Porty Community Energy Cargo Bike and Tandem Hiring Agreement
Updated: May 2023
By accepting this agreement, you agree to the full terms and conditions laid out in this Bike, Tandem and Cargo Bike and Trike Hiring Agreement, as requested by Porty Community Energy.
● The e-Bike, bike, tandem or Cargo bike (from now on referred to as 'bike') may not be loaned or sub-let to any third party by the Hirer. The named Hirer will be solely responsible for the compliance with the terms and conditions set out herein.
● The bike may not be used by anyone other than the named Hirer, unless with prior consent from Porty Community Energy.
● The Hirer agrees to return the bike to Porty Community Energy in the same condition received, ordinary wear and tear will be accepted.
● The Hirer agrees not to use the bike for onward hire or reward, the violation of any law or regulation.
● The Hirer agrees to not remove the cargo bike from the district of Edinburgh and neighbouring Lothians, without specific permission from Porty Community Energy.
● The Hirer hereby agrees that they will not operate the bike, and/or permit the bike to be operated whilst unfit through drink or drugs or with blood alcohol concentration above the limit prescribed for the time being by road traffic legislation.
● Bike helmets will be worn by all users when using the bike.
● The Hirer will ensure the bike is always locked with the lock that will be provided with the bike, as well as the frame lock on the rear wheel, if the bike has one. The bike will be locked to an immovable object when unattended, outwith the pre-arranged place of storage.
● The bike will always be stored, overnight and for longer periods of time, in the pre-agreed location (NB: this must be a secure building with foundations, such as a residential property or garage; and where agreed, a secure storage container).
● If the Hirer commits any breach of these terms and conditions, and Porty Community Energy are made aware of this, Porty Community Energy may treat the agreement as terminated and may seize, without legal process, or notice to the Hirer, the cargo bike at any time or place.
● The Hirer agrees to pay the legal owner of the bike, on demand all fines and court costs including administrative fees for parking, traffic or other legal violations assessed against the cycle(s) or the Hirer during the hire.
● The Hirer agrees to pay the owner of the cargo bike, on demand an agreed reasonable handling fee for processing any fine or legal violation against the cycle(s) or the Hirer during the hire, except where caused by Cargo Bike Movement, Cycle Scotland or Porty Community Energy’s oversight or error.
● The Hirer agrees to pay Porty Community Energy, as owner of the cargo bike, the fair market value of repairing damage however caused to the cycle(s) supplied to the Hirer.
● The Hirer agrees to defend, indemnify and hold Porty Community Energy harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses - except where caused by Porty Community Energy's negligence or error - incurred by Porty Community Energy in any manner from this loan-based transaction.
● The Hirer agrees that they are over the age of 18 years old during the period of hire.
● The Hirer loaning the cycle(s) do so with the agreement that they are physically fit and strong enough to ride and handle the agreed cycle(s), and that they are competent to ride safely on the road.
● Once the hire has commenced, the Hirer has full responsibility over the cycle(s).
● It is Porty Community Energy’s responsibility to ensure that the cycle(s) is in proper working order before the hire takes place; this includes brakes, lights, steering, tyres and drivetrain including pedals. Subsequently, the responsibility of the safe working nature of the bike falls to the Hirer, until the cycle(s) is returned to Porty Community Energy.
● If there are any issues with the cycle(s) during the loan, this must be reported to Porty Community Energy immediately so that plans for reparation can be made. Hirers must not attempt to make any reparations themselves as this may result in compromising the insurance cover of the cycle(s).
● Any wilful or negligent act of destruction of Porty Community Energy’s property may result in prosecution.
● Hirers will be instructed on the maximum weight limit the cycle(s) (ref. 1) can take upon loaning. Hirers agree to not exceed this limit nor over fill the load box. Hirers will fill the cycle(s) evenly with no long or sharp edges sticking out of the box.
● If an accident should occur due to the carriage of an overweight or awkward load then the Hirer may be liable for all costs incurred.
● Hirers agree to not use the cycle(s) for racing, stunt or trick riding or for any other purpose other than riding to and from a destination. Hirers will only use the cycles on terrain suitable for a hybrid bike.
● Porty Community Energy reserves the right to cancel any contract/loan agreement at any time with a customer without prior arrangement or written warning if Porty Community Energy agrees it is a suitable arrangement.
● For security reasons the bike may be fitted with a tracking device, the Hirer agrees to the bike being tracked at all times, and will not do anything which may impede the operation of this device.
● These terms and conditions shall be governed by Scots law, and both of us hereby agree to submit to the exclusive jurisdiction of the Scottish Courts.
Carrying / transporting humans
The Urban Arrow Family can carry up to three children, or one adult. Hirers agree to; ● Not exceeding the maximum load weight (Ref 1).
● Only transporting one adult or a maximum of three small children at one time.
● Using the safety straps to secure children during transit.*
● Ensuring all users - including those being transported - are wearing helmets at all times.
* For very young children, child/baby seats and seat adaptors are available.
Reference 1
(a) Urban Arrow:
- Max front load: 125 kg
- Max rider weight: 125 kg
- Max rear load: 25 kg
(b) Raleigh Strdei 2:
- Max front load: 100 kg
- Max rider weight: 100 kg
(c) Tern:
- Max cargo weight: 60 kg
- Max rider weight: 110 kg
(d) Larry vs Harry eBullitt:
- Max front load: 100 kg
- Max rider weight: 125 kg
(e) Riese & Muller:
- Max front load: 100 kg
- Max rider weight: 125 kg
(f) XYZ:
- Max front load: 150 kg
- Max rider weight: not stated
(g) Nihola Family
- max front load: 100 kg
- Max rider weight: not stated
