Birota Pty Ltd trading as Hobart Bike Hire (“the Company”) provides bicycles and associated equipment (“Hire equipment”) for hire subject to the terms as and conditions detailed below.
YOUR BICYCLE HIRE FROM THE COMPANY IS CONDITIONAL ON YOU HAVING AGREED AND SIGNED THESE TERMS AND CONDITIONS AND WAIVER
HIRE EQUIPMENT
The Hire Equipment comprises the bicycle(s) and ancillary equipment including but not limited to lights, pedals, computer mounts, pannier bags, locks and trailers.
HIRE PERIOD
The Hire period commences at the earlier of collection of the Hire Equipment from the Company or delivery of the Hire Equipment by the Company to the location requested by the Hirer.
CANCELLATION
Hires may be refunded in accordance with the following terms or as agreed by the Company.
In circumstances where a Hirer wishes to cancel the Hire for any reason the Hirer shall be entitled to a refund of
- The full Hire Fee where more than 24 hours notice is provided;
- 75% of the Hire Fee where less than 48 hours’ notice but more than 24 hours’ notice is provided.
There is no entitlement for a refund where less than 24 hours’ notice is provided.
Notice for cancellation of a Hire must be provided by email.
COPYRIGHT
The Company provides maps and riding guides for use by the Hirer. This material may be provided electronically or in hard copy. This material is for the exclusive use of the Hirer for the Hire Period. Any reproduction, modification, distribution or republication of this material without the express written permission of the Company is prohibited,
PAYMENT
Payment for hire of the Hire Equipment must be made at the time of making a booking.
The payment is made in consideration for provision of the Hire Equipment in accordance with the Terms and Conditions.
The price for the Hire is the advertised price as detailed in the Company website. The advertised price is inclusive of GST.
The Hirer authorises the Company to charge their credit card with the recovery cost associated with any loss, theft or damage of the Hire equipment. Such recovery costs will be determined at current Australian retail market prices.
ACKNOWLEDGMENTS AND ASSUMPTION OF RISK
Cycling is an activity that has inherent risks. Any person utilising a bike hired from the Company does so entirely at their own risk. It is a condition of participation in activities conducted by the Company that it, its proprietors, servants or agents are absolved from all liability arising from injury or damage howsoever caused (and whether fatal or otherwise) arising out of utilising a hired bicycle in any way caused by or arising out of any activity carried on by the Company whether or not such injury or damage is in any way due to any negligent act, breach of duty, default and/or omission on the part of the Library its proprietors, servants or agents. Any person participating in cycling activity associated with bicycle hire from the Company are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
All risk for the Hire Equipment passes to the Hirer on collection or delivery of the Hire Equipment and remains with the Hirer during the Hire Period.
The Hirer accepts full responsibility for security of the Hire equipment and indemnifies the Company for loss, theft or damage to the Hire Equipment during the Hire Period. The Hire Equipment at all times remains the property of the Company.
HIRER’S OBLIGATIONS
I fully understand and acknowledge that operating or riding on a bicycle is an activity that has its own unique risks and that serious injury or death could result from operating or riding on the bicycle through no fault of my own. I voluntarily and expressly agree to assume the entire risk of any accidents or personal injury, including death, which I might suffer or incur as a result of my operating or riding on the bicycle.
To the extent that I may be or become the operator of the bicycle I warrant that I possess the requisite skill, knowledge, confidence, and experience to operate the bicycle in a safe manner, and
I am not now under the influence of alcohol, drugs, other illegal substances, or any medications, which may impair my judgement or ability to operate or ride on the bicycle; and I will not operate or ride on the bicycle while under the influence of alcohol, drugs, other illegal substances, or medication.
I have examined the bicycle and have been given an opportunity to ask questions regarding the operation and management of the bicycle. I am satisfied that it is in good operable condition.
I warrant that I:
- know and fully understand how to operate the bicycle;
- understand that e-bikes have additional operating risks due to increased speed and weight, and agree to take extra care when riding;
- will be fully liable to all repair and other costs (including any excess payable to an insurer) associated with an incident/accident without limitation;
- understand that the Company may halt the hire if any of these terms of hire are breached;
- will return the Hire Equipment to the location I collected it from (or as directed by the Company) at the end of the Hire Period in good condition as delivered subject to fair wear and tear;
- will operate, maintain and store the bicycle strictly in accordance with any instruction provided by the Company, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether or not supplied by the Company;
- will not adjust or modify the Hire Equipment or in any other manner interfere with the operation of the Hire Equipment; and
- will not use the bicycle for any illegal purpose.
I warrant that I have sufficient physical fitness and am in an appropriate condition to allow me to operate the bicycle. I understand that the Company has not made, and will not make, any investigation into my physical fitness or ability to operate and/or ride the bicycle and that the Company is relying on this Waiver and my participation in operating the bicycle as a warranty of my physical condition
I will not allow any other person to operate or ride on the bicycle for any reason unless he/she is specifically permitted to do so by the Company. I agree to operate or ride on the bicycle safely, defensively and within the limits of the law and my abilities.
I agree to use a secure fitting and approved helmet at all times while operating the bicycle.
I agree to store the Hire Equipment securely when not in use and use provided locking mechanisms to secure the bicycle
I agree to pay the Company all of the following charges that may come due; all fines, penalties, forfeitures, court costs and any other expenses that may be assessed against you but which are due by reason of my care, custody, control, possession, operation or use or the bicycle.
ELECTRIC BIKES
The storage, charging and usage of battery powered electric bikes presents a fire hazard risk and you hereby release, discharge and covenant not to sue the Company, its administrators, directors, agents , officers and employees from all liabilities, claims, demands, losses or damages caused or alleged to be caused in whole or in part by equipment failure, fire, explosion or hazardous event or circumstance.
BICYCLE HIRE RELEASE OF LIABILITY
I, the undersigned, on behalf of myself and my heirs, personal representatives, successors and assignees (collectively “Heirs and Assigns”), in consideration of the hire of a bicycle from the Company to the greatest extent permitted by law release and discharge the Library, its respective affiliates, officers, directors, employees and agents (the “Released Parties”) from all claims, liabilities, demands, causes of action (including negligence, breach of contract or breach of any statutory or other duty of care), costs and expenses of any nature whatsoever (“Claims”) of all kinds which I or any of my Heirs and Assigns now or later have against any Released Party resulting from or arising out of my loan or any use by any person of the bicycle and that regardless of whether such Claims relate to design, manufacture, repair, operation or maintenance of the bicycle or the conditions under which the bicycle is used.
I confirm that this release extends to all claims of all types I or any of my Heirs and Assigns have or may have against the Released Parties arising out of my hire or any use by any person of the bicycle.
I acknowledge and understand that by signing this Release I and my Heirs and Assigns agree not to sue any or all of the Released Parties for any injury or death to myself, my property, any other person or such person’s property resulting from or arising out of my rental or any use by any person of the bicycle.
I acknowledge that I have been advised of and agree to waive on my own behalf and on behalf of my Heirs and Assigns, all benefits which would otherwise limit the scope of the release.
By signing this release, I certify that I have read this release and fully understand it, that I am not relying on any statements or representations of any of the Released Parties and that I have been given the opportunity and sufficient time to read and ask questions regarding this release.
I have inspected the bicycle and noted and reported any damage that was evident on the bicycle from prior use.
I also agree and undertake:
- for myself, my Heirs and Assigns, to indemnify the Library and its assigns, and at all future times to keep each of them indemnified against all Claims, suits, actions, causes of action or other claims or proceedings of whatsoever nature, by whomsoever made and however arising, whether as a consequence of negligence or otherwise, out of consequence of me operating and/or riding a bicycle;
- to abide by all directions and requirements of the Company; and
These terms and Conditions of hire may be changed by the Company. Any changes become effective immediately on being updated on the Company’s website. It is the Hirer’s responsibility to check the Terms and Conditions fotr changes prior to commencement of the Hire. Use of the Hire equipment is deemed to indicate agreement to the amended Terms and Conditions.
Governing Law
I agree that this Waiver is governed by the laws of the State of Tasmania, and I agree that any litigation relating to this Waiver must be instituted in the State of Tasmania.
