Waiver of liability (UK)
By accepting and using the Borrowed Bike (as defined at clause 1.1
below), the Borrower agrees to comply with and be bound by the terms of this
waiver.
A Borrower who borrows an E-Bike must be at least 14 years of age [and
accompanied at all times by a legal guardian].
Borrowers who are under 18 years of age and borrow a bike (which is not
an E-Bike) are permitted to borrow the bike provided they are accompanied by a
legal guardian.
Where a Borrower is under 18 years of age, the Borrower’s legal guardian
shall execute this waiver and shall be bound by the terms of this waiver as if
they were the Borrower.
The Borrower acknowledges that use of the Borrowed Bike is at their own
risk and they possess the requisite skill and experience to use the Borrowed
Bike. A helmet must be worn at all times when using the Borrowed Bike.
1. OBLIGATIONS
OF THE BORROWER
1.1
The borrower undertakes, warrants and represents they shall use and
store the bike borrowed (“Borrowed Bike”)
from YT Industries GmbH (“Lender”) properly.
1.2
The borrower acknowledges that it is only entitled to use the Borrowed
Bike for the period of time as communicated by the Lender to the borrower (“Loan Duration”). Title in the Borrowed Bike shall not pass to the
borrower.
1.3
The Borrowed Bike must be securely locked to fixed objects at all times
when not in use, including when parking the Borrowed Bike briefly.
1.4
The borrower is not permitted to lend, lease or transfer the Borrowed
Bike to third parties.
1.5
Immediately upon the instruction of the Lender or after the Loan Duration
has expired, the borrower must return the Borrowed Bike to the Lender in the
condition agreed at the commencement of the Loan Duration.
1.6
The borrower may not make any technical or aesthetic modifications to
the Borrowed Bike including painting or adding stickers or adhesive films to
the Borrowed Bike.
1.7
When returning the Borrowed Bike, the borrower must report to the Lender
details of incidents that have occurred or any defects which have arisen in
respect of the Borrowed Bike.
1.8
The borrower will ensure that the bike will not be operated under the
influence of alcohol or intoxicating substances.
1.9
The borrower must wear appropriate protective clothing while using the Borrowed
Bike such as a helmet and elbow and/or knee protectors.
1.10 The borrower confirms
that he/she is at least 18 years old at the time of rental.
2. LIABILITY
THE BORROWER
SHOULD CONSIDER THIS CLAUSE 2 CAREFULLY AS IT DETAILS THE BORROWER’S LEGAL
LIABILTIY IN RESPECT OF USE OF THE BORROWED BIKE.
2.
2.1
Subject to clause 2.2, 2.3, 2.4 and 2.5, the borrower is responsible for
any losses, damages and/or costs, whether direct or indirect, (including costs
of repair or replacement) that arise from:
2.1.1
loss, theft or damage to the Borrowed Bike whilst the Borrowed Bike is
in the care of, used or stored by, the borrower;
2.1.2
the borrower’s negligent or improper use of the Borrowed Bike; or
2.1.3
where the Borrowed Bike is not used or stored in accordance with clause 1.
2.2
Nothing in this waiver limits any liability which cannot legally be
limited, including (but not limited to) liability for:
2.2.1
death or personal injury caused by negligence;
2.2.2
fraud or fraudulent misrepresentation; or
2.2.3
breach of the terms implied by section 2 of the Supply of Goods and
Services Act 1982 (title and quiet possession) any other liability which cannot
be limited or excluded by applicable law.
2.3
The borrower shall not be responsible for the losses, damages and/or
costs set out in clause 2.1, where such losses, damages or costs have arisen as
a result of the Lender’s deliberate act, negligence, or operational faults of
the Borrowed Bike caused by the Lender.
2.4
The borrower rides, stores and uses the Borrowed Bike at their own risk.
Subject to clause 2.2, the Lender assumes no liability for damage to property
or personal injury as a result of the borrower’s use or storage of the Borrowed
Bike. The Lender assumes no liability for unforeseen damage (defective tyres, worn
gear cable or similar).
2.5
If the Borrowed Bike is damaged (in the reasonable opinion of the
Lender) when it is returned, and such damage was not agreed between the parties
to have existed prior to commencement of the Loan Duration, the borrower shall
be responsible for the costs associated with the damage, unless the borrower can
prove that the damage already existed at commencement of the Loan Duration.
2.6
In the event of theft or accident, the Lender is entitled to pass on certain
information regarding the borrower to third parties such as the police.
3. RETURN
3.
3.1
If the borrower wishes to extend the Loan Duration, the borrower requires
the consent of the Lender before expiry of the Loan Duration.
4. GENERAL
4.
4.1
This agreement constitutes the entire agreement between the parties. Each
party acknowledges that in entering into this agreement it does not rely on any
statement, representation, assurance or warranty (whether made innocently or
negligently) that is not set out in this agreement. Each party agrees that it
shall have no claim for innocent or negligent misrepresentation or negligent
misstatement based on any statement in this agreement.
4.2
Changes to this agreement must be made in writing.
4.3
This agreement does not give rise to any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this agreement.
4.4
The agreement and any dispute or claim arising out of or in connection
with it or its subject matter or formation shall be governed by and construed
in accordance with the law of England and Wales and each party irrevocably
agreed that the courts of England and Wales shall have exclusive jurisdiction
to settle any dispute or claim (including non-contractual disputes or claims)
arising out of or in connection with this agreement or its subject matter or
formation.
4.5
In the event that individual provisions of this agreement are or become
fully or partially invalid, illegal or unenforceable, this shall not affect the
validity and enforceability of the rest of this agreement. In place of the
ineffective, invalid, illegal, unenforceable, impracticable or missing
provision, such an effective and enforceable provision shall be agreed between
the parties as they would have agreed upon in consideration of the economic
purpose of this agreement if they had known of the ineffectiveness, invalidity,
illegality, unenforceability, impracticability or absence of the respective
provision when concluding this agreement. The parties must confirm such a
provision in the form requested, but at least in writing.