Crankswagon Terms & Conditons

This is our comprehensive legal T&C section, it may be easier to check out our FAQs if you have any general questions.

    1. This Agreement is between Crankswagon Pty Ltd ABN 52 626 987 460 (referred to as “Crankswagon”, “we” or “us”), and the Client described in the Booking Confirmation referred to as “client” or “you”), and collectively the Parties.
    2. You have requested the Hire Goods set out in your Booking Confirmation. You agree and accept that our Hire Goods are provided to you on these Terms and Conditions (Terms).
    3. You accept our Terms by making payment for the Hire Goods online.
    4. Once you have made payment for the Hire Goods, you will be sent a Booking Confirmation that you should retain to confirm your order.
    1. We agree to provide the Hire Goods set out in your Booking Confirmation to you for the Hire Period.
    2. We may provide the Hire Goods to you using our employees, contractors and third-party providers and they are included in these Terms.
    3. We offer delivery of the Hire Goods within the Specified Delivery Area, as stated on our website from time to time.
    4. If you are within the Specified Delivery Area, you can nominate a Nominated Delivery Address at the time of making your booking.
    5. You must be at the Nominated Delivery Address on time, otherwise we may attempt redelivery of the Hire Goods on one more occasion. If you fail to be at the Nominated Delivery Address on the second delivery attempt, we will cancel the booking and no monies will be refundable.
    6. If you are outside the Specified Delivery Area, you will need to arrange to collect the Hire Goods by liaising with us using the contact details at the end of these Terms.
    7. You agree to offer a form of identification with a photograph (either a Passport or Driver’s Licence), on delivery of the Hire Goods or pick up of the Hire Goods, to confirm that your identity matches the Booking Confirmation.
    1. You acknowledge and agree that you are to use our Hire Goods in accordance with these safety provisions, and we are not liable for any loss, damage, or harm caused to you, if these provisions are not followed.
    2. You agree to wear a helmet while using the bike/s at all times.
    3. You agree to wear enclosed shoes at all times while using the bike/s.
    4. You agree to undertake research as to the weather conditions at the location you intend to use the bike/s. You agree to only use the bike/s in weather conditions that do not limit your visibility or significantly increase your risk of suffering injury.
    5. If, at any time during the hire, a situation arises and you are unsure of the proper procedure, please contact us using the contact details provided at the end of these Terms.
    6. You are responsible for selecting bike trails appropriate to your skill level.
    1. You agree to pay us any Fees for the Hire Goods that you have requested in accordance with our Payment Terms and by the Payment Method, as set out on our website.
    2. An additional Security Deposit is payable as an authorisation by credit card on pick up or delivery of the Hire Goods. The Security Deposit will be refunded to on return of the Hire Goods unless the Hire Goods are damaged or are returned late.
    3. All amounts are stated in Australian dollars.
    4. All amounts stated are inclusive of GST.
    5. The Fees and Hire Goods can be varied by written agreement between us, including by email.
    1. You may cancel your Booking Confirmation up to 24 hours before the Hire Period and we will provide you with a full refund.
    2. If you cancel your Booking Confirmation within 24 hours before the Hire Period we will provide you with a partial refund and charge you for the first day of the Hire Period.
    3. If you cancel your Booking Confirmation during the Hire Period we will not provide you with a refund.
    1. You must return the Hire Goods by the end of the Hire Period, unless otherwise agreed in writing between the parties.
    2. If the Hire Goods are not returned by the time and date of the end of the Hire Period we will charge you a Late Fee per day until the Hire Goods are returned. If the Hire Goods are returned on the last day of the Hire Period after the specified time for return, we will charge you a Late Fee for the following day. You must notify us as soon as possible if the Hire Goods will be returned late.
    3. You acknowledge that the operation of the bike/s and the safety of any person using the bike/s whilst it is in your possession, is your responsibility.
    4. You agree to use our Hire Goods in accordance with the safety provisions as set out in these Terms and any additional safety instructions that are provided to you by us, or attached to the bike/s and/or accessories.
    5. You acknowledge that you are responsible for ensuring inspecting that and satisfying yourself that the Hire Goods are in good working order at the time of collection. If you or a third party causes damage to the Hire Goods and accessories while in your possession or if parts of the Hire Goods or accessories are lost, you are liable to pay the costs for repairs and/or replacement.
    6. You are responsible for obtaining any consents, licences and permissions from other parties necessary for the Hire Goods to be provided, at your cost, and for providing us with the necessary consents, licences and permissions.
    7. You must be at least 18 years old to hire and use the Hire Goods. Anyone under 18 who uses the Hire Goods must have consent from and be accompanied by a guardian and the guardian is responsible for the minor’s safety.
    1. You agree to keep the Hire Goods and accessories in your custody and not to sublease, rent, sell, or otherwise transfer the Hire Goods provided to you.
    2. The Hire Goods and accessories will, at all times, remain the property of Crankswagon and may be removed by us at any time after the termination of these Terms.
    1. The Terms automatically terminate at the collection or return of the Hire Goods.
    2. The parties may terminate the Terms by mutual agreement, by notice in writing including by email.
    3. We may terminate the Terms immediately, in our sole discretion, if:
      1. we consider that a request for the Hire Goods is inappropriate, improper or unlawful;
      2. for any other reason outside our control which has the effect of compromising our ability to provide the Hire Goods requested within the required timeframe; or
      3. your payment of the Fees or Security Deposit bounces or is otherwise incomplete and you do not promptly re-arrange for payment to be made.
    4. On return of the Hire Goods, we will return the Security Deposit to you, unless the condition of the Hire Goods is such (assessed at our discretion) that you forfeit some or part of the Security deposit or if the condition of the Hire Goods is contested and subject to Clause 8’s dispute resolution procedure.
    5. On completion of the Hire Period, we will retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms
    1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Hire Goods, please contact any member of our staff.
    2. If there is a dispute between the Parties in relation to these Terms, the Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity
    1. ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Hire Goods by us to you which cannot be excluded, restricted or modified (Statutory Rights).
    2. Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
    3. Except for your Statutory Rights, the Hire Goods are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
    4. Hire Goods: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Hire Goods we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Hire Goods for or for a result which you have told us you wish the Hire Goods achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.
    5. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Hire Goods is limited to us re-supplying the Hire Goods to you, or, at our option, us refunding to you the amount you have paid us for the Hire Goods to which your claim relates.
    6. Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Hire Goods and this agreement, except those set out in this agreement. You acknowledge and agree that we are not liable for any loss, damage or injuries which occur, directly or indirectly, from the use of our Hire Goods.
    7. This clause will survive termination of these Terms.
    1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from any breach of these Terms; and any misuse of the Hire Goods; from or by you, your employees, contractors or agents.
    2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Hire Goods including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
    3. The obligations under this clause will survive termination of these Terms.
    1. Advice and Liability for Expenses. Each party must obtain its own independent legal advice and pay its own expenses incurred in negotiating, executing and stamping this Agreement.
    2. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. You acknowledge that we may track your use of the Hire Goods as our bikes include a GPS tracking system.
    3. Publicity: You consent to us using advertising or publicly announcing that we have undertaken work for you.
    4. GST: If and when applicable, GST payable on our Hire Goods will be set out on our Invoices
    5. Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
    6. Assignment: The Terms is personal to the Parties.
    7. Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.
    8. Governing law and jurisdiction: This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
    1. In these Terms, unless the context otherwise requires, capitalised terms have the meaning given to them on our Website www.crankswagon.com.au.

Last updated: 31st October 2018