Terms and Conditions – Bike Hire

Definition of terms: (The boring stuff!)

Bicycle: the (e-)bike and/or any other item that is comprised of the contract

Customer: the natural person or legal entity purchasing the bike rental from Mapes of Millport.

Mapes of Millport: Ferris & Sons Ltd the company offering the bike rental according to these terms and conditions

Rider: the person actually riding the bicycle

Written: in writing or electronically

Article 1: Applicability

These general terms and conditions apply to all contracts between Mapes of Millport and customers for bike rental, including accessories like helmets and child seats.

Article 2: Offer and Agreement

1. According to the wishes of the customer, Mapes of Millport makes a written or oral offer. The offer contains (where applicable) the name of the service, rental period, and price. Furthermore, it states the opening hours and telephone number of the company, the manner of payment, and the type of deposit.

2. The contract is established when the customer accepts an offer from Mapes of Millport.

3. Mapes of Millport will retain ownership of rented bikes and accessories at all times.

4. Mapes of Millport takes no responsibility for customers booking the incorrect frame size(s) but will exchange for the correct size(s) should an alternative be available.

5. Riders under the age of 16 must be accompanied by an adult.

Article 3: Price and Duration

1. The customer is not allowed to return a rented bicycle after the date and time stated in the contract. Bikes must be returned during the business hours of Mapes of Millport (10.00 am-5.00 pm Monday to Sunday)

3. Mapes of Millport is not obliged to give any refund for rented bikes that are returned before the end of the contractual period.

4. For each hour that the rental period is exceeded Mapes of Millport is entitled to charge £5 per hour until the hire bike has been returned. Unless previously been agreed via phone or email.

Article 4: Cancellations

1. When the customer cancels a bike rental:

a. More than 24 hours before pick up: full refund

b. Less than 24 hours before the pick up: 1st day of the rental will be charged.

3. Cancellations outside of business hours can only be made via email (cycles@mapesmillport.co.ukl).

Article 5: Payment and Deposit

1. Payment for the bike rental can be done in advance or on the day

2. A deposit is needed for each bike. The deposit consists of:

a. A photo of a valid ID and contract must be completed for an e-Bike to be paid in with a debit/credit card, at time of collection.

Article 6: Obligations for the customer

1. Customers must treat the bicycle well and in accordance with its actual purpose.

2. Customers must return the bicycle to Mapes of Millport in its original condition. Any changes or additions by or on behalf of the customer must be undone.

3. By renting a bicycle, the customer declares to be:

a. In good physical condition, i.e. not suffering from any medical diseases or complaints that influence their riding ability.

b. Able to properly ride a bicycle.

4. Must be over the age of 16 years old if renting an e-Bike.

5. Mapes of Millport reserves the right to judge the capacities and abilities of a customer or rider before the use of a bicycle.

6. Customers must obey all traffic laws.

7. The customer/rider must behave as a good renter/rider, which means he/she:

a. Is not permitted to sublet or sublease the bicycle.

b. Is not permitted to give the bicycle to a person other than the rider.

c. Is not permitted to take the bicycle outside of the UK.

d. Is not permitted to carry any passengers on the bicycle except for children in an age-appropriate child seat.

e. Must ensure that the person who is contractually indicated as the rider is legally permitted, and physically and mentally fit enough to ride a bicycle.

f. Must secure loads on the bicycle with due care.

g. Is not permitted to continue using the bicycle if it’s damaged when its use can lead to aggravation of the damage or affects traffic safety.

Article 7: Additional instructions for the customer

1. The customer must return the bicycle in reasonably clean condition. Cleaning costs with a minimum of £5 may be charged.

2. e-Bike computers should be removed when leaving the bike unattended.

3. At the start of the rental, the customer needs to check the bicycle and report any possible defects to Mapes of Millport staff. When the defect(s) cannot be repaired instantly, the customer is permitted to have a replacement bike. As soon as the customer leaves the Mapes of Millport shop, he/she accepts the condition of the bicycle.

4. Should any problems with the bicycle arise, you must contact Mapes of Millport either in person or by email where we will arrange to have the problem corrected. Mapes of Millport will not reimburse customers for repairs by another company unless:

a. The damage, kind of repair and costs of the repair are discussed with and approved by, Mapes of Millport.

5 In the event of injury to the customer/rider and/or damage or loss of the bicycle, the customer is obligated to:

a. Inform Mapes of Millport as soon as possible

b. Follow instructions from Mapes of Millport

c. Provide all (requested) information and documents that relate to the event that caused the injury/damage.

d. Not leave the bicycle behind without properly securing it.

e. Report the event to the local police.

6 Be prepared and plan ahead. The Highland weather can often change quickly, so please check the forecast. Take provisions and suitable clothing.

 Article 8: Obligations for Mapes of Millport

1. Mapes of Millport provides a bicycle with the statutory and agreed features and accessories, which is clean, well maintained and in a technically good condition.

2. Mapes of Millport will inspect the bicycle for any damage immediately after it is returned.

Article 9: Customer’s liability for damage

1. The customer is liable for any damages to Mapes of Millport related to the bike rental or unless the damage is caused by a violation of the obligations stated in article 8.

2. The customer is liable for actions and omissions of the rider(s) and other users of the bicycle(s) compromised by the contract, even if they didn’t have the customer’s permission to use the bike.

3. The customer must respect all rules and regulations. The customer uses the bicycle on his own responsibility. If a customer infringes any UK rules or regulations, Mapes of Millport can by no means be held liable.

4. In the event of loss, theft, or damage of the bicycle, Mapes of Millport is entitled to charge a (maximum) compensation of:

a.   £500 for a City Hybrid

b.   £500 for a Mountain Bike or Trekking Hybrid

c.   £3500 for an e-Bike

d.   £400 for a Children’s Bike

Article 10: Insurance

1. Mapes of Millport recommends that riders have appropriate personal insurance protection as any accident or injury caused by rider’s actions will be the full responsibility of the said rider. If using Travel Insurance, then please ensure that it covers cycling.

2. In case of theft, the decreased financial risk only applies when the customer can hand over the keys of the bicycle to the Mapes of Millport staff.

3. Mapes of Millport strongly recommends the insurance service.

Article 11: Dissolution of the contract

1. Mapes of Millport is entitled to terminate the contract and seize the bicycle if:

a. The customer does not obey one or more of his obligations unless the omission does not justify dissolution.

b. The customer dies, is put under guardianship, applies for a moratorium, is declared bankrupt, or is in a legal debt management regime.

2. If Mapes of Millport is entitled to seize the bicycle(s), customers must offer full cooperation.

If the customer dies before the hire period, the contract is automatically dissolved.

Mapes of Millport is not liable for any damage caused by dissolution of the contract.

Article 12: Personal Data

Personal data of the customer will be processed by Fareharbor and Mapes of Millport, according to the UK Data Protection Act. The customer can request inspection or correction of his personal data and file objections. Objections by the customer regarding the processing of data for direct mailing will be honoured at all times.

Article 13: Applicable Law

The contract is governed by Scottish law.

Mapes of Millport

3 -5 Guildford Street, Millport, Isle of Cumbrae, KA28 0AE, UK

Telephone: 01475 530 444

E-mail: cycles@mapesmillport.co.uk

Website: www.mapesmillport.co.uk