Last Revised: May 08, 2023
PLEASE REVIEW THE PDL CLUB TERMS OF SERVICE BEFORE THE APPLICATION TO USE THE SERVICES AS A “RENTER”.
The following provisions apply if you rent a bicycle using the Services as the primary rider and not a third party rider:
Commitments
You, as a Renter, commit that you will be a responsible rider and provide proof to the Owner or via the Services of a current, valid government identification. You will treat the bicycle and any applicable Extras well and will take all reasonable measures to return the bicycle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than the person listed in the trip details as a Primary Rider (“Renter”) to ride the bicycle you rented.
Fees and Fines
You are responsible for paying all fees when they come due. You hereby authorize PDL Club to charge any payment methods on file in your User Account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any fines (e.g., violations) incurred during the rental period. All fines and fees (e.g., service fees, usage fees, etc.) are subject to change at any time without notice.
Renter Responsibility
Your financial responsibility is Primary. You are financially responsible for all physical damage to, loss, or theft of a booked bicycle that occurs during a trip, plus any additional costs and fees resulting from or incidental to damage of any kind to the bicycle, regardless of who is found to be at fault. This responsibility applies to whether you possess bicycle protection or not.
You may be protected against damage to the booked bicycle under PDL Club’s bicycle protection policies or third-party provider in the event that you are renting from a Commercial Owner with its own insurance. When you book a bicycle on PDL Club, you agree that if any damage occurs to the booked bicycle during the booked trip, you will cooperate with PDL Club or a Commercial Owner to make a claim for coverage under any protection or policy of insurance that applies to the loss. You can limit the amount you are obligated to pay out of your own pocket in the event there is damage to the booked bicycle during the booked trip by choosing a Protection Plan on the Services as described below (if available at the time of booking).
Concerning damage, losses, or other liabilities incurred during the rental period, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal bicycle insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any Protection Plan you select when booking a bicycle, to the extent offered, is secondary to any insurance coverage you may carry and will not be available to you until your personal insurance has been exhausted. Also, the Protection Plan you select when booking a bicycle, if any, may not be available to you in the event you breach your obligations under these Terms.
Subject to the coverage and protection available to you, you acknowledge and agree that you are fully responsible for any damage, losses, or other liabilities relating to your activities through PDL Club during the rental period. You agree that in the event damage is reported, PDL Club may immediately charge you up to the amount stipulated in the Protection Plan you selected when you booked the bicycle. Nothing in these Terms is intended to limit your responsibilities or PDL Club’s legal rights in connection with your use of the Services. You acknowledge that PDL Club may, in its sole discretion, require and hold a deposit as part of the reservation of a bicycle.
You understand and agree that PDL Club or the Owner, or third-party insurance companies or producers acting for the benefit of PDL Club and/or the Owner, will arrange for or provide primary liability insurance for the Owner and that you, as the Renter, will not look to the Owner or the Owner’s insurance policy for coverage, in accordance with our Terms and all applicable bicycle sharing statutes. You are fully responsible for paying any damage to the bicycle, subject to any Protection Plan you selected, as well as deductibles, contributions, fees, expenses, liens, or fines arising out of your use of a bicycle booked through the Services. If PDL Club advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to PDL Club’s schedule for repayment of those amounts to PDL Club.
PDL Club Protection Plan
The terms contained in this Protection Plan section (“Protection Plan”) are applicable to you, the Renter, only if you choose or have chosen to purchase a Protection Plan. Purchase of a Protection Plan is NOT mandatory to your use of the Services. Your Protection Plan is solely for your benefit with no third-party beneficiaries, it is not assignable by you, and it only applies to you during your use of the rented bicycle and the PDL Club Services.
If you purchased a valid Protection Plan, then subject to these Terms and the “Protection Plan Limitations” section below, PDL Club agrees to waive your responsibility under Subsection 3 of the Section titled “Bicycle Damage” below for your accidental physical damage to, or loss of, the bicycle during your rental period (collectively, “Damage” or “Damages”), up to a maximum amount of USD $3,000 (three-thousand dollars) (the “Maximum Amount”). In addition, you are responsible for, and PDL Club will not waive, up to and including the first $200 of Damages. By way of example only, if you report to us $1,000 in damage, you will be responsible for paying $200 and PDL Club will pay $800. PDL Club reserves the right to deduct this amount from your Security Deposit as defined below. You remain and accept responsibility for all excess or other Damages exceeding the Maximum Amount.
You may opt-out of your Protection Plan at any time prior to the start of your rental by contacting PDL Club at support@pdl.club.
Protection Plan Limitations
Notwithstanding the section above, the terms “Damage” and “Damages” exclude, and PDL Club will not waive, any costs incurred by any party arising from or as a result of any of the following:
• Loss or theft of a bicycle if the bicycle was locked outside overnight.
• Loss or damage to a bicycle occurring outside of your applicable rental period.
• Loss or damage to a bicycle occurring as a result of competitive races or events.
• Loss or damage to a bicycle when in operation by any party other than you, the Renter.
• Loss, damage, or theft of a bicycle caused by acts of God, terrorism, pandemic, or other similar incidents.
PDL Club Obligations
PDL Club does not act as Insurer, Payment Processor, nor are we a party to Users contracts. Our responsibility is to maintain the Services and provide administrative services to ensure their continued operation and quality of User experience. For the provision of the Services, Administrative Services, and PDL Club Accounts, PDL Club charges transactional service fees of the transactions between Renters and Owners before Rental fees are distributed to Owners. These service fees are subject to change at any time at our sole discretion, and Renters may be charged additional fees on a basis calculated per trip .
Booking with Commercial Owner
Where an Owner can offer you at least the legally required minimum insurance through their own commercial or rental policy, the Owner may choose to decline Protection Plan on the Services and provide its own policy directly to you as the Renter. We refer to these Owners as “Commercial Owner(s).” You can determine directly in the bicycle listing whether the bicycle is offered by a Commercial Owner. If you book with a Commercial Owner, no third-party bicycle liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by PDL Club, nor any third-party insurance partners, brokers, or producers. The Commercial Owner will bill you directly for any applicable protection or insurance after booking, not through the Services. In these circumstances, a Commercial Owner may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the bicycle. By booking a bicycle where a Commercial Owner is providing protection, you agree that the Commercial Owner may impose additional terms and fees after booking.
Reservation Procedures
Once you have booked a bicycle, the Owner is required to respond to Reservation Requests in a timely manner, if the Owner should have any questions, or require additional information, you must also ensure all communication is timely, or Reservation Requests may lapse or otherwise be terminated for non-response. Once you and the Owner have agreed to the reservation and rental terms, the Parties shall then be required to execute a Reservation Agreement that reflects the Terms of the Agreement between them and acknowledges PDL Club’s supporting role in the Transaction. Through the User dashboard, the Owner will send the address for the pick-up and drop-off of the bicycle for the rental period.
Online Check-In
Prior to picking up the bicycle booked, please complete the online check-in on the PDL Club website. You are required to enter/update your personal and verifiable information, including, but not limited to, your legal name, email address, phone number, residential address, legal identification information, and any other additional information. You also need to upload photos of your government issued identification, brief information about your riding history, such as how many years of riding, which models you have ridden before, and a short description of yourself. PDL Club has the right to decline the booking with/without any reason at our sole discretion.
Security Deposit
The Security Deposit is an ‘Authorization Only’ onto a major credit card meaning the funds must be available for hold but are not processed against your account.
Security Deposit may vary by the Insurance and owner:
• If you have purchased a Protection Plan, your Security Deposit amount is $200 USD.
• If you declined to purchase a Protection Plan or any other form of insurance or protection from a private or commercial owner, your Security Deposit amount is $500 USD.
• If you rent from a Commercial Owner who has their own insurance or protection plan, the Security Deposit is as defined and collected by the owner.Use of the bicycle
When you rent a bicycle from an Owner through PDL Club, you must use the bicycle only for your personal use and not for any commercial purposes. You may not access a bicycle until the beginning of your rental period, and you must return the bicycle on time and in the correct location. You must present the Owner with a current, valid government identification. You must exercise reasonable care in your use of the bicycle. You are required at all times to operate the bicycle safely and in compliance with all applicable laws, including without limitation, following local riding laws, and prohibitions on impaired or distracted driving. In the event PDL Club has any concern about your use of a bicycle, PDL Club may terminate your reservation at its discretion at any time and require the return of the bicycle, including recovering the bicycle on behalf of the Owner. You are required to comply with local, state, and federal laws with regard to wearing a helmet during the operation of the bicycle. You must always keep the bicycle secured when not in use and take cautionary measures to prevent any damage or theft while not in use. The PDL Club Terms provide a list of “Prohibited Activities” of any bicycle rented through the Services. The list isn’t meant to be exhaustive. Unless you have purchased a valid Protection Plan, you will be fully financially responsible for any claims, loss, or damage related to your misuse of a bicycle, and your Protection Plan, if applicable, may be voided due to such misuse. You also acknowledge that using a bicycle in a prohibited manner or otherwise breaching this Agreement may lower the rider’s liability coverage to legal minimum limits or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Pick-up and Rental Procedures
Please arrive at the Pick-up on-time with your valid government identification (no temporary permits accepted), and in a manner that satisfies the terms of your Reservation (i.e., required safety gear if not being provided by the Owner, etc.). In the event, you fail to produce a valid government identification, or otherwise are unable to meet the Renter Terms, including presenting any obvious inclinations to operate the bicycle in violation of the Prohibited Activities terms listed below, the Owner is under no obligation to commence the Rental period. You may forfeit any reservation fees for failure to produce a valid government identification, or inability to satisfy the Renter Terms, or apparent inability to operate the bicycle without violating the Prohibited Activities terms.
If you present a valid government identification, and are in compliance with the Reservation terms, understand that upon submission by the Owner of a photo of your valid government identification held next to your face shall commence the Rental or Trip period. Understand the submission by the Owner of the Photo of your identification will be time-stamped and considered the commencement of the Rental Period.
You 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 you. You must fulfill any and all payments of balances owed before the rental period starts.
During Pick-up, you shall receive specific instructions from the Owner with regards to the operation of their bicycle. At this time make a note of any damage or defects to the bicycle. You are required to upload or document any photos of defects or damage detected prior to the Rental Period.
Condition of the bicycle and Safety Check Inspection
You understand that Owners own the bicycles offered through the Services. Each Owner is responsible for complying with all legal requirements (including ensuring the bicycle is legally owned) and maintaining their bicycle(s) in a safe and roadworthy condition. Please complete a visual inspection and safety check inspection before you begin your use of the bicycle. If the bicycle fails the safety check, the booking must be canceled. If you find damage in your initial inspection, you should upload photos of such pre-existing damage during the pick-up process to ensure that you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, PDL Club, third party administrators, or insurance partners may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the bicycle is not safe to drive, please do not use the bicycle; inform the Owner and request a cancellation of your reservation.
PDL Club’s Role
You acknowledge that PDL Club is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the bicycle is legally owned or the subject of a stolen bicycle report) of any bicycles shared via the Services beyond our Terms that require Owners to ensure their bicycles are in safe and operable condition, legally owned, not subject to a missing or stolen bicycle report), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Maintenance Responsibilities
During the Trip or Rental Period, you assume all responsibility for checking mechanical condition and air pressure levels, as may be communicated to you in the bicycle listing, Reservation Agreement, or instructions communicated to you by the Owner. In the event of mechanical failure, you shall promptly report issues to the Owner. Upon return of the bicycle, you may be held responsible for any damages beyond normal wear and tear deemed to be the result of a negligent operation or failure to provide routine maintenance.
Drop-off
At the time you return the bicycle, please describe any issues encountered during the Rental period, to the extent you had not done so during the Rental Period. If the issues are the result of normal wear and tear, providing such information will be helpful to the Owner and allow for safe and enjoyable use of the PDL Club service. You must upload photos of the condition of the bicycle drop-off.
Late Drop-off Fee and Additional Charges
Unless both you and the Owner have mutually agreed to an extension of the rental period and documented this through the Services, any returns more than one hour past the agreed time shall incur charges for additional hours or days late plus any additional penalties, incurred fees, and extra usage charges. You have up to a 59-minute grace period for late drop-off. If you return the bicycle after one hour, you will be charged 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 may be charged a flat penalty fee which must not exceed $25 USD. Additional usage charges may apply for Extras that were purchased on the reservation. You will be responsible for any and all balances, charges, fees, etc., due at drop-off.
Safe Renting Policy
At all times during the Rental Period please retain a copy of the Rental Agreement and any Protection Plan or insurance documentation you have been provided through the PDL Club Platform. You agree that you shall use all legally required safety gear, including helmets, as required in the municipality or state where the Rental shall occur. It shall be your responsibility to ensure that appropriate safety gear is used regardless of whether it is supplied or rented from the Owner according to terms agreed by the Parties. Further, regardless of whether the law in your jurisdiction requires mandatory use of certain safety gear, including helmets, you acknowledge that PDL Club requires the use of appropriate safety gear appropriate for your riding ability and an acknowledgment that you may be unfamiliar with the bicycle you have rented.
Prohibited Activities
You acknowledge and agree that any of the following prohibited activities during the reservation/rental period may result in cancellation or early termination of the reservation/rental, negate any applicable insurance coverage or Protection Plan, result in the termination or suspension of their PDL Club Account, or forfeiture of any payment during the reservation/rental process:
• Renting or operating a bicycle without a valid appropriate government identification at the time of pick-up.
• Renting or operating a bicycle without demonstrable requisite skill at the time of pick-up.
• Renting or operating a bicycle while under the influence of drugs, alcohol, or medications, or any type of impairment that might prevent safe operation.
• Renting or operating a bicycle without legally required safety equipment in an acceptable condition, whether or not provided by Owner.
• Operating a bicycle without proper maintenance. (i.e. maintaining tire pressure)
• Altering a bicycle in any way.
• Riding a bicycle in a reckless or negligent manner.
• Riding a bicycle in a manner not intended by the manufacturer.
• Failing to heed the Owner’s specific instructions particular to the bicycle being rented.
• Using the bicycle to tow or push an object.
• Renting or operating a bicycle for commercial uses.
• Renting or operating a bicycle while you are distracted, for example, smoking, eating, texting, operating a cellphone or other device while riding.
• Entering a race or competition unless specifically disclosed and allowed according to Reservation terms.
• Renting or operating a bicycle in the commission of any criminal or reckless act.
• Failure to report an accident or malfunction as soon as possible to the Owner and/or PDL Club. PDL Club may decline, cancel, or terminate early any Rental at its sole discretion should such action be deemed by PDL Club in its or the owners’ best interest.
An Owner may cancel the reservation at the time of pick-up if you are unable to provide a valid government identification, you do not possess the required safety gear, are visibly impaired, or demonstrate a lack of basic skill in the operation of a bicycle, or any skills fundamental to safe bicycle operation. The Owner is under no duty to perform any extensive assessment of skill and preparedness to begin the Rental period, but may in their discretion, may cancel the reservation if Renter is unable to provide a valid government identification or presents an appreciable threat to engage in Prohibited Activities or otherwise violate the Terms of this Service or the Reservation Agreement between the Parties.
PDL Club shall defer to the judgment of the Owner and may accept proof, documentation, or narrative description of either party in the event an informal dispute resolution process is initiated according to these Terms.
In the event of an Accident
• Notify authorities and seek medical attention immediately.
• As soon as practical, inform the Owner and allow them to retrieve and take possession of the bicycle to prevent further damage or expense to be incurred that you may otherwise be held responsible for.
• Obtain names, addresses, phone numbers (work, home), and government identification numbers of all persons involved, including witnesses.
• Obtain license plate number and state of motor vehicles involved in the accident.
• To the extent possible, take photos of the accident and document any damages to third parties or other property damage.
• For smaller incidents, do not attempt to repair the damage or replace parts without the Owner's consent.Incident reporting
You must immediately report any damage to the bicycle you are using to PDL Club. If there has been a collision, 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 and third-party claims administrators or Commercial owners including their insurance agencies 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 and its third-party claims administrators, insurers, or Commercial owners including their insurance agencies. After an incident, you may not continue to use the bicycle unless you have the explicit permission of PDL Club or commercial owners. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any claim received via the Services.
Bicycle Damage
You are legally and financially responsible for any loss or damage caused to a rented bicycle for your actions during the rental period as described below. The following conduct may result in the reporting of the bicycle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of any applicable Protection Plan:
1. Failure to return the bicycle you booked at the time and place agreed upon with the Owner and/or as designated in your reservation;
2. Failure to return the bicycle by the end of the reservation period without properly obtaining an extension of the reservation through the Services;
3. Unless you have otherwise purchased a valid Protection Plan, you are responsible for any damage to, loss of, or theft of a bicycle or the bicycle’s components occurring before the Owner inspects the bicycle upon return at the end of the reservation is your responsibility.
4. Your misrepresentation of facts to the Owner pertaining to the booking, use, or operation of a bicycle;
5. Failure or refusal to communicate in good faith with the Owner, police, PDL Club, or other authorities with a full report of any accident or vandalism involving the bicycle or otherwise failing to cooperate in the investigation of any accident or vandalism;
6. Operating or allowing any other person to operate a bicycle after giving or using a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the rental period, or who misrepresents or withholds facts to/from the Owner or PDL Club material to the booking, use, or operation of the bicycle.You will be responsible for any private investigation costs PDL Club deems necessary to recover a bicycle that is not returned. Also, a case administration fee will be imposed on you if PDL Club and/or the Owner has to report a bicycle as stolen to law enforcement due to it not being returned.
Repossession
PDL Club, a hired agent of PDL Club or the Owner may repossess any bicycle rented through the Services without demand, at your expense, if the bicycle (i) is not returned by the end of the reservation, (ii) is found illegally parked or apparently abandoned, or (iii) is used in violation of applicable law or these Terms.
Missing Bicycles
If a bicycle you have rented through the Services goes missing and/or is stolen during the rental period (or any extension period thereof), you, the Renter, must: (i) file a police report immediately after discovering the bicycle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and (ii) cooperate fully with the Owner, law enforcement, PDL Club, and any other authorities in all matters related to the investigation.