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Get Cycling Terms & Conditions (T&C's)

OUR COMMITMENT TO YOU
Get Cycling Pty Ltd is a Guided Bicycle Tour / Hire and Cycling Education company and we aim to make the experience as fun and enjoyable as possible.
 
TERMS AND CONDITIONS
Effective February 2022
 
  1. YOUR BOOKING
 
  1. When You make a Tour / Hire booking of a Bicycle.  As part of our obligations to you, We will endeavour to provide a Bicycle together with any additional equipment, subject to availability at the time and location you choose.
 
  1. Even if You have a valid booking, We may refuse to provide You a Tour / Hire where You do not present in a fit and stable condition to ride, or we deem it is unsafe to ride and for the Tour / Hire to progress.
 
  1. We reserve the right to cancel a Tour / Hire if  you do not provide the required Security Deposit or Charge Card, fail to pay the Tour / Hire Charges, are intoxicated, aggressive or confrontational with Our staff or due to Your prior conduct.
 
  1. At the time of booking you agree to pay a non-refundable deposit. 
 
  1. You may cancel Your Tour / Hire booking prior to the date and time of the commencement of Your Tour / Hire. Cancellation fees may apply. 
 
  1. A ‘No Show’ fee may apply if You fail to notify Us of Your cancellation of the booking prior to the date and time of the commencement of Your Tour / Hire.
 
  1. If we hold an account for You, You agree to pay this within seven (7) days.
 
  1. YOUR TOUR / HIRE PERIOD


    1. Your use of the Bicycle and equipment from Us is for the Tour / Hire Time.
 
  1. The Bicycle (including other accessory or equipment supplied) must be returned to the Get Cycling mobile vehicle / trailer after the Tour / Hire.  Should you fail to return the Bicycle and or Equipment in the same condition that you borrowed it, you agree to cover the costs of replacement or repair, which will be at our Discretion.
 
Early Return
 
  1. You may end Your Tour / Hire earlier than the time shown in the Tour / Hire Details Document by making such a request  however you will not receive a refund for the early termination.
 
Extending the Tour / Hire Period
 
  1. We understand that circumstances change and You may want the Tour / Hire to be extended for longer than the Tour / Hire Period. We may approve or deny Your request.
 
  1. If We do not approve Your request for an extension to the Tour / Hire Period, You must return the Bicycle by the due time.
 
  1. If We approve Your request for an extension to the Tour / Hire Period We will take payment at that time for the additional charges resulting from the extension.
 
Late Return:
 
  1. If You fail to return the Bicycle and equipment at the end of the Hire and Tour / Hire and We have not agreed an extension to the Tour / Hire you will be charged for the additional time including a penalty hourly rate at a per person cost and this will continue to be charged Until the Bicycle (and equipment) are returned.
 
  1. If We are unable to reach You using the contact details You provided or We suspect the Bicycle will not be promptly returned We may:
  1. recover the Bicycle by lawful means and charge You Our reasonable costs of recovery; and/or
  2. report the Bicycle as stolen.
 
 
  1. CHARGES AND PAYMENTS
 
Payment of estimated Tour / Hire Charges
 
  1. At the time of booking and prior to picking up the Bicycle You must pay the estimated Tour / Hire Charges using an accepted payment method  (unless we have set up an account with you which is done for corporate customers).
 
  1. The estimated Tour / Hire Charges are the Tour / Hire Charges We know about at the start of the Tour / Hire, calculated based on the agreed Tour / Hire and any options.
 
  1. Where the Bicycle (and / or equipment) is lost, or damaged you will pay the full replacement costs and agree that we can charge your credit / debit card for this expense or if court proceedings have to be started you agree to pay not only the replacement costs, but the legal costs and out of pocket costs to recover the losses.
 
  1. The estimated Tour / Hire Charges may not be all the charges which You must pay under the Tour / Hire Agreement as additional charges may apply if circumstances change (for example where You do not return the Bicycle on time, use additional services or if there is damage to the Bicycle etc.)
 
  1. Card payment fees apply and will vary depending on payment card used.
 
  1. Where accepted, a debit card must be a Debit MasterCard or Visa Debit Card which shows Your name printed on the card. Cards without Your name are not accepted as debit cards.
 
  1. For a list of accepted credit cards please contact Us.
 
  1. Cash payments are only accepted at select locations with Our prior approval.
 
Fines and Infringements
 
  1. You are liable for and must pay all fines and infringements incurred during Your use or during the Tour / Hire where You use the Bicycle, including all traffic fines, infringements, and penalties and, infringements.
 
Security Deposit
 
  1. We may charge an amount to Your Charge Card, (or take a cash deposit from You if a cash option is available at the Hiring Location) as security for additional charges which You may incur under the Tour / Hire Agreement (Security Deposit).
 
  1. YOUR RESPONSIBILITIES
 
Who may ride the Bicycle
 
  1. You must ensure that the Bicycle is only ridden by an Authorised Rider (which includes the Hirer and any Additional Rider approved by Us).
 
  1. All persons under the age of 18 must supply a consent duly signed by a parent or guardian. 
 
Your responsibility prior to the start of the Tour / Hire
 
  1. Prior to the start of Your Tour / Hire You must:
  1. allow Us to inspect Your riding ability and that of any Additional Rider ;
  2. pay the estimated Tour / Hire charges and any required Security Deposit and provide a Charge Card for additional charges;
  3.  fully inspect the Bicycle to ensure that the condition of the Bicycle and any pre-existing damage is accurately noted in Bicycle Condition Report, and that all equipment hired is present.
 
  1. If there is any discrepancy between the Bicycle Condition Report and the actual conditions of the Bicycle You must notify Us prior to leaving the Hiring Location so that any damage can be noted on the Bicycle Condition Report.
 
 
Your responsibilities during the Tour / Hire
 
  1. During the Tour / Hire Period and any subsequent period until the Bicycle is returned You and any other Authorised Rider must:
 
  1. (Take Care of the Bicycle) take all reasonable care of the Bicycle including taking care to:
    1. prevent Damage, theft of the Bicycle and Third Party Loss;
    2. ensure that the Bicycle is not overloaded by the number of persons or by the weight of goods carried and following any weight guidelines notified in the Bicycle, in the operating   or advised by Get Cycling staff. (If You are unsure of the number of passengers or weight of goods that the Bicycle can carry, please contact the Get Cycling Office);
    3. correctly use any security device fitted to or supplied with the Bicycle;
    4. protect the Bicycle against inclement weather
    5. prevent damage as a result of loading or unloading the Bicycle by ensuring the load is appropriately secured.
 
  1. (Keep Bicycle Secure) keep the Bicycle safe and if not being ridden locked and secure and for the chain you must keep the keys under Your personal control at all times and You must be able to produce those keys in the event of a theft of the Bicycle;
 
  1. (Comply with Law) comply with all applicable laws including:
    1. all mandatory helmet laws, (fines may be imposed by the police on any rider
    2. who does not have a helmet on or is not properly adjusted and fastened);
    3. All road and traffic Laws.
 
  1. (No Drugs and Alcohol) ride the Bicycle whilst under the influence of alcohol or drugs or whilst having a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit in the state or territory where the Bicycle is ridden;
 
  1. (No Criminal Act) commit:
    1. any wilful, deliberate, or criminal act, including an act of rider abuse; or
    2. (an act of connivance with any person acting for You or on Your behalf, that causes Damage or Third Party Loss;
    3. or use the Bicycle for any illegal purpose or in a manner which would result in a criminal offence;
 
  1. (No Dangerous Riding) ride the Bicycle dangerously or recklessly;
 
  1. (Prohibited Use) use against the Riding instruction or in prohibited areas which will be notified to you (if applicable) at the start of the Tour / Hire;
 
  1. (No Disposal of Bicycle) sell, rent, salvage, dispose of or otherwise part with possession of the Bicycle;
 
  1. (False Information) provide Us with information You know to be false or misleading, or knowingly fail to give us all the relevant information You have when assisting Us with investigations pertaining to any Accident or other Incident, or any court proceedings related to Your Tour / Hire Agreement;
 
  1. (Dangerous goods) use the Bicycle for carrying any dangerous goods or substances, any flammable items or toxic substances;
 
  1. (Traffic laws) use the Bicycle in contravention of any law or legislation controlling Bicycle traffic;
 
  • (Handheld Device) use a mobile phone, GPS unit or other handheld device whilst the Bicycle is in motion or stationary but not parked, unless the body of the phone or GPS unit is affixed to the Bicycle and the phone or GPS unit is not being held or touched at any time whilst being used;
 
  1. (Keys) leave the keys to the Bicycle chain, or with the Bicycle whilst it is unattended ;
 
  • (Leaving Bicycle Unattended) leave the Bicycle unattended following an Accident, except if Your health or safety would otherwise be endangered;
 
  • (Animals) use the Bicycle for transporting any animals, unless specifically approved by Us.
 
 
  1. RETURN OF THE BICYCLE
 
  1. At the end of the Tour / Hire Period, You must return the Bicycle, the Bicycle key and any accessories or equipment supplied by Us:
 
  1. to the Get Cycling mobile vehicle / trailer;
 
  1. in the same condition it was in at the commencement of the Tour / Hire, subject to reasonable wear and tear; and
 
  1. at the date and time set by Us.
 
  1. If You can not return the Bicycle to a Get Cycling designated Return Location we may charge You a One Way Fee.
 
Bicycle Condition and Cleaning
 
  1. If upon return the Bicycle requires cleaning exceeding fair wear and use (for example as a result of food, drink and other stains and marks, animal fur, mud, dirt, sand smoke or tobacco product damage) a cleaning fee will apply to recover the additional cleaning costs incurred. The amount of the cleaning fee will depend on the extent of cleaning required.
 
  1. If upon return the Bicycle or any accessory or equipment supplied is otherwise not in the same condition it was supplied in (subject to reasonable wear and tear) We may charge You for and You must pay all other reasonable costs required to return the Bicycle and any equipment supplied to the same condition it was in at the commencement of the Tour / Hire.
 
Refund of Security Deposit
 
  1. If a Security Deposit has been paid it will be fully refunded to You after return of the Bicycle provided that:
  1. the Bicycle and all equipment and accessories have been returned to the Return Location;
  2. all Tour / Hire Charges and other amounts payable under the Tour / Hire Agreement have been paid;
  3. there is no Damage;
  4. the Bicycle and equipment ie helmet interior and exterior are clean.
 
  1. If any of the above conditions are not met, We may retain the deposit until all Tour / Hire Charges have been paid and all Damage, cleaning and other charges incurred under the Tour / Hire Agreement have been assessed and paid. In the event You fail to provide payment for such charges, the Security Deposit will be applied towards these outstanding amounts and any remaining Security Deposit will be refunded to You.
 
  1. OUR RESPONSIBILITIES
 
Bicycle Quality
 
  1. We are responsible for ensuring that during the Tour / Hire Period the Bicycle provided is of acceptable quality and in good working order.
 
Bicycle Repair or Replacement
 
  1. If the Bicycle breaks down during the Tour / Hire Period through no fault of the rider or a third party, We will recover and repair the Bicycle as soon as possible. If the Bicycle cannot be repaired We will use Our best endeavours to provide a replacement Bicycle of an equivalent size and standard to the previous Bicycle for the remainder of the Tour / Hire Period / or organise a new Tour / Hire, or Refund (at our discretion).
 
 
  1. ACCIDENT, DAMAGE, LOSS OR THEFT OF BICYCLE
 
  1. This section 7 describes what You must do if there is an Accident, any instance of Damage, theft of the Bicycle, loss of the Bicycle or any other incident where the Bicycle may sustain Damage or You have lost or may lose possession or control of the Bicycle (Incident).
 
When to Notify the Police
 
  1. Either You or Us must notify the police immediately if there is an Accident or other Incident where:
  1. a person is injured;
  2. the other party failed to stop or exchange details;
  3. the Bicycle or any other Bicycle is stolen;
  4. any rider involved appears to be under the influence of drugs or alcohol;
  5. the Accident or Incident is required to be notified to the police under applicable legislation;
  6. theft of the Bicycle is discovered; or
  7. We instruct to do so.
 
  1. In the event of an Accident You need to:
  1. make the Bicycle secure;
  2. notify the Police and remain at the scene until police attend;
  3. get the details of all persons involved in the accident, (including names, phone numbers, email addresses, mailing addresses and third party insurance details) if there is a collision with a Motor Vehicle
  4. and record the registration of any Bicycle is involved;
  5. get the names and contact details of any witnesses;
  6. do not admit liability or make or give any offer, promise of payment, settlement, waiver, release or
Claims
  1. In relation to any instance of Damage, You must:
  1. permit and assist Us to bring, defend, enforce or settle any legal proceedings against a third party, including;
  2. attending at a lawyer’s office and/or court; and
  3. allow Us to claim in Your name under any applicable;
  4. substitute Bicycle insurance, and do everything that may be required to assist Us in making such a claim.
 
  1. TERMINATION OF THE TOUR / HIRE
 
Termination of the Tour / Hire
  1. We may terminate the Tour / Hire in the event of:
  1. a breach of the Tour / Hire Agreement that causes Damage or loss of or theft of the Bicycle or that has put the Bicycle at immediate threat of loss or Damage;
  2. a reckless breach of road or traffic legislation;
  3. a breach these Terms and Conditions;
  4. or the Bicycle being involved in a major Accident or
  5. where there has been major Damage.
 
  1. PRIVACY POLICY
    1. By entering into the Tour / Hire Agreement and by providing Us personal information, You and each Additional Rider represent and We proceed on the basis that You and the Additional Rider have read and agree to the terms of Our Privacy Policy and consent to Your personal information being disclosed for the purposes and in the manner described in the Privacy Policy.
 
  1. Without limiting clause 9 You agree that:
  1. if We receive an infringement notice or fine We may disclose Your personal information to the authority imposing the infringement notice or fine;
  2. if You default in the payment of any moneys owed to Us under the Tour / Hire Agreement, We may provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclose by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us;
  3. We may also provide Your information to a debt collection agency where any amounts owed under the Tour / Hire Agreement are overdue and You have not provided payment despite Our demand; and  We may disclose Your personal information to banks or debit and credit card providers to verify any transactions or if You dispute any transaction.
 
  1. You can contact Us if You do not want to receive marketing communications from Us.
 
  1. We may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the Bicycle to be tracked or located. By hiring a Get Cycling Bicycle You expressly consent to Us using a GPS Device on the Bicycle during the Tour / Hire Period and any subsequent period until the Bicycle is returned and collecting, using and retaining information from the GPS Device.
 
  1. OUR LIABILITY
 
  1. Unless otherwise expressly stated, to the extent permitted by law, Our liability in connection with this Tour / Hire Agreement and any law (including in relation to breach of any consumer warranty) is limited at Our option to the replacement, repair, or re-supply of the Bicycle for the remainder of the Tour / Hire Period or reimbursement of Your Tour / Hire Charges or establishing a new Tour / Hire.
 
  1. Unless We are negligent or as required by law, We will not be responsible for any loss (including loss of profits), damage, costs or expenses which You or an Authorised Rider incur, or death or personal injury to You or any other person as a result of Your Tour / Hire on the Bicycle.
 
  1. We are only responsible for any direct loss that You suffer as a result of Our breach of the Tour / Hire Agreement. We are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss.
 
  1. In accordance with this clause We are not responsible for any of Your property left in the Bicycle or damaged during Your Tour / Hire.
 
  1. DISPUTE RESOLUTION
    1. If You believe there has been an error in Your account or if You have any complaint, Our staff on the Tour / Hire will help You in every way they can to rectify the error or resolve the complaint.
 
  1. If they are unable to assist You or if Your concerns are not resolved to Your satisfaction You may refer the matter to Our Customer Relations Team to investigate and address Your concerns within 5 business days of receipt.
 
  1. GENERAL
 
  1. Nothing in the Tour / Hire Agreement excludes, restricts or modifies Your rights under the Australian Consumer Law or other applicable consumer protection legislation.
 
Contact details
 
Get Cycling P/L
Email: ride@getcycling.com.au


I consent to my child participating in Mountain Biking with Get Cycling. I understand that elements of the activity are physically, socially and emotionally demanding. I understand that the outdoor nature of the program will involve risks. The program may include cycling in semi-remote bush areas. The Get Cycling staff undertakes to use the utmost care in ensuring each participant has a safe environment to meet personal challenges. I understand that the appropriate safety information will be provided to participants before they participate in the activity. I understand that certain risks and dangers will exist such as (but not limited to) loss or damage to personal property, injury or fatality. I acknowledge that while Get Cycling will make every reasonable effort to minimise risks, not all dangers associated with the activity can be foreseen. I accept the fact that, while the Get Cycling Staff is skilled and experienced, they cannot guarantee participant safety since some risk is beyond their control. I consent for the instructor-in-charge to obtain appropriate medical attention in the event of accident or illness and I undertake to pay for any such treatment or medical advice. I understand that I will be informed at the earliest reasonable opportunity.
 Mountain biking is considered a dangerous recreational activity therefore the Get Cycling shall not accept any responsibility for any damages (howsoever arising) that occur during the session. If the participant in any session decides to use their own equipment during a session then they shall be solely liable for the maintenance of that equipment and shall ensure the road worthiness of the equipment and its suitability for use during the session.
The Owner retains property in the Equipment nonetheless all risk for the Equipment passes to the Rider on delivery.
The Parent or Guardian accepts full responsibility for the safekeeping of the Equipment and indemnifies Get Cycling for all loss theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the Parent or Guardian Rider  The Parent or Guardian Rider accepts full responsibility for and shall keep Get Cycling indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the Session period however arising and whether or not arising from any negligence, failure or omission of the Parent or Guardian Rider or any other persons.
Thank you for contacting us, please feel free to contact us for more info. bookings & feedback.
Ride Safe,
Roger
Get Cycling Terms & Conditions (T&C's) for Bike Hire
I accept that the information above is true and correct. I authorise the use of my personal information to be used for marketing purposes. I have read and understand the Terms and Conditions of Trade of Get Cycling. I accept full responsibility for breakages, loss or theft of bike(s) and equipment. Late returns of rental equipment will be subject to additional charges. rental bike(s) must be locked when unattended. Road rules must be obeyed whilst riding the rental bike(s). Equipment returned must be the same as rented. Rental bike(s) must not be ridden on the beach-sand  a $75 cleaning fee applies. Bikes are not to be ridden at night unless lights are fitted to the bike(s). A bicycle helmet must be worn at all times whilst riding. We ask that customers ride within their own limits at all times.
Get Cycling Terms & Conditions (T&C's) for Guided Tours
I hereby undertake this bike tour at my own sole risk and responsibility, absolutely and without recourse, and I agree not to hold Get Cycling liable for any injuries incurred or inflicted. I further accept full responsibility for breakage's, loss or theft of tour bike and agree that if the bike is my own that Get Cycling is not liable for any damages caused during the tour. I agree to follow all instructions from Get Cycling Tour Guides and if I choose not to then I do at my own risk and responsibility. I also agree to wear a safety helmet at all times and to obey all the road rules. I understand that Get Cycling will take reasonable steps to provide a safe environment for me and to ensure that all equipment supplied by them for the activity is of a reasonable standard. I hereby accept the terms and conditions stated above.