Tasmania MTB Tours rents mountain bikes “Rental Bike” to its customers “Hirer” on the following terms:
It is the responsibility of “Hirer” to hold their own insurance policy to cover personnel medical care in case of accident and any third-party liability that may arise from the use of the “Rental Bikes” by the “Hirer”. No coverage is available from Tasmania MTB Tours to insure “Hirers” from loss in case of damage, theft or other liability incurred in the use of the rental Bikes.
Tasmania MTB Tours confirms that an experienced bike mechanic, prior to renting, reviews each “Rental Bike”. Each “Rental Bike” is prepped for rental and supplied to the “Hirer” in good clean operating condition and status ready to ride.
It is the “Hirers” responsibility to:
3.1 Operate the “Rental Bike” in a manner appropriate to prevailing road and weather conditions;
3.2 Wear a helmet at all times;
3.3 Know the relevant rules of the road and practice safe cycling; and
3.4 Know how to operate a multi speed mountain bike.
Subject to this clause the “Hirer” is responsible for any and all damage once “Rental Bikes” are received by the “Hirer”. This includes but is not limited to any form of theft and damage to the “Rental Bike”. A valid credit card is required as security in case of theft and/or damage for each hire bike prior to the commencement of the rental period or $100 cash bond. In case of theft an amount equal to the retail replacement value of the bike in Australian Dollars will be charged to the credit card being the replacement value of the mountain bike. Any damage will be quoted on for repair/replacement by an experienced Bicycle Retail Outlet and this amount charged to the “Hirer”. If the “Hirer” has paid for the rental by credit card, then that credit card will be held as security for the duration of the mountain bike rental. If the “Hirer” has paid by other means or not directly paid through Tasmania MTB Tours, then the “Hirer” will need to provide a credit card or $100 cash bond as security for the duration of the bicycle rental.
The “Hirer” acknowledges and agrees that Tasmania MTB Tours maintains no control over the operation of the “Rental Bike” by the “Hirer”. Tasmania MTB Tours assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason of:
5.1 Any wrongful, negligent or accidental acts or omissions on the part of the “Hirer” or the “Hirers” agent;
5.2 Any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by the “Hirer”;
5.3 Any wrongful or negligent acts or omissions on the part of any other party not under the control, direct or otherwise, of Tasmania MTB Tours. The “Hirer” hereby releases Tasmania MTB Tours and its agents and employees from and against any and all liability arising during the rental period;
5.4 The “Hirer” acknowledges that they are aware of the risks involved with cycling including but not limited to physical exertion, forces of nature, accidents, travel via any mode of transport, adequacy of medical facilities, or negligence (other than wilful or fraudulent) on the part of employees, agents or others of Tasmania MTB Tours;
5.5 The “Hirer” agrees to be responsible for their own welfare and accept any and all risk associated with the activities they undertake. The “Hirer” agrees that the terms herein are binding on them, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives;
5.6 The “Hirer” acknowledges and agrees that, and its agents have the right to refuse participation by any person Tasmania MTB Tours judges incapable of activities, and for not executing this document or other required documentation. Any dispute arising out of these matters whatsoever, shall be resolved in binding arbitration/adjudication under the laws of the country of Australia. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder.
The bike rental can be cancelled up to 7 days prior to the start of the rental period with a 20% cancellation fee and 80% refundable. Cancellations outside of 7 days are 100% refundable.
Each rental bike is rented with a bike helmet that meets the Australian safety standards and 2 water bottle cages. The “Hirer” may supply items such as pedals, saddles, computers, water bottles and tools kits for fitting to the “Rental Bikes”. Tasmania MTB Tours is not responsible for the any loss of or damage to any “Hirer” supplied equipment.