Terms and conditions - Peak District National Park

Terms and conditions - Peak District National Park
Terms and conditions
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Terms and conditions
Cycles and equipment may only be hired from Peak
Cycle Hire* on completion of a Cycle Hire Booking
Form. The signatory of the Booking Form shall be
designated as the hirer (You). A booking is made
when You complete and submit a Booking Form
together with payment of a Deposit. Acceptance
of the Booking Form by Peak Cycle Hire (Us) and
payment by You constitutes a binding contract
between us on these terms and conditions.
You must provide proof of identity (such as a driving
licence, credit or debit card or passport) when
making a booking.
If bookings are made by You on behalf of other
individuals You confirm You have the authority to
make the booking on behalf of these individuals. By
signing the Booking Form You accept responsibility
for ensuring that all the members of Your group
comply with these terms and conditions.
The Hire Period starts when the cycles and any
equipment are collected by You and ends when the
cycles and any equipment are returned to Us on the
terms of the Booking Form. In any event the Hire
Period ends at the close of business of the cycle hire
centre (unless separate arrangements are agreed by
Our staff in advance).
We reserve the right not to fulfil or accept a booking
for any reasonable reason. All bookings are subject
to availability.
Your responsibilities
You confirm that You:
i. Are over 16;
ii. Can ride a cycle safely and not adversely affect the
control of a cycle;
You have been offered a helmet which has been
inspected for defects before the Hire Period started.
We advise the wearing of cycle helmets. If You or
Your group refuse to wear a helmet, You do so at Your
own risk.
You accept that cycling on any surface, but especially
on a public highway, cycle way or route carries its
own risks and You are cycling at Your own risk.
You will assess weather conditions during the Hire
Period and take the appropriate action at Your own
risk.
Good cycling practice:
i. You will ride Your cycle responsibly and will not
undertake any manoeuvre beyond Your skill or the
capability of the cycle.
ii. You will make yourself familiar with and abide by
any code of conduct on any cycle route.
iii. You will not cycle with dogs (on or off leads).
You must not cycle under the influence of alcohol,
strong medication or other drugs or fatigue.
You will not permit anyone under 16 to use an electric
cycle.
You will not hold Us responsible for any loss, damage
or injury death to persons or property with regard to
the use of the cycles and equipment hired. You will
indemnify Us against any claim, interest, demand, or
expense in respect of such damage.
We advise You to have suitable insurance cover at all
times during the Hire Period.
You are responsible for all cycles and equipment hired
and it is Your responsibility to keep these items safe
from damage, loss or theft, used in a proper manner
and not misused. You will be responsible for any
loss or damage to the cycles or equipment, however
caused, and will be responsible for the reasonable
costs of repair or replacement for any such loss,
damage or theft.
You will not offer for sale, sell, dispose, lend or pledge
or otherwise part with possession of the cycles
and equipment.
Our responsibilities
We will ensure that the cycles and equipment are safe
and legal to use (during daylight hours), and cleaned
if necessary.
We will ensure that descriptions of our cycles are
accurate.
If requested, We will provide instruction and advice
about how to use the cycles and equipment and
where to ride and cycle safely.
Please note that electric cycles will only be hired to
cyclists who are aged 16 years and over.
We will not be responsible for Your failure to
complete the Hire Period due to Your lack of fitness,
illness, or injury.
We will not be responsible for any delay or changes
to the Hire Period (including cancelation) due to
weather conditions, war, strikes or anything outside of
Our reasonable control.
Fitting equipment
Staff will only fit buggies and Trail-a-Bikes to Your
cycle where there is availability of staff to do so and
Your cycle is in a safe and roadworthy condition.
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Buggies: Your cycle must be compatible with the
hitch system. Our staff will assess suitability.
Trail-a-Bikes:
i. Your seatpost must be the same diameter of Our
hire cycles.
ii. The seatpost must be easily removed from Your
cycle.
iii. All Our Trail-a-Bikes are fitted with a permanent
saddle and seatpost. We are not able to fit Your
saddle to the seatpost instead.
iv. For safety reasons, We are unable to fit Trail-aBikes to full suspension cycles.
For safety reasons, We will not fit any equipment to
cycles with carbon fibre or lightweight frames and/
or seatposts.
We will not fit Trail-a-Bikes or buggies on tandems or
electric bikes.
We will not fit Your Trail-a-Bike, buggy or child seat
to Our cycles.
No animals are permitted in the buggies.
The decision of Our staff on the fitting of equipment
is final.We reserve the right to withdraw the fitting
service at any time without notice.
Payment and prices
In return for our arranging and fulfilling Your hire in
accordance with these terms and conditions, You will
pay Us the total price for the hire of the cycles and
equipment in advance of the start of the Hire Period.
A Deposit for each cycle is required at the start of
each Hire Period. Details of the Deposit amount is
available on our website at www.peakdistrict.gov.uk/
visiting/cycle/cycle-hire-centres/cycle-prices and
at Our cycle centres. The Deposit will be returned
when cycles and equipment are returned undamaged
to Us. If You do not comply with this condition, We
reserve the right to charge reasonable charges to
You until such time as the cycles and equipment
are returned to Us as required by these terms and
conditions. If any cycles and equipment are returned
in a damaged condition, You are responsible for any
costs incurred by Us in replacing or repairing the
cycles or equipment (whichever is the cheaper) to
their condition at the start of the Hire Period The
Deposit may increase to the value of the cycle (and
any equipment) by credit or debit card payment or
other security we treat as sufficient depending on Our
assessment of the risk and value of the cycles and
equipment.Normal wear and tear is accepted.
If any cycles and equipment are not returned to Us
within the agreed Hire Period at the relevant cycle
hire centre, You will be charged the following fee (to
cover Our reasonable additional costs):
i. Hire Period of 4 hours: fee = full day rate
ii. Hire Period of full day: fee = twice the daily hire rate
iii. Any return of cycles and equipment after the end
of close of business (unless agreed otherwise in
advance by Our staff): fee = twice the daily hire rate.
In all cases, the Deposit can be used as a deposit
against the costs or charges referred to in these terms
and conditions.
You confirm that We may deduct the Deposit and any
additional charges arising from You failing to comply
with these terms and conditions from any debit or
credit card or other security provided at the start of
the Hire Period.
No refund will be paid for any unexpired part of the
Hire Period.
6.Liability
a.
We only accept responsibility for death, personal
injury or direct loss suffered by You which You can
show was caused by Our negligence.
b.
We will not be liable for any alleged loss or damage
resulting from:
i. Your acts or omissions (including any persons in
Your group);
ii. The acts or omission of any third party not
connected to Us;
iii. An event which We could not have predicted or
prevented, despite taking reasonable care;
iv. Indirect or consequential loss.
c.
We will not be liable to You if We are unable to fulfil
a booking because of circumstances outside of Our
reasonable control.
d.
Except for death and personal injury, where there is
no limit, Our total liability to You under the contract
with You shall be limited to the total cost of Your
booking.
7.General
a.
These terms and conditions constitute the entire
agreement between us, superseding 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.
b.
No failure or delay by either of us in exercising any
rights under these terms and conditions shall be
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treated or considered to be a waiver of those rights
and no waiver of a breach shall be considered to be
a waiver of a subsequent breach of the same (or any
other) term or condition.
We are committed to protecting customer data in
accordance with the Data Protection Act 1998. The
information that you provide when making a booking
will only be used in connection with your booking.
We will store it securely and will not share it with any
third party unless required to do so by law. We will
retain the records for 3 years in line with Health and
Safety guidance regarding risk assessment and civil
claims for injury, following which, the data will be
securely shredded.
If any of these terms and conditions are held by
court to be invalid or unenforceable, the validity of
any other of these terms and conditions shall not be
affected.
Except as expressly provided, nothing in these terms
and conditions confers on any third party any benefit
or right to enforce any of these terms and conditions
pursuant to the Contracts (Rights of Third Parties)
Act 1999.
These terms and conditions are governed by English
law.
(*Peak Cycle Hire is part of Peak District National Park
Authority)
Group bookings
The Fee for the hire of all cycles and equipment
for Your group must be paid in full at the time of
Booking.
Cancellation of a Booking by Us:
We will not be responsible for any delay or changes to
your Booking (including cancelation) due to adverse
weather conditions at the start of the Hire Period,
war, strikes or anything outside of Our reasonable
control. No refund of the Fee will be paid in these
circumstances. If We cancel Your Booking because
We have insufficient staff, cycles or equipment or for
any other reason within our reasonable control, We
will notify You as soon as practicable and refund Your
Fee in full.
Cancellation of Your Booking by You:
If You cancel Your Booking We will refund:
100% of the Fee if You cancel Your Booking not less
than 12 weeks before the start of Your Hire Period;
50% of the Fee if You cancel Your Booking not less
than 8 weeks before the start of Your Hire Period;
0% of the Fee if You cancel Your Booking less than 14
days before the start of
Your Hire Period.
We will use Our reasonable endeavours to try to
re-hire any cycles and equipment. If We are able to
do so, We will refund the cost of the hire of re-hired
cycles and equipment to You, less Our reasonable
administration costs [provided You have given Us
contact details].
Online booking
Cycle hire may be booked online. A Booking is
made when you accept these terms and conditions
complete the personal details on line and pay the
Fee. Completion of these steps constitutes a binding
contract between us on these terms and conditions.
b.
If Bookings are made by You on behalf of other
individuals You confirm You have the authority to
make the booking on behalf of these individuals. By
booking on line You accept responsibility for ensuring
that all the members of Your group comply with these
terms and conditions.
c.
We reserve the right not to fulfil or accept a Booking
for any reasonable reason. All bookings are subject to
availability of staff and associated resources.
d.
Applicable law
All online bookings are, in addition to statutes
regulating the sales of good and services, subject to
the Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2013 (“the
Regulation”).
e.
Right to cancel
As the Booking is for services related to leisure
activities for a specific date, You do not have a right
to cancel and receive a refund (Regulation 28).
f.Complaints
If you are not satisfied with the service you receive
You can make a complaint using Our complaints
procedure. Further details can be found here:
www.peakdistrict.gov.uk/looking-after/aboutus/have-your-say/how-to-make-a-complaintcompliment-or-comment
g.
Our contact details
Peak District National Park Authority
Aldern House
Baslow Road
Bakewell
DE45 1AE
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