Sky Adventure Hire Ltd.

eBike and Equipment Hire

Terms & Conditions

Definition of terms

· eBike(s): the electric bicycling equipment or any other accessory item that is available for hire from Sky Adventure Hire Ltd.

· Client: The natural person or legal entity purchasing the eBike rental from Sky Adventure Hire Ltd.

· Sky Adventure Hire Ltd: the Company providing the hire of eBike(s) and equipment according to these Terms & Conditions

· Company: Sky Adventure Hire Ltd.

· Rider(s): Person(s) who are users of the eBike(s) and equipment during the Client’s Hire Period

· Hire Period: The duration of the rental agreement. If the eBike booking is confirmed prior to the Client’s stay beginning at Cabin on the Cliff, the Hire Period begins when the Client checks-in to Cabin on the Cliff. If the eBike booking is confirmed after the Client’s arrival at Cabin on the Cliff, the Hire Period begins when the booking confirmation email is issued. The Hire Period ends at the end of the Client’s stay at Cabin on the Cliff, upon check-out.

Applicability

These general Terms & Conditions apply to all agreements between Sky Adventure Hire Ltd. (hereinafter referred to as the “Company”) and any person(s) hiring eBike(s) and equipment from the Company (hereinafter referred to as the “Client”).

1. Rental agreement and policies

Booking information

1.1 The Client accepts responsibility for ensuring that any and all users of the Company’s eBike(s) and equipment covered by this agreement comply with these Terms & Conditions.

1.2 The Client must complete an online Booking Form, accept these Terms & Conditions and issue payment (including a card deposit) to the Company prior to accessing eBike(s) and equipment.

1.3 The Hire Period is the duration of the Clients stay at Cabin on the Cliff up to a maximum of 7 days. EBikes must be returned to the location of pick up and locked.

1.4 Upon completion of the Booking requirements, the Company will issue instructions to the Client on how to access eBike(s) and equipment from a designated location.

1.5 The Client agrees to begin and end its hire of eBike(s) and equipment at the scheduled times. The Company reserve the right to charge the Client and the Client agrees indemnify the Company for any extra costs due to the Company as a result of the Client’s use of the Company’s facilities outside of the scheduled times.

1.6 The Company reserves the right not to accept or fulfil a Booking, in which case any payment will be refunded to the Client.

1.7 The Client shall not be entitled to assign the booking to any third party nor utilise the company’s facilities other than for the purpose of the rider(s)’ own personal recreational use, without the Company’s prior written approval.

1.8 Whilst the Company has taken all reasonable steps to ensure that the information contained in its advertisements is accurate, it reserves the right to alter, substitute or withdraw any service, facility or amenity without notice if necessary.

1.9 The Company is unable to guarantee that all of the facilities at the site will be available for use during the Clients visit. The company is unable to make any refund or reduction in charges if any facility is unavailable.

Use of equipment

1.10 eBike(s) must be returned by the Client clean and in working order. It is the responsibility of the customer to check that the ebike is in safe working condition before setting out. Any damage must be documented and emailed by the Client to quinn@skybuilddesign.com prior to taking the eBikes out.

1.11 The Client must notify the Company of any damage, mechanical problems during the Hire Period at quinn@skybuilddesign.com.

1.12 The Client accepts full responsibility for the care of the equipment for the duration of the Client’s Hire Period. It is the Client’s responsibility to keep the eBike(s) and equipment safe from damage, loss or theft, to ensure use in a proper manner and to prevent eBike(s) and equipment from any misuse or unfair wear and tear by the Client or any other user during the Hire Period.

1.13 Instruction will NOT be provided in the use of the eBike(s) including the particularity of the electric assist technology, battery charging, etc.

1.14 eBike(s) are rented with a battery charger, but no spare batteries. It is the responsibility of the Client to ensure that they understand the limitations of the bike, range display, and travel within the relevant range. The Client is not advised to undertake journeys requiring the logistics of battery replenishment.

1.15 A key for each eBike is provided and required for use. All keys and batteries must be removed from the eBike(s) frame whenever the bicycle is left unattended. The Client accepts responsibility for the care and use of the keys and batteries. The Company reserves the right to charge the Client for any keys and batteries not returned or for any damage incurred to keys and batteries.

1.16 A bicycle lock is provided and eBike(s) must be locked to a permanent fixture whenever left unattended. The key should also be used to remove the battery. The method of securing should include the wheel and frame. In the event of the eBike(s) and equipment being lost or stolen, the Client is responsible for the replacement value of the lost or stolen equipment.

1.17 Helmets are included in the rental and are required to be worn always by any and all users while riding rented eBike(s). The Company is not responsible for ensuring or guaranteeing fit of helmets. The client is advised to bring his/her own helmet(s) if possible.

1.18 eBike(s) must not be submerged in water. Cycling in the rain is acceptable, but deep puddles must be avoided.

1.19 eBike(s) are NOT rented with equipment to fix punctures. Care should be taken to avoid roads, paths, or objects that may result in a puncture. It is the Client’s responsibility to have any punctures repaired should this occur during the Hire Period. If the bike fails due to technical malfunction beyond the reasonable control of the rider(s), the Company will endeavour to fix them during the Client’s Hire Period, at the Company’s cost. The Client may be responsible for costs associated with repatriation of the bike and associated rider(s) and this is at the Company’s discretion.

1.20 Riders under the age of 15 are prohibited from using eBike(s) and equipment. All riders under the age of 18 must be accompanied by a parent or guardian.

1.21 The Client and all riders during the Hire Period should cycle sensibly, with respect for others and the natural habitat. Cyclists are expected to follow the Highway Code – in particular, the ‘Extra Rules for Cyclists’ (Rules 187-211).

1.22 The Client agrees to return the bike in clean, undamaged condition to avoid any additional charges for the repair, maintenance or replacement. Undamaged condition means normal wear and tear is accepted, and is determined by the Company. Damaged parts or components will be repaired/replaced at the Company’s discretion and customer agrees to pay regular retail prices for service repairs and components replaced.

1.23 eBike(s) should be returned clean of mud and debris – normal road grime is accepted. Any eBike(s) not returned clean may attract a minimum cleaning fee of £20.00.

1.24 The Client is responsible for ensuring that any and all users of the Company’s eBikes and equipment are physically fit enough to undertake cycling at any distance and do not have significant health or medical issues that prevent the Client or any other user during the Hire Period from bicycling.  

1.25 The Client understands that renting eBike(s) and participating in bicycling carries risks and exposure to hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. The Rider assumes all risk of injury or loss of life to the Client and all riders of the Company’s bikes and equipment and loss of or damage to property arising out of renting this eBike(s) and participating in bicycling.

1.26 The Client confirms that they nor any member of their party will operate the eBike(s) and equipment under the influence of alcohol or any drugs at any point during the Hire Period.

1.27 The Client must ensure the eBikes are returned to the hire location. The Client is responsible for the recovery of the eBike(s) in the event of an unplanned event which is outside of the Company’s control.

2. Price and Payment

2.1 Payment will be issued online through the Company’s online booking platform prior to the Hire Period commencing.

2.2 The Client authorises the Company to charge the Client’s credit/debit card for all eventual costs in case of damage to the eBike(s) during the Hire Period, comprehensive of labour. Loss of an eBike will result in a charge of £1,100.00 per bike, flat tyres £40.00 per tyre, and other mechanical issues or damage could result in a minimum charge of £100.00. In the event of a mechanical failure of eBike(s) and equipment beyond the reasonable control of the Client, the Company at its discretion may choose to waive charges for damage.

2.3 In case of theft, the Client will be responsible for reimbursing the Company for the original price of the eBike(s) and equipment, including the cost of any accessories that were provided at the time of the bike rental.

2.4 A security deposit is required for use of the eBike(s) and equipment. The Company reserves the right to place a credit/debit card authorisation hold up to a maximum of £1,100.00 per bike. The holding deposit will be released 7 days after the commencement of the Hire Period provided that:

a. any cycles and/or equipment hired or used are returned in an undamaged condition,

b. any cycles and/or equipment hired or used are returned within the arranged hire period and at an arranged time and place.

2.5 If these terms are not complied with, the Company reserves the rights to charge reasonable charges until such time when cycles and/or equipment concerned have been returned in the same condition at the beginning of the Hire Period.  In the case of cycles and/or equipment left or returned damaged, the Client is 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 and tear as defined by the products manufacturer or supplier is accepted and allowed and is included in any hire price.

2.6 The Client will notify the Company immediately of any loss, damage or theft to the hired cycles or equipment however caused.  The Client will be responsible for paying reasonable costs of reparation of any such loss, damage or theft, as determined by the Company.

2.7 The Client will not offer for sale or otherwise part with possession of the hired cycle(s) or equipment.

2.8 In all cases, the holding deposit can be used as a deposit against the costs or charges mentioned in these Terms & Conditions.

2.9 Cancellation policy: No cancellations of confirmed booking will be permitted. The Company reserves the right to cancel bookings at any time based on its own judgment and in such circumstance may at its discretion issue a refund.

2.10 Where equipment is returned after the end of the Hire Period, without prior agreed notice, there will be a late return fee. Late returns will be charged at the prevailing hire charge rates.

3. Liability

3.1 The Client accepts total and sole responsibility for themselves and other members of their party.

3.2 All representations, warranties, conditions or terms relating to the quality of the services offered by company whether express or implied by statute or common law are excluded to the fullest extent permitted by law.

3.3 Save in respect of liability for personal injury or death resulting from its negligence, the Company’s liability to the Client and Riders whether in contract, tort (including negligence), breach of statutory duty or otherwise is excluded.

3.4 The riders are not insured by the Company. It is recommended that the Client arrange insurance to cover its potential liabilities under this contract.

3.5 The Client shall indemnify the Company from any loss or damage caused to any part of the Company’s property, surroundings and or to any fixtures and equipment or any company employees or other persons as a result of this event.

4. General

4.1 These Terms & Conditions constitute the entire agreement between the Client and the Company 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.

4.2 Any notice required or permitted to be given by either the Client or the Company to the other under these Terms & Conditions shall be in writing.

4.3 No failure or delay by either the Client or Company in exercising any of its rights under these Terms & Conditions shall be deemed to be a waiver of that right, and no waiver by either the Client or Company of any breach of these Terms & Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

4.4 If any provision of these Terms & 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 & Conditions and the remainder of the provision in question shall not be affected.

4.5 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 & Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.

4.6 No variation of these conditions shall be effective unless in writing and signed on behalf of both the Company and the Client.

4.7 The person signing for and on behalf of the Client warrants to the company that they have the authority to do so. In the event that they are not so authorised they will personally be liable for the completed performance of the contract.

4.8 The company will take all reasonable steps to fulfil the reservation to the best of its ability and in accordance with the details provided. However, it reserves the right to provide alternative services of at least an equivalent standard at no additional costs to the Client.

4.9 This contract is governed by the laws of England and Wales. Any disputes arising out of the contract are to be subject to the exclusive jurisdiction of the courts of England and Wales.