TERMS & CONDITIONS

1. CYCLE HIRE TERMS AND CONDITIONS

1.1 We aim to provide high quality specialist bikes for hire. To achieve this at a reasonable cost we ask our customers to treat the equipment responsibly.

1.2 Bikes and equipment can only be hired from Open Sky Cycles by completing our online booking form and by accepting our terms and conditions on our online booking portal. Open Sky Cycles reserves the right to take a pre-authorisation payment using the customer’s Credit Card details to hold as security until the bike is returned in the condition it was hired out in. Our standard pre-authorisation for a bike is £100.  This amount will be pre-authorised on the card details you provided at the time of booking and will be cancelled upon return of the bikes in the condition it was hired out in. Upon acceptance of these Terms & Conditions a binding contract is formed between Open Sky Cycles 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 Open Sky Cycles that he or she has the authority to make such a booking.

1.4 The Hire period commences on the day / time the cycle(s) and equipment is collected until the cycle(s) and equipment is returned to Open Sky Cycles.

 

2. HIRER’S TERMS AND CONDITIONS

2.1 You are responsible for ensuring that you are physically fit enough to undertake cycling any distance using Open Sky Cycles or Equipment you have booked. Open Sky Cycles does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Open Sky Cycles does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Open Sky Cycles 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 carries its own risks and you have made your booking on the basis that you undertake the Hire at your own risk. You understand and accept that Open Sky Cycles advises the wearing of cycle helmets at all times when riding.

2.3 You will ride your cycle responsibly at all times. You will not hold Open Sky Cycles 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 Open Sky Cycles against any claim, interest, demand or expense in respect of such injury or damage.

2.4 You will ensure that you have suitable insurance cover at all times during the period of your hire. 

2.5 You are responsible for all cycles and equipment hired or loaned and it is 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.

2.6 Any damage caused due to crash or neglect is the Customer’s responsibility and will be charged for.

2.7 You will notify Open Sky Cycles immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying Open Sky Cycles the reasonable costs of repair or replacement for any such loss, damage or theft.

2.8 You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired cycle(s) or equipment.

2.9 Open Sky Cycles staff are available by phone or email to help out with any problems during the hire period; however it is the customer’s responsibility to keep a check on the bike they have hired. Whilst Open Sky Cycles will always do it’s best to have staff available during the hire period this cannot be guaranteed.

 

3. PAYMENT TERMS

3.1 Payment will be required at the time of booking.

3.2 Our cancellation policy is as follows:

3 days before the booked hire date – 100% of the value of the hire will be returned.

2 days before the hire date – 50% of the value of the hire will be charged

1 day before the day of hire – 75% of the value of the hire will be charged

Day of hire – Full charge will be taken

Open Sky Cycles will consider individual cases in extraordinary circumstances.

3.3 In consideration of our arranging and fulfilling your Hire in accordance with these terms and conditions you will pay Open Sky Cycles the total price for your period of Hire set out in the Invoice in advance of the hire commencing.

3.4 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.

3.5 Prior to the commencement of the hire period you will be required to provide identification details (driving licence or passport).  Any pre-authorisation payments on the clients credit card will be cancelled at the end of the hire period provided that;

Any cycles and/or equipment hired or used are returned in an undamaged condition to Open Sky Cycles

Any cycles and/ or equipment hired or used are returned within the arranged hire period at an arranged time and place to Open Sky Cycles

3.6 If the terms set out in 3.5 (above) are not complied with, Open Sky Cycles reserves the right to charge reasonable charges until such time when cycles and/ or equipment concerned have been returned to Open Sky Cycles. In the case of cycles and/or equipment left or returned damaged, you are responsible for any costs incurred and sustained in replacing or repairing (whichever the cheaper) the items concerned to a condition equivalent to that prior to the Hire.

3.7 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

3.8 In all cases, the security/ damage deposit can be used as a deposit against the costs or charges mentioned herein.

 

4. PERSONAL SAFETY

4.1 It is the riders’s responsibility for their own safety. Cycling involves personal risk and you must ride responsibly. Whilst we make every effort to ensure that the cycles are in excellent condition, it is the riders’ responsibility to check the bike condition upon receipt for any defect before cycling. The cycles should not be tampered with in any way. The rider accepts full responsibility for any mechanical adjustments made to the bike and is wholly responsible for their own safety.

4.2 Injury(s) and/or death associated with the sport of cycling may result from weather, excessive speed, collision with inanimate objects or other persons, rider inexperience, error or abuse of equipment.

4.3 First time of novice bikers should use the equipment under the supervision of an experienced rider.

4.4 You must not cycle under the influence of alcohol, strong medication, other drugs or fatigue.

 

5. OUR LIABILITY TO YOU

5.1 Open Sky Cycles 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 Open Sky Cycles 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 Open Sky Cycles total liability to you under this contract between us shall be limited to the total cost of your Booking.

5.4 Open Sky Cycles shall have no liability to you if we are unable to fulfill a Booking due to an event of Force Majeure. In the event of Open Sky Cycles being unable to fulfill 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 Data 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.

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IN ADDITION:

By making payment, YOU accept that it is YOUR responsibility to ensure that the bicycle and/or other equipment is in proper working order before the hire takes place, including but not limited to, brakes, steering, tyres, drive system including pedals, and any extras included such as child seats. If any problems are noted, then this should be reported immediately to Open Sky Cycles, and a replacement item / items will be issued.

ANY mechanical or physical adjustments made by YOU will be made at YOUR risk. Open Sky Cycles will NOT be held responsible for any personal injury / loss /  death / damage caused by YOUR mechanical or physical adjustment.

As the hirer, YOU accept that cycling involves a certain element of risk, and  you are advised that ANYONE using any Open Sky Cycles equipment, does so ENTIRELY at THEIR OWN RISK, and Open Sky Cycles will NOT ACCEPT ANY LIABILITY, for PERSONAL INJURY, LOSS, DAMAGE, OR DEATH. 

We strongly recommend that everyone wears a helmet. Children under 12 years old MUST wear a helmet. 

By making payment YOU agree that EVERYONE who will use the equipment supplied by Open Sky Cycles, is in good health and that their eyesight is up to a good standard. YOU agree that YOU are not suffering from any medical condition, or disability which is likely to affect the normal control of the bicycle or equipment hired.

By making payment, YOU agree that ALL equipment will only be used in the manner for which it is intended. Bicycles must NOT be used on the beach, in the sea, or immersed in water. YOU will NOT use the bicycle(s) for jumps, or carrying passengers. Children must ALWAYS be supervised by an adult.

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