Under new management
1. The period of hire of the mountain bike will commence on the day the mountain bike leaves our premises (unless this agreement is otherwise terminated) and ceases on the return of the mountain bike to our premises.
2. A security deposit of $250.00 (credit card pre-authorisation hold) will be held by Big Mountain MTB Services PTY LTD, or its agents for the term of this agreement. In the event of a breach of this Agreement by the Hirer, Big Mountain MTB Services PTY LTD without limiting its own rights, may apply the whole or part of that deposit towards remedying the breach of compensating Big Mountain MTB Services PTY LTD for any resulting loss or damage.
3. The Hirer warrants and acknowledges that he/she has inspected the mountain bike prior to or at the time of commencement of the hire and is satisfied that the mountain bike is in good working order and condition and suitable in all respects for the purpose of the hire.
4. At all times during the hire period, the Hirer shall take proper care of the mountain bike and keep the mountain bike in good repair and condition (reasonable wear and tear excepted). At the end of the hire period, the Hirer shall return the mountain bike to Big Mountain MTB Services PTY LTD in such repair and condition.
5. The Hirer shall not allow any person not authorised by Big Mountain MTB Services PTY LTD to repair or otherwise carry out any work on the mountain bike.
6. The Hirer shall not sell, transfer, assign, mortgage, pledge, underlet, lend, or otherwise deal with the mountain bike from the State without the prior written consent of Big Mountain MTB Services PTY LTD.
7. On the occurrence of any one or more of the following events, the period of hire will terminate and, without limiting all its other rights, Big Mountain MTB Services PTY LTD will be entitled to the return of the mountain bike: - a) The Hirer makes default in the payment on due date of any fees or other amounts payable, or otherwise defaults in the service or performance of any of the terms in this agreement; b) The Hirer does or causes to be done any act, matter or thing, which is likely to endanger the safety, condition or safe keeping of the mountain bike; c) An order is made for the sequestration of the assets of the Hirer, or the Hirer enters in to any composition or arrangement with creditors; d) Any other event occurs which constitutes or evidence on the Hirers part a repudiation or refusal to be bound by the Agreement.
8. a) The Hirer has the benefit of conditions and warranties and other rights implied by law, which cannot be excluded by agreement. Nothing in this agreement shall be taken to limit in any way the benefit of those conditions, warranties, and rights. However, where under such law Big Mountain MTB Services PTY LTD is permitted to limit its liability to the minimum possible under that law; b) Subject to (a) Big Mountain MTB Services PTY LTD disclaims and negates all other express or implied conditions and warranties and all prior representatives and statements in respect of or relation to the mountain bike; c) The Hirer shall indemnify and keep Big Mountain MTB Services PTY LTD indemnified against any loss or damage which may arise in respect of the mountain bike or from the possession, use or question of the mountain bike by the Hirer or any other person and (without limiting the generality of the foregoing) against any loss or damage whatsoever for or in respect of injury to person or property arising out of the possession, use or operation of the mountain bike by the Hirer or any person in any manner whatsoever during the period until the mountain bike is returned. The indemnity does not apply in respect of loss or damage for breach of non-excludable condition warranty or right referred to in (a).
9. The Hirer warrants that he/she is authorised to make this agreement on behalf of all persons who possess, use, or operate the mountain bike during the period until the mountain bike is returned.
THEFT OF/DAMAGE TO HIRE BIKE
10. Subject to this clause the Hirer is responsible for all damage once the hire bike is received by the Hirer (reasonable wear & tear excepted). This includes but is not limited to any form of theft and damage to the hire bike. Excepting when the hire bike is hired to a customer, Big Mountain MTB Services PTY LTD will not be responsible for loss occasioned by the theft or damage of the hire bike during the hire period. Any damage will be quoted on for repair and the work performed by an experienced Big Mountain technician and this amount charged to the Hirer.
11. All cancellations must be made in writing and sent by email to Big Mountain MTB Services PTY LTD. Cancellation assessments will be calculated on the day we receive your notification.
If cancelling, the following policy will apply:
• 31-45 days prior; Cancellation charge of 25% of the total cost of the bike hire
• 15-30 days prior; Cancellation charge of 50% of the total cost of the bike hire
• 0-14 days prior; Cancellation charge of 100% of the total cost of the bike hire
MAKING CHANGES TO YOUR BOOKING
12. You can make changes to your booking up to 21 days prior to pick up. Any changes made after that time will incur a fee equal to a half day hire.
EARLY PICK UP/LATE RETURN
13. An early pick up e.g. 8:00am, is available through prior arrangement and a fee of $30 (thirty dollars) will apply.
14. It is the responsibility of the hirer to return the mountain bike and equipment to the designated location and at the time specified. A fee of $30 per half hour will apply for all late returns.
Please Note: When picking up your hire bike, you will need to bring photo ID and a valid credit card with you. If booking shuttles, you can request an early pick up but you must notify us ahead of time so that we can make the necessary arrangements.