Standard Conditions of Hire
These are Bainton Bikes Limited’s standard conditions of
hire
For
the purposes of these conditions, the term HIRER shall mean an individual hirer
or, where the hirer is an
organisation, the authorised representative
THE
HIRER will, during the period of the hiring, be responsible for supervision of
the bicycle(s), their care, safety from damage however slight; or change of any
sort and the behaviour of all persons using the bicycles whatever their capacity;
including proper supervision of storing arrangements so as to avoid damage or
loss.
THE HIRER shall not use the bicycle(s) for any purpose
other than that described in the hiring agreement and shall not sub-hire or use the bicycle(s) or allow the bicycle(s) to be used for
any unlawful purpose or in any unlawful way nor do anything or bring onto the
bicycle(s) anything which may endanger the same or render invalid any insurance
policies in respect thereof nor allow the consumption of alcohol thereon without
written permission.
Public Safety Compliance
THE
HIRER shall comply with all conditions and regulations made in respect of
cycling and road use by the Local Authority, the Local Magistrates' Court or
otherwise.
Activities
not covered for use
THE
HIRER understands mountain biking is not covered for use under the hire
agreement. THE HIRER shall ensure that no animals are carried or walked, whilst
the bicycle(s) are in use.
Storage
THE HIRER must use the lock/s provided whenever
leaving the bicycle(s) and make sure the bicycle(s) is locked to immovable
street furniture or bicycle racks with the lock/s provided. The HIRER must also
remove all non-secured accessories from the bicycle(s) when leaving the
bicycle(s).
Indemnity
THE
HIRER shall indemnify BAINTON BIKES LIMITED for the cost of repair of any
damage done to any part of the property or a Third Parties property which may
occur during the period of the hiring.
Accidents and Dangerous Occurrences
THE
HIRER must report all accidents involving injury to themselves or the public to
a member of BAINTON BIKES LIMITED as soon as possible. Any failure of equipment
must also be reported as soon as possible.
Liability
BAINTON
BIKES LIMITED agrees to indemnify against any liability
arising in respect of injury (including death) to any person or loss or damage
to any property which results from the default or negligence of BAINTON BIKES LIMITED.
BAINTON BIKES LIMITED shall not be liable to the HIRER for any
claims for indirect or consequential losses whether arising from negligence or
otherwise. In no event shall the Company's liability under the Contract exceed
the price paid by the HIRER to BAINTON
BIKES LIMITED for the Equipment connected with any claim.
Theft
THE
HIRER shall in the event of the bicycle(s)
being misappropriated by a third party report the theft to BAINTON BIKES LIMITED and the Police immediately. The HIRER shall obtain a
crime reference number from the Police and report this to BAINTON BIKES LIMITED. The whole deposit will be retained until the bicycle
is returned to BAINTON BIKES LIMITED plus the replacement cost of the
bicycle and equipment. These will be returned if the items are found in good
working order.
Cancellation by
HIRER
IF THE
HIRER wishes to cancel the booking before the date of the hire and BAINTON
BIKES LIMITED is unable to conclude a replacement booking, the question of the
payment or the repayment of the fee shall be at the discretion of BAINTON BIKES
LIMITED. A minimum period of 48 hours is required for cancellation, otherwise
the value of the hire or the amount outlined in the cancellation policy will be
charged from the card details.
Cancellation by BAINTON BIKES LIMITED
BAINTON
BIKES LIMITED reserves the right to cancel this hiring in the event of the
equipment being out of use, in which case the HIRER shall
be entitled to a refund of any deposit already paid.
Unfit for Use
In the
event of the bicycle(s) or any part thereof being rendered unfit for the use
for which it has been hired, BAINTON BIKES LIMITED shall not be liable to the HIRER for any resulting loss or damage whatsoever.
Refusal of Booking
BAINTON
BIKES LIMITED reserves the right to refuse a booking without notice or to
cancel this hiring agreement at any time either before or during the term of
the agreement upon giving notice to the HIRER.
THE
HIRER shall be entitled upon such notice to reimbursement of such monies
including the deposit or a proportion of the same as have been paid by the HIRER to BAINTON BIKES LIMITED but BAINTON BIKES LIMITED shall
not be liable to make any further payment to the HIRER.
End of Hire
THE
HIRER shall be responsible for leaving the bicycle(s) in a clean and tidy
condition, properly locked and secured unless directed otherwise and any
accessories temporarily removed from their usual positions properly replaced,
otherwise BAINTON BIKES LIMITED shall be at liberty to make an additional
charge. Bicycle(s) not returned on their agreed end date and time will be
presumed stolen, reported to the Police and the value of the bicycle(s) charged
from the card details that have been stored.
Deposit
THE
HIRER shall be reimbursed the deposit at the end of the hire period if BAINTON
BIKES LIMITED is satisfied the bicycle(s) are returned in an acceptable
condition. The deposit will not be returned to the HIRER in the event of misappropriation by a third party (theft).
See Theft clause above. If the bicycle(s) and equipment are not returned on the
agreed end date and time the cost of replacement of these items will be charged
to the hirer.
Deposit Amounts
The
deposit amount is £100 per bike. This will be returned if the bicycle(s) and
equipment are returned in good working order. Any damage to the bicycle(s) and
equipment will be reimbursed by the hirer from this deposit. Any damage over
and above £100 will be communicated to the hirer and charged separately.
Card Details
BAINTON
BIKES LIMITED shall capture the HIRER’s Debit or Credit card details through an
online partner to form a rental deposit or security deposit. BAINTON BIKES
LIMITED reserves the right to withdraw funds from these details in the event of
non-returned bicycle(s) or any other company property at the agreed time. This will
include the theft or damage of bicycle(s) by the HIRER or a Third Party or
through neglect. Money taken will be to the value of the bicycle(s) or damage.