BenMad Pty Ltd trading as VeloCity Rides (the Company). Please read the following Terms and Conditions (T&Cs) carefully. By booking the Company's rental bicycles, e-scooters and/or other equipment (Hire Equipment) you confirm you have read, understood and accept these Terms and Conditions in their entirety.
Where a booking comprises more than one person, those persons shall be bound by these terms and conditions, jointly and severally.
The Company reserves the right to add, withdraw, substitute and/or vary advertised equipment, prices and associated services (“Arrangements”) for a Hire without notice. However, reasonable effort will be made to maintain Arrangements as advertised.
All Hirers are required to be waiting at the agreed delivery location at least 10 minutes prior to the stated time as per the Hirer’s Booking communication.
Deliveries will be made to the Hirer at the relevant nominated location, which shall be deemed to be delivery to the Hirer.
In the event the Hirer is unable to take delivery of the Equipment as arranged this may result in delays, rescheduling or cancellation of Hire at the Company’s discretion, without refund.
The Company shall not be liable for any loss or damage whatever due to the failure by the Company to deliver any or all of the Hire Equipment promptly or at all.
The Hire Equipment must be returned to the agreed location, within 10 minutes following the conclusion of the stated Hire Period. The Company reserves the right to charge a fee as a result of any delay in return of Hire Equipment (minimum fee is $50.00).
The Hire Equipment will be inspected at the time of return and any new damage will be photographed.
To the maximum extent permitted by law, the Company provides no warranties related to fitness for purpose of its equipment, either express or implied. While we endeavour to provide well-maintained equipment, you acknowledge and agree that the Company shall not be responsible for losses, direct or indirect, that result from your use of the Hire Equipment, whether as a result of mechanical failure or any other cause.
REQUIREMENTS TO PARTICIPATE
Hirers must be able to reference a Booking Confirmation and provide photo identification (Australian Driver’s License, Current Country of Origin Passport).
Hirers must be 16 years of age or over, be taller than 120cm in height, and be of sound mind and in good health and physical fitness.
Hirer’s body weight must be below the bike manufacturers stated limit of 120kg.
Hirers may be required to undergo an assessment as to whether they are a capable and competent to use the Hire Equipment and whether they are capable of riding such equipment on Australian roads and in an urban environment.
All risk for the Hire Equipment passes to the Hirer upon collection or delivery. The Hirer accepts full responsibility for the safekeeping of the Hire Equipment and indemnifies the Company for all loss theft or damage to the Hire Equipment howsoever caused.
The Hire Equipment is and will at all times remain the absolute property of the Company, nonetheless, all risk for the Hire Equipment passes to the Hirer on and from the commencement of the Hire Period until the Hire Equipment has been returned into the possession of the Company.
That is, title to the Hire Equipment shall remain with the Company.
The Company may refuse any person participation in a Hire, at the Company’s absolute discretion, whether or not that person has previously purchased a Hire. The Company will reimburse the price paid for a Hire if a person is refused participation in a Hire for any reason other than as set out in these Terms & Conditions. Failure to agree to these Terms & Conditions will also result cancellation and refund of purchased hire.
The Hirer must:
Satisfy itself at delivery that the Hire Equipment is suitable for its purposes;
Operate the Hire Equipment safely, only for its intended use, and in accordance with the provisions of the Road Traffic Act 1974 (WA) and its amendments (the Act) and Regulations made under the provisions of the Act, and using all relevant safety gear, and in accordance with any instructions whether advised by the Company or supplied with the Hire Equipment.
Operate the Hire Equipment only on made bitumen roads (with a speed limit of 50km/h or less if on an e-scooters) or designated shared paths;
At all times wear an Australian approved bike helmet;
Keep the Hire Equipment in their own possession and control;
Use front and rear lights when riding in conditions of low light and/or limited visibility;
Notify the Company immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Hirer is not absolved from the requirements to safeguard the Hire Equipment by giving such notification;
On termination of the Hire, the Hirer shall return the Hire Equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear excepted so that the Hire Equipment is suitable for rehire by the Company;
Ensure that the Hire Equipment is stored securely, whenever it is not in use;
Not assign the benefit of the hire contract to any third party to use, re-hire or take possession of the Hire Equipment at any time for any purpose:
Not be entitled to any lien over the Hire Equipment;
Not alter, adjust, modify or make any additions to the Hire Equipment or in any other manner interfere with the Hire Equipment;
Not operate the Hire Equipment under the influence of any drugs or alcohol;
Not use headphones, cameras, phones (other than for navigation purposes), portable music devices, or pagers while riding;
Make all necessary enquiries and take any action considered necessary to have insurance coverage that covers the Hirer in respect of any goods or services provided by the Company, prior to proceeding with a booking.
The VeloCity Rides website (Site) contents are copyright by the Company. Permission is granted to electronically copy and to print hard copy portions of the Site for the sole purpose of placing an order with the Company or using the Site as a shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of the Company is prohibited.
The Company and its authorised sub-contractors have the
authority to create, use and reproduce any photograph taken of the Hirer solely for the purpose of promotion of the Company without prior notice or payment of compensation to the Hirer.
TERMS OF PAYMENT
In consideration for the provisions of the Hire Equipment, the Hirer must pay the Company the price as advertised or as agreed in writing.
All prices on the Site are in Australian dollars and are inclusive of GST. Prices are subject to change without notice.
We charge a fixed rate by the day, whether the equipment is hired for all or part thereof. A day, is a calendar day, not a 24 hour period.
All Hirers authorise the Company to take a $500 security deposit from the Hirer’s credit card used at booking at the commencement of the Hire Period. All security deposits are fully refunded at the completion of the Hire Period subject to the return of Hire Equipment in substantially the same condition as in which it was provided to the Hirer.
All Hirers authorise the Company to charge their credit card to recover costs associated with the loss, theft, or damage of Hire Equipment at current Australian recommended retail prices.
All Hires must be paid for at the time of making the booking unless otherwise agreed by the Company in advance.
The Company may charge your credit card for any products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing the Company with a valid credit card for payment of all fees. All fees will be billed to the credit card you designate during the registration process..
If at any time the Company is unable to process your credit card for payment, the Company reserves the right to charge you for any applicable default charges incurred by the Company and seek recovery of any outstanding amounts due by you in accordance with applicable law.
The purchase of a Hire is non-transferable and specific to a particular Hire service. Hires and Gift Certificates, rights or entitlements to Hires and Gift Certificates, must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or any supplier’s products or services) without the Company’s prior written permission. If the Company reasonably believes that these activities have occurred without such consent, the holder of a booking or Gift Certificate may be refused participation in a Hire, without payment of any compensation.
The Hire Period shall commence upon the earlier of:
the delivery of the Hire Equipment to the location requested by the Hirer;
the collection of the Hire Equipment by the Hirer from the Company.
The Hire Period shall terminate upon the latter of:
the collection of the Hire Equipment from the Hirer by the Company; or
the drop-off of the Hire Equipment by the Hirer, to the Company.
Hires will not proceed if the Company decides in its absolute discretion, whether for safety reasons or any other reason, to cancel a Hire at any time.
Should a Hire not proceed then the Company reserves the right to re-schedule the Hire at the Hirer’s convenience, issue a refund voucher to the Hirer in the case of purchases bought through a third party reselling Hires (“Reseller”), or reimburse the Hirer the price paid for a Hire, but otherwise the Company shall not be liable for any loss or damage (including travel expenses or any other out of pocket expenses) relating to the cancellation of a Hire.
Hires are not refundable, except in accordance with these Terms or as agreed in writing by the Company. Refunds, where permitted, will only be made to the person who purchased a Hire from the Company.
Should the Hirer wish to cancel the Hire for any reason and provides the Company with notice of:
greater than 48 hours, the Hirer shall be entitled to a full refund or credit of the price paid;
credits must be used within 3 months of the original booking date;
between 48 hours and 24 hours, the Hirer shall be entitled a refund or credit of 75% of the price paid;
less than 24 hours’ notice, the Hirer shall not be entitled to any refund.
If the Hirer wishes to reschedule the Hire and provides the Company with:
greater than 48 hours’ notice, the Hire can be rescheduled for no additional fee; or
between 48 hours and 24 hours’ notice, the Hire can be rescheduled for an additional fee of $10.00.
You acknowledge and agree that you understand the inherently dangerous nature of using a bicycle or e-scooter and that you are qualified, in good health and in proper physical condition to ride the Hire Equipment.
You acknowledge and agree that use of the Hire Equipment involves risks and dangers of serious bodily injury, including permanent disability and death. These risks and dangers may be caused by your own actions or inactions or of others and you fully accept and assume all such risks and all responsibility for losses, costs and damages that you may incur as a result of your participation in such activity.
You acknowledge and agree that battery powered electric EV’s and equipment present a fire and hazard risk and you hereby release, discharge and covenant not to sue the Company, its respective administrators, directors, agents, officers and employees (collectively “Releasees”) from all liabilities, claims, demands, losses or damages caused or alleged to be caused in whole or in part by equipment failure, fire, explosion or hazardous event or circumstance.
You hereby release, discharge and covenant not to sue the Company, its respective administrators, directors, agents, officers and employees (collectively “Releasees”) from all liabilities, claims, demands, losses or damages caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise. You further agree that if, despite this Release, you or anyone acting on your behalf, makes a claim against any of the Releasees, you will indemnify, save and hold harmless each of the Releasees from any expenses, losses, liability, damage or cost which any may incur as a result of such claim.
To the extent permitted by law, the Company limits its liability for breach of any term, condition or warranty implied by statute and that cannot be legally excluded to, at the Company’s option: (i) refunding the price of the goods or services in respect of which the breach occurred; or (ii) providing, replacing or repairing those goods or providing those services again. To the maximum extent permitted by applicable law, in no event shall the Company’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceed an amount equal to the booking fee actually retained by the Company in connection with the Hire giving rise to such claim.
The failure of the Company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
These Terms and Conditions of use may be changed by the Company from time to time. Any such changes become effective immediately upon being posted to the Company’s website. It is your responsibility to check the terms and conditions of use for any changes prior to using the Company’s Hire Equipment and services. If you do not agree to any changes, you must not use the Company’s Hire Equipment and/or services in any way. Your use of the Hire Equipment and services indicates that you agree to the amended terms and conditions of use.
These Terms and Conditions are governed by the laws of Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of Western Australia.