Bikewave Fleet Terms and Conditions of Use
1. Purpose
BIKEWAVE GROUP S.L., with tax ID (NIF) B75857789, European VAT number ESB75857789, registered address at Avenida de la Reina Victoria, 39, 5D, 28003 Madrid, Spain, and email address fleet@bikewave.es (hereinafter “BIKEWAVE”), makes Bikewave Fleet available to authorised users, accessible via www.bikewave-eu.com and the environments enabled for their organisation (hereinafter the “Platform”).
The Platform allows users to identify bicycles in an internal fleet, check their availability, make immediate or scheduled bookings, record trips and report incidents.
These Terms govern access to and use of the Platform by the persons who book and use the bicycles (hereinafter the “User”). “Entity” means the city council, public body or organisation that makes the fleet available to the User, and “fleet manager” means the person appointed by that Entity to coordinate its use.
The User must read and accept these Terms through the mechanism provided before using the service. They must also follow the operational and safety instructions previously communicated by their Entity. No instruction may reduce the rights granted to the User by applicable law.
Acceptance relates to the authorised personal use of the Platform and the fleet. It does not make the User a representative of the Entity or impose on them any of the Entity’s commercial obligations towards BIKEWAVE.
2. Users
Access is reserved for persons authorised by the Entity and must take place through the identification procedure provided. Having a link, a QR code or a bicycle’s code does not in itself confer authorisation to use it.
The User must meet the access and usage requirements communicated by their Entity and use the bicycles only for authorised journeys and purposes.
The data provided for identification must be correct and kept up to date. Access credentials are personal and must not be shared. The User must immediately inform the fleet manager or BIKEWAVE of any loss of credentials, suspected impersonation or unauthorised access.
The User may only access the features and information enabled for their profile. If their situation changes or they are no longer authorised, they must stop using the service and report any access that improperly remains active.
3. Use of the Platform
The User will use the Platform diligently and in accordance with the instructions provided.
The following is prohibited:
- Impersonating another person, sharing credentials or carrying out operations on someone else’s behalf without authorisation.
- Accessing information of other users or entities beyond the assigned permissions or circumventing access restrictions.
- Introducing malicious code, interfering with the operation of the service or tampering with its security measures.
- Creating fictitious bookings, deliberately blocking bicycle availability or manipulating records of trips, distances, batteries and incidents.
- Uploading unlawful content, threats, unauthorised advertising or information that infringes the rights of third parties.
- Transferring or selling access, extracting information without authorisation or using it for purposes unrelated to the service.
- Copying or modifying protected elements or reverse engineering outside the cases authorised or permitted by law.
The User must protect any non-public information they access; this obligation does not prevent them from making legally protected reports or disclosures.
The options available depend on the configuration enabled for their Entity. If an operation is unavailable or an error occurs, the User should contact the fleet manager or BIKEWAVE support.
4. Intellectual property
The rights to the software, design, trademarks, texts and other protected elements of the Platform belong to BIKEWAVE or to their respective owners.
The User holds a personal, non-exclusive authorisation of use for as long as they retain authorised access, limited to the enabled features and the purpose of the service. This access does not transfer ownership of the rights to the Platform.
The technical operations necessary for legitimate use and the downloads expressly enabled for the User are permitted. Any other reproduction, distribution, transformation or exploitation of protected elements requires the owner’s authorisation, except where permitted by law.
Comments or content submitted by the User do not entail a general transfer of their rights to BIKEWAVE. Their use will be limited to managing the service and to legitimately enabled purposes.
5. Liability and warranties
BIKEWAVE will apply the measures incumbent upon it to provide the Platform with due diligence and handle its technical incidents. The service may be affected by maintenance work, connectivity problems or failures. Where possible, planned interruptions affecting use will be announced in advance and the relevant instructions will be communicated.
Information on availability, bicycle condition and battery level depends on the records available. A confirmed booking does not replace the basic check before use, nor does it in itself certify the mechanical condition of the bicycle. Nor does it release those responsible for inspecting, maintaining or updating the status of the fleet from their obligations.
The Entity organises the use of the bicycles and communicates its rules and operational contacts. BIKEWAVE is responsible for the actions and services incumbent upon it. These Terms do not transfer to the User the professional maintenance, risk prevention or safety obligations of the Entity, BIKEWAVE or other providers.
The User will be liable for breaches and damage attributable to them under applicable law. Merely booking or using a bicycle does not make them automatically liable for pre-existing defects, ordinary wear and tear, theft or accidents.
No provision excludes BIKEWAVE’s liability for its own breaches or limits the User’s non-waivable rights. Any liability will be assessed in light of the facts and the involvement of each person or organisation.
Recording an incident on the Platform is not the same as calling emergency services, filing a police report or notifying an insurer of a claim. The User must also follow the procedures applicable to each situation.
6. Booking conditions
6.1. Identifying the bicycle
The User will access their Entity’s environment and scan the QR code or enter the bicycle’s code using the options provided. They must check that the identified bicycle matches the one they wish to use and that it is authorised and available for that use.
6.2. Immediate or scheduled booking
The User will select an immediate or scheduled booking, depending on the options available. For scheduled bookings, they must check the dates, times and other requested details before confirming.
Bookings are subject to availability, permissions and the Entity’s previously communicated rules. The User must check that the operation has been confirmed on the Platform. An incomplete attempt or an error message is not a valid booking.
Electronic confirmation does not replace the procedure established by the Entity for access to keys, lockers or storage areas. The User will follow the instructions received to collect the bicycle and its accessories.
6.3. Starting and riding
Before use, the User will carry out the basic visual and functional check indicated in the training or instructions received, paying attention to brakes, tyres, visible damage and, for e-bikes, the available charge. This check does not replace technical inspections or professional maintenance.
If they detect a defect that could compromise safety, they will not start the trip, will report the incident and will follow the fleet manager’s instructions.
The User will record the start of the trip using the feature provided. The booking only authorises use during the permitted period and for the permitted purpose. Extensions must be requested through the available mechanism or from the fleet manager; they will not be presumed to be granted.
6.4. Ending the trip and returning the bicycle
The User will return the bicycle and its accessories at the place, within the time and under the conditions established, lock it correctly and return the keys in accordance with the Entity’s procedure.
When finishing, they will record the end of the trip and report the distance travelled, the battery level where applicable and any incidents using the fields provided. They must enter truthful data and, if they do not have a piece of information or notice an error, ask for assistance rather than make it up.
Ending the trip on the Platform does not replace the physical return, and the physical return does not replace recording the end of the trip. If the system fails or one of these actions cannot be completed, the User will inform the fleet manager so that the return can be documented and regularised.
6.5. Delays and contingencies
The User will report as soon as possible any delays, inability to return the bicycle or any circumstance affecting subsequent bookings. The Entity’s instructions for a safe return will be followed.
If the Platform is unavailable, use of the fleet may only continue through the alternative procedure authorised by the Entity. The information will be entered later where appropriate, recording the relevant circumstances.
7. Obligations of the fleet user
The User must:
- Use the bicycle exclusively for authorised purposes and journeys and comply with the traffic rules of the place of use.
- Follow the training and instructions on protective equipment, handling of e-bikes, safekeeping and battery charging.
- Check that they can handle the bicycle safely, make only permitted adjustments and ask for help if the bicycle is not suitable.
- Adapt their riding to traffic, surroundings and weather conditions, and stop using the bicycle if they cannot continue safely.
- Look after the bicycle, keys and accessories diligently and use the indicated anti-theft systems.
- Report accidents, damage, faults, losses or thefts as soon as possible and cooperate in documenting them without putting themselves at risk.
- Return the items in the condition received, except for ordinary wear and tear and authorised adjustments, and report any damage detected.
It is prohibited to hand the bicycle over to unauthorised persons, to ride it under the influence of substances that impair riding, to tamper with its safety or assistance systems, to carry out unauthorised repairs or to use it in competitions or non-permitted activities.
Carrying passengers, loads or trailers is only permitted when the bicycle is designed and equipped for it, the Entity authorises it and applicable law is respected.
In an emergency, the User must prioritise their own safety and that of others and contact the local emergency services. The Platform and its support are not an emergency service.
Any claim for damage, traffic fines or breaches must be examined in light of the facts, the applicable cover and the legal framework. These Terms do not authorise salary deductions, automatic charges or disciplinary sanctions, nor do they alter the User’s employment or statutory rights.
8. Insurance
The User must follow the instructions provided by their Entity regarding the cover applicable to the use of the bicycles and the reporting of accidents, damage, losses or thefts. If in doubt, they should consult the fleet manager.
Using the Platform does not in itself mean that the User has taken out insurance. The existence and scope of cover will depend on the policies actually in force, their conditions and the authorised use of the bicycle.
The User will report incidents as soon as possible and cooperate in documenting them through the indicated channels. Recording an incident in Fleet does not replace any additional notifications required under the claims procedure communicated by the Entity.
Deductibles, exclusions or insufficient cover will not be passed on to the User automatically merely because they hold a booking. Any liability that may apply to them will be determined in accordance with the law and the circumstances of the case.
9. Cancellation policy
The User will cancel bookings they will not use as soon as possible, using the option provided or by contacting the fleet manager if they cannot do so on the Platform.
Changes are subject to availability and to the previously communicated operational rules. The User must check that the change or cancellation has been recorded. A booking will not be presumed cancelled automatically because the bicycle was not collected.
The Entity may cancel or reorganise bookings for reasons of safety, faults, maintenance or justified service needs, informing those affected as soon as possible. BIKEWAVE may intervene where necessary to protect the safe operation of the Platform or to follow valid instructions from the Entity.
These Terms do not establish any charges for cancellation, delay or no-show. Repeated misuse of bookings may lead to a review of access authorisation in accordance with section 11, without prejudice to the User’s rights.
10. Personal data protection
Personal data will be processed in accordance with applicable law and with the information in the Bikewave Fleet Privacy Policy and, where applicable, the privacy information provided by the Entity, both available as separate documents.
In that information the User can find out who is responsible for each processing operation, what their data is used for and how to exercise their rights.
Accepting these Terms does not constitute general consent to the use of their personal data, nor does it replace any specific consent that may be required.
11. Term and amendments
The User may use the Platform for as long as they remain authorised by their Entity and the service is available to it.
The Entity may withdraw access when the authorisation of use ends. BIKEWAVE may temporarily restrict access to contain a security threat, unlawful use or a material breach, or to carry out valid instructions from the Entity. Such measures must be proportionate to their cause.
The User will be informed of the reason for and scope of the restriction where legally possible and where doing so does not compromise security. Unless urgency requires immediate action, the User will be given the opportunity to clarify or remedy the issue. The User may request a review from the fleet manager or BIKEWAVE, and access will be restored once the cause no longer exists, unless there is another legitimate reason to maintain the restriction.
Loss of access does not remove the obligation to return any bicycle, keys or accessories in the User’s possession. In that case, they must arrange the return with the fleet manager.
BIKEWAVE may update these Terms to reflect changes in legislation or in how the service operates. Material changes will be communicated with reasonable notice, stating their effective date, and acceptance will be obtained where required. They will not have retroactive effect or reduce rights granted by mandatory rules.
12. Comments and feedback
Any fields provided for incidents, comments, surveys or suggestions must be used for their intended purpose and with relevant, respectful and truthful information.
Users will avoid including unnecessary personal data, medical information, accusations unrelated to the incident or content that infringes the rights of third parties. Comments will be directed to authorised persons in accordance with the service permissions.
BIKEWAVE may restrict content that is manifestly unlawful or compromises security, coordinating with the Entity where appropriate and preserving the records needed to investigate incidents or meet legal obligations. Legitimate disagreement or criticism will not in itself constitute a breach.
Feedback or survey responses will not be published as identifiable testimonials or used as marketing material without sufficient authorisation.
13. User support
For questions about authorisation, bookings, keys, collection, return, bicycle condition or rules of use, the User should contact the fleet manager appointed by their Entity.
For questions and technical incidents relating to the Platform, they may contact BIKEWAVE via:
- Email: fleet@bikewave.es.
- Post: Avenida de la Reina Victoria, 39, 5D, 28003 Madrid, Spain.
- Any additional support channels communicated to them.
To help with the request, they should state their Entity, the bicycle code where applicable, the date and a description of the incident. They must not send passwords or unnecessary personal information.
BIKEWAVE will handle requests diligently through the channels provided. In an emergency, the User must contact the local emergency services directly.
14. Dispute resolution
The User may submit questions or complaints through the channels in the previous section, without prejudice to their right to go to the competent authorities or bodies. Submitting a query to support does not suspend the legal time limits for filing complaints or appeals.
Disputes relating to access to and use of the Platform will be resolved in accordance with the law and before the bodies that are competent according to the nature of the matter and the applicable rules. The User is not required to waive any jurisdiction or rights to which they are legally entitled.
These Terms do not alter the User’s employment or statutory relationship with their Entity, nor do they entail a waiver of employment rights, data protection rights or other non-waivable rights.
If any provision is declared invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.