Out West E-Bike Hire Terms and Condition and Waiver
1.Hire Terms and Conditions
1.1 These Terms and Conditions apply to all participants (herein after referred to as the Hirer(s) using a hire bike provided by Out West E-Bike Hire (trading as Roderick Wyness TA Puffin Coffee).
1.2 Completion of a booking acknowledges acceptance of these Terms and Conditions, Waiver and Release of Liability by the Hirer.
1.3 The Hire period commences on the day the bike(s) and equipment are collected and continues until the bike(s) and equipment are returned to Out West E-Bike Hire.
1.4 All bookings are subject to availability. Out West E-Bike Hire will act within reason to honour all bookings made.
1.5 When a booking is made by one person on behalf of another person(s), that person confirms to Out West E-Bike Hire that he or she has the authority to make such a booking.
1.6 Out West E-Bike Hire reserve the right not to accept or to fulfil a Booking.
1.7 Out West E-Bike Hire do not accept any responsibility for delays or changes to the period of Hire due to weather, boat cancellation, strikes, war, terrorism or other causes.
1.8 Out West E-Bike hire equipment is limited to use in Scotland only.
2. Agreement
2.1 I (the Hirer) have carefully read this agreement in its entirety and understand its content. I am aware this is an assumption of risk, waiver and release of liability and I agree to it voluntarily.
3. Responsibilities
3.1 Each Hirer agrees that they are physically and mentally capable of riding the hire bike. Out West E-Bike Hire does not accept any responsibility for the failure to complete a Hire period due to lack of fitness, illness or injury. Hirer(s) may be asked to demonstrate that they are competent.
3.2 The Hirer is fully responsible for their action and their safety whilst using the hire bike. Out West E-Bike Hire will not be held liable for any loss or injury caused to the Hirer(s) or third parties. Hirer(s) are responsible for their own personal safety and the safety of their own property.
3.3 The Hirer accepts that cycling on a public highway carries its own risks and that a booking has been made on the basis that the Hirer(s) undertakes the Hire at their own risk. Hirer(s) will cycle responsibly at all times, observing the UK Highway Code.
3.4 Out West E-Bike Hire requires all Hirer(s) to wear a cycle helmet at all times.
3.5 Young persons under 18 years of age will only be issued with a bike when accompanied by a parent or guardian, the Hire customer undertakes to make any minors in their charge aware of these terms and conditions of hire.
3.6 The Hirer may not participate in this activity if under the influence of alcohol, strong medication, other drugs or fatigue.
3.7 Each Hirer is responsible for providing their own insurance protection while using a hire bike. Any accident or injury caused by the Hirer’s actions will be the full responsibility of said Hirer.
4. Equipment Hire
4.1The bicycle(s) and equipment on hire remains the property of Out West E-Bike Hire. The Hirer will not sell, rehire, lend or part with the bicycle(s) and equipment.
4.2 The Hirer assumes complete responsibility for loss or damage to the hire equipment (other than fair wear and tear) from the time the Hire period begins until it is returned to the agreed collection point. If hiring multiple bicycle(s), the hirer making the booking is responsible for all the bicycle(s). Out West E-Bike Hire shall not be liable for any damage caused or loss made whatsoever by breakdown or other defects in the bicycle(s) beyond the control of Out West E-Bike Hire.
4.3 Bikes are maintained in a roadworthy condition; however, it is the responsibility of the hirer to check the bike before setting out on any ride. Any concerns must be reported immediately to Out West E-Bike Hire.
4.4 The Equipment should not be used for racing, mountain bike riding, stunt or trick riding or for any other purpose other than riding to and from a destination.
4.5 Bikes must not be used on the beach, in the sea or immersed in water.
4.6 The Hirer agrees to return the bike to the agreed collection point at the correct time. The Hirer is responsible for all costs, claims and demands which arise directly or indirectly out of the use of the bicycle during the period of hire. Late return of the Bike(s) will be charged at £10 per bike(s) for every 15 minutes that the bike(s) are returned late.
4.7 If the Equipment is returned early there will be no refund.
4.8 If required to collect any bikes from another location, Out West E-Bike Hire reserves the right to make a charge for this, up to £100.
4.9 The Hirer is responsible for all bikes and equipment hired, and it is their responsibility to keep these items safe from damage, loss or theft, use them properly, and not subject them to any misuse or unfair wear and tear.
4.10 All equipment must be locked to a permanent fixture whenever left unattended. Bikes should be locked using the lock supplied, through the frame of the bike(s) and then to a permanent fixture. Theft of an inadequately secured bike will be the responsibility of the Hirer.
4.11 The Hirer will notify Out West E-Bike Hire immediately of any loss, damage, or theft to the hired cycles or equipment however caused. Failure to return the bike(s) and equipment will result in Out West E-Bike Hire recovering the full retail value of the bikes and equipment that are not returned from the Hirer.
4.12 The Hirer agrees to return the bike(s) and equipment in an undamaged condition to avoid any additional charges for repair, maintenance or replacement.
4.12.1 Undamaged condition means normal wear and tear is accepted but does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes.
4.13 The Hirer is responsible for any negligent damage caused to the bike(s) and equipment. Damaged parts or components will be repaired/replaced at the discretion of Out West E-Bike Hire and the Hirer agrees to pay regular retail prices for components replaced.
4.14 On the day, or day before the hire, the Hirer agrees to pay a refundable £250 bike security deposit (1 payment per group). This payment is in the form of a credit or debit card pre-authorisation. The details are stored securely, and the payment will be refunded when all the bikes and equipment are returned in a satisfactory condition (ordinary wear and tear excepted). The Hirer is responsible for any damage and any repair costs will be deducted from the bike deposit. If there is a shortfall, then the Hirer is liable for the difference. Examples: cost of new bike – up to £1,500, cost of lock £39.99, cost of helmet £19.99.
5. Photographic ID
5.1 Photographic proof of identification must be provided upon collection of your cycling equipment in the form of a Photo driving licence or passport. Only nationally recognised forms of ID will be accepted i.e. Photo driving license or passport. No hire can be allowed if this is not adhered to.
6. Age Restrictions
6.1 Age restrictions apply for Out West E-Bike Hire. Children must be at least 14 years old to rent an electronic bike. Riders under the age of 18 must be accompanied by an adult. The booking form must be completed by a person aged 18 years or over. Evidence of age may be requested.
7. Payment Terms, Changes and Cancellations
7.1 Changes to bookings: You can reschedule your booking once, up to 7 days before your hire date free of charge (subject to availability). Reschedules within 4-7 days of your hire (subject to availability) will incur a £15 admin fee. Reschedules within 3 days of the hire are not permitted.
7.2 All cancellations are subject to a £15 administration fee.
In general, the remainder of the hire charge is refundable as follows:
Up to 1 month before the hire date – 100% refundable
Up to 2 weeks before the hire date – 75% refundable
Up to 3 days before the hire date – 50% refundable
1 day before the hire – 25% refundable
Day of hire. – No Refund
Out West E-Bike Hire will consider individual cases in extraordinary circumstances.
8. Our Liability To You
8.1 Out West E-Bike Hire shall have no liability to the rider(s) if unable to fulfil a Booking due to an event of Force Majeure. In the event of Out West E-Bike Hire being unable to fulfil a booking the liability to the rider shall not exceed to the agreed cost of the hire.
8.2 Except where expressly permitted under the Data Protection Act 1998, personal details will only be used in connection with Booking arrangements, unless agreed otherwise. Personal details will be kept secure in accordance with obligations under the Date Protection Act 1998
9. General
9.1 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.
9.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.
9.3 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.
9.4 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.
9.5 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 or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.6 These terms and conditions shall be governed by Scots law, and both of us hereby agree to submit to the exclusive jurisdiction of the Scots Courts.
Rental Agreement
Financial Assurance
Customer agrees to provide Out West E-Bike Hire with credit card details for precautionary use:
I authorise Out West E-Bike Hire to charge the provided credit card for any costs incurred due to damage to the Bike(s) and any provided accessories during my rental period, including labour, unless I can demonstrate others' fault with appropriate evidence and information for reimbursement.
In the event of theft, I will be responsible for reimbursing Out West E-Bike Hire for the original price of the Bike(s) and any provided accessories.
Not Responsible for Recovery
Out West E-Bike Hire is not responsible for recovering the Bike(s) in the event of unforeseen circumstances beyond our control, including but not limited to:
Rider incapability
Inability to meet ride schedule
Battery discharge due to inadequate route planning
Punctures or loss of tire pressure
Rider fatigue
Accidents preventing further travel
If the bike fails due to technical malfunction, we will arrange for repair or repatriation of the bike and rider, which may be at the hirer's cost at the discretion of Out West E-Bike Hire.
Out West E-Bike Hire staff are usually available by phone or email to help with any problems during the hire period; however, it is the customer’s responsibility to assemble, set up and keep a check on the bike they have hired. Whilst Out West E-Bike Hire will always do it’s best to have staff available during the hire period, this cannot be guaranteed.
Rental Agreement and Policies
The Out West E-Bike Hire bike(s) are rented out in proper working condition and must be returned in the same condition.
Instruction will be provided on the use of the bike(s).
E-Bike(s) are rented without spare batteries. It is the customer’s responsibility to understand the bike's range.
Bike(s) do not come with equipment to fix punctures or perform minor adjustments.
In the event of a puncture, the Customer should stop riding and use the pump provided. If damage to the bike is likely to occur through continued use, please call Out West E-Bike Hire for assistance. If you continue to ride on a flat tyre and damage the wheel itself, you may have to pay for a wheel repair or a new wheel.
Helmets are included in the rental and must be worn at all times while riding.
Customers must check the bike before setting out.
Customers accept full responsibility for the care of the equipment while in their possession.
Customers agree to return the bike undamaged to avoid additional charges.
Assumption of Risk, Waiver and Release Agreement
Assumption of Risk:
I understand that renting this Bike(s) and participating in bicycling exposes me/my child to hazards that may involve unavoidable risk of death, personal injury, and property damage.
I confirm that I/my child have no significant health issues that prevent participation in bicycling.
I/my child understand and accept that there are inherent and unavoidable risks involved in participating in bicycling.
I/my child understand that participating in bicycling may also result in hazards posed by other bicycles and traffic or road conditions.
I/my child understand that this activity may result in death or severe personal injury, including but not limited to spinal or head injury.
I/my child understand that this activity may result in loss of or damage to property.
Waiver and Release
In consideration of Out West E-Bike Hire renting this bicycle, I release and forever discharge Out West E-Bike Hire and its affiliates, officers, agents, and employees from all liability or claims for injury, illness, death, or damage to property, even if caused by negligence. I understand that I cannot make a claim or file a lawsuit against Out West E-Bike Hire for any injury, illness, death, or damage that occurs during the rental period.
I/my child understand the importance of wearing a helmet and that it is a condition of rental from Out West E-Bike Hire that a helmet must be worn at all times.
I understand that I should not and may not participate in this activity if under the influence of alcohol or drugs. By confirming for a minor, I agree that I am their parent or legal guardian and release Out West E-Bike Hire from any claims for that minor.
Reschedule Policy
You can reschedule your booking once, up to 7 days before your hire date free of charge. Reschedules within 4-7 days of your hire will incur a £25 admin fee. Reschedules within 3 days of the hire are not permitted.
Cancellation Policy
All cancellations are subject to a £25 administration fee.
In general, the remainder of the hire charge is refundable as follows:
Up to 1 month before the hire date – 100% refundable
Up to 2 weeks before the hire date – 75% refundable
Up to 3 days before the hire date – 50% refundable
1 day before the hire – 25% refundable
Day of hire. – No Refund
Out West E-Bike Hire will consider individual cases in extraordinary circumstances.
Late Return
Late returns will result in a charge of £10 per 15 minutes late per bike. Please call us ASAP if running late to avoid penalty charges.