Terms & Conditions
1 November 2022
Please read carefully before agreeing to these terms and conditions.
The Operator (“Bay Cycles”) agrees to rent/hire the electric bike or bicycle(s), to the person or persons whose name or names appear on the hire agreement form agreement (“Hirer”) and the Hirer agrees to hire the bicycle(s) from Bay Cycles and abide by the terms set out below.
1. HIRE
1.1 The hire of the bicycle(s) and accessories commences on the date/time of agreement and return the bicycle(s) at the agreed time. After which time the bicycle(s) will be additionally charged at $20/hr each unless via direct agreement with Bay Cycles.
1.2 The Hirer must return their bicycle(s) and accessories to Bay Cycles in the same condition.
1.3 A current form of identification, such as a NZ drivers licence, or other photo ID, must be provided upon request.
1.4 The Hirer acknowledges that before executing this agreement, the Hirer inspected the bicycle(s). The Hirer also accepts the bicycle(s) as it is with all faults & defects (if any).
1.5 Children under 12 years of age are not permitted to ride our electric bikes.
1.6 Children 12-17 must be accompanied by an adult and have the parent or legal guardian who accepts responsibility and liability on behalf of the rider.
1.7 If there is more than one Hirer named in this agreement, the agreement binds them jointly and severally. However, all riders names must be provided at time of hire.
1.8 Terms and conditions of Hire (The term “Bike” and “Bicycle(s)”) referred to in the hire agreement refers to electric bikes and bicycles, The Term “Hire” in this agreement is also the same as the term “Rental” agreement).
2. PAYMENTS
2.1 The Hirer must pay a 50% deposit to confirm a booking. No bookings are held without a deposit.
2.2 The Hirer must have paid the full rental to Bay Cycles prior to taking the bicycle(s).
2.3 No refunds will be given for the return of the bicycle(s) before the expiry of term.
2.4 The Hirer must pay to Bay Cycles -
a. All costs of Bay Cycles to repair or have repaired, any damage caused to the bicycle(s) during the term or arising from the Hirer’s use of the bicycle(s).
b. The full amount of any loss however sustained by Bay Cycles arising out of or resulting from the hire of the bicycle(s)s by the Hirer.
3. HIRER’S OBLIGATIONS
3.1 The Hirer must ensure that:-
a. All reasonable care is taken of the security of the bicycle(s) and accessories (using the combination lock supplied with hire) when not in use.
b. The Hirer returns the bicycle(s) and accessories at the end of the term in a tidy condition.
c. The Hirer agrees that they will be the only person who rides the bicycle(s).
d. No persons shall interfere, except in an emergency, with any part of the electrical, braking or suspension systems of the bicycle(s).
3.2 The Hirer must not:-
a. Ride or allow the bicycle(s) to be ridden off formed cycle ways or paved roads. If evidence of off-road cycling use is found the rider may be liable for a cleaning charge of NZ$35.
b. Ride or allow the bicycle(s) to be ridden in any saltwater or sand whatsoever.
4. REPAIRS, LOSS, BREAKDOWNS & ACCIDENTS
4.1 If the bicycle(s) is damaged or requires repair or salvage, the Hirer shall advise Bay Cycles as soon as practicable.
4.2 The Hirer shall not be entitled to recover from Bay Cycles any sum for any delay, inconvenience, or loss of any kind due to any accident, breakdown or defect in the bicycle(s) or from any other cause whatsoever.
4.3 The Hirer uses, operates and possesses the bicycle(s) at the Hirer’s own risk. Bay Cycles is not responsible or liable for any loss or damage to any property or person.
4.4 The Hirer indemnifies Bay Cycles against any loss, damage, costs or claim incurred by Bay Cycles as a result of the hire of the bicycle(s) or accessories by the Hirer.
4.5 Loss of chargers (if supplied with hire) for electric bicycle(s)s will incur a $120 replacement fee each.
5. LIMITATION OF LIABILITY
5.1 Except where Bay Cycles is in breach of the Consumer Guarantees Act, the Hirer in entering this contract acknowledges that in all other circumstances whatsoever Bay Cycles, or any of their employees, or agents shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising including that resulting from the negligence of Bay Cycles.
6. CANCELLATION
6.1 In the event of climatic or environmental conditions making it unsafe to hire the bicycle(s) on the date of the hire, Bay Cycles will fully refund the Hirers bicycle(s) hire deposit fee or if prepaid in full.
6.2 In the event the Hirer cancels within 12 hours of the date/time of hire, for whatever reason (other than clause 6.1), or no shows, the hirers deposit will not be refundable.
6.3 In the event the Hirer cancels more than 12 hours from the date/time of hire, Bay Cycles will fully refund the Hirers bicycle(s) hire deposit fee or if prepaid in full.
6.4 Bay Cycles reserves the right to cancel the hire at any time, should it be necessary in the interests of safety, equipment failure, or other unforeseen circumstances. In this case, Bay Cycles will fully refundof the Hirers bicycle(s) hire deposit fee or if prepaid in full.
7. GOVERNING LAW
7.1 This agreement will be construed in accordance with the laws of New Zealand. International visitors to New Zealand must have full insurance due to limited ACC cover.
8. SAFTEY
8.1 The Hirer accepts that cycling and associated activities have inherited risk and can be dangerous. The Hirer understands these risks include (but not limited to): illness, accidents, poor weather, and collisions, all which may occur in isolated areas.
8.2 The Hirer accepts all responsibility and liability for ensuring their own safety.
8.3 The Hirer understands that NZ law requires the use of bicycle helmets, and the Hirer agrees to always wear a bicycle helmet (free of charge with hire) while using the bicycle. High-vis vests are also available for hire free of charge for visual safety, but it’s not a compulsory legal requirement to wear these.
8.4 The Hirer has been briefed regarding the Health & Safety and the functions of the bicycle(s) by our authorised staff.
9. NON WAIVER
9.1 The failure or delay by Bay Cycles to exercise a right under this agreement does not operate as a waiver of that right.
10. SEVERABILITY
10.1 If any provision of this agreement is void, unenforceable or illegal, it may be read down so that it is non-void, unenforceable or illegal. If after being read down, a provision remains void, unenforceable or illegal, the remainder of this agreement remains in full force and effect.