I agree to ride these bikes at my own risk.
1. Introduction
Byke has been created as a platform to allow private individuals to enter into transactions between themselves to hire privately owned bicycles. The responsibility for the conduct of the parties entering into such a transaction lies solely with each of them and Byke makes no representations or warranties as to the safety of any individual bike or any individual cyclist. In this regard Byke acts as an agent in facilitating the transaction, and is not a distributor or reseller.
2. Conditions of Bike Use
2.1 The bike rider is responsible for returning the bike in the same condition that it was found in, and should any damage occur to the bike, must pay for the bike to be fixed.
2.2 The bike owner is responsible for ensuring the bike is safe to ride. This includes regular safety checks with a bike professional.
3. Byke.mobi Responsibility and Liability
3.1 Byke accepts no liability in respect of and shall not be responsible for:
3.11 the condition of any bike;
3.12 any information or content provided by Members on their Profiles or elsewhere on the Website or in connection with the hiring of any bike;
3.13 death or personal injury, except where resulting from Byke's negligence;
3.14 any damage to any property, or damage to or loss of any bike;
3.15 any damage or loss of any belongings left on any bike;
3.16 any incidental expenses;
3.17 any charges or fines;
3.18 any theft or breakdown of any bike;
3.19 any cancellation of any booking, or removal of any Member Profiles, bikes, or other content, from the Website, if done in accordance with this Agreement.
3.2 Nothing in this Agreement will operate to exclude or restrict Byke's liability for:
3.21 death or personal injury resulting from negligence;
3.22 Byke's fraud or negligence.
3.3 the entire liability of Byke to any Member under or in connection with this Agreement whether for breach of contract, misrepresentation or otherwise, is limited to the amount of the Rental Fee for each Booking made by such Member. The only exception to this clause is listed in 3.2.
