Bike and Buggy Terms and Conditions
Buggy Hire Rules
- Children must not drive buggies at any time
- Children must not sit on driver's lap whilst in motion
- Children must not be in control of the buggy, ie. Control
- All riders must remain seated, hold onto handrails and act
- Do not overload your buggy, no more than 4 adults and 2 children to ride the buggy at any time
- Do not leave children unattended on buggy at any time
- Users should not leave start up codes on buggies at any time
- No towing permitted e.g. prams, skateboards, scooters
- Never operate under the influence of alcohol or drugs
- Drivers must hold a full driving licence
- Respect our National Park Resort by keeping to the roads at all times
- Seatbelts to be worn at all times
- Buggies should be set to neutral when stationary
- Never drive up the lodge pathways
- Buggies should always be turned off/deactivated when unattended
- All persons who use the buggy do so at their own risk
10:30am when departing or 24 hours after collection for day
BLUESTONE BUGGY HIRE RULES
This is an important document and all operators, riders and users of the buggy must comply with such terms and conditions. You must read before signing the Buggy Hire Instruction Report ("Instruction Report").
TERMS AND CONDITIONS:
- OUR CONTRACT WITH YOU
1.1 These terms and conditions and the terms
and conditions contained in the Instruction Report are the terms on which Bluestone Resorts Ltd ("Us" or "We" or "Our") supply the buggy to you. Please ensure that you read the terms carefully before you sign the Instruction Report.
1.2 These terms will become binding on you and Us when We confirm that We are able to provide you with a buggy, at which point a contract will come into existence between you and Us.
- RENTAL PERIOD
2.1 You will have use of the buggy for the period specified in the Instruction Report ("Rental Period").
2.2 If you return the buggy before the end of the Rental Period, then both the Rental Period and this contract will end on the date the buggy is returned. If you decide to return the buggy early you will not be entitled to the return of any prepaid rental charges.
2.3 If you want to extend the Rental Period, you must contact the bike hire centre before the end of the Rental Period. We may agree or reject any request to an extension of the Rental Period at our absolute discretion. In the event that We agree to an extension of the Rental Period, you must pay us the applicable additional rental charge as specified by Us before the end of the original Rental Period.
2.4 If you do not return the buggy to Us at the bike hire centre by the end of the Rental Period (or any agreed extension) or are late returning the buggy, We reserve the right to take possession of the buggy and charge you in accordance with the price list for the duration that the buggy is late. You agree that We can apply any such charge to the credit or debit card presented by you to Us before you entered into this contract.
- YOUR RIGHTS AND RESPONSIBILITIES
3.1 The buggy let out on hire remains the property of Us and you will not sell, hire out, lend or otherwise part with possession of the buggy.
3.2 Subject to the Existing Condition & Damage highlighted in the Instruction Report, you acknowledge and agree that the buggy is in good condition in all respects and you undertake not to misuse it and return it in the same condition as when received (ordinary wear and tear excepted) to the place and on the due date and time specified on the Instruction Report (unless otherwise instructed by Us). We shall be entitled to charge you for all or any damage caused to the buggy during the Rental Period. You agree that We can apply any such damage costs to the credit or debit card presented by you to Us before you entered into this contract.
3.3 In the event of breakdown of the buggy
or defect with the buggy, you agree to immediately inform Us by contacting Us on the telephone numbers specified on the buggy or return the buggy to the bike hire centre. Neither you nor any one else is permitted to work on the buggy without our express consent.
We will use our best endeavours to, at our discretion, either repair or replace the buggy. We are not liable for any damage or loss caused as a result of any such breakdown or defect and shall be under no obligation to provide any refund or otherwise to you.
3.4 Subject to paragraphs 3.2 and 3.3, any loss or damage caused to the buggy during the Rental Period should be reported to Us upon the return of the buggy.
3.5 In the event of the buggy being lost or stolen, We reserves the right to require you to pay the replacement value of the buggy. However, should the buggy subsequently be recovered in a useable condition, We undertake to refund the replacement value of the buggy in full within 14 calendar days.
3.6 You agree that you and any other user of the buggy will:
- Carry out the hire in accordance with the specific safety instructions as provided by Us.
- Keep the buggy in good condition and not damage the buggy (ordinary wear and tear excepted).
- Not allow any one without a driving licence displayed at hire to drive or assist in driving the buggy at any time.
- Operate the buggy responsibly and safely at all times.
- Comply with all speed limit instructions as provided by Us.
- Not to smoke in the buggy.
- Ensure that the buggy is adequately secured by locking keypad when not in use.
- Not use the buggy under the influence of drink or drugs.
- Hold, and have not been disqualified from holding, a full UK Driving Licence (or EU equivalent) to drive the buggy at all times.
3.7 You acknowledge responsibility for the safe supervision of all users and all children in your care and that the buggy is only to be used within the boundaries of the Bluestone resort and with due consideration of other guests and abiding by all road markings/signs and in accordance with Our instructions.
3.8 You are liable for all direct or indirect loss, damage, claim, demand, expenses, injury or otherwise which may be suffered or incurred by Us, any user or another third party and which arises directly or indirectly out of the use of the buggy during the Rental Period. You agree that We can apply any such loss to the credit or debit card presented by you to Us before you entered into this contract in part or in full settlement of any such claim.
- OUR RIGHTS AND RESPONSIBILITIES
4.1 Except in the case of death or personal injury caused by Our negligence or any other liability which cannot be lawfully excluded or limited, We shall in no event be liable to you in contract, tort or otherwise for any claim, damage, liability, injury, loss (including loss of profits or consequential or financial loss) or expense of any kind arising directly or indirectly in connection with the hire or any defect or deficiency in or inadequacy
or unsuitability of the buggy or its use or performance. You waive all and any claims against Us in this respect which you or any other user of the buggy may have.
4.2 Subject to paragraph 4.1 above, in no event will Our aggregate liability for all claims regardless of the form of action and whether based on contract, tort, negligence, strict liability, statutory liability or otherwise exceed the total charges received by Us from you for the hire of the buggy.
4.3 We are not responsible for any property placed in the buggy which is there at your own risk. You must not leave any property in the buggy when you return it to Us (you are responsible for checking the buggy). Any property left in the buggy which remains unclaimed will be handed in to the Bluestone Lost Property Office and will be dealt with according to their procedures (as defined in Our general terms and conditions).
4.4 You will allow Us access to the buggy at all times to inspect the buggy for any reason.
4.5 We reserve the right to exchange the buggy with a suitable replacement buggy at any time for any reason.
5.1 The charges for the rental of the buggy will be set out in our price list in force at the time of hire. You agree to be responsible for and will pay Us such charges at the time of booking. All charges must be paid in advance of the Rental Period. Our charges may change at any time, but price changes will not affect bookings that you have already placed and which We have confirmed.
5.2 At the time of booking, you agree to provide us with your credit or debit card details. You agree that at any time before, during or after the Rental Period, we can use such credit or debit card details for the purposes set out in these terms.
- CANCELLATION BY US
6.1 We may cancel the contract at any time before commencement of the Rental Period. If you have made any payment in advance for the booking, We will refund these amounts to you within 14 calendar days of such cancellation.
6.2 We reserve the right to immediately end the contract and the Rental Period and take possession of the buggy at any time if we become aware or suspect that you, or any other user, have breached the terms and conditions contained here in or the terms of Instruction Report. You will not be entitled to the return of any prepaid rental charges in such circumstances.
- CANCELLATION BY YOU
7.1 You may cancel any buggy booking before the start of the Rental Period by contacting Us. We will confirm your cancellation in writing to you. The booking will only be cancelled once it is confirmed in writing by Us. Where you have paid in advance for the buggy hire, refunds may be granted in the following circumstances and on the following terms at Our discretion:
- If the booking is cancelled 14 calendar days or more before the start of the Rental Period, We will fully refund any prepaid charges paid by you to Us within 14 calendar days of such cancellation.
- If the booking is cancelled 1 to 13 calendar days before the start of the Rental Period, We will refund 75% of the prepaid charges paid by you to Us within 14 calendar days of such cancellation.
- If you do not collect the buggy at the start of the Rental Period or you cancel the booking on the day the Rental Period is due to begin, there is no refund and the full amount of the charges will be kept by Us.
8.1 We can use your identity and other information about you which you give to Us only to help Us to comply with Our duties under the law, to provide the services and handle your payment for them and, to tell you about Our products and services, on condition that We stop as soon as you tell Us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to Us is true and, if it changes, you will tell Us promptly.
8.2 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.3 This contract is between all operators, riders and users of the buggy and Us. No other person shall have any rights to enforce any of its terms.
8.4 If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations.
8.5 The contract is governed by English law. You and We both agree to submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim that arises out of or in connection with the contract.
If you have any further questions or require clarification on some of the terms and conditions on the offer, please contact us.