In consideration of Your use of any of the Citi Bike® Services (defined below), You (“Subscriber”, “You”, or “Your”) agree to all terms and conditions in this Rental Agreement. In order to rent a Bicycle, You must also agree to the terms of the Liability Waiver, Release, Indemnification, and Voluntary Assumption of the Risk (“Release”). The Citi Bike “Services” are composed of several elements, including (1) Bicycle stations and associated street treatments such as wheel stops, kiosks, flexible delineators and pavement markings (“Stations”), (2) automated pay stations (“Pay Stations”), (3) separate stands that allow the docking of Bicycles (“Bike Docks”), (4) Citi Bike bicycles, including Citi Bike electric pedal-assist bicycles and Citi Bike dockless bicycles (collectively, "Citi Bike bicycles" or "Bicycles"), (5) Citi Bike mobile application (“Mobile Application”) and Citi Bike websites, citibikenyc.com and citibikejc.com (collectively, the “Website”) (the Mobile Application and the Website, collectively, the “Platform”), and (6) all related equipment, personnel, and information.
You may use the Citi Bike Services in either New York City or Jersey City, regardless of where you have purchased Your subscription, but You may not transport a Citi Bike bicycle between New York and New Jersey or vice versa, as provided in Section 5. In New York, the Services are provided to you by NYC Bike Share, LLC (“NYCBS”) and in Jersey City, the Services are provided by Jersey City Bike Share, LLC (“JCBS” and, together with NYCBS, “Bike Share”).
Section 1 Subscription Fees.
Long-Term Subscriptions. You may subscribe to a one-year membership (“Annual Membership”), or as described below a short-term subscription. When You subscribe, You agree to be charged the membership fee plus any usage or surcharge fees as described in Section 2 that You incur. The Annual Membership fee and usage and surcharge fee amounts are listed on the Platform and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Bike Share. Your subscription becomes valid and active upon purchase.
All Annual Memberships will be enrolled in the Auto-Renew feature by default unless You opt out of the Auto-Renew feature by deselecting the “Auto-Renew Membership” box found on the profile page within the member area of the Website.
Short-Term Subscriptions. When You purchase a short-term subscription to the Service, You agree to be charged the subscription fee plus any usage fees as described in Section 2 that You incur, and You agree that Bike Share may place a security deposit hold on Your credit or debit card of $101. The short-term subscription fee amounts are listed on the Platform and on the Pay Station and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Bike Share. The costs for a short-term subscription and any usage fees will be charged at the end of the subscription period. The amount of the security deposit could remain on Your credit or debit card account for an amount of time to be determined by Your bank's policies regarding holds. You may purchase up to four short-term subscriptions (providing access to four subscribers) on each credit or debit card. Bike Share may place additional $101 security deposit holds on Your credit or debit card for each additional short-term subscription and You will be charged all applicable fees for the use of the Citi Bike bicycles with the short-term subscriptions purchased with Your credit or debit card. Your subscription becomes valid and active upon purchase.
Section 2 Usage and Surcharge Fees.
Your Ride Time will be calculated beginning when You unlock a Bicycle. If You end Your rental by returning the Bicycle to a Bike Dock or engaging the on-board lock (if any) within the initial free ride period applicable to Your subscription type (“Initial Free Ride Period”), no usage fee will be charged. If You do not end Your rental within the Initial Free Ride Period, You will be charged the applicable usage fees on the Platform or displayed at the Pay Stations, which are subject to applicable sales taxes and other local government charges. If You are an Annual Member, You will not be charged more than $100 per ride in usage fees, plus applicable sales taxes and other local government charges. After ending Your rental, You may rent another Bicycle, but only after a waiting period of up to 2 minutes.
Use of certain Bicycle types, such as electric pedal-assist bicycles, may incur surcharges at amounts listed on the Platform and on the Pay Station. If You ride a Bicycle that incurs a surcharge, You will be charged the surcharge in addition to any other applicable subscription and usage fees.
If You have any dispute regarding a chargeable trip, then You must, within 10 business days of Your receipt of Your statement containing the disputed charge, provide to Bike Share all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.
Section 3 Lost or Damaged Bicycles; Additional Fees.
The Ride Time data generated by the Services’ computer is conclusive evidence of the period of Your use of a Bicycle. Your use of the Services is limited to a period of 48 consecutive hours. Any use that exceeds a period of 48 consecutive hours is deemed a disappearance of the Bicycle, until the Bicycle is found or returned to a Bike Dock. If the Bicycle rental is not ended within a period of 48 consecutive hours, then the Bicycle is deemed lost or stolen, Your credit or debit card will be charged a lost bike fee of up to $1200, and a police report may be filed with local authorities. You must return the Bicycle in the same condition in which You rented it. If the Bicycle is returned to a Bike Dock damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Bicycle is not returned or is returned in a damaged state. Bike Share will attempt to contact You via telephone before charging Your credit or debit card, by using the contact information You provided when purchasing access to the Services. For any disappearance of a Bicycle that was released using Your subscription, You must report the disappearance to the local police department and to NYCBS or JCBS, as applicable, within 24 hours following the disappearance.
If Your system key is lost or damaged, a replacement may be obtained by navigating to help.citibikenyc.com and reporting the loss or damage. A replacement fee of $10 will be charged, and a replacement key will be mailed to Your mailing address of record. Alternatively, You can use the Mobile Application to unlock Bicycles and ride without a key. All fees are subject to applicable sales taxes and other local government charges.
Section 4 Credit/Debit Card Matters.
You must input a valid credit or debit card number and expiration date before You will be registered to use the Services, and You must maintain a valid credit or debit card throughout the duration of Your Annual Membership. Participating card networks are shown on Pay Stations and the Platform. You represent and warrant to Bike Share that You are authorized to use the credit or debit card. You authorize Bike Share to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Bike Share within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Bike Share of all changes relating to Your credit or debit card and update Your member profile on the Platform. If the credit or debit card connected to Your Annual Membership becomes invalid at any time and You do not replace it on Your member profile with a valid credit or debit card, Bike Share may suspend Your Annual Membership.
Section 6 Bicycle Safety Inspection.
Before each use of a Bicycle, You must conduct a safety inspection of the Bicycle, which you acknowledge you are competent to do, and which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. If the Bicycle You are using is an electric pedal-assist bicycle, You should also confirm that the battery is locked securely in place in the frame of the Bicycle. You may not ride the Bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify NYCBS or JCBS, as applicable, of all problems and issues and use a different Bicycle. You agree to press the “Faulty Bike” button within 1 minute after docking or locking any Bicycle that You notice has any mechanical or other problem or safety issue. For a Bicycle that is equipped with an on-board lock, you agree to press the “Faulty Bike” button in the Mobile Application within 1 minute after locking any Bicycle that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Bicycle.
Section 7 Returning Bicycle.
To return a Bicycle that is not equipped with an on-board lock, You must secure it into an available Bike Dock. When the Bicycle is correctly docked, a sound signal will be emitted, and the signal light will turn yellow and then green, to confirm that the Bicycle has been properly secured to the Bike Dock. If the Bicycle is not properly secured to the Bike Dock, then the signal light will turn red, and a longer signal sound will be emitted. If the signal light turns red, then You must repeat the operation until the signal light turns green and the Bicycle is properly secured in the Bike Dock. If after several attempts the signal light does not turn green, then You must return the Bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then You must push the “Time Credit” icon on the Pay Station screen to obtain an additional 15-minute credit in which to return the Bicycle to another Station. No fee is charged for the additional 15-minute credit. Any Bicycle that is not properly secured remains Your sole responsibility, and the usage fees described in Section 2 will be charged until the Bicycle is properly secured.
Section 8 Helmets; Safety.
Bike Share strongly recommends that all users of the Services wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. NYCBS, JCBS AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND YOU AGREE THAT NYCBS, JCBS AND THE OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY SUFFERED BY YOU WHILE USING ANY OF THE SERVICES, WHETHER OR NOT YOU ARE WEARING A HELMET AT THE TIME OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR. You agree that, when using any of the Services, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
“Released Persons” or “RELEASED PERSONS” means, collectively, (i) NYCBS, JCBS and all of its and their owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City of New York, (iii) the City of Jersey City, (iv) Citibank, N.A. and all of its affiliates and all of its and their owners, officers, directors, employees, agents, representatives, successors, and assigns, (v) MasterCard International Incorporated and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (vi) any lender to Bike Share and all of such lender's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (vii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (viii) every holder of property on which is located a Station and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
Section 9 New Jersey Helmet Law.
New Jersey state law requires a bicycle rider under 17 years of age to wear a helmet. In order to purchase a short-term subscription in Jersey City for a rider who is under 17 years of age, the rider’s parent or legal guardian must certify that the minor rider is wearing a helmet. Bike Share provides helmets to Annual Membership Subscribers under 17 in reliance on the date of birth information provided at enrollment. You represent and warrant that the information You provided is accurate.
Section 11 Limitations on Availability of Services.
Bike Share makes every effort to provide the Services for 365 days per year; however, Bike Share does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Bike Share from providing the Services from time to time. Access to the Services also is conditioned on the availability of Bicycles and available Bike Docks at each Station. Bike Share does not represent or warrant the availability of any Services or the availability of any Bicycles or Bike Docks at any Station. No sponsor of Citi Bike has any responsibility for providing any Services. You may use the Platform to check the inventory of Bicycles and Bike Docks available at a Station. You agree that NYCBS or JCBS, as applicable, may require You to return a Bicycle at any time.
Section 12 Term and Termination.
The term of this Rental Agreement begins when You first access the Services, and ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 4 of this Rental Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your subscription. At any time and from time to time, and without Your consent, Bike Share may unilaterally terminate Your right to use any of the Services, in Bike Share’s sole discretion and without any notice or cause. For the avoidance of doubt, the terms of this Rental Agreement apply to any renewal of Your Annual Membership and to any short-term subscriptions You purchase subsequent to Your initial subscription.
You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Bike Share, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Rental Agreement is terminated.
If You have opted out of the auto-renewal feature, then starting thirty (30) days before and no later than one (1) year after the expiration of Your Annual Membership, You may renew the Annual Membership on the Platform, under the “Member Login” heading. If the Annual Membership is not renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new Annual Membership. The Annual Membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if You breach this Rental Agreement, as decided by Bike Share in its sole discretion.
Section 13 Notices.
You may contact Bike Share by writing, calling or emailing at the address listed below:
548 Market Street, #68514
San Francisco, CA 94104
Customer Service: 1-(855) BIKE-311
customerservice@citibikenyc.com
Section 14 Choice of Law; Dispute Resolution.
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of New York State, excluding principles of conflicts of laws. For every dispute regarding this Rental Agreement: (i) each party consents to the jurisdiction of the courts of New York State and agrees that those courts have personal jurisdiction over each party; (ii) venue must be in New York State; and (iii) the parties must submit the dispute to mandatory mediation held in New York State. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
Section 15 Waivers.
No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
Section 16 Privacy Policy.
Bike Share’s collection and use of personal information in connection with the Services is as provided in our Privacy policy, located at http://www.citibikenyc.com/privacy.
Section 17 Cumulative Remedies.
All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right, remedy or defense provided by law.
Section 18 Final Agreement; Modification by Bike Share.
This Rental Agreement and the Release contain the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement and the Release supersede all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Bike Share may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Rental Agreement.
Section 19 Severability.
If a court deems any provision of this Rental Agreement illegal or otherwise unenforceable for any reason, You agree that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.
I certify that I am the person renting a Bicycle, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.
OR
I certify that I am the Parent or Legal Guardian of the Subscriber, who is 16 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement on behalf of myself and the Subscriber, and I authorize the use of the Services by such minor Subscriber.
December 16, 2019