Terms & Conditions

These Bay Bike Hire Terms & Conditions, together with any Bay Bike Hire Form (defined in clause 1(a)), sets out the agreement (this Agreement) under the terms of which you (the Customer, you) will rent the Bike from Bay Bike Hire Ltd being a company registered in England and Wales with Company Number 15731714 and having its registered address at 158 High Street, Herne Bay, United Kingdom, CT6 5NW (Bay Bike Hire, we, us, our).

1 HIRE FORM, THIS AGREEMENT

(a) These Hire Terms will apply to all the Customer’s dealings with Bay Bike Hire, including being incorporated in all agreements, bookings or orders under which Bay Bike Hire is to rent one or more bicycles, including but not limited to e-bikes (referred throughout as Bike) to the Customer (each a ‘Hire Form’) together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing).

(b) The Customer will be taken to have accepted this Agreement, and a binding contract shall be formed between the Customer and Bay Bike Hire, when:

(i) the Customer accepts a Hire Form or places a booking to hire a Bike (including but not limited to making a booking on our website) (Booking), and ticks “I hereby understand and accept the Bay Bike Hire Terms and Conditions” on our website; or

(ii) the Customer make a Booking, or orders, accepts or pays Fee for any Bike hire under the Agreement, including accepting any Hire Form.

(c) In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Hire Form) will prevail over these Hire Terms to the extent of any inconsistency.

(d) Capitalised words and phrases used in these terms and conditions have the meaning given to that word or phrase in the Hire Form or by the words immediately preceding any bolded and bracketed word(s) or phrase(s).

2 HIRE

Bay Bike Hire provides to the Customer and the Customer accepts from Bay Bike Hire the hire of the Bike upon and subject to the provisions of this Agreement.

3 PRE-HIRE

The Customer warrants that they:

(a) are above the age of 18;

(b) have carefully read and understood the terms and conditions of this Agreement;

(d) are capable and competent physically and mentally to ride the Bike; and

(e) have sufficient funds on their payment method (such as Debit Card, Credit Card, ApplePay) for Bay Bike Hire to charge the Fees and a Refundable Deposit as a pre-authorisation charge.

4 BIKE USE

4.1 USE

(a) The Customer must ensure that the Bike is only used:

(i) By persons above the age of 16, or if below the age of 16 then under the supervision of a person over 18;

(ii) in accordance with any instructions or recommendations given by Bay Bike Hire to the Customer;

(iii) in accordance with the road signs as displayed by the local authorities; and

(iv) in accordance with all laws, rules and regulations applicable.

(b) The Customer must not, and must not allow any third party to:

(i) use the bike on shorelines or beaches except where publicised cycle routes or trails are available for riding Bike;

(ii) use the Bike for any dangerous or illegal purpose or ride under the influence of alcohol or drugs;

(iii) use or allow the Bike to be used to carry passengers, including but not limited to using the Bike to carry passengers for payment of any kind and/or for racing;

(iv) make any alterations to the Bike, including by unauthorised repair;

(v) use the Bike when it is damaged or unsafe;

(vi) use or ride an electronic Bike (also known as an e-Bike) by a person under the age of 14 years; and

(vii) affix or install any accessories, or device onto the Bike (other than the Included Attachments set out in the Hire Form) without Bay Bike Hire’s prior written consent.

(c) The Bike may or may not be affixed with the required lights for riding outside of daylight hours, and the Customer is solely responsible for ensuring appropriate lights are affixed to the Bike for use outside of daylight hours.

(d) The Customer must always inspect the Bike at collection to avoid any issues during the Hire Period. If there are issues with the Bike at collection, the Customer must immediately notify Bay Bike Hire.

(e) The Customer shall always be courteous and considerate to pedestrians and cyclists while riding the Bike on shared paths and trails.

4.2 ACTUAL RIDER

The Customer is responsible for the acts and omissions of any other person they allow to use the Bike.

4.3 LOSS OF PERSONAL PROPERTY

Bay Bike Hire is not liable to any person for any loss of, or damage to, personal property that is left on the Bike after its return to Bay Bike Hire or stolen from the Bike or otherwise lost during the Hire Period.

4.4 CLEANING

The Customer acknowledges that the Bike is rented out in a clean condition. The Customer must return the Bike in the same condition, being clean and without any damage or defects unless such damage or defects were pre-existing prior to the Hire Period and noted in the Hire Form, subject to reasonable wear and tear. If the Customer is required to clean the Bike, Bay Bike Hire can guide the Customer to the nearby cleaning workshops, and such cleaning costs shall be borne by the Customer.

5 ACCESSORIES

5.1 INCLUDED ACCESSORIES

Bay Bike Hire provides all the Bikes the Accessories set out in the Hire Form. The Accessories are the property of Bay Bike Hire and shall be returned to Bay Bike Hire along with the Bike.

5.2 HELMETS AND SAFETY

(a) Bay Bike Hire will issue a helmet for each Bike hired, and Bay Bike Hire strongly recommends that the provided helmet is worn at all times whilst riding the Bike.

(b) If a Customer (or any other person who rides a Bike) refuses a helmet provided and/or does not wear a helmet while riding the Bike, they do so at the their own risk.

5.3 LOCK & SECURITY

(a) The Customer is solely responsible for the security of each Bike during the Hire Period.

(b) We may provide a lock for each Bike, and the Customer must use the provided lock to secure the Bike(s) to a suitable fixed post or structure when left unattended or parked.

(c) We make no warranties as to the effectiveness of the lock provided, and note that even with a lock there is a risk of Bike theft. We shall not be liable if a Bike is stolen, even with the lock attached.

(d) In the event that the Bike is lost or stolen, the Customer shall be liable to Bay Bike Hire for the full replacement cost of the Bike.

6 COLLECTION & RETURN

(a) Unless the Booking Form states otherwise:

(i) Bay Bike Hire will leave the Bike at the Pick Up Address at the Start Time on the Start Date; and

(ii) the Customer must, before the Return Time on the Return Date, return the Bike to Bay Bike Hire at the Return Address in the same condition as it was in at the Start Time on the Start Date.

(b) If the Customer does not return the Bike to the Return Address before the Return Time on the Return Date, the Customer will be charged a late fee.

(c) In the event that the Bike is damaged during the Hire Period, and the Customer requests Bay Bike Hire to pick up the Bike from a location different from the Return Address, Bay Bike Hire and additional fees will apply.

(d) Upon inspection of the Bike, Bay Bike Hire will notify the Customer of any damages and corresponding charges, and reserves the right to deduct such charges from any Refundable Deposit held. If the Refundable Deposit is insufficient to satisfy such charges:

(i) the Customer must pay such additional amount to Bay Bike Hire upon demand; and

(ii) Bay Bike Hire reserves the right to charge any payment method provided at the time of Booking for the additional charges.

7 CANCELLATION

(a) The Customer may cancel or modify a Booking only up to and before the 48 hours of the Start Time on a Start Date. To cancel or modify a Booking, the Customer must notify Bay Bike Hire by email to hello@baybikehire.co.uk or contact Bay Bike Hire in accordance with in clause 18.

(b) If the Customer cancels or modifies the Booking with less than 48 hours notice from the Start Time on a Start Date, Bay Bike Hire will charge a cancellation fee which will be equal to an amount of the Fee for that Booking.

(c) Bay Bike Hire reserves the right to cancel any Booking for any reason whatsoever including but not limited to operational issues, bad or inclement weather, unavailability or maintenance of Bikes, etc. In the event Bay Bike Hire cancels the Booking, it will provide a full refund to the Customer of the Fees.

8 FAULTY BIKE, LOSS AND DAMAGE

(a) If the Bike is faulty, breaks down or becomes unsafe to use during the Hire Period (Breakdown), the Customer must immediately:

(i) stop using the Bike;

(ii) notify Bay Bike Hire;

(iii) take all steps necessary to prevent injuries from occurring to any person or damage to property as a result of the condition of the Bike;

(iv) take all steps necessary to prevent the Bike from sustaining any further damage;

(v) not repair or attempt to repair the Bike without Bay Bike Hire’s consent, subject to clause 7(b); and

(vi) comply with Bay Bike Hire’s directions in relation to the return of the Bike.

(b) Punctures to the tires of the Bikes are the responsibility of the Customer. The Customer must use the supplied repair kit to repair any tire punctures during the Hire Period.

(i) caused by a fault in the Bike (not caused or attributed to the Customer) then Bay Bike Hire may provide the Customer with a pro-rata refund of any Fees paid for the Hire Period limited to that particular Bike for period of which Breakdown persisted, and as specified in clause 10 below; or

(ii) caused or attributed to the Customer, then the Customer will still be required to pay the Fees in accordance with the charges schedule stated in clause 10 below.

(d) The Customer will be fully liable to Bay Bike Hire for, and indemnifies Bay Bike Hire in respect of:

(i) any loss or damage to the Bike or any part of the Bike (whether due to accident, theft or otherwise) during the Hire Period, or otherwise when the Bike is in the Customer’s possession, and must give reasonable notice to Bay Bike Hire in writing of any such loss or damage; and

(ii) all damage to the property of any person which is caused or contributed to by the Bike during the Hire Period, or otherwise when the Bike is in the Customer’s possession.

9 INCIDENTS AND INSURANCE

9.1 INSURANCE

(a) The Customer acknowledges that Bay Bike Hire holds insurances in relation to the Bike and its business but such insurance does not cover the Customer or the Customer’s use of the Bike and Bay Bike Hire will have no obligation or requirement to insure the Customer’s use of the Bike under this Agreement.

(b) The Customer is responsible for taking out their own personal insurance to cover all potential liabilities that could arise from their use of the Bike. The Customer will be solely responsible and bear any costs and fees incurred or arising from taking out such insurance, and any accident from riding the Bike.

(c) If Bay Bike Hire chooses to make a claim under an applicable insurance policy in respect of any damage or loss during the Hire Period, the Customer will be required to pay any excess payable by Bay Bike Hire in respect of such a claim.

9.2 INCIDENTS, LOSS AND DAMAGE

(a) If the Bike is lost, damaged, destroyed or stolen during the Hire Period, or otherwise while the Bike is in the Customer’s possession, the Customer must compensate Bay Bike Hire for:

(i) any costs of repair or replacement; and

(ii) where Bay Bike Hire has taken advance bookings for that particular Bike, the actual loss of earnings that Bay Bike Hire suffers due to loss or damage of the Bike, unless otherwise agreed in writing by Bay Bike Hire.

(b) If the Bike is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Bike during the Hire Period, by the Customer, or otherwise when the Bike is in the Customer’s possession (Incident), the Customer must:

(i) promptly report the Incident to the local police (if required by applicable law);

(ii) report the Incident to Bay Bike Hire in writing immediately;

(iii) indemnify Bay Bike Hire in respect of all liability, damage, loss, cost or expense which Bay Bike Hire incurs in respect of the Incident;

(iv) not, without Bay Bike Hire’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by applicable law; and

(v) if requested, provide to Bay Bike Hire, within a reasonable time, any statement, information or assistance that Bay Bike Hire or its insurer requests, including by attending a lawyer’s office or a court to give evidence.

(c) The Customer understands that the Bike provided by Bay Bike Hire is the property of Bay Bike Hire, and upon loss, theft, or complete damage, the Customer is solely responsible for and indemnifies Bay Bike Hire for the full replacement cost of the Bike.

10 FEES, PAYMENT TERMS & REFUNDS

(a) The Customer must pay the Fees to Bay Bike Hire in the amounts and at the times set out in the Hire Form or as otherwise agreed in writing.

(b) Bay Bike Hire reserves the right to withhold the Bikes until the Fees have been paid.

(d) Bay Bike Hire may use third-party payment providers (Payment Providers) to collect Fees, including Stripe.com and Paypal.com. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(i) Stripe.com’s terms of use are available here: https://stripe.com/gb/checkout/legal. Stripe.com’s Services Agreement with us is available here: https://stripe.com/gb/ssa. Both sets of terms are binding on you if you use Stripe to make a payment of the Fees.

(ii) Paypal.com’s terms and conditions of use are available here: https://www.paypal.com/uk/legalhub/home?country.x=GB&locale.x=en_GB and more specifically the Paypal User Agreement is here: https://www.paypal.com/uk/legalhub/useragreement-full and terms of use if you do not have a Paypal account here: https://www.paypal.com/uk/legalhub/guest-tnc?locale.x=en_GB. Paypal’s terms will apply if you use Paypal to pay the Fees.

(e) In the event that we discover an error or inaccuracy in the Fees paid for your Booking we will attempt to contact you and inform you of this as soon as possible. You will then have the option of paying for the Booking at the correct price, or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.

(f) The Customer hereby agrees and authorises Bay Bike Hire to:

(i) Place a holding charge on their payment method (Pre-authorisation) for the Refundable Deposit; and

(ii) Charge any fees payable by the Customer to Bay Bike Hire, including but not limited to late fees, damages or replacement costs, to the payment method provided at the time of Booking or such other payment methods provided by the Customer.

(g) Subject to any fees payable by the Customer to Bay Bike Hire being paid, Bay Bike Hire will release the Refundable Deposit within a period of 24 hours from the date of all Bikes being returned to Bay Bike Hire. The Customer acknowledges and agrees that any Pre-authorisations may take longer, and is subject to the Payment Provider.

(h) Bay Bike Hire will charge the full Fee for cancellation or modification in accordance with clause 7(a). Bay Bike Hire will initiate a refund, if any, to the same payment method used for making the Booking with Bay Bike Hire.

(i) Unless otherwise indicated, amounts stated in the Hire Form do not include VAT. The Customer must promptly pay the VAT subject to Bay Bike Hire providing a tax invoice.

(j) Immediately on request by Bay Bike Hire, the Customer will pay:

(i) the full replacement cost of any Bike that is, for whatever reason, not returned to Bay Bike Hire;

(ii) the full cost of repairing any damage to the Bike which is caused, or contributed to, by the Customer;

(iii) all costs incurred by Bay Bike Hire in delivering and recovering possession of the Bike; and

(iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by Bay Bike Hire in enforcing this Agreement due to the Customer's breach of this Agreement.

(k) In the event of refund to be made to the Customer under this Agreement, including but not limited to a refund pursuant to clause 8(c)(i), such refund will be limited only to the Fees paid for the affected Bike, and not for the Fees applicable to the entire Booking where multiple Bikes are hired.

11 OWNERSHIP, POSSESSION AND TITLE

(a) The Bike is and will at all times remain the property of Bay Bike Hire, notwithstanding delivery of the Bike to the Customer or the possession and use of the Bike by the Customer.

(b) The Customer will not have any right, title or interest in or to the Bike except as expressly set out in this Agreement for the limited purpose of hire during the Hire Period.

(c) The Customer must not, without Bay Bike Hire’s prior written consent, part with possession of the Bike during the Hire Period.

(d) The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Bike.

12 LIMITATION OF LIABILITY & WARRANTIES

(a) The Customer acknowledges and agrees that they have relied on their own judgment and expertise in deciding to hire the Bike for their intended purpose.

(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this Agreement are excluded by Bay Bike Hire.

(c) To the maximum extent permitted by law, the total liability of Bay Bike Hire in respect of loss or damage sustained by the Customer in connection with this Agreement is limited to £200. Bay Bike Hire shall not be liable for any consequential liability or indirect liability or loss.

(d) Notwithstanding any other provisions of this Agreement, Bay Bike Hire’s liability shall not be limited in any way in respect of the death or personal injury caused by negligence, fraud or fraud misrepresentation, any other losses which cannot be excluded or limited by applicable law and solely attributable to Bay Bike Hire.

13 INDEMNITY

The Customer hereby agrees to indemnify Bay Bike Hire from and against all losses, claims, expenses, damages, penalties, expenses, and liabilities (including any taxes, legal fees or costs) that arise out of or in connection with:

(a) any breach of this Agreement by the Customer or any other person that the Customer allows to use the Bike (Rider);

(b) any breach of any representation, warranty or covenant of this Agreement;

(d) any negligent act or omission of the Customer or a Rider.

14 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 30 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

15 NOTICES

(a) A notice or other communication to a party under this Agreement must be in writing and in English; and delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or when replied to by the other party, whichever is earlier.

16 PRIVACY NOTICE

You hereby understand and agree that Bay Bike Hire may collect personal information as may be required under this Agreement to provide you with a Bike on hire. All personal data about you will be stored and processed in accordance with Bay Bike Hire’s Privacy Policy, which can be accessed here. It is important that you review this privacy policy before you submit any personal data to us.

17 GENERAL

(a) This Agreement is governed by the laws of England & Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England & Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(b) This Agreement may only be amended in accordance with a written agreement between the parties.

(c) No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(d) Any term of this Agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.

(e) An obligation or liability assumed by or a right conferred on two or more persons binds or benefits them jointly and severally.

(f) A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.

(g) This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.

17.2 INTERPRETATION

(a) (singular and plural) words in the singular include the plural (and vice versa);

(b) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(c) (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;

(d) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(e) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(f) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.

18 CONTACT US

For any queries or questions, you can contact us by sending an email hello@baybikehire.co.uk or by calling us at 07733 147 506. Alternatively, you can also visit our Bike Hub at 45–47 High Street, Herne Bay, Kent, CT6 5LN.