BICYCLE RENTAL AGREEMENT
Bzike Ltd ("Bzike") has created a platform, Bzike.com, which enables private individuals to enter into transactions between themselves to hire privately owned bicycles. The responsibility for the conduct of the parties entering into such a transaction lies solely with each of them and Bzike makes no representations or warranties as to the safety of any individual bike or any individual cyclist. In this regard Bzike acts as an agent in facilitating the transaction, and is not a distributor or reseller. Bzike does not carry out any due diligence on the bicycles, owners or renters. Owners and renters agree to use the bzike.com platform entirely at their own risk.
IMPORTANT - READ THIS CAREFULLY BEFORE RENTING THE BICYCLE.
For the purposes of this agreement, you are the person renting the bicycle and any other equipment ("bicycle") and the renter under the renter account you created on the bzike.com website. You are agreeing to rent the bicycle from the owner of the bicycle ("the owner") identified in the owner account on the bzike.com website.
This bicycle rental agreement ("agreement") is a legal agreement between the owner and you, as the renter and user of the bicycle.
The owner is willing to allow you to rent and use the bicycle only on the condition that you accept all the terms in this agreement. If you agree to the terms of this agreement, select the "I agree", "I accept", or "Yes" button beneath this agreement to complete your agreement and acceptance. By renting or using the bicycle, you acknowledge that you have read this agreement, understand this agreement, and that you agree to be bound by all the terms of this agreement.
If you do not accept this agreement, you will not be permitted to rent the bicycle or any other equipment.
This agreement is effective on the date you agree to the terms and conditions as provided herein. You and the owner agree as follows:
1. RISK AND LIABILITY TERMS
1. 1 Acknowledgement of Risks. You understand, acknowledge and accept that bicycling is a hazardous activity and entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to you, to property, or to third parties. You understand that bicycle protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
1. 2 Assumption of Risk. You knowingly and voluntarily assume all risks related to the operation and possession of the bicycle and hold both the owner and Bzike Ltd harmless from all liability for any loss or damage occurring as a result of your use or rental of the bicycle.
1. 3 Indemnification. You agree to indemnify and hold harmless owner and Bzike and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from, related to, or in any way connected with, or resulting from your participation in this activity or your use of the bicycle, including without limitation the possession, use, operation, or return of the bicycle, including any such claims which allege negligent acts or omissions on the part of the owner or Bzike.
2. Third Party Claims. You agree to protect, defend, indemnify, hold harmless the owner and pay any claim, including legal fees, brought by a third party arising out of your use of the bicycle and for any liability associated with any personal accident/injury as a result of your use of the bicycle.
2. 1 Insurance. You certify that you have adequate insurance to cover any injury or damage you may cause or suffer while participating in the activity, or else you agree to bear the costs of such injury or damage yourself. You understand and agree that any insurance coverage you maintain, whether liability, casualty, personal or health, shall constitute the primary coverage in the event of any loss, injury, death or damage to person or property while using or operating the bicycle.
2. 2 Physical Condition. You understand you should be in good physical health to participate in bicycling. You certify that you have no medical or physical conditions which could interfere with your safety in this activity, or else you are willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
3. RENTAL TERMS
3. 1 Bicycle Usage. No other person may drive or otherwise operate the bicycle except you. You are prohibited from carrying any passengers on the bicycle at any time. You may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars at any time. You are prohibited from pulling or towing any passenger or object with the Bicycle at any time.
3. 12 Bicycle Collection/Delivery. The bicycle shall be available for you to collect at the time and location agreed between you and the owner.
3. 2 Bicycle Return. You agree to return the bicycle to the owner in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by the owner at time of rental. You agree to return the bicycle sooner if so demanded by the owner. You understand that there may be rate or special charges if you return the bicycle at a different time, date, or location than agreed at the time of rental.
3. 3 Repossession. The owner may repossess the bicycle at any time if: (a) the bicycle is used in violation of law; (b) it appears the bicycle is abandoned, (c) the bicycle is used in violation of any term or condition in this agreement, (d) you made a misrepresentation to the owner or (e) you fail to return the bicycle when due. The owner is not required to notify you in advance of repossession.
3. 4 Prohibited Use of the Bicycle. Use of the bicycle is restricted to the general geographical area agreed upon by you and the owner. You will not remove the bicycle from this area. You agree not use or permit the bicycle to be used for hire or in any location that operation would be a nuisance to others. You will not use or permit the bicycle to be used for an illegal purpose. A violation of this paragraph automatically terminates the rental and makes you liable to the owner for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
3. 5 Damage to Bicycle. You shall pay the owner for all losses and/or damage to the bicycle, regardless of fault (e.g. you agree to pay for the loss even though someone else caused the damage or is at fault). You are also responsible for the cost of replacement of the bicycle if it is stolen while in your care and the reasonable costs of repairing the bicycle if it is damaged or vandalized while in your care. If the bicycle is damaged beyond reasonable repair (as determined by the owner), you shall be responsible for the retail fair market value of the Bicycle, less any salvage value if applicable. In addition to the above, you shall also be responsible for the reasonable down time ("Loss of Use"), reasonable administrative fee as determined by the owner, plus any towing, pick-up and/or storage charges. In the event of theft, you shall be responsible for paying Loss of Use at the daily rate for each 24 hours you delay in paying the total loss. You authorize the owner to collect from a responsible third party any applicable loss and/or damage. In the event the owner obtains a recovery from a third party after you have paid the owner for all or part of any loss, the owner will refund to you any excess above the amount of the loss plus administrative fees and other incurred collection and costs and legal fees.
3. 6 Payment. The owner/Bzike will also make a prior authorization of your credit card in case of damage and/or loss to the bicycle. You agree to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Bicycle rental, including, without limitation, charges for loss and/or damage to the Bicycle. You understand that all charges are not final and are subject to audit. You specifically agree and authorize Bzike or Owner to make any charges by the method of payment used by you at time of reservation and/or rental, including your credit card if that form of payment is utilized.
3. 7 Credit Reserve and Payment. You understand that you must deposit an amount (to be used against the final bill) equal to the estimated total charge for the bicycle rental at the rates indicated on the website and agreed between you and the owner. You authorize Bzike and Owner to place any amounts due from you as a result of the Bicycle rental on to your credit card, if that form of payment is utilized.
3. 8 Repairs. You agree that you will be responsible for any unauthorized repairs or modifications to the Bicycle. You understand that Owner will not reimburse you for any authorized repairs without receipts. All repairs needed as a result of the misuse of the Bicycle will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by you.
3. 9 Ownership. The Bicycle, at all times, remains the exclusive property of Owner.
4. GENERAL PROVISIONS
4. 1 No Warranty. No Warranty. The Bicycle is provided to you on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, the Bicycle is provided without warranties of any kind.
4. 2 Limitation of Liability.
(a ) To the maximum extent permitted by applicable law, in no event shall owner or Bzike, their affiliates, agent, directors, employees, or suppliers be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, user of data or other intangible losses, that result from the use of, or inability to use, the Bicycle, including without limitation any rental.
(b ) If Owner or Bzike, or their affiliates, agents, directors, employees, or supplier be liable are found to be liable, such liability to you or to any third party is limited to the greater of (a) the total fees you paid and (b) £100.
(c ) This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bzike has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
4. 3 Nothing in this agreement shall exclude or in any way limit:
(a) either party’s liability for death or personal injury caused by its own negligence; or
(b) either party’s liability for fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded by law.
4. 4 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
4. 5 Third Party Beneficiary. Bzike shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Bzike herein.
4. 6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
4. 7 Entire Agreement/Severability. This Agreement shall constitute the entire agreement between you and Owner concerning the rental of the Bicycle. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
4. 8 Choice of law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.