Terms and Conditions Of Hire and Demo Bikes

TERMS AND CONDITIONS FOR HIRING A BIKE OR DEMOING A BIKE

1. General Issues

a. These booking terms and conditions apply to the booking of bikes from Biketreks Grizedale located at Grizedale Forest, Hawkshead, Near Ambleside, Cumbria, LA22 0QJ as set out in the bike booking Confirmation.

b. These booking terms and conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these booking terms and conditions.

c. No variation to these booking terms and conditions shall be binding unless agreed in writing by Biketreks Grizedale.

d. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by Biketreks Grizedale (including any electronical documentation) shall be subject to correction without any liability on the part of Biketreks Grizedale.

e. Biketreks Grizedale reserves the right to make changes to the activity of cycling whether to conform with any applicable safety or other statutory requirements or otherwise. This could include, but is not exclusive to, people who book an under 18 year old to ride without a riding adult, or an under 18 year old on an electric bike.

2. Booking Confirmation

a. Bikes will not be reserved unless a booking has been completed. A booking is not considered complete unless payment has been received. No booking shall be deemed to have been accepted unless accepted in writing by Biketreks Grizedale. If you do not receive confirmation please email hire@biketreksgrizedale.co.uk and we will be happy to provide you with written confirmation.

b. These booking term and conditions incorporate Biketreks Grizedale privacy policy, risk acknowledgement and disclaimer which must be acknowledged before being allowed to undertake the activity.

c. You must advise Biketreks Grizedale as soon as possible of any mistake in the booking confirmation.

d. Biketreks Grizedale shall use its reasonable endeavors to ensure that you and your party’s participation commences at the time booked, and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the activity and no refunds or compensation will be payable in such circumstances.

e. Biketreks Grizedale will hold all booked bikes until 11:30am. After this time we do not guarantee to hold your booking. If you are running late and will arrive after this time you must contact us via phone on 01539 431245 and we will endeavor to save these bikes for you.

f. Bikes are hired on a half day (3 hour) or full day (5 hour) basis. A full day rental is considered between the hours of 9:00am and 16:00pm. All rentals must be collected between the hours of 9:00am and 11:00am. All bikes MUST be returned to the Grizedale visitor centre by 16:00pm

g. Delays in returning hire bikes will be charged for at a rate of £5 per bike, per 15 minutes late. If for any reason you envisage you will be late back it is your responsibility to let the hire centre staff know. These charges will only be waived in exceptional circumstances.

3. Safety

a. The activity of mountain biking comprises of a strenuous and dangerous activity which could result in death. All participants will receive safety advice from Biketreks Grizedale staff before heading out on the pre-marked tracks and trails.

b. Biketreks Grizedale reserves the right to refuse admittance to the activities, or to remove a participant from the activities should it deem it necessary to do so. This includes a participant who does not comply with the safety rules, advice and the safety system; or who is deemed to be under the influence of alcohol or drugs.

c. After the safety briefing participants will not be supervised by an instructor. A participating adult must accompany under 18 year olds at all times whilst they are riding bikes. Biketreks Grizedale recommends that one adult should supervise a maximum of 8 children when riding and this should be reduced if the participants are going onto the North Face trail or technical riding. Participating adults must sign a Risk Acknowledgement and Disclaimer (see below) stating that he or she will accept responsibility for the safety of him or herself and for the supervision of children in his or her care.

d. All participants must be reasonably fit and healthy. You are responsible for ensuring that you are physically fit enough to undertake cycling any distance using a Biketreks Grizedale hire bike(s) or equipment you have booked. A minimum age of 1 year old is required to go into the trailers. A maximum weight of 18kg per child is recommended by the manufacture.

e. All participants are required to wear a helmet at all times whilst riding a bike.

f. Cycling is physically demanding and will require a degree of fitness. If participants are in any doubt as to whether they should attempt the activity they are advised to walk some of the course before booking.

g. Biketreks Grizedale will take no responsibility for participants who have booked and then find the course too difficult. Please note that we are based in the Lake District and are therefore hilly. The easiest route includes a 45 minute uphill for a family group. Although we are classed as having family trails, some children may struggle with the initial climb. If you are unsure please come and visit the site prior to booking. Staff members will be happy to advise you to the best of their ability as to whether the course is suitable.

h. If participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to certify that they do not suffer any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Due to the physical nature of the cycling, Biketreks Grizedale are unable to allow pregnant women to take part.

4. Hirers Responsibilities.

a. All participants are required to act responsibly and courteously at all times and to respect other participants. Biketreks Grizedale shall be entitled to prevent any person(s) from undertaking or completing the activity in the event it deems the behaviour of any participant(s) unsuitable.

b. Participants must be dressed appropriately (see clause 8) and Biketreks Grizedale reserves the right to refuse hiring bike(s) and / or equipment to any participant who is not appropriately dressed.

c. The activity will remain open in most weather conditions (but not in circumstances of gales, lightning, and heavy ice or snow and severe flooding).

d. No refunds or compensation will be payable by Biketreks Grizedale in the event that any participant is not permitted to, or decides not to, undertake or complete the activities for the reasons set out in this clause.

e. Hire bikes are assessed by an experienced mechanic prior to being hired but it is your responsibility to ensure that you follow the mountain bikers checklist for your own safety (please request a copy if you are not familiar with it), and assess your bike before riding and regularly during your ride.

5. Security and Limitations.

a. 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, and only used in a proper manner and not subject it to any misuse or unfair wear and tear.

b. Bikes must not be left unattended at any time unless locked securely. Overnight hire is not permitted and bikes must be returned to the Biketreks Grizedale hire centre by 16:00pm at the end of each day. During winter the forest is dark by 3pm so we would advise you coming prepare accordingly with good quality lights.

c. Hire bikes must not leave Grizedale Forest at any time.

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

e. Although we endeavor to keep bike specs as close to possible as stock, we cannot guarantee they will be exactly as displayed on our website. If there is a particular spec feature you would like on your bike please call us on 015394 31245 to confirm.

6. The Disclaimer

This disclaimer is to be signed by a consenting riding adult aged 18 years or over who is responsible for the group on collection of the bike(s), and reads as follows…

I (the undersigned) wish to hire a bike(s) for the purposes of cycling. I am over the age of 18 years old and I am signing on behalf of those aged 18 years or under as listed below where relevant, and those over the age of 18 years who I am responsible for. I have the authority of each participant and / or that of each parent / guardian to allow the named participant to participate in the activity of cycling. All under 18 year olds will be accompanied by an adult when riding a bike at all times.

From here on the word ‘I’ will be seen to mean the undersigned and all those under 18 years old and over as are named below.

I agree that cycle helmets will be worn at all times when on the hire bike(s) and / or in hire trailers provided. Riding without a helmet or misuse of any piece of equipment will result in confiscation without compensation.

I understand that cycling is a physically challenging activity and accept that there is a risk of serious injury or death in undertaking this activity. I accept that I will ride within my physical and technical limitations and that of the group. I accept that I will cycle within the remit of each hired bicycle(s) capabilities which are outlined by Biketreks Grizedale staff.

I certify that to the best of my knowledge I do not have any medical condition which might make me more likely to sustain an injury. To the best of my knowledge I certify that I am not pregnant. I confirm that I am not under the influence of alcohol and / or drugs. I acknowledge that I am responsible for my own safety (and the safety of my possessions) whilst undertaking this activity, and that I am responsible for the safety of all under 18’s listed below.

To reduce the risks I agree to follow all the instructions set out in the Forest Cycle Code along with all the instructions given to me by Biketreks Grizedale staff before undertaking any cycling. I understand and agree that if participating in guiding / coaching sessions that I do so entirely at my own risk. I have considered the nature of such sessions and agree to participate in a safe manner and to follow all reasonable instructions from the guide / coach.

I agree that I am liable for any costs incurred by myself and / or my group / company in respect to damage to the bike(s) and / or equipment hired by myself or my group / company, however so caused. In the unlikely event of an accident, loss or damage to my personal effects, I acknowledge that Biketreks Grizedale will not be liable for any direct or indirect loss, damage or injury arising from, or in connection with this activity (except death or personal injury caused by Biketreks Grizedale’s negligence) and waive all and any claims against Biketreks Grizedale in this respect.

In signing this document I acknowledge that I agree to everything stated in the above disclaimer, and I take responsibility for myself and take responsibility for any / all the participants listed under my supervision.

7. Forest Cycle Code

Expect the unexpected.
Keep your speed down.
Always ride within the capabilities of yourself and your equipment.
Remember other vehicles use forest roads as well.
Footpaths and waymarked walks are for walkers only.
Give way to walkers and be friendly to other forest users.
Be aware of horses.
Warning! Keep away from all forestry operations, quarries and pits.
Do not pass vehicles loading timber until told.
Take care cornering and braking on loose stone surfaces.
Watch out for barriers when forest tracks meet public roads.
Be aware of wildlife including deer who are easily spooked.
Always wear a helmet.
Cycle with care.

8. Clothing

a. It shall be the responsibility of all participants to ensure that they are dressed appropriately. Biketreks Grizedale advises participants to wear clothing appropriate for the weather conditions and that which they do not mind getting damaged. The Lake District can be a very cold and wet destination so a suitable layering system should be employed by all. In particular the following restrictions shall apply: i. Participants may not undertake cycling in open-toed or slip-off shoes. ii. Waists and Torso’s must be covered, and participants are advised to cover up as much skin as possible. iii. Clothing must not be tied around the waist / neck / shoulders of any rider. iv. Baggy trousers, skirts or similar are not recommended, and care should be taken to ensure that a participant can ride without their garments catching in the wheels or drive chain. Such garments are not permitted for those riding on technical trails.

b. Biketreks Grizedale will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in cycling.

9. Cancellations

a. You shall be entitled to cancel your booking subject to Biketreks Grizedale receiving your request for cancellation at least 48 hours before the booking start time. Any requests for cancellation must be made by telephone on 01539 431245 AND followed by a written email to hire@biketreksgrizedale.co.uk. You shall be entitled to a full refund in the event of a cancellation under this clause.

b. After 48 hours prior to commencing your booking, Biketreks Grizedale will offer no refund for any booking, but will endeavor to alter the time and date to an acceptable time and date for Biketreks Grizedale and yourself. This must be taken within 6 months from the original booking.

c. Biketreks Grizedale shall be entitled to cancel your booking at any time. In the event that Biketreks Grizedale decides to cancel your booking it shall use its reasonable endeavors to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause, but no other compensation shall be payable. This does not include cancellation in respect to clause 3:b, 3:g, or 3:I, which will incur no refund.

d. In the event that it proves necessary to close the activities for reasons beyond the control of Biketreks Grizedale, and in circumstances where your party has commenced participation in the activities, you shall not be entitled to any refund (in part or in whole). In such circumstances Biketreks Grizedale Mountain may, but shall not be obliged to, offer alternative dates or times at reduced rates.

e. Biketreks Grizedale will not refund any full day hire, if the participants have already paid for the full day, but return within the half day time period.

10. Group Bookings

a. All group bookings of 10 or more participants (that are not booked via the website by the participants) will only have a confirmation of the booking once an email has been received from the participants with the details of the group, and a confirmation email has then been received from Biketreks Grizedale.

b. Once a group booking has been confirmed, the cancellation policy is the same as that in clause 9.

c. Once an invoice has been issued to a group it is counted as a promise of payment and should be paid in full within 7 days of issuing. If the group cancels and it is up to 48 hours before the time in which the booking is to take place, then in this case the invoice will be seen as null and void.

d. All groups will be bound by the same terms and conditions as all other participants as laid out in this document.

11. Prices and Payment

a. Subject to any terms agreed in writing between Biketreks Grizedale and you, our charges shall be calculated at our current rates and payment in full shall be due at the time of booking.

b. The charges include the cost of purchasing the activities which include helmet hire and a map of the trail centre. Payment may be made either via the website www.bike-treks.co.uk using a credit/debit card or paypal, via phone, or on the day by cash if you have not pre booked a bike(s).

c. Invoices for group bookings are available on request but will only be issued with prior arrangement. The invoice is to be settled in full within 7 days of issuing.

d. A deposit is required for each electric or full suspension bike hired. The amount of this deposit will be £1000. This deposit is refundable on safe return of the bike. We will take a swipe of your card for this deposit which will need to be pre-authorised by your bank.

e. The hirer will be liable to pay in full the cost of any loss or damage of the bike(s) and / or equipment which may be over and above that of the security deposit. This excludes inner tubes only.

f. Any damage will be charged for at cost price. Rental bikes should only be ridden on the grade of trail that they are designed for. Any bikes found to have been ridden on a trail above the grade they are designed for will have their damage deposit withheld.

12. Refunds and Amendments

a. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by bacs. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value.

b. Where multiple forms of payment are used, Biketreks Grizedale reserves the right to refund any monies due on a refund or amendment by credit or bacs.

13. Liabilities

a. Except as otherwise provided in these booking terms and conditions Biketreks Grizedale shall not be responsible for the loss, or damage, of or to, any property or to any person arising from the booking of or participation in cycling.

b. Parking facilities are available at the site, and any vehicles are left at the owners’ risk, and subject to any conditions and the payment of any fees as may be required by the provider of such facilities at Grizedale. The car parks are not located at the hire centre and all participants should allow a 5-15 minute walk from them to the visitor centre. All the car parks within Grizedale are chargeable and if you become a regular visitor an annual pass can be obtained.

c. Except as otherwise provided in these booking terms and conditions any liability of Biketreks Grizedale shall be limited to the refund of any charges paid to Biketreks Grizedale.

d. Nothing contained in these booking terms and conditions is intended to, nor shall limit the liabilities of Biketreks Grizedale in respect of death or personal injury caused by the negligence of Biketreks Grizedale or of its employees, agents or contractors.

14. Miscellaneous

a. If any of these terms are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.

b. 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.

c. Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.

d. 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.

e. 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.

f. 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.

g. 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.

h. 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 Date Protection Act 1998.

i. For how Biketreks Grizedale uses your details under the constraints of GDPR and Privacy please visit our main website at https://www.bike-treks.co.uk/pages/privacy-policy