Stkilda Cycles
Terms and Conditions of Hire
It is very important that you read these terms and conditions of hire as they place obligations and burdens on you, and require you to indemnify and hold us harmless from certain claims and damage.
Meaning of words and phrases:
StKilda Cycles means Saints Cycles Pty Ltd trading as StKilda Cycles
“Hire Equipment means collectively StKilda Cycles hire bikes, panniers and child bike seats and shall as the context require it refer to the individual items.
Risk means all risk of any kind associated with, or rising out of your use of the Hire Equipment and in particular the riding of the hire bike.
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The terms and condition of hire:
By using the Hire Equipment and any associated services you agree to these TERMS and CONDITIONS and DISCLAIMER.
If there is more than one Hirer/person in a group it is the group organiser’s responsibility to ensure every member of the group understands and accepts the Company’s Terms and Conditions. It is the group organiser’s responsibility to provide the Company with the name, contact details, drivers licence or passport details of each member of their group.
The following terms and conditions apply to the hire of bike(s) by you from St. Kilda cycles:
- You must be able to provide photo identification (Australian Driver’s License, Current Country of Origin Passport).
- You must be:
- 18 years of age or over, or accompanied by an Adult;
- of sound mind and in good health and physical fitness; and
- have a body weight below the bike manufacturers stated limit of 120kg
- StKilda Cycles has full discretion to refuse to hire to you even if you have made a booking, in which case any deposit paid by you will be refunded.
- All Risk for the Hire Equipment passes to the you upon collection or delivery. You accept full responsibility for the safe keeping of the Hire Equipment and indemnify StKilda Cycles for all loss or damage to the Hire Equipment howsoever caused whilst in your possession.
- If Hire Equipment is:
- damaged but is repairable, you shall be responsible for the cost of the repair;
- damaged and unrepairable, or lost or stolen you are responsible for the cost of replacement of the Hire Equipment; and
- StKilda Cycles has the sole discretion to determine if damaged Hire Equipment is repairable.
- You will:
- ensure before using the hire bike that it is suitable for your use, skill and experience;
- operate the hire bike safely and responsibly, including not wearing headphones or using electronic equipment whilst riding;
- ensure you are familiar with the Road rules and regulations in force and follow those rules and regulations,
- wear an approved helmet at all times whilst riding;
- secure the Hire Equipment securely including the hire bike with a lock, and between the hours of 6pm and 7am store it securely indoors; and
- not ride under the influence of drugs or alcohol, or subject it to force or abuse.;
- not allow any third party to ride the hire bike.
- You agree that:
- Riding can be dangerous and falling off a bike or having a collision with another road user may result in you sustaining serious or catastrophic injuries or your death.
- You accept the risks of riding and do so at your own risk.
- You agree to the maximum extent allowable by the laws of Australia to waive your legal rights of action against StKilda Cycles and to release it from any and all claims that may arise out of your entering into this hire agreement and/or riding the hire bike.
- You agree to indemnify and hold StKilda Cycles harmless from any and all claims that may be made against it that arise out of any and all claims that may arise by reason of your entering into this hire agreement and/or riding the hire bike.
- These Terms and Conditions are governed by the laws of Victoria, Australia and each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria including any Courts of Appeal from them.