Terms & Conditions

General Conditions

1. Commencement
This agreement will commence on the date on which the machine is collected by or delivered to the hirer and where the hiring is stated to be for a fixed period will terminate on the date and at the time specified when the hirer will return the machine to the owner at the business address or pre arranged pickup/drop of point. Pick up/drop off service may incur a fee.

The vehicle described in Section (1) of the hire agreement is the property of the Lessor. The Hirer described in Section (1) and in the Declaration overleaf agrees to return the motorcycle together with all tyres, tools, accessories and other equipment in the same condition as received at commencement of this Rental Agreement to the place and on the date and time specified overleaf on the hire contract or sooner if demanded by the Lessor.

Any damage to hire vehicle, punctures, parking fines, fixed penalty fines etc. are the sole responsibility of the hirer/rider whilst the machine is on hire. Any losses will be deducted from the deposit and at the end of the hire period, if the loss is greater than the balance of the deposit, an invoice will be raised and the amount will be deducted from the hirer’s account.

All accidents must be reported to BCK Motorcycle Ltd. Accidental damage will be Paid by the hirer, a policy excess may apply where the hirer is deemed at fault where an accident has accrued and will be covered in full by the hirer and a full accident report will be required by the Hirer described in Section 1

The Lessor agrees to let to the Hirer and the Hirer acknowledges that the motorcycle described in Section (3) of the hire contract is fit for his/her purpose and has entered into this agreement on the basis that the hirer has inspected the machine and is satisfied as to its condition in respect of defects that inspection ought to have revealed. If previous damage is apparent at the time of hire a vehicle defect log will be co-signed and photos may be taken.

The Hirer confirms that he/she has been given adequate time and opportunity to carefully read the terms and conditions herein and agrees to be bound by them in their entirety.

Where a single payment is to cover the whole period of hiring, it is payable before the commencement of hiring. where rent is payable periodically, the first payment is to be made before the commencement of the hiring and subsequent payments are to be made in advance at the appropriate periodic intervals calculated from the commencement of the hiring.

The hirer is reminded that the machine remains the property of the owner and must not in any circumstances be sold or used as security.

On the termination of the hiring the hirer must return the machine to the owner or arrange for the owner to collect it at the hirer’s expense (fair wear and tear expected) the machine will be in the same condition as at the commencement of the hiring. The hirer will remain strictly liable until the machine is redelivered to the owner.

Where the machine is within the description of goods to which the Control of Hiring Order 1977 applies, but the hires for a period of up to 30 days only, the hirer is reminded that is an offence for him/her to remain in possession of the machine for longer than that period.

The owner may substitute a machine of a similar type and condition in lieu of repairing a damaged machine but the hirer will still remain responsible for the cost of repair.

The owner may alternatively if in his/her opinion the machine is not worth repairing or cannot be repaired terminate the hiring by written notice to the hirer, in which event, he/she shall repay the hire rent for any outstanding period which it has already been paid or is outstanding.

Nothing in this condition shall affect or diminish the liability of the of the hirer under this agreement or render the owner liable to the hirer for any resultant or consequential loss, damage or inconvenience.

If the machine is out of use for more than two days due to some inherent defect of some cause under the control of the owner, the hire rent will be suspended until the machine is working again or has been replaced. in any other case the rent will continue to be payable. In no case shall the owner be liable to the hirer for any resultant or consequential loss, damage or inconvenience.

If during the hiring the hirer shall make any composition with his/her creditors, or commit any act of bankruptcy or shall suffer any distress or execution to be levied against him/her, or shall do or cause or suffer to be done any act whereby the rights the owner may be prejudiced, this agreement shall forthwith terminate and the owner shall be entitled to retake possession of the machine without notice, for which purpose it shall be lawful for him/ her to enter any premises where the machine may be; but this power is without prejudice to any rights of the owner.

If the hirer dies or does not pay any hire rent when it is due, or if the hirer is otherwise in breach of his/her agreement, or if the hiring is terminated prematurely at the request of the hirer, the owner may remove the machine forthwith with the right to enter any premises where the machine may be for that purpose and may treat the agreement as having been repudiated by the hirer; and if the hiring is for a fixed term, the hirer shall be liable to pay the owner in respect of the repudiation sum equivalent to the hire rental payable for the remainder of the term of the hiring less an allowance for maintenance and accelerated payment such allowance to be agreed or settled by arbitration; but nothing contained in this condition shall reduce pr affect any other liability of the hirer under this agreement.

Where the hiring is for a fixed period , it shall terminate on the expiry of that period. Where the hiring is for an indefinite period, or is continued by mutual agreement after the expiry of a fixed period either the owner or the hirer may terminate it by giving to the other not less than 3 days notice in writing.

Any punctures or expenses incurred which the owner has no control over are the responsibility of the hirer. If the owner is put to expense in recovering the machine in such circumstances, the owner reserves the right t recover his costs from the hirer.

2. During the rental period the Hirer shall keep the motorcycle together with its accessories, tools and equipment in his/her sole possession and free from any and all legal process or lien, and when not in use to adequately protect and secure it.

3. The motorcycle will not be used:
a) for the carriage of passengers for hire or reward and
Use of the vehicles in connection with any other business of the Insured unless approved by our insurance,
Use of the vehicle for fast food deliveries, hawking, dealing or general street trading or market trading
Hires other than credit hires where payment is made in cash unless approved by our insurance prior to the commencement of the hire
b) for any unlawful purpose or in contravention of any Act, Order, Regulation affecting the motorcycle or its use or construction.
c) to propel or tow any other motorcycle or trailer.
d) for racing, pacemaking, reliability trials, hillclimbs, motocross or speed testing or any competitions of any kind or for any purpose deemed beyond capacity or in a manner likely to result in undue deterioration. If anyone other than the hirer uses the machine without the consent of the owner, the liability of the hirer here under shall extend to that use.
e) to carry greater number of passengers and/or more baggage than recommended by the Manufacturer.
f) by any person other than the Hirer who has signed the Rental Agreement or who has been nominated as the Rider by the Hirer and approved by the Lessor.
g) 1.If under the minimum age of 21 years old and more than 70 years old and held a full UK licence for less than 1 years
2. Has had their licence restricted by the DVLA or DVA
3. Has been convicted of ANY of the following motoring offences AC/BA/CD/CU80/DD/DR/UT/ XX within the last 5 years. Or convicted of more than ONE of the following motoring offences in categories CU(other than CU80)/IN/LC/MS/MW/PC/PL/SP/TS in the last 3 years
4.Has been involved in more than one accident in the past 5 years.
5.Is
a) A professional sportsman entertainer actor model or musician
b) Member of the UK armed forces under 25 years of age
c) A member of the armed forces of another country
(Drivers not meeting these requirements will be considered on referral to our insurance providers. Permission to drive must be received prior to commencement of the hire. )

h) by any person not holding a valid current licence, including where necessary or appropriate a CBT (Compulsory Basic Training) Pass Certificate.
i) in any manner which may render the applicable insurance policy void.
j) outside England, Northern Ireland, Scotland or Wales without the Lessors consent: ln which event, adequate insurance for the purpose of Foreign use must, prior to any travel commitment or arrangement, be in force and the provision of same shall be subject to separate and additional insurance premium, payment of which shall fall to the Hirer.
k) The loading of the motorcycle should not exceed the limits laid down by the manufacturer.
4. Where a person signing this Agreement purports to do so on behalf of another, they warrant that they are authorised to do so and in such case is deemed to act as Agent Universal, but in any event shall remain personally liable to the Lessor.
5. Neither the Hirer nor any servant as Agent of the Hirer is or may hold himself out to be the Servant or Agent of the Lessor for any purpose whatsoever.
6. The Hirer is not authorised to effect any repairs, interfere, adjust or attempt to repair the Vehicle nor to incur any cost on the Lessors Account without the Lessors express prior consent. In the event of damage or breakdown occurring shall immediately inform the owner.
7. The Lessor is not and cannot be held liable for loss or damage to any property stored, transported in or on the motorcycle after it has been returned to the Lessors possession.
8. The Hirer expressly acknowledges personal liability to pay Lessor on demand:
a) the Rental due under this agreement together with, where specified, a mileage charge computed at the rates specified for the rental until the motorcycle is returned (the number of miles over which said motorcycle shall be operated under this Agreement shall be determined by reading the speedometer installed by the Manufacturers. If the speedometer fails, the mileage charge shall be calculated in accordance with the road map GPS data distance of the journey travelled).
b) time, and miscellaneous charges at the rates specified in this Agreement.
c) Lessors costs, including reasonable legal fees incurred in collecting payments due from the Hirer.
d) compensation for Lessors loss of use of the motorcycle whilst being recovered at the termination of this Rental OR whilst being repaired consequent upon any collision or other damage suffered before the motorcycle was returned to the Lessors place of business.
Fixed Penalties Fines etc.
9. The Hirer shall be liable as owner of the motorcycle in respect of: a) any fixed penalty offence committed in respect of that motorcycle

under Part 111 and the relevant schedules of the Road Traffic Offenders Act 1988 as amended by the Parking Act 1989 and as those provisions may be amended or replaced from time to time;
and
b) any excess charge which may be incurred in respect of the motorcycle in pursuance of an order under Sections 45 and 46 of the Road Traffic Regulation Act 1984 as amended by the Road Traffic Offenders Act 1988 and by the Parking Act 1989, and as those provisions may be amended or replaced from time to time;
and
c) any financial penalty or charge which may be demanded by any Person, Corporation or Authority as a result of the motorcycle being parked or left upon land which is not a public road.
d) The Hirer agrees that any fixed penalty fine or associated charge including in-pound (pounding) costs incurred by the Hirer whilst the vehicle was in his/her custody will be charged to the Hirer’s credit/debit card at a time during or subsequent to the hire or when such fines are received by the Lessor. The Hirer also agrees to pay an administration fee of £25 for each fine received payable to the Lessor for dealing with these matters.
Insurance provided by the Lessor
10. Unless the Hirer elects to provide own insurance,(cover note required), the motorcycle is, at all times, covered by the Lessors Insurance policy, the terms of which are available for inspection by the Hirer at the Lessors office. The Hirer shall, however, remain liable for any loss or damage to the motorcycle as a result of the wilful act or negligence of the Hirer, his agent(s) or servant(s) or any breach of the terms of the insurance policy and shall indemnify the Lessor from any third party claim, whether consequential or otherwise, which arises therefrom. The insurance provided by the Lessor is relevant to the motorcycle described in section (3) of the hire agreement, it does not cover the Hirer/rider or pillion passenger for any personal injuries or losses if or however sustained.
The insurance provided does not cover for punctures or accidental breakages, such as mirrors, levers, footrests etc. A security deposit is required for each vehicle which will be used to compensate the Lessor for such damages and only to the amount of repair or replacement cost of such items.
Hirers Obligations in the event of an Accident
11. The Hirer agrees to protect the interest of the Lessor and the Lessors Insurers in the case of an accident during the term of this Rental and shall immediately report to the Lessor any accident in which the motorcycle detailed and described in Section (1) of the hire agreement is involved and shall;
a) make every endeavour to obtain the names and addresses including vehicle licence plate details of all parties involved.
b) obtain the names and addresses of any witnesses.

c) not admit liability or guilt.
d) notify police immediately if another party’s guilt has to be ascertained and/or if people are injured.
e) ensuring adequate provision for safeguarding and securing the hired vehicle if deemed unfit to continue the journey.
f) provide the Lessor with a detailed written report, including diagram, on a “Particulars of Motorcycle Accident Report Form” obtainable from the lessor.
Data Protection Act 1984
The Lessor and Hireguard use a national database in conjunction with insurers to aid avoidance of;
a) fraud.
b) multiple claims.
c) bogus hirers
and to monitor Hirer/drivers performance.
In compliance with the said Act Hireguard is the Data User and is accordingly licensed by the Data Protection Registrar, Registration Number N 0802 12 1.
Film/Media Use; If the vehicle hired is to be used for film or media purposes,it is the sole responsibility of the Hirer to obtain permission from the relevant Council/Local Authority or Landowner for where such activities will take place. The Lessor cannot be held liable for any subsequent action taken due to proper consents not being obtained by the Hirer.
If the hirer does not comply with any of these conditions contained in this document, the hirer agrees to indemnify the owner against any loss he/she suffers in consequence of any damage, fire and theft to or of the machine and any claims made by a person in respect of the machine whilst it is in the custody of the hirer.

I fully understand that machines are hired for the purpose of Motorcycle training and testing, and that my fee includes Third Party Insurance only and all damage caused to the machine on the road and in the training area will be covered by the hirer (myself), as well as insurance excess incase of an accident and the costs are incorporated as an integral part of this agreement. I nearby acknowledge and agree to my deposit and Pre Authorised card be used for this purpose.
BCK Motorcycles does not cover hirers personal, injury or damage to or loss of possessions. Hirers should ensure they have their own cover for these risks.

Theft Protection:
I except that I am liable for £1000.00 should the bike be stolen.

DECLARATION BY HIRER – Memorandum of Agreement;

I/We declare that:
a. if any answer has been printed or written by any other person, he/she shall be my agent for that purpose. I also confirm that any data which I have supplied in this form about other persons is given with their knowledge and authorisation
b. to the best of my/our knowledge and belief the information given in this form is correct and complete in every detail

The owner will let and the hirer will take the machine for the length of term above stated at the rent above stated and on the terms and the conditions of the hiring (overleaf) which the hirer has read and by which he/she agrees to be bound.

It is the Hirer’s responsibility that any damage accrued whilst on hire regardless of situation or fault is Invoiced to the hirer for payment.

If the amount owed for the damaged parts to the motorcycle and or including additional transportation and Labour costs, is not paid within 30 days of the damage occurring, the Hirer will be liable to pay 30 days hire charges at a rate of £300.00 per week.

Any additional week thereafter is charged at the reduced rate of £250.00 until the charges are settled in full regardless if the bike is deemed road worthy or not.