TERMS & 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 Cheltenham Bike Hub on completion of a Hire Agreement Form or by accepting our hire conditions on our online booking portal. Upon acceptance of these Terms & Conditions a binding contract is formed between Cheltenham Bike Hire and the hirer.
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 Cheltenham Bike 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 you and continues until the cycle(s) and equipment is returned to Cheltenham Bike Hire. Our standard hours of hire start at 9.30am and finish at 5.30pm on the given days of hire, unless otherwise agreed.
1.5 We reserve the right not to accept or to fulfil a Booking.
2. HIRER’S TERMS AND CONDITIONS
2.1 You are responsible for ensuring that you are physically fit enough to undertake cycling any distance or compete in events using Cheltenham Bike Hire Cycle(s) or Equipment you have booked. Cheltenham Bike Hire does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Cheltenham Bike Hire does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Cheltenham Bike 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 and competition 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 Cheltenham Bike Hire advises 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 Cheltenham Bike 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 Cheltenham Bike Hire against any claim, interest, demand or expense in respect of such injury or damage.
2.4 You will ensure that you have suitable Insurance cover at all times during the period of your hire.
2.5 You are responsible for all cycles and equipment hired or loaned and it 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 may be charged for.
2.7 You will notify Cheltenham Bike Hire immediately of any loss, damage or theft to the hired cycles or equipment however caused. You may be responsible for paying Cheltenham Bike 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 Cheltenham Bike 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 keep a check on the bike they have hired. Whilst Cheltenham Bike 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:
For low-season hires taking place in January, February, March, October, November or December
Up to 2 weeks before the event or hire date – 5% of the value of hire.
Up to 1 week before the event or hire date – 20% of the value of the hire.
Up to 3 days before the event or hire date – 50% of the value of the hire.
1 day before the event – 75% of the value of the hire.
Day of event – full charge will be taken.
For mid-season hires taking place in April or September
Up to 4 weeks before the event or hire date – 5% value of the hire.
Up to 2 week before the event or hire date – 20% of the value of the hire.
Up to 1 week before the event or hire date – 50% of the value of the hire.
3 days or less before the event – 75% of the value of the hire.
Day of event – full charge will be taken.
For high-season hires, taking place in May, June, July and August, and including any bank holidays throughout the year:
Up to 4 weeks before the event or hire date – 10% value of the hire.
Up to 2 week before the event or hire date – 30% of the value of the hire.
Up to 1 week before the event or hire date – 60% of the value of the hire.
3 days or less before the event - full charge will be taken.
Cheltenham Bike 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 Cheltenham Bike Hire the total price for your period of Hire set out in the Hire Agreement Form in advance of the hire commencing.
3.3 Unless previously agreed, bikes returned after 5.30pm on the final day of hire will be considered a late return. Cheltenham Bike Hire reserves the right to make an additional hire charge up to the value of one full day’s hire. Cases will be considered individually.
3.4 A Credit Card number will be required at the commencement of any hire period and will only be used in the event of late payment charges or charges for theft or damage.
3.5 If the listed hire terms are not complied with, Cheltenham Bike Hire reserve the right to charge reasonable charges until such time when cycles and/ or equipment concerned have been returned to Cheltenham Bike Hire. 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 products 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. PERSONAL SAFETY
4.1 It is the rider’s responsibility for their own safety. Cycling involves personal risk and you must ride responsibly.
4.2 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.
4.3 First time or novice bikers should use the equipment under the supervision of an experienced rider.
4.4 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.
5. OUR LIABILITY TO YOU
5.1 Cheltenham Bike Hire will provide quality equipment which has been fully serviced, repaired and maintained and which is in good working order. If you feel at any point prior to leaving the premises that this obligation has not been met, please raise your concerns with the duty manager and we will seek to resolve this and provide alternative equipment. If during your hire period, the bike suffers a catastrophic failure that does not pertain to fair wear and tear, please cease riding immediately and contact our Head Office for further instruction. You will be responsible for your own repair of fair wear and tear e.g. punctures, using the repair kits provided.
5.2 Cheltenham Bike Hire will not be liable to you where any alleged loss or damage results from;
Any of your own actions or omissions;
The action or omission of a third party not connected with the provision of your bike hire:
An event or circumstances which we could not have predicted or avoided even after taking all reasonable care;
Where any loss or damage is considered to be indirect or consequential loss.
5.3 Except in respect of death and personal injury directly linked to the quality of equipment repair, in respect of which no limit of liability shall apply, Cheltenham Bike Hire’s total liability to you under this contract between us shall be limited to the total cost of your Booking.
5.4 Cheltenham Bike Hire shall have no liability to you if we are unable to fulfil a Booking due to an event of Force Majeure. In the event of Cheltenham Bike Hire being unable to fulfil your booking our liability to you shall not exceed to the agreed cost of the hire.
5.5 Except where expressly permitted under the GDPR and other appropriate regulations, we will only use your personal details in connection with your Booking arrangements, unless you agree otherwise. We will keep your personal details secure in accordance with our obligations.
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, express 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 English law, and both of us hereby agree to submit to the exclusive jurisdiction of the English Courts.