Cycle Hire Terms & Conditions
Cycle Hire Terms and Conditions July 2013
1. At the time of hire the user must provide Portsmouth Cycle Exchange with Identification in the form of either a drivers licence or passport.
2. A refundable security deposit of £50.00 will be requested by Portsmouth Cycle Exchange prior to hire. This is payable by credit/debit card, paypal or cash.
3. The hirer must read, agree and sign up to the Portsmouth Cycle Exchange Cycle hire terms and conditions.
4. The hirer must complete and sign a booking form, before the hire commences.
5. No children’s equipment is provided by Portsmouth Cycle Exchange and bookings can be only taken for over 18’s.
1.1 These terms and conditions apply to your use of, the cycle hire service provided by Portsmouth Cycle Exchange.
1.2 If you have an enquiry or complaint, or experience a problem using the Cycle hire service provided by Portsmouth Cycle Exchange. Please contact us by telephone on 02392 815918 or email firstname.lastname@example.org c/o Cycle Hire.
1.3 Our staff and preferred partnerships have no authority to make individual exceptions or amendments to these terms and conditions.
1.5 We may amend these terms and conditions, including the Cycle Hire Charges, from time to time. This will be provided and communicated to you at the point of hire and updated on our website. It is your responsibility as the customer to check our terms and conditions regularly.
2.1 To use our cycle hire service you must meet the below criteria.
(a) be aged 18 years or over;
(b) ensure that all data provided by you is accurate;
(c) provide identification and a security deposit
(d) have a UK postal address that matches the billing address for the Payment Card
(e) agree to these terms and conditions.
2.2 We reserve the right to refuse your registration to the Cycle Hire service and use of a Cycle, in accordance with the provisions of our terms and conditions.
3 Hire Period
3.1 When registering to use the Portsmouth Cycle Exchange Cycle Hire service, you will be required to purchase one of the following pre-defined periods of time for which you may use the Cycle Hire service.
(a)"Daily"); or ("Weekly");
(b) Daily 24 hours from the time the hire commenced.
(c) Weekly 7 days (24 hours) from the time the hire commenced.
The Hire Period shall commence when:
(a) As a hirer, you sign and agree the booking form and leave the Portsmouth Cycle Exchange premises.
(b) When notified, documented and agreed by Portsmouth Cycle Exchange
3.3 When the Hire Period has expired:
(a) you will be unable to use a Cycle; and must return it to Portsmouth Cycle Exchange as agreed and detailed in the booking form at the set time.
(b) If you fail to return the bicycle within the agreed Hire period, late charges and fees may apply as pre notified to you.
4. Period of Use and Usage Charges
4.1 To avoid additional Charges, Cycles should not be used for any additional hours not agreed by Portsmouth Cycle Exchange or documented in the booking form.
4.2 Using a Cycle after the expiry of the Maximum Period of Use will mean that you will be charged additional Charges, as set out in paragraph 7 (Charges and payment) below.
4.3 The Usage Charge, as set out in paragraph 7 (Charges and payment) below, shall vary according to the length of time that you have taken a Cycle for use ("Period of Use"). The Period of Use for each Cycle shall commence when you leave the Portsmouth Cycle Exchange premises (sign the booking form)
4.4 The Period of Use shall be determined using the data recorded on our systems and that data shall be proof of your Period of Use. (i.e the booking form)
4.5 A time interval, to be determined by us and as defined is required between the end of one journey and the commencement of a subsequent journey in order for the subsequent journey to qualify as a separate journey and enable us to calculate the relevant Usage Charges in order to determine the fees owed by you to us Portsmouth Cycle Exchange.
4.6 Should a cycle be returned after the agreed time and date as detailed and signed on the Portsmouth Cycle Exchange booking form, a daily or weekly fee will be charged. This is as the disgression of Portsmouth Cycle Exchange and you the customer have been notified.
5 Availability Cycle Hire
5.1 We will always try to run a reliable service. Sometimes part or all of Portsmouth Cycle Exchanges Hire will be unable to operate for reasons beyond our reasonable control. We reserve the right to change the advertised service details and fees of operation of Portsmouth Cycle Exchange, Cycle Hire without giving you prior notice.
5.2 During certain periods, Portsmouth Cycle Exchange Cycle Hire may be heavily used so we cannot always guarantee to have a Cycle available for use at the time of enquiry.
5.3 If you have experience a problem with a Cycle during the Period of Use that prevents you from continuing to use the Cycle, you may be eligible for a refund of certain Charges that you have paid us. However we will not refund any of the Charges that you have paid us for any failure or delay due to an event beyond our reasonable control.
6 Your obligations
6.1 You are personally responsible for:
(a the hire and safe guard of the Cycle and any additional items
(b) each Cycle that you hire and use, inclusive of damages caused through negligence
(c) all items that you use i.e. the Cycle or any items you place in the Cycle basket;
(d) the charges that you as the user incur.
6.2 When using a Cycle,
(a) you must:
- comply with these terms and conditions, all applicable laws and the provisions of the Portsmouth Cycle Exchange Cycle Hire Service
- observe all traffic signs and signals;
- use the Cycle reasonably, safely, considerately and responsibly;
- take reasonable care of the Cycle and any additional items ;
- when stationing a cycle, securely lock the Cycle at an available Bicycle point to avoid theft of and damage to the Cycle;
- return the Cycle in the same condition as it was hired in (except for fair wear and tear); and
(b) must not:
- lock or secure the Cycle to any unsafe object or property during the Period of Use;
- use a Cycle to provide or operate a courier service or other business;
- give, lend or sell the Cycle to any other person
- damage, deface or vandalise the Cycle, or any of our equipment or property in any way;
- load the:
(A) Cycle basket with a load of more than 10 kilograms or any object which overhangs the basket;
(B) Cycle with a total weight of more than 115 kilograms;
(C) Cycle with more than one person at a time; or
(D) Cycle basket with any animals, children or persons;
(A) dangerous, hazardous or flammable substances; or
(B) any object that is:
1) likely to cause injury to you or injury or offence to any other person;
2) likely to cause damage to the Cycle, any other person or property; or
3) prohibited at law;
- use the Cycle for racing or stunt or trick-riding;
- dismantle or tamper with the Cycle (or in any way attempt to do so);
- add or attach accessories or trailers to the Cycle; or
- use the Cycle in an anti-social manner, i.e. a manner that causes or is likely to cause harassment, alarm or distress to others.
6.3 If you experience any problem with a Cycle during the Period of Use that prevents you from continuing to use the Cycle, please contact us immediately at Portsmouth Cycle Exchange. If you experience any problem and are able to safely continue to use the Cycle you must return it to Portsmouth Cycle Exchange immediately for it to be assessed.
6.4 If you are involved in an accident or damage or injury is caused to someone or something whilst using a Cycle, you must:
(a) stop cycling when safe to do so; and
(b) telephone Portsmouth Cycle Exchange immediately on: 02392 815918
- to notify us of the accident and any resulting damage to the Cycle; and
- for instructions as to who to contact in respect of any claim under the Public Liability Insurance and accident process.
7 Charges and payment
7.1 All of the Charges applicable to your use of Portsmouth Cycle Exchange, Cycle Hire service are defined on our website and update accordingly. The fees will also be detailed on your individual booking form and agreed by you the hirer.
7.2 We accept credit/debit card, paypal and cash.
7.3 You need to provide a valid credit or debit card, which is either a VISA, or Mastercard, which can be accepted by us and from which we can deduct the Charges.
7.4 You must ensure the address provided to Portsmouth Cycle Exchange is the same as the UK billing address of your Payment Card.
7.5 During the Hire Period, you agree not to cancel your Payment Card without first telling us and providing an alternative Payment Card from which we can collect the Charges.
7.6 By purchasing a Hire Period with a Payment Card, you agree to allow us to establish a continuous authority to collect from your account the relevant Charges for the Hire Period (a "Continuous Authority"). We will only seek payment for Charges in respect of actions initiated by you Such Charges will be payable at the times specified in paragraph 7.1 above – 7.9 below.
7.7 We reserve the right to amend these terms and conditions including the Charges at any time but, where practicable, will use all reasonable endeavours to provide you with prior notification of any such amendments.
7.8 You have the right to cancel this Continuous Authority at any time by contacting the Portsmouth Cycle Exchange and cancelling your registration to Portsmouth Cycle Exchange Cycle Hire.
7.9 We reserve the right to suspend or cancel this Continuous Authority at any time and will use all reasonable endeavours to provide hirers with prior notification of such action.
Payment of Charges
8.1 You will become liable for the Charges from the times set out below:
(a) the time the hire commences shall be payable on successful completion of the registration booking process;
- in terms of Daily Users, at the end of the Hire Period, where you have selected a Daily or Weekly Hire Period; or
(b) the Late Return Charge shall become payable in accordance with the late fees detailed on the booking form
(c) the Non-Return Charge shall become payable in accordance with the non-return charge detailed on the booking form
(d) Damage Charge shall become payable in accordance with the with the damage charge detailed on the booking form
8.3 The above Charges may be deducted from your Payment Card when payment is due. This has been effective communicated and agreed by you should you incur any of the above charges.
Late Return Charge
8.4 We shall charge you a Late Return Charge for each Cycle that has not been returned to us at the agreed time. This will be detailed on the booking form and be agreed by you the customer.
Non-Return Charge and Damage Charge
8.5 If a Cycle is lost or stolen during the Period of Use, we may charge you the relevant sum set out in the agreed booking form for each Cycle that is lost, stolen or damaged within the hire period.
8.6 If a Cycle is damaged during the Period of Use, then depending on the extent of the damage to the Cycle, we may charge you a sum up to the maximum sum set out in the booking form above for each Cycle that is damaged within this period ("Damage Charge").
9 Cancellation and amendment
9.1 If you wish to cancel or amend your booking with the Portsmouth Cycle Exchange cycle hire service you may contact us by telephoning 02392 815018 or emailing www.cycle-exchange.co.uk
Any refunds payable to you in relation to your use of Barclays Cycle Hire will be governed by our Refund Policy.
11 Exclusion and suspension
11.1 If at any time you do not comply with these terms and conditions, any applicable laws while using the Portsmouth Cycle Exchange Cycle service, we reserve the right to exclude or suspend you from using Portsmouth Cycle Exchange Cycle Hire service in accordance with these terms and conditions.
11.2 Information obtained by the police regarding non-compliance with these terms and conditions, any applicable laws may be disclosed to us and we may use such information to exclude or suspend you from using Portsmouth Cycle Exchange Cycle Hire service.
11.3 If you are excluded or suspended from using Portsmouth Cycle Exchange Cycle Hire service we have reason to believe that you have used or attempted to use a Payment Card to defraud us, we may cancel your remaining hire Period without payment of any refund to you, in accordance with these terms and conditions.
12 Complaints and disputes
12.1 As part of our standard enquiry and complaints handling process, we will:
(a) record details of all enquiries and complaints that we receive; and
(b) consider and respond to each enquiry and complaint in accordance with our Complaints process.
Please contact Portsmouth Cycle Exchange, quoting Cycle Hire Service
Telephone: 02392 815918
12.2 These terms and conditions shall be governed by English law.
12.3 If any disputes arise between you and us and you want to take court proceedings, you must do so at a court in the United Kingdom.
13 Other information of which you need to be aware
13.1 Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.
13.2 You may not transfer any of your rights under these terms and conditions to any other person.
13.3 If there is a conflict between the English version and any translation of these terms and conditions, the English version shall apply.