1. CYCLE HIRE TERMS AND CONDITIONS
1.1 We aim to provide high-quality, specialist cargo bikes for hire. To achieve this at a reasonable cost we ask our customers to treat the equipment responsibly. The cargo bikes are solely for use on road and paved tracks. They are not to be used for racing or competition riding, mountain biking or stunt riding.
1.2 Bikes and equipment can only be hired from S-Cargo on completion of a Hire Agreement Form or by accepting our hire conditions on our online booking portal. S-Cargo reserves the right to take the customer’s Credit Card details to hold as security until the bike is returned in the condition it was hired out in. Upon acceptance of these Terms & Conditions, a binding contract is formed between S-Cargo and the hirer. We reserve the right not to accept or to fulfill a Booking.
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 S-Cargo 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 the hirer and continues until the cycle(s) and equipment is returned to S-Cargo.
2. HIRER’S TERMS AND CONDITIONS
2.1 You (the hirer) are responsible for ensuring that you are physically fit enough to undertake cycling any distance using S-Cargo Hire Cycle(s). S-Cargo does not accept any responsibility for your failure to complete your hire period due to lack of fitness, illness or injury. S-Cargo does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can S-Cargo 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 carries its own risks and you have made your booking on the basis that you undertake the hire at your own risk.
2.3 You will ride your cycle responsibly at all times. You will not hold S-Cargo 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 S-Cargo against any claim, interest, demand or expense in respect of such injury or damage.
2.4 You will ensure that you always lock the cycle(s) with the Abus frame lock provided on the rear wheel, and also with the Oxford chain provided through the frame to an immovable object (this includes posts that have a height of 3 metres or more) when unattended. The cycle(s) must not be left unattended for more than 12 hours at any one time in a place to which there is public access.
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 hirer’s responsibility and will be charged for.
2.7 You will notify S-Cargo immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying S-Cargo 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 You agree not to remove or use the hired cycle(s) or equipment outside of South Yorkshire and North East Derbyshire without prior approval from S-Cargo.
2.10 You agree to allow the cycle(s) to be tracked whilst in your possession to allow us monitor bike use and aid theft recovery in the event of loss.
2.11 S-Cargo 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 S-Cargo will always do it’s best to have staff available during the hire period this cannot be guaranteed.
2.12 You will only use the cycle(s) for their intended use (carrying cargo), and not use them for racing, mountain bike riding, stunt or trick riding or for any other purpose other than riding to and from a destination.
2.13 DO NOT over fill the front load box. Fill evenly with no long or sharp edges sticking out of the box as these may become dangerous to others, pedestrians, and to the rider. The maximum cargo weight must not exceed 100Kg.
2.14 SECURE YOUR CARGO. Make sure that the load you are carrying cannot move around too much when you are riding. Sudden changes in weight distribution can make the bikes difficult to control.
2.14 CONTROL YOUR SPEED. Our cargo bikes are designed to provide a stable platform for carrying large loads at moderate speeds, as typically found in towns and cities. Riding the bikes at excessive speeds could result in loss of control of the bike.
3. PAYMENT TERMS
3.1 Payments are collected on booking the bike. We do not offer refunds in the event of cancellation but S-Cargo 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 S-Cargo the total price for your period of Hire set out in the Hire Agreement Form in advance of the hire commencing.
3.3 Late return of the Bike will be charged at twice the published daily hire rate for each day/ part day that the bike is returned late.
3.4 A Credit Card will be required at the commencement of any hire period, but this may extend to a deposit to the value of the cycle(s) by credit or debit card payment or other surety as deemed sufficient by S-Cargo depending on S-Cargo’s assessment of the risk and the value of the equipment. If a deposit is taken it will be returned at the end of the hire period provided that;
- Any cycles and/or equipment hired or used are returned in an undamaged condition to S-Cargo
- Any cycles and/ or equipment hired or used are returned within the arranged hire period at an arranged time and place to S-Cargo
3.5 If the terms set out in 3.4 (above) are not complied with, S-Cargo reserve the right to charge reasonable charges until such time when cycles and/ or equipment concerned have been returned to S-Cargo. 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 cycling may result from weather, excessive speed, collision with inanimate objects or other persons, rider inexperience, error or abuse of equipment.
4.3 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.
5. OUR LIABILITY TO YOU
5.1 S-Cargo accepts responsibility for death, personal injury and direct loss suffered by you which you can demonstrate was caused by our negligence up to the limit set out in clause 5.3 below.
5.2 S-Cargo 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, in respect of which no limit of liability shall apply, S-Cargo’s total liability to you under this contract between us shall be limited to the total cost of your Booking.
5.4 S-Cargo 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 S-Cargo 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 Data Protection Act 1998, 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 under the Date Protection Act 1998.
6. GENERAL
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.