AGREEMENT FOR THE USE OF RENTAL EQUIPMENT

BIKED PTY LTD and affiliates are not liable for injuries sustained during use of rental/hire equipment and or participation in a tour activity. Biked Pty Ltd provides no warranties express or implied, and the equipment is accepted “as is”. To ensure that the equipment is used properly, and to ensure that hirer behaves responsibly, this agreement defines the hirer’s obligations made in exchange for using the equipment. 

The hirer agrees and acknowledges the following:

1. They have read and understood the terms and conditions of this hire agreement (the “agreement”) and further agrees to be bound by it.
2. They have hired the use of the rental and any equipment associated with the rental (here in after referred to as the “equipment”) referred to in this agreement.
3. The agreement covers the period from equipment received, until returned to Biked Pty Ltd or its affiliated in an agreed acceptable condition.
4. That riding the equipment is an inherently dangerous activity. Risks include but are not limited to: DEATH; SERIOUS INJURY TO THE HIRER; DAMAGE TO THE EQUIPMENT AND OTHER GEAR AND CLOTHING; AND DAMAGE TO AND/OR SERIOUS INJURY TO THIRD PARTIES AND THEIR PROPERTY.
5. They are fully responsible for all damage or loss whatsoever to the equipment and agrees to pay for all costs, charges, fees and expenses whatsoever associated with the equipment being lost, stolen, or damaged whilst being under the use and control of the hirer under this agreement.
6. That they have inspected the equipment and have satisfied themselves as to its fitness for purpose that they have hired the equipment for.
7. Has hired the use of the rental and any equipment associated with the rental (here in after referred to as the “Equipment”) referred to in this Agreement.
8. That they accept full financial responsibility for the care of the equipment whilst in the hirer’s possession, control and use; including but not limited to paint scratches.
9. That the owner has provided all necessary instructions for the use, including safety instructions for and of the equipment and the hirer has fully understood such instructions.
10. They understand that wearing a helmet may decrease the risk of head injury.
11. The owner has provided a helmet and or the hirer has provided their own helmet and the hirer agrees and undertakes to wear a helmet at all times while riding and accepts any and all consequences of not wearing a helmet.
12. That it is a legal requirement in the State of Queensland that a rider must wear a helmet whilst riding the equipment.
13. That they are physically and mentally able to ride the equipment and are familiar with operating the equipment, its physical and mental requirements and the risks involved.
14. That they AGREE TO FULLY RELEASE AND DISCHARGE  “Biked Pty Ltd”, its affiliates and its employees, staff and workers FROM ANY LIABILITY OR LOSS whatsoever for any damage, injuries or claims, including any injuries or damages to the hirer or any third party or other person or to the hirer’s property or third party property, as a result of hirer’s use of the equipment.
15. That they EXPRESSLY ASSUME ALL RISK OF LOSS, DAMAGE OR INJURY OCCURRING AS A RESULT OF RIDING THE EQUIPMENT.
16. That it is acknowledged by the hirer that they and any other person who uses or rides the hired equipment understands the road rules and will not ride in a reckless or dangerous manner and will take all reasonable care.
17. The hirer understands that any loss, damage or injury that occurs will need to be covered by the hirer’s own form of insurance, including travel, health, life and AusCycling Member insurance. Any hirer not covered by personal insurance at the time of their hire accepts that hiring the equipment is at their own risk.
18. That they will NOT ride the hired equipment on the beach, sand or in water, unless the equipment is specifically a “fat bike” and is hired for said purpose. Should the hirer do so will lead to the hired equipment being damaged requiring it to be dismantled, thoroughly cleaned and re-assembled the costs of such will be borne by the hirer.
19. They understand that dismantling or otherwise making modifications to the equipment for use during the period of hire (e.g. removing a wheel to store a bike in a car, attaching accessories not provided with the equipment) is at the rider’s risk, and the hirer is responsible for any damages to the equipment as a result.
20. Consents to and authorises the owner to debit the hirer’s credit card to cover the cost of any breach by it of this agreement.
21. The hirer acknowledge their maybe in addition to the hire rate, a min $40 charge for a call out to recover/exchange flat batteries on scooters and or bikes dependant upon location and time.
22. That if this hire agreement is submitted online over the internet or the like it is hereby deemed that upon the hirer submitting the application they have agreed to the terms and conditions of the whole of this agreement.

CANCELLATION POLICY:

1. BIKED PTY LTD reserves the right to cancel a tour or hire due to weather conditions or closure of the area by the Parks governing body. A full refund will be provided by Biked Pty Ltd if this is to occur.
2. Cancellations made by the hirer within 72 hours of the hire/tour date may attract a cancellation fee of up to 100%.
3. The hirer commits to the agreed upon hire period once a booking has been confirmed. A hirer that returns the equipment earlier than the end of their hire period forfeits the remainder of this time, and they are not eligible for reimbursement.
4. Returning hire items earlier than the end of this period means the hirer forfeits the remainder of their hire period, and is not eligible for reimbursement.
5. Due to current world circumstances, a tour booked in advance that is cancelled due to unforeseen State or Government regulations, will be granted a 100% refund
6. 100% refund will also be granted for any force majeure or factors beyond your control/our control which included but are not limited to:

- Medical Conditions with a supplied Medical Certificate

- Airlines or Interstate Travel Delays

1. No shows will not be refunded.
2. Force majeure refers to any unusual and unforeseeable circumstance or event beyond BIKED PTY LTD control, the consequences of which BIKED PTY LTD could not avoid. Examples include war or threat of war, riots, political or civil strife or unrest, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, floods, health risk or epidemic, acts of God, or other similar events.