Electric Bike Hire – The Legal bit
Terms & Conditions
ElectricLifeCycling Ltd, company number 14148280
Cycle Hire and associated equipment Terms & Conditions.
Bikes can only be hired from ElectricLifeCycling Ltd after signing Terms & Conditions. The signatory of the Terms & Conditions for each Booking must also be the ID holder and Primary Hirer. A Booking is made by the Hirer (hereinafter referred to as ‘You’) by submitting your completed Booking Form along with your Payment. Upon acceptance of your completed Booking, a binding contract is formed between You and ElectricLifeCycling Ltd (‘We’ hereafter) on the terms and conditions set out below.
When a Booking is made by one person on behalf of another person or other people (as the case may be), the person making the Booking confirms that he or she has the authority to make such Booking on behalf of the other person(s), regardless of age. The Hire Period commences on the day the cycle(s) and equipment is collected and continues until the cycle(s) and equipment is returned. You accept responsibility for ensuring that any, and all, users of ElectricLifeCycling Ltd Hire equipment and cycles included in the Hire covered by this agreement, comply with the terms and conditions below (where ‘You’ refers to all cyclists).
1. Your responsibilities
- You are responsible for ensuring that you are physically fit enough to undertake cycling any distance using the cycle(s) you have booked. We do not accept any responsibility for your failure to complete your Hire period or chosen route due to lack of fitness, illness or injury.
- You accept that cycling on a public highway, cycle route, thoroughfare or track carries its own risks, and you have made your Booking on the basis that you undertake the Hire and Tour at your own risk. You understand and accept that We advise the wearing of cycle helmets at all times during your rental and provide a selection of helmets, the wearing of which helmet is at the discretion of the Hirer and rider and We take no responsibility for ensuring or guaranteeing fit of aforementioned helmets. You are hereby advised it is preferable and advised to bring your own helmet(s).
- You will ride your cycle responsibly at all times. You will not hold ElectricLifeCycling Ltd Bike Hire responsible for any loss, damage or injury including death to persons or property with regard to use of the cycle(s) and equipment hired. You accept responsibility to indemnify ElectricLifeCycling Ltd Hire, its associates or agents, against any claim, interest, demand or expense in respect of any such injury or damage.
- We recommend that you arrange your own suitable insurance cover at all times during the period of Hire.
- We offer additional Equipment insurance at a rate advised in our Booking form. This is on a per bike per session basis and will limit your liability to a maximum of £250 payable. The insurance will become invalid and we will retain the right to seek full costs of any loss or damage if your responsibilities as set out in this section 1 are not adhered to. (For exclusions see section 7)
- You are responsible for all cycles and equipment hired or loaned and it is your responsibility to keep the same safe from damage, loss or theft, use it in a proper manner and not subject it to any misuse or unfair wear and tear.
- You will notify ElectricLifeCycling Ltd immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying reasonable costs of reparation of any such loss, damage or theft.
- You will not offer for sale or otherwise part with possession of the hired cycle(s) or equipment.
- You will not allow anyone under the age of 14 to ride an e-bike you have hired as per current UK government law
- Do not ride under the influence of alcohol, strong medication or other drugs that may affect your performance.
- Follow the highway code at all times. Do not ride on pavements, against traffic, or more than two abreast. Do not run red lights. Be courteous to pedestrians and other road users. Ride responsibly: do not attempt any manoeuvres beyond your skill level or the bike’s specific capabilities.
2. Price and Payment
- In consideration of our arranging and fulfilling your Hire in accordance with these terms and conditions you agree to pay the total price for your period of Hire set out on the Booking Form in advance of the hire commencing.
- You are responsible for returning the bikes helmets and locks to the point of hire unless agreed by prior arrangement. Any failure to return your bike to the point of hire will incur you a cost in line with our published prices.
- Any unreturned items will be charged to you.
- Any cycles and/or equipment hired or used are returned in a damaged condition, will be charged to you. If these terms are not complied with, We reserve the rights 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. In all cases Normal Wear & Tear as defined by the products manufacturer or supplier is accepted and is included in any hire price.
3. Identification checks
- The principal hirer must produce a government issued identification document (Passport or Full driving licence) and a recent (less than 3 months old) proof of address document (any utility bill) prior to the release of the bike(s). Failure to produce satisfactory documentation as set out above may result in the bike hire being terminated immediately at the full cost to You. We retain the right to keep the above documentation as part of an agreed security deposit for the duration of the equipment hire.
4. Charges in the event of any loss or damage to hired equipment
- We reserve the right to invoice you for the equipment hired (Including but not limited to E-bikes, helmets, locks, pumps, repair kits, tools) and use your original payment details to charge you in the event of any loss, theft, damage or late return, subject to the following terms.
- Charges will be applied for any loss, theft, damage or failure to return the equipment by the specified time and date.
- If not returned by the specified time and date, the cost of hire shall be charged on a pro rata basis as per our advertised prices until it is returned.
- Any late return, replacement or repair costs or insurance excess payments will be charged to you and we reserve the right to charge these to your original payment details
- The Hirer will be held fully financially liable for any loss, theft or damage to all bikes and accessories (including damage due to excessive water, dirt or sand).
- Repairs or replacements will be charged at the full market value.
- Failure to pay any of the above mentioned charges will result in legal action being taken against you through the English court system
5. Our Liability to you
- All bikes are checked prior to any hire term. At all times you accept that cycling has inherent risks and that all equipment may fail. You accept responsibility for ensuring cycles are roadworthy and of sound condition before embarking on your Hire Period or journey and accept you will not hold ElectricLifeCycling Ltd, or any of it’s employees or agents responsible for any personal loss, injury or death occurring during the period of agreed hire .
- We will not be liable to you where any alleged loss or damage results from:
- any of your own actions or omissions or those of any member of your party;
- the action or omission of a third party not connected with the provision of your Tour; or
- an event or circumstances which we could not have predicted or avoided even after taking all reasonable care;
- an action or omission on the part of any accommodation provider or cycle hirer; or
- where any loss or damage is considered to be indirect or consequential loss.
- In the event of ElectricLifeCycling Ltd Hire being unable to fulfil your booking our liability to you shall not exceed to the agreed cost of the hire.
6. Cancellation policy
- Payments are collected on booking the bike(s) through our online booking system.
If you choose to cancel your booking our cancellation policy is as follows:
- Up to 1 Month before the event or hire date – 10% administration charge.
- Up to 2 weeks before the event or hire date – 25% of the value of the hire.
- Up to 1 week before the event or hire date – 50% of the value of the hire.
- 24 hours before the hire period – 75% of the value of the hire.
- On the day of hire. – Full charge will be taken.
- We may consider individual cases in extraordinary circumstances. Covid or any Covid related illness is not considered as extraordinary circumstance
- We offer optional equipment insurance as part of our offer when You make the booking.
- The insurance only covers equipment hired and does not cover any personal loss, injury or death to You or any of your party
- We underwrite this insurance ourselves
- There is a £250 excess for any claim for each bike hired and insured
- The following exclusions apply:
- Theft or loss as a result of negligence on Your behalf. This includes leaving the bike unattended even if using our supplied locks or a lock of your own
- Any action by You which contravenes your responsibilities contained in Section 1 of this agreement
- Any personal loss, damage, injury or death to you or any of your party
- 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. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.
- 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.
- 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.
- 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.
- 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.
About this privacy notice
At Electric Life Cycling we are committed to respecting your privacy and to complying with data protection laws, including the UK GDPR, the Data Protection Act 2018 and the GDPR. We will use any information you submit to us only to support our continuing relationship with you.
We have provided this privacy notice to help you understand how we collect, use and protect your information when you visit our website and when you use our services. It relates to personal data, which means information which identifies you, either directly or indirectly.
We only hold and process personal information in accordance with this privacy notice. This notice is effective from June 2022, but we may update it, and you should check this page from time to time to make sure that you are happy with its contents.
Types of data we collect
We collect your personal information when you use our services, make customer enquiries, register for information or other services, request information, reserve an e-bike, make payment or respond to communications from us.
The type of personal information we collect includes your name, telephone number, email address and postal address. It may also include information such as your height and weight which we need if you are making a reservation, to ensure that we provide you with the right e-bike for you. If you make a booking, we may also ask for copies of identity documents such as a passport, driving licence or utility bill, and payment information.
How we use your information
We may use your information for a number of purposes. These include managing and administering your account, delivering services, information requested by you, responding to enquiries, processing payment, administering debt recoveries, and verifying your identity when required.
We would like to hold on to your contact details so that we can let you know about our offers, but will only do this with your specific consent.
Our lawful basis for collecting and processing your information
We rely upon the fact that it is a legitimate interest of our business to collect and process your data, and also on the need to collect and process your data so that we can meet our contractual obligations to you, where that is the case.
We rely upon your consent to receive marketing information. If you don’t wish to receive news about our offers, you can let us know by clicking the ‘unsubscribe’ button at the bottom of the email.
Transferring your data
We don’t share, sell or in any way transfer your data to anyone else, unless we have your specific consent or are required to do so by law or a regulatory requirement. We may transfer your data outside of the UK, for example if you are based in a different country, by communicating with you there. We will not transfer your data to any country outside of the UK or the EEA other than your place of residence, except with your permission, or if we are required to do so by law or a regulatory requirement.
How long do we keep your information for?
Unless we are required by law or regulation to hold it for longer, we will delete your information after three months unless you consent to receiving marketing information. If you do consent to receiving marketing information, we will only keep the information we need to contact you. We will keep this information until you unsubscribe.
Controlling your personal data
You can contact us at any time to obtain details of the personal information we hold about you. If you believe that any information we are holding about you is incorrect or incomplete, you can ask us to correct it and we will do so.
You can also ask us to erase the data we hold about you at any time and we will do so within 30 days unless we are required by law to retain that information.
Requests should be addressed to email@example.com providing your name and address. We will take reasonable steps to confirm your identity before complying with any such request.
Cookies are small files that are stored by the web browser on your computer or mobile phone. We use Google Analytics traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes. The data collected and stored is anonymous and does not contain any personal data or identify you. Google stores the information on servers in the USA. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using our website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
In some cases third-party cookies are stored on your device once you enter our site. These third party cookies enable you to take advantage of certain services offered by third parties, for example cookies for the processing of payment.
Social media plug-ins
We use plug-ins of social media networks on this website and its pages (for example Facebook, Twitter, Instagram and Pinterest).
As a rule, you will be able to recognise these plug-ins because of the respective social media logos that appear. To protect your data on this website when you access social media plug-ins, we only use them in combination with a Shariff button solution. This means that you will only be navigated to the social media website in question once you have pressed the button. The button acts as your consent. It is only after giving this consent that your data can be accessed by the social media provider. Once you activate the plug-in, the provider receives the information that you have visited this website with your IP address. If you are simultaneously logged into the social media account in question, the provider will match your visit to this website to your user account.
If you are unhappy with the way we have dealt with your data, or if you feel we have not dealt with any request about your data in a timely and appropriate way, you can complain to the Information Commissioner (which is the UK’s data protection regulator) on their helpline number: 0303 123 1113.