Terms and Conditions of Hire1. Hire period: The hirer agrees to return the bicycle/s Trailers/s and accessories by the agreed Finish Date and Time.
2. Cost of late returns: If the bicycle/s Trailers/s and accessories are not returned by the agreed Finish Date and Time hire charges will be paid by the hirer as if the equipment was hired for up to the next appropriate longer period from the start time to the time when the bicycle/s and accessories are all returned and at the appropriate period rate as per the current rate sheet.
3. Damage to bicycle/s Trailer/s: The hirer will be liable for any loss or damage caused to the bicycle(s) and accessories during the hire period and until the bicycle/s and accessories are returned to the place where they were hired whether or not the hirer is at fault for the damage. The hirer?s liability is however limited to $350 AUD for day hires and $500.00 AUD for overnight hires per bicycle/ Trailer hired. The hirer will maintain the equipment in good order for the duration of the hire.
4. Personal safety: The hirer acknowledges that they have read and understood the safety brochures available on the web at http://www.transport.wa.gov.au/activetransport/ Gecko Bike Hire or from the Department of Planning & Infrastructure Government of Western Australia. The hirer acknowledges that the hirer has conducted a safety check of the bicycle/s trailer/s prior to hire and is satisfied that it/they is/are roadworthy and of a suitable size for the height and weight of the persons who will use the bicycle/s Trailer/s. The hirer agrees that the bicycle/s trailer/s will be used only by the cyclist/s who take/s delivery of the bicycle/s trailer/s at the start time and to ensure that the bicycle/s trailers/s is/are used in a safe and proper manner so as to limit the chance of causing loss damage or injury to the hirer and fellow cyclists or other people or the hired bicycles and their accessories. If the hirer becomes aware of any potential safety issue with a bicycle or trailer the hirer will ensure that the bicycle or trailer is no longer used and will advise Gecko Bike Hire or their agent as soon as possible.
5. Gecko Bike Hire not responsible for personal safety: While cycling is a perfect recreational activity for your leisure or enjoyment cycling can be dangerous to you and others with you. Cycling is a sporting activity and can involve a significant degree of physical exertion or physical risk. Although we encourage you to enjoy our services and make the most of your cycling experience with us you acknowledge the physical exertion risks and possible injuries to you or others with you associated with participating in recreational cycling activities.
5.1. We exclude all liability for death or personal injury arising from any failure by us to take due care and skill in performing our services and ensuring that our Bicycles and Accessories are reasonably fit for use by you. This exclusion of liability includes all of our employees agents and any other person we may have working with us in providing our Bicycles and Accessories to you.
5.2. Subject to any rights imposed by law that cannot be limited or excluded: 1) All warranties or conditions implied by law are excluded. 2) If implied warranties or conditions cannot be excluded but limitation is permitted our liability is limited to in relation to goods a refund of the purchase price actually paid the replacement of the damaged product or the supply of equivalent product at our absolute discretion and in the case of services the supply of the services again or the payment of the cost of having the service supplied again. 3) In no circumstances are we liable for special indirect or consequential loss or damage of any kind including any loss of profit or of contract even if you advise us of any special circumstances or such loss was reasonably foreseeable.
5.3. The hirer rents the bicycle/s trailer/s at the hirer?s sole risk and agrees that Gecko Bike Hire will not be held liable in any way for loss damage or injury caused to the hirer or any other person in connection with the bicycle/s or accessories.
6. Use and care of bicycles Trailers and Accessories: The type of bikes hired are indicated on the reverse side of this agreement either as a L for Leisure D for Dual and C for Child and T for Trailer T1 for one child and T2 for two children TB for attached trailer bike. The hirer understands that the bicycles may only be used for what they are designed for. Leisure bikes trailers type T1 and T2 are designed for leisure purposes and are not designed for off road cycling. The hirer will make sure that the bicycles and trailers are used only on paved roads paths and light trails and are not to be taken onto beaches or through salt water. Dual and Child bikes trailer type TB and not trailers type T1 and T2 may be used for leisure cycling on gravel roads and paths paved roads paths and light trails and are not to be taken onto beaches or through salt water. The hirer will also ensure that the bicycles are used only for normal leisurely cycling and will not be used in any sport or other competition or for any other purposes such as jumping tricks or water crossings or for carrying other persons or animals or for the carriage of goods other than personal effects reasonably required for leisure cycling. The hirer promises to inform Gecko Bike Hire or their Agent if any of the bicycles trailer?s are to be taken outside the metropolitan area as noted on the reverse side of this page.
7. Bicycles to be locked when unattended: The hirer will ensure that whenever the bicycle/s trailers are unattended by the hirer and other persons authorised by the hirer to use the bicycle/s trailer/s they will be locked to a suitable permanent structure using the lock and cable provided by Gecko Bike Hire. The hirer will not leave bicycle helmets and panniers unattended.
8. Lights and safety: All equipment hired is for day use only. Gecko Bike Hire does not hire light sets. Should the hirer use the equipment at night they must abide by the law and purchase and install a front and rear light in accordance with Australian Standards. These may be purchased from a bicycle retailer. The lights should be removed from the equipment after hire.
9. Additional Invoices: For more than 4 individual bikes and or more than 2 trailers a separate invoice must be completed and SIGNED BY THE HIRER. These invoices will all form part of the first master invoice and this agreement.