BIKE, E-BIKE AND E-CARGO BIKE HIRE TERMS AND CONDITIONS
NOTES ON OUR TERMS AND CONDITIONS
On booking a bicycle, you must:
- Acknowledge pre-booking does not guarantee the availability of a specific bicycle. If a specific bicycle isn’t available you will be offered an equivalent alternative.
To hire a bicycle you must:
- provide acceptable proof of ID;
- be over 18 years of age (and prove to us that you are over 18 years of age if we so request); and
- accept responsibility for the timely return of the bicycle, using locks to secure the bicycle; damages and theft.
To ride a bicycle you must:
- be at least 14 years of age (for e-bikes);
- not be under the influence of alcohol or drugs, prescribed or otherwise;
- accept sole responsibility for assessing your own fitness, and health risks associated with cycling;
- accept that cycling is undertaken at your own risk;
- be considerate to other users of shared-paths, by not exceeding 10mph, and always using your bell as a warning;
- obey the Highway Code and recognise it takes precedence over navigation suggestions — specifically sections 59 to 82, Rules for Cyclists. (www.highwaycodeuk.co.uk/rules-for-cyclists); and
- stop your bicycle in a safe place before consulting any .gps navigation apps or maps.
Drosi Bikes CIC:
- reserves the right to refuse hire based on the sole judgement of its employees;
- cannot be held liable for any loss or injury caused to you or third parties; and
- cannot guarantee the suitability of roads, tracks and paths for cycling.
TERMS AND CONDITIONS FOR EQUIPMENT HIRE
THE CONTRACT BETWEEN YOU ‘THE CUSTOMER’ AND US ‘DROSI BIKES CIC’
This equipment hire agreement (the “Agreement”) is between (1) you, the customer, (“the Customer” “you”) and (2) Drosi Bikes CIC Registration No: 12588844, (“the Owner” “we” “us” “our”) and is for the hire of an electric bicycle and, if requested a bike helmet and puncture repair kit (“the Bicycle”).
You can contact us at our registered office address: Fringe Shed, Parade Street, Llangollen, LL20 8PW or by telephone on 07396658501.
This Agreement is for the hire period you have chosen during the booking process, typically half day (3 hours) or full day (10am-4pm) or a multiple of these (“Hire Period”).
No variation to the terms and conditions that follow shall be binding unless agreed in writing between the Customer and the Owner.
- THESE TERMS
- These are the terms and conditions on which we hire the Bicycle to you.
- Please read these terms and conditions carefully before you submit your order to us. These terms tell you who we are, how we will hire the Bicycle to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss.
- PLACING AN ORDER
- You may place an order by telephone, via our website, email or in person at our premises. You may place an order for any number of Bicycles but the minimum age for any person to ride our Bicycle (“Rider”) is 14 years old. Any Riders who are aged under 18 must be accompanied by a parent or guardian. You will be responsible for the payment of the hire charges in relation to all Bicycles that you hire and for any loss or damage to them. We will require each Rider to read and sign the Waiver and Release document (see appendix).
- When you place your order you may request specific bicycles. We will try to accommodate any such requests however we give no guarantee of the specific bicycle that will be provided to you. Any Bicycle provided will be comparable to any bicycle requested by you and agreed by us during the order process.
- OUR CONTRACT WITH YOU
- Our acceptance of your order will take place when we tell you that we are able to provide you with a Bicycle, which we will also confirm in writing to you, at which point a contract will come into existence between you and us. Once the contract has come into existence, you will be responsible for paying the full price of the hire unless paragraph 11 applies.
- If we are unable to accept your order, we will inform you of this in writing and will not charge you for the hire period you have requested. We reserve the right at our absolute discretion not to accept any order.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to your order, including to the Hire Period, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the hire, the timing of the Hire Period or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
- We may change the Agreement:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your hire.
- We may change the Agreement:
- COLLECTION
- You are responsible for collecting the Bicycle from our premises at the start of the Hire Period as set out in the order and accepted by us. You may collect the Bicycle at any time during our normal business hours between the start and end of the Hire Period. You will not be entitled to any reduction in the charges payable for the agreed Hire Period if you collect the Bicycle later than the agreed start of the Hire Period.
- If you do not collect the Bicycle you will be required to pay the full cost of the agreed Hire Period unless paragraph 11 applies.
- When you collect the Bicycle you will be required:
- to provide proof of your ID and address, e.g. driving licence, passport, national ID, utility bill;
- to listen to a basic safety briefing;
- to familiarise yourself with the use of the Bicycle, particularity the electric assist technology, battery charge display, power-modes and brakes;
- to collect a helmet, which you are strongly advised to wear at all times during the hire;
- to sign the Waiver & Release document (see appendix); and
- to provide card details for a pre-authorised deposit which will cover the Bicycle in case of loss / damage etc. In the case of loss, damage or later return, we are entitled to charge the card provided for all costs incurred by you.
- USE OF THE BICYCLE
- During the Hire Period, you agree:
- to never submerge the Bicycle or take it onto a beach or into water.
- not to use the Bicycle for mountain biking or on rough terrain
- that cycling on public highways and cycle routes carry risks that cannot be managed by us. The activity may result in severe injury, including but not limited to, spinal or head injury.
- to follow the laws of England and Wales, including the Highway Code, specifically sections 59 to 82 , and to desist from racing or tricks.
- the Bicycle battery and motor have limitations. These will be explained to you during the safety briefing. It is your responsibility to understand these, act and return the bicycle to us accordingly.
- that you shall not use the Bicycle under the influence of alcohol or drugs.
- If during the Hire Period any component becomes defective (through no fault of you), you will contact us and we will assist, either to advise, make a repair or provide another bicycle as soon as is practical.
- During the Hire Period, you agree:
- RETURN OF THE BICYCLE
- At the end of the Hire Period, you agree to:
- return the Bicycle at or before the end of the Hire Period.
- pay £5 p/hour (or part thereof), inclusive of taxes for any period of late return.
- notify us as soon as practicable if you believe that you will or may be late in returning the Bicycle.
- notify us of any damage to or problems with the Bicycle.
- At the end of the Hire Period, you agree to:
- DAMAGE, THEFT OR LOSS
- You agree to take good care of the Bicycle whilst it is in your custody and control and be responsible for any loss or damage to the Bicycle. You will return the Bicycle to us in materially the same condition as in which you received it. If when you return the Bicycle to us we consider that it has suffered damage, you agree to pay:
- to replace any damaged components at the cost of their supply to us;
- us at market rate for the cost of any repairs, including the fitting of any replacement components; and
- for the replacement of the Bicycle if we reasonably consider it to be beyond economic repair.
- If the Bicycle is lost or stolen whilst in your custody or control you agree to pay us the cost of replacing the Bicycle.
- You agree to take good care of the Bicycle whilst it is in your custody and control and be responsible for any loss or damage to the Bicycle. You will return the Bicycle to us in materially the same condition as in which you received it. If when you return the Bicycle to us we consider that it has suffered damage, you agree to pay:
- LIABILITIES
- If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process but we do not exclude or limit in any way our liability to you where it would be unlawful to do so.
- The Customer shall indemnify and hold harmless the Owner, it’s employees and company directors, in respect of:
- death or injuries incurred when using the Bicycle;
- claims, losses or damages caused by you or your use of the Bicycle to our property or to third parties; and
- claims, losses or damages caused by you or your use of the Bicycle to our property or to third parties; and
- YOUR RIGHTS TO END THE AGREEMENT
- You may contact us to end this Agreement at any time before the start of the Hire Period, but in some circumstances we may charge you for doing this, as described below.
- If you are ending this Agreement for a reason set out at 11.2.1 to 11.2.4 below the Agreement will end immediately and we will refund you in full for any Hire Period which has not been provided or has not been provided properly and you may also be entitled to further compensation. The reasons are:
- we have told you about an error in the price or description of the hire and you do not wish to proceed;
- there is a risk that the Hire Period may be significantly delayed because of events outside our control;
- we have suspended the Hire Period for technical reasons, or we notify you that we are going to suspend the Hire Period for technical reasons, in each case for a period of more than 4 weeks; or
- you have a legal right to end the Agreement because of something we have done wrong.
- If you are not ending the Agreement for one of the reasons set out in paragraph 11.2 the Agreement will end immediately when we receive written notice from you but you will not be entitled to a refund of any sums which you have prepaid and you will remain liable to us for the full cost of the Hire Period unless paragraph 11.4 applies.
- Subject to clause 11.5, if you submitted your order to us by email, via telephone or in other circumstances where the Consumer Protection (Distance Selling) Regulations 2000 apply then you may cancel your order at any time within 14 days of the date on which your order was submitted and receive a full refund from us of any sums which you have prepaid.
- Your right to cancel set out in clause 11.4 will not apply to the extent that you have requested a Hire Period starting within 14 days of the date of your order and that Hire Period has commenced and/or concluded.
- OUR RIGHTS TO END THE CONTRACT
- We may end the Agreement at any time by writing to you if you break any of these terms and conditions If we end the Agreement because you have broken any of its terms you will not be entitled to a refund of any sums which you have prepaid and you will remain liable to us for the full cost of the Hire Period.
- IF THERE IS A PROBLEM
- If you have any questions or complaints about the hire, please contact us. You can telephone our consumer service team at 07396658501 or write to us at hello@drosi.3feathersconsulting.co.uk or Fringe Shed, Parade Street, Llangollen, LL20 8PW. Alternatively, please speak to one of our staff in-store.
- Nothing in this Agreement affects your legal rights.
- PRICE AND PAYMENT
- Unless you are a Local Resident, the price of the hire (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of the hire advised to you is correct. However please see paragraph 14.3 for what happens if we discover an error in the price of the hire you order.
- If you are a Local Resident, the price of the hire (which includes VAT) will be the donation which you have proposed and we have agreed in your order provided that at the start of the Hire Period you are able to provide satisfactory evidence that you are a Local Resident. If you are unable to provide such evidence at the start of the Hire Period, the price of the hire will be the price set out in our price list in force at the date of your order.
- It is always possible that, despite our best efforts, there may be errors in our published prices. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may terminate the contract and refund you any sums you have paid.
- We accept payment with cash or credit / debit card. You must pay for the hire in full when booking.
- For the purposes of this clause 14, a Local Resident means a person who lives in the LL20 postcode.
- OTHER IMPORTANT TERMS
- This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this Agreement or make any changes to these terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- GOVERNING LAW AND JURSIDICTION
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and you can bring legal proceedings in respect of this contract in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the contract in either the Northern Irish or the English courts.
- PRIVACY, DATA PROTECTION AND MARKETING
- We will only use your personal information as set out in our Privacy Policy. A copy of our privacy policy can be found at www.drosi.3feathersconsulting.co.uk/privacy-policy.