The Bicycle(s) let out on hire, including all their accessories and attachments, (“the Bicycle”) remains the property of Cycle Waggle Ltd ( “the Owner”) and the Hirer will not sell, hire out, lend or otherwise part with the Bicycle. The period of the hire commences at the time of handover and is deemed to continue until the Bicycle is returned to the Owner by the date and time specified below.
The Hirer acknowledges and agrees that the Bicycle(s) is in good condition in all respects and undertakes not to misuse it and will return it with all accessories in the same condition as when received (ordinary wear and tear excepted) to the place and on the due date and time specified on the hire forms as signed by the Hirer.
The Owner shall be entitled to charge the Hirer for all damage caused to the Bicycle(s) during the period of hire. In the event of a breakdown other than as a result of the Hirer’s misuse of the Bicycle, the Owner will use its best endeavours to repair it or procure a repair. In the case of a breakdown occurring at not walkable distance from hire location, please call Cycle Waggle Ltd on +44 (0)7394 943 928 (Opening Times: Monday – Sunday, 09:30 – 17:30) for replacement or recovery. The Owner shall not be liable for any damage or loss whatsoever caused or made by breakdown or other defects in the Bicycle(s) or other circumstances beyond the Owner’s control.
The Hirer shall indemnify the Owner in respect of all costs, claims, expenses and demands which it may suffer or incur and which arise directly or indirectly out of the use of the Bicycle(s) during the period of hire. The Owner reserves right to use the Hirer’s deposit in part or full settlement of such a claim. In the event of the Bicycle(s) being lost or stolen the Owner reserves the right to call upon the Hirer to indemnify the Owner the replacement value of the Bicycle(s). However, should the Bicycle(s) subsequently be recovered in usable condition, the Owner undertakes to refund the Hirer’s Indemnity in full as soon as possible.
The Hirer will ensure that the Bicycle(s) is adequately secured to an immovable object when not in use and WILL IMMEDIATELY INFORM THE OWNER IN THE EVENT OF ANY LOSS or breakdown of the Bicycle, other than those immediately repairable by the Hirer. The latter should be notified to the Owner upon return of the Bicycle(s).
The Hirer shall be solely responsible for and shall keep the Owner fully indemnified in respect of all fines, impositions or other penalties occasioned by the use of the Bicycle(s) during the period of hire in respect of any violations of Acts of Parliament, Orders, Regulations or Bye Laws for the time being in force. The Hirer will pay to the Owner on demand all charges due under the agreement. The rental charge, plus any additional charges for additional accessories and attachments, is payable in advance or on collection, together with a deposit as agreed.
In the event of a cancelled forward booking, 20% of the rental charge thereof will be payable should the Owner be unable to re-hire the Bicycle(s) in question for the same period. This charge may be waived at the Owner’s discretion. Any conditions or warranties not expressed which might be implied on the part of the Owner, except Statutory Warranties, are excluded.
If the Hirer shall commit any breach of the terms of this agreement the Owner shall be entitled, but without prejudice, to any other rights or remedies which it may have to terminate the hire of the Bicycle(s), and recover possession thereof without notice, and to make reasonable charge for such a repossession. No rights of the Owner under the agreement will be waived except in writing by a duly authorized member of staff.
Cycle Waggle Ltd’s total liability in contract, tort, including negligence and breach of statutory duty, misrepresentation, restitution or otherwise arising in connection with this Agreement shall be limited to the amount it receives from you, except to the extent that this is unlawful. Cycle Waggle Ltd shall not be liable to you for any pure economic loss, loss of profit or losses of business in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever and howsoever caused which arises under this Agreement.