Terms of Hire
Terms of Hire
The Trustee for Blue Oceanic Trust, trading as Bike Bag Hire, is the owner of the bike bag (for the purposes of this agreement, the word ‘bag’ means bag or bags plural depending on the number of bags hired as per this agreement).
When collecting a bag from a Bike Bag Hire location, the hirer is required to complete a physical Bike Bag Hire Rental Form. For a bag shipped for hire, placing an order for a hire bag is acceptance of these terms and the hirer is able to complete a physical form by requesting one via email from firstname.lastname@example.org. This would normally happen if the hirer would like to detail the condition of the bag, however the entire form must be completed in this case.
Bike Bag Hire agrees to hire the bike bag to the hirer under the following terms:
Bike bag components
The hirer agrees that each bike bag consists of:
- The V2 external soft bag containing;
- 1 x Bike Bag;
- 2 x Quick Release Skewers
- 1 x Aerobars Protector (Triathlon Bag only)
- 3 x Anti-shock Protection Wraps
- 1 x Rear Derailleur Guard
- The V3 external soft bag containing;
- 1 x Bike Bag
- 2 x Quick Release Skewers or Thru Axel spacers
- 1 x Aerobars Protector (Triathlon Bag only)
- 3 x Anti-shock Protection Wraps
- 1 x Rear Derailleur Guard
Use of the bike bag
The hirer uses the bike bag at their own risk, and must:
- decide the suitability of the bike bag for the purpose required;
- use the bike bag in a skillful and proper manner and only for the purpose and within the capacity for which it was designed;
- at their own expense; clean, maintain and keep the bike bag in good order and condition;
- clean the bike bag properly and thoroughly upon completion of hire or be charged a cleaning fee of $80.00;
- be responsible for the safe keeping of the bike bag, and indemnify Bike Bag Hire for any loss or damage to it by whoever and howsoever caused;
- be responsible for and indemnify Bike Bag Hire against all claims in respect of injury to persons, or damage to property, arising out of the use of the bike bag by whomever during the hire period however arising;
- not remove, cover, change or damage Bike Bag Hire identification tags or labels on the bag and associated equipment;
- not sell, hire, lease or otherwise part with possession of the bike bag or assign the benefit of this hire agreement; and
- not alter the bike bag in any manner.
Loss and damage
- The hirer acknowledges that the bike bag is not insured. The hirer is responsible for the loss and damage to the bike bag whilst on hire. The hirer will pay for any losses, damages, costs and expenses suffered by Bike Bag Hire in respect of the bike bag whilst on hire to the hirer. If a replacement bag is required, the hirer will pay Bike Bag Hire the full recommended retail replacement cost of the bike bag. The hirer is hereby authorized to take out insurance on their own behalf in respect of the bike bag.
- The hirer acknowledges that they are responsible for and indemnify Bike Bag Hire against all claims in respect of damage to any bike packaged in the hired bike bag from Bike Bag Hire. The hirer is responsible for any loss or damage to any bike contained in the bag whilst on hire. The hirer is recommended to take out insurance on their own behalf in respect to any bike contained in the bag.
Condition of the bike bag
The hirer will detail any pre-existing damage or blemishes either:
- on the physical Bike Bag Hire Rental Form completed when the bag is collected, or
- via email once the bag is received from the freight company delivering the bag to the hirer.
- Without prejudice to any other remedies available to Bike Bag Hire and notwithstanding any period of hire specified, Bike Bag Hire may terminate this hire agreement at any time after giving the hirer one (1) day notice of termination or without notice if the hirer shall commit any serious breach of the hire agreement.
- Upon termination, Bike Bag Hire shall be entitled to take possession of the bike bag/s and for this purpose the hirer irrevocably appoints Bike Bag Hire as their attorney and authorises Bike Bag Hire or its agent to enter on any land or premises owned by or under control of the hirer and recover the bike bag/s and the hirer will pay for and indemnify Bike Bag Hire against any claims, losses, damages, costs and expenses arising out of the repossession of the bike bag.
Failure to return the bike bag
If the bike bag is not returned within 7 days of the anticipated return date or such other date as agreed in writing between Bike Bag Hire and the hirer, the hirer acknowledges that they are liable to pay Bike Bag Hire an amount equal to the full recommended retail replacement cost of the bike bag upon demand.
Hire Cancellation Policy
As a customer you may only cancel your hire reservation online or over the phone at any time prior to the hire commencing. No cancellation by the customer is valid unless it has been acknowledged in writing by Bike Bag Hire.
- If you cancel your hire 30 days or more from the date of shipping or collection a full refund of the booking cost will be provided.
- If you cancel your hire 14 to 30 days from the date of shipping or collection you will be charged 50% of the total booking cost.
- Cancellations inside 14 days from shipping or collection date will be charged at 100% of the booking cost.
Welcome to the Bike Bag Hire website.
Bike Bag Hire reserves the right to, at any time:
- amend, update, change or remove any part of this website;
- stop or suspend the operation of this website.
You acknowledge and agree that:
- this website and its contents are provided to you on an “as is” basis;
- information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
- any answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Except to the extent required by law:
- Bike Bag Hire makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
- Bike Bag Hire is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
This website and its contents are subject to copyright. The copyright is owned by Bike Bag Hire, or in the case of some material, third parties.
You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.
Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website.
Mode of Access
In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Bike Bag Hire has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.
Third Party Websites
This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Bike Bag Hire is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Bike Bag Hire will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Bike Bag Hire will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.
Material Submitted By You
Certain parts of this website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:
- the submission and display of your UGC on this website, is not in breach of any third party’s rights or any applicable laws;
- you waive all moral rights that you may have in your UGC;
- none of your UGC is subject to any obligation of confidence on the part of Bike Bag Hire, its officers, directors, agents, related bodies corporate, employees and third party service providers;
- Bike Bag Hire has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;
- you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
- you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
- your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
- you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to Bike Bag Hire to use and display your UGC on this website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;
To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to Bike Bag Hire that:
- you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
- save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
- save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
To the extent your UGC includes a question or query, you acknowledge that Bike Bag Hire may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Notice and Takedown Procedure
- your name;
- your address;
- your phone number;
- your email address;
- information to allow us to find the relevant content on this website;
- where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).
Bike Bag Hire
Return & Refund Policy
Bike Bag Hire understands that sometimes you may need to return something you have purchased from us (either in-store or online). To help with this, we have this Returns Policy, which explains key points that you should be aware of.
Our Returns Policy includes the rights have you have under the Australian Consumer Law (if you are a consumer), and does not seek to exclude or limit these. If you are a consumer under the Australian Consumer Law:
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Your rights under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period for which a remedy may be available can vary from product to product, depending on factors such as the nature of the product and the price. Bike Bag Hire adopts the same approach. As you can appreciate, the type of remedy we can offer you may also vary depending on how long it takes you to return the product to us.
- Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.
How to return a faulty item:
If you suspect your item is faulty or not working properly, please call us on 07 40 300 100 so that we can offer troubleshooting advice over the phone. For a lot of products, we can resolve issues over the phone. If you prefer, you may bring your product into our store to be assessed. Alternatively, you can post your product back to our store for assessment. Please note that a mandatory, non-refundable inspection fee (at this time, $55.00 inc GST) is payable in full before any assessment takes place. This includes items covered by manufacturer warranty as the warranty covers the product, not labour incurred to make the assessment. If a fault is found, you are welcome to ask us to handle the warranty process for you for a fee or to deal directly with the manufacturer (which is the quicker method).
In order to obtain any remedy from us, you must provide us with proof of purchase that clearly shows that Bike Bag Hire was the merchant.
Who pays for inspection/freight?
Any expenses relating to returning your product to us and having the item assessed will have to be paid by you. We can quote you on the costs to send the item to the manufacturer and the repaired/new item back to you. These costs must be paid by you before the item is sent to the manufacturer for repair or warranty replacement. It is easier and in most cases cheaper to arrange the warranty directly with the manufacturer, as they will normally pay the cost of returning the repaired or replacement to you.
Can I return an item if it is not faulty?
As a retailer we are not obliged to accept return of goods purchased via our store unless required under Australian Consumer Law.
We do not have to accept returns if you changed your mind, found it cheaper somewhere else, decided you did not like the purchase, or had no use for it. Please make your choice with this in mind.
We can only accept non-faulty goods for return in the following circumstances:
- You have a valid receipt or other proof of purchase with this store
- You were offered a return acceptance within a particular time frame, by the sales person at the time of purchase. You will need to have a careful record to prove this, and the goods must be complete with all packaging and accessories, and in as-new condition.
If you wish to request your non-faulty product outside of the above conditions, our Store Manager may consider your request, and determine a re-stocking fee based on the conditions of the goods, and date of purchase. At our prerogative, any refund agreed upon, may be in a form other than cash or credit/debit card reversal, for example cheque or bank transfer.
For more information on your consumer rights, please visit www.consumerlaw.gov.au.