The Bike Hire Company: Ostral Pty Ltd t/a Ride Byron Bay Bikes
1. GENERAL
(a) Definition of the Law This Contract is an agreement the hire of bicycles and accessories, (The “Equipment”) and the sale of (the “Goods”) detailed overleaf and will be governed by Australian law. The parties to the contract are:
(i) The first person named is (the “Hirer”)
(ii) The Bike Hire Company (the “Supplier”)
(iii) Where the hirer is not an individual acting in person, the person who’s the first person named that appears on the form (the “Signatory”). No variation or addition to this contract shall be effective. If any condition is held to be invalid the others will not be affected. A decision not to enforce any condition will not constitute a waiver of the supplier’s rights.
(b) Extent of the Contract and non assignability. The contract will be effective when the Hirer places a detailed order and the Supplier has accepted it. The Contract is not assignable.
(c) Termination of the contract: If the Hirer is in breach of the contract, the supplier may terminate the Contract and repossess the equipment without affecting any rights to recover monies due including damages for breach of the Contract or any other remedies.
(d) Ownership of the Equipment and Goods: The Equipment remains at all times the property of the supplier.
2. HIRE CHARGES
(a) Basis of charging: Charges and commencement dates are as stated on the hire online form and charges include Saturdays, Sundays and Public holidays until the Equipment is returned. The Hirer will pay all moneys due, including GST (if any) on demand. The Hirer will be liable for any reasonable legal charges incurred by the Supplier in the recovery of the amounts due.
(b) Deposits / guarantee.
Deposits are set at amounts reasonably required, normally being the replacement value of the equipment and may be used to set against any moneys due. Balances are refunded to the Hirer or Signatory upon the return of Equipment in good condition. If the Hirer pays the deposit/guarantee by credit/debit card, supplying credit/debit card details to the Supplier (electronically or otherwise) he/she authorises the Supplier to debit the amount due from the credit/debit card company for settlement for monies due. The Hirer may be charged 2% to cover the credit card Company’s commission.
3. HIRER’ S RESPONSIBILITIES
(a) Damage or loss costs. The hirer will pay for Equipment loss. Severe damage or Equipment loss will result in charging full replacement costs. Hire charges will accrue until settlement is made. The Hirer will also pay the cost of damage repair.
Delivery inspection and receipt of Equipment and Goods.
The Hirer/signatory will examine the Equipment or goods at physical hand-over to ensure satisfaction, any defects of the Equipment must be drawn to the suppliers attention at this time.
(b) Return of Equipment. Equipment may be returned to or picked up at a prearranged address by The Bike Hire Company or authorised agent.
(c) Security of Equipment. The Hirer assumes responsibility for the Equipment and undertakes not to sell, rehire or part with possession, alter, repair or modify it in any way. When bikes are left unattended, they must be securely locked to an immovable object or locked in a secure room.
(d) Maintenance of Equipment, and breakdown procedures. The Hirer is responsible for safety, safe use, serviceability and cleanliness of the equipment throughout the hire period and must immediately notify the supplier of any breakdown or shortcomings without attempt of repair.
(e) Daily inspection. The hirer agrees to inspect the equipment every day, to ensure that it is safe to use. Inspection must include, brakes are working correctly, front and back, wheel bolts/quick release mechanisms are securely holding wheels in position. if any defect is found during inspection, you must not use the equipment until a remedy has been sought.
(f) Signatories Warranty. The signatory warrants that he/she is authorised by the Hirer to enter into this contract and indemnities the Supplier against all losses and costs incurred if such authority is misrepresented.
(g) Accessories: Bike baskets, Bike surfracks, Bike lights. It is the hirer’s responsibility to ensure this is used and attached properly.
4. NIGHT RIDING.
The bikes and associated equipment do not come with lights for night riding as it is optional. Therefore riding during the hours of darkness is strictly forbidden if no bike lights option has been undertaken. We can supply front and back lights at extra cost if you need to ride by night.
5. SAFETY PROCEDURES
(a) Acknowledgement of safety instructions and safe use. The hirer/user when cycling in Australia must observe the Australian “Highway Code” and road traffic laws at all times, or the rules/laws of the road in the country that he or she is cycling.
(b) The Hirer must be in good physical health, the Supplier can not be held liable for any medical condition that might be aggravated by physical exertion.
(c) The hirer indemnities the Supplier against any expense liability, loss or claim proceedings for any personal injury and damage to or loss of any property arising from or in connection with the Contract.
(d)The Hirer accepts that cycling is inherently dangerous.
(e) If you are involved in an accident do not make any admission of liability.
(f) If you are involved in an accident do not make an offer to pay the other persons claim.
(g) If you are involved in an accident do not attempt to negotiate a settlement with the other person without the Suppliers consent.
6. SUPPLIER’S RESPONSIBILITY
Supply of Equipment and Goods and limitation of liability. Liability for claims made by the Hirer will not exceed the period hire charges of Goods, or nor extend to any consequential or financial loss, liability caused by late or non-delivery of Equipment and/or Goods or it’s unsuitability, breakdown or lawful repossession. The Supplier may substitute items of similar quality, specification or performance when necessary. Subject to the above the Supplier will not be liable for any negligence in the performance of its obligation under this Contract.
The Supplier has given instruction on how to use the equipment and safety procedures pertaining to the safe use of the equipment.
7. CANCELLATION of BOOKINGS
On receiving a confirmed order by e-mail, online or other, the terms of cancellation are: Up to 24 hours before the hire period is due to start full refund of fees paid, minus administration fee of $10.00. Less than 24 hours before the hire period is due to start you will be charged the first 24 hour rental fee. This fee is non refundable. Remaining rental days will be refunded with no administration fee applied
8. PAYMENT
Payment due at time of booking.
9. OTHER
By accepting the aforementioned Terms and Conditions, the hirer and supplier enter into a legally binding agreement. By accepting the aforementioned Terms and Conditions, the hirer confirms that they have received comprehensive instructions for the safe usage of the equipment. The hirer acknowledges their responsibility to maintain the equipment in accordance with the manufacturer’s specifications and maintenance procedures.