Terms & Conditions
1. Hire Agreement
1.1 The following Hire Terms and Conditions (“Conditions”) form the agreement (“Agreement”) between Granite Belt Bicycle Tours & Hire Pty Ltd ACN 601 820 393 atf The Boulton Hendry Family Trust ABN 88 715 287 859 (referred to as “GBBT”) and the individual or entity (referred to as “the Rider”) hiring bicycles and other equipment (“Equipment”) either through the website available at www.granitebeltbicycles.com.au (“Site”) or directly from GBBT. GBBT and the Rider are collectively referred to as “the Parties” and each “a Party”.
1.2 These Conditions constitute a legally binding contract between GBBT and the Rider. The Rider should read these Conditions carefully before signing and making payment. Payment for use of GBBT’s Equipment constitutes acceptance of these Conditions. If you do not agree to these Conditions, please do not hire Equipment from GBBT.
1.3 References to the Price List is the Price List set out on the Site or otherwise provided to the Rider by GBBT.
2. Authority of the Rider
2.1 The Riders hereby covenants with GBBT that he or she has the authority to sign this Agreement.
3. Rider over 18 years
3.1 The Rider signing this Agreement must either be 18 years and over.
3.2 GBBT will require presentation of photographic identification as proof of age before or at the time of delivery. GBBT is under no obligation to deliver the Equipment if such identification is not provided.
3.3 If the Rider is under 18 years, the parent or guardian of the Rider must sign this Agreement. The parent or guardian will take full responsibility of the Rider’s safety and all other obligations of the Rider under this Agreement.
4. Hire Period
4.1 The hire period (“Hire Period”) shall commence from the time the Equipment is delivered to the Rider by GBBT and will continue until the return of the Equipment to the designated place of hire or the agreed delivery address.
4.2 This Agreement will terminate automatically at the end of the agreed Hire Period.
4.3 No refund will be made for any time that the Equipment is not in use or if the Equipment is returned prior to the end of the agreed Hire Period.
5. Rider Responsibilities
5.1 The Rider accepts responsibility for all Equipment hired from time of delivery until the Equipment is returned to GBBT.
5.2 The Rider must use the Equipment in a proper, safe and careful manner and only for the purpose for which the Equipment is designed.
5.3 The Rider must observe the instructions and directions of GBBT for use and safety of the Equipment.
5.4 The Rider must have inspected the Equipment before using the Equipment and the Rider accepts the Equipment in its current state for the general use of cycling.
5.5 Before signing this Agreement, the Rider has conducted a full safety check of the Equipment, including as a minimum checking: 1. everything is tightened; 2. tyres inflated & sound; 3. wheels true; 4. brakes; 5. helmet fits snug when secured (helmet meets all required Australian Safety Standards); and 6. bell is working.
5.6 The Rider will ensure that, at all times the Equipment is used, that it: 1. wears a correctly fitted helmet in accordance with Australian law; 2. is a competent bike rider and is familiar with riding; 3. will not put themselves or any other person and road users in a life threatening situation; 4. will respect all road users, give way to pedestrians and obey the Australian Road Rules at all times; 5. will use common-sense and care when operating the Equipment; 6. will ride within their own limits and will not take any risks; 7. will keep left unless overtaking and only overtake when it is safe and in accordance with Australian Road Rules; 8. WILL NOT ride at night – as the Rider may not be covered under any applicable public liability insurance.
5.7 The Riders must lock the Equipment whenever not in use or out of their sight at all times. The Equipment must be locked through the frame to something fixed.
6. Hiring Fees, Charges and Payment
6.1 The Rider agrees to pay the hiring fees as set out on the Price List or otherwise agreed with GBBT (“Hiring Fees”) to GBBT at or before the time of delivery, unless otherwise agreed in writing before the Hiring Period by GBBT.
6.2 Any quotation of Hiring Fees given by GBBT must be accepted by the Rider within thirty (30) days otherwise GBBT has the right to vary the Hiring Fees at its discretion.
6.3 At GBBT’s discretion, a deposit, bond or credit card details may be required for Equipment as security, and such security will be refunded or released upon return of the Equipment in a condition acceptable to GBBT.
6.4 A credit card surcharge may be charged for all credit card transactions as set out on the Price List. GST and any other taxes (if applicable) shall be added to the Hiring Fees or any other fees under this Agreement except when they are expressly included in the Hiring Fees or other fees.
6.5 Group Bookings will incur a booking fee as set out in the Price List.
6.6 In the event that the Rider immediately notifies GBBT of any Equipment failure or breakdown, then the Hiring Fees will not be payable during the time the Equipment is not working, except where the Equipment failure or breakdown is due to the misuse or negligence of the Rider.
6.7 GBBT will charge an Accessory Replacement Fee as set out in the Price List, for any lost keys, locks, helmets, baskets or other parts and accessories (excluding bikes).
6.8 GBBT will charge a Clean and Service Fee as set out in the Price List for any Equipment returned with excessive mud on it that requires a full clean and degreasing to return the Equipment to the condition it was at the commencement of this Agreement.
6.9 GBBT will charge, in its discretion, either the full repair or replacement costs on all bikes not returned in the condition they were at the commencement of this Agreement due to damage caused directly or indirectly by the Rider.
6.10 Any Hiring Fees or any other fees under this clause that remain outstanding and payable shall incur interest at the rate of 2% per calendar month and such interest shall compound monthly at such a rate until payment is made in full.
6.11 The Rider will indemnify GBBT for all sums owing, including any interest and fees, and legal costs in recovering any monies owed by the Rider under this Agreement (on a full indemnity basis).
7. Refunds and Cancellations
7.1 Refunds are not available should the weather impede the use of the Equipment or if the Rider returns the Equipment early.
7.2 GBBT may cancel delivery of the Equipment at any time before the Equipment is delivered by giving notice in writing to the Rider at the email address provided by the Rider at the time of placing an order to hire the Equipment. On giving written notice, GBBT shall repay to the Rider any sums paid in respect of the Hiring Fees and release any security given.
7.3 GBBT is not liable for any loss or damage howsoever arising from cancellation.
7.4 In the event that the Rider cancels after making payment: 1. GBBT reserves the right to charge a cancellation fee of one hundred per cent (100%) of the Hiring Fees for cancellations without notice from the Rider and any Equipment orders by the Rider which are not picked up or not accepted for delivery; 2. Where cancellations are received more than thirty (30) days in advance of the Hire Period, GBBT will provide a refund after deducting an administration fee of 20% of the Hiring Fees; 3. For bookings where cancellations are received more within eight (8) to thirty (30) days in advance of the Hire Period shall incur a cancellation fee of 20% of the Hiring Fees plus an administration fee of 20% of the Hiring Fees; 4. For cancellations received seven (7) days or less of the Hiring Period, there will be no refunds made.
7.5 All cancellation and administration fees become immediately due and payable upon cancellation.
8. Delivery and Pick-Up
8.1 The Rider takes possession of the Equipment at the place of hire or the Rider’s nominated delivery address.
8.2 Delivery of the Equipment to a third party nominated by the Rider is deemed to be delivery to the Rider of the Equipment for the purposes of this Agreement.
8.3 The Rider must ensure that: 1. the Equipment is returned to the place of hire at the end of the Hire Period; and 2. upon being provided with notice, it will grant GBBT access to the delivery address to deliver, inspect, dismantle, collect and remove the Equipment at all times between delivery and collection or return of the Equipment. The Rider must ensure that access to the delivery address is unrestricted, and that dogs or dangerous animals are restrained at all times that a representative of GBBT is present.
8.4 The Equipment must not be transported by any vehicle to or from any place of hire by the Rider.
9.1 All property in, and title to, the Equipment remains with GBBT at all times. Nonetheless all risk for the Equipment passes to the Rider on delivery and for the duration of the Hire Period.
9.2 The Rider does not acquire any title or interest in the Equipment. The Rider’s interest in the Equipment is as bailee for GBBT only.
9.3 The Rider is responsible for the security of their personal possessions at all times and GBBT will not be liable for replacement of any personal possessions.
10. Loss or Damage to Equipment
10.1 The Rider will immediately notify GBBT if any of the Equipment is lost, stolen, breaks down, is damaged or ceases to operate.
10.2 If the Equipment breaks down or becomes unsafe to use for any reason (including fire, adverse weather conditions, mechanical failure) the Rider must immediately cease to use that Equipment and take all steps necessary to prevent damage to the Equipment and other property damage and personal injury.
10.3 The Rider must not dismantle or repair, or attempt to dismantle or repair the Equipment without GBBTs’ prior consent.
10.4 Throughout the Hire Period, the Rider accepts full responsibility for the safekeeping of the Equipment and shall bear all risks of loss, theft, damage and destruction of or to the Equipment and every part thereof, and no such loss, theft, damage or destruction, nor any other event or circumstance of any nature whatsoever, shall impair or frustrate any obligation of the Rider under this Agreement (including without limitation as to the payment of Hiring Fees or other payments) so that all such obligations shall, continue in full force and effect.
11.1 Cycling has inherent risks and dangers. It involves a degree of physical exertion and physical risk. The Rider may be riding on roadways with other road users such as cars, motorbikes, pedestrians, other cyclists, or uneven or unfamiliar surfaces, where there is a risk of personal injury to the Riders and other third parties.
11.2 The Rider uses the Equipment at his or her own risk.
11.3 The Rider and the Riders hereby release and indemnify GBBT and its agents from and against all and any claims, law suits, demands, liabilities, loss and damage (including indirect and consequential loss) costs, expenses, and interest, whether pursuant to common law or statute, in relation to property, death or personal injury, that the Rider may suffer or incur arising from or in connection with the hire and use of the Equipment, but excluding any loss or damage resulting from the negligence, breach of duty or breach of care of GBBT and its agents.
12. Limitation of Liability
12.1 ACL: Certain legislation including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer the Rider with rights, warranties, guarantees and remedies relating to the provision of services by GBBT to the Rider which cannot be excluded, restricted or modified (“Statutory Rights”).
12.2 GBBT’s liability is governed solely by the ACL. GBBT excludes all conditions and warranties implied by custom, law or statute except for the Rider’s Statutory Rights. Except for the Rider’s Statutory Rights, all Equipment and activities are provided to the Rider without warranties of any kind, either express or implied; and GBBT expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12.3 Products: If the Rider is a consumer as defined in the ACL, the following applies to the Rider: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
12.4 Liability: To the extent permitted by law, GBBT excludes all express or implied representations, conditions, guarantees, warranties and terms relating to the hire of the Equipment, related activities and this Agreement, except those set out in this Agreement, including but not limited to:
- implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Conditions;
- GBBT’s equipment or related activities being unavailable;
- and any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by the Rider or claims made against the Rider, arising out of or in connection with the inability to access the Equipment or related activities, and the late supply of Equipment, related services and/or activities, even if GBBT was expressly advised of the likelihood of such loss or damage.
12.5 Limitation: GBBT’s total liability arising out of or in connection with the Equipment, and related services and/or activities, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed one hundred dollars (AUD$100).
12.6 This clause will survive the termination of this Agreement.
13. Dispute Resolution
13.1 If there is a dispute between the Parties, the Parties agree to the following dispute resolution procedure: The complainant who has the dispute must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties will agree to meet in good faith to attempt to resolve the dispute by agreement between them, within 2 weeks of the complainant sending this notice, if reasonable, or as soon as possible after this period. If the parties will not meet, or cannot agree on how to resolve the dispute within 2 weeks of the meeting, either of the parties may refer the matter to a mediator. If the parties cannot agree on whom the mediator should be, either party may ask the Law Society of the Company’s State to appoint a mediator. The mediator may decide the time and place for mediation. The Parties must attend mediation to try to resolve the dispute through mediation or other alternative dispute resolution processes.
13.2 Any attempts made by the Parties to resolve a dispute pursuant to this clause shall be without prejudice to any other rights or entitlements of the Parties under this Agreement, by law or in equity.
14.1 This Agreement represents the entire agreement between GBBT and the Rider. No additional terms and conditions proposed by the Rider apply to this Agreement unless agreed in writing by GBBT.
14.2 If any part of this Agreement becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.
14.3 The Rider may not assign, sub-contract or transfer the benefit of this Agreement to another party without the prior consent of GBBT.
14.4 Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
14.5 Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.
14.6 This Agreement may be executed in any number of counterparts and, if so, the counterparts taken together will constitute one and the same Agreement. The date of this Agreement will be the date that it is executed by the last Party.
14.7 This Agreement may only be amended by written agreement executed by all the Parties.
14.8 This Agreement is governed by the laws of Queensland and the Commonwealth of Australia and are subject to the exclusive jurisdiction of the courts operating in Queensland. For any questions or notices, please contact us at: Granite Belt Bicycle Tours & Hire Pty Ltd ACN 601 820 393 atf The Boulton-Hendry Family Trust ABN 88 715 287 859, 2 Sheahan Street, Stanthorpe QLD 4380. Phone: +61 405 604 926. Email: firstname.lastname@example.org