For the purposes of this agreement, the following definitions apply:
a) The “Agreement” is this Item Hire Agreement.
b) The “Item” is any type of equipment or vehicle, including sports equipment, caravan, recreational vehicle, on or off-road all-terrain vehicle, trail bike, mobility scooter, surfboard, paddle board, barbeque, vacuum cleaner, made available through the Hidle Pty Ltd website (the “Site”);
c) The “Hirer” is the person hiring the Item and any other equipment using an account created
on the Site; and
d) The “Owner” is the owner or authorized agent for the Item made available for hire via the Site;
e) The “Site” is the Hidle Pty Ltd website, which is found at www.hidle.com.au; and
f) This Agreement is effective on the date both Owner & Hirer agree to the terms and conditions as provided
herein (“Effective Date”); and
g) The "Hire Day" means pick up & return of item between 6am and 8pm the same calendar day mutually organised between Owner & Hirer; and
h) The “Owner Nominated Bond” is the bond amount in a dollar figure as described in the Owner’s item listing as a security bond paid up front for hire of the Owner’s item.
The Hirer and the Owner agree as follows:
1.1 Agreement to Hire. The Owner agrees to hire the Item to the Hirer, and the Hirer agrees to hire the Item from the Owner, on the terms and conditions in the Agreement, and for the period agreed via the Site (the “hire period”).
1.2 Condition of the Item. By making the Item available for hire, and agreeing to the terms of the Agreement, the Owner represents and warrants that:
a) He or she is the sole owner of the Item, or that he or she has the full authority to enter into the Agreement and to hire the Item to the Hirer;
b) The Item has been accurately described on the Site; and
c) Except as clearly set forth on the site, the Item is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Hirer to attain his or her expected use of the Item during the hire period.
1.3 Refunds and Cancellations. All hires are subject to Hidle’s Cancellation & Refunds Policy, which is set forth as Exhibit A below and on the Site.
1.4 Insurance Cover. Hidle does not provide insurance coverage to the Owner or Hirer.
Hidle allows the Owner to nominate their own bond on each listing. The Owner understands that the Owner Nominated Bond is limited to loss or damage to the Item during the Hire Period, and does not cover ordinary wear and tear, any repairs paid for by the Hirer, or any loss or damage occurring prior to or after conclusion of the scheduled Hire period. The Owner Nominated Bond covers only damage that compromises the functionality or safety of the Item. Furthermore, the Owner Nominated Bond does not cover any other property damage, injuries, loss of use or incidental, special or punitive damages - such damages may only be recovered from the Hirer. The Owner Nominated Bond does not cover Items that are stored outside and unsupervised at night unless the Item is too large to be stored indoors (including any time from 6:00 p.m. To 6:00 a.m.) and the Owner is advised to notify all the Hirers of this exclusion. Furthermore, the Owner acknowledges and agrees that the Owner Nominated Bond is only available if accurate and current (no more than 2 months old) photographs of the Item have been included with the listing prior to the hire period, and to the extent such photographs are sufficient to establish the make, model, components and condition of the Item and any accessories (if applicable).
All claims under the Owner Nominated Bond must be initiated within twenty-four (24) hours of return of the Item; late claims will not be honoured. No exceptions to the 24-hour rule will be honoured. All claims for damage must include photographic evidence of the claimed damage; however, Hidle reserves the option to require a physical inspection prior to making any payment under the Owner Nominated Bond. Any claim for a stolen Item must be accompanied by a police report to be valid. For all claims, the Owner may be required to provide additional documentation, such as purchase receipts for the Item and any components, maintenance records, and such other documents as Hidle may request. The Owner is entitled to make a claim against the bond for lost or stolen Items, or the repair cost of damaged Items. In the case of damage, the repair cost of the Item shall be in Hidle’s reasonable discretion, in consultation with professional repair personnel knowledgeable in the appropriate field, and shall account for any salvage value of the Item, if applicable. The Owner will be entitled to select a preferred repair shop, but any costs in excess of Hidle’s estimated repair cost shall be the Owner’s sole responsibility. The Owner Nominated Bond only provides coverage for Items hired through Hidle. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsibility of the Hirer or the Owner, as applicable.
1.5 Owner Obligations. If there is damage to the Item during a hire, then the Owner must notify Hidle within immediately upon completion of the Hire Period or prior to any subsequent hire or other use, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the hire and the Owner shall be deemed responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc. If the Hirer does not return the Item at the conclusion of the Hire Period, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Item at such rescheduled return time, then the Owner agrees to file a Police report and provide a copy of such report to Hidle. In filing the report, the Owner is required to notify the police of the Owner Nominated Bond. The Owner must also authorize the police to discuss and provide any information regarding the case with Hidle.
1.6 Electrical Items. Hidle requires any & all electrical items provided by owners for listing on or through the Hidle website to be tested & tagged accordingly by a licensed electrician prior to listing on the website with the test & tag of items being maintained to Australian standards relative to the state they are in.
2.0 HIRER OBLIGATIONS
2.1 Usage. The Hirer must produce at point of hire any legally required licenses or permits to operate any Item hired for visual inspection by the Owner before the Item is released to the Hirer and these licenses or permit numbers should be recorded on the Hidle check sheet by the Hirer. The Hirer is the only person who may drive or otherwise operate the Item, the Hirer is prohibited from carrying any passengers on the Item at any time except on Items that are designed, engineered & legally allow this. Hirer may not add any kind of seat or modification to allow someone to ride on any part of an Item for which the Item was not designed, is the intended purpose or is illegal to do so. (The only exception to this obligation is for bike trailers, when authorized by the Owner). For hires of sports equipment, unless expressly included in the hire, the Hirer is responsible for provision of boots, poles, gloves, helmet, goggles and any other necessary safety equipment. The Hirer is also responsible for making proper adjustments to the Item and associated equipment, if any, to match the Hirer’s height, weight and skill level.
The Hirer is advised to seek professional assistance with these adjustments. The Hirer must follow all laws, rules and regulations, as well as posted signs and warnings. Hirer should always be aware of road and trail conditions, as well as weather and other environmental factors, which may affect safe operation of the Item. Hirer is responsible for securing the Item at all times, including the use of theft prevention devices, where appropriate, and only storing the Item in an enclosed area at night as possible. Hirer is also responsible for any injuries to themselves or other people, or damage to the Item or any other property during the hire period. The safety of accompanying passengers in any attached or provided equipment (not limited to, but including any child-related equipment) is the hirer’s responsibility and hirer agrees to monitor the condition of the equipment and its passengers at all times. The Hirer also acknowledges that, in many States, helmets are required to be worn for certain items. Hirer is responsible for being familiar with and complying with any such laws. Furthermore, certain owners may require helmets for all Items and passengers; in such case, Hirer agrees to wear a protective helmet, and to cause authorized users and passengers to wear protective helmets, at all times while operating the Item.
2.2 Return. The Hirer agrees to return the Item to the Owner in the same condition as received, except for ordinary wear and tear (which does not include flat tyres) and ordinary adjustments meant to fit the Item to the hirer’s height, weight and skill level, on the due date and time and at the location specified by Owner at time of hire. The Hirer understands that there will be additional charges if the Item is returned at a different time, date, or location than indicated in this agreement or agreed to by the owner, including late charges and additional hire charges at no less than the daily rate applicable to the Hire. If Hirer fails to return the Item at the agreed date, time and location, and has not agreed with the Owner or Hidle on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Hirer fails to return the Item at the rescheduled time and place, then
(a) Hidle shall determine that the Hirer does not intend to return the Item;
(b) Hidle will charge the Hirer’s payment method for the full retail value of the Item, along with any other fees due to Hidle;
(c) Hidle or the Owner may lawfully repossess the Item; and
(d) Hidle and the Owner may exercise any other rights or remedies, and take any other necessary measures, to repossess the Item and/or collect the full amount owed by Hirer hereunder.
2.3 Repossession. The Owner may repossess the Item at any time if:
(a) the Item is used in violation of law;
(b) it appears the Item is abandoned,
(c) the Item is used in violation of any term or condition in this agreement,
(d) Hirer made a misrepresentation to owner or
(e) Hirer fails to return the Item when due. The Owner is not required to notify the Hirer in advance of repossession.
2.4 Prohibited Use. Use of the Item is restricted to the specific geographical area agreed upon by the Hirer and the Owner. The Hirer will not operate the Item outside of this area and will not remove the Item from this area. The Hirer agrees not to use or permit the Item to be used for hire or in any location that operation would be illegal or a nuisance to others. The Hirer will not use or permit the Item to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the hire and makes the Hirer liable to the Owner for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. The Item may not be stored outside overnight, with or without theft prevention devices unless too large to be indoors. The Owner may approve overnight outside storage but the Hirers are hereby advised that any approval or direction by the Owner will not relieve the Hirer of potential liability.
2.5 Damage to Item. The Hirer shall pay Owner for all losses and/or damage to the Item, except for ordinary wear and tear that does not impact the usability of the Item or significantly impact the resale value of the Item, regardless of fault (e.g. the Hirer agrees to pay for the loss or damage even though someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the Item shall be made by Hidle in its sole discretion after consultation with the Owner. The Hirer is also responsible for all theft or vandalism losses, even if the Hirer is not at fault for making the theft or vandalism possible, and regardless of any measures Hirer may have taken to secure or protect the Item, including any instructions or security devices provided by Owner. If the Item is damaged, then the Hirer agrees to pay the reasonable costs of repair and diminution in value, if any. If the Item is damaged beyond reasonable repair (as determined by Owner and Hidle), then the Hirer shall be responsible for the retail fair market value of the Item, less any salvage value if applicable. In addition to the above, the Hirer shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, and for a reasonable administrative fee as determined by Owner or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, the Hirer shall be responsible for paying loss of use at the daily rate for each 24 hours the Hirer delays in paying the total loss. The Hirer is also responsible for any loss if the Hirer:
(a) abuses the item or uses or operates the Item in a way other than as specified in this agreement;
(b) drives or uses the Item recklessly;
(c) drives or uses the Item while under the influence of alcohol or a controlled substance;
(d) fails to promptly report an accident to the police and owner;
(e) fails to complete an accident report;
(f) obtains the Item through fraud or misrepresentation; or
(g) uses the Item for an illegal purpose. Hirer authorizes Owner to collect from a responsible third party any applicable loss and/or damage. In the event Owner obtains a recovery from a third party after Hirer has paid owner for all or part of any loss, Owner will refund to Hirer any excess above the amount of the loss plus administrative fees and other collection costs and legal fees incurred.
2.6 Payment. The Hirer agrees to pay upon demand all rates, charges, with a minimum transaction amount excluding bond of $20 (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the hire, including, without limitation, charges for loss and/or damage to the Item. Hirer specifically agrees and authorizes Hidle to apply any charges to the Owner Nominated Bond or the method of payment used by the Hirer at the time of hire if over the Bond amount.
2.7 Booking and Payment. All item hire charges inclusive of any Owner Nominated Bond will be charged at the time of the booking through the Hirers PayPal account. All Owner Nominated Bond amounts will be returned back through the Hirer’s method of payment upon satisfactory return of the hired item without damage or delay. Hidle may request through PayPal an additional charge to be processed against the Hirer’s PayPal account related to late return fees and for hired items that are lost or damaged during the item hire period and that cannot be recovered through the Owner Nominated Bond.
2.8 Repairs. If the Hirer experiences any malfunctions with the Item during the Hire Period, then the Hirer shall immediately notify Hidle and the Owner. Hirer agrees that he or she will be responsible for any unauthorized repairs or modifications to the Item. Hirer understands that Owner will not reimburse hirer for any authorized repairs without receipts. All repairs needed as a result of the use of the Item will be performed at prevailing labor rates in the area and the cost of such repairs, including all parts, shall be paid by Hirer. Owner shall be responsible for returning the Item to its prior state due to adjustments necessary to properly fit the equipment to Hirer’s height, weight and skill level. If a malfunction compromises the safety or usability of an Item during hire, the Hirer should contact the Owner immediately and arrange for return of the Item to the Owner. In such an event, the cost for any remaining days of the hire would be refunded to the Hirer.
2.9 Ownership. The Item, at all times, remains the exclusive property of the Owner. The Hirer is responsible for damage to or loss of the Item. If the Item is lost, destroyed or damaged beyond repair in the judgment of the Owner & Hidle, then the Hirer agrees to pay owner the value of Item.
3.0 RISK AND LIABILITY TERMS
3.1 Acknowledgement of Risks. The Hirer understands and acknowledges that the Item is provided “as is” and without warranties. The Hirer further understands and acknowledges that bicycling, off-road & water sports are hazardous activities that entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. The Hirer understands that such risks cannot be eliminated by owner without jeopardizing the essential qualities of these activities. The Hirer understands that protective gear such as but not limited to helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
3.2 Assumption of Risk. The Hirer knowingly, intelligently and voluntarily assumes all risks related to the operation and possession of the Item, including, without limitation to any bodily injury or death to any person, or property damage to any property which may result from the operation of the Item or possession of the Item. Despite knowing all associated risks, the Hirer freely assumes all risks of personal injury and/or damage in the operation of the Item and the Hirer agrees to hold the Owner and Hidle harmless from all claims of injury or damage.
3.3 Waiver and Release. In consideration of the Owner hiring the Item, the Hirer specifically releases and forever discharges the Owner, Hidle, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Hirer may suffer while hiring this Item and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Owner, Hidle, or their affiliates, officers, agents, or employees. It is the express intent of this agreement that Hirer release owner and Hidle and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of owner or Hidle or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this agreement, Hirer fully recognizes that if injury, illness, death or damage occurs while engaged in hiring this Item or participating in bicycling, off road or water sports or any other activity associated with the Item, Hirer will have no right to make a claim against the Owner, Hidle or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.
3.4 Indemnification. The Hirer agrees to indemnify and hold harmless the Owner and Hidle and their subsidiaries, agents, licensors, managers, employees and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising from, related to, or in any way connected with, or resulting from the Hirer’s participation in this activity or use of the Item
4.0 Claims, Insurance and Physical Condition.
4.1 Third Party Claims. Neither the Owner nor Hidle shall be responsible if the Hirer causes injury to another person or damage to another Item or piece of equipment, vehicle or personal property of another. The Hirer agrees to protect, defend and indemnify both the Owner and Hidle against any claim arising out of the Hirer’s use of the Item.
4.2 Insurance. The Hirer certifies that he or she has adequate insurance to cover any injury or damage that the Hirer may cause or suffer while participating in any activity conducted with the Item hired, or else the Hirer agrees to bear the costs of such injury or damage. The Hirer understands and agrees that the Owner and/or Hidle may make a claim against any insurance coverage which the Hirer maintains.
4.3 Physical Condition. The Hirer certifies that he or she has no medical or physical condition which could interfere with the Hirer’s ability to participate safely in this activity, or else the Hirer assumes liability in relation to any loss or damages that is caused by any such condition.
5.0 GENERAL PROVISIONS
5.1 No Warranty. To the maximum extent permitted by law, the Item is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
5.2 Limitation of Liability.
(a) To the maximum extent permitted by law, neither Hidle nor the Owner, shall be liable for any indirect, punitive, incidental, special or consequential damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from any hire or the use of, or inability to use, the Item.
(b) If Hidle or the Owner are found to be liable, such liability to the Hirer or to any third party is limited to the greater of the total fees paid under the Agreement and $100.
(c) This limitation of liability section applies whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
5.3 Assignment. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either the Owner or the Hirer.
5.4 Third Party Beneficiary. Hidle shall be an intended third-party beneficiary of this agreement with the full rights to enforce the provisions relating to Hidle.
5.5 Governing Law. The Agreement shall be governed by the laws of the State of Western Australia.
5.6 No Waiver. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
5.7 Entire Agreement/Severability. The Agreement shall constitute the entire agreement between Hirer and the Owner in relation to the hire of the Item. If any provision of the Agreement is found to be invalid, then the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
Exhibit A HIDLE PTY LTD CANCELLATIONS & REFUNDS POLICY.
The following Item hire cancellation & refund terms apply to all Hires through Hidle.
a) If a hire is cancelled by the Hirer within four (4) hours after booking (other than for same day hires, which are subject to Section (d) below), then all funds shall be returned to the Hirer apart from a $25 administration fee.
b) If a hire is cancelled by the Hirer at least five (5) business days prior to commencement of the hire period, sixty (60) days for caravans & camper-trailers and section (a) above does not apply, then all funds shall be returned to the Hirer, less a 10% of hire fee payable to Hidle.
c) If a hire is cancelled by the Hirer at least two (2) business days but less than five (5) business days, or at least fourteen (14) days but less than sixty (60) business days for caravans and camper-trailers prior to commencement of the hire period, and section (a) above does not apply, then 50% of the hire fee shall be returned to the Hirer. The Hirer shall not receive any refund of the applicable fee payable to Hidle.
d) In the event a hire is cancelled by the Hirer less than 48 hours, or less than fourteen (14) days for caravans or camper-trailers, before commencement of the hire, then the Hirer shall not be eligible for any refunds.
e) If the Owner does not deliver the item at the place and time stated, then the Hirer shall be entitled to a full refund (including applicable Hidle fees), but the Owner will be charged a AU$25 administrative fee.
f) If upon delivery of the item or, within the first twenty-four (24) hours of the hire period, the Hirer reasonably determines that the item does not materially conform to the Owner’s description of the item, then the Hirer may notify Hidle of the deficiency and request a refund.
g) If a hire must be cancelled on the first day of the Hire Period due to a mechanical failure, then the Hirer will be eligible for a full refund. If a hire must be cancelled at any other time during the hire Period, then any refunds shall be calculated on a pro rata basis based on the number of days elapsed compared to the total number of days in the hire period.
h) Except as provided for in sections (a)-(g) of this Refund Policy, refunds shall only be granted after commencement of the hire period in extraordinary circumstances.
i) The Hirer and the Owner may mutually agree to shorten a Hire Period after commencement, in which case the Hirer would receive a partial refund, however the applicable Hidle fee charged to the Owner and the Hirer shall be calculated using the entire booked hire period.
j) Owner Cancellation Policy: Cancellations can have serious implications & effects on the Hirer's plans, and so accordingly, there are penalties that will be applied if the Owner cancels any hire, in accordance with the following:
1. If the Owner cancels any hire within forty eight (48) hours prior to pick up, then the Owner will be charged a fee of AU$25;
2. If the Owner cancels more than one hire within a six-month period, then the Owner may be charged up to AU$25 per cancellation; and
3. Any cancellation fees will be automatically deducted from the Owner’s future payouts. If future payouts are insufficient to cover cancellation fees, then the Owner agrees to pay Hidle the cancellation fee by their preferred method within three (3) business days.
k) Hidle shall determine all other refund requests in its reasonable discretion. If the Owner or the Hirer is not satisfied with Hidle’s determination, then their sole recourse shall be to seek payment or refund of fees from the Hirer or the Owner, as applicable.
(l) If the Owner or the Hirer fails to appear for scheduled delivery of the asset or item, then the parties may choose to reschedule the Hire Period rather than accept the penalties or refunds set forth above. If this occurs, then the parties must arrange such rescheduled delivery through Hidle administration and notify Hidle as soon as practicable.