Terms and Conditions

BIKE RENTAL TERMS & CONDITIONS At my request, Peddly Picnics will permit me to hire a supplied bike (“bike” or “bicycle”) and associated equipment. I ACKNOWLEDGE THAT: INSURANCE: It is the responsibility of Clients to hold their own insurance policy to cover personnel medical care, injury or death in case of an accident, loss due to cancellation, and any third-party liability that may arise from the use of the rental bikes by clients. Peddly Picnics does not cover theft, negligence or misuse of equipment, damage caused during transit, or any other liability incurred in the use of any rental bikes.

STATUS OF RENTAL BIKE Peddly Picnics confirms that an experienced bike mechanic services all of the e- bikes regularly. Each e-bike is prepared for hire and supplied to clients in a proper operating condition and is safe and ready to ride. Peddly Picnics confirms that a thorough safety check of each bike is carried out prior to each hire. Clients will be supplied with a full safety demonstration and rider briefing prior to use of the e-bikes.

REQUIREMENTS TO PARTICIPATE: The Client must be able to reference a Booking Confirmation and have accepted the hire T&C. Client hiring the bike must be 18 years of age or over and be of sound mind and in good health and physical fitness. Children are permitted to participate providing they are old enough and of adequate height to operate an adult size e- bike, they must be accompanied by an adult at all times. All participants’ body weight must be below the bike manufacturer's stated limit of 130kg. Clients may be required to undergo an assessment as to whether they are competent bike riders and whether they are capable of riding a bike on Australian roads, and urban and off-road environments.

OBLIGATIONS OF CLIENTS: It is the Clients responsibility to acknowledge that they will perform the following actions prior to any bike rental:

• I am competent to safely ride the hire bike on Australian roads and in an urban environment, and to prevailing road/trail and weather conditions. I will operate the bike and equipment safely, only for its intended use, and strictly in accordance with the road code and any other applicable laws and in accordance with any instructions, whether advised by Peddly Picnics or supplied with the bike or equipment.

• I will wear all appropriate safety equipment at all times, including a bike helmet. I will not use cameras, phones or pagers while riding my hire bike. • I take full responsibility for the maintenance and safe keeping of the hire bike and equipment during my bike hire, including during the collection period proceeding and after my hire. - I will not use the bike for events or racing purposes.

• I will authorise a security hold for $500 on a card facility to pay for any bike damage liability. I will also provide a copy of drivers licence to Peddly Picnics prior to commencement of hire period.

THEFT OF AND DAMAGE TO RENTAL BIKE: Subject to this clause, the Client is responsible for any and all damage once rental bikes are received by the Client. This includes but is not limited to any form of theft and damage to the rental bike. Peddly Picnics will not be responsible for loss occasioned by the theft and/or damage of the rental bike during the rental period where the bike is rented by the client. Any damage sustained to the rental bike will be quoted for repair and/or replacement by an experienced bike mechanic at Just Ride Nerang, and the repair and/or replacement amount will be charged to the client. If the client has paid for the bike rental by credit card, then that credit card will be held as security for the duration of the rental period. If the Client has paid by other means, then the client will need to provide a credit card as security for the duration of the bike rental.

HIRE OF PICNIC ACCESSORIES The Client is responsible for all picnic items hired out, any missing or irreparable damage to our picnic equipment, the contact for the picnic hire will be notified and the credit card on file will be charged.

HIRE PERIOD The Hire Period shall commence upon the collection of the Hire Equipment by the Client from the Peddly Picnics’ business location 43 Main St, Tamborine Mountain Qld. The Hire Period shall terminate upon the return of the equipment to the Peddly Picnics’ business location. The hire period is on a calendar day basis. (9am to 5pm). The Client is required to allow 15 mins for safety demonstration and rider briefing prior to departure on the e-bikes from the Peddly Picnics’ shop location. All e-bikes, equipment and picnic accessories must be returned 10 mins prior to the business’ closing time of 5.00pm.

PAYMENT TERMS In consideration of the provisions of the hire equipment, the Client must pay the Business the price as advertised. All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice. The Clients authorises the Business to take a $500 holding deposit, at the Business’s discretion, from the Client’s nominated credit card at the commencement of the hiring Period. The Client authorises 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 booking is non-transferable and specific to a particular hire service. Bookings and Gift Certificates, rights or entitlements to bookings 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 Client must advise the Business of a change to a booking time up to 48 hours before the original booking date and changed only by time or date to another available time or date. All bookings must be paid for at the time of making the reservation unless otherwise agreed by the Business in advance. Peddly Picnics 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 online credit card transactions processed through Stripe, or in-store transactions through Square, both are highly respected and secure payment gateways. 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.

CANCELLATIONS AND REFUNDS E-bikes and picnic hires will not proceed if the Business decides in its absolute discretion, whether for safety reasons or any other reason, to cancel at any time. Should a booking not proceed then the Business reserves the right to re-schedule the booking at the Client’s convenience or reimburse the Client the price paid for the booking, 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. Bookings 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. 24 hours notice is required by the Client, should the Client wish to cancel the booking for any reason, whereby Peddly Picnics will provide either a full refund, or the option of re-scheduling the booking within a 6 month period. If less than 24 hours notification is provided by the Client then they will be issued with a voucher to re-schedule the booking to a suitable date and time. Cancellations due to inclement or dangerous weather at the scheduled time of a booking is permitted for a full refund or a voucher to re-schedule. AGREEMENT OF ACKNOWLEDGMENT AND WAIVER OF LIABILITY, INDEMNITY AND VOLUNTARY ASSUMPTION OF RISK: At my request, Peddly Picnics will permit me to hire a bike. In consideration of being permitted to hire a bike, I agree to be bound by the terms, conditions and effect of this Agreement of Acknowledgment and Waiver of Liability, Indemnity and Voluntary Assumption Of Risk (the ‘Agreement’). I acknowledge and agree that: 1. I have represented that I am competent to perform a safety check, and I will personally perform a safety check of the rental bike prior to my ride. 2. I have represented that I am competent to safely ride the rental bike, and I will observe safe riding practices and obey all applicable laws. 3. I will wear all appropriate safety equipment at all times, including a bike helmet. 4. I have represented that I am in good health and that I do not suffer from any cardiovascular, respiratory, muscular -skeletal or other medical conditions which may be affected by riding a bike. 5. This Agreement serves as a warning that cycling is an inherently dangerous recreational activity, presenting a great number of risks, such as the risk of falling, colliding with other riders or vehicles, encountering hidden obstacles or varying terrain, or the risk of injury from any failure of the bike or any of its components. 6. I voluntarily and expressly assume all the risks associated with cycling on my rental ride from Peddly Picnics, including the risk of serious injury or death. 7. I have carefully read (or had someone else read to me) and understood this agreement. I am also aware that by signing this agreement it may affect the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and successors. 8. Peddly Picnics reserves the right to charge me for any part or accessory removed, damaged or lost from the bike where in the opinion of a Peddly Picnics representative, the loss of parts and/or damage to the rental bike has been caused by me during my ride of the rental bike. 9. I authorise the collection, use and disclosure of my personal information as set out in Peddly Picnics’ Privacy Policy.

ON MY BEHALF AND BEHALF OF MY HEIRS, ASSIGNS AND PERSONAL REPRESENTATIVES, I HEREBY: (A) FULLY AND FOREVER DISCHARGE AND RELEASE PEDDLY PICNICS AND ITS RELATED BODIES CORPORATE AND THEIR RETAILERS, VENDORS, SUPPLIERS, EMPLOYEES, AGENTS, SPONSORS, VOLUNTEERS, INSURERS (BEING THE “RELEASEES”); AND (B) AGREE TO INDEMNIFY AND KEEP INDEMNIFIED THE RELEASEES, FROM ANY AND ALL LIABILITY CAUSING BODILY INJURIES.

Privacy Statement and Acknowledgement

Peddly Picnics will only use, disclose, or deal with your information in accordance with our Privacy Policy.