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.