BEYOND BYRON E BIKES (BBEB)
NOTICE and WAIVER
Take Care and always ride within your abilities
Recreational activities (including road cycling, electronic bicycle riding, mountain biking, remote bicycle riding of any kind & bush walking) involve a significant risk of physical harm or personal injury which may include (but not be limited to): injury, pain and suffering, long term injury, permanent disability, disfigurement and/or death (each of which can give rise to financial and economic losses) of participants in these recreational activities. Any such injury may result from your actions or from the action, omission or negligence of others.
Electronic bicycle riding and remote bicycle riding can give rise to unique risks relating to high speed riding including high speed crashes, bike failure, Rider failure, equipment failure, difficulty in accessing emergency services, exacerbation of existing medical conditions, fear, exposure to extreme weather, and a range of other risks.
By using and participating in BBEB goods and services you consent to these risks and consent to assuming all liability for your own participation in activities giving rise to risks and you waive any duty of care whatsoever BBEB to prevent any risk or reduce the impact of any risk on you whether foreseeable or not by BBEB or the Rider and including reckless conduct and/or negligence on the part of BBEB or any action howsoever arising that you may have had against BBEB.
It is important that all Riders wear an approved helmet at all times on the bike
HELMETS are mandatory while using BBEB goods and services and Riders must always wear an approved helmet when on the bike. Helmets are necessary for each rider, but they do not eliminate all risk of injury in the event of an accident.
Rider use of BBEB Bikes and other Equipment “as is”
It is always possible that a bike or equipment may fail to perform in the expected way or in the way that it has performed in the past and may perform differently in different conditions and the Rider acknowledges that this risk exists irrespective of any action taken or not taken by BBEB and waives any liability of BBEB for any loss whether foreseeable or not by BBEB.
BBEB invites all Riders to perform a safety check of the hire bike prior to their ride, which ought to include (but not be limited to):
- Check brakes are functioning, and pads are not worn
- Check gear shifting and break levers are sound;
- Check air and condition of tyres:
- Check wheels are sound;
- Check chain and gear movement is sound;
- Check seat and seat post are secure;
- Check helmet sound and adjusted for correct fit.
BBEB provides below the following resource to assist Riders however BBEB provides this resource as guidance only and does not take responsibility for the accuracy of the contents at the time that Riders are utilising BBEB goods and services:
Rider Responsibility and agreement to abide by all reasonable instructions & safety procedures of Beyond Byron E Bike Tours
The Rider hereby assumes all liability for their own use of and participation in BBEB goods and services and hereby discharges BBEB from any duty of care whatsoever to the Rider and the Rider must at all times comply with the instructions and safety directions of BBEB, its employees or agents.
Riders to comply with all formal Road Rules
It is a condition of use of and participation in BBEB goods and services that Riders comply with all applicable formal road rules of the area in which they are using BBEB goods and services and BBEB provides below the following resource to assist Riders to understand their obligations while using local roads however BBEB provides this resource as guidance only and does not take responsibility for the accuracy of the contents at the time that Riders are utilising BBEB goods and services:
Agree to the principles of ‘Leave No Trace’
BBEB seeks to abide by the Leave no Trace principles and invites all Riders to adopt these principles at all times.
Riders may encounter wildlife whilst riding on off-road trails. Riders must not approach or interact with any wildlife.
TERMS AND CONDITIONS
- Beyond Byron Experiences Pty Ltd (ACN 637 514 115) trading as Beyond Byron E-Bikes is referred to herein as “BBEB”.
- BBEB owns and makes available electric mountain bikes (herein referred to as “Bike”) and biking equipment such as cycling helmets, locks, multi-tool, backpacks, panniers and other gear (herein referred to as “Equipment”) for guided tours & self-guided tours (herein referred to as “Tour”) and E Bike hire (herein referred to as “Hire”)
- BBEB provides tour services, Hire services and self-guided tour goods and services to the public.
- Goods and Services
- The Rider wishes to hire a BBEB bike and associated equipment from BBEB and BBEB agrees to rent a BBEB E-Bike to the Rider on the terms and conditions set out herein.
- The Rider may also wish to participate in a guided tour utilizing services provided by BBEB and BBEB agrees to provide those guided tour services on the terms and conditions set out herein.
- The Rider may also wish to participate in a self-guided tour utilizing services offered by BBEB and BBEB agrees to provide those self-guided tour services on the terms and conditions set out herein.
- The goods and services set out above are together referred to in this agreement as the Goods and Services and reference to the Goods and Services refers to each one and any combination of them.
- For the purposes of this Agreement, the goods or services to be provided by BBEB are determined by the Rider undertaking a booking procedure with BBEB and any booking of the Rider expressly forms a part of this agreement.
- For the purposes of this Agreement the goods and services are provided by BBEB on the condition that the Rider electronically executes a Waiver of BBEB liability and the terms of such Waiver form part of this Agreement.
- The Rider agrees to pay to BBEB all advertised fees and charges for BBEB’s goods and services and the Rider’s timely payment of all BBEB fees and charges hereby constitute a term of this agreement.
- While using BBEB goods and services the Rider must follow all local traffic rules and regulations and BBEB is under no obligation to inform the Rider of those rules and regulations.
- The Rider agrees to operate, maintain and secure the bike and equipment reasonably and not exceed the inherent limitations of the hired bike and equipment.
- The Rider agrees to participate in any Tour or Hire reasonably and assumes full responsibility for their own conduct while participating in any Tour or Hire.
- The Rider must be in a fit state to use or participate in BBEB goods and services at the time of commencing their use or participation in BBEB goods and services and throughout their use or participation and must not be under the influence of any alcohol or drugs besides those prescribed by a treating medical or psychiatric practitioner.
- The Rider assumes full responsibility for their own decisions as to the use or participation in BBEB goods or services including their use of the Bike, their assessment of any health concerns and any decision to seek medical advice or care, their decision as to what route to travel on, their decisions while on any guided tour or any self-guided tour, their decisions as to what personal items to bring or not to bring while using BBEB goods and services, and any other material matter.
- The Rider agrees to follow any reasonable direction of BBEB given during their use of or participation in any BBEB good or service while acknowledging that they assume all liability for their own decisions throughout their use or participation.
- The Rider is responsible for their conduct while using or participating in BBEB goods or services and agrees to observe the ‘leave no trace’ policy of BBEB and agrees to cause no harm to any BBEB staff or any fellow participant throughout their use or participation.
- In order to assist the Rider BBEB may provide some guidance on local traffic rules and regulations but any guidance provided does not constitute a complete or accurate representation as to what local traffic rules and regulations are in place at that time.
- BBEB may give the Rider reasonable direction or conditions of participation and the Rider agrees to comply with any direction or condition issued BBEB or its staff, agents or personnel.
- BBEB only offers goods and services to people over the age of 18 years or people under the age of 18 years in the presence of a Rider who is their parent or guardian. By contracting with BBEB the Rider is representing to BBEB that they are over 18 years old and BBEB reserves the right to inspect formal identification of all Riders.
- The Rider agrees to wear footwear that covers their entire foot and to use all BBEB supplied equipment including any helmet and eye protection while using BBEB goods and services.
- The Rider agrees that the terms and conditions set out herein are fair and reasonable to enable BBEB to provide the goods and services.
- BBEB has the right to cancel the Rider’s service at any time at its sole discretion and may retain any payments made by you for that service without providing the service. in the event that it forms the view that the Rider’s use or participation in BBEB’s goods or services constitutes a risk to any BBEB personnel, any other person, or the Rider, but has no obligation to do so.
- The Rider hereby indemnifies BBEB for all loss and damage caused by any action or omission of the Rider or which flows from the Rider’s use of or participation in BBEB goods and services without limitation and authorizes BBEB to charge to the Rider’s credit card or invoice the Rider for any reasonable damage to, costs or losses of BBEB or any of its assets resulting from the Rider’s use of or participation in any BBEB goods or services and any failure to pay any invoice or make any credit card payment will give rise to interest of 10% per annum.
- The Rider agrees that BBEB refers to all staff, agents, representatives and personnel of BBEB.
LIABILITY AND INDEMNITY
- BBEB does not represent or promise that BBEB goods and services or their use or participation in them are without risk or are safe to use by the Rider or any other person.
- BBEB provide no warranties express or implied that its goods and services or their use or participation in them are without risk or are safe to use by the Rider or any other person, and the goods and services is accepted by the Rider on an “as inspected” basis.
- BBEB has no obligations whatsoever to ensure that BBEB goods and services are safe for the Rider to use or participate in or do not give rise to health risks of the Rider and has no obligations whatsoever to ensure the fitness of the Rider to use or participate in BBEB goods and services.
- The Rider acknowledges that injury both short-term and long-term, mental harm, permanent disability, death, economic and financial losses , and other forms of non-economic loss can occur through the use of BBEB goods and services and the Rider agrees to hold BBEB harmless for any and all loss or damage to the Rider of any kind including breach of any duty to the rider howsoever arising and including negligence or reckless conduct by BBEB or foreseeable loss of any kind to the Rider and/or any asset of the Rider that may flow from the Rider’s use of BBEB goods and services.
- The Rider accepts all risks associated with use of or participation in BBEB goods and services and forever waives the right to enforce any action against BBEB (or any of its employees, agents, representatives or personnel) for any loss or damage occasioned by the Rider’s use of BBEB goods or participation in BBEB services including in relation to facts not known at the time of entering into this agreement and forever discharges BBEB from any duty to the Rider howsoever arising.
- The customer agrees that BBEB’s liability pursuant to this agreement is limited to:
- Reasonable efforts to assist the customer in relation to any injury or loss flowing from BBEB’s services;
- Resupply of services that fall below the standard set in this agreement; or
- A refund of the monies paid for the services.
- And that this clause has the effect of releasing BBEB from any further action in negligence.
CANCELLATION& VARIATION FOR ALL TOURS (GUIDED AND SELF GUIDED AND E BIKE HIRE)
- If you fail to arrive at the commencement of the Tour or Hire, BBEB may cancel your booking and retain any payments made by you.
- If you cancel your Tour or Hire, you will be entitled to a refund provided at least 7 days notice, prior to commencement of the Tour or Hire, is given. Failure to provide the required notice will result in forfeiture of any payments made by you.
- If you cancel your Tour or Hire, you will be entitled to a credit voucher for a future Tour or Hire provided at least 48hrs notice, prior to commencement of the Tour or Hire, is given. Failure to provide the required notice will result in forfeiture of any payments made by you.
- We endeavor to ensure every Tour or Hire goes ahead; however, we reserve the right to cancel at any time prior to the commencement of the Tour or Hire due to circumstances beyond our control.
- If we cancel your booking and/or the Tour or Hire prior to commencement for any reason other than as a result of you not arriving prior to the commencement of the Tour or Hire, we will refund you all the money you have paid us for the cancelled service.
- If any event beyond our control occurs (for example fire or severe weather event) we may to the extent permitted by law, either: vary the Tour or Hire or cancel the Tour or Hire and refund you any payment received by us for that cancelled service.
- We may vary the Tour at our discretion for any reason prior to and during the Tour and we will not be liable to refund you any payment received by us on account of the Tour price.
- If you require rescue due to not being able to complete the tour booked you may be chargeg a pickup fee of up to $35 per person (Unicorn Falls & Rail Trail Tour) or up to $25pp for Rail Trail E Bike Hire.
- By booking bike Hire and/or participation in a Tour with BBEB you are consenting to BBEB collecting and retaining your private information and you are consenting to BBEB using your private information to better develop our products and services for you and for other customers now or in the future and to convey your personal information to third parties to better develop our products and services now or in the future.
- If you order the wrong size bikes (based on your height and our guidelines on the bike selection page) and you are unable to safely ride the bikes ordered (i.e. they are too big for you or your children) and there are not the correct size bikes available, for your heights, then you will be given a full credit for the booking to use another time.