6
Bicycle Loan Agreement This is a hire agreement made between us, Huddersfield Active Travel (HAT) and Sustrans, having our registered office at Sustrans, 2 Cathedral Square, College Green, Bristol, BS1 5DD and you the person named below: If returning online, please complete part 1 only and email to [email protected] Part 1. Full Name: Address: Your height (for bike sizing to check stock): How often do you ride a bike? When was the last time? Was it on the road and did you feel safe? Part 2. KEY FINANCIAL INFORMATION Description of Bicycle: , Frame no. _________, Serial no.________________ Bicycle lock: Key no. ____________ The period of hire from date of collection until (Monday to Monday loan) ______________________________ Deposit: £70.00 deposit is payable on signing the agreement (currently cash only please). Bicycle hire payment: Currently FREE! Part 3. KEY INFORMATION Page 1 of 3

HIRE AGREEMENT REGULATED BY THE · Web [email protected]. ... Your height (for bike sizing to check stock): How often do you ride a bike? ... Currently FREE! Part 3

Embed Size (px)

Citation preview

Bicycle Loan Agreement

This is a hire agreement made between us, Huddersfield Active Travel (HAT) and Sustrans, having our registered office at Sustrans, 2 Cathedral Square, College Green, Bristol, BS1 5DD and you the person named below:

If returning online, please complete part 1 only and email to [email protected]

Part 1.

Full Name:                                                                                                                                                                                                                                                                                                 

Address:                                                                                                                                                                                                                                                                                                      

Your height (for bike sizing to check stock):

How often do you ride a bike?

When was the last time?

Was it on the road and did you feel safe?

Part 2. KEY FINANCIAL INFORMATION

Description of Bicycle: , Frame no. _________, Serial no.________________

Bicycle lock: Key no. ____________

The period of hire from date of collection until (Monday to Monday loan) ______________________________

Deposit: £70.00 deposit is payable on signing the agreement (currently cash only please).

Bicycle hire payment: Currently FREE!

Part 3. KEY INFORMATION

Security to be provided: A refundable security deposit of £70.00 to be refunded to you upon return of the bicycle in accordance with condition 7.

This agreement is non-cancellable. See below for terms and conditions.

Bicycle Details - (official use only)Bicycle number Frame number Lock key number Frame Size

(XS,S,M,L,XL)Style (LOW/HIGH)

Page 1 of 3

Payment detailsDeposit/Rental Amount Payment method

Please indicate below any marks/scratches/damage etc to demonstrate condition of the bike at point of hire:

Please indicate below any marks/scratches/damage etc to the supplied accessories at point of hire:

Sign it only if you want to be legally bound by its terms. If you have any concerns please consult with us or contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau further before signing.

Signature(s) of Hirer(s):

Page 2 of 3

Please complete the following contact detailsMobile phone number

Email address

Student / staff ID number

ID card issue date

Faculty / Department

Year of Study(Please state if Postgrad)

Under this agreement the bicycle and any associated accessories do not become your property and you must not sell or loan them.

Your Check-up date is ________________________

Your Return Date is __________________________

Signature for and on behalf of HAT, Sustrans:

on the day of which is the date of this agreement.

Page 3 of 3

TERMS AND CONDITIONS

1 Hiring

HAT and Sustrans are letting and you are taking on hire the bicycle described above ("the bicycle") for the period of hire shown above. HAT is pleased to lend you this bicycle and it has been checked over by a cycle mechanic. The bicycle remains the property of HAT but you are responsible for its care, maintenance, security and safe use during the hire period.

2 Your obligations

You will:(i) not damage or tamper with the bicycle;(ii) keep the bicycle in your possession, and make sure it is secured to something

immoveable and under cover where practicable whenever it is left unattended, with the lock provided;

(iii) permit our representatives access to the bicycle at all reasonable times for the purpose of inspecting, maintaining/repairing or removing it; if you are hiring the bicycle for a term, present it to our representatives on a monthly basis;

(iv) be responsible for the security of any bicycle loaned to you and take care of the bicycle;(iv) repay us for loss of or damage to the bicycle whilst in your possession howsoever caused,

and notify HAT and any other relevant authorities immediately of any such loss or damage;

(v) not sell or dispose of the bicycle and will not allow it to be seized in satisfaction of your debts or for any other legal process and will indemnify us against all losses, costs, claims, damage and expenses howsoever occasioned by your breach.

(vi) return the bicycle to us at the end of the agreed hire period. Failure to do so will result in us retaining your full deposit.

3 Breach

If you breach this agreement or suffer a bankruptcy order to be presented against you or call any meeting of your creditors or execute any assignment for their benefit, we may, after due notice, terminate this agreement and you will no longer be in possession of the bicycle with our consent and you must return the bicycle to HAT immediately.

4 Insurance and liability

In the event of loss or theft of the bicycle a £70 excess will be deducted from your deposit. You will not be guaranteed a replacement bicycle. HAT does not insure the user of any loan bicycle provided. HAT does not seek to exclude or limit its liability for any death or personal injury directly resulting from its negligence, but other than that HAT is not responsible for any injury or any loss or damage to any property or to any person resulting from your loan of the bicycle.

The maximum liability of HAT to you arising under or in connection with under this Agreement is limited to £5000.

5 Maintenance

You are responsible for the appropriate maintenance and safe use of the bicycle whilst it is in your care. You will lose and HAT may retain some or all of your deposit if the bicycle is returned in an unsuitable, damaged state or if it is not returned in good condition (fair wear and tear excepted). Please make sure you are familiar with the wear and tear checklist that will be used to assess your bicycle upon return of it to HAT.

6 Termination

With the exception of the obligation to pay which shall continue until all sums which are due and payable are paid by you, this agreement will terminate at the end of the period of hire set out in this agreement or, if earlier, the date on which the bicycle is returned to HAT.

7 Return of Bicycle

Upon termination of this agreement you will return the bicycle to us in good condition (fair wear and tear excepted) and pay us all amounts due but unpaid up to the date of termination. On return of the bicycle in good condition (fair wear and tear excepted) under this condition 7 we will repay the security deposit to you (subject to the wear and tear checklist) after deduction of any monies

owed. All bicycles must be returned to the Bike Hub by no later than the date specific on the front of the hire agreement. Failure to do so may result in action being taken against you by HAT.

8 Assignment

We shall be entitled at any time to assign the benefit of this agreement provided that this does not detrimentally affect your rights under it. You may not transfer your obligations under this agreement.

9 Safety

Whilst riding the bicycle the hirer is responsible for their own safety at all times and as such HAT is not responsible for any injury or loss or damage to any property or to any person resulting from use of a loan bicycle. We recommend hirers receive cycle training prior to riding the bicycle and wear a helmet when riding. However, these recommendations are at the hirer’s discretion.

10 Other important terms

This contract is between you and HAT. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If HAT fails to insist that you perform any of your obligations under these terms and conditions, or if HAT does not enforce its rights against you, or if HAT delays in doing so, that will not mean that HAT has waived its rights against you and will not mean that you do not have to comply with those obligations. If HAT does waive a default by you, it will only do so in writing, and that will not mean that HAT will automatically waive any later default by you.

These terms and conditions are governed by English law. You and HAT both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Please tick as appropriate:

Name (person who equipment is being loaned to):

Signature:

Date:

I have had the ‘M’ bike safety check explained to me

I am able to ride a bicycle safely

I have received information about bicycle training and will consider this

I know how to ride the bike safely and use any provided equipment correctly