EBIKE TERMS & CONDITIONS OF HIRE
V2 January 2023
1.
The Bicycle let out on hire, including all accessories &
attachments supplied herewith (“the Bicycle”) remains the property of Frome
Town Council (“the Owner/Hirer”) and the Renter will not sell, hire out, lend
or otherwise part with possession thereof.
2.
The period of hire commences at the time of collection and is
deemed to continue until the Bicycle is received by the Owner/Hirer, hosted by
Paul Vincent at The Welsh Mill, Park Hill Drive, Frome BA11 2LE.
3.
The Renter acknowledges and agrees that the Bicycle is in good
condition in all respects and undertakes not to misuse it and will return it
with all accessories in the same condition as when received (ordinary wear and
tear excepted) to the place and on the due date and time specified on the hire
confirmation email. A damage deposit may be required and will take the
form of an open debit/credit card voucher, which will be surrendered upon
return of the equipment in a satisfactory condition.
4.
It is understood that a cycle helmet and hi-vis is provided as
part of the rental for each hire period. The Owner/Hirer will not be held
responsible for any renter not wearing a helmet and hi-vis. I acknowledge the recommendation of
‘The Hirer/Owner’ to strongly recommend the use of safety helmets and hi-vis. If
these are not worn (or incorrectly worn), the Owner/Hirer is not
responsible or liable for any subsequent injuries.
5.
The Owner/Hirer shall be entitled to charge the Renter for all
damage caused to the Bicycle during the period of hire. In the event of
breakdown other than those of a type which the Renter can reasonably repair
i.e. a puncture or un-seated chain, and other than as a result of the Renter’s
misuse of the Bicycle, the Owner/Hirer will use its best endeavours to repair
it or procure its repair. If the Renter is unable to repair a simple
puncture / replace the inner tube, the Renter must facilitate the repair /
replacement with Paul Vincent on paulvincent1@live.com or 07737
950 896.
6.
As the Renter, I understand that I am responsible for all
equipment relating to this agreement which will include a lock,
hi-vis vest and helmet. I confirm that I will be responsible for the
payment of any damage (including third party) caused as a consequence of any
dangerous cycling, loss of control, negligence or loss of equipment if the Bicycle
is not locked to a fixed object through the frame. The bike lock is part of the
Bicycle hire and MUST be used when the bike is unattended by locking through
the frame of the Bicycle to a secure immovable object. Proof of lock breakage
is required for any insurance claim. I WILL IMMEDIATELY NOTIFY THE OWNER IN THE
EVENT OF ANY LOSS OR BREAKDOWN OF THE BICYCLE, OTHER THAN THOSE REASONABLY
REPAIRABLE BY THE RENTER. THOSE REASONABLY REPAIRABLE BY THE RENTER SHOULD BE
REPORTED TO THE OWNER UPON THE RETURN OF THE BICYCLE.
7.
The Owner/Hirer shall not be liable for any damage caused or loss
made whatsoever by breakdown or other defects in the Bicycle or other
circumstances beyond the Owner/Hirer’s control. The Renter shall indemnify the
Owner/Hirer in respect of all costs, claims, expenses, and demands which it may
suffer or incur and which arise directly or indirectly out of the use of the
Bicycle during the period of hire.
8.
In the event of the Bicycle being lost or stolen the Owner/Hirer
reserves the right to call upon the Renter to indemnify the Owner/Hirer the
replacement value of the Bicycle. However, should the Bicycle subsequently be
recovered in a useable condition, the Owner/Hirer undertakes to refund the
Renter’s Indemnity in full within fourteen days.
9.
The Renter will pay to the Owner/Hirer on demand all charges due
under the agreement. Refunds CANNOT BE GIVEN for punctured tyres or
damage caused as a result of incorrect use. I accept that I may have to accept
responsibility for bike damage caused by incorrect use of equipment.
10.
The Renter shall be solely responsible for and shall keep the
Owner/Hirer fully indemnified in respect of all fines, impositions or other
penalties occasioned by the use of the Bicycle during the period of hire in
respect of violation of any Acts of Parliament, Orders, Regulations or bye laws
for the time being in force.
11.
Any conditions or warranties not expressed and which might be
implied on the part of the Owner/Hirer except Statutory Warranties are
excluded.
12.
As the Renter, I will not use the Bicycle whilst under the
influence of drink or drugs.
13.
If the Renter shall commit any breach of the terms of this agreement
the Owner/Hirer shall be entitled, but without prejudice, to any other rights
or remedies which it may have to terminate the hire of the Bicycle, and recover
possession thereof without notice, and to make reasonable charge for such
repossession. No rights of the Owner/Hirer under the agreement will be waived
except in writing by a duly authorised member of staff.
14.
I confirm I am a competent cyclist. I recognise I will be riding a
Bicycle which I may not be familiar with and as such I will exercise additional
care and attention.
DAMAGE CHARGES
·
Other than which can be reasonably classed as normal wear and tear
(Non Exhaustive) charges will be applied to the renter.
·
Repairs will be costed as advised by Frome Town Council or Paul
Vincent.
·
Accessory Loss / damage will be charged at retail price.
DISCLAMERS
·
Items supplied may differ from those advertised & are always
subject to availability.
·
Owner/Hirer reserves the right to alter, terminate or withdraw any
items or promotions advertised or so offered and their prices or conditions at
any time.
·
In all cases the Owner/Hirer will act within reason to honour
bookings and agreements.
·
Cycling can be dangerous and has risks involved. By hiring an
ebike through this scheme you and everyone else in your group declare to be in
good health and are not suffering from any medical condition or disability
which is likely to adversely affect normal control of the Bicycle. Safe cycling
is dependent on your alertness and good judgement. Please cycle sensibly, with
respect for others and the natural habitat.
·
You (and everyone else in your group also agree) to:
o
not undertake any manoeuvres which are beyond your level of skill
or beyond the design purposes of the equipment provided by ‘The Owner/Hirer’.
o
not ride on pavements or footpaths and to follow the Highway Code
o
be aware when cycling after dark and use your Bicycle’s fitted
lights, bells, reflectors.
·
I fully indemnify ‘The Hirer’ against claims of injury to myself
or any third party unless it can be proven that ‘The Owner/Hirer’ did not
fulfil reasonable maintenance procedures for the equipment being used.
·
This Agreement is covered by English Law. In the event that any
part of the Agreement is for any reason unenforceable the remainder shall
remain in full force and effect.
·
‘The Owner/Hirer’ is Frome Town Council hosted by Paul Vincent.