Gear Up Terms and Conditions

These terms and conditions form the agreement for bicycle hire services between Gear Up and the Hirer (the "Terms").

By signalling Your acceptance of these Term, You agree to comply with them. Please ensure You read and understand these Terms before using the Bicycle Service. 

If You have any queries or complaints regarding the Service, please contact Gear Up via one of the following methods: gearup@healthyvalleys.org.uk / 07872 161913.

Who are we?

Gear Up is a charity registered in Scotland under the name of Healthy Valleys (registered charity number SC034253) with its registered address at Lockhart Community Hub, c/o Lockhart Hospital, Whitelees Road, Lanark, ML11 7RX. 

Definitions

In these Terms, the following definitions apply:

• "Bicycle" refers to any bicycle tricycle or adaptive cycle hired from Gear Up by You using the Service.
• "Bike Rental Manager Platform” means www.bikerentalmanager.com, the platform supporting our Service.
• "Charges" are the fees associated with hiring Bicycles.
• "Community Locker" is the designated storage unit for Gear Up’s Bicycles.
• “Equipment” is the equipment, safety or otherwise, provided by Gear Up with a Bicycle as part of the Service. 
• "Hire Period" is the agreed period of time You are hiring a Bicycle, commencing at the date and time You have selected on the Bike Rental Manager platform. 
• "Hirer" is the individual who has hired the Bicycle or, in instances where the Bicycle has been hired for someone else, Hirer shall also apply to the user of the Bicycle. 
• "You" or “Your” refers to the Hirer.
• “Service” is the provision of the Bicycle rental service We provide to the Hirer.
• “We”, “Our” or “Us” refers to Gear Up.

Conditions of Use

The Hire Period begins upon the time You selected on the Bike Rental Manager Platform.

You will be required to provide photographic proof of identification in the form of a U.K. photo driving licence or a passport. The identification must match the payment details of the card used to make payment. Gear Up will not proceed with any rental if this information is not provided. 

Charges are detailed on Gear Up's website www.gearup.org.uk.

You are liable for the use of any Bicycle you are hiring, whether You are the individual using the Bicycle or not. 

You must not use the Bicycle for any of the following:

• carrying passengers whether or not for hire, reward or any other kind of remuneration;
• carrying goods of a hazardous, dangerous or illegal nature; 
• carrying goods of an excessive size or weight (please refer to individual bike checklist for weight restrictions);
• racing, speed testing or off-roading (with the exception of mountain bikes where permitted); 
• Use out with the UK.

You acknowledge that cycling is a physical activity and You should consult Your GP before making use of the Bicycle if there are any concerns about Your health.  

Except in respect of personal injury or death resulting from Our negligence, Gear Up takes no responsibility for loss, injury or illness resulting from or relating to Your use of the Service.

You must not ride the Bicycle under the influence of alcohol or other drugs which may impair Your consciousness or ability to react or otherwise impact Your ability to operate the Bicycle safely.

Gear Up conducts regular Bicycle checks for maintaining the Bicycles and Equipment in a reasonable road worthy standard. We will provide You with a check-list prior to starting Your Hire Period to check for faults. You are responsible for promptly informing Gear Up of any faults or issues as soon as You become aware of them.

You must at all times ensure You keep to roads and surfaces where cycling is permitted and exercise due care to all other road and surface users. When using roads, You must comply with the UK Highway Code at all times. 

Delivery / Collection

The Bicycle and Equipment (as applicable) shall be available for collection at the commencement of the Hire Period either from the Community Locker, Our premises or as specifically agreed with Us when placing Your order.  

You agree to return the Bicycle and Equipment to the Community Locker or Our premises (as agreed) at the end of the Hire Period.

The location of the Community Locker or Our premises (as applicable) will be confirmed to You at the time You place Your order on the Bike Rental Manager Platform.

Gear Up reserves the right to charge an additional fee for the late return of a Bicycle and/or the Equipment.

Cancellations and Refunds

If You wish to cancel Your order for the Service, the following charges shall apply and become immediately due and payable by You to Us, as applicable, depending on the timing of the cancellation: 

Gear Up will only provide refunds of Charges for short term Hire Periods solely at its discretion.

Gear Up shall be entitled to cancel Your booking at any time, at its discretion.  If Gear Up decides to cancel Your booking it shall use its reasonable endeavours to notify You as soon as possible. You shall be entitled to a full refund in the event of cancellation by Gear Up but no other compensation shall be payable.

Unless otherwise agreed: 

• if You do not collect the Bicycle and the Equipment for the Hire Period or any portion of it, You will not receive a refund of the Charges.  
• if You return the Bicycle and the Equipment before the end of the Hire Period, You will not receive an refund or reduction of the Charges.  

Insurance

You acknowledge and accept that Gear Up does not provide any form of personal accident insurance, health insurance or any other similar insurance as part of the hire agreement. You are responsible for organising suitable insurance specific to Your own needs. 

Ownership

The Bicycle and Equipment is the property of Gear Up and these Terms do not transfer any ownership rights or other interest in the Bicycle and/or the Equipment to You. You will not sell, rehire, lend, exchange or otherwise part with the Bicycle and/or any Equipment during the Hire Period.  

Equipment

As part of this Service, Gear Up provides cycling helmets and High Vis accessories that must be worn at all times while using the Bicycle.  In addition, You are advised that You are responsible for obtaining and wearing any additional eye, head and body protection required for Your own needs at all times during the Hire Period when You are using the Bicycle. 

Whilst Gear Up conducts suitable safety checks on the Equipment it is the Hirer's responsibility to ensure the Equipment is fit for purpose at commencement of the Hire Period.

Charging Your Bike

Guidance on safely charging the E-Bike can be found on Fire Service Scotland’s website:

E-bike and E-Scooters | Scottish Fire and Rescue Service (firescotland.gov.uk)

-        only use charger supplied

-        switch and unplug off when not in use

-        store safely

-        follow manufacturers guidelines

Liability

Gear Up will not be held liable for any loss or injury caused to You or any third parties. You are responsible for Your own personal safety and for any liability caused by accidents and/or incidents relating to the Service. Your use of the Service is undertaken at Your own risk and You acknowledge that cycling can be a dangerous activity which involves a risk of personal injury or death. 

Young persons under 18 years of age will only be issued with a Bicycle when accompanied by a parent or guardian. The Hirer undertakes to make all users of the Bicycle or minors in their charge aware of these Terms.

You are personally responsible for:

(i) safeguarding Your belongings during the Hire Period;

(ii) the Charges incurred through Your use of the Service;

(iii) complying with all applicable laws and regulations, including but not limited to these Terms and the UK Highway Code whilst using the Bicycle and the Equipment;

(iv) exercising reasonable care when using the Bicycle and the Equipment;

(v) returning the Bicycle and the Equipment in the same condition as when You rented it (excluding fair wear and tear);

(vi) Your use of the Bicycle and the Equipment;

(vii) acquiring and returning the Bicycle and the Equipment in accordance with any instructions provided by Gear Up;

(viii) ensuring Your details held by Gear Up are current and up-to-date;

(ix) exercising due care for Your own and others' safety.

Gear Up and its employees and agents exclude all liability in connection with the Service (whether statutory or otherwise) for any loss, damage or injury caused to You, Your property, or that of a third party to the fullest extent permitted by law. This exclusion of liability does not affect Your statutory rights. If hiring on the behalf of others, You should ensure that all users of the Bicycle are aware of these Terms. Please note: if You hire a Bicycle for someone else or allow someone else to use the Bicycle you have hired, You remain responsible at all times for the use and condition of the Bicycle during the Hire Period.   Anyone using a Bicycle is responsible for their own health and safety. 

Unless otherwise stipulated in these Terms, neither party shall be liable for losses suffered by the other party resulting from the other party’s failure to comply with these Terms.

The Service is strictly provided solely for personal and non-commercial use only. You agree not to use, rent out or allow others to use Bicycles for commercial purposes or gain. 

Neither party shall be liable for losses falling into the following categories:

(i)             Loss or damage incurred as a result of third-party claims; 

(ii)            Loss of profits; 

(iii)           Loss of goodwill; 

(iv)           Loss of business opportunity; 

(v)            Loss of anticipated savings; or 

(vi)           Loss of income or revenue.

Nothing in these Terms excludes or limits the liability of either party for:

(i)             Death or personal injury resulting from their negligence; 

(ii)            Fraud or fraudulent misrepresentation; or 

(iii)           Any matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.

If, at any time, You fail to comply with these Terms, Gear Up may either:

(i)              suspend Your use of the Service until compliance is achieved; or

(ii)             terminate Your use of the Service by providing written notice to Your email address, with immediate effect.

Any outstanding monies owed to Gear Up at the time of termination will become immediately due and payable. You hereby grant Gear Up the right to collect these amounts from Your credit account and/or registered debit/credit card.

You are responsible for all costs, claims and demands which arise directly or indirectly out of the use of the Bicycle and the Service during the Hire Period.

Breakdown, Accident & Theft

You must promptly report to Gear Up any loss, theft, deterioration, or incidents involving a Bicycle or Equipment or any other issues You encounter with the Service during Your Hire Period.  

If the Bicycle or Equipment is not in full working order, You must notify Gear Up as soon as possible after identifying the problem. Any damage to the Bicycle or Equipment left unreported will be charged to You. 

In the event You encounter a fault with a Bicycle or Equipment, You must contact Gear Up at gearup@healthyvalleys.org.uk / 07872 161913 for advice on the necessary actions. You must not attempt to fix any faults. Please contact Us and follow the advice given.

You must not abandon a Bicycle or Equipment for any reason. You will be liable for any loss or damages incurred by Gear Up if You abandon a Bicycle or Equipment.

If a problem arises that prevents or limits the use of the Bicycle or Equipment or that may compromise personal safety, You must immediately cease using the Bicycle or Equipment, promptly notify Gear Up, and follow Gear Up's instructions. 

You must not attempt to repair any Bicycle or Equipment or engage any third party to repair any Bicycle or Equipment without Gear Up’s prior consent. Where maintenance or repairs have been carried out during the Hire Period, You will confirm these by notifying Gear Up upon returning the Bicycle and Equipment. 

You must notify Gear Up upon the return of the Bicycle and Equipment of any loss, damage or breakdown of the Bicycle or Equipment.

If the Bicycle or Equipment is so severely damaged that it cannot be returned, You must contact Gear Up at gearup@healthyvalleys.org.uk or 07872 161913

In case of an accident, You should:

(i)              inform the police and/or other required emergency service immediately if anyone is injured or third-party property is damaged; 

(ii)             secure the Bicycle and, if possible, record the names and addresses of all involved parties; and 

(iii)            contact Gear Up.

You are responsible for any theft or vandalism of the Bicycle and Equipment during the Hire Period, whether or not the Bicycle is secured with a chain or lock. 

You are responsible for the Bicycle at all times, and must not leave it unsecured.   You will be provided with a lock as part of the Equipment and You must lock the Bicycle to a fixed object if left unattended.  In the event of the Bicycle or Equipment being damaged, lost or stolen, Gear Up reserves the right to recover the cost for repairs or the replacement value of the Bicycle and Equipment from You.  The full recommended retail price will be charged for Bicycles and Equipment that are not returned for any reason. 

If the Bicycle or Equipment is stolen or vandalised during the Hire Period, You agree to:

(i)              note the specific location details and time of the incident; and 

(ii)             promptly inform the police. The police will issue a crime number, which should be recorded and communicated to Gear Up as soon as possible at gearup@healthyvalleys.org.uk or 07872 161913.

Regarding any accidents, vandalism or thefts, You agree to provide accurate statements and cooperate with all reasonable requests from Gear Up for information and/or documentation.

Data Protection

All personal data concerning You will be processed in accordance with Our privacy policy, which You must review and approve before submitting any personal data to Us. Please refer to www.gearup.org.uk for a copy of Our privacy policy.  

Our privacy policy explains what personal data We collect from You, how and why We collect, store, use and share such information, Your rights in relation to Your personal data and how to contact Us and supervisory authorities if You have a query or complaint about the use of Your personal data. Gear Up will disclose certain personal data to the authorities as required by law.

Amendment of Terms

Gear Up reserves the right to amend these Terms as necessary. You will be notified of any changes by email using the most recent email address You provided.

Force Majeure

Gear Up shall not be liable for any failure or delay in performing its obligations under these Terms if such performance is hindered, delayed, or prevented by events beyond the reasonable control of Gear Up.

General

If any court or competent authority determines that any provision of these Terms is invalid, unlawful, or unenforceable to any extent, that term will be severed from the remaining terms, which will remain valid to the fullest extent permitted by law.

If Gear Up at any time while these Terms are in force have not insisted on Your compliance with any obligations under these Terms, or if Gear Up has not exercised any rights and remedies under these Terms, such acts or omissions will not constitute a waiver of rights or remedies, and You shall remain obligated to fulfil those obligations. Gear Up’s waiver of any default by You will not automatically waive any subsequent default by You unless expressly stated in writing.

Only You and Gear Up have rights under these Terms, and no other person shall have rights under these Terms. You may not transfer any of Your rights under these Terms to another person or entity.

Governing Law

These Terms shall be governed by Scottish law, although if You are resident elsewhere in the United Kingdom You will retain the benefit of any mandatory protections given to You by the laws of that country.

Any disputes between You and Us shall be subject to the non-exclusive jurisdiction of the Scottish courts if court proceedings are initiated.  This means You can choose whether to bring a claim in the courts of Scotland or in the courts of another part of the UK in which You live.

PLEASE NOTE: Your acceptance of these Terms constitutes authorisation for Gear Up to debit all monies owed from Your nominated credit or debit card at any time. This includes charges resulting from theft, loss, damage to the Bicycle or Equipment, and any other costs arising from Your use of the Service.