Rider Terms and Conditions of Use

RideKola (ABN 33 662 909 686) (“RideKola” or “us” or the “Supplier(s)) provide a platform with eBikes for rent (collectively “the Services”) on behalf of the Customer(s).

The Services are available via Ride Kola’s mobile application (“the App”).

By making use of the Services, the App or the Website, the Rider agrees to comply and be legally bound by these Terms and Conditions (“T&Cs”).

Definitions

App means RideKola’s mobile application available on Google Play Store and Apple App Store

Authorised Rider means an individual that has completed the online induction, agreed to the Rider Terms & Conditions and Deed of Waiver of Liability, Indemnity and Risk, and been approved by the Customer(s). The Supplier(s) will maintain a database of all Authorised Riders which will be supplied to the Customer(s) periodically, or upon request.

eBike Hub means the secure locations at each individual site. The eBike Hubs are only accessible to Authorised Riders at each site. eBike Hubs are geo-tagged locations for Vehicles visible through the App, where the Vehicles are taken from and returned to at the start and end of a ride.

Rider means the person making the booking and uses a Vehicle for themselves.

Vehicle means the bicycle, e-bicycle, e-scooter or cargo bicycle.

1. Registration, hard- and software requirements

Before making use of the Services, the Rider must create a profile and register their profile via the App.

The Rider shall ensure that the information provided to the Supplier(s) is correct and is obliged to keep this information up to date. The minimum age to use the App and the vehicles is 12 years.

The Rider needs a smartphone with standard hardware performance, which can access the internet and is capable of using Bluetooth. The App needs an operating system iOS from Apple Inc. or Android from Google Inc.

2. Membership & General

2.1 Membership

The Rider must become a member by signing up through the eBike Hub website. Sign up involves a number of induction steps, awareness and agreement to Rider Terms and Conditions and Deed of Waiver of Liability, Indemnity and Risk.

The membership contract is a legally binding offer from the Customer to the Rider to become a member in accordance with these Rider Terms & Conditions and the price shown in the order confirmation. By accepting the order confirmation the Rider accepts this offer and the contract is commenced and the membership starts immediately.

Upon termination, the Rider will immediately lose access to membership and to the Vehicles.

The Customer(s) and/or the Supplier(s) can terminate the membership at any time at their complete discretion via the App or by sending an e-mail to the Rider.

2.2 Use of a Vehicle

When the Rider just intends to rent a Vehicle, he has to choose the option “Reserve a bike”. A bike will remain Reserved for 20 minutes and will be available for the Rider for exclusive commencement of a Rental. If not taken up by the Rider during the Reserved 20 minute period, the bike will revert to the pool of available bikes for Rental in the eBike Hub.

A booking may consist of one Vehicle only and may only be made for the Rider.

The presentation of the clickable button “Select & Unlock Bike” is a legally binding offer from the Customer to the Rider to rent the Vehicle they selected in accordance with these Terms & Conditions and any additional terms, conditions and pricing shown in the App.

By clicking the before mentioned button the Rider accepts this offer and the contract is concluded and the Rental starts immediately.

The current Rental fee will be displayed via the App during the Rental.

The Rider is entitled to cancel a booking at any time until the Vehicle is picked up and unlocked for the first time in a Rental.

The Rental ends, when the Rider returns the Vehicle(s) to the Hub and pushes the button “Lock & End Ride” in the App, and completes the process until the end of the rental is confirmed in the App. Riders must physically lock the Vehicle as guided by the App using both the wheel lock and chain lock.

When the Rider locks the vehicle without being at a Hub and does not return the Vehicle to the Hub at the end of a ride, the Rider has to pay a relocation surcharge of:

• $250 if the Vehicle is within 5km of the applicable eBike Hub
• $500 if the Vehicle is greater than 5km from the applicable eBike Hub
• For additional distances, the Rider will be charged depending on the cost of the vehicle recovery and return to the eBike Hub

2.3 General

Before the Rider pushes the button “Select & Unlock Bike” the Rider can cancel the respective booking process at any time by closing the App.

Before the Rider unlocks a bike for the first time in any Rental, the Rider can cancel the Rental through the “Cancel Reservation” button in the App.

The Rider is fully responsible for their Vehicle at all times during the Rental period.

3. Use of the Vehicles

The Rider shall ensure that they are aware of and comply with these T&Cs as well as all applicable national and state legislation on rules for bicycle riding.

The Vehicle is intended for a maximum weight of 100kg excluding cargo. Usage outside these ranges may increase risks of accidents or damage to the vehicle for which the Rider will be fully liable. Cargo is restricted to 8kg in each of any basket attached to the vehicle. Only one person is permitted on the Vehicle at any one time.

On the eBike Hub website, the Rider can access recommendations on how to check the condition of a Vehicle at the beginning of the Rental, and how to park the Vehicle after use to end the Rental at the eBike Hub.

A Rider is at all times obligated to use the Vehicle in an appropriate, legally compliant, legitimate and justifiable fashion in accordance with all laws.

When the Rider finishes the Rental, the Rider shall ensure for themselves:

• parking the Vehicle in a legitimate appropriate manner in the correct and dedicated eBike Hub as displayed in the App. The App will confirm, if the Vehicle is parked correctly in the eBike Hub. If a Vehicle is not returned and parked accordingly, the Rider must pay the applicable relocation surcharge;
• correctly locking the Vehicle at the eBike Hub. Detailed instructions for locking the Vehicle are described in the App and on the Website. These instructions are prompted by the Rider by pressing the “Lock & End Ride” button in the App;
• clicking “End Rental” in the App for his Vehicle.

4. Defects and damages on the Vehicle

Prior to the pickup by unlocking the Vehicle, the Rider shall examine the Vehicle to identify any visible defects or damages, including but not limited to tyres and lights, and brakes, seat, handlebar as applicable. If the Rider encounters a defect or damage, which makes the Vehicle unsafe to use, then he/she has to cancel the Rental by pressing “Cancel Rent” in the App.

The Rider must never use a Vehicle which is unsafe to use (e.g. because of a damage or defect).

5. Liability of the Rider

The Rider shall be liable for all damages resulting from the theft of, or damage to his/her Vehicle during the Rental period.

The Rider has to end the Rental for themselves. If the end of the Rental is not completed, the Customer(s) and/or Supplier(s) will notify the Rider in order to return the Vehicle. The Rider has to respond within 48 hours otherwise the rented Vehicle will – unless found and relocated – be regarded as lost or stolen and the Rider is liable hereof as described below.

5.1 Missing Vehicle

Liability in case of theft / disappearance – no agreed limitation.

If the Rider has not locked the vehicle with the E-lock in the case of disappearance, the Rider will be notified of the claim of disappearance or theft and given 48 hours to respond. If the Rider does not respond, the rented Vehicle will – unless found in good working order – be regarded as lost or stolen and the Rider is liable hereof. When the Vehicle has been missing for 7 days, the Customer(s) has the right to charge the Rider the following amounts in order to compensate the Supplier(s):

• eBike: up to $5,500 AUD / Vehicle (or alternate value defined in the Head Contract between the Supplier(s) and the Customer(s)

If a Rider is charged due to a missing Vehicle as described, and later the Vehicle is recovered in good working order, the Customer(s) will refund the Rider with 60% of the amount if the Vehicle is recovered within 60 days after reported missing, and 30% of the amount if the Vehicle is recovered within 90 days after reported missing. If the Vehicle is recovered after more than 90 days after the Vehicle is reported missing, Rider will not be refunded.

The Rider is expressly permitted to prove that a financial harm or impairment did not occur at all, or the financial harm or impairment is significantly lower than the aforementioned lump sums. When the Supplier(s) can confirm that the vehicles were locked when stolen the Rider will not be held accountable for the missing of the vehicle and therefore will not be charged any additional fees. In this instance, the Customer(s) will be liable for the compensation amount agreed with the Supplier(s).

6. Termination

If the Rider culpably breaches the Rider Terms & Conditions, the Customer(s) and/or Supplier(s) are entitled to terminate the use of the Services, the App and the Website and deactivate and cancel the Rider’s account, effective immediately.

In case of a minor infringement, the Customer(s) and/or Supplier(s) will notify the Rider so he/she can stop the infringement. If he/she does not stop the infringement, the Customer(s) and/or Supplier(s) will terminate the Services, the App and the Website and deactivate and cancel the account immediately.

In case of such termination, the Rider is not entitled to demand reimbursement for any paid Rental or membership fee.

7. Limitation of liability

The Supplier(s) are not liable for damage – except in the case of a breach of fundamental contractual obligations – in the event of injury to life, body or health or in the event of claims arising from product liability law or a guarantee assurance – only if this has been caused by the Supplier(s) in a willful or grossly negligent manner. Fundamental contractual obligations are those whose fulfilments are necessary to attain the contractual purpose and in whose compliance the customer may regularly trust (cardinal obligations).

If fundamental contractual obligations are breached, the Supplier(s) are only liable for foreseeable damage typical of such contracts, if this has been caused through sheer negligence.

The aforementioned exclusions or limitations of liability apply accordingly for claims against companies affiliated with the Supplier(s) legal representatives and other employees of these entities and their agents.

8. Miscellaneous, change reserve, language of contract, place of jurisdiction

This contract is governed by Victorian law. The language of contract is English.

The respective applicable terms and conditions can be accessed by the Rider via the Website, under “Terms & Conditions”.

The Customer(s) and/or Supplier(s) reserve their rights to change the T&Cs, prices and the services (“conditions”). Changes of the conditions will be offered to the Rider in email form at least 6 weeks before they take effect.

The Rider can accept or deny the updated conditions in the aforementioned timeframe. The Rider’s consent shall be deemed to be given, when he/she does not notify the Customer(s) and/or Supplier(s) about his/her denial in the aforementioned timeframe. After the offer the Rider has the right to cancel the contract at any time and free of cost in the aforementioned timeframe. The Customer(s) and/or Supplier(s) will inform the Rider about his/her aforementioned rights in the offer.

9. Feedback

In case of feedback, requests, or if you are not satisfied with the services, please contact our customer support via the form on the RideKola website.