Terms & Conditions of Bike Hire

Please See Our Terms of Service for More Information Terms and Conditions of Bike Hire

1. General

(a) Definition of the Law This Contract is an agreement the hire of bicycles and accessories, (The “Equipment”) and the sale of (the "Goods”) detailed overleaf and will be governed by Australian law. The parties to the contract are:

(i) The first person named is (the “Hirer”)

(ii) The Central West Tours (the “Supplier”)

(iii) Where the hirer is not an individual acting in person, the person who's the first person named that appears on the form (the “Signatory”). No variation or addition to this contract shall be effective. If any condition is held to be invalid the others will not be affected. A decision not to enforce any condition will not constitute a waiver of the supplier’s rights.

(b) Extent of the Contract and non-assignability. The contract will be effective when the Hirer places a detailed order and the Supplier has accepted it. The Contract is not assignable.

(c) Termination of the contract: If the Hirer is in breach of the contract, the supplier may terminate the Contract and repossess the equipment without affecting any rights to recover monies due including damages for breach of the Contract or any other remedies.

(d) Ownership of the Equipment and Goods: The Equipment remains at all times the property of the supplier.

 

2. Hire Charges

(a) Basis of charging: Charges and commencement dates are as stated on the hire form and charges include Saturdays, Sundays and Public holidays until the Equipment is returned. The Hirer will pay all moneys due, including GST (if any) on demand. The Hirer will be liable for any reasonable legal charges incurred by the Supplier in the recovery of the amounts due. 

(b) Deposits /guarantee. Deposits are set at amounts reasonably required, normally being the replacement value of the equipment and may be used to set against any moneys due. Balances are refunded to the Hirer or Signatory upon the return of Equipment in good condition. If the Hirer pays the deposit/guarantee by credit/debit card, supplying credit/debit card details to the Supplier (electronically or otherwise) he/she authorises the Supplier to debit the amount due from the credit/debit card company for settlement for monies due.

 

3. Hirer’s Responsibilities

(a) Damage or loss costs. The hirer will pay for Equipment loss. Severe damage or Equipment loss will result in charging full replacement costs. Hire charges will accrue until settlement is made. The Hirer will also pay the cost of damage repair

  1. Delivery inspection and receipt of Equipment and Goods.
  2. The Hirer/signatory will examine the Equipment or goods at physical hand-over to    ensure satisfaction, any defects of the Equipment must be drawn to the suppliers’ attention at this time.

(b) Return of Equipment. Equipment may be returned to or picked up at a prearranged address by Central West Tours or authorised agent.

(c) Security of Equipment. The Hirer assumes responsibility for the Equipment and undertakes not to sell, rehire or part with possession, alter, repair or modify it in any way. When bikes are left unattended, they must be securely locked to an immovable object or locked in a secure room. 

(d) Maintenance of Equipment, and breakdown procedures. The Hirer is responsible for safety, safe use, serviceability and cleanliness of the equipment throughout the hire period and must immediately notify the supplier of any breakdown or shortcomings without attempt of repair.

(e) Daily inspection. The hirer agrees to inspect the equipment every day, to ensure that it is safe to use. Inspection must include, brakes are working correctly, front and back, wheel bolts/quick release mechanisms are securely holding wheels in position. if any defect is found during inspection, you must not use the equipment until a remedy has been sought.

(f) Signatories Warranty. The signatory warrants that he/she is authorised by the Hirer to enter into this contract and indemnities the Supplier against all losses and costs incurred if such authority is misrepresented.

4. Night Riding

No cycling during the hours of darkness.

 

5. Safety Procedures and Indemnity 

(a) Acknowledgement of safety instructions and safe use.

The hirer/user when cycling in NSW must observe the NSW road traffic laws at all times.

(b) The Hirer must be in good physical health, the Supplier cannot be held liable for any medical
condition that might be aggravated by physical exertion.

(c) The hirer indemnities the Supplier against any expense liability, loss or claim proceedings for any personal injury and damage to or loss of any property arising from or in connection with the Contract.

(d) The Hirer accepts that cycling is inherently dangerous.

(e) If you are involved in an accident do not make any admission of liability.

(f) If you are involved in an accident do not make an offer to pay the other persons claim.

(g) If you are involved in an accident do not attempt to negotiate a settlement with the other person without the Suppliers consent.

6. Pre-Hire inspection of Equipment by Supplier

  • The Hire Bike will undergo a inspection prior to hire.
  • The Supplier agrees to inspect the equipment prior to hire, to ensure that it is safe to use. Inspection must include:
  • Battery is securely attached, and the pedal assist system is correctly functioning.
  • Brakes are working correctly.
  • Brake levels are securely attached to handle bars.
  • Pedals are securely attached.
  • Seat saddle is at correct height and secure.
  • Chain guard is securely attached.
  • Gear mechanism is operating correctly.
  • Tyres are safe to use on the road and at the correct pressure.
  • Steering is working correctly and handle bars are secure
  • Wheels front and back are safe for cycling use.
  • Front and back, wheel bolts/quick release mechanisms are securely holding wheels in position.
  • If any defect is found during inspection, the supplier must not hire the equipment until repaired

7. Supplier’s Responsibility

Supply of Equipment and Goods and limitation of liability. Liability for claims made by the Hirer will not exceed the period hire charges of Goods, or nor extend to any consequential or financial loss, liability caused by late or non-delivery of Equipment and/or Goods, or it’s unsuitability, breakdown or lawful repossession. The Supplier may substitute items of similar quality, specification or performance when necessary. Subject to the above, the Supplier will not be liable for any negligence in the performance of its obligation under this contract.

8. Cancellation of Bookings

On receiving a confirmed order by e-mail, online or other, the terms of cancellation are: Less than 24 hours before the hire period is due to start you will be charged the first 24-hour rental fee. This fee is non-refundable. Remaining rental days will be refunded with no administration fee applied

9. Payment

Payment due at time of booking.


Road Rules NSW

Obey the law
Bicycle riders in NSW must obey the road rules.

They must stop at red lights or stop signs, give way as indicated by road signs and give hand signals when changing direction.

Under the Road Rules on the NSW legislation website, a bicycle is considered a vehicle and has the same road rules as other vehicles.

There are also special road rules that only apply to bicycle riders.

Mobile phone
It is also illegal to hold and use a mobile phone at any time while riding.

Drugs and alcohol
Drugs and/or alcohol can inhibit your ability to respond quickly and safely in a hazardous situation. Riding a bicycle under the influence of drugs or alcohol is illegal and dangerous for you and those around you.

Quick safe riding tips

  • Always wear an approved bicycle helmet, properly fitted and fastened
  • Always obey the road rules, including traffic lights, stop signs and give way signs
  • Allow pedestrians a metre of space on shared paths, where possible.
  • Always travel at a speed that is safe for you and the pedestrians around you, especially if you are riding on a footpath   or shared path
  • When approaching pedestrians, always ring your bell, slow down and prepare to stop and give way
  • Ride in a predictable manner so that other road users do not have to react suddenly to your movements
  • Give hand signals when changing lanes or turning left or right
  • Make yourself visible by wearing bright, light or reflective clothing
  • Plan your route using quieter streets, bicycle paths or shared paths
  • Always be in control of your bicycle. It is an offence to ride with both hands off the handlebars, feet off the pedals or to carry anything that prevents you from having control.

Riding safely
As a bicycle rider, it’s very important to know how to respond to the road environment. Take the time to understand the
road rules and gain riding experience before you ride in traffic. Riding in a predictable manner and knowing how to react to hazards or navigate the road network can help you have the safest journey possible while riding.

 Check for hazards
Maximise your safety when riding by constantly assessing your environment for any hazards that may cause a crash. Scan the road for holes, gaps, uneven surfaces, debris and regularly look over your shoulder to check what is beside and behind you. Do not wear headphones when riding. You must be able to hear potential hazards so you can react quickly.

When riding, always remember to:
See and hear road hazards (pedestrians, motorists, other bicycle riders and the road environment, e.g. potholes,
opening doors, and grates) Think about what might happen and anticipate how to avoid a problem. Do what you feel will ensure your safety while abiding by the road rules.

Avoid blind spots
A blind spot is an area outside a motor vehicle that drivers cannot see in the rear or side mirrors of the vehicle. For trucks, this includes the area in front of their vehicle. When riding in traffic, it is important to increase your visibility by keeping away from motor vehicle blind spots.

Anticipate vehicle movement
Watch other road users - look at the movement of vehicle wheels, increases or decreases in speed, brake lights and the use of indicators that signal a change of direction. Make eye contact with other road users and avoid riding alongside a motor vehicle for longer than required.

Stopping
When you need to stop, apply your back brake initially and then your front so that your bicycle comes to a gentle halt. A sudden stop could send you over the handlebars and cause an injury.

Travelling behind a car
You must not ride your bicycle within 2 metres of the rear of a moving motor vehicle continuously for more than 200 metres.

Special rules for bicycle riders

  • You may ride two abreast but not more than 1.5 metres apart.
  • You may overtake two other bicycle riders who are riding side-by-side
  • You may travel in a Bus Lane, Tram Lane, Transit Lane or Truck Lane but not in a Bus Only Lane
  • You may ride to the left of a continuous white edge line
  • You may overtake on the left of stopped and slow moving vehicles.

Bicycle riders have a number of responsibilities when riding on and off the road. These responsibilities include:

  • Bicycle riders must sit astride of the rider's seat facing forward, with at least one hand on the handlebars
  • Bicycle riders must ride a bicycle that has at least one working brake and a fully functioning bell, horn, or similar warning device
  • Bicycle riders must use the storage boxes when provided
  • Bicycle riders must not ride a bicycle at night or in hazardous weather conditions unless the bike displays a flashing or steady white light from the front, and a flashing or steady red light from the rear. The bike also requires a red reflector which is visible from the rear
  • When in the left lane of a multi-lane roundabout and wanting to turn right, bicycle riders must give way to any vehicle leaving the roundabout
  • Bicycle riders must not carry more people on a bike than it is designed for
  • Where there is a marked bicycle lane in their direction, bicycle riders must use the lane - unless it is impracticable to do so
  • Bicycle riders must not ride on a crossing unless there is a green bicycle light
  • Bicycle riders must not be towed by or hold onto another moving vehicle
  • Bicycle riders must wear an approved bicycle helmet securely fitted and fastened on the rider's head
  • Bicycle riders must not carry a passenger who is not wearing a securely fitted and fastened helmet
  • Bicycle riders must keep to the left of any oncoming bicycle rider or pedestrian on a footpath, shared path or separated path.

Helmets
The helmet laws for bicycle riders of all ages in NSW help prevent head injuries and brain damage from falls and crashes. The Road Rules state that a bicycle rider on roads and road-related areas must wear
an approved bicycle helmet securely fitted and fastened. This applies to all bicycle riders, including children on bicycles with training wheels and any child being carried as a passenger on a bike or in a bicycle trailer.

Footpaths
Illegal to ride on a footpath unless indicated as a shared path or supervising children under 16 years of age who are allowed to ride on a footpath. When riding on a footpath, riders must keep left and give way to pedestrians.

Shared paths
Across NSW, shared paths can be used by both pedestrians and bicycle riders of all ages. Bicycle riders must keep left and give way to pedestrians on shared paths.

Bicycle lane signs have a picture of a bike with the word LANE underneath. Bicycle lanes. When a bicycle lane is marked on the road and has bicycle lane signs, bicycle riders must use it unless it is impracticable to do so. Although these lanes are for bicycle riders, cars may use them for not more than 50 metres to enter or leave the road at a driveway or intersection.

Special purpose lanes
Bicycle riders may ride in transit lanes, tram lanes, truck lanes and bus lanes, but not bus only lanes.

Riding side by side
Bicycle riders are allowed to ride two abreast, but not more than 1.5 metres apart.

Roundabouts
Bicycle riders are allowed to turn right from the left-hand lane. When passing each exit, bicycle riders must give way to any vehicle leaving the roundabout.

Riding in traffic
Bicycle riders must use a bicycle lane where one is available. If there is no bicycle lane, ride to the left of the road but
avoid grates, debris and parked cars.

When riding in traffic you must stop:

  • At red lights
  • At stop signs
  • At give way signs if there is traffic travelling on the crossroad
  • At a railway crossing when:
    • There is a stop sign
    • The crossing lights are flashing
    • The boom gate is down
    • A railway employee signals traffic to stop
    • A train is coming
    • When entering a roadway, it is advisable especially from driveways.

Hand signals
Hand signals help to tell other road users what you are doing and where you are going. You are required by law to give a hand signal when turning right or merging to the right lane. When signalling, do so about 30 metres before you turn or change lanes or lane position. Giving a hand signal does not guarantee your safety. Assess the actions of other road users around you to make sure it is safe before turning or changing lanes.

Riding on a pedestrian crossing
You can only ride your bicycle across a pedestrian crossing where bicycle crossing lights are installed. At a red bicycle crossing light, you must stop before the crossing and only proceed if the bicycle crossing light changes to green or is not showing red. At a green bicycle crossing light, you may proceed through the crossing area exercising caution if there are also pedestrians. In addition to bicycle crossing signals, you must obey any traffic signals or signs, as would other road users. If there is no bicycle crossing light, you must dismount and walk across the crossing

Speed
You should always adjust your speed to your environment. For example, when sharing a path, you should try to ride at a speed that doesn't endanger yourself or those around you by travelling in excess of what is appropriate to the path environment, your experience and skill level.  Some shared paths have enforceable speed limits.

Acknowledgement of Country

Central West Tours acknowledge the generations of the local Aboriginal people of the Wiradjuri people who have lived and derived their physical and spiritual needs from the forests, rivers, lakes and streams of Central West Region as the traditional owners and custodians of these lands.

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