Total Cycle Assist Terms and Conditions
Total Cycle Assist Terms and Conditions
Total Cycle Assist has been designed to be fully inclusive of all the bicycles (regardless of type or value) owned by You.
In the event that You are involved in a road traffic accident with a motor vehicle while cycling on a public highway within the UK where the accident is
• not Your fault, and
• where there is an identified and insured at-fault third party, and
• which has resulted in injuries to Your person, and
• for which damages are likely to exceed £1,000, and
• for which You choose to bring a personal injury claim with our chosen specialist solicitors,
the following Member Services will be available to You:
2.1 Specialist legal support:
The specialist solicitors we appoint on Your behalf will provide You with comprehensive legal support.
The solicitor/client relationship between You and our specialist solicitors is governed by the conditional fee agreement and other terms and conditions outside the ambit of this document and will be explained to You fully and transparently and in plain English by these solicitors from the start of Your claim.
2.2 Cycle repair:
Your cycle will be repaired by whichever of our Trusted Repairers is best qualified to do so as close to where You reside as possible and we shall pay for these repairs upon full admission of liability by the third party's insurers. The cost of the repairs will be recovered by us from the at-fault party's insurer.
Once in the hands of the repairers the damage to Your cycle will be assessed and a decision made:
(1) is Your cycle repairable? or
(2) is Your cycle damaged beyond repair?
If in the opinion of the repairers Your cycle is repairable, it will be repaired free of charge and You will not even be required to pay any excess in order for the repairs to be completed.
2.3 Same-value replacement cycle:
If in the opinion of the repairers Your cycle is not repairable, You will be entitled to a replacement cycle of a value equivalent to the actual value of Your cycle at the time of the road traffic accident in which is damaged beyond repair and we shall pay for the replacement cycle upon full admission of liability by the third party's insurers.
We will liaise with the repairers and/or any other suitably qualified personnel as we see fit in our discretion to consult and obtain their evaluation as to what Your cycle was worth prior to the accident and to develop a reasonable assessment for negotiation with the at-fault third party insurers to enable a like-for-like equivalent cycle to be procured. Once we have been advised of this value, we will instruct the specialist solicitors handling your personal injury claim to negotiate this value with the at-fault third party insurers to enable them to reach a suitable settlement for You.
Once this value is agreed with the at-fault third party insurers, we will issue You with a voucher in Your name for that amount which we will post to Your home address. You then need only return to the cycle repair shop to whom Your cycle was taken for assessment with this voucher and collect the new cycle of Your choice.
You may, if you choose, use the voucher in part payment towards a more expensive cycle. In other words, if the amount stated on the voucher is (for example purposes only) £800, and you wish to collect a new cycle priced at £1,000, You need only pay £200 in cash yourself and the balance of £800 is satisfied by the voucher.
The cost of the replacement cycle will be recovered by our solicitors from the at-fault party's insurer.
2.4 Private physiotherapy and rehabilitation treatment:
As part of Your personal injury claim You will be entitled to a private medical assessment by a specialist medical expert at a clinic local to where You reside. Based on the results of this expert's assessment, and upon full admission of liability by the third party's insurers, You will be offered the physiotherapy and rehabilitation treatment most suitable to Your injuries as recommended by the specialist medical expert at a private clinic as local to where you reside as possible.
You can inform us about a cycling accident either by phone, email or via our contact page. Your membership documentation includes more details of this contact information and the response times in relation to Your claim.
Our straightforward and clear process is designed from start to finish to make this difficult situation as palatable as possible:
• We will handle all the communication with the at-fault party's insurer
• We will take care of all the paperwork and administration for you
• We will arrange for all the repairs or replacement of your cycle
As a Total Cycle Assist member, You will be kept fully and regularly informed on progress.
From time to time it will be necessary for us to email You in order to keep you informed of any upgrades You're entitled to, including discounts, special offers, changes to your membership, renewal notification and so on. By clicking the box on our joining page to confirm that You have read and understand these Terms and Conditions You are giving us your consent that we may communicate with You via email in order to keep You informed of these important matters.
We have a zero tolerance policy when it comes to fraud. We will not hesitate to press criminal charges and, if appropriate, make a civil claim against You as well for recovery of monies paid out by ourselves, plus any general and legal costs if we find that You have deliberately misled us. And/or if You have falsified information regarding the circumstances of Your accident or any other matter pertinent to the provision of our services to You and/or have in any other material way not acted with the same good faith as we ourselves act in our dealings with You for the purposes of material gain (for example in order to obtain a new replacement cycle that You do not deserve based on the true circumstances).
Where You have been granted a period of Total Cycle Assist membership free of charge, this shall be the only period that is free of charge. Subsequent renewal or other extension of Your Total Cycle Assist membership shall be charged for.
You can cancel your Total Cycle Assist Membership at any time. You can do so directly on the TCA Membership Removal page of our website ('Direct Cancellation'), or you can notify us of your wish to cancel by telephone, email, or via the contact page on our website ('Cancellation Notice').
If you cancel your Total Cycle Assist Membership within 14 days of joining or renewing your Membership where you have paid to join or renew, we shall refund your money in full and without charge within no more than 7 calendar days from the date we receive your Cancellation Notice or from the date of your Direct Cancellation. This does not affect your statutory rights.
Total Cycle Assist Terms and Conditions 01/03/19
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