Dirtebikers 2022 Terms and Conditions
The hired electric motorised bikes are the property of Dirtebikers.
ELECTRIC MOTORISED BIKE DESCRIPTION
Dirtebikers will rent to the hirer and use on the tours an UBCO electric motorised bike.
PERSONS WHO MAY DRIVE THE ELECTRIC MOTORISED BIKE DESCRIPTION
The electric motorised bike may be driven during the period of hire only by the persons named in this agreement and over the age of 14.
It is at the discretion of Dirtebikers to refuse use of the bikes, if they feel the person is not safe to operate the bikes and to ride on public roads.
INSURANCE
Subject to the exclusions set out below, the hirer is indemnified in respect of
liability he or she might have to Dirtebikers
in respect of the loss or damage to the electric motorised bike, its accessories, spare parts and consequential loss of revenue
or other expenses of
Dirtebikers, including
recovery
costs of the electric motorised bike and its spare parts.
REQUIREMENT
When hiring an electric motorised bike, ID in the form of a passport or driving licence will be required and a copy will be taken and Dirtebikers require a security deposit per electric motorised bike for security over the electric motorised bike being hired and will be returned upon return of the electric motorised bike in the same manner it was provided if there is no damage to the electric motorised bike or equipment provided.
Use of the electric motorised bike on any beach, golf course or other areas specified at the time of hire will result in loss of security.
All medical conditions must be disclosed to Dirtebikers upon making a booking.
If upon arrival to rent an electric motorised bike or take a tour, and you are under the influence of alcohol, your tour or rental will be cancelled and non refundable.
The electric motorised bike and other equipment supplied by Dirtebikers will be returned in the condition they were received.
Helmets must be worn and fastened at all times when driving the electric motorised bike. Knee guards and gloves will be offered.
INSURANCE
EXCLUSIONS
/USE OF THE ELECTRIC MOTORISED BIKE
The hirer shall not operate the electric motorised bike
or permit the electric motorised bike to be operated
as described below.
The client agrees to use the electric motorised bike avoid situations where they may be damaged, or cause damage to property and injury to persons.
When not in use or being watched, the electric motorised bike/bikes must be turned off, key removed and secured with the lock that has been provided free of charge with the hire.
The protection against theft is the client’s responsibility.
The indemnities referred to under Insurance shall not apply, and the hirer will be liable for unlimited excess for any damage, injury or loss caused arising from:
- Using or permitting the electric motorised bike to be used for the carriage of passengers.
- Subletting or hiring the electric motorised bike to another person, or permitting the electric motorised bike to be used by any other persons not included in this agreement
- Driving on the incorrect side of the road.
- Driving across white solid lines is not allowed and incurs a fine.
- Driving or attempting to drive under the influence of alcohol or drugs.
- Operating the electric motorised bike while it is in an unsafe or unroadworthy condition which has arisen during the course of the hire and that causes or contributes to the damage or loss, and the hirer or driver is aware or ought to be aware of the unsafe or unroadworthy condition of the electric motorised bike.
- Operating the electric motorised bike in any race, speed test, rally, contest, or using it to propel or tow any other vehicle.
- It is illegal to ride the electric motorised bike on a beach, pavement, boardwalks, golf course, private land or any other area advised by Dirtebikers.
- Wilfully or recklessly damaging or causing the complete loss of the electric motorised bike through wilful damage or reckless behaviour.
- Not to be used by a person who is not road competent i.e not driven on a road, ridden a bicycle on the road, does not know the highway code. Is unaware of the dangers of riding on the road.
- Being charged with an offence as a result of an accident.
- When operating the electric motorised bike outside the term of the hire or anyagreed extension of that term.
DIRTEBIKERS’ OBLIGATION
Dirtebikers shall supply the electric motorised bike in a safe and roadworthy condition.
Dirtebikers shall be responsible for all routine maintenance costs and costs of running the electric motorised bike during the term of hire.
Dirtebikers will provide a full brief on how the electric motorised bikes work and safety measures while riding the electric motorised bike.
MECHANICAL REPAIRS AND ACCIDENTS
If the electric motorised bike is damaged or requires repairs or salvage whether because of an accident or breakdown, the hirer shall advise Dirtebikers of the full circumstances by telephone immediately.
Dirtebikers shall be permitted to have 24 hours in which to repair or replace the electric motorised bike. If unable to do so, the owner will provide a refund for the days affected (unless damage was caused while operating as described under ‘Use of the electric motorised bike’)
The hirer shall not arrange or undertake any repairs or salvage without authority of the owner except to the extent that repairs are necessary to prevent further damage to the electric motorised bike or other property.
The hirer shall ensure that no person shall interfere with the distance recorder or speedometer, braking or suspension systems of the electric motorised bike except in an emergency.
RETURN OF THE ELECTRIC MOTORISED BIKE
The hirer, at or before the expiry of the term of hire, shall deliver the electric motorised bike to Dirtebikers at the address detailed in the agreement or obtain the consent of the owner to the continuation of the hire.
Should the hirer return the electric motorised bike earlier than stated on the agreement no refund will be given.
Should the hirer want to return the electric motorised bike later than stated on the agreement then a daily charge will apply.
All electric motorised bike are delivered in perfect condition and should be verified by the client on collection noting any irregularity on this form. Any damage to the electric motorised bike should be notified on return.
IMMEDIATE RETURN OF THE ELECTRIC MOTORISED BIKE
Dirtebikers has the right to terminate the hiring and take immediate possession of the electric motorised bike if the hirer fails to comply with any terms of this agreement, or if the electric motorised bike is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.
TRAFFIC OFFENCES
The hirer is advised that in the event that the driver is charged with an offence as a result of an accident, then the hirer’s liability becomes unlimited.
Dirtebikers
may also charge an administration fee of 30 EURO in addition to the
traffic offence charge.
The hirer is advised that should Dirtebikers
invoice
them
for an
infringement fee, the hirer has the right to:
a.
receive a copy of the infringement notice and any other reminder notice
as
soon as practicable after it is received by Dirtebikers
b.
challenge, query or object to the alleged offence to the
issuing enforcement authority;
c.
seek a court hearing (within 56 days from the date of issue of the
infringement notice or 28 days for the date of issue of the reminder notice).
Claims
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Portugal and all claims will only be heard in the Court of Loulé.
PAYMENT/
REFUND POLICY–
A booking will incur a 40% deposit, with the remainder to be payable on the day of the tour/rental.
A full refund will be given if a confirmed cancellation is made 14 days before the date of hire. If cancelled after this time, your deposit will not be refunded.
A booking can be changed to another date free of charge only if Dirtebikers is notified 14 days before original tour/rental is booked, subject to dates and times being available.