Terms of service

Get Bikery Community Interest Company
Cargo Bike Hire - Terms and Conditions
1.1 We aim to provide high-quality, cargo bikes for hire. To achieve this at a
reasonable cost we ask our customers to treat the equipment responsibly. The cargo
bikes are solely for use on road and paved tracks. They are not to be used for racing
or competition riding, mountain biking or stunt riding.
1.2 Bikes and equipment can only be hired from Get Bikery on completion of a
Fitness to Ride Form. The Fitness to Ride Forms is a signed agreement that, on
completion of a rider induction confirms the condition of the bike and that the hirer
understands how to operate it to the satisfaction of both parties. Get Bikery reserves
the right to take proof of identity and address details to hold as security until the bike
is returned in the condition it was hired out in. Upon completion of the Fitness to Ride
Form and acceptance of these Terms & Conditions, a binding contract is formed
between Get Bikery and the hirer. We reserve the right not to accept or to fulfil a
Booking.
1.3 All Bookings are subject to availability. When a Booking is made by one person
on behalf of another person, or people, that person confirms to Get Bikery that he or
she has the authority to make such a booking.
1.4 The Hire period commences on the day the cycle(s) and equipment is collected
or dispatched to the hirer and continues until the cycle(s) and equipment is returned
to Get Bikery.
2. Hirer's Terms and Conditions
2.1 You (the hirer) are responsible for ensuring that you are physically fit enough to
undertake cycling any distance using a Get Bikery cargo bike. Get Bikery does not
accept any responsibility for your failure to complete your hire period due to lack of
fitness, illness or injury. Get Bikery does not accept liability for death, personal injury,
loss or damage to personal effects to any participant, nor can Get Bikery accept any
responsibility for delays or changes to your period of hire due to weather, strikes,
war, terrorism or other causes.
2.2 You accept that cycling on a public highway carries its own risks and you have
made your booking on the basis that you undertake the hire at your own risk.
2.3 You will ride your cycle responsibly at all times. You will not hold Get Bikery
responsible for any loss, damage or injury including death to persons or property
with regard to the use of the cycle(s) and equipment hired. You accept responsibility
to indemnify Get Bikery against any claim, interest, demand or expense in respect of
such injury or damage.
2.4 You will ensure that you always lock the cycle(s) with the Abus frame lock
provided on the rear wheel, and also with the bicycle chain and U lock provided
through the frame to an immovable object (this includes posts that have a height of 3
metres or more) when unattended. The cycle(s) must not be left unattended for more than 6 hours at any one time in a place to which there is public access. If at possible
the bike should be stored in a secure storage locker.
2.5 You are responsible for all cycles and equipment hired or loaned and it your
responsibility to keep these items safe from damage, loss or theft, use it in a proper
manner and not subject it to any misuse or unfair wear and tear. Bikes must be kept
indoors and locked overnight.
2.6 You will notify Get Bikery immediately of any loss, damage or theft to the hired
cycles or equipment however caused. You will be responsible for paying Get
Bikery the reasonable costs of repair or replacement up to a value of £250. Any
costs thereafter related to loss, damage or theft will be covered under the terms of
Get Bikery’s insurance.
2.7 You will not offer for sale, sell, dispose, lend, pledge or otherwise part with
possession of the hired cycle(s) or equipment.
2.8 You agree not to remove or use the hired cycle(s) or equipment outside of Lewes
District without prior approval from Get Bikery.
2.9 You agree to allow the cycle(s) to be tracked whilst in your possession to allow
us to monitor bike use and aid theft recovery in the event of loss.
2.10 You agree to contact Get Bikery by phone or email to help out with any bikerelated problems that occur during the hire period and it is the customer’s
responsibility to keep a check on the bike they have hired. Whilst Get Bikery do it’s
best to be available for contact during the hire period this cannot always be
guaranteed.
2.11 You will only use the cycle(s) for their intended use (carrying cargo), and not
use them for racing, mountain bike riding, stunt or trick riding or for any other
purpose other than riding to and from a destination.
2.12 DO NOT over fill the front load box. Fill evenly with no long or sharp edges
sticking out of the box as these may become dangerous to others, pedestrians, and
to the rider. The maximum cargo weight must not exceed 100Kg.
2.13 SECURE YOUR CARGO. Make sure that the load you are carrying cannot
move around too much when you are riding. Sudden changes in weight distribution
can make the bikes difficult to control.
2.14 CONTROL YOUR SPEED. Our cargo bikes are designed to provide a stable
platform for carrying large loads at moderate speeds, as typically found in towns and
cities. Riding the bikes at excessive speeds could result in loss of control of the bike.
3. Payment Terms
3.1 Payment will be collected when the bike is picked up. We do not offer refunds in
the event of a cancellation or shortened hire but Get Bikery will consider individual
cases in extraordinary circumstances.

3.2 In consideration of our arranging and fulfilling your Hire in accordance with these
terms and conditions you will pay Get Bikery the total price for your period of Hire set
out in the Hire Agreement Form in advance of the hire commencing.
3.3 Late return of the bike will be charged at twice the published daily hire rate for
each day/ part day that the bike is returned late.
3.4 Get Bikery reserve the right to charge a £250 deposit which will be returned at
the end of the hire period provided that;
• Any cycles and/or equipment hired or used are returned in an undamaged
condition to Get Bikery
• Any cycles and/ or equipment hired or used are returned within the arranged
hire period at an arranged time and place to Get Bikery
3.5 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.
3.6 In all cases, the security/ damage deposit can be used as a deposit against the
any costs or charges incurred by damage, loss or theft up to the value of the deposit.
4. Personal Safety
4.1 It is the rider’s responsibility for their own safety. Cycling involves personal risk
and you must ride responsibly.
4.2 Injury(s) and/or death associated with cycling may result from weather, excessive
speed, collision with inanimate objects or other persons, rider inexperience, error or
abuse of equipment.
4.3 You must not cycle under the influence of alcohol, strong medication, other drugs
or fatigue.
5. Our Liability To You
5.1 Get Bikery accepts responsibility for death, personal injury and direct loss
suffered by you which you can demonstrate was caused by our negligence up to the
limit set out in clause 5.3 below.
5.2 Get Bikery will not be liable to you where any alleged loss or damage results
from;
• Any of your own actions or omissions;
• The action or omission of a third party not connected with the provision of
your bike hire:
• An event or circumstances which we could not have predicted or avoided
even after taking all reasonable care;
• Where any loss or damage is considered to be indirect or consequential loss.
5.3 Except in respect of death and personal injury, in respect of which no limit of liability shall apply, Get Bikery’s total liability to you under this contract between us
shall be limited to the total cost of your Booking.
5.4 Get Bikery shall have no liability to you if we are unable to fulfil a Booking due to
an event of Force Majeure. In the event of Get Bikery being unable to fulfil your
booking our liability to you shall not exceed to the agreed cost of the hire.
5.5 Except where expressly permitted under the Data Protection Act 1998, we will
only use your personal details in connection with your Booking arrangements, unless
you agree otherwise. We will keep your personal details secure in accordance with
our obligations under the Date Protection Act 1998.
6. General
6.1 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.
6.2 Any notice required or permitted to be given by either of us to the other under
these terms and conditions shall be in writing.
6.3 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.
6.4 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.
6.5 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.
6.6 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.