Terms & Conditions
1. CYCLE HIRE TERMS AND CONDITIONS
1.1 Vern Overton Cycling provides high quality specialist bikes for hire. To achieve this at a reasonable cost we ask our customers to treat the equipment responsibly. Before being subject to your hire, bikes are serviced and maintained to the highest industry standards by an in-house CYTECH Level 3 Mechanic. Documentary evidence is maintained to show the level and frequency of bike servicing and list all replacement parts which may have been fitted, thus forming an audit trail of maintenance for each cycle.
1.2 Bikes and equipment can only be hired from Vern Overton Cycling on completion of a Hire Agreement Form or by accepting our hire conditions. We reserve the right to take the customers Credit/Debit 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 British Bike Hire and the hirer. We reserve the right not to accept or to fulfil a Booking.
1.3 All Bookings are subject to availability. When a Booking is made by one person on behalf of another person, that person confirms to Vern Overton Cycling 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 Vern Overton Cycling. Competitive rates of hire for each type of bike are as per the Vern Overton Cycling website www.voc.bike
HIRER’S TERMS AND CONDITIONS
2.1 You are responsible for ensuring that you are sufficiently fit to undertake cycling using the type of bike that you have hired. Vern Overton Cycling does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Nor does it accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Vern Overton Cycling 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 or off-road 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 Vern Overton Cycling 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 Vern Overton Cycling 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 Vern Overton Cycling 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. Vern Overton Cycling may offer Insurance as part of its offer and will only use a reputable and affiliated Insurance provider.
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 will be charged for.
2.7 You will notify Vern Overton Cycling immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying Vern Overton Cycling 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 Should a cycle break down within 10 miles of Darley, we will attempt to offer mechanical support at the roadside. Do be aware however that our mechanic is not on immediate standby to deploy and will be involved with other cycling duties – so there could be a long wait at certain times of the day. In all breakdowns (including those further afield) feel free to call 07595 460465 for best advice.
3. PAYMENT TERMS
3.1 Payments are to be made when reserving a bike for hire. Full Payment, or for advanced bookings a Deposit Payment may be made equal to 30% of the total cost of the bike-hire. Any balance payment that is owing must to be paid in full prior to bikes being released for hire. When bookings are cancelled our policy is as follows:
Cancellation made more than 4 weeks from the hire date – a charge of 10% of the total value of the hire will be levied
Cancellation of more than 7 days from the hire date – a charge of 30% of the value of the hire will be levied.
Cancellation of more than 3 days from the hire date – a charge of 50% of the value of the hire will be levied.
Cancellation of less than 24 hours before the hire is due – a full charge of the hire will be taken.
Vern Overton Cycling will consider individual cases in extraordinary circumstances. The charges that are made are to offset loss of other potential bike-hire clients. The sliding scale of charges made reflect the limiting timescale available to find other bike-hire clients.
3.2 In consideration of our arranging, preparing and servicing your bike for Hire – in accordance with these terms and conditions you will pay Vern Overton Cycling 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 Vern Overton Cycling depending on its 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 Vern Overton Cycling
Any cycles and/ or equipment hired or used are returned within the arranged hire period at an arranged time and place to Vern Overton Cycling.
3.5 If the terms set out in 3.4 (above) are not complied with, Vern Overton Cycling reserves the right to charge reasonable charges until such time when cycles and/ or equipment concerned have been returned. 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 manufacturer or supplier of the product 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 Hirers are strongly encouraged to wear a helmet, which is provided free of charge at the time of Hire.
4.3 Road, hybrid and mountain bikes are not to be used for racing, whether the race is part of an organised racing event or not.
4.4 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.
4.5 First time of novice bikers should use the equipment under the supervision of an experienced rider.
4.6 You are asked to show courtesy to other riders and when on the Public Highway you are expected to abide by the Highway Code – in particular the “extra rules for cyclists” (rules 187-211).
4.7 Road bikes are not to be ridden off-road – but please liaise with www.voc.bike for any clarification, such as if planning any off-road sections of the Way of the Roses Cycleway etc. Hybrid bikes and mountain-bikes may be ridden on roads, tracks and trails and mountain-bikes only may be ridden when riding cross-country trails.
4.8 Mountain bikes Hired by Vern Overton Cycling are “hard-tail” in design (front suspension only) and are NOT to suitable for challenging downhill riding. Only experienced riders using “dual suspension” bikes (not Hired by Vern Overton Cycling) are suitable for riding “Downhill”.
4.9 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.
5.1 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.
5.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.
5.3 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.
5.4 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.
5.5 Vern Overton Cycling shall have no liability to you if they are unable to fulfil a Booking due to an event of Force Majeure (earth quake, hurricane, act of god etc). In the event of being unable to fulfil your booking under such circumstances, our liability shall not exceed the agreed cost of the hire, including any deposits already paid.
5.6 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.
5.7 Vern Overton Cycling 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 an indirect or consequential loss.
5.8 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.
5.9 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.