1. INTRODUCTION

1.1 Bikes and Equipment can only be used on completion registration with Green Cycles and the signing of the Green Cycles indemnity, hereby the completion of both referred to as the “Bike User Agreement”. The signatory of each Bike User Agreement is designated as the ‘User’. A booking is made by the User by submitting a completed Bike User Agreement to Green Cycles. Upon acceptance by Green Cycles of a completed Bike User Agreement, a binding contract is formed between the User and Green Cycles on the terms and conditions set out below. 

1.2 Green Cycles reserves the right not to accept a booking made by a completed Bike User Agreement. All Bookings are subject to availability. When a Bike User Agreement is made by one person on behalf of others, the person making the booking must have the authority to make a booking on behalf of others and must accept responsibility for ensuring everyone complies with the terms and conditions below. 

 

2. USEAGE PERIODS

2.1 Valid photo ID (e.g. South African ID or driving license), proof of address and a debit or credit card will be requested as security against theft or damage to the bikes, accessories and other equipment prior to commencement of hire. 

 

3. RESPONSIBILITIES OF THE USER

3.1 The User is responsible for ensuring that you are physically fit enough to undertake cycling using the Green Cycles electric bike(s) you have booked. Green Cycles does not accept any responsibility for your failure to complete your use period due to lack of fitness, illness or injury. Green Cycles does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Green Cycles accept any responsibility for delays or changes to your period of use due to weather, strikes, war, terrorism or other causes.

3.2 The User accepts that cycling on a public highway, cycle route, thoroughfare or track carries its own risks and you have made your booking on the basis that you undertake use at your own risk. You understand and accept that Green Cycles strongly advises the wearing of cycle helmets at all times during use and provide a helmet with each electric bike used. Helmet wear is compulsory for those Users less than 16 years of age. 

3.3 The User must ride responsibly at all times with due caution to the prevailing road conditions and respecting others road users and pedestrians. Cyclists are expected to follow the Road Traffic Act, 93 of 1996. Anyone User found cycling in a discourteous or unsafe manner while in possession of Green Cycles hire equipment will have their bikes repossessed with no refund of fees paid to Green Cycles. 

3.4 E- bikes must only be used on surfaced roads. Riding the bikes on unpaved bridleways, on the beach or in the sea is strictly prohibited and any Users found to have done so may be liable for a full replacement bike charge. 

3.5 The User will not hold Green Cycles responsible for any loss, damage or injury including death to persons or property with regard to use of the electric bike(s) and equipment hired. You accept responsibility to indemnify Green Cycles against any claim, interest, demand or expense in respect of any such injury or damage. 

3.6 The User will ensure that he/she has suitable personal insurance cover at all times during the period of use of the bike.

3.7 It is the User’s responsibility to ensure all electric bikes, accessories and equipment hired are not damaged, loss or stolen. Bikes must be used in a proper manner and not subject to any misuse or unfair wear and tear. Each bike is supplied with a gold standard lock which must be used to secure the bike to a permanent fixture every time a bike is left unattended. It is important that the lock is secured through the bike frame and that the bike cannot be lifted over or off the fixture. Theft of an unlocked electric bike will be the responsibility of the User and will be subject to a charge to cover the full replacement cost of the electric bike and any accessories.

3.8 The User will notify Green Cycles immediately of any loss, damage or theft to the hired bikes, equipment and accessories identified in the Bicycle Hire Agreement however caused. Accepting normal wear and tear, Green Cycles reserves the right to recover from the User the costs of reparation of any such loss, damage or theft to the hired bikes, equipment and accessories.

3.9 The User will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired electric bike(s), accessories or equipment. These remain the property of Green Cycles and the User is not permitted to sell, hire out or otherwise part with this equipment.

 

4. GREEN CYCLES’ LIABILITY TO THE USER

By using the equipment and bicycles of Green Cycles, you accept the following terms of use: 

4.1 The activity of bicycle riding are potentially dangerous; 

4.2 No underaged child is allowed to use the facilities, without parental supervision;

4.3 Parents and users of the facilities are solely responsible for determining if they or their minor children are physically fit and/or sufficiently skilled in the use of the bicycles; 

4.4 The use of the bicyles could lead to severe physical injury;

4.5 Anyone using the bicycles does so voluntarily, knowingly and freely assuming all risks associated with such use; 

4.6 You agree to indemnify Green Cycles, its directors; employees, contractors and agents, against any and all claims which might arise from using the bicycles and under no circumstances will they be responsible for any claim for any cause whatsoever, as a result of such use nor can they be held responsible for any personal items or property that is lost, damaged or stolen;

4.7 Green Cycles shall have no liability to the user if we are unable to fulfill a booking due to an event of Force Majeure.

4.8 Except where expressly permitted under the Protection of Personal Information Act, 4 of 2013, we will only use the user’s personal details in connection with their booking arrangements, unless the user agrees otherwise. 

 

5. GENERAL

5.1 These terms and conditions constitute the entire agreement between us, and supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

5.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.

5.3 No failure or delay by either of us in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either of us of any breach of these terms and conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

5.4 If any provision of these terms and conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

5.5 Except where otherwise expressly provided herein, nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Consumer Protection Act, 68 of 2008. 

5.6 These terms and conditions shall be governed by law of the Republic of South Africa, and both of us hereby agree to submit to the exclusive jurisdiction of the South African courts.

5.7 By hiring any equipment from us, you automatically accept our terms and conditions and confirm that you have read and understand these terms and consider them binding on you.

 

6. ACKNOWLEDGEMENT

6.1 I certify that I am physically sufficiently fit and have no medical condition that would make cycling a risk or danger to myself.

6.2 I understand, agree and accept that there is a certain degree of risk and danger associated with cycling and that I am competent to ride a bicycle.

6.3 I agree not to consume alcohol prior cycling or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in cycling.

6.4 I agree that Green Cycles is not responsible for any personal items or property that is lost, damaged or stolen during a cycling activity.

6.5 I agree that Green Cycles reserve the right to cancel the agreement in the event of extreme weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in Green Cycle’s discretion. In the event of such cancellation, there will be no refund of Green Cycles fees.

6.6 I represent and warrant to Green Cycles that I have full legal authority to complete this event registration on behalf of myself and/or any person I am registering (Registrant(s)), including full authority to make use of the credit or debit card to which registration fees will be charged. If I am registering a minor under the age of 18, I represent and warrant that I am the parent or legal guardian of that person and have the legal authority to enter into this Agreement on their behalf and by proceeding with this registration, I agree that the terms of this Agreement shall apply equally to all Registrants.

6.7 Use of online registration is at my own risk, on an as is and as available basis and Green Cycles make no warranty that its site or services will be uninterrupted, secure or error free. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of online registration, is at my own discretion and risk.

6.8 I agree that my personal data may be shared who may communicate with me via email communication.