These are the terms and conditions on which Giant’s approved distributor or Giant branded store (“Hirer”) will hire their Giant or Liv branded cycles and any accessories (“hire goods”) to you. The Hirer will be clearly identified our acknowledgement of your order and subsequent acceptance of order.
Please read these terms carefully before you submit your hire order to us. These terms tell you who we are, how the Hirer will provide the hire goods to you, how you and Hirer may change or end the hire contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
We are Giant U.K. Limited a company registered in England and Wales. Our company registration number is 02167762 and our registered office is at Charnwood Edge, Syston Road, Cossington, Leicester, LE7 4UZ. Our registered VAT number is GB450137481. We act as agent for the Hirer and we will separately give you information identifying the Hirer.
You can contact us by telephoning our customer service team at 0800 0159 890 or by writing to us at info@giant-bicycles.co.uk or Charnwood Edge, Syston Road, Cossington, Leicester, LE7 4UZ. You can contact the Hirer by telephoning them, or writing to them, using the information we will provide you in our acknowledgement of order or subsequent acceptance of order.
If we or the Hirer have to contact you, we or the Hirer will do so by telephone or by writing to you at the email address or postal address you provided in your hire order.
When we use the words “writing” or “written” in these terms, this includes emails.
We (i.e., Giant U.K. Limited) act as agent for the Hirer and are authorised by the Hirer to accept your hire order on behalf of the Hirer to hire their goods to you. However, we will not be party to your contract with the Hirer.
After you place a hire order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your hire order has been accepted. Our acceptance of your hire order will take place as described in clause REF _Ref27485118 \r \h 3.3.
Our acceptance of your hire order on behalf of the Hirer will take place when we email you to accept it, at which point a contract will come into existence between you and the Hirer.
If we are unable to accept your hire order on behalf of the Hirer, we will inform you of this (usually by telephone or email) and will not charge you for your hire. This might be because the hire goods are unavailable or because we or the Hirer have identified an error in the price or description of the hire goods or because the Hirer is unable to meet the collection date you have specified.
We will assign an order number to your hire order and tell you what it is when we acknowledge your hire order on behalf of the Hirer. It will help us if you can tell us the order number whenever you contact us or the Hirer about your hire order.
The images of the hire goods on our website are for illustrative purposes only. Although we and the Hirer have made every effort to display the colours accurately, neither we nor the Hirer can guarantee that a device’s display of the colours accurately reflects the colour of the hire goods.
If you wish to make a change to the hire goods you have ordered please contact us or contact the Hirer. We or the Hirer will let you know if the change is possible. If it is possible we or the Hirer will let you know about any changes to the price of hiring the goods or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the Hirer cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the hire contract (see clause 10 – Your rights to end the hire contract).
The Hirer may make changes to the hire goods being hired to you:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements.
Your hire of the hire goods will begin on the start of the hire period set out in our acceptance of your order.
Your hire of the hire goods will end when the Hirer’s store closes on the day your hire period ends as set out in our acceptance of your order.
Your hire goods will be available for collection from the Hirer’s store on the date set out in our acceptance of order.
When you collect your hire goods, you will be required to bring photo identification (e.g., a valid passport or valid photo driving licence); recent proof of address (e.g., a bank statement or utility bill no more than 3-months old); and the credit or debit card you used to pay for your hire. The hire goods will not be released to you unless you provide these items.
When you collect your hire goods, you may be required to pay a deposit to the Hirer. The amount of the deposit is set by the hirer, and refundable upon safe return of the hire bike.
If the Hirer’s supply of the hire goods is delayed by an event outside their control then either we or the Hirer will contact you as soon as possible to let you know and the Hirer will take steps to minimise the effect of the delay. Provided the Hirer or we do this, the Hirer will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the hire contract and receive a refund for any hire goods you have paid for but not received.
If the Hirer misses the collection date for any hire goods then you may treat the hire contract as at an end straight away.
If you do not wish to treat the hire contract as at an end straight away, you can give the Hirer a new collection date, which must be reasonable, and you can treat the hire contract as at an end if the Hirer does not meet the new collection date.
If you do choose to treat the hire contract as at an end because they were not available for collection on the collection date, you can cancel the hire contract. After that we, or the Hirer, will refund any sums you have paid to us for the cancelled hire goods.
The hire goods will be your responsibility from the time you collect them from the Hirer’s store. You will remain responsible for the hire goods until they are returned to the Hirer. For your benefit, the hire goods are insured by the Hirer to their full replacement value. You must notify the Hirer immediately if any of the hire goods are lost, stolen or damaged (with the exception of fair wear and tear).
As between you and the Hirer, the Hirer will always own the hire goods.
The Hirer may have to suspend the supply of the hire goods, or recall them, to deal with technical problems or make minor technical changes.
We or the Hirer will contact you in advance to tell you the Hirer will be suspending supply of the hire goods or recalling them. If the Hirer suspends the hire goods, or recalls them, they will adjust the price so that you do not pay for hire goods while they are not in your possession. You may contact us or the Hirer to end the hire contract for a hire good if the Hirer suspends it or recalls it, or tells you they are going to suspend it or recall it, and the Hirer will refund any sums you have paid in advance for the hire goods concerned in respect of the period after you end the hire contract.
Whilst the hire goods are in your possession, you will:
Your rights when you end the hire contract will depend on whether there is anything wrong with the hire goods, how the hire goods are performing and when you decide to end the hire contract:
If you are ending a hire contract for a reason set out at (a) to (e) below the hire contract will end immediately and the Hirer will refund you in full for any hire goods which have not been provided and you may also be entitled to compensation. The reasons are:
For most online services you have a legal right to change your mind within 14 days after the day the contract was entered into and receive a refund. However, this right under the Consumer Contracts Regulations 2013 to change your mind does not apply to your hire of the hire goods because you are entering into a contract for the supply of vehicle (a cycle is considered a vehicle) rental services or services related to leisure activities for a specific date or period of hire.
Even through you do not have the right to change your mind under the Consumer Contracts Regulations 2013, the Hirer will allow you to change your mind at any time up to 2-clear days (not including Christmas Day) before the date your hire is to start and receive a full refund.
To end the hire contract, please let us know by doing one of the following:
If you end the hire contract for any reason after hire goods have been collected by you, you must return them to the Hirer at your cost. You must return the goods in person to the Hirer at their store from where you collected them. If you fail to return the hire goods to the Hirer, the Hirer may recover from you the direct costs of recovering the hire goods from you.
The Hirer will refund you the price you paid for the hire goods, by the method you used for payment. However, the Hirer may make deductions from the price, as described below.
The Hirer will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of you telling us you have changed your mind.
The Hirer may end the hire contract for the hire goods at any time by writing to you if you break the terms of the hire contract.
You must compensate the Hirer if you break the hire contract. If the Hirer ends the hire contract in the situation set out in clause 12.1 the Hirer will refund any money you have paid in advance for hire goods they have not provided but the Hirer may deduct or charge you reasonable compensation for the net costs they will incur as a result of you breaking the hire contract
If you have any questions or complaints about the hire goods, please contact us or the Hirer using the contact information set out in our acceptance of your hire order.
If you wish to exercise your legal rights to reject hire goods you must return them in person to the Hirer’s store from where you collected them.
The price of the hire goods (which includes VAT) will be the price indicated on the order pages when you placed your hire order. We and the Hirer take all reasonable care to ensure that the price of the hire goods advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the hire goods you order.
It is always possible that, despite our reasonable efforts, some of the hire goods on our website may be incorrectly priced. We will normally check prices before accepting your hire order on behalf of the Hirer so that, where the hire good’s correct price at your order date is less than our stated price at your order date, you will be charged the lower amount. If the hire good’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your hire order on behalf of the Hirer. If we accept and process your hire order on behalf of the Hirer where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, the Hirer may end the hire contract and refund you any sums you have paid.
We will collect your payment for the hire as agent for the Hirer. We accept payment with Visa, Mastercard and American Express. You must pay for the hire goods in full when you place your hire order. We will not charge your credit or debit card until we send you our acceptance of order.
If you think an invoice is wrong please contact us promptly to let us know.
You must return the hire goods to the Hirer at your cost before the hire period expires. You must return the hire goods in person to the Hirer at their store from where you collected them.
When you return your hire goods the Hirer may reduce your refund of your deposit to reflect any reduction in the value of the hire goods, if this has been caused by anything other than fair wear and tear. If the Hirer refunds to you the deposit for the hire before they are able to inspect the hire goods and later discover you have handled them in an unacceptable way, you must pay the Hirer an appropriate amount.
The deposit (or the balance remaining) will be refunded to you by the Hirer when you return your hire goods.
If the Hirer fails to comply with these terms, the Hirer is responsible for loss or damage you suffer that is a foreseeable result of the Hirer breaking this hire contract or the Hirer failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the hire contract was made, both the Hirer and you knew it might happen.
This includes liability for death or personal injury caused by the Hirer’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the hire goods (including the right to receive hire goods which are: as described and match information provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to the Hirer); and for defective goods under the Consumer Protection Act 1987.
The Hirer only supplies the hire goods for domestic and private use. If you use the hire goods for any commercial or business purpose the Hirer will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will only use your personal information as set out in our privacy policy.
The Hirer will only use your personal information as set out in their privacy policy a link to the Hirer’s privacy policy will be provided in our acceptance of order.
The Hirer may transfer its rights and obligations under these terms to another organisation. The Hirer will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the hire contract. If you are unhappy with the transfer you may contact us or the Hirer to end the hire contract within 7 days of the Hirer telling you about it and the Hirer will refund you any payments you have made in advance for hire goods not made available to you.
You may only transfer your rights or your obligations under these terms to another person if the Hirer agrees to this in writing.
This hire contract is between you and the Hirer. No other person shall have any rights to enforce any of its terms, except as otherwise provided in these terms. You and the Hirer will not need to get the agreement of any other person in hire order to end the hire contract or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If the Hirer does do not insist immediately that you do anything you are required to do under these terms, or if the Hirer delays in taking steps against you in respect of your breaking the hire contract, that will not mean that you do not have to do those things and it will not prevent the Hirer taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the hire goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the hire goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the hire goods in either the Northern Irish or the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit our dispute for online resolution to the European Commission Online Dispute Resolution platform.
