Online E-bike Hire

HIRE TERMS & CONDITIONS

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS DOCUMENT YOU ARE AGREEING TO THE FOLLOWING HIRE TERMS & CONDITIONS.

NB: PAYMENT BY YOU (EITHER ONLINE OR PROCESSED MANUALLY BY BICYCLES VICTOR HARBOR) FOR YOUR ORDER, ALSO CONSTITUTES ACCEPTANCE OF THESE HIRE TERMS & CONDITIONS, WHETHER SIGNED OR NOT.

The following Hire Terms & Conditions (“Conditions”) record the agreement between Bicycles Victor Harbor and you for the hiring of Equipment by you at your request.

These Conditions constitute a legally binding contract between Bicycles Victor Harbor and you. We recommend that you read these Conditions carefully before signing them or confirming your order.

1. Definitions

1.1 “Agents” means other places of business who act on behalf of, and with the authority of Bicycles Victor Harbor to provide Equipment to Customers for an agreed commission rate payable to the Agent and includes the employees and representatives of the Agent.

1.2 “Agreement” means these Hire Terms & Conditions (including Acceptance of Risk Agreement & Release), the Schedule and the Hiring Fees.

1.3 “Bicycles Victor Harbor” means Keither Pty Ltd trading as Bicycles Victor Harbor, ABN 66 677 525 469 and includes its employees, representatives, contractors and Agents.

1.4 “Customer” is the person, firm, business or corporation named on the Schedule.

1.5 “Equipment” means any bicycle, helmet, lock and any other parts and accessories supplied by Bicycles Victor Harbor to the Customer.

1.6 “Hiring Fees” means the total amount payable by the Customer to Bicycles Victor Harbor for hiring of the Equipment or the provision of services by Bicycles Victor Harbor.

1.7 “Hire Period” means from the time the Customer takes possession of the Equipment and continues until the Equipment is returned to the designated place of hire or the agreed Customer’s nominated delivery address.

1.8 “Personal Injury” is bodily injury and includes mental and nervous shock and death.

1.9 “Recreational Services” are services that consist of participation in (a) a sporting activity or similar leisure-time pursuit; or (b) any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

1.10 “Rider” or “Riders” means all other persons using the Equipment hired by the Customer.

1.11 “Schedule” means the Hire Schedule annexed to this Agreement.

2. Authority of the Customer

2.1 The person signing this Agreement for and on behalf of the Customer and the Riders hereby covenants with Bicycles Victor Harbor that he or she has the authority of the Customer and the Riders to make the Agreement on behalf of both the Customer and the Riders and is empowered by the Customer and the Riders to bind the Customer and the Riders to this Agreement and hereby indemnifies Bicycles Victor Harbor against all losses, costs and claims incurred by Bicycles Victor Harbor arising out of the person signing this Agreement not, in fact, having such power and/or authority.

3. Customer over 18 years

3.1 The Customer or the person signing on behalf of the firm or corporation (“Customer’s representative”) warrants that they are over 18 years of age.

3.2 Bicycles Victor Harbor requires presentation of photographic identification as proof of age of the Customer or the Customer’s representative before or at the time of delivery. Bicycles Victor Harbor is under no obligation to deliver the Equipment if proof of age is refused.

3.3 Should a Rider be under the age of 18 years, then the Customer agrees to take full responsibility for the child’s safety, inspection of the child’s Equipment, and operation of the Equipment.

4. Hire Period

4.1 The Hire Period shall commence from the time the Equipment is delivered to the Customer by Bicycles Victor Harbor or its Agent and will continue until the return of the Equipment to the designated place of hire or the agreed Customer’s nominated delivery address.

4.2 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless consented to by Bicycles Victor Harbor in writing before the Customer signs this Agreement.

5. Hiring Fees, Charges and Payment

5.1 The Customer agrees to pay the Hiring Fees to Bicycles Victor Harbor at or before the time of delivery, or as per payment terms advised at the discretion of Bicycles Victor Harbor either verbally or via written, E-mail or Tax Invoice advice, unless otherwise agreed in writing by Bicycles Victor Harbor before the Hiring Period commences.

5.2 Any quotation of Hiring Fees given by Bicycles Victor Harbor must be accepted by the Customer within thirty (30) days, otherwise Bicycles Victor Harbor has the right to vary the Hiring Fees at its discretion.

5.3 At the discretion of Bicycles Victor Harbor, a deposit, bond and/or credit card details will be required for Equipment security as set out in the Schedule to this Agreement (“Security”). Such Security will be refunded or released upon return of the Equipment in a condition acceptable to Bicycles Victor Harbor.

5.4 GST and any other taxes (if applicable) shall be added to the Hiring Fees or any other fees under this Agreement, except where they are expressly included in the Hiring Fees or other fees payable.

5.5 In the event that the Customer or the Riders immediately notifies Bicycles Victor Harbor of any Equipment failure or breakdown, then the Hiring Fees will not be payable during the time the Equipment is not working, except where the Equipment failure or breakdown is due to the misuse or negligence of the Customer or the Riders.

5.6 Bicycles Victor Harbor will charge an Accessory Replacement Fee for any lost keys, locks, helmets, baskets or other parts and accessories (excluding bikes – see this Clause 5.8 below for Repair and Replacement costs on bikes).

5.7 Bicycles Victor Harbor will charge a Clean and Service Fee of $150.00 for any Equipment returned with excessive mud on it that requires a full clean and degreasing to return the Equipment to the condition it was at the commencement of this Agreement.

5.8 Bicycles Victor Harbor will charge, at its discretion, either the full Repair and/or Replacement Costs on all bikes not returned in the condition they were at the commencement of this Agreement due to damage caused directly or indirectly by the Customer or the Riders.

5.9 The Customer and the Riders will indemnify Bicycles Victor Harbor for all sums owing, including any interest and fees, and legal costs incurred in recovering any monies owed by the Customer and the Riders under this Agreement (on a full indemnity basis).

6. Customer Responsibilities

6.1 The Customer and the Riders accept full responsibility for the Equipment hired from time of delivery until the Equipment is returned to Bicycles Victor Harbor.

6.2 The Customer and the Riders must use the Equipment in a proper, safe and careful manner and only for the purpose for which the Equipment is designed.

6.3 The Customer and the Riders must observe the instructions and directions of Bicycles Victor Harbor for use and safety of the Equipment.

6.4 The Customer and the Riders are responsible for any damage to the Equipment during the period of hire and agree to pay the full cost of any repairs required. If damage is deemed to be wilful, additional charges may be incurred for loss of income due to that Equipment being unavailable for hire.

6.5 The Customer and the Riders have inspected the Equipment before using the Equipment and the Customer and the Riders accept the Equipment in its current state for the general use of cycling.

6.6 Before signing this Agreement, the Customer and the Riders have conducted a full safety check of the Equipment, including as a minimum checking:

   (i) everything is tightened – lift front wheel 5cm then let bounce to ground - Look, listen and feel for anything loose;

  (ii) tyres inflated & sound – put one hand on saddle and one hand on handlebar intersection, bounce your weight on the bike looking at tyres’ deflection; spin wheel slowly and look for cuts in tread and sidewall;

  (iii) wheels true – spin wheel and check brake clearance and side to side wobble;

  (iv) brakes – squeeze brake levers. Is brake quick release closed? Is the straddle cable engaged and secure? Are brake shoes contacting with wheel rim? Can you apply full braking force on levers without touching the handlebar?

  (v) Helmet – does your helmet fit snugly when secured? Does the Helmet meet all required Australian Safety Standards? (vi) Bell – Ensure the bell is working. It is an important safety device.

6.7 The Customer and the Riders will ensure and declare that, at all times when the Equipment is used that the Customer and the Riders:

  (i) will wear a correctly fitted helmet in accordance with Australian law;

  (ii) are competent bike Riders and are familiar with riding;

  (iii) are medically and physically fit and able to participate in bike riding and understand and accept that Bicycles Victor Harbor will rely on this declaration as evidence of their ability to participate in such activities;

  (iv) will not put themselves or any other person or other road users in a life-threatening situation;

  (v) will respect all road users, give way to pedestrians and will obey the Australian Road Rules at all times;

  (vi) will keep left unless overtaking and only overtake when it is safe and in accordance with the Australian Road Rules; (vii) will use common-sense and care when operating the Equipment;

  (viii) will ride within your own limits and will not take any risks; (ix) DO NOT ride at night as you may not be covered under any applicable public liability insurance.

6.8 The Customer and the Riders must at all times lock the Equipment whenever it is not in use, or is out of their line of sight. The Equipment must be locked through the frame to something fixed.

7. Delivery and Pick-Up

7.1 The Customer and/or the Riders take possession of the Equipment at the place of hire or the Customer’s nominated delivery address.

7.2 Delivery of the Equipment to a third party nominated by the Customer is deemed to be delivery to the Customer of the Equipment for the purposes of this Agreement.

7.3 The Customer must ensure that:

  (i) the Equipment is returned to the place of hire at the end of the Hire Period;

  (ii) Bicycles Victor Harbor has free and uninterrupted access to the delivery address to deliver, inspect, dismantle, collect and remove the Equipment at all times between delivery and collection or return of the Equipment.

  (iii) access to the delivery address is unrestricted. Dogs or dangerous animals must be restrained at all times Bicycles Victor Harbor is present.

7.4 The Equipment must not be transported by any vehicle to or from any place of hire by the Customer or the Riders or anyone engaged by the Customer or the Riders for this purpose.

8. Alcohol consumption

8.1 South Australia considers cycling while intoxicated to be an offence under the Road Traffic Act 1961 and it is responsibility of the Customer and the Riders to monitor and regulate their alcohol consumption. Bicycles Victor Harbor does not endorse drink-riding or the excessive consumption of alcohol.

9. Photography and Imagery

9.1 All photography or imagery (digital or otherwise) taken by Bicycles Victor Harbor during the Hire Period or Tour become the property of Bicycles Victor Harbor and may be used for advertising purposes on social or print media, our website and in printed or digital promotional materials, unless the Customer or Riders expressly advise Bicycles Victor Harbor in writing that this is not to occur. Furthermore, the Customer or Riders also waive their rights to any royalties or compensation for the use of their photos or images in perpetuity.

10. Risk

10.1 Cycling has inherent risks and dangers. It involves a degree of physical exertion and physical risk. You may be riding on roadways with other road users such as cars, motorbikes, pedestrians, other cyclists, or uneven or unfamiliar surfaces, where there is a risk of Personal Injury to you and others.

10.2 The Customer and the Riders will use the Equipment provided by Bicycles Victor Harbor at their own risk.

10.3 The Customer and the Riders understand that consuming alcohol whilst cycling may impair judgment and may result in injury or death. The Customer and the Riders accept full responsibility for any injury, trauma, loss or damage to themselves or any other persons arising out of their consumption of alcohol before, during or after participating in any self-guided or guided cycle Tours.

10.4 The Customer and the Riders hereby release and indemnify Bicycles Victor Harbor and its Agents, employees and contractors from and against all and any claims, lawsuits, demands, liabilities, loss and damages (including indirect and consequential loss) costs, expenses, and interest, whether pursuant to common law or statute, in relation to property, death or Personal Injury, that the Customer or the Riders may suffer or incur arising from or in connection with your the hire and use of Equipment, but excluding any loss or damage resulting from the negligence, breach of duty or breach of care of Bicycles Victor Harbor.

11. Property

11.1 All property in, and title to, the Equipment remains with Bicycles Victor Harbor at all times, however, all risk for the Equipment passes to the Customer on delivery.

11.2 The Customer does not acquire any title or interest in the Equipment. The Customer’s interest in the Equipment is as bailee for Bicycles Victor Harbor only.

11.3 The Customer and the Riders are responsible for the security of their own personal possessions at all times and Bicycles Victor Harbor will not be liable for replacement of any personal possessions.

12. In the Event of Loss or Damage to Equipment

12.1 The Customer will immediately notify Bicycles Victor Harbor if any of the Equipment is lost, stolen, breaks down, is damaged or ceases to operate.

12.2 If the Equipment breaks down or becomes unsafe to use for any reason (including fire, adverse weather conditions, mechanical failure), the Customer must immediately cease to use that Equipment and take all steps necessary to prevent damage to the Equipment and other property damage and Personal Injury.

12.3 The Customer must not dismantle or repair, or attempt to dismantle or repair, the Equipment without Bicycles Victor Harbors’ prior consent.

12.4 The Customer accepts full responsibility for the safekeeping of the Equipment and indemnifies Bicycles Victor Harbor for all loss, theft or damage to the Equipment except when such loss, theft or damage is due to the negligence of Bicycles Victor Harbor.

13. Refunds & Cancellations

13.1 Refunds are not available should the weather impede the use of the Equipment (or your ride) or you return the Equipment early.

13.2 Bicycles Victor Harbor may cancel delivery of the Equipment at any time before the Equipment is delivered by giving notice in writing to the Customer. On giving written notice, Bicycles Victor Harbor shall repay to the Customer any sums paid in respect of the Hiring Fees and release any security given.

13.3 Bicycles Victor Harbor is not liable for any loss or damage, howsoever, arising from the cancellation.

13.4 In the event that the cancellation is due to the Customer:

  (i) Bicycles Victor Harbor reserves the right to charge a cancellation fee of 100% of the Hiring Fees for cancellations without notice from the Customer and any Equipment orders by the Customer not picked up or accepted for delivery by the Customer or the Customer’s Representative;

  (ii) For bookings where cancellations are received more than thirty (30) days in advance of the Hire Period, the Customer shall receive a full refund of the Hiring Fees;

  (iii) For bookings where cancellations are received eight (8) to thirty (30) days in advance of the Hire Period, the Customer shall incur a cancellation fee of 50% of the Hiring Fees;

  (iv) For bookings where cancellations are received seven (7) days or less of the Hiring Period, the Customer shall incur a cancellation fee of 100% of the Hiring Fees.

13.5 All cancellation fees become immediately due and payable upon cancellation.

14. Exclusion of Implied Terms

You acknowledge that where you are a consumer of Recreational Services, as defined by the Australian Consumer Law, the Fair Trading Act (SA) 1987, and any other applicable Australian legislation, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of Bicycles Victor Harbor flowing from them, are expressly excluded to the full extent possible by law. To the extent of any liability arising, the liability of Bicycles Victor Harbor will, at its discretion, be limited to the resupply of the services or payment of the cost of having the services supplied again.

15. Acknowledgment and Waiver

WARNING: Recreational Services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA) Your rights under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including Recreational Services), there is a statutory guarantee that those services:

(i) will be rendered with due care and skill;

(ii) any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (provided that that purpose is made known to the supplier);

(iii) any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights.

Under section 42 of the Fair Trading Act 1987 , the supplier of Recreational Services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any Personal Injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third-party consumer). If you sign this Agreement, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third-party consumer suffer Personal Injury. Important: You do not have to agree to exclude, restrict or modify your rights by signing this Agreement. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this Agreement. Even if you sign this Agreement, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires Recreational Services for the child cannot legally agree to exclude, restrict or modify the child's rights.

16. Miscellaneous

16.1 This Agreement represents the entire agreement between Bicycles Victor Harbor and the Customer. No additional terms and conditions proposed by the Customer apply to this Agreement unless agreed in writing by Bicycles Victor Harbor.

16.2 If any part of this Agreement becomes void or unenforceable for any reason, then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.

16.3 The Customer may not assign, sub-contract or transfer the benefit of this Agreement to another party without the prior consent of Bicycles Victor Harbor.

16.4 This Agreement is governed by the laws of South Australia, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia. The Customer and the Riders will not object to Bicycles Victor Harbor using the jurisdiction of South Australia for the recovery of any outstanding amount(s).

17. Online Hire and Access Conditions

Self Service Hire

The Customer acknowledges that this hire may be conducted without staff present and is a self-service system. The Customer accepts full responsibility for the Equipment from the start of the Hire Period until it is returned and secured correctly.

18. Locking and Security Responsibility

18.1 Responsibility Until Secured

The Customer is fully responsible for the Equipment until it is returned to the designated location and securely locked using the lock provided.

18.2 Correct Locking Requirement

The Equipment must be locked through the frame to the designated fixed anchor point and secured in accordance with the instructions provided.

18.3 Failure to Secure Equipment

Failure to correctly lock and secure the Equipment will be treated as loss or theft and the Customer will be liable for the full replacement cost of the Equipment.

19. Return Requirements

19.1 Return Location

All Equipment must be returned to the original pickup location.

19.2 Return Condition

The Equipment must be returned in the same condition as provided, excluding fair wear and tear.

19.3 End of Hire Responsibility

The Hire Period does not end until the Equipment is returned and correctly secured.

19.4 No Relocation

The Equipment must not be relocated, stored, or left at any location other than the designated return point.

20. Late Returns

20.1 Ongoing Responsibility

The Customer remains responsible for the Equipment after the booked Hire Period until it is returned and secured.

20.2 Late Fees

Additional hire charges will apply for late returns based on the applicable hire rates.

21. Lock Codes and Access Information

21.1 Confidentiality

Any lock codes or access instructions provided must be kept confidential and must not be shared with any third party.

21.2 Misuse of Access

The Customer is responsible for any loss, damage or theft, including full replacement cost, resulting from sharing or misuse of lock codes.

22. Identification Requirements

22.1 ID Requirement

The Customer must provide valid identification prior to accessing the Equipment.

22.2 Accuracy of Information

All information provided must be true and correct. Providing false or misleading information may result in cancellation of the hire without refund.

23. Hire Agreement Completion Requirement

23.1 Mandatory Completion

The Customer acknowledges that access to the Equipment will not be provided until this Hire Agreement, including identification and acceptance of terms, is fully completed.

24. E Bike Use Conditions

24.1 Proper Use

The Equipment must be used in accordance with its intended purpose and must not be misused.

24.2 Battery Care

The Customer must not tamper with, remove, or interfere with the battery or electrical components.

24.3 Water Exposure

The Equipment must not be submerged or exposed to excessive water.