, Hire / Demo Terms and Conditions - Bike Matters

THE HOME OF SURF COAST CYCLING
MTB, GRAVEL, ROAD
SALES AND SERVICE
FOR THE WHOLE FAMILY

Hire / Demo Terms and Conditions

PLEASE READ THE FOLLOWING TERMS & CONDITIONS AND DISCLAIMER CAREFULLY.

MOUNTAIN BIKING IS A DANGEROUS ACTIVITY, YOU SHOULD ALWAYS RIDE WITHIN YOUR OWN PERSONAL LIMITS.

YOU AS THE HIRING PARTY MUST READ, REPLY AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS TO BE ELIGIBLE FOR BIKE HIRE.

In addition, all personal information will only be used as per our regular retail and communication systems, any billing information is only held whilst the hire is in progress and will be removed from customer account once the bike is returned and the post hire inspection is completed. Due to return times this report may not be returned the same day.

  1. Bike Hire
  • Bike hire units are termed “PER DAY” during the store hours of that specific day. Please make sure you are aware of opening and closing times at time of booking. Bikes returned late or next day of opening will incur an extra half day charge. Bikes are not able to be rented by persons under the age of 18 years without a parental guardian who can claim responsibility of that person’s actions and any damage that may occur.
  • Due to the style of bikes and the required set up and safety checks we are unable to offer half day rentals only.
  • We hire these bikes in the understanding that they are to be used for purpose. As these are high-end mountain bike these bikes are designed for off road trail use. This does not include, skateparks, jump parks or any areas that are solely shuttle based such a downhill tracks.
  • Bike hire of these bike will include the bike, helmet and choice of either flat or Clip-in Shimano Pedals. Other safety equipment is recommended but not compulsory for bike hire.
  • Transport of any bike must be made with a staff approved bike carry rack, not all racks are compatible with our equipment and can lead to damage of equipment.

 

  1. Bike Hire Bookings
  • Bookings must be made at least 24hours in advance, this is due to the cleaning, setup and safety checks that each bike receives prior to rental.
  • Cancellations must be made 24hrs to booking to receive full refund. Less than 24hrs a half fee ($60.00) will be charged as the bike has been set up checked for that specific hire.
  • Please allow our staff around 10-15min to set the bike up for you. We will provide a seat height adjustment, helmet fitting & suspension set up for you.
  • Payments must be made in full prior to the bike leaving Bike Matters

 

  1. Requirements to participate

 

  • Hirers must provide photo identification (Australian Driver’s License, Current Country of Origin Passport).
    Hirer’s body weight must be below the bike manufacturers stated limit of 120kg.
  • Hirers may be required to undergo an assessment as to whether they are a capable bike rider and whether they are capable of riding a bike on Australian roads, urban and rail trail environment (off road).
  1. Risk
  • All risk for the hire equipment passes to the Hirer upon collection or delivery of the bike and associated products. This includes all loss and damages to the equipment and also the damage caused by the equipment to other and their property.
  • All aspects of personal liability are solely the responsibility of the hirer.
  • The Hire Equipment is and will at all times remain the absolute property of the Company, nonetheless, all risk for the Hire Equipment passes to the Hirer on and from the commencement of the Hire Period until the Hire Equipment has been returned into the possession of the Company. That is, title to the Hire Equipment shall remain with the Company.
  • Any damage caused by the Hirer will be the responsibility of the Hirer. This will be assessed by the workshop at the post hire inspection. All repairs will be paid by the Hirer by the Nominated Credit card that has been held on file.
  • The hire fee will only cover the general upkeep and replacement of general consumables, such as, grips, tyres, tubes, drive train wear.
  • What is not covered and the hirer is liable for, any damage to any frame, part or component that is either mis-aligned or has major cosmetic damage. This also includes paint damage.
  1. The Company’s ability to refuse participation

The Company may refuse any person participation in a Hire, at the Company’s absolute discretion, whether or not that person has previously purchased a Hire. The Company will reimburse the price paid for a Hire if a person is refused participation in a Hire for any reason other than as set out in this Form. Failure to agree to the TERMS AND CONDITIONS AND DISCLAIMER will also result cancellation and refund of purchased hire.

  1. Hirer’s responsibilities

Hirer must:

  • Satisfy itself at delivery that the Hire Equipment is suitable for its purposes.

“operate the Hire Equipment safely, only for its intended use, and strictly in accordance with the provisions of the Road Traffic Act 1974 (WA) and its amendments (the Act) and Regulations made under the provisions of the Act, and using all relevant safety gear, and in accordance with any instructions whether advised by the Company or supplied with the Hire Equipment.”

  • Keep the Hire Equipment in their own possession and control.
  • Notify the Company immediately by telephone of the full circumstances of any mechanical breakdown or accident. obey the directions and instructions of the Company’s employees.
  • keep and maintain the Hire Equipment in a working order, so that the Hire Equipment is suitable for rehire by the Company.
  • ensure the that the Hire Equipment is stored securely, whenever it is not in use, including the use of a lock which is to secure the bike to an immovable object
  1. Cancellation and refunds

  • Should a Hire not proceed then the Company reserves the right to re-schedule the Hire at the Hirer’s convenience, issue a refund voucher to the Hirer in the case of purchases bought through a third party reselling Hires (“Reseller”), or reimburse the Hirer the price paid for a Hire, but otherwise the Company shall not be liable for any loss or damage (including travel expenses or any other out of pocket expenses) relating to the cancellation of a Hire.

  • Hires are not refundable, except in accordance with these Terms or as agreed in writing by the Company. Refunds, where permitted, will only be made to the person who purchased a Hire from the Company.
    Should the Hirer wish to cancel the Hire for any reason and provides the Company with notice of:
  • greater than 24 hours, the Hirer shall be entitled to a full refund of the price.
  • between 24 hours and pickup, the Hirer shall be entitled a refund of 50% of the price as the bike will be prepped and set up for that Hirer
  • less than 24 hours’ notice, the Hirer shall not be entitled to any refund. Under discretion the company will work to find a solution to re-schedule the Hire Day, at a changeover fee of $20.00
  1. The Company’s liability
  • All Hirers must read, acknowledged and agree to this TERMS AND CONDITIONS AND DISCLAIMER, which must be agreed in by company communication standards. This may take the form of hard copy, email or via SMS service by the Hirer before any hire services can be undertaken.
  • Hirer agrees that to the extent permitted under applicable law, in no event will the Company or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Hire, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.
  • To the extent permitted by law, the Company limits its liability for breach of any term, condition or warranty implied by statute and that cannot be legally excluded to, at the Company’s option: (i) refunding the price of the goods or services in respect of which the breach occurred; or (ii) providing, replacing or repairing those goods or providing those services again. To the maximum extent permitted by applicable law, in no event shall the Company’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceed an amount equal to the booking fee actually retained by the Company in connection with the Hire giving rise to such claim.

It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or to have insurance coverage that covers you in respect of any goods or services provided by the Company, prior to proceeding with a booking.

  1. Disclaimer
  • The Hirer accepts that bike riding is a dangerous undertaking and has inherent dangers and risks, including the risk of injury or death to the participant.
  • The Hirer accepts that in undertaking such activities, does so at their own risk.
  • The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the Company to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the Company for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the Company including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the company, its office bearers, directors, employees or agents.