1) Contractual Partners and Contractual Term

1.1) Contractual Partners

Through acceptance of a leased bicycle from the bicycle fleet, a contractual agreement shall be considered to have been considered between Cycle 360 and the customer, as signed below.

Cycle 360 shall be obliged to provide the customer with a bicycle for the agreed term that is in a usable and roadworthy condition.

Upon formation of the contract the customer shall be obliged to provide a valid proof of identity that includes a photograph (i.e. passport or driving licence).

1.2) Contractual Term and Return Default Liability

The customer must pay the entire leasing price upfront before the agreed hire period commences. The customer will be required to provide credit or debit card details when hiring a bicycle from Cycle 360, against which a pre-advised security deposit shall be applied before hire commences and refunded upon return of the bike subject to the following terms:

·       The deposit is to be held against any loss, theft, damage or failure to return the equipment by the specified time and date.

·       If not returned by the specified time and date, the cost of hire shall be charged on a pro rata basis until it is returned.

·       Any late return, replacement or repair costs may be deducted from the deposit.

·       The customer shall be liable to pay any costs that exceed the deposit.

·       The customer will be held fully financially liable for any loss, theft or damage to all bikes and accessories (including damage due to excessive water, dirt or sand). Replacement parts will be charged at cost price and the overall repair fee will include labour charges.

Additional days may be added at the customer’s request subject to availability, but these must be paid for in advance. Cycle 360 reserve the right to reject any request to extend the hire period.

If there is a delay in the return of the bicycle the leasing agreement will not be extended. If the bicycle is not returned (even if the customer is not at fault) by the agreed time outlined by the leasing agreement, Cycle 360 are entitled to demand a fee of at least the amount of the previously agreed leasing price for the duration of time that the bicycle is not returned. The assertion of more extensive damage compensation shall not be excluded if the customer is at fault for the return default.

1.3) Early Return

If the customer returns the bicycle before the agreed leasing timeframe, they shall receive no reimbursement or compensation of the differential amount.

2) Usage and Return of the Bicycle/Notification of Damages and Other Obligations

2.1) Condition of the Bicycle and Impermissible Usage

The customer shall be obliged to use the bicycle in a careful and technically correct manner within the limitations of their capability according to the Isle of Man Highway and Countryside Code.

The customer shall be obliged to always wear a helmet whilst operating the bicycle. If the customer does not have one of their own, they must hire one from Cycle 360 before the bicycle is handed over.

The customer shall be forbidden to use the bicycle under the influence of alcohol or drugs.

The customer shall be forbidden from making any alterations and modifications to the bicycle apart from the seatpost height.

If not in use, the bicycle should not be left unattended unless kept in a locked building or locked to a secure object by the bicycles front wheel and frame.

2.2) Notification Obligations

If damages occur to the bicycle during usage, whether the customer is at fault or not, the customer should inform Cycle 360of the damages occurred promptly. In doing so, the customer is obliged to provide Cycle 360 with all the details of the cause of the damages.

In the case where any damages render the bike unusable, it is to the discretion of Cycle 360 as to whether a replacement is provided or not. If a bike incurs damages that leave it in an unusable state as a result of the customer breaching the terms of use outlined in the leasing agreement, Cycle 360 have the right to terminate the hiring period early.

2.3) Exchange

When exchanging a bicycle, a charge of £15.00 will be incurred unless the exchange occurs due to a defect that already existed during the handover of the bicycle. If the bicycle is exchanged for a bicycle in a higher price category, the differential amount must be paid by the customer. If the bike is exchanged for a bicycle of a lower price category, the customer will not be entitled to a reimbursement of the differential amount.

2.4) Notification Obligation for Theft and Accident

In the case of a theft or road traffic accident, the customer should promptly report this to the police or relevant emergency services and must also notify Cycle 360. Otherwise, the customer will be liable to Cycle 360 for any damages created from the violation of this obligation.

2.5) Return

The customer shall be obliged to return the bicycle to Cycle 360 following the end of the leasing agreement in the same condition in which it was handed over. The bicycle should be retuned to Cycle 360 on the last day of the leasing agreement within Cycle 360’s opening hours.

3) Customer’s Liability for Damages and Loss

3.1) Lessee’s General Liability

The customer shall be liable for all personal injury and property damages, including for accident and liability-related damages as well as negligence, gross negligence and intentional wrongdoing.

The customer shall be liable to Cycle 360 for any damages created during the leasing period as well as the loss of the bicycle and/or violations of other contractual obligations.

If damages occur to the bicycle that the customer is responsible for, and Cycle 360 incurs a loss of earnings as a result of a long repair timeframe, the customer shall be liable for each repair day.

In the case of destruction of the bicycle, the liability shall be calculated on the current price of the corresponding leased bicycle in accordance with Cycle 360’s current retail price list. The security deposit paid by the customer shall be deducted from the listed price.

In the case of damages caused by intentional wrongdoing or gross negligence, the customer shall be liable for repair costs and replacement parts.

Cycle 360 cannot accept liability and shall not offer compensenation in instances where the performance of our contractual obligations is impacted or prevented by force majeure (e.g. adverse weather conditions, fire and similar events outside of Cycle 360’s control).

Cycle 360 do not offer a recovery service and so the customer is responsible for returning the bike for repairs in the case of mechanical failure or at then end of their leasing agreement period.

3.2) Liability for Theft

The customer shall be liable to Cycle 360 for theft or any other loss of the bicycle. In the case of theft and loss, the customer will be liable up to the amount of the respectively current price from Cycle 360’s current retail price list. The security deposit paid by the customer shall be deducted from the listed price.

The liability limit shall not be valid if the customer has caused damages based upon their own intentional wrongdoing or gross negligence.

3.3) Reimbursement of the Liability Amount

If, after a theft, the bicycle is once again found, upon its return, Cycle 360 shall exercise it’s fair discretion and it can still be leased out, Cycle 360 shall reimburse the customer for the liability amount as outlined in section 3.2. Cycle 360 shall exercise the fair discretion from  the technical specialist’s perspective and shall, as required and as a gesture of goodwill, inform the customer of the basis for its decision.

3.4) Supplementary Features

All bicycles shall be fitted with a mini-pump. All e-bikes will be fitted with driving assistance, a key, a battery and a battery charger. Missing parts must be paid for by the customer when the bike is returned.

3.5) Insurance

Cycle 360 shall not provide insurance cover to the customer, however, would strongly advise that the customer ensures they are adequately insured for leasing period, although cover is not mandatory.

4) General Provisions and Applicable Law

4.1) Written Form, Completeness and Severability Clause

The contractual agreement shall be subject to the written form requirement. Any amendments of supplements to the contractual agreement must likewise be in writing. No oral ancillary agreements have been included. The legal invalidity of individual sections and provisions of the general leasing terms and conditions shall not affect their validity as a whole.

4.2) Choice of Laws and Legal Venue

The provisions of this document shall be based upon Manx law. For all disputes arising or in conjunction with this contractual agreement, only the courts that are competent for Cycle 360’s commercial residence shall have jurisdiction.

4.3) Offsetting

Offsettings against claims upon the part of Cycle 360 shall be permissible only with undisputed or legally upheld claims upon the part of the customer.