Terms and Conditions

Ulladulla Electric Bike Hire Terms & Conditions

These terms and conditions apply between Jose Respall ABN: 43244986633 trading as Ulladulla Electric Bike Hire (UEBH) and you in relation to the hire and use of UEBH’s Equipment during day light hours (the Agreement). By signing this Agreement or taking delivery and using the Equipment, you are deemed to have accepted the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, then you should not hire or use the Equipment.

  1. Lease of Equipment
    • UEBH will lease the Equipment to you during the Hire Period subject to the terms and conditions of this Agreement.
    • The Hire Period will commence on the Delivery of the Equipment to you, and will end when the Equipment has been returned by you to UBEH to the UBEH Main Location or an agreed alternative location.
    • UEBH warrants that the Equipment will on Delivery be in good working order and condition, and fit for the purpose for which it was manufactured.
    • Except as set out in this Agreement, all warranties, conditions and other terms implied by law are to the fullest extent permitted by law excluded. To the extent permitted by law, UEBH’s liability for a breach of any warranty will be limited to either of the following at UEBH’s absolute discretion:
      • delivering replacement Equipment; or
      • repairing the Equipment; or
      • repaying to you the Hire Fee.
  2. Use of Equipment
    • You acknowledge and agree:
    • that you will inspect the Equipment at Delivery and prior to use, and satisfy yourself that the Equipment is in good working order and suitable for your purpose and your individual circumstances;
    • that you will use the Equipment safely, only for its intended use, and strictly in accordance with all laws and regulations;
    • that you will operate and use the Equipment strictly in accordance with any written or verbal instructions given by UEBH;
    • that you are responsible for knowing the laws and regulations that govern your use of the Equipment, and that UEBH has no duty or obligation to instruct you as to the laws and regulations that might govern your use of the Equipment;
    • that you will only operate the Equipment on the left-hand side of any roads or designated concrete bike paths, and within a ten-kilometre (10km) radius of the UEBH Location;
    • that if you use or operate the Equipment on the beach, sand or in water, then UBEH will be required to dismantle, thoroughly clean and re-assemble the Equipment at your cost;
    • that you will at all times while using the Equipment wear an Australian approved bike helmet;
    • that you will not part with possession of the Equipment during the Hire Period, or permit any other person to use or operate the Equipment;
    • that you will keep the Equipment secured and locked during the Hire Period when not being used by you;
    • to notify UEBH immediately by telephone of any accident or mechanical defect;
    • that you will return the Equipment to UEBH at the end of the Hire Period in good working order as delivered, and without any damage; and
    • that you will not operate or use the Equipment under the influence of any drugs or alcohol.
  3. Warranties and Acknowledgment
    • You warrant to UEBH that:
      • you are above the age of 16, or the person that will use the Equipment is above the age of 16 if you are hiring the Equipment on their behalf;
      • you are physically able to operate and use the Equipment and are familiar with bike riding, its physical and mental requirements and the risks involved; and
      • you will operate and use the Equipment at all times during the Hire Period in accordance with the terms of this Agreement.
    • You acknowledge that:
      • UBEH makes no representation about any policy of insurance that should be held by you in relation to your use and operation of the Equipment, and that you have satisfied yourself in relation to the type and level of insurance that you will hold prior to entering into this Agreement, and using and operating the Equipment; and
      • the operation and use of the Equipment is an inherently dangerous activity, and risks to you include but are not limited to death, serious injury, damage to the Equipment and other bikes, gear and clothing, and damage to and/or serious injury to third parties and their property.
  4. Title and Risk
    • Title to the Equipment remains with UEBH at all times. Nothing in this Agreement transfer any ownership right in the Equipment to you, and your rights to the Equipment are limited to the right to use the Equipment during the Hire Period in accordance with the terms and conditions of this Agreement.
    • Risk in the Equipment passes to you on Delivery and until your return of the Equipment to UBEH.
    • To the extent permitted by law, you accept all risks associated with the hire, operation, and use of the Equipment.
  5. Hire Fee
    • In consideration for the supply of the Equipment for hire, you must pay to UEBH the Hire Fee [at the time of booking].
    • If the Hire Period exceeds the time that you have paid for, then you acknowledge and agree that UEBH will charge you an additional amount for the actual time of the Hire Period. The amount charged will be in accordance with Hire Fees outlined in this Agreement.
    • All prices advertised by UBEH are in Australian dollars and are [inclusive or exclusive] of GST. UBEH may change prices at any time without notice.
    • To secure your obligations under this Agreement, you authorise UBEH to charge your nominated credit card or debit card to recover any amount payable by you to UBEH under this Agreement, including but not limited to any costs associated with the loss, theft, or damage of the Equipment. [Note to Mark – you should have them complete and sign a credit card authorisation fee]
    • If you have reserved the Equipment, you must advise UBEH of any changes to your reservation at least [48] hours before the reserved time, otherwise you will be liable to pay the Hire Fee for the reserved Hire Period.
  6. Indemnity and Hold Harmless
    • To the extent permitted by law, you will indemnify and hold harmless UBEH, its Related Bodies Corporate, and each of their officers, employees, contractors, and agents (the Indemnified Parties) against all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable lawyer’s fees and costs, arising out of, connected with, or resulting from:
    • your use of the Equipment, including without limitation the selection, delivery, possession, use, operation, or return of the Equipment;
    • any claim by any third party relating to your use of the Equipment;
    • any breach of this Agreement by you; or
    • any damage or loss whatsoever to the Equipment.
  7. Limitation of Liability
    • Nothing in this Agreement will limit or exclude either party’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable) or for any fraud, fraudulent misrepresentation, deliberate default or wilful misconduct.
    • UEBH will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of revenue, loss of profit, loss of use, loss of capital, downtime costs, loss of financial opportunity, economic loss or any consequential or indirect financial loss, damage or expense arising under or in connection with this Agreement or the hire of the Equipment.
    • To the extent permitted by law, UEBH’s total liability to you in respect of all losses arising under or in connection with this Agreement or the hire and use of the Equipment, whether in contract, tort (including negligence) or damage to property will not exceed the aggregate amount of Hire Fee.
  8. Definitions and Interpretation
    • In this Agreement:
    • Delivery means the collection of the Equipment by you from the UBEH Location, unless the Hire Period is for seven (7) hours in which case you may elect for UBEH to deliver and collect the Equipment to you to any location within a ten-kilometre (10 km) of the UEBH Location
    • Equipment means one (1) electric bike, one (1) helmet, one (1) bike lock, one (1) small back basket, and one (1) smartphone holder.
    • Hire Fee means the fee payable by you to UEBH for the right to use the Equipment during the Hire Period, being:
      • $35 where the Hire Period is up to one (1) hour;
      • $55 where the Hire Period is up to two (2) hours;
      • $65 where the Hire Period is up to three (3) hours;
      • $75 where the Hire Period is up to four (4) hours; and
      • $85 where the Hire Period is up to seven (7) hours.
    • Hire Period means the period from delivery of the Equipment to you until the Equipment is returned by you to UEBH.
    • UEBH Location means [insert].
    • Related Bodies Corporate has the meaning given to the term in the Corporations Act 2001 (Cth).
    • Day Light Hours means the time between 8:00am to 5:00pm, in a 24-hour period Australian Eastern Standard Time (AEST).
    • If any provision of this Agreement or its application to any person or circumstance is or becomes invalid, illegal or unenforceable then the provision will so far as possible be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable.  If any provision or part of it cannot be so read down, then the provision or part of it must be deemed to be void and severable and the remaining provisions of this Agreement must not be affected or impaired in any way.
    • This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding on anything connected with that subject matter.
  9. Parent or Guardian Guarantee
    • If the person that will use or operate the Equipment is under the age of 18, then this Agreement must be entered into on behalf of them by their parent or legal guardian. By entering into this Agreement on behalf of a person under the age of 18, you warrant that you will procure them to use and operate the Equipment in accordance with the terms of this Agreement.