🛴 E-SCOOTER HIRE AGREEMENT

Waiver, Release of Liability & Terms of Hire

Gippsland Holidays
ABN: 85 858 212 417

Important Notice

Please read this agreement carefully before hiring or operating an e-scooter.

By proceeding with a booking, hiring, or using an e-scooter from Gippsland Holidays, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

1. Eligibility & Legal Compliance

You agree and declare that:

• You are at least 16 years of age (as required under Victorian law)
• You hold a valid driver’s licence OR understand you must comply with all Victorian road rules for personal mobility devices
• You are legally permitted and physically capable of operating an e-scooter safely
• You are responsible for complying with all applicable laws

2. Safe Operation Requirements

You agree that you will:

• Wear a helmet at all times (provided as part of hire)
• Not carry passengers under any circumstances
• Not ride under the influence of alcohol or drugs (except prescribed medication)
• Only ride where legally permitted under Victorian road rules
• Operate the e-scooter responsibly and within your ability
• Not tamper with, modify, or alter the equipment in any way

You accept full responsibility for supervising any minors in your care (minors are not permitted to operate e-scooters).

3. Equipment Responsibility

You agree that:

• You are responsible for the e-scooter during the entire hire period
• Any loss, theft, or damage will be charged to you
• The e-scooter must be returned in the same condition it was provided
• Repair or replacement costs may apply for damage or misuse

4. Risk Acknowledgement

You acknowledge that use of an e-scooter involves inherent risks including but not limited to:

• Collisions with vehicles, pedestrians, or objects
• Falls or loss of control
• Mechanical failure
• Injury or death
• Property damage

These risks may arise from your actions, third parties, or environmental conditions.

5. Assumption of Risk

You confirm that:

• You voluntarily accept all risks associated with e-scooter hire and use
• You are responsible for your own safety at all times
• You are aware of your physical and mental capabilities

6. Liability Waiver & Indemnity

To the fullest extent permitted by law, you:

• Release and discharge Gippsland Holidays, including its owners, employees, contractors, and agents, from all liability
• Indemnify Gippsland Holidays against any claims, damages, losses, or legal action arising from your use of the e-scooter
• Accept responsibility for any fines, infringements, or legal breaches during the hire period

7. Recreational Services & Australian Consumer Law

• Nothing in this agreement excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law which cannot be excluded by law.
• To the extent permitted by law, the supply of recreational services under this agreement is subject to section 139A of the Australian Consumer Law, and you agree that where those provisions apply, liability for personal injury (including death) arising from the supply of recreational services is excluded to the maximum extent permitted by law. You acknowledge and agree that participation in all activities is at your own risk.

8. Equipment Damage & Charges

You agree that:

• You are financially responsible for any damage, loss, or theft
• Repair or replacement costs will be charged if required
• Additional charges may apply for misuse or negligence

9. Booking, Payment & Cancellation

Bookings must be secured at the time of reservation by full payment or valid payment details.

Bookings are not confirmed until received.

Same-day bookings must be paid in full at time of booking.

Cancellations:

• More than 24 hours notice: Full refund (excluding fees)
• 12–24 hours notice: 50% refund (excluding fees)
• Less than 12 hours or no-show: No refund

Late arrivals may result in reduced hire time or cancellation without refund.

10. Weather & Safety Override

Gippsland Holidays reserves the right to delay, cancel, or terminate any hire at any time where safety risks are identified, including weather or environmental conditions.

These decisions are final and made in the interest of safety.

11. Acceptance of Terms

By proceeding with booking or using an e-scooter, you confirm that you:

• Have read and understood this agreement
• Accept all risks associated with participation
• Agree to comply with all conditions outlined above