Bicycle Hire Terms and Conditions
Designed for the hire of various types of bike, these Bicycle Hire Terms and Conditions cover a range of important points to allow for smooth and efficient transactions between bike hire businesses and their consumer customers.
This document is designed to work primarily in walk-up-and-hire situations whereby customers will hire bikes upon entering your premises. Advance bookings are also covered (including their cancellation).
Customers are advised of their responsibilities in these terms and conditions, in particular that they must use the bikes safely and in accordance with the law. Customers are also reminded of the risks they may face (e.g. road traffic, unstable terrain if mountain biking etc.) and informed that by continuing with the hire they are acknowledging and accepting such risks.
In these terms and conditions the total amount of hire fees is payable on or before collection of the bike. The customer is given the right to cancel, and there is provision for a full refund of hire fees subject to deduction by the supplier of a cancellation fee where customer cancellation occurs less than a stated period (e.g. 24 hours) before commencement of the hire.
Customers might damage hired items, whether accidentally or otherwise; provision is therefore made for an accidental damage waiver, and there is also provision for a refundable security deposit to cover loss or damage where the customer is at fault. Damage (or loss) outside of the accidental damage waiver should be covered by the security deposit.
However, these provisions need to be considered carefully in view of the following points. These terms and conditions are written for use when dealing with consumer customers. Applicable consumer law constrains the extent to which a supplier may limit or exclude their liability. It also limits a supplier's ability to take and forfeit any amount that the supplier requires as security against loss or damage of items hired and any amount charged for cancellation of the contract by the customer.
This document contains limits on the supplier's liability (see Clause 12). It also provides for a “Security Deposit” against loss or damage (see Sub-Clause 7.4) and a charge for customer cancellation of an advance booking (see Clause 8).
Whilst these provisions are intended to comply with the applicable consumer law, users of this template are advised to exercise great care and to take legal advice as to what in the particular circumstances will be legally permissible and enforceable before proceeding. In particular, users will need to focus on the following.
Firstly, they should consider whether to include Sub-Clause 12.2 (which sets a fixed cap on total liability) and if they do decide to do so so, they should consider whether the proposed amount of the limit under that Sub-clause would be legally permissible and enforceable.
Secondly, if they wish to include any limits on or exclusions of liability not already included in this document, they should consider whether such additional limits or exclusions would be legally permissible and enforceable.
Thirdly, they should consider what would be a legally acceptable and appropriate amount of Security Deposit.
Finally, they should consider whether the cancellation charge (Sub-Clause 8.1.2) would be appropriate and legally permissible and enforceable, and this will involve considering the amount of the charge and also the time at which cancellation occurs - the 24 hour period suggested may or may not be appropriate in the particular circumstances.
Please note that while this document can be placed on a website, it is not designed to serve as terms and conditions for e-commerce and has not been written with distance selling and e-commerce laws in mind.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Bicycle Hire Terms and Conditions contain the following clauses:
1. Definitions and Interpretation
2. Information About Us
3. The Contract
4. Bikes
5. Your Responsibilities
6. Hire Period
7. Fees and Payment
8. Cancellation of Advance Bookings
9. Collection, Hire and Return
10. Accidental Damage Waiver
11. Loss and Damage
12. Our Liability
13. Events Outside of Our Control (Force Majeure)
14. Communication and Contact Details
15. Complaints and Feedback
16. How We Use Your Personal Information (Data Protection)
17. Regulations
18. Information
19. Other Important Terms
20. Governing Law and Jurisdiction
[Schedule (Hire Agreement Form)]
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