theTerms of Hire – Great Southern Ride
These Terms of Hire (Terms) apply to the hire of all bicycles and electronic bicycles (Bikes) and related equipment (Equipment) by Godzula Pty Ltd ACN 643 608 084 trading as Great Southern Ride (GSR) to you (Customer) as at the date and time we confirm our acceptance of your Hire Order Form.
In these Terms:
Bike Laws means all laws and rules relating to cycling, including road and trail use.
Customer means a person who submits a Hire Order Form, and to whom GSR hires a Bike and/or Equipment. Where the Customer is under 18, Customer also means their parent or guardian.
Equipment means any equipment hired or loaned to a Customer including but not limited to a bike helmet, bike lock, emergency repair kit, bike lights and ebike batteries.
Hire Fee means the amount payable by the Customer for the hire of the Bike and any Equipment, as set out in the Hire Order Form.
Hire Order Form means the GSR hire order form setting out the Customer’s details, details of the Bike and Equipment hired (including sizes), the Hire Period, and the Hire Fee.
Hire Period means the duration of the Bike and Equipment hire as set out in the Hire Order Form.
Road Rules means the Road Safety Road Rules 2017 (Vic) as amended from time to time.
3.1 To hire a GSR electronic bicycle a Customer must be at least 18 years old. To ride an E Bike, the Customer must be at least 13 years old. Photo identification to confirm age must be provided.
3.2 All Customers must be able to ride a Bike competently and independently, without being a danger to themselves or another person.
3.3 GSR may in its sole discretion deem a person ineligible to hire a Bike and/or Equipment if they are (in GSR’s reasonable opinion) unable to demonstrate compliance with these eligibility conditions or for any other reason.
- Orders, Acceptance and Cancellation
4.1 Following the Customer’s submission of a Hire Order Form, GSR will contact the Customer to confirm or reject the order. GSR may reject orders for any reason, including if insufficient Bikes and/or Equipment are available for hire, the relevant sizes are not available, or if (in GSR’s reasonable opinion) the person submitting the Hire Order Form does not demonstrate compliance with the eligibility conditions in section 3.
4.2 If an accepted order is later cancelled by the Customer, but cancellation occurs at least 48 hours before the hire is due to commence, any payments made to GSR by the Customer will be refunded less bank charges and less an administrative fee of $15. A cancellation confirmation email will be sent to the Customer. The Customer is responsible to ensure that GSR has up-to-date contact details for the Customer at all times.
4.3 If an accepted order is cancelled by the Customer less than 48 hours before the hire is due to commence (including if a Customer fails to collect the Bike and/or Equipment), the Customer will not be entitled to any refund of monies paid to GSR in respect of the cancelled hire.
- GSR Obligations
5.1 GSR will provide Bikes in a ‘ready to ride’ condition, Bike and Equipment sizing per the Hire Order Form, and will adjust the seat height, suspension and brake lever for the Customer upon collection.
5.2 If you require assistance with bike repairs during the Hire Period (not relating to damage caused by your misuse of the bike or failure to comply with these Terms), GSR will use reasonable endeavours to assist with repairs or to provide a replacement bike.
- Customer Obligations
The Customer must:
(a) pay to GSR the Hire Fee (inclusive of GST), and other applicable charges, on submission of the Hire Order Form; and
(b) pay a fee of $20 per hour or part thereof for late returns (the per hour charge being incurred once the Hire Period expires and in the first minute of each subsequent hour that the return is late).
6.2 Use of Bikes and Equipment
The Customer must:
(a) take reasonable care of the Bike and Equipment at all times whilst in his/her possession, use the Bike only to the extent of the Customer’s level of experience and ability, and not allow any other person to use the Bike or Equipment;
(b) keep the Bike and Equipment secure from theft or damage whilst in his/her possession, and notify GSR immediately of any loss or theft of the Bike or Equipment;
(c) ride the Bike in accordance with the Bike Laws and Road Rules, in a safe manner (no doubling, jumping or hopping, no riding on footpaths unless a designated bike path), and respecting all other users of the roads and the Great Southern Rail Trail;
(d) wear their helmet at all times, not ride under the influence of drugs or alcohol, and not allow another person to ride on the bike with the Customer, including on any attachment such as a child seat or buggy;
(e) return the Bike and Equipment to GSR by the end of the Hire Period in good order and in the condition as hired (fair wear and tear excepted), and report any mechanical problems or damage to the Bike and/or Equipment upon return to GSR.
- Title and Risk
7.1 The Customer will not have any right, title or interest in the Bike or Equipment except as a hirer with the right to possess and use the Bike and Equipment in accordance with these Terms.
7.2 The Bike and Equipment are at the Customer’s risk from the point of collection by the Customer until the Bike and Equipment are returned to GSR.
- Theft or Damage
8.1 GSR will inspect the Bike and Equipment on return to GSR. The Customer is responsible to cover the cost of any theft, loss or damage (fair wear and tear excepted) of or to the Bike and/or Equipment the subject of his/her Hire Order Form where it can be shown that the affected Bike or Equipment was not used or kept in accordance with section 6.2.
8.2 Customer credit card details will be retained until return and inspection of the Bike and Equipment are complete. GSR will have the right to recover from the Customer and charge the Customer’s credit card for repair and replacement costs for lost, stolen or damaged Bikes for which the Customer is responsible under section 8.1 including:
(a) lost or stolen Bike: $2000
(b) lost, stolen or damaged helmet: $100
(c) lost stolen or damaged bike lock, emergency repair kit (whole or part), or bike light: $60 per item
(d) lost, stolen or damaged ebike battery $350
- Wet weather and equipment shortages
9.1 GSR is not responsible or liable if your Great Southern Ride experience is affected by inclement weather or shortage of Equipment due to incorrect sizing. GSR has the right to cancel any order or hire due to inclement weather, actual or potential safety issues or mechanical or other issues with Bikes and/or Equipment.
9.2 If GSR cancels an order under section 9.1, GSR will refund to the Customer all amounts paid in respect of that hire, but GSR has no liability for further loss (whether direct, indirect or consequential) suffered or incurred by the Customer in connection with the cancellation by GSR.
9.3 GSR has rain jackets and ponchos available for purchase if it is raining on the date of hire. If the Customer chooses to cancel because of the weather (actual or forecast), the cancellation provisions in section 4.2 and 4.3 will apply.
10.1 The Customer agrees to indemnify, keep indemnified and hold harmless GSR from and against all claims, damages, liabilities, losses, demands, actions, costs and other expenses of whatever nature arising directly or indirectly from:
(a) any personal injury or death of any person or damage or destruction of any property arising from the Customer’s failure to comply with Road Rules or Bike Laws, or the Customer riding the Bike while under the influence of drugs or alcohol;
(b) any theft, loss or damage to, or destruction of the Bike and/or Equipment due to the Customer’s failure to keep the Bike and/or Equipment secure; and
(c) any willful damage to the Bike and/or Equipment by the Customer.
This indemnity shall be a continuing indemnity.
10.2 GSR excludes and disclaims all liability to the Customer in the event the Customer suffers or incurs loss caused by any of the circumstances set out in section 10.1.
11.1 Governing Law
These Terms are governed by the laws of the state of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
The failure or delay in exercising a right in these Terms does not constitute a waiver or affect that party’s future ability to exercise that right.
If any provision or part of a provision of these Terms is unenforceable, that provision or part is to be severed and its severance does not affect the enforceability of the remainder of the provision or Terms.