Spyder Club Trip Terms and Conditions
Cancellation Policy
- A 25% non-refundable deposit is requested to confirm your booking.
- Spyder Club reserves the right to cancel any dates where a minimum of four guests have not subscribed. In this event a full refund would be offered.
- Late payment may result in the loss of your deposit and cancellation of your trip.
- Payment will not be refunded if cancellation is within 8 weeks of the trip commencement but the trip can be transferred to another guest at no additional charge.
- If cancellation is made due to illness or other personal circumstances Spyder Club can issue an invoice whereby the guest can claim a refund from their personal travel insurance.
- Spyder Club will not refund the cost of the trip under exceptional circumstances in which case we would try to offer an alternative. Exceptional circumstances include: war, riots, civil unrest, terrorism, natural disaster and any unforeseen cancellations due to industrial disputes and/or weather.
- Motorbikes may be substituted where unavoidable.
- If, due to circumstances beyond Spyder Club’s control, a motorcycle is no longer available for use, Spyder Club will endeavour to offer an alternative motorcycle.
- Spyder Club will endeavour to provide a trip as near as possible to that described however we are unable to control any deficiencies in service due to local conditions, maintenance and weather.
- Any safety briefings and bike briefings must be attended.
- Riders will be expected to comply with the agreed routes. Any additional mileage will be charged at £0.55 per mile at Spyder Club’s discretion and the rider may be asked to leave the trip.
Your Responsibilities
- To advise Spyder Club of any illness, infirmity, allergies or dietary requirements
- To advise Spyder Club of any changes to your situation which may invalidate Spyder Club’s insurance ? please see attached terms and conditions
- To be a competent rider comfortable riding any of the bikes in Spyder Club’s fleet
YOU MUST HAVE:
- Valid UK passport (ensure visa is not required if non-UK)
- European Health Insurance Card (EHIC) which can be obtained at www.ehic.org or Post Office
- Personal travel insurance for you and your pillion (where applicable), please ensure this covers you to ride a ‘hired’ motorcycle over 500cc. This must also include any possible repatriation in the event of serious illness or accident. www.bikerstravelinsurance.co.uk may be able to help.
Roads
- Some roads although providing an excellent experience some riders may find challenging, please raise any concerns or questions you may have with a Spyder Club representative.
- Spyder Club will in no way accept responsibility for guests riding without due care and attention.
- Motorcycling is an inherently dangerous sport and, except in the case of negligence on the part of Spyder Club, the use of motorcycles is at the Rider’s own risk.
Spyder Club Limited Terms and Conditions
1. Interpretation
1.1 In these conditions, the following words have the following meanings:-
"Authorised Foreign Motorcycle Licence Holders" means an Applicant holding a motorcycle licence that has been issued to the Applicant by a national authority from the European Union or the United States of America, Australia, Canada, New Zealand or South Africa;
"Contract" means any Contract between Spyder Club and the Rider for the provision of motorcycle self drive hire services incorporating these Conditions;
"Driving Conviction" means conviction of an offence in connection with the driving of a motor vehicle or motorcycle and/or licence endorsement, licence suspension or penalty points being imposed. Parking and not more than two speeding offences accounting for 6 points in the past 3 years may be ignored. "Spent" convictions covered by any legislation providing for the rehabilitation of offenders may be disregarded.
"Disability or Condition" means mental or physical defect or infirmity or fits, epilepsy, diabetes, heart condition, any heart complaint and any other disease, disorder, illness or physical infirmity, which could affect the driving of a motor vehicle or motorcycle;
"Rider" means anyone authorised by Spyder Club to use a Spyder Club motorcycle;
"Motorcycle" means a motorcycle made available by Spyder Club to a Rider for self-drive hire and the expression "Motorcycle" shall include the Motorcycle’s keys, documents and accessories supplied with the Motorcycle;
"Restricted Occupation" means an occupation that engages person wholly or partly in:
1) professional entertainment and/or professional sports;
2) horse racing (including Jockeys), greyhound racing, racing of any sort and/or gambling of any sort;
3) personnel of the foreign armed forces and/or a foreign Embassy; and
4) being unemployed and /or a student;
"Security Deposit" means the value of the insurance excess shown in Condition 9;
"Service Centre" means Spyder Club’s nominated address for the duration of the trip
"Spyder Club" means Spyder Club Limited a private limited company registered in England and Wales under company number 05842996;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. The Contract
2.1 Spyder Club reserves the right to repossess the Motorcycle at any time without demand at the Rider’s expense if the Rider is in serious breach of these Conditions.
3. Motorcycle Collection
3.1 The Rider agrees that prior to the driving away of the Motorcycle they will:-
(a) gain access to the Motorcycle using keys provided by Spyder Club;
(b)
together with a representative of Spyder Club, inspect the Motorcycle for any damage. Any damage shall be shown on the "pre-hire damage report"; and
3.2 Once the Rider gains access to a Motorcycle the Rider will be responsible for the Motorcycle until the Motorcycle is returned to a Spyder Club representative from which it was collected in its original condition and the Motorcycle is locked.
4. Motorcycle Return
4.1 The Motorcycle must be returned by the agreed drop off time and date having used the mileage allocated by Spyder Club to the Service Centre.
4.2 The Motorcycle will be returned to the relevant Service Centre together with:-
(a) the Motorcycle’s keys; and
(b) all documents and accessories present at the time of collection in the same condition as they were on collection.
4.3 The Rider will remove all personal possessions from the Motorcycle and shall agree with a representative of Spyder Club the total mileage travelled by the Motorcycle during the hire period.
5. Charges for late return
5.1 If the Motorcycle is not returned by the agreed drop off time and date to the relevant Service Centre, Spyder Club is entitled to charge the Rider at the agreed rate of damages until the Motorcycle is either returned or recovered.
6. Charges for return of Motorcycle in poor condition
6.1 If the Motorcycle is not returned in the same condition as it was on collection (notwithstanding dirt and normal wear and tear), Spyder Club is entitled to charge the Rider for the cost of valeting, and/or servicing the motorcycle (including the cost of spare parts), in addition to the charges arising under condition 7. For example if a bike specifically determined for road use has been ridden on track or other uses deemed unacceptable by Spyder Club.
7. Other charges
7.1 Spyder Club retains the right to charge its Riders certain charges as agreed damages in those cases where the Riders do not follow these Conditions either intentionally or unintentionally.
7.2 Spyder Club will take into account any extenuating circumstances, however the final decision to impose a charge on the Rider lies solely with Spyder Club.
7.3 In accordance with the charges set out, the Rider shall pay or reimburse Spyder Club on demand the sum of:
(a) any applicable administration charges;
(b) any applicable charges arising under condition 11;
(c) any excess mileage charges relating to the distance travelled whilst the motorcycle is in hire over and above the Rider’s allocation;
(d) any fines, penalties, court costs or other expenses imposed on Spyder Club by law, arising from the use of the Motorcycle while on hire to the Rider, (unless due to Spyder Club’s fault). Payment by the Rider does not relieve the Rider or any person of direct responsibility to any public authority for the Rider’s unlawful acts or omissions;
(e) Spyder Club’s costs, including reasonable legal fees and administration charges incurred in collection of amounts due from the Rider under the Contract to the extent that such costs and charges would be recoverable by Spyder Club in successful court proceedings;
(f) any amounts due under the Contract relating to the loss, damage or late return of the Motorcycle;
(g) any sums incurred by Spyder Club in connection with the recovery of the Motorcycle, or otherwise incurred by Spyder Club due to the Rider’s acts or omissions; and
(h) any sums arising from the loss or damage to the Motorcycle’s keys (including supply of replacement keys).
8. Responsibility of the Rider
8.1 The Rider is responsible for the first £750.00 (if a current Spyder Club member) or £1,000 (if a non-member) towards the insurance excess for damage, loss and/or theft when the amount claimed does not exceed, £14,999.99. Damage includes excessive tyre wear over and above what would reasonably be expected for the period of hire.
8.2 The Rider is responsible for paying any permits to park the Motorcycle during the hire period together with any fines, tolls or charges levied as a result of using the Motorcycle.
9. Motorcycle care
9.1 The Rider is responsible for the safe keeping of the Motorcycle whilst it is on hire to the Rider. The Rider must:
(a) make sure the Motorcycle is locked and secure when not in use;
(b) make sure the Motorcycle’s keys are not kept with the Motorcycle when it is not is use;
(c) use the correct fuel;
(d) set and use any security devices either fitted on or supplied with the Motorcycle;
(e) keep the Motorcycle’s keys secure.
9.1 The Rider must check the oil and water on collection and subsequently during any trip, by monitoring the oil warning light and temperature gauge.
9.2 The Rider must not make any alterations to the Motorcycle.
9.3 The Rider is responsible for the keys issued to them and undertakes not to allow them to be used by any other persons unless authorised by Spyder Club.
10. Conditions of use
10.1 The Rider must not allow the Motorcycle:
(a) to be used to carry passengers for hire, reward or any other kind of remuneration;
(b) to be used to carry goods of a hazardous or dangerous nature or of excessive size or weight;
(c) to be used to propel or tow any motorcycle, trailer or other object without the prior written agreement of Spyder Club;
(d) to be used to take place in any race, rally, pace making, trials, speed testing or other contest or, except with the prior written agreement of Spyder Club, any racetrack or off-road facility of any kind;
(e) to be used whilst the driver is under the influence of alcohol, drugs or any substance impairing their consciousness or ability to react: in contravention of any traffic regulations;
(f) to be driven by any other person (including any Spyder Club member) who has not been authorised by Spyder Club; and
10.2 Failure to comply with the conditions of use may result in the charge of the agreed damages payments and / or the recovery of the Motorcycle without notice at the Rider’s expense.
10.3 Riders must attend the compulsory safety briefing every morning before the day’s riding.
10.4 Riders should remain with the designated Spyder Club tour leader at all times when riding and follow their instructions. Failure to do so could result in the rider being asked to leave the tour with no monies being refunded.
10.5 If the designated Spyder Club tour leader judges any rider to riding unsafely or illegally the rider may be asked to leave the tour with no monies being refunded.
10.6 The Rider shall notify Spyder Club immediately if the Rider is involved in an accident involving a motorcycle that he or she is driving (whether or not a Spyder Club motorcycle) and whether or not during a period of hire of a Spyder Club Motorcycle.
10.7 The Rider agrees to notify Spyder Club immediately (or at least 1 week before the next booking, in any event) if any of the following events occur:
(a) the Rider’s driving licence is endorsed;
(b) the Rider’s occupation changes to that of a Restricted Occupation;
(c) the Rider suffers from a health related complaint that restricts the Rider’s ability to drive safely.
10.8 The Rider shall observe the rules and procedures as set out.
11. Insurance and eligibility of Use
11.1 Spyder Club has in place insurance cover for the Riders using the Motorcycles with Spyder Club’s permission (and not otherwise) and in accordance with a Comprehensive Motor Insurance Policy. This policy meets all applicable statutory requirements and protects Spyder Club and the authorised driver (the Rider) for the Motorcycle against any legal claims from third parties for personal injury or material damage caused by the use of the motorcycle.
11.2 The insurance does not cover damage to any premises belonging to or in the possession of the Rider or the Rider’s employer or to property belonging to or held in trust by or in the custody or control of the Rider or Rider’s employer.
11.3 Only Applicants from the United Kingdom (UK) or Authorised Foreign Motorcycle Licence Holders between the ages of 25 years and 70 years will be considered for Membership. The applicant must satisfy the following criteria:
(a) hold a full and valid UK European Union, United States of America, Australian, Canadian, New Zealand or South African motorcycle driving licence for two years; or, if a non-UK applicant, hold a full and valid motorcycle driving licence for two years;
(b) have no Driving Conviction;
(c) have at least two years’ no claims discount;
(d) not be involved in a Restricted Occupation;
(e) hold a valid current UK credit card with an available credit of at least /£1,250;
(f) not have a Disability or Condition unless the Applicant has notified the DVLA and the DVLA has issued a valid driving licence in light of the Disability or Condition without imposing any restriction on the Applicant;
(g) has not had their insurance declined and/or renewal refusal and/or special insurance terms imposed upon them and/or have cover cancelled by a motor insurer; and
(h) has not whilst driving been involved in more than two accidents in the last three years.
11.4 Applicants that are not UK or Authorised Foreign Motorcycle Licence Holders may be considered for the trip if they satisfy the conditions in 12.3 above and can prove that they have 3 years’ recent and regular driving experience of a motor vehicle and a motorcycle in the UK.
11.5 Spyder Club (or persons acting on Spyder Club’s behalf) will conduct negotiations and agree any settlement with insurers. Any insurance monies in respect of loss or damage to the Motorcycle will be paid to Spyder Club or such persons as Spyder Club may direct.
11.6 If a Rider notifies Spyder Club of any of the occurrence of any of the events specified in Condition 11.3 or Condition 11.4 above and Spyder Club’s insurers shall withdraw insurance cover for the Rider, Spyder Club will refuse the rider on the trip and any monies paid will not be returned ? subject to Spyder Club’s discretion.
11.7 If the actions or negligence of the Rider which invalidates insurance cover held by Spyder Club for any reason and results in the loss of cover provided under the insurance policy, the Rider for will be liable for any reasonably foreseeable losses incurred by Spyder Club.
12. Accidents
12.1 If the Rider is involved in a road traffic accident whilst using the Motorcycle, the Rider must report the road traffic accident immediately to the Police regardless of personal injury, loss and/or damage.
12.2 The Rider must report the accident to Spyder Club as soon as practically possible, providing the Police reference number.
12.3 In the event of an accident the Rider shall not make any admission of responsibility or guilt which would be binding upon Spyder Club or its insurers, or promise to pay any third party, or attempt any repair to the Motorcycle.
12.4 The Rider shall fully complete a Spyder Club accident form on request.
12.5 The Rider shall co-operate with Spyder Club, its insurers and the Police in any investigation or subsequent legal proceedings.
13. Theft
13.1 If the Motorcycle, its keys and/or documents and accessories present at collection, are stolen the Rider must report the theft immediately to the Police and then to Spyder Club as soon as practically possible, providing the Police reference number.
13.2 The Rider shall fully complete a Spyder Club theft form on request.
13.3 The Rider shall co-operate with Spyder Club, its insurers and the Police in any investigation or subsequent legal proceedings.
14. Damage and vandalism
14.1 If the Motorcycle, its keys and/or documents and accessories present at collection, are damaged the Rider must report the theft immediately to Spyder Club. If the damage was caused by, or the suspected cause was vandalism the Rider must notify the Police and provide Spyder Club with the police reference number.
14.2 The Rider shall fully complete a Spyder Club damage form on request.
14.3 The Rider agrees to co-operate with Spyder Club, its insurers and the police in any investigation or subsequent legal proceedings.
15. Personal Property
15.1 Spyder Club is not liable to the Rider for loss or damage to property left in or on the motorcycle either during the period of hire or afterwards unless the loss or damage results from Spyder Club’s negligence. Riders are not covered by Spyder Club’s insurance for the theft of possessions or valuables from Motorcycles.
15.2 Spyder Club is not liable to the Rider for any loss of or from, or damage to their own personal vehicle if left at Spyder Club premises at any time unless such loss or damage results from Spyder Club’s negligence. Parking provision is subject to availability.
16. Personal data
16.1 The Rider consents to the computer storage and processing of the Rider’s personal data by Spyder Club in connection with the Contract and to the transmission of this data for the purposes of Spyder Club’s legitimate interests including statistical analysis, marketing of Spyder Club’s services and credit control. If the Rider breaches the Contract, the Rider’s personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
17. Limitation of liability
17.1 Except for death or personal injury caused by Spyder Club’s negligent acts or omissions, Spyder Club shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of the Contract.
18. Motorcycle provision
18.1 Spyder Club will ensure, as far as is reasonably possible and in accordance with the Contract, that the Motorcycle is in a roadworthy condition and is regularly serviced.
18.2 Motorcycles are made available to Riders from the Service Centre from the booked start time and are accessed by the use of the keys provided. Once the Motorcycle has been checked for external damage or neglect, and where appropriate relevant details have been entered in the logbook, a Rider can then use the Motorcycle in accordance with the agreed terms and conditions.
18.3 In the event of a Motorcycle breakdown occurring, and once the Rider has requested assistance, a designated breakdown service provider will attend to the Motorcycle (according to the terms and conditions arranged with Spyder Club).
18.4 If, due to circumstances beyond Spyder Club’s control, a Motorcycle is no longer available for use, Spyder Club will endeavour to offer an alternative Motorcycle.
18.5 Spyder Club will maintain a fleet of Motorcycles available for hire to Riders. The precise constitution of that fleet of Motorcycles will change from time to time as Motorcycles are added and retired. Spyder Club will endeavour, so far as practicable, to maintain the same number, range and quality of Motorcycles as are available for hire to Riders as at the Date of Membership.
19. Term of the Contract
19.1 The Contract will remain in force for the duration of the trip and whilst the Rider is using a Spyder Club bike.
19.2 The Contract may be terminated with immediate effect by the Rider in the event that Spyder Club seriously breaches any of the terms and conditions of the Contract.
19.3 Spyder Club may terminate the Contract with immediate effect in the event that the Rider seriously breaches any of the terms of the Contract or the procedures set out.
20. Assignment
20.1 The right of the Rider to hire a Motorcycle is dependent upon the personal experience and qualifications of the Rider. Consequently, a Rider shall not be entitled to transfer any rights under the Contract to any other person.
21. Law and Jurisdiction
21.1 The Contract shall be governed by and construed in accordance with English law and in relation to any legal action or proceedings arising out of or in connection with the Contract. Each of the parties submits to the non-exclusive jurisdiction of the English Courts.
21.2
Contact details for Spyder Club for the duration of the trip:
Telephone Office 0845 2000 868
Emergency Number: 07884 076 457/8
Motorcycling is an inherently dangerous sport and, except in the case of negligence on the part of Spyder Club, the hire of Motorcycles is at the Rider’s own risk.
It is important that you read and understand the terms and conditions that will apply to this Membership before signing. If there is any term that you do not understand or do not wish to agree to, then please discuss it with a Spyder Club representative before signing.
