TERMS & CONDITIONS

EMBR terms and conditions must be accepted prior to embarking On an e-bike

Adventure or hiring any equipment

 

 

 

 

Full Name……………………….…………………………………………………….

 

 

DOB.           /            /

 

 

 

Address,………………………………………………………………………………

 

 

 

………………………………………………………………………………………….

 

 

 

Post code……………………………………………………………………………..

 

 

Emergency Telephone no……………………………………………………………

 

 

Email address………………………………………………………………………….

 

 

 

 

I accept these terms and Conditions prior to taking Part or hiring services and that I am authorized and accept responsibility for all members of my party.

 

 

  

Sign ………………………………………………

 

 

 

Date,…………………………………. Time………………………………………

 

Please advise of any allergies or medical conditions which might impact during your experience with EMBR.

 

 

 

 

 

     

1. General Issues

a. These terms and conditions apply to the booking of bikes and Adventures from EMBR Ltd Striding Edge, Kelsick Villa, Rothay Road, Ambleside, LA22 0EE. as set out in the booking Confirmation.

b. These terms and conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these booking terms and conditions.

c. No variation to these booking terms and conditions shall be binding unless agreed in writing by EMBR.

d. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by EMBR (including any electronic documentation) shall be subject to correction without any liability on the part of EMBR. This Agreement may NOT be altered, supplemented, or amended using any other document(s) unless otherwise agreed to in a written agreement signed by both parties.

e. EMBR reserves the right to make changes to the activity of cycling whether to conform with any applicable safety or other statutory requirements or otherwise. This could include, but is not exclusive to, people who book an under 18 year old to ride without a riding adult, or an under 14 year old on an electric bike.

 

2. Booking Confirmation

a. Bikes will not be reserved unless a booking has been completed. A booking is not considered complete unless payment has been received. No booking shall be deemed to have been accepted unless accepted in writing by EMBR. If you do not receive confirmation, please email Info@embr.bike and we will be happy to provide you with written confirmation.

b. These booking terms and conditions incorporate EMBR privacy policy, risk acknowledgement and disclaimer which must be acknowledged before being allowed to undertake the activity.

c. You must advise EMBR as soon as possible of any mistake in the booking confirmation.

d. EMBR shall use its reasonable endeavours to ensure that you and your party’s participation commences at the time booked, and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the activity and no refunds or compensation will be payable in such circumstances.

e. EMBR will hold all bookings for one hour after their booked time. After this time, we do not guarantee to hold your booking. If you are running late and will arrive after this time you must contact us via phone on 07808560178 and we will endeavour to save these bikes for you.

 

3. Safety, EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING HIS/HER OWN SAFETY AT ALL TIMES.  EMBR  WILL NOT BE LIABLE FOR ANY INJURIES CAUSED TO A CUSTOMER UNLESS THIS IS AS A RESULT OF NEGLIGENCE ON ITS PART.  BY AGREEING TO TAKE PART IN AN ADVENTUTRE, ALL CUSTOMERS AGREE TO FOLLOW THE SAFETY INSTRUCTIONS GIVEN BY THE GUIDE AND TO EXERCISE DUE CARE AND ATTENTION WHILST CYCLING.

a. The activity of e-mountain biking can be a dangerous activity which could result in death. All participants will receive safety advice from EMBR staff before heading out on an Adventure.

b. EMBR reserves the right to refuse admittance to the activities, or to remove a participant from the activities should it deem it necessary to do so. This includes a participant who does not comply with the safety rules, advice and the safety system; or who is deemed to be under the influence of alcohol or drugs.

c. After the safety briefing participants will be supervised by a mountain guide. A participating adult must accompany under 18-year-olds at all times whilst they are riding bikes. EMBR recommends that one adult should supervise a maximum of eight under 18 year olds but must be over the age of fourteen   Participating adults must sign a Risk Acknowledgement and Disclaimer (see below) stating that he or she will accept responsibility for the safety of his or herself and for the supervision of children in his or her care.

d. All participants must be reasonably fit and healthy. You are responsible for ensuring that you are physically fit enough to undertake cycling any distance using EMBR e-bike )

e. All participants are required to wear a helmet at all times whilst riding a bike.

f. Cycling is physically demanding and will require a degree of fitness. If participants are in any doubt as to whether they should attempt the activity, they should discuss this with their general practitioner first.

g. EMBR will take no responsibility for participants who have booked and then find the course too difficult. Please note that we are based in the Lake District and are therefore hilly. The easiest route includes a 45-minute uphill for a family group. Although we are classed as having family trails, some children may struggle with the initial climb. If you are unsure, please come and visit the site prior to booking. Staff members will be happy to advise you to the best of their ability as to whether the course is suitable.

h. If participants have medical concerns, they are advised to consult their doctor in advance. Participants will be required to certify that they do not suffer any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Due to the physical nature of the cycling, EMBR are unable to allow pregnant women to take part.

 

4. Participants  Responsibilities.

a. All participants are required to act responsibly and courteously at all times and to respect other participants. EMBR shall be entitled to prevent any person(s) from undertaking or completing the activity in the event it deems the behaviour of any participant(s) unsuitable.

b. Participants must be dressed appropriately (see clause 8) and EMBR reserves the right to refuse participation-to any anyone who is not appropriately dressed.

c. The activity will remain open in most weather conditions (but not in circumstances of gales, lightning, and heavy ice or snow and severe flooding).

d. No refunds or compensation will be payable by EMBR in the event that any participant is not permitted to, or decides not to, undertake or complete the activities for the reasons set out in this clause.

e. E bikes are assessed by an experienced EMBR guide prior to being used but it is your responsibility to ensure that you follow the mountain biker’s checklist for your own safety (please request a copy if you are not familiar with it), and assess your bike before riding and regularly during your ride.

 

5. Security and Limitations.

a. You are responsible for all cycles and equipment hired or loaned, and it is your responsibility to keep these items safe from damage, loss, or theft, and only used in a proper manner and not subject to any misuse or unfair wear and tear.

d. You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired cycle(s) or equipment.

 

6. The Disclaimer

This disclaimer is to be signed by a consenting riding adult aged 18 years or over who is responsible for the group on collection of the bike(s), and reads as follows…

I (the undersigned) wish to hire a e-bike(s) for the purpose of cycling. I am over the age of 18 years old and I am signing on behalf of those aged 18 years or under as listed below where relevant, and those over the age of 18 years who I am responsible for. I have the authority of each participant and/or that of each parent / guardian to allow the named participant to participate in the activity of cycling. All under 18 year olds will be accompanied by an adult when riding a bike at all times.

From here on the word ‘I’ will be seen to mean the undersigned and all those under 18 years old and over as are named below.

I agree that cycle helmets will be worn at all times when on the hire bike(s). Riding without a helmet or misuse of equipment will result in confiscation without compensation.

I understand that cycling is a physically challenging activity and accept that there is a risk of serious injury or death in undertaking this activity. I accept that I will ride within my physical and technical limitations and that of the group. I accept that I will cycle within the remit of each hired bicycle(s) capabilities which are outlined by EMBR staff.

I certify that to the best of my knowledge, I do not have any medical condition which might make me more likely to sustain an injury. To the best of my knowledge I certify that I am not pregnant. I confirm that I am not under the influence of alcohol and / or drugs. I acknowledge that I am responsible for my own safety (and the safety of my possessions) whilst undertaking this activity, and that I am responsible for the safety of all under 18’s listed below.

To reduce the risks I agree to follow all the instructions set out in the  Cycle Code along with all the instructions given to me by EMBR staff before undertaking any cycling. I understand and agree that if participating in guiding / coaching sessions I do so entirely at my own risk. I have considered the nature of such sessions and agree to participate in a safe manner and to follow all reasonable instructions from the guide/coach.

I agree that I am liable for any costs incurred by myself and / or my group / company in respect to damage to the bike(s) and / or equipment hired by myself or my group / company, however so caused. In the unlikely event of an accident, loss or damage to my personal effects, I acknowledge that EMBR will not be liable for any direct or indirect loss, damage or injury arising from, or in connection with this activity (except death or personal injury caused by EMBRs negligence) and waive all and any claims against EMBR in this respect.

In signing this document, I acknowledge that I agree to everything stated in the above disclaimer, and I take responsibility for myself and take responsibility for any / all the participants listed under my supervision.

 

7. Cycling country code

Expect the unexpected.

Keep your speed down.

Always ride within the capabilities of yourself and your equipment.

Remember other vehicles use forest and unrestricted roads as well.

Only ride on permitted bridal ways and on restricted/ unrestricted roads.

Footpaths and waymarked walks are for walkers only.

Give way to walkers and be friendly to other path users.

Be aware of horses stop and let them pass quietly and safely.

Warning! Keep away from all forestry operations, quarries and pits.

Do not pass vehicles loading timber until told.

Take care of cornering and braking on loose stone surfaces.

Watch out for barriers when forest tracks meet public roads.

Be aware of wildlife including deer who are easily spooked.

Always wear a helmet.

Cycle with care.

 

8. Clothing

a. All of our adventures operate whatever the weather. Please bring a raincoat, gloves, warm clothes if it is cold.  It shall be the responsibility of all participants to ensure that they are dressed appropriately. EMBR advises participants to wear clothing appropriate for the weather conditions and that which they do not mind getting damaged. The Lake District can be a very cold and wet destination so a suitable layering system should be employed by all. In particular, the following restrictions shall apply: i. Participants may not undertake cycling in open-toed or slip-off shoes. ii. Waists and Torso’s must be covered, and participants are advised to cover up as much skin as possible. iii. Clothing must not be tied around the waist / neck / shoulders of any rider. iv. Baggy trousers, skirts or similar are not recommended, and care should be taken to ensure that a participant can ride without their garments catching in the wheels or drive chain. Such garments are not permitted for those riding on technical trails.

b. EMBR will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in cycling.

 

9. Cancellations

a. You shall be entitled to cancel your booking subject to EMBR receiving your request for cancellation at least 48 hours before the booking start time. Any requests for cancellation must be made by telephone on 07808560178 and followed by a written email to hire@biketreksgrizedale.co.uk. You shall be entitled to a full refund in the event of a cancellation under this clause.

b. After 48 hours prior to commencing your booking, EMBR will offer no refund for any booking but will endeavour to alter the time and date to an acceptable time and date for EMBR and yourself. This must be taken within 6 months from the original booking.

 d. In the event that it proves necessary to close the activities for reasons beyond the control of EMBR, and in circumstances where your party has commenced participation in the activities, you shall not be entitled to any refund (in part or in whole). In such circumstances, EMBR Mountain may, but shall not be obliged to, offer alternative dates or times at reduced rates.

e. EMBR will not refund any full-day hire, if the participants have already paid for the full day, but return within the half-day time period.

 

10. Group Bookings

a. All group bookings of 10 or more participants (that are not booked via the website by the participants) will only have a confirmation of the booking once an email has been received from the participants with the details of the group, and a confirmation email has then been received from EMBR.

b. Once a group booking has been confirmed, the cancellation policy is the same as that in clause 9.

c. Once an invoice has been issued to a group it is counted as a promise of payment and should be paid in full within 7 days of issuing. If the group cancels and it is up to 48 hours before the time in which the booking is to take place, then in this case the invoice will be seen as null and void.

d. All groups will be bound by the same terms and conditions as all other participants as laid out in this document.

 

11. Prices and Payment

a. Subject to any terms agreed in writing between EMBR and you, our charges shall be calculated at our current rates and payment in full shall be due at the time of booking. c. Invoices for group bookings are available on request but will only be issued with prior arrangements. The invoice is to be settled in full within

7 days of issuing.

d. A deposit might be required. We will take a swipe of your card for this deposit which will need to be pre-authorised by your bank.

e. The hirer will be liable to pay in full the cost of any loss or damage of the bike(s) and / or equipment which may be over and above that of the security deposit. This excludes inner tubes only.

f. Any damage will be charged for at cost price. Bikes should only be ridden on the grade of trail that they are designed for and as instructed by your guide. Any bikes found to have been ridden on a trail above the grade they are designed for will have their damage deposit withheld

 

12. Refunds and Amendments

a. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by bacs. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value.

b. Where multiple forms of payment are used, we refund any monies due on a refund or amendment by credit or bacs.

 

 

13. Liabilities

b. Prices listed on www.embr.bike   or affiliated websites are per person unless otherwise specified. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign exchange rate as determined by EMBR.

The charges include the cost of purchasing the activities which include helmet hire. Payment may be made either via the website www.embr.bike a credit/debit card, via phone, or on the day by cash if you have not pre-booked a bike(s).

a. Except as otherwise provided in these booking terms and conditions EMBR shall not be responsible for the loss, or damage, of or to, any property or to any person arising from the booking of or participation in cycling.

b. Parking facilities are available at the ARUFc and any vehicles are left at the owners’ risk, and subject to any conditions and the payment of any fees as may be required by the provider of such facilities.

c. Except as otherwise provided in these booking terms and conditions any liability of EMBR shall be limited to the refund of any charges paid to EMBR

d. Nothing contained in these booking terms and conditions is intended to, nor shall limit the liabilities of EMBR in respect of death or personal injury caused by the negligence of EMBR or of its employees, agents or contractors.

 

14. Miscellaneous

a. If any of these terms are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.

b. 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.

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

d. 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.

e. 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.

f. Except as 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 Contracts (Rights of Third Parties) Act 1999.

g. These terms and conditions shall be governed by English law, and both of us hereby agree to submit to the exclusive jurisdiction of the English Courts.

h. Except where expressly permitted under the Data Protection Act 1998, we will only use your personal details in connection with your booking arrangements and to inform you of future events, unless you agree otherwise. We will keep your personal details secure in accordance with our obligations under the Date Protection Act 1998.

i. For how EMBR uses your details under the constraints of GDPR and Privacy

please visit www.embr.bike

 

I have completed my Adventure with EMBR and are satisfied with the services provided,

 

 

Signed

 

 

Time.                                                           Date

 

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EMBR guide completion sign off ,

 

 

Time.                                     Date.