to the bare frame or scratches of more than 5cm in length
- Buckled wheels or missing spokes
- Broken or missing mudguards
- Damaged to the gearing system
- Ripped or missing saddle and /or seatpost
- Damaged or broken lights.
2.13.4. The amount charged as a penalty shall depend on the severity of the damage and will be communicated by EVie within 7 days of the Equipment being returned.
2.13.5. You acknowledge and agree that the Penalty Charges specified above are fair, reasonable and proportionate. Penalty Charges will be taken within 24 hours of being notified of such a charge being applicable.
2.14. Cancellation and termination
2.14.1. You reserve the right to cancel this Agreement by giving EVie thirty (30) days’ notice (Notice Period) at any time during the Lease Period. The Notice Period will begin on the day after you notify EVie.
2.14.2. EVie reserves the right to cancel this Agreement by giving you thirty (30) days’ notice (Notice Period) at any time during the Lease Period.
2.14.3. Without affecting any other right or remedy available to it, EVie may terminate this agreement with immediate effect by giving you notice if:
126.96.36.199. You commit a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fail to remedy that breach within a period of 15 days after being notified in writing to do so;
188.8.131.52. You (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of the laws of Jersey;
184.108.40.206. You (being an individual) are the subject of a bankruptcy petition or order;
220.127.116.11. a creditor or encumbrancer of yours attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
2.14.4. For the purposes of clause 18.104.22.168., material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which EVie would otherwise derive from:
22.214.171.124. a substantial portion of this agreement; or
126.96.36.199. any of the obligations set out in clause 2.9,
over the term of this agreement. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
2.14.5. If either party cancels this Agreement, you will be issued with a Cancellation Notice confirming your notice period and your final payment amount. If you fail to return your bike within your Notice Period you will continue to be charged for the use of the Equipment on a pro rata basis.
2.15. Consequences of termination
2.15.1. Upon termination of this agreement, however caused:
188.8.131.52. EVie’s consent to your possession of the Equipment shall terminate and EVie may, by its authorised representatives, without notice and at your expense, retake possession of the Equipment and for this purpose may enter any premises at which the Equipment is located; and
184.108.40.206. without prejudice to any other rights or remedies of yours, you shall pay to EVie on demand any costs and expenses incurred by EVie in recovering the Equipment and/or in collecting any sums due under this agreement (including any storage, insurance, repair, transport, and legal costs).
2.15.2. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
2.16.1. Collection of the Equipment shall be from EVie’s offices the location of which will be notified to you at the time of your Lease confirmation. EVie will provide you with a one-hour collection window and shall use all reasonable endeavours to deliver at the stated location by the date and time agreed between the parties. Collection windows are guidance only and EVie makes no guarantee that your bike will be available for collection within your two-hour window. Title and risk shall only transfer in accordance with clause 2.8 of this agreement.
2.16.2. You shall procure that you, or a duly authorised representative of yours, shall be present at the collection of the Equipment.
Charges applicable when using our Service
|Fee type||When fee applies||Amount|
|Replacement bike fee||When your bike is stolen or so damaged it is no longer usable||Up to £1,000 without insurance cover
£500 if you have taken out insurance cover
|Replacement part fee||When a part of your bike needs replacing if it is stolen or damaged||£75|
|Replacement lock fee||If you lose or don’t return your lock||£50|
|Replacement key fee||When you lose the key to your lock||£15|
|Non return of bike fee||If you don’t return your bike to us at the end of your contract||Up to £1,000|
|Damage fee||If you return your bike and it is damaged beyond reasonable wear and tear||Variable depending on the damage but subject to a maximum of £1,000|
3. Entire agreement
3.1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
3.2. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
3.3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
4. Third party rights
No one other than a party to this agreement or their permitted assignees, shall have any right to enforce any of its terms.
5.2. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
6. Rights and remedies
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
7. Governing law
This agreement 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 the laws of Jersey.
You agree that the courts of Jersey shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).