Service Terms and Conditions

1. HIRE AND PAYMENT
1.1 AfriCamps Boutique Camping Africa (Pty) Ltd (Registration Number: 2014/047202/07) of 5 Columbus Crescent, Rivergate Business Park, Cape Farms trading as e-Rides rents an electronic mountain bike (e-bike) to the client in terms of the provisions of this agreement.
1.2 The terms and conditions contained in this document are applicable to all rental agreements between e-Rides and the client identified on the rental agreement. By renting an e-bike from e-Rides, the client accepts these Terms and Conditions, Waivers, and Indemnities.
The client shall make a reservation by completing the rental agreement and policy and making payment as in terms of this agreement.
1.3 The client hires the e-bike subject to the terms and conditions set out in the agreement. The client is responsible for the e-bike in every way while it is in his possession. The e-bike shall be returned in an undamaged condition, failing which e-Rides may levy additional charges for repair, maintenance, or replacement.
1.4 The client shall pay the rental specified before the delivery of the bike.
1.5 In the event that the reservation is cancelled by the client less than 48 hours before the event, for any reason whatsoever, except because of hospitalisation or death of the client, e-Rides is entitled to retain the rental in lieu of a cancellation fee. No refund will be paid should a reservation be cancelled with less than 48 hours’ notice. Cancellations more than 48 hours before the event will not receive a refund.
Cancellations more than 30 days before the event will receive an 85% refund.
1.6 e-Rides shall not attract any liability if the client is unable to fill his booking due to an event of Force Majeure. Clients may reschedule a booking to a later date.

2. DELIVERY AND RETURN
2.1 The e-bike will be ready from 08:30 am on the rental date at the allocated e-Rides Rental Centre. The e-bike must be returned to the same premises before 17:00 pm at the end of your rental period (unless otherwise agreed). Late returns are subject to fees.
2.2 The client is entitled to inspect the e-bike and accessories before delivery. Unless the client advises of any faults or damage, the e-bike shall be deemed to be in good working order and condition. e-Rides shall be entitled to charge costs to the client for any damages or loss of the bike and the accessories.
2.3 e-Rides shall, upon return of the bike and accessories, inspect the bike and accessories. If the bike and/or the accessories is/are not in the same condition in which it was delivered to the client (fair wear and tear expected), e-Rides shall be entitled to charge the cost of repairing such damage as determined by e-Rides.

3. RESPONSIBILITIES AND WARRANTIES OF CLIENT
3.1 The Client shall:
3.1.1 Return the bike in the same condition which it was upon delivery to the client, fair wear and tear excepted.
3.1.2 At all times ensure that the bike is operated properly and safely and in accordance with all laws, regulations, and by-laws applicable to use of the bike on a public road.
3.1.3 Always keep the bike in his/her possession and under his/her direct control and shall take reasonable care in the use of the bike.
3.1.4 Take all necessary steps to protect the bike against theft, loss, or any damage whatsoever.
3.2 Prohibited acts
1. Using the e-bikes for purposes other than the designated purpose as a cross county bike for tar, dirt and gravel road surfaces.
2. Having the e-bike driven by a person other than the driver as per this agreement.
3. Sub-leasing the e-bike, or allowing it to be used by third parties.
4. Riding the e-bike on the beach.
5. Riding the e-bike through deep water.
6. Using the e-bike in violation of laws and regulations or public order.
7. Transport the e-bike by car, or other means, without written permission from e-Rides.
8. Transport the e-bike by car without the means of an e-bike approved bike carrier.
9. Modify the e-bike.

4. GPS
The renter agrees to the fact that a global positioning system (hereafter referred to as “GPS”) is installed in the e-bikes. The client consents to collection of data regarding the current position, travel route and such other information of the e-bikes will be collected for the purpose of:
1. To confirm whether the e-bikes have been returned to their prescribed location at the end of the rental day / agreement.
2. To confirm whether the e-bikes have been used by the client in area’s not suitable for e-bikes.
3. To confirm the current location of each e-bike.
4. To perform marketing analysis.
5. To keep track of the maintenance schedule of each e-bike.
The client agrees to disclosure of the information that has been recorded with the GPS function.

5. CLIENTS LIABILITY
5.1 The e-bike and accessories shall, from delivery to return of the e-bike and accessories, be the sole responsibility of the client.
5.2 The client shall be liable for any theft, loss or damages to the e-bike and the accessories, and any other expenses incurred in recovering the
bike and the accessories.
5.3 If the e-bike becomes unusable during the rental period the client shall be liable for the expenses to recover the e-Bike.
5.4 If the breakdown or trouble is due to a defect which exists when the client takes possession of the e-Bike e-Rides will in its sole discretion:
5.4.1 offer a substitute e-Bike to the client; or
5.4.2 refund the rental to the client.

6. INDEMNITY AND EXCLUSION OF LIABILITY
6.1 It is recorded that the risk and dangers posed by the client’s use of the bike are beyond the control of e-Rides. It is further recorded that, while using the e-bike, the client may suffer loss or damage, amongst others as a result of the actions of third parties. The parties accordingly agree that it is fair and responsible to exclude the liability of e-Rides for any loss, injury or damage suffered by the client because of the client’s use of the 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.
6.3 The client confirms that he understands and accepts that renting an e-bike and participating in e-biking may expose him hazards that may entail unavoidable risk of death, personal injury and loss or damage to property. The client must be in good physical health to participate in e-biking. The client confirms that he has no medical conditions, nor has he been diagnosed with a condition that prevents him from bicycling. Despite the risks and acknowledgements, the client hereby assumes all risk of injury or loss of life to the rider and loss of damage to property arising out of renting the e-bike and participating in e-biking. The client understands the inherent risk involved in using the e-bike and equipment and accepts full responsibility for all such damage or injury which may result.
6.4 The client specifically releases and forever discharges e-Rides, AfriCamps and its affiliates, officers, agents, and employees from all liability or claims for injury, illness, death, or loss or damage to property which the client or rider may suffer while renting the e-bike and participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death, or damage caused by the negligence of e-Rides or its affiliates, officers, agents, or employees.
6.5 The client releases e-Rides and AfriCamps and holds it harmless from all liability for any such property loss or damage, personal injury, or loss of life, whether caused by the negligence of e-Rides or whether based upon breach of contract, breach of warranty.
6.6 The client confirms that he recognizes that if injury, illness, death or damage occurs to him while he rents the e-bike or participates in ebiking, he will have no right to make a claim or file a lawsuit against e-Rides, AfriCamps or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.
6.7 It is recommended that the client takes out adequate insurance (liability, medical, loss of belongings and cancellation).
6.8 The client hereby indemnifies e-Rides and AfriCamps against and holds it harmless from any claims, liability, damage, loss, penalty, expense, and cost of any nature whatsoever which e-Rides may sustain as a result of, or attributable to the loss or theft of or damage to the bike whatsoever arising.
6.9 The client hereby indemnifies e-Rides and AfriCamps against and holds it harmless from any claims, liability, damage, loss, penalty, expense, and cost of any nature whatsoever which e-Rides may sustain as a result of or attributed to the failure of the to fulfil its obligations in terms of this agreement.

7. NOTICES AND DOMICILIA
The client chooses as its domicillia citandi et executandi the address, including email address, set out in this policy 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.

8. GENERAL
8.1 The parties always undertake 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.
8.2 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.
8.3 No alteration, cancellation, a variation of, 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 authorised representatives.
8.4 This Agreement cancels and supersedes the terms and conditions of all prior negotiations and agreements between the parties.
8.5 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.

9. ACKNOWLEDGEMENT
9.1 The client acknowledges and agrees to the following rental agreement terms and conditions:
● E-bikes are rented out clean and in proper working condition and must be returned in the same manner.
● Helmets are included in the rental and are required to be always worn while riding bicycles rented from e-
Rides.
● The e-bikes are maintained daily. It is the responsibility of the client to check the bike BEFORE setting out on
any ride.
● It’s not allowed to transport e-bikes by car, or other means of transport, without permission of e-Rides. Only
transport by official e-bike carriers will be approved.
9.2 The client is responsible for the recovery of the bicycle and in the case of an unplanned event which is outside of the renter’s and e-rides control.
This includes:
● Rider capability – the rider is not capable of riding a bicycle effectively.
● Ride schedule – the rider is not meeting their schedule and needs to abort the trip and not return the bike to base.
● Battery discharge – route planning and preparedness leaving the rider without electrical power.
● Fatigue – the rider is not in condition to ride a bicycle effectively.
● Accident – where an accident prevents further travel.
● Breakage – When the bike fails because of technical malfunction. This includes flat tires.
9.3 The client accepts use of the equipment, as is, in good condition and accept full responsibility for care of the equipment while under my possession. Damaged parts or components will be repaired or replaced at e-Rides rental centre’s discretion and the client agrees to pay regular shop rates and retail prices for the components replaced.
Undamaged condition means normal wear and tear is accepted but does not include, broken spokes, rims, bent rims, damaged frames, handlebars, seat, and other parts from misuse and/or crashes.

10. The following numbers can be used in an emergency, please keep them with you:
- Onsite-events (Mias) +27 82 758 5845
- Onsite-events (Lans) +27 82 787 2472