“Bicycle Owner” shall mean I Cycle Holland, its successors
and assigns or any agent or other person acting on behalf of and with
the authority of I Cycle Holland.
“Bike Hirer” shall mean the Bike Hirer or any person acting
on behalf of and with the authority of the Bike Hirer.
“Equipment” shall mean Bikes and/or any other Equipment
supplied on hire by the Bicycle Owner to the Bike Hirer (and where
the context so permits shall include any supply of services) and is
as described on the invoices, quotation, authority to hire, or any
other work authorisation forms as provided by the Bicycle Owner to
the Bike Hirer.
“Minimum Hire Period” shall mean the Minimum Hire Period
as described on the invoices, quotation, authority to hire, or any
other forms as provided by the Bicycle Owner to the Bike Hirer.
“Rental Price” shall mean the cost of the hire of the
Equipment as agreed between the Bicycle Owner and the Bike Hirer subject
to clause 3 of this contract.
Any instructions received by the Bicycle Owner from the Bike Hirer
for the hire of Equipment and/or the Bike Hirer’s acceptance
of Equipment supplied on hire by the Bicycle Owner shall constitute
acceptance of the terms and conditions contained herein.
Where more than one Bike Hirer has entered into this agreement, the
Bike Hirers shall be jointly and severally liable for all payments
of the Rental Price.
Upon acceptance of these terms and conditions by the Bike Hirer the
terms and conditions are irrevocable and can only be amended with
the written consent of the Bicycle Owner.
The Bike Hirer undertakes to give the Bicycle Owner at least fourteen
(14) days notice of any change in the Bike Hirer’s name, address
and/or any other change in the Bike Hirer’s details.
3- Rental Price And Payment
At the Bicycle Owner’s sole discretion the Rental Price shall
- as indicated on invoices provided by the Bicycle Owner to the Bike
Hirer in respect of Equipment supplied on hire; or
- the Bicycle Owner’s current Rental Price, at the date of delivery
of the Equipment, according to the Bicycle Owner’s current Rental
Price list; or
- the Bicycle Owner’s quoted Rental Price (subject to clause
3.2) which shall be binding upon the Bicycle Owner provided that the
Bike Hirer shall accept in writing the Bicycle Owner’s quotation
within seven (7) days.
The Bicycle Owner reserves the right to change the Rental Price in
the event of a variation to the Bicycle Owner’s quotation.
At the Bicycle Owner’s sole discretion a non refundable deposit
may be required.
At the Bicycle Owner’s sole discretion a bond may be required
which shall by refunded upon return of the Equipment in a condition
acceptable to the Bicycle Owner.
Time for payment for the Equipment shall be of the essence and will
be stated on the invoice or any other forms. If no time is stated
then payment shall be due thirty (30) days following the date of the
At the Bicycle Owner’s sole discretion:
- payment shall be due on delivery of the Equipment; or
- payment shall be due before delivery of the Equipment.
The date upon which the Bike Hirer advises of termination shall in
all cases be treated as a full day’s hire.
The Bicycle Owner reserves the right to charge the Bike Hirer two
hundred euros (€200) to cover costs associated with cleaning
and maintaining the Equipment where the Equipment has been used on
beach sand or in salt water.
Where the Equipment will be used “off-road” the Bicycle
Owner shall charge the Bike Hirer a surcharge of fifty percent (50%).
Payment will be made by bank deposit, or by money transfer, or by
credit card (plus a surcharge of up to five percent (5%) of the Rental
Price), or by cash, or by any other method as agreed to between the
Bike Hirer and the Bicycle Owner.
BTW (VAT) and other taxes and duties that may be applicable shall
be added to the Rental Price except when they are expressly included
in the Rental Price.
4- Hire Period
The Bicycle Owner agrees with the Bike Hirer to deliver and/or collect
the Equipment, hire charges shall commence from the time the Equipment
leaves the Bicycle Owner’s or agent’s premises and continue
until the Bike Hirer notifies the Bicycle Owner or agent that the
Equipment is available for collection, and/or until the expiry of
the Minimum Hire Period, whichever last occurs.
No allowance whatever can be made for time during which the Equipment
is not in use for any reason, unless the Bicycle Owner confirms special
prior arrangements in writing. In the event of Equipment breakdown
provided the Bike Hirer notifies the Bicycle Owner immediately, hiring
charges will not be payable during the time the Equipment is not working,
unless the condition is due to negligence or misuse on the part of
or attributable to the Bike Hirer.
5- Delivery Of Equipment
The Bike Hirer takes possession of the Equipment at the Bike Hirer’s
Delivery of the rental equipment can, on the Bike Hirer’s request,
take place on the evening before the first rental day. This service
is free of charge and the decision to meet with this request will
be made by the Bicycle Owner exclusively.
The Bike Hirer shall make all arrangements necessary to take delivery
of the Equipment whenever it is tendered for delivery. In the event
that the Bike Hirer is unable to take delivery of the Equipment as
arranged then the Bicycle Owner shall be entitled to charge a reasonable
fee for redelivery.
Delivery of the Equipment to a third party nominated by the Bike Hirer
is deemed to be delivery to the Bike Hirer for the purposes of this
The Bike Hirer shall be responsible for free access by the Bicycle
Owner to the site on which the Equipment is located. If there are
any delays due to free access not being available then the Bike Hirer
shall be responsible and shall reimburse the Bicycle Owner for all
lost hire fees associated with the Equipment being unavailable. The
Bike Hirer shall also be responsible for all other expenses and costs
incurred by the Bicycle Owner due to delays in access to the Equipment.
The off-hire receipt will be issued when the Equipment is picked up
by the Bicycle Owner or returned to the Bicycle Owner’s premises
The failure of the Bicycle Owner to deliver shall not entitle either
party to treat this contract as repudiated.
The Bicycle Owner shall not be liable for any loss or damage whatever
due to failure by the Bicycle Owner to deliver the Equipment (or any
of them) promptly or at all.
Cycling is considered a dangerous recreational activity therefore
the Bicycle Owner shall not accept any responsibility for any damages
(howsoever arising) that occur during the hire period.
The Bicycle Owner retains property in the Equipment nonetheless all
risk for the Equipment passes to the Bike Hirer on delivery.
The Bike Hirer accepts full responsibility for the safekeeping of
the Equipment and indemnifies the Bicycle Owner for all loss theft
or damage to the Equipment howsoever caused and without limiting the
generality of the foregoing whether or not such loss theft or damage
is attributable to any negligence failure or omission of the Bike
Hirer. The Bike Hirer accepts full responsibility for and shall keep
the Bicycle Owner indemnified against all liability in respect of
all actions, proceedings, claims, damages, costs and expenses in respect
of any injury to persons or damage to property arising out of the
use of the Equipment during the hire period however arising and whether
or not arising from any negligence, failure or omission of the Bike
Hirer or any other persons.
The Equipment is and will at all time remain the absolute property
of the Bicycle Owner.
If the Bike Hirer fails to return the Equipment to the Bicycle Owner
then the Bicycle Owner or the Bicycle Owner’s agent may enter
upon and into land and premises owned, occupied or used by the Bike
Hirer, or any premises where the Equipment is situated as the invitee
of the Bike Hirer and take possession of the Equipment, without being
responsible for any damage thereby caused.
The Bike Hirer is not authorised to pledge the Bicycle Owner’s
credit for repairs to the Equipment or to create a lien over the Equipment
in respect of any repairs.
The Bike Hirer shall inspect the Equipment on delivery and shall immediately
notify the Bicycle Owner of any alleged defect, shortage in quantity,
damage or failure to comply with the description or quote. The Bike
Hirer shall afford the Bicycle Owner an opportunity to inspect the
Equipment within a reasonable time following delivery if the Bike
Hirer believes the Equipment is defective in any way. If the Bike
Hirer shall fail to comply with these provisions the Equipment shall
be presumed to be free from any defect or damage. For defective Equipment
the Bicycle Owner’s liability is limited to, at the consumer’s
discretion either a refund of the hire Rental Price of the Equipment,
or repair of the Equipment, or replacement of the Equipment.
No Warranty is provided by the Bicycle Owner in respect of the condition
of the Equipment or its fitness for any particular purpose. The Bike
Hirer shall indemnify and hold harmless the Bicycle Owner in respect
of all claims arising out of use of the Equipment.
While every effort has been made to ensure the accuracy of the provided
maps and routes, I Cycle Holland cannot accept any responsibility
for any loss or damage caused as a result of their use. The provided
routes and maps were created with the most recently available OFM
bike map data, however there may be discrepancies between what is
shown on the map and actual conditions. I Cycle Holland assumes no
responsibility for the accuracy of the information provided.
10- Bike Hirer’s Disclaimer
The Bike Hirer hereby disclaims any right to rescind, or cancel the
contract or to sue for damages or to claim restitution arising out
of any misrepresentation made to the Bike Hirer by the Bicycle Owner
and the Bike Hirer acknowledges that the Equipment is hired relying
solely upon the Bike Hirer’s skill and judgment.
11- Bike Hirer’s Responsibilities
The Bike Hirer shall:
follow all instructions from the Bicycle Owner’s tour guides
(where applicable), ride within all sensible limits and keep a safe
gap between themselves and other riders at all times. In the event
the Bike Hirer fails to comply with this clause then they agree that
they do so at their own risk and responsibility;
notify the Bicycle Owner immediately by telephone of the full circumstances
of any mechanical breakdown or accident. The Bike Hirer is not absolved
from the requirements to safeguard the Equipment by giving such notification;
satisfy itself at Commencement that the Equipment is suitable for
operate the Equipment safely, only for its intended use, and strictly
in accordance with the road code or any other applicable laws, and
using all relevant safety gear, and in accordance with any instructions
whether advised by the Bicycle Owner or supplied with the Equipment.
Bike helmets are recommended and Holland approved lights at night
comply with all occupational health and safety laws relating to the
Equipment and its operation;
on termination of the hire, the Bike Hirer shall deliver the Equipment
complete with all parts and accessories clean and in good order as
delivered, fair wear and tear accepted, to the Bicycle Owner;
keep the Equipment in their own possession and control and shall not
assign the benefit of the hire contract nor be entitled to lien over
the Equipment ;
not alter or make any additions to the Equipment including but without
limitation altering, make any additions to, defacing or erasing any
identifying mark, plate or number on or in the Equipment or in any
other manner interfere with the Equipment; comply with all permit
requirements related to use of the Equipment in National and Regional
immediately on request by the Bicycle Owner the Bike Hirer will pay:
- the new list Rental Price of any Equipment that is for whatever
reason destroyed, written off or not returned to Bicycle Owner;
- all costs of repairing any damage caused by the ordinary use of
the Equipment up to an amount equal to 10% of the new list Rental
Price of the Equipment;
- the cost of repairing any damage to the Equipment caused by the
negligence of the Bike Hirer or the Bike Hirer’s agent;
- the cost of repairing any damage to the Equipment caused by vandalism,
or (in the Bicycle Owner’s reasonable opinion) in any way whatsoever
other than by the ordinary use of the Equipment by the Bike Hirer.
All cancellations must be received in writing via confirmed email.
Cancellation fees for all bike rentals and associated services:
- canceled longer than 72 hours before the start of the hire period:
10% rental/service fee with a minimum of € 50,00
- canceled within 72 hours before the start of hire period: 100% rental/service
The Bicycle Owner may cancel these terms and conditions or cancel
delivery of Equipment at any time before the Equipment is delivered
by giving written notice. On giving such notice the Bicycle Owner
shall repay to the Bike Hirer any sums paid in respect of the Rental
Price. The Bicycle Owner shall not be liable for any loss or damage
whatever arising from such cancellation.
13- Security And Charge
Despite anything to the contrary contained herein or any other rights
which the Bicycle Owner may have howsoever:
where the Bike Hirer and/or the Guarantor (if any) is the Bicycle
Owner of land, realty or any other asset capable of being charged,
both the Bike Hirer and/or the Guarantor agree to mortgage and/or
charge all of their joint and/or several interest in the said land,
realty or any other asset to the Bicycle Owner or the Bicycle Owner’s
nominee to secure all amounts and other monetary obligations payable
under the terms and conditions. The Bike Hirer and/or the Guarantor
acknowledge and agree that the Bicycle Owner (or the Bicycle Owner’s
nominee) shall be entitled to lodge where appropriate a caveat, which
caveat shall be released once all payments and other monetary obligations
payable hereunder have been met;
should the Bicycle Owner elect to proceed in any manner in accordance
with this clause and/or its sub-clauses, the Bike Hirer and/or Guarantor
shall indemnify the Bicycle Owner from and against all the Bicycle
Owner’s costs and disbursements including legal costs on a solicitor
and own client basis;
the Bike Hirer and/or the Guarantor (if any) agree to irrevocably
nominate constitute and appoint the Bicycle Owner or the Bicycle Owner’s
nominee as the Bike Hirer’s and/or Guarantor’s true and
lawful attorney to perform all necessary acts to give effect to the
provisions of this clause 13.1.
If any provision of these terms and conditions shall be invalid, void,
illegal or unenforceable the validity, existence, legality and enforceability
of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall
be governed by the laws of The Netherlands and are subject to the
jurisdiction of the courts of The Netherlands.
The Bicycle Owner shall be under no liability whatever to the Bike
Hirer for any indirect loss and/or expense (including loss of profit)
suffered by the Bike Hirer arising out of a breach by the Bicycle
Owner of these terms and conditions.
In the event of any breach of this contract by the Bicycle Owner the
remedies of the Bike Hirer shall be limited to damages. Under no circumstances
shall the liability of the Bicycle Owner exceed the Rental Price.
The Bike Hirer shall not be entitled to set off against or deduct
from the Rental Price any sums owed or claimed to be owed to the Bike
Hirer by the Bicycle Owner.
The Bicycle Owner may license or sub-contract all or any part of its
rights and obligations without the Bike Hirer’s consent.
The Bicycle Owner reserves the right to review these terms and conditions
at any time. If, following any such review, there is to be any change
to these terms and conditions, then that change will take effect from
the date on which the Bicycle Owner notifies the Bike Hirer of such
Neither party shall be liable for any default due to any act of God,
war, terrorism, strike, lock-out, industrial action, fire, flood,
drought, storm or other event beyond the reasonable control of either
The failure by the Bicycle Owner to enforce any provision of these
terms and conditions shall not be treated as a waiver of that provision,
nor shall it affect the Bicycle Owner’s right to subsequently
enforce that provision.
The Bicycle Owner reserves the right to use photos taken during the
activity for marketing purposes.