EQUIPMENT RENTAL –
I accept full responsibility for the bikes and accessories hired to me by Elements E-Bikes Fiordland Ltd. Except general wear and tear, I agree to pay all costs in the event of any damage to the hired equipment or other people’s property, which results from the use of the equipment by me or when under hire to me. In the event that the equipment is lost or stolen, or where Elements
E-Bikes Fiordland Ltd deems that repairs are not practicable or that they are likely to be more greater than the cost of replacement, I agree to pay the full cost of replacing the bike and accessories, shipping and associated costs. I understand that at the time of hire my bank card details will be kept and be charged in the event of any of the above circumstances. By signing this agreement you consent to Elements E-Bikes Fiordland charging any losses or damages to your credit or debit card or to seek recovery of such losses or costs by other legal means. I understand that riding an electric bike can be a dangerous activity and that I take responsibility for all risks associated with this activity.
YOUR OBLIGATIONS –
I agree to abide by all New Zealand road rules and will take responsibility for myself while riding during independent hire or guided tour. I agree to wear a helmet at all times while riding Elements E-Bikes, to always ride on the left hand side of the road and obey New Zealand road rules. I will not ride the cycle on sand or beaches.
Once in your possesion you are responsible for the cycle and equipment. You must lock the cycle everytime it is out of your sight. You acknowledge that you are 18 years of age or older and that you have fully read and understood all the terms and conditions of this rental agreement before signing it.
You acknowledge that you are physically fit, that there are no health or other reasons why you should not use the cycle.
If you wish to cancel your advance booking you must notify Elements E-Bike Fiordland 48hrs prior to the booked rental. Failure to do so will result in your loss of the full rental cost. Elements E-Bikes Fiordland may allow you to transfer the booking to another date as long as the cycle is not already booked on that date.
No refunds will be made for early returns, late pick ups, no shows or changing your mind on the day of pick up.
The cycle and equipment must be return by the agreed time with Elements E-Bikes Fiordland. Late returns will be charged at the standard daily rate until returned unless prior arrangments have been made. You must notify Elements E-Bikes Fiordland if you wish to extend the rental period. Please bear in mind that other people may be waiting to use the cycle you are riding.
Rental will only be accepted after payment, and one form of photo identification. Elements E-Bikes Fiordland reserves the rights to take an imprint of your credit or debit card details until the completion of the rental and the satisfactory return of the cycle and other equipment.
The parents of children under the age of 18 years of age are responsible for ensuring that the cycle and other equipment are returned in a satisfactory condition.
I acknowledge that Elements E-Bikes Fiordland Ltd (including its directors, servants, agents and employees), whether by virtue of contractual breach, breach of statutory duty, negligence or other default or wrong of any sort, will not be held liable to me (and I hereby agree to indemnify it and hold it harmless for and in respect of any such liability to me should, notwithstanding this clause, such liability be deemed to exist, such indemnity to include legal costs) for any personal injury, loss and/or damage to property, disruption to travel plans, consequential loss or damage of any kind (including financial loss). If not withstanding this clause any such liability is deemed to exist and is not required to be indemnified as provided then Elements E-Bikes Fiordland Ltd’s total liability in contract, tort (including negligence) or otherwise arising in connection with any use of the equipment shall be limited, to the amount it receives under this agreement.
GOVERNING LAW AND JURISDICTION –
The law governing this agreement is the law of New Zealand. The courts of New Zealand shall have exclusive jurisdiction in respect of any dispute between the parties.