PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. PLEASE CONTACT US WITH ANY QUESTIONS.
These Terms and Conditions form part of the Agreement made between Port City Cycles Pty Ltd (ABN:19 157 896 056 ) and the Hirer. It is hereby agreed as follows:
The Hirer will be responsible for any damage to the Bicycle regardless of the cause. A credit card imprint is required as a bond.
If the Hirer incurs a puncture the Hirer will at his cost have the tyre repaired without recourse to Port City Cycles but will provide to Port City Cycles the detail of any such repair. An initial puncture returned to Port City Cycles will be repaired at no cost and any further punctures will be repaired at a subsidised cost.
The Hirer agrees not to ride the bike if it has a puncture or flat tyres.
If the Hirer has an accident, the Hirer must immediately notify Port City Cycles.
If the Bicycle is damaged and unable to be ridden whether for mechanical or legal reasons, the Hirer must immediately notify Port City Cycles.
The hirer warrants that he will:
Securely lock the Bicycle whenever it is left unattended, by using the lock provided.
Ensure the tyres are kept at proper pressure as per manufacturers guidelines stated on the tyres;
Not sublet or hire the Bicycle to any other person;
Not operate the Bicycle, or permit it to be operated, in circumstances that constitute an offence by the rider;
Not operate the Bicycle, or permit it to be operated, in breach of any legislation or by-laws relating to road traffic;
Be familiar with, understand and comply with Western Australia’s road rules;
Pay any traffic fines accrued during the Period of Hire
Pay the replacement cost of any lost or damaged keys, helmets or locks or any other accessory hired
Pay the cost of repairing any punctures or replacing damaged tyres by anyone except Port City Cycles as per clause 2 of The Agreement
Pay any other amount equal to all other costs, expenses, claims, demands and penalties incurred or otherwise resulting from the use of the Bicycle and accessories by the Hirer or by any other person during the period during which the Bicycle is with the Hirer, beginning at the time of delivery of the Bicycle to the Hirer and ending at the time when the Bicycle is returned to Port City Cycles.
Pay the full hire charge applicable for the duration of the hire as documented in The Agreement signed on collection of the Bicycle, notwithstanding any early return of the Bicycle;
Pay all charges under this clause on demand, such demand for payment usually being made at the expiration of the term of the hire but some demand may be made later to cover costs and expenses which are subsequently determined;
Pay for any part or component of the Bicycle removed from it during the Hire Period or missing from it at the conclusion of the Hire Period.
Port City Cycles will supply the Bicycle in a safe, legally-compliant and roadworthy condition;
Provides no warranties, except to the extent required by law, to the Hirer in respect of the Bicycle or accessories and excludes all implied warranties where that is lawful;
For the sake of clarity, accepts no responsibility or liability, except for its obligations under this Agreement, for any costs, expenses, damages (including any damages for loss of enjoyment) or any other liabilities resulting from any damage to the Bicycle or accessories (whether accidental or otherwise), breakdown or any other failure of the bicycle or accessories, irrespective of whether Port City Cycles was in any way negligent;
Will not be liable to the Hirer nor to anyone claiming through or under the Hirer for any indirect, special or consequential damages arising in any way out of any matter covered by this Agreement;
Will not be responsible for any damage or injury to any person or property caused by the Hirer’s use of the Bicycle or of entering into this Agreement.
To avoid any doubt, this Agreement:
is governed in all respects by the laws of the State of Western Australia and the parties submit to the exclusive jurisdiction of the Courts of Western Australia;
authorises Port City Cycles to debit the Hirer’s credit card with any charges arising out of the Agreement; and
makes the Hirer liable for full payment of the Period of Hire even in the event that he returns the Bicycle early.
Deposits and cancellations will be determined at time of booking.
Port City Cycles will not be held responsible for the Bicycle not being available for the Period of Hire at time of booking if such unavailability is the result of unforeseen circumstances at the time the booking was made.
Port City Cycles
There is risk involved in bicycle riding. Risks in undertaking this activity include motor vehicle crashes, personal injury, damage to the bicycle and injury to others.
Port City Cycles reserves the right to withdraw its services, namely the hire of the Bicycle, from you if in our opinion your use of it is likely to endanger you or others.
EXCLUSIONS: To the extent permitted by law, all Port City Cycles’ liability for damage to you or your property, disruption to any travel plans, or mental injury is excluded. I have read and agree to the above terms and conditions.
Safety Terms and Customer Declaration