Terms
and Conditions
1. This document sets put the terms and conditions that apply
between Adventure Freak Pty Ltd trading as The Bike Kiosk (“us” or “we”) and
you in relation to the hire of the ebike and Bike.
2. You acknowledge that you have read these terms and conditions
and agree to be bound by them.
3. You have hired the use of the e-bike/e-Rideable and
associated equipment including but not limited to a helmet (if you do not have
one) and bike lock (the Equipment).
4. You acknowledge that the use of the Equipment and in
particular the e-bike/e-Rideable is an inherently dangerous recreational
activity and the risks include serious injury (including death) to you or
another person, damage to the e-bike/e-Rideable or other personal property and
clothing belonging to you or another person. Any such risk, injury or
damage may be as a result of your actions or the actions of other people.
Where the hirer is a minor, then parent or guardian acknowledge these risks on
their behalf.
5. You agree that you are using the Equipment at your own risk,
and you voluntarily assume responsibility for any injury, death or property
damage you or any other person may suffer as a result of or arising out of your
use of the Equipment.
6. You must pay to us a refundable bond of $100 per booking, when
hiring the Equipment.
7. You must pay the hire fees for the use of the
Equipment. If you fail to return the Equipment at the end of the hire
period you must pay to us a fee equivalent to the hire fee that would have been
charged over the time period until your return.
8. If you require us to collect the Equipment from any location,
we will charge a pickup fee of $50.00. We will not charge this fee if the
Equipment breaks down and as a result the ebike/e-Rideable cannot be safely
ridden.
9. You acknowledge that:
(a)
you have inspected the Equipment prior to the commencement of the hire and
satisfied yourself as to its fitness for purpose;
(b) we have provided you all necessary instruction for the use of the
Equipment, including safety instructions and you have understood those
instructions;
(c) you have viewed or had an opportunity to view the “How to operate my ebike”
video before use; and
(d) if you are also hiring a trailer:
(i)
these are for infants and toddlers over 12 months;
(ii) the trailer load limit is 40kgs; and
(iii) the speed when using the trailer must not exceed 16kmh,
10. You warrant that:
(a)
you are a competent cyclist/scooter rider and physically capable of riding a
bicycle/scooter; and
(b) you are not suffering from any medical condition that impairs or may impair
your ability to ride a bicycle/scooter/e-rideable.
11. When using the Equipment you must:
(a)
not be under the influence of drugs or alcohol;
(b) use the inbuilt bike lights in low light conditions;
(c) comply with all applicable legislation operating in Western Australia
including the Road Traffic Act 1974, the Road Traffic Code and all subsidiary
legislation;
(d) only ride the ebike/e-Rideable on sealed roads and cycleways;
(e) not allow any other person to use the Equipment;
(f) wear a helmet at all times when riding the e-bike/e-Rideable (it is a legal
requirement in WA that you must wear a helmet when riding a bicycle/scooter);
and
(g) always watch over the Equipment, and secure it when not in use.
12. You must advise us as soon as possible if the Equipment
breaks down, is damaged, lost or stolen. You must also make a report to
the police if the Equipment is stolen.
13. To the maximum extent permitted by law, all implied
conditions and warranties regarding the provision of services by us under these
terms are excluded. Our liability in relation to any non excludable
conditions or warranties is limited at our option to a refund of the hire fees
paid by or the provision of the services again.
14. You are responsible for all loss and damage caused to the
Equipment and you agree to pay for all costs, charges, fees and expenses
whatsoever associated with the Equipment being lost, stolen or damaged during
the hire or whilst it is under your use and control.
15. To the fullest extent possible you release and indemnify us
including our employees and agents from any actions, suits, costs, expenses,
demands, damages, liability and loss resulting from or arising out of your use
of the Equipment.
16. You agree that we:
(a)
will not be liable or responsible for any death, loss, accident, damage or
injury to you or any other person what may happen resulting from or arising out
of your use of the Equipment; and
(b) will not incur or be under any liability to you or any other person for any
loss, damage or injury to or in respect of any of your property or any other
person’s property.
17. For “on the day” cancellations, please contact us and we will
accommodate your booking at another time (and day). If you need to cancel the
day before your booking, a full refund will be offered, or voucher for another
time. If you fail to show up there will be a 100 percent cancellation fee.
18. We do not provide refunds if you return the Equipment prior
to the end of the hire period.
19. A parent or legal guardian must sign these terms in relation
to any hirer who is under the age of 18 years.
