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Terms and Conditions
McBain Cycles
Rental Terms and Conditions – McBain Cycles
Rental Agreement & Policies
The customer agrees to return the bike(s) in an undamaged condition to avoid incurring any
additional charges for repair, maintenance or replacement of parts. The customer accepts
use of the equipment, as is, in good condition and accepts full responsibility for the care of
the equipment whilst in his/her/their possession. Damaged parts or components will be
repaired/replaced at the shop’s discretion and the customer agrees to pay regular shop
rates and retail prices for any components replaced. An undamaged condition means
normal wear and tear (i.e., small scuffs and scratches) is accepted but does not include
broken spokes, bent or broken rims, damaged frames, handlebars, saddles, accessories or
any other parts from misuse and/or crashes.
The transportation of any rental bike(s) must be done only with a staff member approved
carry rack. Not all racks are compatible with our equipment and can result in damage to the
equipment.
Rentals are charged by the day only and must be returned to the shop AT LEAST half an hour
prior to the closing of the shop on the agreed return date. Late returns will be subject to
additional fees.
The customer agrees to provide McBain Cycles with credit card and drivers license details.
At the discretion of the customer, and before releasing any rental bike, the customer
authorizes McBain Cycles to take a pre-authorization amount. The customer authorizes
McBain Cycles to charge the credit card on file for any additional costs incurred as a result of
damage to the bike(s) during the rental period, inclusive of labor. Additional costs incurred
as a result of damage to the bike during the rental period may only be dismissed, at the
discretion of a staff member, in the case that sufficient evidence is supplied that shows
faults or damage to the rental bike(s) that are clearly not due to user error. In the case of
theft of rental equipment, the customer will be responsible for reimbursing McBain Cycles
for the original price of the bike(s) and any accessories that were provided at the time of
rental.
The customer acknowledges that McBain Cycles may use anti-theft and/or tracking devices
on all or some of its rental stock.
Assumption of Risk, Waiver and Release Agreement
Assumption of Risk
The customer understands and accepts that renting a bicycle from McBain Cycles and
participating in bicycling exposes the customer to or their child to hazards that may entail
unavoidable risk of severe personal injury (including but not limited to severe spinal or head
injury), death and loss of or damage to property. The customer also understands that they,
and if applicable, their child, are in adequate physical health to safely participate in bicycling
and confirm that they and their child have no significant health issues that prevent them
from participating in bicycling, and they have no medical conditions, nor have been
diagnosed with a condition that prevents them from bicycling.
Despite the risks and acknowledgments, the customer hereby assumes all risk of injury or
loss of life to themselves or their child and loss of or damage to property arising out of
renting this bicycle and participating in bicycling. The customer understands the inherent
risk in using bicycle equipment and participating in bicycling and accepts full responsibility
for all such damage or injury which may result.
Wavier and Release Agreement
In consideration of bike rentals by customers and their children from McBain Cycles, the
customer specifically releases and forever discharges McBain Cycles and its employees,
owners and affiliates from all liability or claims for injury, illness, death or loss of or damage
to property which the customer and their child may suffer while renting a bicycle and
participating in bicycling. This discharge specifically includes, but is not limited to, liability or
claims for injury, illness, death or damage caused by the negligence of McBain Cycles or its
owners, employees and affiliates. It is the customers intent by the Waiver and Release
Agreement to release McBain Cycles and hold it harmless from all liability for any such
property loss or damage, personal injury or loss of life, whether caused by the negligence of
McBain Cycles or whether based upon a breach of contract, breach of warranty, or any
other legal theory.
The customer fully recognizes that if injury, illness, death or damage occurs to themselves or
their child while they are engaged in renting a bicycle or participating in bicycling, the
customer will have no right to make a claim or file a lawsuit against McBain Cycles or its
owners, employees or affiliates, even if they or any of them negligently cause the customer
and their child’s injury, illness, death or damage.
Cancellation Policy
Rental date amendments can be arranged up to 24 hours before rental departure
time with no penalty.
Customers can cancel their booking at any time; however, no refund will be given
when cancelled within 24 hours of rental departure time.
A cancellation fee of 25% of total bike rental fee applies when full cancellations are
made within 7 days of rental departure time.
McBain Cycles reserves the right to amend or cancel any reservation. If this is the
case the customer’s reservation will be rescheduled or fully refunded.
Any refunds will be made onto the card used to make the original booking.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR-TRADING ACT 2012
If you sign this form, you will be agreeing that your rights to sue the supplier under the
Australian Consumer Law and Fair-Trading Act 2012 are excluded, restricted or modified in
the way set out in this form, if you are killed or injured because the services provided were
not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the
supply of certain goods and services. These guarantees mean that the supplier named on
this form is required to ensure that the recreational services it supplies to you,
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication,
make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the
supplier.
Under section 22 of the Australian Consumer Law and Fair-Trading Act 2012, the exclusion
of these statutory guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or
injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an
act or omission, means doing the act or omitting to do an act with reckless disregard, with
or without consciousness, for the consequences of the act or omission. See regulation 5 of
the Australian Consumer Law and Fair-Trading Regulations 2012 and section 22(3)(b) of the
Australian Consumer Law and Fair-Trading Act 2012.