1. Phoenix Park Bikes (hereinafter referred to as “PPB”) provides access to Bicycles for Hire by customers in the Phoenix Park.
2. All bikes must be used in a reasonably and responsible way.
3 The period of hire is the agreed time in which the bike will be used, failure to abide by this will result in the forfeiture of deposit until extra costs are recouped.
4. The customer is responsible for the bicycle hired and must make every effort to avoid damage to the bicycle or its destruction or disappearance.
5. The customer undertakes to inform the PPB as swiftly as possible of the loss, theft, any accident or any other problem in relation to the use of a bicycle. In any event the bicycle shall remain under the responsibility of the customer in accordance with the terms of paragraph [11 ] and [14 ].
6. The bicycle remains at all times the property of the PPB. The customer is expressly forbidden to allow any third party to use the bicycle in any way whatsoever, whether for free or against consideration.
7. The service provided by the PPB is also accessible to children up to the age of 16 once the bicycles are hired by their legal guardian under the liability of this clause and in accordance with paragraph [ ] below.
8. The customer is authorised to use the bicycle in accordance with the terms hereof, provided that such use is reasonable which excludes the following:
(a) Any use contrary to the provisions of the Rules of the Road and current traffic regulations;
(b) Any use on land or under conditions that are likely to damage the bicycles;
(c) The transportation of any passenger under any circumstances;
(d) Any use of the bicycle causing danger to the customer or to third parties;
(e) Any dismantling or attempt to dismantle all or part of the bicycle, and more
(f) Generally, any abnormal use of a bicycle.
9. Any goods carried by customers, either on their person or on the bicycle is at the risk of the customer.
10. Damage to or the soiling of a customer’s clothing while using a bicycle is at the risk of the customer
11. The customer is fully and solely liable for any damage caused by the use made of a bicycle during the Hire Period and including when the Hire Period is exceeded in the event of a late return by the customer.
12 The parents or legal guardians of any minor children will be held liable for any damage caused directly or indirectly by the minor as a result of using the service.
13. A bicycle that has not been returned after 24 hours have expired since the ending of a Hire Period will be considered as a case of disappearance until the bicycle is found or returned.
14. In the event of the disappearance of a bicycle for which a customer is liable, the customer is obliged to inform the PPB of this disappearance and to register the theft with the Gardai. The customer shall remain fully and solely responsible for the bicycle until the PPB is supplied with a copy of the Garda Report.
15. In the event of an accident and/or incident involving the bicycle, the customer is under obligation to inform the PPB of the facts as soon as is reasonably practicable.
The customer remains liable for the bicycle until such time as it is handed over in person to a representative of the PPB and has received their deposit back.
16. The customer declares that they are capable of using a bicycle and physically fit to do so. Helmets and high vis. jackets are provided and we recommend there use.
17. Since the customer is liable for the bicycle, prior to using the bicycle the customer must carry out a basic check on the main visible working parts, in particular but not limited to: Brakes, Handle Bars, Gears, Frame, Seat Adjustment, Wheels and Tyres.
18. You are not insured by the company to use the bicycle and you do so entirely at your own risk. It is advised that you take out your own public liability insurance if you do not have such a policy already in place.
19. These Conditions of Use are subject to Irish Law. Any dispute arising from the performance and consequences thereof shall be brought before the courts of Ireland to which the Parties expressly attribute jurisdiction, including in the event of Summary Judgements, introduction of Third Parties or numerous Defendants.