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Rental Terms & Conditions, Waiver and Release of Liability
Effective date: 20/8/25
Bicycle and Beyond Adventures Sdn. Bhd. ("Ride Penang")
IMPORTANT: By placing a booking, paying any amount, ticking acceptance online, or taking possession of any bicycle or accessory, you agree to these Terms, including the Assumption of Risk, Waiver, Release and Indemnity in Section 14.
1) Definitions
o Rider / you: The person named on the booking who accepts these Terms (and any Additional Users they are responsible for).
o Equipment: Any item supplied by Ride Penang, including bicycles, e-bikes, helmets, lights, locks, racks, bags, pet carriers and other accessories.
o Rental Period: The period from handover/delivery (or the scheduled start time, whichever is earlier) until the Equipment is physically returned to and checked-in by Ride Penang.
o Normal Wear & Tear: Minor cosmetic marks from ordinary road use (e.g., light tyre wear, light dust/road film). Excludes crash damage, dents, bent wheels/rotors/derailleurs, torn bar tape/saddles, deep scratches, water ingress in e-bike systems, or misuse.
2) Eligibility & Age
o Minimum age to enter this agreement is 18. Riders under 16 may only ride under direct adult supervision.
o For minors, a parent/guardian must sign and accepts full responsibility and risk.
3) Rider Responsibilities & Safe Use
o You confirm you are physically and mentally capable of cycling and will ride within your limits, obeying all Malaysian road, traffic and park laws.
o Helmet use is mandatory whenever riding Equipment supplied by us.
o You must perform a pre-ride safety check (brakes, tyres, quick-releases/through-axles, gears, lights). Do not ride if anything seems unsafe; contact us immediately.
o Prohibited uses: No riding under influence of alcohol/drugs; no tandem/passenger carriage unless Equipment is expressly designed for it; no stunts/jumps; no sub-rental; no illegal use; no salt-water submersion or river crossings; no cross-border travel; no roof-rack transport without proper mounts; no use on lifts/transport where the bike is unsecured.
o Racing & events: Racing or mass-participation events (e.g., triathlon, sportive) require written pre-approval. Additional deposits/insurance may apply.
o E-bikes: Use only supplied/approved chargers; charge indoors on a non flammable surface; keep batteries dry; never open, pierce or overheat; stop using if damaged or if abnormal heat/smell occurs.
4) Booking, Deposits & Payment
o Prices are in RM and exclusive of applicable taxes/fees unless stated.
o At handover we may take a pre-authorisation/security deposit on your card (amount as shown at checkout/booking confirmation). Your bank controls release times.
o You irrevocably authorise Ride Penang to charge your card for: rental fees, extensions, consumables, late return, cleaning, loss/theft, damage and labour, missing accessories, fines/penalties we are required to pay, and recovery/collection fees.
5) Delivery, Collection & Identity
o We may require original photo ID (passport/NRIC) matching the payment card at delivery.
o If you or your representative is not present within the agreed delivery/collection window, wait time or redelivery fees apply.
6) Condition, Acceptance & Return
o Equipment is provided clean and roadworthy. On delivery we will note condition (photos may be taken). Using the Equipment = acceptance of condition.
o Return the Equipment clean and in the same condition.
o Returns must be made directly to Ride Penang staff at the agreed location/time. Abandoning or failing to return Equipment will result in charges up to full retail replacement value plus costs.
7) Damage, Loss & Theft
o You are responsible for all loss, theft and damage from any cause other than Normal Wear & Tear during the Rental Period.
o Parts will be repaired or replaced at our discretion using OEM equivalent pricing plus reasonable labour. Frames/forks deemed non safe after impact will be treated as total loss.
o Incident reporting: You must notify Ride Penang immediately of any accident, damage, loss or theft and provide a written statement and photos within 24 hours.
o Theft: Provide a police report within 24 hours. Failure to provide a police report may result in charges up to full replacement value.
o A Schedule of Charges (indicative retail pricing and labour rates) is referenced in Section 20.
8) Late Returns & Extensions
o Returns after the agreed time incur late fees (see Schedule) and an additional daily rental charge.
o Extensions are subject to availability and must be pre approved. Unauthorised extensions will be treated as late returns.
9) Mechanical Issues & On Road Assistance
o We maintain bikes carefully, but punctures and wear occur. We provide basic spares/tools where applicable.
o If a mechanical fault (not caused by misuse or crash) makes the bike unsafe, stop riding and contact us. Remedies (at our discretion): repair/replace Equipment or pro rata refund of affected rental time. We are not liable for consequential losses (missed events, travel, etc.).
o On road assistance may be offered within our service area and hours; fees may apply.
10) Insurance
o You are responsible for obtaining adequate personal accident and third party liability insurance suitable for cycling and (if applicable) racing.
o Optional micro insurance (if offered) is provided by third parties and subject to their policy terms. Your relationship is directly with the insurer.
11) Changes & Cancellations
Change requests: ≥24 hours in advance, subject to availability.
Cancellations:
o ≥14 days: 5% admin fee
o 7–13 days: 20% of hire value
o 3–6 days: 50% of hire value
o 1 day prior: 75% of hire value
o Day of start: 100% charge
o No shows are non refundable. Refunds are to the original payment method; bank processing times apply.
12) Data Protection (PDPA – Summary Notice)
o We collect and process personal data (identity, contact, booking, payment tokens, incident notes/photos, GPS tracker serials if installed) to fulfil your rental, for safety/security, and to protect our legitimate interests (fraud prevention, recovery of property).
o We may retain ID images as fraud prevention evidence for a limited period.
o With consent, we may send marketing updates (you can opt out anytime).
o We share data only with service providers (payments, logistics, insurers) and authorities where legally required.
o Our full Privacy Notice (required under the PDPA Notice & Choice Principle) is available at ridepenang.com/privacy.
13) Non Excludable Rights (Consumer Protection Act 1999)
Nothing in these Terms limits or excludes any rights you have under the Consumer Protection Act 1999 (including implied guarantees for goods and services such as acceptable quality, fitness for purpose, correspondence with description, reasonable care and skill, and completion within a reasonable time). Where we are obliged to provide a remedy under the CPA, our responsibilities are as prescribed by law (e.g., repair, replacement, refund). If any term conflicts with the CPA, the CPA prevails.
14) Assumption of Risk, Waiver, Release & Indemnity
o Assumption of Risk: Cycling and e biking involve inherent risks, including falls, collisions, road/trail hazards, heat exposure, dehydration, mechanical failure, and interactions with vehicles, animals and weather, which can cause serious injury or death. You accept all such risks and agree to ride prudently.
o Waiver/Release (subject to Section 13 & 15): To the fullest extent permitted by Malaysian law, you waive and release Ride Penang, its officers, employees, agents and contractors from liability for injury, illness, death, or property damage arising from or connected with your use of the Equipment, including claims based on negligence, except where such exclusion is not permitted by law.
o Indemnity: You agree to indemnify and hold harmless Ride Penang from all claims, losses, damages, costs and expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of Equipment, or any claim by a third party relating to your acts or omissions.
15) Carve outs Required by Law
Nothing in these Terms limits or excludes:
(a) any non excludable rights under the Consumer Protection Act 1999;
(b) liability for fraud or fraudulent misrepresentation;
(c) your ability to seek legal remedies as preserved by section 29 of the Contracts Act 1950; or
(d) any liability which cannot lawfully be limited or excluded.
16) Limitation of Liability (Permitted Scope)
Subject to Sections 13–15, Ride Penang’s total liability for any claim arising under these Terms is limited to the total rental fees paid for the affected booking. We are not liable for indirect or consequential loss, loss of enjoyment, loss of opportunity, loss of profits, or inability to participate in an event.
17) Force Majeure
We are not responsible for delays, cancellations or non performance due to events outside our reasonable control (e.g., severe weather, government action, road closures, public health orders, strikes, natural disasters).
18) Substitution & Availability
We will endeavour to supply the model/size booked but may substitute equipment with a similar size/type and value if necessary.
19) General
o Ownership: Title to all Equipment remains with Ride Penang at all times.
o Variation: We may update these Terms; the version in force at booking applies.
o Severability: If any provision is invalid, the remainder remains in effect.
o No Assignment: You may not assign your rights or obligations.
o Language: Where these Terms are translated, the English version prevails to the extent of any inconsistency.
o Governing Law & Venue: Malaysian law applies; the courts of Penang, Malaysia have exclusive jurisdiction.
20) Schedule of Charges linked HERE / https://ridepenang.com/wp-content/uploads/2025/07/RidePenang-SCHEDULE-OF-REPAIR-COSTS-2025-V2.pdf
21) Contact
Ride Penang × Bicycle and Beyond Adventures Sdn. Bhd.
Tel/WhatsApp: +60 17 492 1355
Email: info@bicycleandbeyond.com
Website: ridepenang.com