Making cycling e-asier Terms & Conditions loans
Making cycling e-asier Terms & Conditions loans
Terms and Conditions in Community Languages
These terms and conditions are also available in eight community languages. Please select the ‘Terms and Conditions Translations’ button below to see these terms and conditions in: Arabic, Bangla, Gujarati, Hindi, Polish, Punjabi, Romanian, and Urdu.
1.1. These terms and conditions apply to your loan from us of an electric bicycle (“E-Cycle”) together with any accessories and attachments supplied under the National E-Cycle Scheme (“Scheme”).
1.2. You would like to loan and we have agreed to loan to you the E-Cycle, as set out in your booking confirmation.
1.3. The loan of the E-Cycle and any supplied accessories (including lights, locks, helmets, charger) will not last for longer than 1 month and is loaned to you free of charge.
1.4. By loaning the E-Cycle and by ticking the relevant box on our booking management system you agree to comply with and be bound by these terms and conditions (“Terms”).
1.5. Separate terms and conditions may apply to your attendance of an event which we will make available to you separately.
1.6. Please note that if you breach any of these Terms, we may refuse to allow you to loan an E-Cycle or cancel your loan.
2. Information about us and the Scheme
2.1. We are Cyclists’ Touring Club (trading as Cycling UK) incorporated and registered in England and Wales with company number 25185 and registered as a charity in England and Wales with charity number 1147607 and in Scotland with charity number SC042541 whose registered office is at Parklands, Railton Road, Guildford, Surrey GU2 9JX (“Cycling UK”).
2.2. The Scheme aims to increase public awareness and understanding of, and to accelerate the uptake of, E-Cycles. We have received funding from the Department for Transport to deliver the Scheme.
2.3. You can contact us with any queries relating to these Terms, your E-Cycle and / or the Scheme by email.
3. E-Cycle Loan
3.1. To loan an E-Cycle you must:
3.1.1. be aged 18 years or over (please note that some of our e-hubs allow over 16s to participate, provided they have parental consent which must be documented in a completed parental consent form);
3.1.2. be a proficient and competent cyclist;
3.1.3. ensure that all data provided by you is accurate, not misleading and complete;
3.1.4. apply and be accepted by us to participate in the Scheme, be registered with us and approved by us (including meeting any eligibility requirements) and be in receipt of a booking confirmation and;
3.1.5. agree to these Terms.
3.2. We reserve the right, at our absolute discretion, to refuse your application to loan the E-Cycle.
3.3. You must provide proof of your identity (e.g., driving license, passport, UK Biometric Residence Permit (BRP), Asylum Registration Card (ARC), non-UK national ID card or a staff / student ID pass for an Event delivered at a workplace or education centre); proof of address (utility bill, council tax bill, bank statement) upon collection of the E-Cycle. Photo ID is preferred, but we will also accept a utility bill, council tax bill, or a bank statement if you have no photo ID, and if it shows your full name and address. If you are loaning a TIER E-Cycle at your workplace (such as an NHS workplace), then you must provide your work ID or NHS photo ID. You must also bring your booking confirmation with you.
3.4. The loan commences at the start date on your booking confirmation and will continue until the E-Cycle is returned to us on the due date at the loan location where you collected the E-Cycle (“Loan Period”).
3.5. Collection of the E-Cycle must take place within 48 hours of the start date on your booking confirmation, failure to do so will result in the automatic cancellation of the booking.
3.6. You are responsible for choosing the right size of E-Cycle. The correct size and fitting of the E-Cycle will be checked by our staff at the time of collection. If our staff consider that the size or fitting of the E-Cycle is not correct, we may refuse the loan. We are under no obligation to swap the booked E-Cycle for an alternative.
3.7. Paragraph 3.6 does not apply to you if you are loaning a TIER E-Cycle at your workplace. TIER E-Cycles are one size.
3.8. On collection of the E-Cycle at the start of your loan, you must inspect and agree that the E-Cycle is in good condition prior to leaving the loan location.
3.9. You must return the E-Cycle clean, with the battery fully charged and in the same condition as you collected it in (excluding any fair wear and tear from use in compliance with these Terms).
3.10. If you are loaning a TIER E-Cycle from your workplace, you will not be able to charge the E-Cycle battery at home. It must be charged at your workplace.
3.11. You must return the E-Cycle and any accessories on the date, time and place stated on your booking confirmation at the end of the Loan Period. If the E-Cycle (including any accessories) is not returned to us on or before the last day of the Loan Period, we reserve the right to charge a late fee in accordance with clause 5 below.
3.12. You can only book one E-Cycle per person and there is only one E-Cycle loan allowed for the duration of the Scheme (consecutive / recurrent / repeat bookings are not permitted and will be automatically cancelled).
3.13. You agree to participate in our monitoring and evaluation process, which includes a pre-loan survey and two post-loan surveys. You can respond anonymously to the surveys.
3.14. Following your participation in the Scheme, Cycling UK or the Department for Transport’s evaluation partner, Steer, may contact you to invite you to take part in further research into the Scheme and your participation in it.
3.15. You will receive essential correspondence from us to manage your booking, to provide your free Cycling UK membership (see clause 10.5) and to access our monitoring and evaluation surveys (see clause 3.13).
4. Your obligations
4.1. When using the E-Cycle you must:
4.1.1. comply with these Terms and all applicable laws;
4.1.2. abide by the Highway Code;
4.1.3. observe all traffic signs and signals;
4.1.4. ensure that the E-Cycle is road worthy prior to use (including before each use that the tyres, brakes, saddle and bell are fit for use);
4.1.5. use the E-Cycle reasonably and responsibly;
4.1.6. use the E-Cycle in accordance with any instructions provided by us and/or the manufacturer;
4.1.7. ensure good care of the e-cycle's lithium battery: follow the charging instructions provided by us or the manufacturer (TIER E-Cycles cannot be charged by users); don’t expose the battery to extreme temperatures; don’t drop the battery or tamper with it in any way, and only use the battery to power the E-Cycle. If the battery is damaged, please report it to us by email.
4.1.8 look after the E-Cycle; and
4.1.9. securely lock the E-Cycle when it is not in use or is unattended: in a secure place, to a fixed object, and using the lock provided. If you are loaning a TIER E-Cycle at your workplace, the TIER E-Cycles do not need to be locked to a fixed object.
4.2. When using the E-Cycle (including any accessories) you must not:
4.2.1 leave the E-Cycle unattended or unsecured (except for TIER E-Cycles in accordance with clause 4.1.9 above)
4.2.2 use the E-Cycle beyond the purpose it was intended for. For example, you must not provide or operate a courier service or use it for any business purpose
4.2.3 sell, lend, give, hire out, rent or otherwise part possession with the E-Cycle or allow any other person to use the E-Cycle
4.2.4 damage, deface or vandalise the E-Cycle;
4.2.5 load the E-Cycle:
(a) with a total weight of more than 250lb (130kg) - or 242lb (110kg) for TIER E-Cycles;
(b) with more than one person at a time;
(c) with a basket with a total weight of more than 20lb (10kg) - or 13lb (6kg) for TIER E-Cycles;
(d) basket with any animals, children or persons;
4.2.6. carry dangerous, hazardous or flammable substances or any object likely to cause injury to you and / or cause damage to the E-Cycle and / or that is prohibited by law;
4.2.7. use the E-Cycle for racing or stunt or trick riding;
4.2.8. use the E-Cycle while under the influence of alcohol, strong medication or other drugs;
4.2.9. use the E-Cycle while texting or on your mobile phone;
4.2.10. dismantle or tamper with the E-Cycle (or in any way attempt to do so);
4.2.11. add or attach accessories or trailers to the E-Cycle;
4.2.12. use the E-Cycle for criminal activities;
4.2.13. use the E-Cycle for antisocial behaviour (including, for example, in a manner that causes or is likely to cause harassment, alarm, offence or distress to others); and
4.2.14. leave the E-Cycle in any place where it will obstruct a public thoroughfare, such as a pavement, cycle lane or road.
5. Late or non-return of E-Cycle
5.1. if the E-Cycle is not returned to us by the end of the Loan Period in accordance with clause 3.11 above (date, time and place), you will be charged a late return fee of £50 each day the E-Cycle is not returned to us after the Loan Period has expired (“Late Return Fee”) plus a recovery fee of £200 (“Recovery Fee’) if we need to recover or repossess the E-cycle. The Late Return Fee will be capped at £1,500 and shall be payable on demand as a debt on the earlier of the date you return the E-Cycle to us, or thirty (30) days after end of the Loan Period.
5.2. in addition to charging and recovering the Late Return Fee and Recovery Fee, we reserve our rights in relation to the late or non-return of the E-Cycle and any accessories, including by taking steps to find and repossess the E-Cycle from you, by taking proceedings against you, and / or reporting any evidence of criminality to the police.
6.1. We want you to have a safe and enjoyable experience when using the E-Cycle. In addition to complying with our use requirements outlined in clauses 4.1 and 4.2 above and exercising caution and good judgement, we strongly advise that you wear the helmet provided and use appropriate safety equipment and clothing when using the E-Cycle (including the lights provided) and follow our guidance and safety tips.
6.2. You accept that cycling has risks and confirm that you are a competent cyclist who will cycle safely and responsibly. You are responsible for ensuring that you are physically able to safely use the E-Cycle and you ride at your own risk.
7. Exclusion and suspension
7.1. If at any time you do not comply with these Terms and / or any applicable laws we may exclude or suspend you from participating in the Scheme and using the E-Cycle.
7.2. Where non-compliance with the Terms is of a criminal nature (including theft of the E-Cycle) we reserve the right to refer the matter to the police and to disclose relevant information to the police. Information provided by the police regarding non-compliance with these Terms and any applicable laws may be used to exclude or suspend you from participating in Scheme and using the E-Cycle.
7.3. If you are excluded or suspended from the Scheme we will cancel your loan of the E-Cycle and you must return the E-Cycle (and any accessories) to us at the place stated in your booking confirmation immediately or a Late Return Fee will apply. We reserve the right to take further action should you fail to return the E-Cycle.
8. Problems and repairs
8.1. If you experience any problem with the E-Cycle please stop using the E-Cycle as soon as it is safe to do so and notify us without delay at either: (a) email, (b) at your workplace if you have a TIER E-Cycle; or (c) at the Evans Cycles location where you picked up the E-Cycle if your loan is through Evans Cycles. If you do not report such issues, we may have to attribute them to you.
8.2. We will use reasonable efforts to repair the E-Cycle or procure a replacement E-Cycle, where possible, except for:
8.2.1. the repair of a puncture or unseated chain (on non-TIER E-Cycles only) or saddle adjustments, which you can reasonably carry out yourself; or
8.2.2. damage as a result of your misuse.
8.3. If you are loaning a TIER E-Cycle at your workplace, you should not attempt to refit an unseated chain. Instead, you should return the bike to your workplace and / or us by email or advise our representative at your workplace that the chain needs to be refitted. TIER E-Cycles have solid rubber tyres and will not puncture.
9. Accidents, damaged, lost or stolen E-Cycles
9.1. You must report (as soon as possible) any damaged, lost or stolen E-Cycles to us by email or at the Evans Cycles location where you picked-up the E-Cycle, if your loan is through Evans Cycles.
9.2. In the case of theft of the E-Cycle you must also report this to the nearest police station, notifying them of your involvement in the Scheme, and you must obtain and provide to us, by email, a copy of the incident reference number, as well as photographic evidence from the place where the E-Cycle was stolen.
9.3. If you are involved in an accident, or damage or injury is caused to someone or something while using the E-Cycle you must stop using the E-Cycle when safe to do so and notify us of the accident and any damage to the E-Cycle by email or at the Evans Cycles location where you picked-up the E-Cycle if your loan is through Evans Cycles. If you are involved in a collision, including any minor collisions, you must also report it to the nearest police station, notifying them of your involvement in the Scheme, and you must obtain and provide to us, by email, a copy of the police incident reference number.
10. Liability and insurance
10.1. The E-Cycle and any accessories remain our property (or the property of our partners, as applicable) during the loan.
10.2. You are responsible for any loss, theft or damage to the E-Cycle and any accessories we provide to you during the loan.
10.3. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events beyond our reasonable control.
10.4. We are not liable or responsible for the failure or malfunction of the Qi (wireless) charging and/or mobile phone holders provided on TIER E-Cycles, for loans taken out through certain workplaces.
10.5. Once you pick-up the E-Cycle, at the start of your loan, you will receive (free of charge) a three-month Cycling UK membership, which includes third party liability insurance. You will receive detailed information about the membership shortly after you pick-up your E-Cycle. We reserve the right to amend the membership offer or cancel the membership at our discretion. Existing Cycling UK members will not receive a membership extension, an additional membership or compensation as a result of loaning an E-Cycle through the scheme.
11. Data protection
12.1 You may amend, cancel or end your hire of the E-Cycle earlier by returning your E-Cycle to the location where you picked up the E-Cycle or by contacting us or at the location where you hired the E-Cycle.
12.2 Your hire is conditional on the Scheme continuing. We may immediately cancel our hire to you on notice for any reason, including but not limited to, the Scheme ending. If your hire is cancelled you must return the E-Cycle to us without delay to the place stated in your booking confirmation.
13.1. Please email us if you have any enquiries or complaints.
14.1. We may change these terms and conditions from time to time.
15.1. You must notify us of a change of your address or any other updates to your details as soon as it is practical to do so by emailing or at the Evans Cycles location where you picked up the E-Cycle, if your loan is through Evans Cycles.
15.2. Nobody else other then you and us is a party to this agreement. No other person shall have any rights to enforce any of these Terms.
15.3. You may not transfer or assign any of your rights under these Terms to any other person.
15.4. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck out and the remaining provisions shall be enforced to the fullest extent under the law.
15.5. Failure to enforce any right or provision under these Terms shall not constitute a waiver of such a right or provision.
15.6. If these Terms are translated into any other language and there is any inconsistency between the versions of the Terms, this English language version shall take priority.
15.7. These Terms shall be governed by English and Welsh law and any disputes between us regarding these Terms will be heard in the English and Welsh courts.