1. CYCLE HIRE TERMS AND CONDITIONS
1.1 We aim to provide high quality bikes for hire. To achieve this at a reasonable cost we ask our customers to treat the equipment responsibly.
1.2 Bikes and equipment can only be hired from Border City Cycle Hire on completion of a Hire Agreement Form. The signatory of the Form is designated as the hirer. A Booking is made by the hirer on completion of the Hire Agreement Form and by leaving an agreed Security Deposit. Upon acceptance by Border City Cycle Hire of your completed form and binding contract is formed between Border City Cycle Hire on the terms and conditions set out below. We reserve the right not to accept of fulfil a Booking.
1.3 All Bookings are subject to availability. When a Booking is made by one person on behalf of another person or group of people that person confirms to Border City Cycle Hire that he or she has the authority to make such a booking.
1.4 The Hire period commences on the day the cycle(s) and equipment is collected or dispatched to you and continues until the cycle(s) and equipment is returned to Border City Cycle Hire.
1.5 Proof of identification must be provided upon collection of your cycling equipment. (e.g. driving licence, passport, photo ID, etc.)
1.6 Cyclists are expected to follow The Highway Code - in particular the 'Extra Rules for Cyclists' (Rules 187-211). Any person cycling in a discourteous or unsafe manner while in possession of Border City Cycle Hire equipment will have all equipment re-possessed by Border City Cycle Hire with no refund of any hire charges.
1.7 Cycle helmets are provided free of charge and all cyclists are strongly advised to use them. You are advised that our Hire Agreement contains a Helmet Waiver declaration.
1.8 All young persons (age 17 or younger) MUST wear a cycle helmet and will only be issued with equipment when accompanied by a parent or guardian.
2. HIRER'S TERMS AND CONDITIONS
2.1 You are responsible for ensuring that you are physically fit enough to undertake cycling any distance using Border City Cycle Hire Cycle(s) or Equipment you have booked. Border City Cycle Hire does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Border City Cycle Hire does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Border City Cycle Hire accept any responsibility for delays or changes to your period of Hire due to weather, strikes, war, terrorism or other causes.
2.2 You accept that cycling on a public highway or in any competition carries its own risks and you have made your booking on the basis that you undertake the Hire at your own risk. You fully understand and accept that Border City Cycle Hire advises the wearing of cycle helmets at all times when riding.
2.3 You will ride your cycle responsibly at all times. You will not hold Border City Cycle Hire responsible for any loss, damage or injury including death to persons or property with regard to the use of the cycle(s) and equipment hired. You accept responsibility to Indemnify Border City Cycle Hire against any claim, interest, demand or expense in respect of such injury or damage.
2.4 You will ensure that you have suitable Insurance cover at all times during the period of your hire.
2.5 You are responsible for all cycles and equipment hired or loaned and it your responsibility to keep these items safe from damage, loss or theft, use it in a proper manner and not subject it to any misuse or unfair wear and tear.
2.6 Any damage caused due to accident or neglect is the Customer’s responsibility and will be charged for.
2.7 You will notify Border City Cycle Hire immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying Border City Cycle Hire the reasonable costs of repair or replacement for any such loss, damage or theft.
2.8 You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired cycle(s) or equipment.
2.9 Border City Cycle Hire staff are usually available by phone or email to help out with any problems during the hire period; however it is the customer’s responsibility to assemble, set up and keep a check on the bike they have hired. Whilst Border City Cycle Hire will always endeavour to have staff available during the hire period this cannot be guaranteed.
3. PAYMENT TERMS
3.1 Advance reservation requires 100% of the Hire Fee to be paid in order to secure the booking. Cancellations up to 7 days before the hire date will result in a full refund of the reservation fee less 10% administration fee. Cancellations within 6 days and up to 24 hours of the hire date will forfeit 50% of the Hire Fee. All cancellations made within 24 hours of the hire date will forfeit the full hire fee.
3.2 In consideration of our arranging and fulfilling your Hire in accordance with these terms and conditions you will pay Border City Cycle Hire the total price for your period of Hire set out in the Hire Agreement Form in advance of the hire commencing.
3.3 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.
3.4 A security/damage deposit of £250 per hire will normally be required at the commencement of any hire period, but this may extend to a deposit to the value of the cycle(s) by credit or debit card payment or other surety as deemed sufficient by Border City Cycle Hire depending on Border City Cycle Hire’s assessment of the risk and the value of the equipment. This deposit will be returned at the end of the hire period provided that;
- Any cycles and/or equipment hired or used are returned in an undamaged condition to Border City Cycle Hire
- Any cycles and/ or equipment hired or used are returned within the arranged hire period at an arranged time and place to Border City Cycle Hire
3.5 If the terms set out in 3.4 (above) are not complied with, Border City Cycle Hire reserve the right to charge reasonable charges (see 3.3) until such time when cycles and hired equipment have been returned to Border City Cycle Hire. In the case of cycles and/or equipment left or returned damaged, you are responsible for any costs incurred and sustained in replacing or repairing (whichever the cheaper) the items concerned to a condition equivalent to that prior to the Hire.
3.6 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
3.7 In all cases, the security/ damage deposit can be used as a deposit against the costs or charges
3.8 No refunds or reductions will be given for any equipment that is returned early for any reason.
4. PERSONAL SAFETY
4.1 It is the rider’s responsibility for their own safety. Cycling involves personal risk and you must ride responsibly.
4.2 Injury(s) and/or death associated with the sport of cycling may result from weather, excessive speed, collision with inanimate objects or other persons, rider inexperience, error or abuse of equipment.
4.3 First time of novice bikers should use the equipment under the supervision of an experienced rider.
4.4 Border City Cycle Hire reserves the right not to hire equipment to an individual.
5. OUR LIABILITY TO YOU
5.1 Border City Cycle Hire accepts responsibility for death, personal injury and direct loss suffered by you which you can demonstrate was caused by our negligence up to the limit set out in clause 5.3 below.
5.2 Border City Cycle Hire will not be liable to you where any alleged loss or damage results from;
- Any of your own actions or omissions;
- The action or omission of a third party not connected with the provision of your bike hire:
- An event or circumstances which we could not have predicted or avoided even after taking all reasonable care;
- Where any loss or damage is considered to be indirect or consequential loss.
5.3 Except in respect of death and personal injury, in respect of which no limit of liability shall apply, Border City Cycle Hire’s total liability to you under this contract between us shall be limited to the total cost of your Booking.
5.4 Border City Cycle Hire shall have no liability to you if we are unable to fulfil a Booking due to an event of Force Majeure. In the event of Border City Cycle Hire being unable to fulfil your booking our liability to you shall not exceed to the agreed cost of the hire.
5.5 Except where expressly permitted under the Data Protection Act 1998, we will only use your personal details in connection with your Booking arrangements, unless you agree otherwise. We will keep your personal details secure in accordance with our obligations under the Data Protection Act 1998.
6.1 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.
6.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.
6.3 No failure or delay by either of us in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either of us of any breach of these terms and conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 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.
6.5 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.
6.6 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.