BikeStyle Tours (BikeStyle) rents bicycles (Rental Bikes) to its clients (Client) on the following terms:
Travel Insurance: It is the responsibility of Clients to hold their own travel insurance policy to cover personnel medical care in case of accident, loss due to cancellation, and any third party liability that may arise from the use of the Rental Bikes by Clients. Clients can elect to select the “full coverage” option to insure Clients from loss in case of damage, theft or other liability incurred in the use of the Rental Bikes.
Status of Rental Bicycle: BikeStyle confirms that an experienced bike mechanic, prior to renting, reviews each Rental Bike. Each Rental Bike is prepped for rental and supplied to Clients in properly operating status, and is ready to ride.
For the duration of the hire BikeStyle will maintain the Rental Bike in a properly operating status.
Obligations of Clients: It is the Clients responsibility to:
- operate the Rental Bike in a manner appropriate to prevailing road and weather conditions;
- wear a helmet and other protective clothing;
- know the relevant rules of the road and practice safe cycling; and
- know how to operate a multi speed bike.
Theft of and Damage to Rental Bikes: Except as otherwise specifically provided for in this clause, the Client agrees to be solely responsible for the safe care, custody and operation of the Rental Bike and will indemnity and hold harmless (“Indemnity”) Bikestyle Tours for:
Any damage to and the costs associated with repairing the Rental Bike fair wear and tear excepted (including but not limited to all labour, replacement parts, repainting and any other work necessary to restore the Rental Bike to as new condition) during the Rental Period, whether or not caused by the Client, to the maximum of the market value of the Rental Bike as reasonably determined by Bikestyle Tours;
In the event of theft, the Rental Bike being un-repairable, or the anticipated costs associated with repair exceeding the market value (as reasonably determined by Bikestyle Tours), the market value of the Rental Bike as reasonably determined by Bikestyle Tours.
The Indemnity will not apply where:
- The Rental Bike has been stored in accordance with instructions provided to Clients by Bikestyle Tours, whether that be at overnight accommodation, in bike trailers provided by Bikestyle Tours or otherwise, and
- The Client has elected to choose and pay and full coverage option and in that event Bikestyle Tours agrees to release the client from any responsibility for any liability for damage to or theft of, the Rental Bike and Bikestyle Tours assumes all liability for any loss and damage to the Rental Bike.
Waiver: Clients acknowledge and agree that BikeStyle maintains no control over the operation of the Rental Bikes by Clients. BikeStyle assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of;
- any wrongful, negligent or accidental acts or omissions on the part of the Client or the Client’s agents;
- any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the Client
- any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of BikeStyle.
Clients hereby release BikeStyle and its agents and employees from and against any and all liability arising during the rental period. Clients acknowledges that they are aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than wilful or fraudulent) on the part of employees, agents or others of BikeStyle.
Clients agree to be responsible for their own welfare, and accept any and all risk associated with the activities they undertake. Clients agree that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives.
Clients acknowledge and agree that BikeStyle and its agents have the right to refuse participation by any person judged incapable of activities, and for not executing this document or other required documentation. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication under the laws of the country of Australia. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder.
Cancellation terms: The rental may be cancelled up to 14 days prior to the rental period with 10% administrative fee, 90% refundable. Within 14 days of the start of the rental, the full balance is non refundable if cancelled. Cancellations outside of 60 days are 100% refundable if prepaid.
Equipment Supplied: each rental bike is rented with a flat tire kit (1 spare tube, patch kit, tire levers, frame pump), 2 water bottle cages and a saddle bag. Clients are required to furnish their own pedals as Rental Bikes are NOT rented with pedals. Clients may supply items such as saddles, computers, water bottles and tools kits for fitting to the Rental Bikes. BikeStyle is not responsible for the any loss of or damage to client supplied equipment howsoever occasioned.
Helmets: Helmets are not included.
Clients agree to wear helmets at all times when riding Rental Bikes.