Last Revised: May 08, 2023
PLEASE REVIEW THE PDL CLUB TERMS OF SERVICE BEFORE THE APPLICATION TO USE THE SERVICES AS AN “OWNER”.
The following provisions apply if you list a bicycle for rent using the Services:
Account and Listings
When you register for a PDL Club Account, you will identify the bicycle(s) that you want to list for rent through the Services. You agree and understand that PDL Club may require documentation, acceptable at their discretion, sufficient to demonstrate that your bicycle is legally owned and that you have legally purchased it. At this time, the only bicycles that may be rented through the Services are premium road bicycles, mountain bicycles and gravel bicycles. A premium bicycle is defined as a bicycle with an estimated market value greater than $3,500.
You agree and understand that your continued registration through the Services requires your continued assistance in maintaining quality in the PDL Club community. This means that listings created shall be accurate and include pictures and documentation (Make, Model, Year and Component Details) along with any other information suggested in the Bicycle Listing Guidelines. Listings deemed to be inaccurate or deceptive may be reported and require correction. Failure to do so may result in suspension or termination of your account. You agree and understand that the Services are provided for you to enter into a reservation and rental agreement with Renters. PDL Club provides administrative support in this process, including model Reservation Agreements and maintenance of the Services. PDL Club is not a party to the agreement between Users, nor do we provide legal advice beyond providing a template for recording agreements between Users. PDL Club does not undertake to warrant the sufficiency or accuracy of information as communicated between Users, however, PDL Club reserves the right to terminate or suspend PDL Club Accounts deemed to violate the incorporated Terms.
Owner Commitments
As an Owner, you commit that you will provide a safe and legally obtained bicycle and in good mechanical condition. You will provide such a bicycle on time but only to a Renter who is listed on the Services as the Primary Rider for the rental. You commit that your listings will be complete and accurate, and you will honor all representations made in your listings. You will not offer any bicycle or optional Extra(s) that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, helmets, pedals, bicycle computers. You will not offer any Extra(s) that is not safe, clean, and acceptable for the use it is intended. You will not offer any bicycle that is the subject of a missing or stolen bicycle police report. You will not offer any bicycle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a bicycle that is not roadworthy in the location where it is shared, and it will not have any illegal modifications to any part of the bicycle.
Additionally, as an Owner, you represent and warrant that (i) you own or have all the necessary rights, consents, and authority to permit the bicycle you submit to be used as contemplated by the Service; and (ii) the use of the bicycle you submit as contemplated herein will not violate any rights of a third party or any agreement with respect to such bicycle, including any financing agreement.
Reservation Procedures
Upon receipt of the reservation request by Renter, you as an Owner should respond in a timely fashion. In the event the reservation request does not include all required or requested information, PDL Club requires that you contact Renter, and ensure that the Parties agree to the reservation, and are in compliance with the Terms. Through the User dashboard, the Renter will receive the address for the pick-up of the bicycle at the start of the rental period.
Pick-up and Rental Procedures
Prior to pick-up, the Owner is required to inspect the bicycle and perform any required safety maintenance (i.e., ensuring chain, battery levels (if applicable), tire condition, and air-pressure levels are acceptable). You must deliver the bicycle and all rented gears to the pick-up point that you have provided at the registration. Before you initiate the pick-up process, please make sure that the Renter has completed the online check-in. At the time of pick-up, you shall be responsible for confirming all terms of the reservation, including the identity of the Renter. You shall be responsible for receiving a copy of Renter’s valid government identification. If the Renter fails to present a valid identification, you should not continue with the pick-up.
If Renter does present a valid identification and all terms of the reservation are confirmed, you must verify the identity of the Renter and make sure all information is correct and valid before you provide the Renter with your bicycle. You must ensure the valid identification matches the name on the reservation and that the person picking up the bicycle appears to match the photograph on a facially valid identification. Please take pictures of this identification next to the face of the Renter.
The Renter may request additional Extras and/or upgrades be added or removed from their reservation in which you may have the opportunity to do so. Based on the type of changes made, an increase in the balance or refund may be due to the Renter. Your renter must fulfill any and all payments of balances owed before the rental period.
You are required to take photos of the bicycle during pick-up to ensure proper documentation of the condition of the bicycle before the start of the rental period. It is a violation of the Terms by not doing so. You are required to complete the Safety Check Inspection during the pickup process. If the bicycle fails the safety check, the reservation must be canceled. Please instruct Renter on the basics of operation SPECIFIC to your bicycle, including operation of the shifting, and any other instructions particular to the bicycle being rented. Be sure to re-state maintenance requirements during the Rental Period, and be sure Renter understands them. You must validate the Renter’s riding ability, make sure he/she is comfortable with riding the bicycle.
During this period, a booked Reservation shall NOT have converted into a Rental unless all conditions precedent have been performed, meaning terms of your Reservation Agreement, and PDL Club Terms are satisfied. As a practical matter, this means if you detect any obvious or likely possibility of Renter engaging in Prohibited Activities as listed in the Renters Terms, PDL Club permits you to make a judgment call. Intoxication or lack of skill sufficient to safely operate the bicycle should be apparent. Understand that no liability will attach to the Owner for negligent entrustment if apparent impediments to the safe operation are apparent.
However, do understand that Renter may have recourse through the Terms, the Parties have accepted to submit to an informal dispute resolution process. You will still be paid their reservation fee; however, PDL Club reserves the right to review your Owner account if a pattern of unwarranted cancellations and unfavorable disputes are detected. If no obvious violations of the Terms or your Reservation Agreement between Renter and Owner are detected, then the reservation will be allowed to convert to a Rental.
Drop-off Procedures
At the time your bicycle is returned, be sure to document any perceived damage to the bicycle beyond wear and tear, additionally please ask the Renter how the Rental went. Make note of any problems or complaints they may have had and, to the extent possible ensure any wear and tear or conditions presented are remedied before completing a subsequent reservation through the Services. You are required to take photos of the condition of your bicycle at drop-off.
PDL Club Owner Protection
In the event that your bicycle is damaged, lost, or stolen during the rental period by the Renter, then subject to the other terms and conditions contained in these Terms, PDL Club agrees to reimburse you, the Owner, for your out-of-pocket repair or replacement expenses, up to a maximum amount of $3,000 per bicycle (“Owner Protection”). Owner Protection excludes, and in no event will PLD Club be liable for, minor damage such as scratches, scuffs, stains, dents or cuts to rented bicycles resulting from normal wear and tear or the use of the bicycle in the ordinary course of business, nor for any party’s loss of use of the bicycle or loss of business or business opportunity. You must comply with all of the conditions, limitations, and exclusions contained in these Terms in order to be eligible for Owner Protection. PDL Club reserves the right to seek recovery for its own losses under this section from the responsible Renter.
There is no fee for Owner Protection; PDL Club’s Owner Protection is provided to all PDL Club Owners free of charge. However, if you wish to opt-out of your Owner Protection, you may do so at any time by providing us with written notice at support@pdl.club. No reimbursement of any fees of any kind will be provided to you if you choose to opt-out of your Owner Protection.
Reporting Physical Damage to Bicycles
If there is physical damage, and/or you believe that Renter has caused any damage, to your bicycle, you are required to report that damage to PDL Club as soon as you become aware of it (and in any event, no more than 24 hours after the end of reservation) and to provide reasonable cooperation in the review of the damage so that it can be eligible for reimbursement. Based on the review, PDL Club, third-party administrators, or commercial owners and their administrators will reasonably determine, in their sole discretion, whether the damage occurred during the reservation period and is eligible for reimbursement. If it is, you will be reimbursed for the loss as described in these Terms. If PDL Club and Commercial owners are not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the review by PDL Club, third-party administrators, or commercial owner and their administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
Late Drop-off Fee and Additional Charges
Renters have up to a 59-minute grace period for late drop-off. If the Renter returns the bicycle after one hour, you can charge the Renter an extra usage charge per hourly rate (25% of the daily rate). The total charge for each additional day cannot exceed the daily rate. In addition, you can add a flat penalty fee which must not exceed the daily rate either. Additional usage charges may apply for Extras that were purchased on the reservation. You will be allowed to modify the charges only for those which are offered by you and not PDL Club. You must inform the Renter and make sure the Renter is aware of the changes. The Renter will be responsible for any and all balances, charges, fees, etc., due at drop-off.
Reimbursements
You can issue reimbursements to Renters if needed. However, the cumulative refundable amount must not exceed your earning share of the booking.
Rental Rate
You will have the ability to set and revise the bicycle’s pricing as you choose. PDL Club will pay you the amount collected from the Renters, less the applicable fees payable to PDL Club. To the extent you owe PDL Club money for any reason, PDL Club also reserves the right to debit your account or deduct those amounts from your future bookings or charge any form of payments we have on file in your PDL Club Account.
Payment Processing
You authorize PDL Club to obtain access and perform all necessary activities to collect the payment(s) for the sharing of your bicycle. You further agree to provide accurate and complete information about you and authorize PDL Club to facilitate the payment processing services.
Host Fee
Private Owners enjoy 80% of the daily rental revenue, including any extras you charge for. Commercial hosts working with PDL CLUB’s Protection Plan (defined below) keep 80% of the daily rental revenue, and Commercial hosts with their own commercial insurance keep 85% of daily rental revenue. PDL Club uses the Host Fee to cover our insurance, marketing, support, customer service, and more.
Taxes & Fees
You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. Further, some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While PDL Club does not believe that rental bicycle permits should apply to peer-to-peer bicycle sharing, not all federal/state/local authorities agree with this position.
Maintenance
You are required to regularly check your bicycle for any defects in its operations or safety. You must keep your bicycle in a safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection requirements. You will only list bicycles of which you are the rightful owner of. You agree to respond to any applicable recall or similar safety notices and complete any recommended action before allowing your bicycle to be booked. Besides, if PDL Club believes that your bicycle does not conform to reasonable standards, PDL Club may notify you and reserves the right to remove or decline to list your bicycle until its concerns have been resolved. Plus, all existing bookings for this bicycle will also be canceled. PDL Club may, but does not commit to, undertake efforts to ensure the safety of bicycles booked through the Services.
Incident Reporting
You must immediately, and in any event not more than 24 hours after the rental period ends, report any discovered damage to the bicycle to PDL Club or commercial owners. If there has been an accident or collision with a third party, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide PDL Club, third-party claims administrators, or commercial owners with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by PDL Club, third-party claims administrators, Commercial owners, or insurers. After an incident, you may not continue to use the bicycle unless you have the explicit written permission of PDL Club or commercial owners. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any Owner Protection provided via the Services.
Damage Limitations (Renter only)
Notwithstanding anything contained in these Terms to the contrary, PDL Club, and its insurers and producers or commercial owners are not responsible for any optional Extras or any personal property, including any detachable equipment (e.g. computer, radar lights, etc.), that are taken from your bicycle or damaged during a reservation period. We recommend that you remove all detachable property before making the bicycle available for a reservation. In addition, you should expect normal wear and tear on your bicycle and optional Extras, including minor scrapes and dings, in connection with your participation in the Services. PDL Club or Commercial owners will not reimburse you for normal wear and tear to your bicycle unless specifically stated herein. Any Owner Protection and/or other protection or insurance you carry may be voided if you violate these Terms, our policies, and/or submit misleading or inaccurate information about your bicycle when listing it for sharing on the Services (for example, falsely representing the make, model, or year of the bicycle).
Other Legal Matters
In addition to the terms and conditions herein, you agree to comply with any and all applicable laws and regulations. Where permitted by law and where you opted for a protection plan made available to you via the Services by PDL Club you hereby appoint PDL Club as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable protection or insurance policy, and/or working with law enforcement, Renters, riders, or private entities to recover the unreturned or impounded bicycles. PDL Club and Commercial owners, including their insurance agencies, may obtain insurance through a third-party provider or may choose to self-insure subject to all applicable laws and regulations. You agree to provide PDL Club or commercial owners with information regarding your policy’s coverage as may be requested. You must inform PDL Club or commercial owners promptly in the event information previously provided changes.
Indemnification
Subject to the other terms contained above, in the event of any claim for a loss or injury that occurs during the use of your bicycle by a rider (or by PDL Club itself), subject to your compliance with these Terms and the Policies, PDL Club or its insurers and Commercial owners, including their insurance agencies, will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance or those contained within such protection plan or insurance, against such claims as required by applicable law. In connection with any indemnified claim, you are required to: give PDL Club or its insurer s prompt written notice of the claim; allow PDL Club Commercial owners, including their insurance agencies, sole control over the defense of the claim; and reasonably cooperate with PDL Club or Commercial owners, including their insurance agencies, in the defense of the claim, at PDL Club’s or Commercial owner’s expense. If PDL Club or an insurer reimburses you for a lost or damaged bicycle and you later receive payment for some or all of your bicycle from a third party (e.g., a third party insurance company or restitution), you must reimburse PDL Club or the commercial owner providing the insurance any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by PDL Club or the commercial owners.
Missing Bicycles
If your bicycle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, the Owner, must immediately contact a PDL Club representative and follow his or her instructions, including cooperating with PDL Club, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by PDL Club to file a police report, you must do so within 24 hours of receiving those instructions and provide a copy of the report to us. Failure to do so may result in the voiding of any applicable Owner Protection.
Additional Terms for Commercial Owners
Subject to applicable law, a commercial owner may provide its own insurance, collision damage waiver, or protection plan to its Renters. A commercial owner with its own insurance should define and collect the security deposit by themselves.
When you provide your own insurance/protection plan, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any protection plan normally offered via the Services, including but not limited to the Owner Protection, to you or any Affiliates, your bicycles, and any guests or approved riders of all of the bicycles you list on PDL Club. You, as the owner, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your bicycles through PDL Club. You shall carry no less than the minimum applicable liability and/or physical damage insurance for your bicycle and your renters. When you provide your own insurance/protection plan, you represent and warrant that you are a licensed commercial bicycle rental company or you are an individual or other company that can offer legal commercial bicycle rental insurance or protection plans to renters.
You further acknowledge and agree that you shall receive no protection or coverage from PDL Club, or any affiliates, other than those explicitly state herein, including but not limited to financial responsibility for physical damage, third-party liability protection, or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your bicycle. These provisions replace and supersede any written or oral representation made by PDL Club, or those acting on behalf of PDL Club, including but not limited to statements made in the Services, these Terms, Help Center, Policies, emails, marketing materials, insurance, or roadside assistance otherwise offered to Owners and Renters.
PDL Club reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial bicycle rental company and have the ability to offer commercial bicycle rental insurance to renters/riders of your bicycles. If PDL Club has any concerns in this regard, you agree that PDL Club can automatically, and in its sole discretion, exclude any or all of your bicycles from the Owner Protection or any other protection plan or insurance provided via our Services, along with any associated fees (if offered in your region), and may remove your bicycle listings or suspend your PDL Club Account.
If you lose the ability to offer commercial rental insurance to your renters (for example, your policy has been canceled or nonrenewed), you must immediately change the status of your bicycle. If the change is temporary, you can deactivate your bicycle(s). If you need to permanently change the protection plan applicable to your bicycle(s) to a protection plan made available via the Services (including the Owner Protection), contact us at support@pdl.club. Never let a renter pick up a bicycle or continue to use a bicycle without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise renters with hidden costs or requirements at pick-up. PDL Club reserves the right, in its sole discretion, to exclude any or all of your bicycles from the Owner Protection or any other protection plan provided via our Services, remove your listings, or suspend your PDL Club Account for failure to be transparent with renters about fees, costs, and requirements in your bicycle listing page.
You shall defend, indemnify, and hold PDL Club, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your renters, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any bicycles, including without limitation, any bicycle damage, personal injury or property damage where you have declined the Owner Protection or any protection plan made available via the Services or one is not available in your region.