Our agreement

The hirer must agree to these terms and conditions before their hire equipment can be reserved. All users of the equipment must also sign a waiver and release form prior to confirmation. 

Welcome to Burra Bike & Board (we, us, our).  This document sets out the terms and conditions (Hire Terms) that govern the hire and use of our equipment, including bikes, helmets, kayaks, stand-up paddle boards (SUPs), surfboards and any other equipment or accompanying accessories or personal protective equipment (equipment) by our customers (you, your).

 

  1. Formation

    • When you make a booking to hire our equipment (whether online or in-person) (booking) and you click ‘I accept’ (or similar), you agree to comply with, and be bound by, these Hire Terms and the accompanying documentation we issue to you at the time you make your booking and/or you when you collect, or we deliver, the equipment, including our health and safety policies and procedures and our Waiver and Consent form.
    • We reserve the right to refuse to offer the hire of equipment to any person for any reason.
  2. Bookings
    • You warrant that when you make your booking, you are over the age of 18 years old and that any persons using the equipment are or will meet the age requirements specified for such item of equipment.
    • Each person that will use the equipment must sign our Waiver and Consent form and/or have their legal guardian sign it on their behalf, prior to use of the equipment.
    • Your booking will include details of the equipment you have hired and the start and end dates and times of the period you have hired it for, including the designated return or pick up time at the end of the period (hire period). It will also set out the details for our collection and return location where you opt to collect and return the equipment yourself, or the delivery and pick-up location where you have opted to have the equipment delivered and picked up.
    • You must ensure that all information you provide to us for your booking, including about you and any persons who will use the equipment, such as age, size, height, or other details that we request at the time of booking, is accurate and current. You must advise us immediately if any information in your booking changes between when you make your booking, and your hire period commences.
  3. Pick up, use and return
    • You acknowledge and agree that you have inspected the equipment prior to use and that you are satisfied it is in good repair and working order and fit for the equipment’s intended purpose.
    • You must ensure that you and any other person using the equipment use the equipment:
      • while wearing and/or using all necessary and applicable personal protective equipment;
      • with due care and skill;
      • in a responsible and safe manner;
      • only in locations that you are permitted to do so and not on a third party’s private property;
      • during the hire period; and
      • only for the purposes for which it is intended and in accordance with any accompanying instructions or guidelines.
    • Any documentation that we provide to you with your equipment, including any health and safety policies and procedures and/or instructional or use guidelines, are general in nature and do not relieve you of any responsibility in respect of your use of the equipment in a reasonable and safe manner, including in consideration of the specific environment in which you may use the equipment.
    • The below sets out your obligation in respect of the collection and return, or the delivery and pick-up, of equipment, as you’ve selected in your booking.
      • Where you have opted for the collection and return of the equipment, the following applies.
        • You are responsible for collecting and returning the equipment from / to our premises.
        • If you collect the equipment:
          • before 3.00pm (where agreed by us and subject to equipment availability), you will be charged for that full day; or
          • after 3.00pm, you will not be charged for that day in respect of the equipment.
        • If you return the equipment:
          • before 9.30am, you will not be charged for that day;
          • after 9.30am, you will be charged for that full day.
        • After-hours drop-off can be arranged with staff on request using a secure locked area next to our premises.
      • Where you have opted for delivery and pick-up of the equipment, the following applies.
        • You must provide us with all necessary information for such delivery and an address with out-of-sight off street area to leave items at least 24 hours before the start of the hire period.
        • You must ensure the equipment is ready for pick-up at the same location before 9am on the final day of your hire period.
      • In all cases, you must ensure that, on return or pick-up, the equipment it is in good repair and working order, excluding fair wear and tear.
      • If you fail to return the equipment, or the equipment is not ready for pick-up, in accordance with the above requirements, we may charge you a full day fee for each day the equipment is not returned or unable to be collected (and/or, if applicable, use some or all your deposit in accordance with clause 4).
      • Title in all equipment always remains with us. Risk in the equipment hired by you passes to you on delivery to, or pick-up by, you and returns to us on the physical return of the equipment to us.
  1. Payment of fees and security deposit
    • You must pay us all fees owed for the equipment hire in accordance with the payment terms set out in your booking.
    • If you cancel your booking 24 hours or less prior to the start of your hire period, we reserve the right to charge you a cancellation fee of 20% of the fees owed for the cancelled equipment hire (cancellation fee). The cancellation fee reflects the reasonable costs incurred by us at the relevant period prior to the commencement of your hire period (including inability to rehire equipment and/or collection of equipment we have already delivered). We reserve the right to, as applicable:
      • request payment of the cancellation fee from where you have not pre-paid any fees, and you will make payment to us immediately upon such request;
      • retain the cancellation fee from any pre-paid fees before we process any applicable refund; or
      • use any security deposit towards the cancellation fee.
    • We reserve the right to request a security deposit from you (which will be in addition to your hire fees). The amount will be confirmed when you make your booking and will depend on the details of your booking (and may take into consideration the value of the equipment you have hired).
    • When you make payment of the fees for the equipment hire, and we request a security deposit from you, we’ll also place a pre-authorisation hold for the security deposit on the payment method you used to make your payment. A pre-authorisation is a temporary hold of a specific amount of the available balance on a credit or debit card that is provided upon booking. The pre-authorisation is not a charge and no funds have been debited from your account.
    • We reserve the right to use (and charge your payment method for) all or part of your security deposit:
      • to pay for any cancellation charges in accordance with clause 4.2;
      • to pay for any damage to the equipment (other than fair wear and tear) that occurred during your hire period;
      • to offset any unpaid fees or other amounts owed to us by you; and/or
      • in relation to any other loss or damage we incur as a result of your breach of these Hire Terms, including failure to return equipment by the designated return time.
    • The security deposit (or any remaining portion of the deposit not used in accordance with clause 4.5) will be released within a reasonable timeframe after your hire period has ended and we have physically received all equipment back.
  2. Disclaimer of warranties and liability
    • Nothing in this agreement restricts or limits any non-excludable statutory rights, including those arising under the Australian Consumer Law.
    • Without limiting clause 5.1 or any other rights you have under any applicable laws, to the fullest extent permitted by law:
      • we, and our directors, officers, employees and representatives will not be liable to you (including whether such liability is based on breach of contract, tort (including negligence), statute or otherwise) for any loss, damage, claim, cost, expense, including for property damage, personal injury or death and/or any other special, direct, indirect, incidental, consequential or punitive losses and damages of any kind related to these Hire Terms, our services and/or the equipment (including your use of the equipment); and
      • we expressly exclude all: warranties, conditions and representations in whatever form, relating to our services and the equipment, including any warranties or representations relating to performance, quality or fitness for use, fitness for a particular purpose, guarantee of a particular result or outcome.
    • This clause does not override or limit any disclaimer or limitation on our liability as set out in our Waiver and Consent form.
  3. General
    • We may sub-contract the performance of any part our obligations to any third party.
    • Without limiting the terms of the Waiver and Consent form, these Hire Terms contains the entire understanding between the parties concerning the subject matter of the agreement and supersedes all prior communications.
    • The failure of either party to enforce any provisions under these Terms will not waive the right of such party thereafter to enforce any such provisions.
    • If any term or provision in these Hire Terms is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Hire Terms and the remaining terms and conditions will be unaffected.
    • These Terms are governed by, and construed in accordance with, the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.