CoMotion Mobility Solutions Limited – Trading as CoMotion and STEED

Terms and Conditions

Last Updated – 12th July 2023

 

  1. Introduction

CoMotion is an Irish shared mobility platform which is built on a foundation of over 15 years’ experience within the public transport sector. CoMotion is unique in that it is designed from the ground up to provide shared mobility solutions for both the public and private sectors. Our target markets would include rural communities, towns, universities, hotels, and corporate campuses.

CoMotion offers shared mobility across the following modes:

– Bicycles

– Electric Bicycles (ebikes)

– Inclusive Mobility Bicycles and Tricycles

CoMotion carries out the business of renting out electric scooters (eScooters) and electric bikes (eBikes) (collectively referred to as Vehicles) through its application for web-enabled mobile phones. The Vehicles can only be rented out to customers who have registered via the CoMotion App.

 

  1. Contact Information

CoMotion Mobility Solutions Ltd

Unit 6,

Shannon Business Centre,

Shannon,

Co. Clare

Ireland

T: 353 71 9173454

FreeFone: 1800 818864

E: info@comotion.ie

W: www.comotion.ie

 

  1. Definitions

Registered User: This refers to a person who has registered with CoMotion for the purpose of using one of the vehicles contained within its fleet. The candidate user will be required to register certain personal and payment details with CoMotion before using any CoMotion Vehicles.

App: This refers to the CoMotion User App.

Bike: This refers to one of the CoMotion fleet of bikes available for hire.

Vehicle: This refers to one of the CoMotion vehicles including bikes, ebikes and inclusive mobility vehicles available for hire.

Charges: These refer to the charges payable by you for the hire of CoMotion bikes.  There may also be additional charges or penalties as outlined below.

 

  1. Terms

These Terms govern the use of the CoMotion App and the Vehicle rental contracts entered into using the CoMotion App.

CoMotion reserves the right to amend these Terms to the extent necessary as required by law or by technological changes. Any changes will be considered approved unless you have objected to them in writing within six weeks of being notified of them by CoMotion.

As a consumer, you have certain legal rights in relation to your use of the CoMotion App and your rental of CoMotion’s Vehicles. You can find more information about these rights at: https://www.ccpc.ie/consumers/. Your legal rights are not affected by these Terms, which apply in addition to your legal rights but do not replace them.

 

  1. Terms of Use

These are the terms and conditions for the use of services provided by CoMotion. We ask that you please read them carefully.

  • We reserve the right to refuse CoMotion membership.
  • Users of CoMotion Services must be aged 18 and over.
  • Users are prohibited to use a vehicle if they are under the influence of alcohol or drugs or medications that could impair your ability to control the vehicle.
  • You agree that we will process all personal data in accordance with our Privacy Policy which you can read at comotion.ie/privacy-policy.
  • You must be able to use vehicle without endangering pedestrian or vehicular traffic and in accordance with applicable traffic rules and public-order regulations.
  • CoMotion reserve the right to suspend your account at any time for your suspected failure to comply with these terms and conditions.
  • CoMotion may periodically amend these terms and conditions, the Charges and details of the CoMotion service. In these circumstances, the User may be eligible for a refund of certain Charges that the User paid CoMotion in accordance with the CoMotion refund policy.
  • No staff member other than a CoMotion company director has authority to make individual exceptions or amendments to the User’s contract with us.
  • There may be occasions when CoMotion will be unable to provide a vehicle hire service for reasons beyond CoMotion’s control.
  • Hire of CoMotion vehicles is dependent on the availability of CoMotion vehicles.
  • You must not use a Vehicle for the commercial transport of passengers or for commercial transportation (e.g. courier, taxi services, food deliveries)
  • Users are prohibited from transporting any items which may cause harm, hazardous or flammable while on the vehicle.
  • Only one person may use a vehicle at a time, multiple riders will be fined and banned from using the CoMotion app.
  • Users must not tamper or alter the vehicle in anyway.
  • It is an offence to use the vehicle to carry out criminal activity.
  • The User agrees to use the bike safely and responsibly in accordance with Irish Road Traffic Laws and any other relevant laws and regulations and to always wear a helmet. If a helmet is not available with the bike at the time of rental please do not rent the bike and proceed to another bike with an available helmet. If a user chooses not to use the helmet provided or use a bike with no helmet supplied, they do so entirely at their own risk.

 

  1. Agreement for use of the CoMotion App

In order to be able to rent a CoMotion Vehicle, you must first download the CoMotion app and create a user account. Each customer may register only once. Only customers who have properly registered may then use the CoMotion Services. You have no automatic right to registration.

 

When the registration process – during which you will be asked to accept these Terms and to provide, once this has been completed successfully, you will have entered into a contract with CoMotion for the use of the CoMotion App.

After that, you may rent Vehicles by concluding individual rental contracts in accordance with these Terms.

 

CoMotion is reserves the right to refuse to enter into a User Agreement or any individual rental contract if it reasonably believes that individual will not comply with these Terms.

 

  1. User Account

You must be the named holder of the bank account or credit card whose details you provide to CoMotion. You are obliged to keep up to date the personal data which you provide during the registration process.

You are prohibited from permitting any third parties to use a CoMotion Vehicle which you have booked via your user account and may not provide your login details for use by other persons. You must, without delay: (a) change your password if there is reason to believe that any other person has become aware of it; and (b) notify CoMotion of this fact.

In order to use the CoMotion App, you must have a web-enabled mobile phone that meets the technical requirements of the CoMotion App. You shall bear any charges made by your mobile service provider in respect of any data transmission.

 

You are prohibited from copying or manipulating the CoMotion App via information technology methods. If you are found to have breached or attempted to breach this prohibition CoMotion is entitled to withdraw your access to the CoMotion App with immediate effect without prejudice to any other rights and remedies, it may have by law.

 

  1. Payments, Pricing and Subscriptions

You are obliged to pay the rental fee for your use of a Vehicle. Prior to your entering into a rental contract, the CoMotion App will display the unlock fee for unlocking the Vehicle as well the price per minute for using it (inclusive of VAT). The total rental fee is payable when you end the rental contract.

Payments are made according to the payment method selected by you in the registration process. By entering into a rental contract you confirm that you are entitled to authorize the transfer of the specified account by direct debit. You are responsible for ensuring that your selected means of payment are sufficient to cover payment of the rental fees. If a payment cannot be made due to lack of funds or for other reasons for which you are responsible, CoMotion may charge you a fee for its actual expenses incurred unless you can show that CoMotion did not incur any expenses or incurred less. This is without prejudice to any other legal rights and remedies available to CoMotion.

 

CoMotion operates a number of tariffs: –

PAY AS YOU GO                                 €1 Unlock, 10c per 10 min up to 30min, 10c per minute thereafter.

Monthly Subscription €30           A price list for users who have a monthly subscription

Monthly Subscription – Student €20 Unlimited 1 hour rides and .10c per minute thereafter.          

Day Pass                                              €5 for 5 hours

 

The User must have a minimum of €1.20 credit on your CoMotion account / Credit / Debit Card or have a current valid membership in order to unlock a bike.

Bikes that are parked in PAUSE mode continue to be charged at €0.10c per 10-minute period. This is to ensure that other Users cannot use the bike during this time.

 

  1. Fair Usage and Obligations

A Fair Usage Policy applies and CoMotion reserves the right to revoke a user’s subscription if any subscription is used excessively, beyond normal user usage, or for commercial purposes.

You must treat Vehicles with due care and consideration, observe the applicable traffic regulations, and not endanger any third-party rights or legal interests through your use of Vehicles.

You must not ride or otherwise move a Vehicle outside the geozone. Any users found doing so will be penalised.

 

 

  1. Using a vehicle

The rental of Vehicles is subject to availability. The Vehicles are available only within a defined area / within a geozone. Users are prohibited from riding or otherwise moving the Vehicles outside of the designated area.

A CoMotion bike may be unlocked by scanning the QR code on the bike. If the QR code cannot be scanned successfully, for whatever reason, the bike’s identification number can be entered in order to unlock the bike. The bike’s identification number is located on the front of the bike.

By clicking “Start Trip” in the CoMotion App, you will make a binding offer to rent the Vehicle you have reserved. CoMotion accepts this offer by unlocking the vehicle and creating a rental contract for that ride.

You must notify CoMotion without undue delay of any defects or damage to the Vehicle of which you become aware of. You must not use a particular Vehicle if any such defects or damage appear obviously likely to impair traffic safety or the general functionality of the Vehicle.

 

  1. During your journey

All users must wear a helmet for the duration of their journey. If a user chooses not to use the helmet provided or use a bike with no helmet supplied, they do so entirely at their own risk.

Users must operate the vehicle in a manner which does not endanger pedestrian or vehicular traffic and in accordance with applicable traffic rules and public-order regulations.

CoMotion bikes must not be loaded with additional weight in excess of 10Kgs.

Users may only use the vehicle within the designated geozone and must not use the vehicle for off road journeys.

The vehicle must not be left unlocked and unattended for any period of time. If a vehicle is left in this state and any damage is caused to the vehicle the user is liable to pay for any such damages up to a cost of €2,000.

 

  1. Ending your journey and Parking

Vehicles must only be parked in a designated parking location according to the CoMotion app, and in a manner which does not impact the safety of traffic or the rights or legal interests of third parties.

 

Ebikes and Bikes must be parked using the kickstand and in publicly accessible areas and not in places that are difficult to access, including but not limited to;

  • private premises or company grounds;
  • interior courtyards;
  • parking garages;
  • customer parking bays;
  • interior spaces;
  • near intersections or in a manner otherwise causing impediments to road traffic;
  • the users home;
  • in a location which can cause an obstruction to other road/ footpath users.

If a User fails to park a CoMotion bike at a designated parking location, CoMotion will charge a retrieval fee payable on demand, of up to a maximum of €50.

Should an issue arise you are obliged to provide information in good faith, to CoMotion about the exact location at which you parked a Vehicle.

 

  1. Malfunctions during your journey

Please visually inspect the bike before unlocking it. If a fault is found, please report this within the CoMotion app.

In the event that a malfunction occurs mid journey please safely bring the bike to a stop. Please lock the bike to the most convenient authorised parking point and notify CoMotion on the CoMotion App. For your safety and the safety of others do not attempt to cycle the bike if you discover a fault with the bike.

 

  1. Accidents

You must report any accidents involving a Vehicle to CoMotion and An Garda Siochana as soon as the accident occurs. You are obliged to provide truthful information about an accident, particularly where it occurred, this applies regardless of whether you caused the accident yourself or whether it was caused by a third party.

In case of an accident involving a Vehicle driven by you, you must not assume liability or make any comparable admission. If you assume or admit liability despite this prohibition, then it will apply exclusively against you and neither CoMotion nor its insurers will be bound by such admission or assumption.

 

  1. Insurance

You are not insured by CoMotion to use CoMotion services or bikes and Users do so entirely at their own risk. It is advised that Users take out their own public liability insurance if they do not have such a policy already in place.

 

  1. Complaints and Disputes

Complaints and disputes are handled according to CoMotion’s Complaints Handling Policy. CoMotion have 14 days to reply to an initial complaint. You agree to provide CoMotion with any information CoMotion may request to help in their investigation.

 

These terms and conditions shall be governed by Irish Law.

If a dispute arises between a User and CoMotion and the User wishes to take court proceedings, the User must do so at a court in the Republic of Ireland.

If you have any questions, queries or complaints you may lodges these by phone, by post or email

CoMotion Mobility Solutions Ltd

Unit 6,

Shannon Business Centre,

Shannon,

Co. Clare

Ireland

T: 353 71 9173454

FreeFone: 1800 818864

E: info@comotion.ie

W: www.comotion.ie

 

  1. CoMotion’s Liabilities

If CoMotion fails to comply with these Terms it is responsible for the loss or damage which you suffer which is a foreseeable result of that failure or of CoMotion failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if it was reasonably foreseeable to both parties when the contract was made.

CoMotion does not exclude or limit its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by CoMotion’s negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights.

 

CoMotion’s Vehicles are provided only for private use and therefore are not liable for business losses. CoMotion will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. User Liabilities

The user is liable for any damages for which they are responsible for. This particularly includes any theft, damage or loss of a CoMotion Vehicle for which you are responsible. CoMotion is entitled to be indemnifies by you in respect of any legitimate third-party claims (including legal costs) insofar as you are not covered by your own personal insurance.

 

Users are liable for all violations of road traffic regulations, public order regulations and other statutory provisions for which you are responsible in connection with your use of a Vehicle. Users are liable for any resulting penalties, fees and costs and must indemnify CoMotion in respect of any resulting third-party claims. For the avoidance of doubt, users will not be liable if and to the extent that any such penalties, fees, costs or claims result from your use in accordance with these Terms of a Vehicle which is defective.

 

No limitation of liability agreed between CoMotion and a user in respect of damages to a Vehicle will apply if you wilfully caused the damage.

 

  1. Suspended Access or Termination of Access

A user may have their account suspended or terminated if CoMotion think they have used the service dishonourable or in a way to cause harm to CoMotion, its users or the general public.

An account may also be suspended or terminated if data essential to contractual performance have been incorrectly provided or user defaults on payments exceeding any negligible amount, despite having received notice.

A users account will be suspended or terminated if they provide incorrect information or conceal factual circumstances during the registration process.

 

  1. Personal Data

CoMotion will only collect and process personal data relating to you insofar as such data are required to perform CoMotion’s rights and obligations to operate the service. When processing your personal data, CoMotion will observe the applicable statutory provisions, particularly those of the EU General Data Protection Regulation (GDPR).

 

For further details and information on the scope of the collection, storage, and processing of personal data relating to you, please refer to CoMotion’s Privacy Notice available here: https://comotion.ie/privacy-policy/

 

  1. Further Information

Only the User and CoMotion have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.

A User may not transfer any of their rights under these terms and conditions to any other person.