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Terms and Conditions of Hire

Booking Terms and Conditions 

 

These Terms and Conditions apply to all people booking a hire bike provided by Total Adventure Limited, T/A Total Adventure Bike Hire, and T/A Windermere Canoe Kayak. Completion of a booking acknowledges acceptance of these Terms and Conditions by the participant. 

 

The participant agrees that they will read the full Terms and Conditions in the online activity waiver (also detailed below) received by email, and will complete and sign the online waiver accordingly. No use of our equipment will be possible until the waiver is fully completed. You will also be able to complete this online waiver on our premises should this be necessary. We strongly advise it is done ahead of time.

 

The participant agrees that they will not hire an electric bike to supply to a person under 14 years of age. Should we suspect that this is the case we will ask for proof of age. If none is able to be provided then we will not release the bike to you. In this circumstance no refund will be offered.

 

What to bring on the day

 

- Your photo ID is required so that we will be able to let you take your equipment. Nationally recognised photo ID such as passport or driving licence.

- Sensible clothing and footwear (no flip flops or sandals, closed footwear only).

- Plenty of water (especially in the summer months).

- A lightweight waterproof for any time of year.

- Additional wet weather wear and warm clothing on cold days, especially in the winter months

- Please bring a mobile phone with you in case of an emergency. Our routes can also be downloaded to your smart device through an app in-store!

 

We strongly advise that you look ahead at the weather conditions for your chosen date, so you can be adequately prepared. Check again on the morning of the hire, before leaving to come to us, to make any necessary kit changes.

 

Cancellation Policy

 

In the event of you needing to cancel your activity you are entitled to a full refund provided at least 48 hours notice is given prior to the start of the activity. This notice may be given by email, office@total-adventure.co.uk, or alternatively by phone to a member of staff, you will need to be able to provide us with full details of your booking. If you cancel within 48 hours of the start of the activity we are unable to provide you with a refund. Where possible we will seek to give you the opportunity to reschedule, but this is subject to availability. We will only reschedule your booking once at your request.

 

In the unlikely event of Total Adventure Bike Hire needing to cancel your activity, you will be entitled to a full refund, we will also offer you the opportunity to reschedule, subject to availability. Cycling is an activity suited to all seasons, and almost all weather conditions, hence it is unlikely that we will ever cancel your booking.

 

 

Hire Terms and Conditions

 

Company details and information

Total Adventure Ltd T/A Total Adventure Bike Hire, 9 Church Street, Windermere, Cumbria, LA23 1AQ, also as Windermere Canoe Kayak, Ferry Nab, Bowness-on-Windermere, Cumbria LA23 3JH,  herein referred to as 'TA', 'We', 'Our', or ;Us'.

 

Activity Booking Terms and Conditions

 

Bike hire available at any TA hire location may carry inherent risks. You should be aware and accept these risks and be responsible for your own actions and involvement. In addition to the terms and conditions below, you must complete and sign a waiver, including any relevant medical details before you use TA equipment. If you are unsure whether you are able to participate in any activity, or have any questions concerning these terms and conditions, please ask a member of staff before you enter a contract with us.

 

1. Booking and Payment

1.1 Your use of TA Facilities whilst participating in any scheduled TA activity is subject to these terms and conditions. The completed and signed hire waiver, including relevant medical details, along with these terms and conditions, constitute the entire agreement between you (participant) and us.

1.2 In the event you are booking an activity as a part of a group, you as an individual agree to ensure that each group member has read and agrees to comply with these terms and conditions,

1.3 Payment can be made using a debit or credit card in store (if you have not pre-booked) or online with a booking. Cash is accepted in store. Cheques can be used for pro forma payments, or invoice payments, and must be made payable to Total Adventure LTD.

 

2.Cancellations by us

2.1 Every attempt will be made to ensure that TA activities run as scheduled. However we reserve the right to close TA, or stop hire, at any time without notice due to unsuitable conditions, forecasts, and prevailing weather conditions, to ensure the scheduled activity has the required minimum number of participants, or due to any other factors beyond our control, or if we feel that there are any unmanageable risks.

2.2 In the event that TA is closed then pursuant to this clause we may, at our sole discretion, offer you another session or part session without further charge, or offer you a reasonable refund.

2.3 TA may, at its sole discretion, cancel any bookings that have not been confirmed (ie paid in full) prior to the activity.

2.4 If you have already commenced your activity when it is cancelled or closed then, pursuant to clause 2.1, we will take any time you have spent with TA into account, when deciding how best to reasonably compensate you.

2.5 TA shall not be liable for any failure to observe, or delay complying with, any of the activity arrangements, due to any cause out of their control, this may include, but not limited to, environmental disasters, acts of war or terrorism, and major equipment failure.

2.6 We will not accept liability for any other costs, howsoever incurred, by you, or any other individuals or third parties.

2.7 If we have to cancel due to bad weather then you will be offered a chance to re-book a new activity slot at no extra cost, you may request a full refund at this stage only.

2.8 If we have to cancel due to any other causes you will be informed 2 days in advance of your activity session. You will be offered an alternative session without further charge.

 

3. Cancellation by you

3.1 The customer has the right to cancel any sessions by giving TA notice in writing via email, or by telephone conversation with a member of management.

3.2 Payment for the cancelled session will remain as follows: 100% of the total booking fee owed if cancelled 48 hours prior to the activity.

3.3 This agreement may be terminated immediately by notice given by TA;

3.3.1 If at any time payment due under the agreement is unpaid 28 days after becoming due, or if the customer has breached any terms and conditions of this agreement.

 

4. Liability

4.1 We will not limit our liability to you for any personal injury (including death) which you may suffer as a result of our negligence. Our liability to compensate you for any loss or property damage is limited to a reasonable amount having regards to such factors as to whether or not the damage was due to a negligent fact or omission by us.

4.2 We will compensate you for any loss or damage you may suffer if we fail to carry out our duties imposed on us by law (including if we cause death or personal injury to you by our negligence), unless that party are unconnected with our provision of services under this agreement.

 

5. Equipment, Instruction and Supervision

5.1 If you choose to use your own equipment, such as a helmet, on your session, it is your responsibility to ensure it is of satisfactory quality, and fit for the purpose of the chosen activity.

5.2 If we consider your equipment to be unsuitable for the session then we will require customers to use our chosen equipment. It is possible that this may be at additional cost.

 

6. Data Protection/Privacy

6.1 The information you have supplied will be treated in accordance with the provisions of the Data Protection Act 1998.

6.2 We may occasionally take photos of participants for publicity purposes, including our website, and in submitting your booking you are indicating your consent to this, unless you tell us otherwise either in writing (letter or email) or in person.

 

7. Adherence to Rules

7.1 You must comply at all times fully and promptly with the TA rules and regulations, and all other safety regulations and instructions issued by us and our instructors.

7.2 You must not do anything (or omit to do anything) which may cause damage or loss to our property or facilities, to other participants, or cause nuisance, annoyance, disturbance, inconvenience, or injury to any other persons on the premises.

7.3 We reserve the right to terminate the stay/use of facilities by any person/s whom we reasonable consider being in breach of clause 7.1 and/or 7.2 above, and said persons may be required to leave TA immediately. No refunds will be made in this event, and we will not accept liability for any expenses, claims, losses or costs incurred as a result of such termination.

7.4 Our staff endeavour to provide the best service possible, and this is appreciated by the majority of our customers. They have the right to work in a safe environment. Anyone who verbally or physically abuses a member of staff may be excluded from TA facilities and can expect to be dealt with by the Police and prosecuted where appropriate. Thank you for your cooperation.

 

8. General

8.1 Any persons who are thought to be under the influence of drink and /or drugs (at the sole discretion of TA staff) will not be permitted to use TA facilities and equipment, or partake in activities. No refund will be given.

8.2 If you wish to send us any notice or letters then you should send it to the address and for the attentions of the relevant person you wish to contact. If you are unsure as to whom to send any correspondence, then please send it to Total Adventure Bike Hire, 9 Church Street, Windermere, Cumbria, LA23 1AQ, or to office@total-adventure.co.uk

8.3 This agreement is governed and construed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and wales.

8.4 We must be notified of lost property within 2 weeks, as any items found are disposed of after this period.

 

9. Damage

9.1 Any damage caused by the customer to the facility building, fixtures, hire equipment, or any other property of TA, shall be paid for by the customer, and the amount of such damage shall be assessed by TA, whose assessment shall be binding.

 

Full Activity Waiver

 

  • I (the undersigned) wish to hire a bicycle for the purpose of cycling from Total Adventure/Windermere Canoe Kayak.
  • I am 18 years old or over.
  • I agree to wear the safety helmet provided (or my own helmet) at all times when cycling.
  • I understand that cycling, and specifically mountain biking, is a physically challenging activity and accept there is a risk of serious injury or even death while undertaking this activity.
  • I declare that to the best of my knowledge I am not pregnant, nor do I have any medical conditions which would make taking part in this activity unwise.
  • I acknowledge that I am responsible for my own safety (and the safety of my possessions) while undertaking this activity, and have agreed to undertake this activity without a guide.
  • I agree that I am liable for any costs incurred by the company in respect to any damage caused to the equipment hired by myself however caused, and also agree to pay for any future losses the company incur due to the equipment being defected.
  • In the unlikely event of an accident, loss or damage to my personal effects, I acknowledge that the company will not be liable for any direct or indirect loss, damage or injury arising from or in connection with this activity (except for death or personal injury caused by the company’s negligence) and waive all and any claims against the company in this respect.
  • I will not start my ride until I am satisfied that I, having received the safety and operation briefing, feel confident in the operation of the hire equipment. If I am still unsure about the operation of the gears, brakes, or any other aspect of the bicycle or hire equipment, I will seek the advice of a member of staff.
  • I acknowledge that it is my responsibility to read the full terms and conditions of hire on the Total Adventure website, as well as any external information displayed by Total Adventure reference cycle operation, safety on the roads and trails, route information, guidance on what to do in the event of an emergency or breakdown, getting lost or being late back. I understand that additional charges may arise from having to receive offsite assistance during the day from staff, or if returning the equipment after the agreed time, or to an alternative Total Adventure location.

 

RIDING WITHOUT A HELMET, OR THE MISUSE OF ANY HIRE EQUIPMENT WILL RESULT IN CONFISCATION WITHOUT COMPENSATION.

 

 

Disclaimer in relation to child participants (under 18yrs old)

  • I acknowledge that I have signed this disclaimer as a Parent, or Guardian, of the child(ren) listed below (all under 18 years old) who wish to go cycling from Total Adventure on the same date.
  • I declare that if I am not the parent or guardian of the child(ren) I have authority from the child(ren)’s parent or guardian to sign this form of acknowledgement.
  • I agree to ensure that the child(ren) in my care will wear the safety helmet provided (or their own helmet) at all times when cycling.
  • I will not allow a person in my group, under 14 years of age, to use an electric bicycle hired from Total Adventure/Windermere Canoe Kayak
  • I have considered that an electric bike is a powerful piece of equipment, and that I consider it suitable for use by the 14-17 year olds I am responsible for that will be using them.
  • I agree that I am liable for any costs incurred by the company in respect of any damage to the equipment hired by myself and on behalf of the child(ren) in my care how so ever caused.
  • I understand that cycling, and specifically mountain biking, is a physically challenging activity, and I accept that there is a risk of serious injury or even death when undertaking this activity both to myself and the child(ren) in my care.
  • I acknowledge that I am responsible for my own safety and the safety of the child(ren) named below (and the safety of our possessions) whilst undertaking this activity, and have agreed to undertake this activity without a guide.
  • In the unlikely event of an accident, involving me or the child(ren) listed below, or loss or damage to my or his/her/their personal effects, I acknowledge that the company will not be liable for any direct or indirect loss, damage or injury arising from or in connection with this activity (except for death or personal injury caused by the company’s negligence) and waive all and any claims against the company in this respect in relation to myself and the child(ren) in my care.
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