RENTAL TERM’S AND CONDITIONS
Please note that this form must be completed before permission to use e-bikes is granted.
The names and Surnames provided will be recognized as the official and binding signatures.
Please be advised that in the event of overbooking, we will contact you upon receiving your reservation to confirm the date, time, and available bike options.
1. INTERPRETATION
1.1 In This Agreement, unless inconsistent with or otherwise indicated by the content when written in capital letters and used in this Agreement
1.1.1 “Accessories” means any accessories or spares provided to the Client together with the
E-Bike, which shall include 1 (one) helmet, 1 (one) safety vest and any other accessories
requested by the Client:
1.1.2 “Agreement” means the agreement as set out herein, together with the Booking/Reservation
Form and Pre-Rental and Post-Rental Inspection completed by the Client and
EBikeTrailBlazers representative and/or any Agreements or Documents EBIKE TRAILBLAZERS
require to be added:
1.1.3 “E-Bike” means the E-Bike:
1.1.4 “Client” means the adult individual defined in the Booking/Reservation Form as the person
that shall hire the E-Bike in terms of this Agreement:
1.1.5 “E-BIKE TRAIL BLAZERS” means E-Bike Trail Blazers (Pty) Ltd, registration number
2023/615650/07, a private company with limited liability duly incorporated in terms of the
laws of the Republic of South Africa:
1.1.6 “Rental” means the daily rental payable by the Client in respect of the hiring of the E-Bike:
1.1.7 “Reservation Form” means the reservation made by the Client upon completion and
submission of a Reservation Form and payment of the Rental.
1.2 This Agreement shall be governed by, construed, and interpreted in accordance with the law of
the Republic of South Africa.
1.3 The expiration, cancellation, or other termination of this Agreement shall not affect those
provisions of this Agreement that expressly provide that they will operate after such expiration,
cancellation, or other termination or which, of necessity, must continue to endure after such
expiration, cancellation, or other termination, notwithstanding the relevant clause, may not
expressly provide for such continuation.
1.4 Each provision of this Agreement (excluding only those essential at law for a valid and binding
agreement to be constituted) shall be separate and severable from the remaining provisions of
the agreement. If any of the provisions of this Agreement (excluding only those provisions
which are essential at law for a valid and binding agreement to be constituted) is found by any
court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such
invalidity and/or unenforceability, the provisions of this Agreement shall be and remain of full
force and effect.
2. HIRE AND PAYMENT
2.1 The Client shall make a Reservation by completing and submitting the Reservation form
electronically and making payment and/or deposit it in terms of clause
2.2 This Agreement shall be concluded between the Parties upon signing these standard terms and
conditions and payment of the Rental amount and the Deposit of R5000,00.
2.3 The Client shall hire the E-Bike subject to the terms and conditions set out in the agreement. 2.4 The Client shall pay the Rental specified by E-BIKE TRAIL BLAZERS on the collection of the
E-Bike by the Client.
2.5 In the event that the Reservation is cancelled by the Client, for any reason whatsoever, except as a result of hospitalization or death of the Client, E-BIKE TRAIL BLAZERS shall be entitled to retain the Rental in lieu of a cancellation fee.
3. COLLECTION AND RETURN
3.1 The Client shall collect and deliver the E-Bike and Accessories to E-BIKE TRAIL BLAZERS on the
date and at the time and address as agreed, and provided, further that the Client shall not be
entitled to take possession of the E-Bike If the Client has not provided E-BIKE TRAIL BLAZERS
with the following details –
3.1.1 the Client Identity number or passport number;
3.1.2 The Client Business or Residential address.
3.2 The Client shall inspect the E-Bike and Accessories on the date of collection. Unless the Client
advises E-BIKE TRAIL BLAZERS of any defaults, the E-Bike shall be deemed to be in good
working order and condition. E-BIKE TRAIL BLAZERS shall be entitled to charge the Client costs
for any damages or loss of the E-Bike and the Accessories.
3.3 The Client shall deliver the E-Bike and Accessories at the address at the time and date agreed
between the Client and E-BIKE TRAIL BLAZERS. The Client shall ensure that the E-Bike and
Accessories are available as aforesaid. In the event that the E-Bike and Accessories are not
made available as aforesaid, the Client shall be responsible for returning the E-Bike and
Accessories to E-BIKE TRAIL BLAZERS and shall be charged the Rental in respect of each day
for which the Client was late in returning the E-Bike to E-BIKE TRAIL BLAZERS.
3.4 E-BIKE TRAIL BLAZERS shall, upon return of the E-Bike and Accessories, inspect the E-Bike and
Accessories. In the event that the E-Bike and/or the Accessories is/are not in the same
condition in which the Client collected it, Fair wear and tear expected, E-BIKE TRAIL BLAZERS
shall be entitled to charge the cost of repairing such damage, as determined by E-BIKE TRAIL
BLAZERS, fair wear and tear expected, provided that E-BIKE TRAIL BLAZERS has provided the
Client with the quote in respect of the costs of repairs 4. RESPONSIBILITIES AND WARRANTIES
OF CLIENT
4.1 The Client shall
4.1.1 Maintain the E-Bike in perfect order and condition and return it to E-BIKE TRAIL BLAZERS in
the same condition upon collection by the Client, with expected fair wear and tear.
4.1.2 At all times, ensure that the E-Bike is appropriately operated and safely and in accordance
with all laws, regulations and by-laws applicable to the use of the E-Bike on a public road:
4.1.3 You can enjoy riding the E-Bike on the beach, but be aware that riding in the water is
strictly prohibited. Damage caused by water submersion is your responsibility. It is
recorded that if E-BIKE TRAIL BLAZERS discovers that the Client has breached the clause, a
minimum amount of R2,000.00 (Two Thousand Rand) shall be payable to E-BIKE TRAIL
BLAZERS regarding damages.
4.1.4 The Client shall at all times keep the E-Bike in his/her possession and under his/her direct
control and shall take reasonable care in the use of the E-Bike and
4.1.5 Take all necessary steps to protect the E-Bike against theft, loss, or any damage whatsoever.
4.1.6 The Client cannot use the E-Bike for race events and downhill tracks. E-BIKE TRAIL BLAZERS
fleets are cross-country E-Bike and can be used only on normal off-road, gravel roads, road
surfaces and beach riding concerning clause 4.1.3
5. CLIENTS LIABILITY
5.1 The E-Bike and Accessories shall be solely responsible for them from collection to the return
date.
5.2 The Clientshall be liable for any theft, loss, or damage to the E-Bike and the Accessories and
any other expenses incurred by E-BIKE TRAIL BLAZERS in recovering it.
6. EXCLUSION OF LIABILITY
6.1 It is recorded that the risks and dangers posed by the Client use of the E-Bike are beyond the
control of E-BIKE TRAIL BLAZERS. It is further recorded that, while using the E-Bike, the Client
may suffer loss or damage due to the actions of third parties. The Parties accordingly agree that
it is fair and responsible to exclude the liability of E-BIKE TRAIL BLAZERS for any loss, injury or
damage suffered by the Client as a result of the Client use of the E-Bike.
6.2 The Client understands and assumes all risks and liability relating to the conclusion of this
Agreement and the use of the E-Bike by the Client.
7. INDEMNITY
7.1 The Client hereby indemnifies E-BIKE TRAIL BLAZERS against and holds it harmless from any
claims, liability, damage, loss, penalty, expense, and cost of any nature whatsoever which E
BIKE TRAIL BLAZERS may sustain as a result of or attributable to the loss or theft of or damage
to the E-Bike, whatsoever arising.
7.2 The Client hereby indemnifies E-BIKE TRAIL BLAZERS against and holds it harmless from any
claims, liability, damage, loss, penalty, expense, and cost of any nature whatsoever that E-BIKE
TRAIL BLAZERS may sustain as a result of or attributed to the Client’s failure to fulfil its
obligations in terms of this Agreement.
8. BREACH
In the event of any of the Parties (“The Defaulting Party”) committing a breach of any of the terms of this Agreement and failing to remedy such breach within 7 (seven) days after receipt of a written Notice from another Party (“the Aggrieved Party”) calling upon the Defaulting Party so to remedy, then the Aggrieved Party shall be entitled, as it’s sole discretion and without prejudice to any of its other rights in law, either to claim specific performance of the terms of this Agreement or to cancel this Agreement immediately and without further notice, claim and recover damages from the defaulting party.
9. NOTICES AND DOMICILIA
The Client chooses as its domicillia citandi et executandi the address, including e-mail address, set out in the Reservation Form completed by or on behalf of him/her upon making the Reservation for all-purpose arising out of or in connection with this Agreement at which addresses all processes and notices arising out of or in connection with this Agreement, its breach or termination may validity be served upon or delivered to the Parties.
10. GENERAL
10.1 The Parties undertake at all times to do all such things, perform all such actions and take all
such steps as may be reasonably necessary for the fulfilment and implementation of this
Agreement in accordance with its spirit and intent.
10.2 Each of the provisions of this Agreement is separate and severable and enforceable
accordingly. If any such term or condition is or becomes unenforceable for any reason
whatsoever, the term or condition is severable from and shall not affect the validity of any
other term or condition contained in this Agreement.
10.3 No alteration, cancellation, variation, or addition to this Agreement shall be of any force or
effect unless reduced to writing and signed by all Parties to this Agreement or their duly
authorized representatives.
10.4 This Agreement cancels and supersedes the terms and conditions of all prior negotiations and
agreements between the Parties.
10.5 This document contains the entire Agreement between the Parties, and no Party shall be
bound by any undertakings, representations, warranties, promises or the like not recorded
herein
Do You Accept The Rental Terms & Conditions on Behalf of you and the Group?
