1. Definitions
    For the purpose of this agreement the following are the definition of the terms below:
    1. Hirer – The signatory to the Hire Agreement / Declaration Form
    2. Hiree – Border City Cycle Hire
    3. The Hire Agreement / Declaration Form – An agreement between the Hirer and Hiree that binds the signatory parties to the terms of this document.
    4. Minor – a person who is under the age of legal competence (under 18 years of age)
    5. Deposit – an amount imposed by the Hiree as security for the performance and any reasonable cost incurred due to the negligence of his/her obligations under these terms.
  2. Reasonable use of the equipment provided
    1. In all cases normal wear and tear as defined by the products manufacturer or supplier is accepted and allowed and is included in any hire price.
    2. The Hirer must notify the Hiree of any loss, damage or theft to the hired cycles or equipment.
    3. The Hiree will normally be available by phone or email in case of any problems with in include but are not limited to equipment related problem.
    4. Though the Hiree endeavours to physically be present in case of problems, this is not guaranteed and certain visits to the requested site will be charged. These charges will be discussed by the Hiree and the Hirer in case of such situations.
    5. The Hirer MUST adhere to the following at all times during the period of hire:
      1. keep the hired equipment safe from damage, loss or theft,
      2. do not subject it to any misuse or unfair wear and tear,
      3. do not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired cycle(s) or equipment.
      4. cycle only on the cycling route to avoid damage to the equipment
  3. Bookings Obligations
    1. All bookings are subject to availability.
    2. The Hirer MUST fulfil ALL of the following in order to complete the booking and hire of bikes and equipment from the Hiree
      1. Read, understand and sign the Hire Agreement / Declaration Form,
      2. Pay a security deposit,
      3. Pay the total price for the period of hire
      4. Provide proof of identification before taking charge of the cycling equipment. This includes but is not limited to driving licence and passport.
    3. If the booking is made by one person on behalf of another person or a group then,
      1. He/she is assumed to have authority to make such booking and,
      2. He/she will be liable until that person or the group of people have followed ALL the procedures explained in these terms.
    4. Upon completion of the above, the Hirer will be provided with the following equipment,
      1. Bike,
      2. Helmet (However, the Hiree is not responsible for ensuring or guaranteeing the fit of the helmet. The Hirer is, therefore advised to bring his/her own helmet),
      3. Locks (upon request, however, there will be an additional charge),
      4. Other accessories or services (upon request, however, there will be an additional charge).
    5. The Hirer is advised to wear a helmet.
    6. The Hirer will be considered responsible for any minor if he/she has signed the Hire Agreement/Declaration Form on behalf the minor. Therefore, he/she will be held responsible to take reasonable steps for the safety of the minor; this includes but is not limited to ensuring that the minor wears a helmet at all reasonable times during the hire period.
    7. The Hirer and the minor and /or the persons he/she is responsible for are expected to follow The Highway Code - in particular the 'Extra Rules for Cyclists' (Rules 187-211).
    8. The Hirer and the minor and /or the persons he/she is responsible are advised to have suitable insurance cover at all times during the hire period.
    9. The Hiree reserves the right to refuse or withdraw services to an individual and/or the Hirer following a reasonable reason/notice.
    10. The Hiree is not liable if the Hiree is unable to complete the hire due to an event of Force Majeure.
  4. Payments
    1. The hiring price and the deposit will be agreed between the Hirer and Hiree before the completion of booking and the hiring of the bikes and equipment. This price will vary according to the type of service provided to the Hirer.
    2. This deposit will be returned to the Hirer with 5 working day following the end of the hire period provided that;
      1. Any cycles and/or equipment hired or used are returned in an undamaged condition and,
      2. Any cycles and/ or equipment hired or used are returned within the arranged hire period, time and place to the Hiree
    3. In the event that the bike(s) and equipment are not used reasonably, the Hiree reserves the right to charge reasonable fees that include but are not limited to:
      1. any costs incurred in replacing or repairing any equipment damaged by the Hirer and/or,
      2. any equipment and cycles hired by the Hirer are not returned at the agreed time, place and location.
    4. Late return of the Bike and equipment will be charged at twice the published daily hire rate for each day/ part day that the bike is returned late.
    5. No refunds or reductions will be given for any equipment that is returned early for any reason
  5. Cancellations
    1. Cancellations up to 7 days before the hire date will forfeit 10% of the hire fee as administration charges.
    2. Cancellations within 6 days and up to 24 hours of the hire date will forfeit 50% of the hire fee.
    3. Cancellations made within 24 hours of the hire date will forfeit the full hire fee.</li >
  6. Further particulars of the Hirer’s obligations
    1. Upon completion of the Bike Hire Form / Declaration, the Hirer declares and confirms the following:
      1. The Hirer is happy with the condition of the bike(s) and equipment following his/her personal inspection along side that of the Hiree.
      2. The Hirer is physically and mentally fit to cycle.
      3. The Hirer fully understands, comprehends and accepts the risks of cycling and wishes to proceed with the hire. The risks involved include, but are not limited to:
        1. Death or/and injury due to collision, weather, excessive speed, error or abuse of equipment by the Hirer or the person he/she is signatory for,
        2. Actions or omissions by the Hirer, any third party or the person he/she is signatory for.
  7. GDPR
    1. Under the GDPR Act 2018, the Hiree will only use the Hirer’s personal data in connection with his/her booking arrangements, unless his/her agrees otherwise.
  8. General
    1. These terms and conditions constitute the entire agreement between us, and supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
    2. Any notice required or permitted to be given by either of the parties to the other under these terms and conditions must be in writing within a reasonable time period.
    3. Wavier of a particular right by the parties involved does not make this contract invalid. Furthermore, wavier of the breach of certain terms in this contract is not a waiver of any subsequent breach of the same or any other provision.
    4. If any provision of these terms and conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
    5. Except as otherwise expressly provided herein, nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
    6. These terms and conditions shall be governed by English law, and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts.