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 on completion of a Cycle Hire Booking Form. Dalby Forest Cycle Hub (DFCH) reserves the
right to take the customer's credit/debit card details to hold as security
until the bike(s) is returned in the condition it was hired out in. Upon acceptance of these Terms &
Conditions a binding contract is formed between DFCG and the hirer. We reserve the right not to accept or to
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 people, that person confirms to DFCH
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 DFCH.
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 the
cycle(s) or equipment you have booked. DFCH
does not accept any responsibility for your failure to complete your hire
period due to lack of fitness, illness or injury. DFCH does not accept liability for death,
personal injury, loss or damage to personal effects to any participant, nor can
DFCH 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 carries
its own risks and you have made your booking on the basis that you undertake
the hire at your own risk. You
understand and accept that DFCH 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 DFCH 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 DFCH
against any claim, interest, demand or expense in respect of such injury or
damage.
2.4 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.
2.5 Any damage caused due to crash or
neglect is the Customer’s responsibility and will be charged for.
2.6 You will notify DFCH immediately
of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying DFCH the
reasonable costs of repair or replacement for any such loss, damage or theft.
2.7 You will not offer for sale,
sell, dispose, mortgage, lend, pledge or otherwise part with possession of the
hired cycle(s) or equipment.
3. PAYMENT TERMS
3.1 Full payment is required at the
time of booking. Payment may be made by
a credit or debit card which must be inserted into the card reader. Cash payments and ‘tap & go’ payments are
not accepted.
3.2 Late return of the Bike will be
charged at twice the published daily hire rate for each day/part day that the
bike is returned late.
3.3 A Credit or Debit Card will be
required at the commencement of any hire period. Payment may be made by a credit or debit card
which must be inserted into the card reader.
Cash payments and ‘tap & go’ payments are not accepted.
3.4 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.
3.5 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
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 or novice bikers
should use the equipment under the supervision of an experienced rider.
4.4 You must not cycle under the
influence of alcohol, strong medication, other drugs or fatigue.
5. OUR LIABILITY TO YOU
5.1 DFCH 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 DFCH 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, DFCH's total
liability to you under this contract between us shall be limited to the total
cost of your Booking.
5.4 DFCH 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 DFCH 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
Date Protection Act 1998.
6. GENERAL
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 of us hereby agree to submit to the
exclusive jurisdiction of the English Courts.
7. PRIVACY
At DFCH we take your privacy seriously
and will only use your personal information to administer your hire and to
provide the products and services you have requested from us. However, from time to time we would like to
contact you with details of other cycling related offers/services/promotions
etc., we provide. If you consent to us
contacting you for this purpose, please tick to say how you would like us to
contact you:
Post ☐ Email ☐
Telephone ☐
Text message ☐
We will not share your details with any
other organisations.
