TERMS & CONDITIONS

1. The period of hire of the hire bike(s) will commence on the day the hire bike(s) leaves our premises (unless this agreement is otherwise terminated) and ceases on the return of the hire bike(s) to our premises.

2. A security deposit of $250.00 per booking will be held by 99 Bikes Brisbane CBD, or its agents for the term of this agreement. In the event of a breach of this Agreement by the Hirer, 99 Bikes Brisbane CBD without limiting its own rights, may apply the whole or part of that deposit towards remedying the breach of compensating 99 Bikes Brisbane CBD for any resulting loss or damage.

3. The Hirer warrants and acknowledges that he/she has inspected the hire bike(s) prior to or at the time of commencement of the hire and is satisfied that the hire bike(s) is in good working order and condition and suitable in all respects for the purpose of the hire.

4. At all times during the hire period, the Hirer shall take proper care of the hire bike(s) and keep the hire bike(s) in good repair and condition (reasonable wear and tear accepted). At the end of the hire period, the Hirer shall return the hire bike(s) to 99 Bikes Brisbane CBD in such repair and condition.

5. The Hirer shall not allow any person not authorised by 99 Bikes Brisbane CBD to repair or otherwise carry out any work on the hire bike(s).

6. The Hirer shall not sell, transfer, assign, mortgage, pledge, underlet, lend, or otherwise deal with the hire bike(s) from the State (Queensland) without the prior written consent of 99 Bikes Brisbane CBD.

7. On the occurrence of any one or more of the following events, the period of hire will terminate and, without limiting all its other rights, 99 Bikes Brisbane CBD will be entitled to the return of the hire bike(s): - a) The Hirer makes default in the payment on due date of any fees or other amounts payable, or otherwise defaults in the service or performance of any of the terms in this agreement; b) The Hirer does or causes to be done any act, matter or thing, which is likely to endanger the safety, condition or safe keeping of the hire bike(s); c) An order is made for the sequestration of the assets of the Hirer, or the Hirer enters in to any composition or arrangement with creditors; d) Any other event occurs which constitutes or evidence on the Hirers part a repudiation or refusal to be bound by the Agreement.

8. a) The Hirer has the benefit of conditions and warranties and other rights implied by law, which cannot be excluded by agreement. Nothing in this agreement shall be taken to limit in any way the benefit of those conditions, warranties, and rights. However, where under such law 99 Bikes Brisbane CBD is permitted to limit its liability to the minimum possible under that law; b) Subject to (a) 99 Bikes Brisbane CBD disclaims and negates all other express or implied conditions and warranties and all prior representatives and statements in respect of or relation to the hire bike(s); c) The Hirer shall indemnify and keep 99 Bikes Brisbane CBD indemnified against any loss or damage which may arise in respect of the hire bike(s) or from the possession, use or question of the hire bike(s) by the Hirer or any other person and (without limiting the generality of the foregoing) against any loss or damage whatsoever for or in respect of injury to person or property arising out of the possession, use or operation of the hire bike(s) by the Hirer or any person in any manner whatsoever during the period until the hire bike(s) is returned. The indemnity does not apply in respect of loss or damage for breach of non-excludable condition warranty or right referred to in (a).

9. The Hirer warrants that he/she is authorised to make this agreement on behalf of all persons who possess, use, or operate the hire bike(s) during the period until the hire bike(s) is returned.

THEFT/DAMAGE TO HIRE BIKE(S)

Subject to this clause the Hirer is responsible for all damage once the hire bike(s) is received by the Hirer (reasonable wear & tear excepted). This includes but is not limited to any form of theft and damage to the hire bike(s). Excepting when the hire bike(s) is hired to a customer, 99 Bikes Brisbane CBD will not be responsible for loss occasioned by the theft or damage of the hire bike(s) during the hire period. Any damage will be quoted on for repair and the work performed by an experienced 99 Bikes technician and this amount charged to the Hirer.

Please Note: It is the responsibility of the hirer to return the hire bike(s) and all equipment to the designated location and at the time specified. A fee will apply for all late returns.

CANCELLATION POLICY

Where you have paid for your booking in full, we will provide a full refund if you cancel more than 7-days before the rental pick up date and time, specified in your booking.

Subject to your refund rights under the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), no refund will be made where:

• You cancel your booking less than 7-days prior to the booking pick up date and time.

• You have already picked up your hire bike(s).

• You fail to collect your hire bike(s) at the pick-up date and time with all the necessary documentation and a valid credit card with enough available funds for the (AUD$250) security deposit.

• You do not meet eligibility or other rental requirements, and we decline to provide you with a hire bike(s) on that basis.