1.
CYCLE HIRE TERMS AND CONDITIONS
1.1
We aim to provide high quality specialist 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 Harbour Cycles on
completion of a Hire Agreement Form or by accepting our hire
conditions on our online booking portal. Harbour Cycles reserves the
right to take the customers Credit Card details to hold as security
until the bike is returned in the condition it was hired out in. Upon
acceptance of these Terms & Conditions a binding contract is
formed between Harbour Cycles 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 Harbour Cycles 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 Harbour Cycles.
2.
HIRER’S TERMS AND CONDITIONS
2.1
You are responsible for ensuring that you are physically fit enough
to undertake cycling any distance or compete in events using Harbour
Cycles Bike(s) or Equipment you have booked. Harbour Cycles does not
accept any responsibility for your failure to complete your Hire
period due to lack of fitness, illness or injury. Harbour Cycles does
not accept liability for death, personal injury, loss or damage to
personal effects to any participant, nor can Harbour Cycles 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 and competition on such
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 Harbour Cycles 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 Harbour Cycles 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 Harbour Cycles against any claim, interest, demand or
expense in respect of such injury or damage.
2.4
Puncture
repairs kits are provided free and only charged if the tube is used
or the kit not returned. All bikes returned with punctures will incur
a repair or replacement charge.
2.5
You will ensure that you have suitable Insurance cover at all times
during the period of your hire.
2.6
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.
2.7
RIDING
BIKES ON THE BEACH OR IN THE SEA IS PROHIBITED. THE SALT WATER AND
SAND DESTROY THE BIKES. ANY CUSTOMER FOUND TO HAVE DONE SO WILL BE
LIABLE FOR THE FULL CHARGE OF REPLACEMENT BIKE.
2.8
Any damage caused due to crash or neglect is the Customer’s
responsibility and will be charged for.
2.9
You will notify Harbour Cycles immediately of any loss, damage or
theft to the hired cycles or equipment however caused. You will be
responsible for paying Harbour Cycles the reasonable costs of repair
or replacement for any such loss, damage or theft.
2.10
You will not offer for sale, sell, dispose, mortgage, lend, pledge or
otherwise part with possession of the hired cycle(s) or equipment.
2.11
Harbour Cycles 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 Harbour Cycles will always do it’s
best to have staff available during the hire period this cannot be
guaranteed.
3.
PAYMENT TERMS
3.1
Payments are collected on booking the bike. Our cancellation policy
is as follows:
Up
to 2 weeks before the event or hire date – 5% administration
charge.
Up
to 1 week before the event or hire date – 20% of the value of the
hire.
Up
to 3 days before the event or hire date – 50% of the value of the
hire.
1
day before the event – 75% of the value of the hire.
Day
of event. – Full charge will be taken.
Harbour
Cycles will consider individual cases in extraordinary circumstances.
3.2
In consideration of our arranging and fulfilling your Hire in
accordance with these terms and conditions you will pay Harbour
Cycles 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 will be charged at twice the published daily
hire rate for each day/ part day that the bike is returned late.
3.4
A Credit Card will 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 Harbour Cycles depending on Harbour Cycle's assessment of the risk
and the value of the equipment. If a deposit is taken it 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 Harbour Cycles
Any
cycles and/ or equipment hired or used are returned within the
arranged hire period at an arranged time and place to Harbour
Cycles
3.5
If the terms set out in 3.4 (above) are not complied with, Harbour
Cycles reserve the right to charge reasonable charges until such time
when cycles and/ or equipment concerned have been returned to Harbour
Cycles. 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 mentioned herein.
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
You must not cycle under the influence of alcohol, strong medication,
other drugs or fatigue.
5.
OUR LIABILITY TO YOU
5.1
Harbour Cycles 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
Harbour Cycles 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, Harbour Cycle's total liability to
you under this contract between us shall be limited to the total cost
of your Booking.
5.4
Harbour Cycles 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
Harbour Cycles 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.
