Terms & conditions of Climate Action Strathaven E-Bike Hire

Terms and Conditions

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 CAS Ebike Hire on completion of a Hire Agreement Form or by accepting our hire conditions on our online booking portal. CAS Ebike Hire reserves the right to take a deposit 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 CAS Ebike Hire 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 CAS Ebike 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 the hirer and continues until the cycle(s) and equipment is returned to Ebike Hire Scotland.

1.5 The Rider understands that the ebike may be fitted with a GPS Tracker. Data is kept for up to 2 weeks after a bike is returned and then deleted.

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 a CAS Ebike or Equipment you have booked. CAS Ebike Hire does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. CAS Ebike Hire does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can CAS Ebike 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 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 CAS Ebike Hire insists on 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 CAS Ebike 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 CAS Ebike Hire against any claim, interest, demand or expense in respect of such injury or damage.
2.4 CAS Ebike Hire recommends that you have suitable Insurance cover at all times during the period of your hire. CAS Ebike Hire will not offer Insurance as part of it’s offer.
2.5 You are responsible for all cycles and equipment hired or loaned and it is 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 crash or neglect is the Customer’s responsibility and will be charged for.
2.7 You will notify CAS Ebike Hire immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying CAS Ebike 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 CAS  Ebike 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 set up and keep a check on the bike they have hired. Whilst CAS Ebike Hire 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 1 Month before the hire date – 5% administration charge.
Up to 2 week before the hire date – 20% of the value of the hire.
Up to 3 days before the hire date – 50% of the value of the hire.
1 day before the hire datet – 75% of the value of the hire.
Day of hire – Full charge will be taken.
CAS Ebike Hire 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 CAS Ebike Hire the total price for your period of Hire set out in the Hire Agreement Form (or via our online booking portal) 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 or Debit 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 CAS Ebike Hire depending on CAS Ebike Hire’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;

1. ·        Any cycles and/or equipment hired or used are returned in an undamaged condition to CAS Ebike Hire
   ·        Any cycles and/ or equipment hired or used are returned within the arranged hire period at an arranged time and place to CAS Ebike Hire 

3.5 If the terms set out in 3.4 (above) are not complied with, CAS Ebike Hire reserves the right to charge reasonable charges until such time when cycles and/ or equipment concerned have been returned to Ebike Hire Scotland. 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 product’s 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.    REFUNDS
4.1 ALL BOOKINGS ARE COVID-PROOF // CAS Ebike Hire Guarantee that if the hire is postponed or impacted by Coronavirus restrictions we will move your booking free of charge to a new date and guarantee you a bike. We will also give you the option to change your booking to credit which will be valid for 2 years to use, there will be no admin fee charged.
4.2 If you cannot start your hire at late notice due to a positive COVID-19 test within your household we will allow you to change your booking upon receipt of the positive test via info@castrathaven.org before the hire date.

5.    PERSONAL SAFETY
5.1 It is the rider’s responsibility for their own safety. Cycling involves personal risk and you must ride responsibly.
5.2 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.
5.3 First time novice bikers should use the equipment under the supervision of an experienced rider.
5.4 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.

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, expressed 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 Scots law, and both of us hereby agree to submit to the exclusive jurisdiction of the Scots Courts.