POLICY STATEMENT
As part of our commitment to achieving the principles of responsible environmental management, sustainability, and protection of the natural environment in our workplace, we recognise our moral and legal responsibility to ensure that our activities, products, and services are designed to protect and enhance the environment of the communities in which we operate, and our obligations to ensuring that our operations do not place the natural environment or the local community at risk of harm. Whether they are capable of riding a bike on Australian roads, and urban and rail trail environments (off-road).
Waiver and Disclaimer
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMER CAREFULLY. If you do not agree to these terms you may not use our products and services.
Picnics and Pedals (“the Business”).
By using the Business’s hire bikes, equipment, and services you agree to these TERMS and CONDITIONS and DISCLAIMER.
Payment confirms booking and acceptance of TERMS AND CONDITIONS
In addition, it is important that you read our Privacy Policy (published at https://pedalsandpicnics.com.au/policies/privacy-policy ) which forms part of these
Terms and Conditions and Disclaimer detail how we collect and deal with your personal information.
Picnic Hire
The Business reserves the right to add, withdraw, substitute, and/or vary advertised routes, prices, and departure times (“Arrangements”) for a Hire without notice, due to inclement weather, police or road authorities’ restrictions, safety, or any other cause. However, reasonable endeavors will be made to maintain Arrangements as advertised.
All Hirers are required to be waiting at the agreed delivery location at least 10 minutes prior to the stated time as per the Hirer’s Booking Communication. Arrival after this time may result in delays, rescheduling, or cancellation of Hire at the Business’s discretion, without refund. All reasonable efforts will be made to ensure the Hirer satisfies their booking conditions. In the event the Hirer is unable to take delivery of the bike and equipment as arranged, then the Business shall be entitled to charge for the Hire.
Deliveries will be made to the Hirer at the relevant nominated collection point, which shall be deemed to be delivered to the Hirer. The Business shall not be liable for any loss or damage whatsoever due to the failure of the Business to deliver the bike and equipment (or any of them) promptly or at all.
Hirers must be able to reference a Booking Confirmation and have accepted the hire T&C.
Hirers must be 18 years of age or over and be of sound mind and in good health and physical fitness.
Hirer’s body weight must be below the bike manufacturer's stated limit of 130kg.
Hirers may be required to undergo an assessment as to whether they are capable bike riders and whether they are capable of riding a bike on Australian roads, and urban and rail trail environments (off-road).
All risk for the Hire Equipment passes to the Hirer upon collection or delivery. The Hirer accepts full responsibility for the safekeeping of the Hire Equipment and indemnifies the Business for all loss theft or damage to the Hire 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 Hirer.
The Hirer accepts full responsibility for and shall keep the Business 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 Hire Equipment during the Hire Period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.
The Hire Equipment is and will at all times remain the absolute property of the Business, nonetheless, all risk for the Hire Equipment passes to the Hirer on and from the commencement of the Hire Period until the Hire Equipment has been returned into the possession of the Business. That is, the title to the Hire Equipment shall remain with the Business.
The Business may refuse any person participating in a Hire, at the Business’s absolute discretion, whether or not that person has previously purchased a Hire.
The Business will reimburse the price paid for a Hire if a person is refused participation in a Hire for any reason other than as set out in this Form. Failure to agree to the TERMS AND CONDITIONS AND DISCLAIMER will also result in cancellation.
Hirer must:
operate the Hire Equipment safely, only for its intended use, and strictly in accordance with the provisions of the Road Traffic Act 1974 (NSW) and its amendments (the Act) and Regulations made under the provisions of the Act, and using all relevant safety gear, and in accordance with any instructions whether advised by the Business or supplied with the Hire Equipment.
Site graphics, design, and text are copyrighted by the Business. Permission is granted to electronically copy and to print hard copy portions of the Site for the sole purpose of placing an order with the Business or using the Site as a shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of the Business, is prohibited.
The Business and its authorised sub-contractors have the authority to create, use and reproduce any photograph taken of the Hirer for any purpose including display and purchase by or on behalf of Hirers, without prior notice or payment of compensation to the Hirer.
All Hirers authorise the Business to take a $500 holding deposit, at the Business’s discretion, from the Hirer’s nominated credit card at the commencement of the hiring Period.
All Hirers authorise the Business to charge the nominated credit card to recover costs associated with the loss, theft, or damage of hired equipment at current Australian recommended retail prices.
The purchase of a Hire is non-transferable and specific to a particular Hire service. Hires and Gift Certificates, rights or entitlements to Hires and Gift Certificates, must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including without limitation promotion of any supplier or any supplier’s products or services) without the Business’s prior written permission. If the Business reasonably believes that these activities have occurred without such consent, the holder of a reservation or Gift Certificate may be refused participation in a Hire, without payment of any compensation.
The Hirer must advise the Business of Hire times reserved can only be changed up to 48 hours before the original Hire date and changed only by time or date to another available time or date.
All Hires must be paid for at the time of making the reservation unless otherwise agreed by the Business in advance.
The Business may charge your credit card for any products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing the Business with a valid credit card for payment of all fees. All fees will be billed to the credit card you designate during the registration process. The Business accepts credit card transactions processed through Shopify, a highly respected and secure payment gateway. If at any time the Business is unable to process your credit card for payment, the Business reserves the right to charge you for any applicable default charges and/or cancel your account if payment cannot be obtained and seek recovery of any outstanding amounts due by you in accordance with applicable law.
The Hire Period shall commence upon the earlier of:
the delivery of the Hire Equipment to the location requested by the Hirer;
the collection of the Hire Equipment by the Hirer from the Business;
the pick-up of the Hirer, by the Business.
The Hire Period shall terminate upon the later of:
the collection of the Hire Equipment from the Hirer by the Business; or
the drop-off of the Hirer, by the Business.
The hire period is on a calendar day bases. (8am to 5pm)
Hires will not proceed if the Business decides in its absolute discretion, whether for safety reasons or any other reason, to cancel a Hire at any time.
Should a Hire not proceed then the Business reserves the right to re-schedule the Hire at the Hirer’s convenience, issue a refund voucher to the Hirer in the case of purchases bought through a third party reselling Hires (“Reseller”), or reimburse the Hirer the price paid for a Hire, but otherwise the Business shall not be liable for any loss or damage (including travel expenses or any other out of pocket expenses) relating to the cancellation of a Hire.
Hires are not refundable, except in accordance with these Terms or as agreed in writing by the Business. Refunds, where permitted, will only be made to the person who purchased a Hire from the Business.
Should the Hirer wish to cancel the Hire for any reason and provides the Business with noticevia email up to 36 hours before reservation time we offer a 100% refund.
Anything less than 36 hours notification then you will be issued a voucher orre-schedule the Hire to a suitable date and time.
Cancellation due to it raining at the time off pick up receive a Full Refund
All Hirers must read, acknowledge and agree to these TERMS AND CONDITIONS AND DISCLAIMER before any hire services can be undertaken.
Hirer agrees that to the extent permitted under applicable law, in no event will the Business or its officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues,
profits, goodwill, use, data, lost opportunities, business interruptions, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Hire, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.
To the extent permitted by law, the Business limits its liability for breach of any term, condition, or warranty implied by statute and that cannot be legally excluded to, at the Business’s option: (i) refunding the price of the goods or services in respect of which the breach occurred; or (ii) providing, replacing or repairing those goods or providing those services again. To the maximum extent permitted by applicable law, in no event shall the Business’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceed an amount equal to the booking fee actually retained by the Business in connection with the Hire giving rise to such a claim.
It shall be your responsibility to make all necessary inquiries and take any action you consider necessary if you require insurance or to have insurance coverage that covers you in respect of any goods or services provided by the Business, prior to proceeding with a booking.
The Hirer accepts that bike riding is a dangerous undertaking and has inherent dangers and risks, including the risk of injury or death to the participant.
The Hirer accepts that in undertaking such activities, does so at their own risk.
The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the Business to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the Business for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the Business including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Business, its office bearers, owners, employees or agents
A reference in this terms and conditions contract to a Hirer, person, group or party includes natural persons, corporations, partnerships, associates and associations, or other legal entities.
In this hire contract where a party comprises more than one person, those persons shall be bound by this hire contract and terms and conditions, jointly and severally.
If there is more than one Hirer/person in a group it is the group organiser’s responsibility to ensure every member of the group understands and accepts the Business’s Terms and Conditions. It is the group organiser’s responsibility to provide the Business with the name, contact details, driver's licence or passport details of each member of their group.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of the Business to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Business in writing.
These Terms and Conditions of use may be changed by the Business from time to time. Any such changes become effective immediately upon being posted to the Business website. It is your responsibility to check the terms and conditions of use for any changes periodically and in any event prior to using the Business’s hire bikes, equipment, and services. If you do not agree to any changes, you must not use the Business’s hire bikes, equipment, and services in any way. Your use of the hire bikes, equipment, and services indicates that you agree to the amended terms and conditions of use.
The Hirer acknowledges that the hiring is personal to the Hirer and the Hirer must not allow any third party to use, re-hire or take possession of the Equipment at any time for any purpose.
These Terms and Conditions are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of such state.
In this agreement, unless the context otherwise requires:
“Hire” means the provision of any Hire Equipment or service supplied by the Business to the Hirer;
“Hirer” refers to the person, firm, organization, partnership, corporation trust, or other entity hiring the Hire Equipment from the Business and includes any employees, agents, and contractors of the Hirer;
“Hire Equipment” means any and all bikes, helmets, lights, locks, and/or any other equipment supplied by the Business to the Hirer (and where the context permits, shall include any supply of services);
“Site” means the website located at the domain www.picnicsandpedals.com.au and any derivation thereof;
and “Hire Period” has the meaning given to that term, as provided in clause 8
AUTHORISED BY
Britt-Marie Ladley
Picnics and Pedals
