Eskuta Hire to Own: Terms & Conditions Explained

Hire To Own Terms and Conditions

BACKGROUND:

1.1 These Terms and Conditions are the standard terms for the hire of Eskuta Bikes and related equipment Eskuta Limited, registered in England under number 09042298, whose registered address is Creaton House,Freer Street ,Nuneaton, Warwickshire. CV11 4PR

2. Definitions and Interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Bike”	means an electric Bike supplied by Us and hired by You subject to these Terms and Conditions;
“Business Day”	means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day”	means any day of the year;
“Contract”	means the contract for the hire of the Bike(s) by You from Us, as explained in Clause 3;
“Contract”	means the form completed and signed by You specifying the details of Your Bike hire;
“Hire Period”	means the period for which You will hire the Bike(s);
“Month”	means a calendar month;
“Price”	means the total price payable for the hire of the Bike(s) on a Weekly basis;
“Security Deposit”	means the sum payable under sub-Clause 7.4 to cover the non-return, loss, theft or non-accidental damage of the Bike(s);
“We/Us/Our”	Means Eskuta Limited number, whose registered address is Unit 10 Bermuda Innovation Centre, St. David’s Way, Bermuda Park, Nuneaton, Warwickshire. CV10 7SD.; and
“You”	means You, the hirer of the Bike(s).

2.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
2.3 Each reference the singular number shall include the plural and vice versa where appropriate.

3. Information About Us

3.1 Our VAT number is 244232533. Our Company Registration number is 09042298.
3.2 We are a member of The Association of Cycle Trader, The Bicycle Association, The Light Electric Vehicle Association & The Motorcycle Industry Association.

4. The Contract

4.1 These Terms and Conditions govern the hire of Bikes from Us and will form the basis of the Contract between Us and You. Before completing the Contract, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification. 4.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your completed Contract constitutes a contractual offer that We may, at Our discretion, accept.
4.3 A legally binding contract between Us and You will be created upon Our acceptance of Your signed Contract, indicated by Our signing the Contract, and Your payment of the Price.

5. Bikes

5.1 At the time of hire, we will advise You on how to operate, care for, maintain and the safety procedures of the Bike. You are under no obligation to follow Our advice, but We will not bear any liability for any injury or damage that results from Our advice not being followed.
If the bike is not maintained as per the maintenance schedule provided, this may invalidate the bike's warranty, and any repairs and/or maintenance that may be necessary to rectify any fault, will be at the cost of You, the hirer..
5.2 All bikes are brand new and are supplied with a 12-month warranty.
5.3 At the end of the first period of hire collection of the bike is included in any of our charges on the proviso that the bike is returned in a satisfactory condition. Subject to the above the deposit will be returned within 14 days of return of the bike.
5.4 The deposit will be repayable once the bike has been collected and inspected. At this point, a report on the condition of the bike will be issued to you. Any damage will at this point be detailed and any costs for said damage will be deducted from the deposit amount. Normal wear and tear accepted.
In the event that the bike is collected in any other circumstances you will be responsible for payment of the costs of collection.

6. Your Responsibilities

6.1 You are responsible for ensuring that You (and anyone else in Your party) Use the Bike(s) safely and correctly and that You will, in particular, follow the relevant provisions of the Highway Code.
6.2 You are responsible for ensuring that You (and anyone else in Your party) are suitably physically fit to cycle without risk of injury.
6.3 When hiring the Bike(s) You are acknowledging that cycling carries with it inherent risks including, but not limited to, those posed by road traffic; other cyclists; loose, slippery or uneven terrain; pedestrians; and animals. By continuing with the hire, You acknowledge to Us that You accept all risks associated with cycling and that Our liability will be limited according to Clause 12.
6.4 The vehicle is insured for theft and damage via Laka (10575209) Runway East Borough Market, 20 St Thomas St, London SE1 9RS
6.5 Bikes are supplied with a “gold standard” cycle lock. It is a term of the insurance provided by Laka that this must be used. Failure to do so will invalidate the policy. Should the vehicle be stolen as a result of failure to use the lock you will be liable for the full value of the vehicle.
6.6 You shall give immediate written notice to Us of any damage caused to the Bike whilst it is in Your possession.
6.7 You agree to keep the Bike in a safe and secure environment and Use the Bike in an appropriate manner and to make no alteration to the Bike without Our prior written consent.
6.8 You agree to maintain the Bike on a daily basis as detailed in the ‘maintenance schedule’ provided. Failure to maintain the Bike may result in any future warranty being invalid. Additionally, failure to maintain the Bike may result in additional parts and labour costs outside of the standard service and maintenance contract for the Bike. In that eventuality You will be liable for any additional costs incurred as a result of breach of this condition on an indemnity basis.

7. Hire Period

7.1 The Hire Period is specified in the Contract.

8. Fees and Payment

8.1 The Price for the Bike(s) will be that shown in Our Contract current at the time of Your hire.
8.2 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised.
8.3 The price of the hire will be made by standing order on a monthly basis via Chargebee.
8.4 A Security Deposit of £XX should be paid by credit or debit card when You sign this agreement We will not release any Bike(s) to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any Bike(s) is/are not returned, lost, stolen or damaged in any way that falls outside of the Accidental Damage Waiver.
8.5 All Prices exclude VAT at the prevailing rate.
8.6 Hire payments will be taken on a weekly basis for the period of hire. In the event of failure to make payment please refer to paragraph 11.

9. Cancellation of Advance Bookings

9.1 If You make a booking in advance, You may cancel Your booking at any time before the start of the Hire Period subject to the following:
9.1.1 For Orders cancelled more than 24 hours before the start of the Hire Period, there will be no charge and any sums You have already paid to Us for the booking will be refunded in full.
9.1.2 For Orders cancelled less than 24 hours before the start of the Hire Period, You will be required to pay a cancellation fee as per the contract to cover Our lost opportunity to rent the Bike(s) to other customers (or, if You have already made any payments to Us for the booking, We will retain the fee from such sums).
9.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.

10. Collection, Hire and Return

10.1 You should check the Bike(s) at the time of collection / delivery to ensure it is as described. The signature of the delivery note will constitute acceptance that the goods delivered were as described and in full working order. Any change to the delivery arrangements must be notified in writing 7 working days before the date due for delivery.
10.2 If You discover any damage (pre-existing) or fault with the Bike(s) during the Hire Period, please inform Us as soon as is reasonably possible. We will Use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing You any inconvenience, We will repair the Bike(s). If We are unable to replace or repair the Bike(s), or if You would prefer to reject the damaged or faulty Bike(s), whether before or after a repair or replacement (if the replaced or repaired Bike(s) is still damaged or faulty), We will offer You a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made Using the same payment method originally Used by You unless You specifically request a different method. In the event you are not present at the designated delivery address on the agreed date for delivery and as a result delivery is not possible we will charge a fee of £100.00 for re-delivery.

11. Loss and Damage

11.1 You are responsible for, and will be required to indemnify Us for, any loss or damage.
11.2 In the event that the Bike is returned either in the first period or the second period of hire any charges due under this Clause 10 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the Bike(s) is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.
11.3 Full details of all charges are available on request.
11.4 We reserve the right to deduct from Your Security Deposit monies the cost of any repairs required to the Bike noted at the point of return and before refund of any deposit is made.

12. Termination

12.1 We reserve the right to terminate this Agreement and the immediate return of the Bike should any payment not be made on time by You or You commit a material breach of this Agreement.
12.2 Upon termination We will be entitled to recover possession of the Bike from You together with payment of all sums due from You up to that point together with any costs incurred in doing so from You. We reserve the right to deduct any such sums due from Your Security Deposit.
12.3 In the event of failure to pay two consecutive payments we reserve the right to collect the vehicle and charge you for the full outstanding balance in respect of the hire period.

13. Our Liability

13.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
13.2 In any event, our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.
13.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on Your legal rights and on the remedies, you may be entitled to if something goes wrong, please contact Us.

14. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

15. Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us by telephone on 024 76 350150, or by email at h2o@eskuta.com

16. Complaints and Feedback

16.1 We always welcome feedback from Our customers and, whilst We always Use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, we nevertheless want to hear from You if You have any cause for complaint.
16.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
16.3 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Bike(s), please contact Us in one of the following ways:
16.3.1 In writing, addressed to Eskuta Limited, Unit 5 Bermuda Innovation Centre, St. David’s Way, Bermuda Park, Nuneaton, Warwickshire. CV10 7SD.
16.3.2 By email, addressed to h2o@eskuta.com
16.3.3 By contacting Us by telephone on 024 76 350150.

17. How We Use Your Personal Information (Data Protection)

17.1 All personal information that We may Use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is Used, the legal basis or bases for Using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Us on request.

18. Other Important Terms

18.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written
18.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
18.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18.6 Entirely at Our own discretion, we may offer terms to You at the conclusion of the Hire Period by which You may purchase the Bike from Us. No warranty to do so or assurance is implied into or created by this term.

19. Governing Law and Jurisdiction

19.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 As a consumer / business, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 19.2 above takes away or reduces Your rights as a consumer / business to rely on those provisions.
19.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

20. Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

21. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).