RENTAL AGREEMENT – RIDE BYRON BAY BIKES
Ostral Pty Ltd t/a Ride Byron Bay Bikes (“we”, “us”, or “the Supplier”)
ABN: 16117912
Address: 17 tamarind ct suffolk park NSW 2481
Email: contact@ostral.com.au
Phone: 0418883631
1. About this Agreement
By booking and paying for a hire, you (“the Hirer”) agree to these terms. This is a legally binding rental agreement between the Supplier and the Hirer for the temporary hire of bicycles, electric bicycles (ebikes), and accessories (together called “Equipment”).
This agreement is governed by the laws of New South Wales, Australia.
2. What “Equipment” Includes
“Equipment” means:
• Standard bicycles (including road, hybrid and similar push bikes).
• Electric bicycles (ebikes) that comply with Australian standards for electrically powerassisted pedal cycles (for example, maximum 250W and pedalassist limited to 25 km/h).
• Any accessories hired with them (such as helmets, locks, lights, baskets, racks or child seats).
If you hire an ebike, you must use it only in pedalassist mode and must not modify the motor, controller, battery or speedlimiting device.
3. Booking, Payment and Deposit
• Hire charges, start times and end times are shown during the online booking process.
• Full payment is due at the time of booking.
• A deposit or security card authorisation may be required to cover potential loss or damage.
• By providing credit or debit card details, you authorise us to debit the card for unpaid hire charges, loss or damage, after we discuss the amount with you.
You are responsible for returning any ebike with a reasonable level of battery charge. If the battery is returned with a very low charge, we may charge a small recharging or service fee.
4. Collection Locations and Delivery
Push bikes – self pickup
• Push bikes may be collected from locations nominated by us, including campgrounds, hostels and retail centres.
• These locations act only as our handover points. Your hire agreement is solely with Ostral Pty Ltd t/a Ride Byron Bay Bikes, not with the owner or operator of the collection site.
• We may change or add collection locations from time to time. Current locations are shown on our website or booking system.
Ebikes – delivery and handover
• Ebikes are delivered to a nominated address within our service area, as shown on our website or agreed at the time of booking.
• Hire of an ebike does not start until we have completed a facetoface handover and safety briefing with you (or another adult rider you nominate).
• At handover, you confirm that you have received and understood instructions on operation, charging, safe use and road rules.
5. Consumer Rights
Nothing in this agreement limits or excludes your rights under the Australian Consumer Law.
Our Equipment must be of acceptable quality, reasonably fit for the purposes described and provided with due care and skill. If the Equipment is not as described or develops a major fault, contact us as soon as possible to discuss repair, replacement or refund options as required by law.
6. Our Responsibilities
We will:
• Inspect Equipment daily when it is in our possession and carry out reasonable maintenance.
• Provide each bike or ebike with a helmet and a lock.
• Provide basic safety and operation instructions, and for ebikes, a facetoface briefing at delivery.
• Supply Equipment that is in good working condition at the start of the hire.
If the Equipment fails during hire, we will, where practical, repair or replace it within a reasonable time.
7. Hirer’s Responsibilities
By accepting these terms, you agree to:
• Carefully inspect the Equipment on collection or delivery before first use and tell us immediately if you notice any defect or safety concern.
• Use the bike or ebike safely, lawfully and responsibly and only for its intended purpose.
• Follow all instructions we give you about safe operation, including ebike operation and charging.
• Keep the Equipment securely locked when unattended, using the lock provided, and lock it to an immovable object where practical.
• Not sell, rehire, lend, modify or otherwise dispose of the Equipment.
• Return the bike, ebike and all accessories on time and in the same condition as supplied, fair wear and tear excepted.
• Before every ride, check that the brakes are working, tyres are properly inflated and quickrelease levers or wheel bolts are secure.
• Immediately stop using the Equipment and contact us if you notice any new defect, abnormal noise or safety concern.
You are responsible for the actions of anyone who uses the Equipment during your hire period.
8. Safety
• Cycling and ebiking involve risks. You hire and use the Equipment at your own risk as to the ordinary risks of cycling and ebiking, to the extent permitted by law.
• You must follow Australian road rules and wear a helmet while riding.
• You must not ride at night unless you have working front and rear lights fitted and turned on.
• You must not ride under the influence of alcohol, drugs or medication that may impair your ability to ride safely.
• You must ride within your skill level and avoid reckless or dangerous behaviour.
9. Accidents and Incidents
If you are involved in an accident or serious incident while using the Equipment:
• Stop riding as soon as it is safe to do so and check for injuries.
• If needed, call emergency services.
• Contact us as soon as reasonably possible and follow any reasonable instructions.
• Do not admit liability or negotiate any claim on our behalf.
• Provide us with details of any third parties, witnesses and any police report reference.
10. Loss, Damage, Theft and Tracking
General
You are responsible for loss of, or damage to, the Equipment during the hire period, except where the loss or damage is caused by our negligence or by a defect in the Equipment.
If the Equipment is damaged, you must:
• Tell us as soon as possible; and
• Pay the reasonable cost of repair, or if the Equipment is not reasonably repairable, its reasonable replacement cost (taking into account its age and condition).
Theft or nonreturn
If the Equipment is stolen or not returned:
• You must report the theft to police as soon as possible and provide us with the police event or report number.
• You must notify us immediately and cooperate with us and the police in any recovery efforts.
• You are liable for the reasonable replacement cost of the Equipment if it is not recovered, except where the theft or loss is due to our negligence or a defect in the Equipment.
Ebike tracking
• Some ebikes are fitted with GPS or similar tracking devices to assist with recovery if lost or stolen.
• By hiring an ebike, you consent to our use of tracking data for the purposes of locating and recovering the bike, investigating theft or nonreturn and managing our fleet.
• Tracking is applied to the Equipment and is not used for general monitoring of your movements beyond what is reasonably necessary for these purposes.
11. Insurance and Your Own Cover
• We do not provide personal accident, medical, or travel insurance for riders.
• You are responsible for arranging your own insurance (including travel insurance) for injury, medical expenses and property loss or damage arising from your use of the Equipment.
• Our public liability insurance applies only to our operations as required by law and does not provide you with personal accident cover.
To the extent permitted by law, you agree to rely on your own insurance for personal injury and property loss arising from the ordinary risks of cycling and ebiking, except where your loss is caused by our negligence or defective Equipment. Nothing in this clause limits your rights under the Australian Consumer Law.
12. Our Liability
• We are responsible for loss or damage you suffer that is caused by our failure to meet our obligations under this agreement or under the Australian Consumer Law, including where we fail to use due care and skill or supply defective Equipment.
• To the maximum extent permitted by law, we are not liable for indirect, special or consequential loss (such as loss of enjoyment of your holiday or lost bookings), even if we could have foreseen that loss.
• Nothing in this agreement excludes or limits liability that cannot be excluded or limited under Australian law.
13. Cancellation Policy
• If you cancel at least 24 hours before the hire start time, you will receive a full refund of hire fees paid, less a $10 administration fee.
• If you cancel less than 24 hours before the hire start time, the first day’s hire fee is nonrefundable. Any remaining days will be refunded without an administration fee.
• If we need to cancel due to safety, weather or operational reasons, we will offer you a reschedule or a refund in accordance with your rights under the Australian Consumer Law.
14. Risk Acknowledgment (TickBox)
Before completing your booking, you must acknowledge that:
• You understand that cycling and ebiking involve inherent risks, including falls, collisions and other accidents, which may result in personal injury, property damage or death.
• You accept these risks to the extent permitted by law and agree that you ride at your own risk in relation to the ordinary risks of cycling and ebiking, except where injury or loss is caused by our negligence or defective Equipment.
• You have read and understood the safety information provided and agree to follow it while using the Equipment.
15. Short Waiver
To the extent permitted by law, you waive any claim against us for personal injury, property damage or loss arising solely from the ordinary risks of cycling and ebiking, unless that injury, damage or loss is caused by our negligence or defective Equipment.
This waiver does not limit your rights under the Australian Consumer Law or any other law that cannot be lawfully excluded.
16. Online Acceptance
By ticking the “I agree” box, signing electronically or submitting your booking online, you confirm that:
• You have read and understood this agreement, including the Risk Acknowledgment and Short Waiver.
• You are at least 18 years old, or you are a parent or legal guardian accepting on behalf of a minor.
• You understand that this forms a legally binding agreement between you and Ostral Pty Ltd t/a Ride Byron Bay Bikes.
17. Contact and Dispute Resolution
We aim to resolve any issue promptly and fairly. If you have a concern or complaint, please contact us using the details at the top of this agreement. If we cannot resolve the matter, you may seek assistance through NSW Fair Trading or another authorised dispute resolution service.
Key points – before you agree
• You are hiring a bike or ebike and accessories from Ostral Pty Ltd t/a Ride Byron Bay Bikes.
• You book and agree online, and your contract is with us, not with the campsite/hostel/retail location where you collect a bike.
• Push bikes are self pickup from our nominated locations. Ebikes are delivered and include a facetoface safety briefing.
• We check bikes daily and supply a helmet and lock with every hire. You must use them and check brakes, tyres and wheels before each ride.
• You must ride safely, follow road rules, wear a helmet and not ride under the influence of alcohol or drugs.
• You are responsible for loss or damage to the bike/ebike and accessories during your hire (except where caused by our negligence or a defect), including theft if it is not properly locked.
• Some ebikes have GPS tracking to help locate them if lost or stolen. Tracking is for the bike, not for general monitoring of you.
• We do not provide personal accident or travel insurance. You should rely on your own insurance (for example, travel insurance) for injury, medical costs and personal property loss.
• Cycling and ebiking have inherent risks (falls, collisions, etc.). You ride at your own risk for those ordinary cycling risks, except where we are negligent or supply defective equipment.
• Nothing in this agreement takes away your rights under the Australian Consumer Law.
By ticking “I agree”, you confirm that you’ve read and understood both the full Rental Agreement and these key points.