Quipmo Rental Agreement
QUIPMO RENTAL AGREEMENT
IMPORTANT – READ THIS CAREFULLY BEFORE AGREEING TO RENT WITH QUIPMO.
For the purposes of this Agreement, (a) “Gear” is any type of recreational equipment, such as a bicycle, snow skis, snowboard, surfboard, stand up paddle board, etc. made available through the Quipmo website (“Site”,”Quipmo Platform” or “Quipmo Services”); (b) the “Renter” is the person renting the Gear and any other equipment using an account created on the Site), and the “Owner” is the owner or authorized agent for the Gear made available for rent via the Site. Owners and Renters are collectively referred to as “Users”. This is a binding agreement between Renter and Owner. Quipmo PTY LTD, (“Quipmo”) is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement.
Owner enters into this Agreement and allows Renter to rent and use the Gear, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Gear, Renter acknowledges that:
- he or she has read and understood this Agreement;
- he or she agrees to be bound by all of the terms of this Agreement;
- he or she is knowledgeable with respect to the type of Gear being rented and adjustments required for safe operation and use; and
- If he or she is not knowledgeable with respect to the type of equipment being rented and the specific adjustments required for its safe operation and use, he/she is hereby advised to seek assistance of a suitably qualified person or instructor for proper evaluation, adjustment and tuning of the Gear
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT the Gear OR ANY OTHER EQUIPMENT.
Use of the Quipmo Platform or use of the Quipmo Services confirms that You agree to be bound by this Agreement and terms and conditions as provided herein.
Renter and Owner agree as follows:
1.1. Agreement to Rent. By accepting this Agreement, Owner agrees to rent the Gear to Renter, and Renter agrees to rent the Gear from Owner, on the terms and subject to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”).
1.2. Booking and Payment. Renter authorizes Quipmo to charge the amounts due as a result of the Booking Rental process to Renter’s credit card or other payment method. Charges for upcoming rentals will be processed at the time of the booking.
1.3. Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Gear.
1.4. Pre and Post Rental Form. Owner and Renter acknowledge that the Pre and Post Rental Form must be completed prior to commencement of the Rental Period and upon completion of the Rental Period.
1.5. Refunds and Cancellations. No refunds are available unless mutually agreed and facilitated by the Owner and Renter. If an Owner agrees to refund part or all of a Rental Payment, the Owner must refund the Rental Payment back into the Renter’s nominated account less the Quipmo Service Fee.
1.6. Insurance. Quipmo may offer its Users an opportunity to obtain insurance for Quipmo Users. Quipmo may also elect to obtain its own insurance that may provide cover for Quipmo Users. All such insurance is offered by a third party. Terms and conditions for such third party insurance are located at quipmo.com/insurance. Quipmo confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services. Quipmo does not represent that the insurance offered via the Quipmo Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as home and contents or travel insurance) is required.
1.7. Security Deposits. Owners may choose to include security deposits in their Listings. Each Listing will describe whether a Security Deposit is required and the form of security that will be taken. Where a Security Deposit is required, Renter agrees to provide the Security Deposit and Owner agrees to hold the Security Deposit for the Rental Period. Renter acknowledges that the Security Deposit may be used to pay the Owner for loss and/or damage caused to the Gear during the Rental Period. Owner acknowledges that they are responsible for refunding the Security Deposit, either in part or in full at the end of the Rental Period. Quipmo is not responsible for accepting administering, or returning Security Deposits. Further, Quipmo is not responsible for administering or accepting any claims related to Security Deposits, and disclaims any and all liability in this regard. Owners should be aware of the local laws and jurisdictions governing the taking of Security Deposits before deciding whether or not to accept a Security Deposit.
2. OWNER OBLIGATIONS
2.1. Condition of Gear. By making the Gear available for rent hereunder, and agreeing to the terms of this Agreement, Owner represents and warrants that (a) he or she is the sole owner of the Gear, or that he or she has full agency or other authority to enter into this Agreement and to rent the Gear to Renter; (b) the Gear has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Gear is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Gear during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices.
3. RENTER OBLIGATIONS
3.1. Usage. No other person may drive or otherwise operate the Gear except Renter. Renter is prohibited from carrying any passengers on the Gear at any time (except on cargo bikes and tandems). Renter may not add any kind of seat or modification to allow someone to ride on the rear fender of a rented bicycle, and no one may ride on the handlebars of a rented bicycle at any time. Renter is prohibited from pulling or towing any passenger or object with the Gear at any time (except for bike trailers, when authorized by the Owner). For rentals of winter sports equipment, unless expressly included in the Rental, Renter is responsible for provision of boots, poles, gloves, helmet, goggles and any other necessary equipment. Renter is also responsible for making proper adjustments to the Gear and associated equipment, if any, to match Renter’s height, weight and skill level. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against Owner and Quipmo with respect to the proper adjustment of bindings, boots, helmets, seat posts and other equipment.
3.2. Renter must follow all laws, rules and regulations, as well as posted signs and warnings. Renter should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect safe operation of the Gear. Renter is responsible for securing the Gear at all times, including the use of theft prevention devices, where appropriate, and only storing the Gear in an enclosed area at night. Renter is also responsible for any injuries to themselves or other people, or damage to the Gear or any other property during the Rental Period.
3.3. Return. Renter agrees to return the Gear to Owner in the same condition as received, except for ordinary wear and tear (which does not include flat tires) and ordinary adjustments meant to fit the Gear to the user’s height, weight and skill level, on the due date and time and at the location specified by Owner at time of rental. Renter understands that there may be additional charges if the Gear is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental.
3.4. If Renter fails to return the Gear at the agreed date, time and location, and has not agreed with Owner or Quipmo on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Renter fails to return the Gear at the rescheduled time and place, then (a) Quipmo shall determine that Renter does not intend to return the Gear; (b) Quipmo or Owner may lawfully repossess the Gear; and (c) Quipmo and Owner may exercise any other rights or remedies, and take any other necessary measures, to repossess the Gear and/or collect the full amount owed by Renter hereunder.
3.5. If Owner fails to appear at the scheduled time and place for return of the Gear, Renter remains responsible for the safe keeping of the Gear. In such event Renter should contact the Owner to arrange alternate means for return of the Gear. Owner shall be responsible for any fees incurred by Renter in connection with such alternate return method. Quipmo shall not be responsible for any delay or loss of use of the Gear due to Owner’s failure to appear as scheduled or to make alternate payment and return arrangements.
3.6. Repossession. Owner may repossess the Gear at any time if: (a) the Gear is used in violation of law; (b) it appears the Gear is abandoned, (c) the Gear is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to Owner or (e) Renter fails to return the Gear when due. Owner is not required to notify Renter in advance of repossession.
3.7. Prohibited Use. Use of the Gear is restricted to the general geographical area agreed upon by Renter and Owner. Renter will not operate Gear outside of this area and will not remove Gear from this area. Renter agrees not to use or permit the Gear to be used for hire or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Gear to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Owner for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. Gear should not be stored outside overnight, with or without theft prevention devices. Owner may not approve overnight outdoor storage, and Renters are advised that any approval or direction by Owner will not relieve Renter of potential liability.
3.8. Damage to Gear. Renter shall pay Owner for all losses and/or damage to the Gear, except for ordinary wear and tear that does not impact the usability of the Gear or significantly impact the resale value of the Gear, regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault).
3.9. Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Gear, including any instructions or security devices provided by Owner.
3.10. Renter agrees to pay Owner for all losses and/or damage to Gear in accordance with the Damage/Cost Schedules set forth on Schedule 1 of this Agreement.
3.11 Quipmo will not be liable or held responsible for recovering funds on behalf of the Owner in respect to losses and/or damage to the Gear.
3.12 Repairs. If Renter experiences any malfunctions with the Gear during the Rental period, Renter should immediately notify Quipmo and Owner to obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Gear. Renter understands that Owner will not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the Gear will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter. Owner shall be responsible for returning the Gear to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. If a malfunction compromises the safety or usability of Gear during a Rental, the Renter should contact the Owner immediately and arrange for return of the Gear to the Owner. In such an event, the cost for any remaining days of the Rental would be refunded to the Renter.
3.13. Ownership. the Gear, at all times, remains the exclusive property of Owner. Renter is responsible for damage to or loss of Gear. If the Gear is lost, destroyed or damaged beyond repair in the judgment of Owner, Renter agrees to pay Owner the value of Gear.
4. ACKNOWLEDGEMENT OF RISKS, WAIVER AND INDEMNITIES
4.1. Acknowledgement of Risks. Renter understands and acknowledge that the Gear is provided “as is” and without warranties. Renter further understands and acknowledges that bicycling, water and winter 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. Renter understands that such risks cannot be eliminated by Owner without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).
4.2. Renter understands that skis and snowboards typically contain boot binding systems that may not release or retain at all times, even where release or retention might prevent or minimize injury, and that certain binding systems are not designed to release at all. Renter acknowledges all the risks of operating Gear on streets, roads, ski and snowboard trails, ungroomed trails, bike paths, bike lanes, in traffic and any other environment where the Gear might be used, including but not limited to the risks of serious bodily injury or death from falling off the Gear, colliding with other skiers, snowboarders, bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing, binding failure or other mechanical failure, and hazards relating to terrain and weather conditions. Renter understands that protective gear such as 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.
4.3. Assumption of Risk. RENTER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF the Gear, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF the Gear OR POSSESSION OF the Gear EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF Owner, Quipmo, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS Gear AND RENTER AGREES TO HOLD Owner AND Quipmo HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE.
4.4. Waiver and Release. In consideration of Owner renting the Gear, Renter specifically releases and forever discharges Owner, Quipmo, 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 Renter may suffer while renting this Gear 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, Quipmo, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Owner and Quipmo 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 Quipmo or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Gear or participating in bicycling, water and winter sports or any other activity associated with the Gear, Renter will have no right to make a claim or file a lawsuit against Owner, Quipmo or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.
4.5. Indemnification. Renter agrees to indemnify and hold harmless Owner and Quipmo and their subsidiaries, agents, licensors, managers, 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 (including legal fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the Gear, including the possession, use, operation, or return of the Gear, and including any such claims which allege negligent acts or omissions on the part of Owner or Quipmo. Should Owner, Quipmo or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.
4.6. Renter Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that Owner and/or Quipmo may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Gear. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder.
4.7. Physical Condition. Renter understands the he or she should be in good physical health to participate in bicycling, water and snow activities. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
5. GENERAL PROVISIONS
5.1. No Warranty
5.1.1. Except for liability in relation to any Non-excludable Condition, the Quipmo service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent allowed by law.
5.2. Limitation of Liability
5.2.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law Quipmo specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any gear or service supplied), arising out of or in any way connected with any transaction between Renters and Owners.
5.2.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Quipmo specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any gear or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Quipmo Platform.
5.2.3. Except for liability in relation to a breach of any Non-excludable Condition, Quipmo’s liability to any User of this service is limited to the total amount of fees paid by that User to Quipmo during the twelve month period prior to any incident causing liability of Quipmo.
5.2.4. Quipmo’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing gear in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
5.3. No Agency
5.3.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Quipmo, its related entities or affiliates in any way whatsoever. Quipmo confirms that all Third Party Services that may be promoted on the Quipmo service are provided solely by such Third Party Service providers. To the extent permitted by law, Quipmo specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.
5.4. Third Party Claims
5.4.1. Neither Owner nor Quipmo shall be responsible if Renter causes injury to another person or if Renter damages another bicycle, ski or snowboard, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold Owner and Quipmo harmless and pay any claim, including legal fees, brought by a third party arising out of Renter’s use of the Gear and for any liability associated with any personal accident/injury as a result of Renter’s use of the Gear.
5.5.1. This Agreement is governed by the laws of New South Wales, Australia. You and Quipmo submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
5.5.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
5.5.3. This Agreement may be assigned or novated by Quipmo to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
5.5.4. This Agreement sets out the entire understanding and agreement between the Owner and Renter with respect to its subject matter.
5.5.5. Third Party Beneficiary. Quipmo shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Quipmo herein.
5.5.6. No Waiver. No waiver of any term of this 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 this Agreement shall not constitute a waiver of such right or provision.
Schedule 1 – Damage / Cost Schedules
|Surf (Including SUP and Kiteboards)||Charge (AUD inc GST)|
|Minor dings (approximately 5cm)||$30|
|Medium dings (approximately 5cm-10cm)||$50|
|Medium to large dings (approximately 10cm-15cm)||$70|
|Large dings (approximately 15cm-20cm)||$90|
|Remove / replace fin box||$100|
|Remove / replace fin plug||$80 for 1|
|Remove / replace long fin box||$100|
|Replace glass on fin||$100|
|Buckles, breaks or total loss – Surf & Kiteboards|
Buckles, breaks or total loss – SUP
|Other damage – Surf & Kiteboards|
Other damage- SUP
|As mutually agreed between Owner and Renter but capped at maximum of $100|
As mutually agreed between Owner and Renter but capped at maximum of $250
|Bike||Charge (AUD inc GST)|
|Flat tyre (replace tube)||$30|
|Flat tyre (replace tube and tyre)||$100|
|Buckled wheel (requiring re-alignment)||$80|
|Other damage||As mutually agreed between Owner and Renter but capped at maximum of $250|
|Snow (Including Snowboards and Skis)||Charge (AUD inc GST)|
|Other damage||As mutually agreed between Owner and Renter but capped at maximum of $100|
|Kite||Charge (AUD inc GST)|
|Other damage||As mutually agreed between Owner and Renter but capped at maximum of $250|