Ecotekk Sunshine Coast Terms and Conditions The Operator agrees to rent/hire the bike or bicycle(s), to the person or persons whose name or names appear on the front of this agreement (“Hirer”) and the Hirer agrees to hire the Bicycle from the Operator and abide by the terms set out below .
1.1 The hire of the bicycle commences on the date and continues for the term.
1.2 The Hirer must return their bicycle to the Operator in exactly the same condition.
1.3 The Hirer acknowledges that before executing this agreement, the Hirer inspected the bicycle. The Hirer is satisfied as to the condition, quality, safety and road worthiness of the bicycle and its fitness for the Hirer’s purposes. The Hirer accepts the bicycle as it is with all faults and defects (if any).
1.4 The Bicycle may only be ridden during the term by the Hirer who must have zero blood alcohol content and not under the influence of drugs.
1.5 If there is more than one Hirer named on the first page of this agreement, the agreement binds them jointly and severally.
1.6 Terms and conditions of Hire (The term “Bike” and “Bicycle” referred to in the hire agreement refers to electric bikes and bicycles, The Term “Hire” in this agreement is also the same as the term “Rental”
2.1 The Hirer must pay the full rental to the Operator prior to taking the bicycle. Photo identification and credit card must be presented prior to rental, the Operator reserves the right to obtain a copy as security. No refunds will be given for return of the bicycle before the expiry of the expiry term.
2.2 The Hirer must pay to the Operator:- a. All costs, duties, penalties and fines that arise out of this agreement in the Hirer’s hire and use of the bicycle;
b. All costs of the Operator in pursing any claim against the Hirer as a result of the breach of this agreement by the Hirer including but not limited to the Operator’s costs of employing a debt collection agency or solicitors to recover monies owed by the Hirer.
c. All costs of the Operator to repair or have repaired, any damage caused to the bicycle during the term or arising from the Hirer’s use of the bicycle.
d. The full amount of any judgment (including any interest and costs) recovered against the Operator and the full amount of any loss however sustained by the Operator arising out of or resulting from the hire of the bicycles by the Hirer.
- HIRER’S OBLIGATIONS
3.1 The Hirer must ensure that:-
a. The tyres are maintained at their proper pressure.
b. All reasonable care is taken in handling and parking the bicycle and that it is left secure when not in use.
c. The bicycle is not used for any illegal purpose.
d. The bicycle and or Accessories are safely housed when not in use.
e. Any damage whatsoever, including scratches or dents, are notified to the Operator immediately.
f. The bicycle is not altered or tampered with in anyway.
g. No persons shall interfere, except in an emergency, with any part of the electrical, braking or suspension systems of the bicycle.
h. The Bicycle is not used for the carriage of passengers for hire or reward.
i. The Hirer pays for any parking fines or traffic violations incurred during the Hirer’s use of the bicycle.
j. The Hirer agrees to abide by road rules applicable to bicycles.
k. The Hirer notifies any person seizing or attempting to seize the bicycle of the Operator’s ownership of the bicycle and must give immediate written notice to the Operator of such seizure or attempted seizure.
l. Whenever the bicycle and or accessories are housed in a public place, that adequate security is maintained. The Hirer returns the bicycle and accessories at the end of the term in a clean and tidy condition.
3.2 The Hirer must not:-
a. Sublet or hire the bicycle or allow it to be used by any other person.
b. Ride or allow the bicycle to be ridden on any unsealed surfaces. Operate the bicycle or permit it to be operated in any race, speed test, rally or contest in contravention of any provision from time to time, of any act or regulation dealing with traffic offences.
d. Use the bicycle to cause any nuisance when riding on the footpaths.
e. Operate the bike in a dangerous or reckless manner.
f. Ride or permit the bicycle to be taken outside the radius of 40kM from the Operator’s premises.
g. Must not use the bicycle in poor light conditions unless fitted with working front and rear lights.
h. You do not have any serious medical illness or are pregnant at the time of operating and riding the bicycle. The hirer shall accept full responsibility in the event of an accident, bodily injury or death.
- REPAIRS, BREAKDOWNS & ACCIDENTS
4.1 If the bicycle is damaged or requires repair or salvage, the Hirer shall advise the Operator of the full circumstance by telephone as soon as practicable and the Hirer shall not arrange or undertake any repairs without authority of the Operator, except to the extent that the repairs are necessary to prevent further damage to the bicycle or to other property.
4.2 Any repairs necessitated by breakdown or mechanical damage caused by the inexperience or negligence of the Hirer, or the misuse of the bicycle shall be the responsibility of the Hirer.
4.3 If the bicycle breaks down, the Operator will make arrangement to repair the bicycle as soon as possible or
will replace the bicycle with a comparable bicycle where possible.
4.4 The Hirer shall not be entitled to recover from the Operator any sum for any delay, inconvenience or loss of any kind due to any accident, breakdown or defect in the bicycle or from any other cause whatsoever.
4.5 The Hirer uses, operates and possesses the bicycle at the Hirer’s own risk. The Operator is not responsible
or liable for any loss or damage to any property or person.
4.6 The Hirer indemnifies the Operator against any loss, damage, costs or claim incurred by the Operator as a
result of the hire of the bicycle by the Hirer.
4.7 Loss of the keys and chargers for electric bicycles will incur a $100 replacement fee.
4.8 In the event of an accident you (The Hirer) MUST NOT admit liability.
- LIMITATION OF LIABILITY
5.1 Except where the Operator is in breach of the Consumer Guarantees Act, the Hirer in entering into this
contract acknowledges that in all other circumstances whatsoever the Operator shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising including that resulting from the negligence of the Operator or arising by operation of law and whether suffered by the Hirer and/or third party for any amount that exceeds actually paid by the Hirer to the Operator pursuant to this contract.
6.1 The Operator may terminate this agreement and immediately repossess the bicycle if the Hirer fails to comply with any of the terms of this agreement, or if the bicycle is damaged. The termination of this agreement shall be without prejudice to any other rights of the Operator in this agreement or otherwise.
7.1 The Operator may at any time assign its interest pursuant to this agreement. The Hirer must not assign or change the agreement or any of its rights or obligations under this agreement.
- GOVERNING LAW
8.1 This agreement will be construed in accordance with the laws of Australia.
- NON WAIVER
9.1 The failure or delay by the Operator to exercise a right under this agreement does not operate as a waiver of that right.
10.1 If any provision of this agreement is void, unenforceable or illegal, it may be read down so that it is non-void, unenforceable or illegal. If after being read down, a provision remains void, unenforceable or illegal, the remainder of this agreement remains in full force and effect.