Terms & Conditions of Hire:
Please read all of our terms and conditions carefully before booking your e-bike.
The following terms and conditions together with the general information contained on this website (Terms and Conditions) form the basis of your contract with Visual Energy Limited (trading as Zoomandel E-Bikes) (Operator) and shall apply to all bookings via this website and you are deemed to have accepted them by making such booking.
Road Usage and Safety
By hiring our bikes, you (“the Hirer”) agree to the following conditions:
Road Code: You confirm that you have a good understanding of the New Zealand Road Code for Cyclists and agree to abide by all its rules. You can find the latest version here: https://nzta.govt.nz/roadcode/code-for-cycling
Helmet and Lights: You acknowledge that it is a legal requirement in New Zealand to wear a safety helmet while riding a bicycle and you agree to wear the safety helmet provided by the Operator at all times while riding the e-bike. You also agree to use appropriate lights on the e-bike during hours of darkness or in low-visibility conditions, as required by law.
Safe Riding Practices: You agree to always ride on the left-hand side of the road, obey all traffic laws, and use designated cycle lanes or paths whenever possible. You will ride carefully and respectfully, considering the safety of all other road users, including pedestrians and motorists.
Risk Disclosure and Acceptance
By proceeding with the e-bike hire,
You accept that cycling can be inherently dangerous and involves risks, including but not limited to:
Riding in or near traffic.
Navigating the terrain and road conditions in The Coromandel.
Exposure to adverse weather conditions.
Riding on uneven or slippery surfaces.
The risk of collisions with other vehicles, cyclists, or pedestrians.
Physical strain, injury, or illness resulting from the activity.
You confirm you are physically fit and have disclosed to the Operator any medical conditions or injuries that may affect your ability to safely operate the e-bike.
You accept full responsibility for your actions and understand that your behaviour whilst using the e-bike will affect the risks that you may be exposed to and that the Operator has no control over these risks.
You accept the Operator will not be responsible for any personal injury and/or property damage caused by you and any costs for such injury/damage will be your responsibility. You shall indemnify the Operator in relation to such costs.
You accept you are liable for damage caused to any e-bike hired while using or in charge of the e-bike. We expect that bikes will experience general wear and tear and are accepting of this. This does not extend to broken components or frame where the user has had an accident, has been negligent or purposefully damaged the bicycle. In all cases you agree to accept responsibility and pay for the repair of damaged or broken items, noting that we will only pass on the wholesale cost (inc GST) of the component plus any labour involved in the repair.
You have discussed your intended use with the Operator and have selected a bike that is suitable for your needs.
You agree to wear appropriate footwear and clothing to ensure your own safety and to prevent damage to the e-bike.
You understand that riding while under the influence of alcohol, drugs, or any other impairment is unlawful and dangerous. You agree that you will not operate the bike in such a state. If you require assistance, please contact us (fees may apply).
You acknowledge that you have been directed to the New Zealand Road Code for Cycling for information on responsible and lawful riding and that you will abide by that Code.
You agree your successors, executors and administrators are bound by the Terms and Conditions.
Equipment Hire & Responsibility
By hiring equipment from the Operator, you agree to the following terms:
Ownership and Care: The hired equipment remains the property of the Operator. You accept full responsibility for the care, security, and safekeeping of the equipment from the time of hire until its return.
Permitted Use: You agree to comply with all instructions given to you by the Operator. You agree to use the equipment responsibly and only for its intended purpose. You agree to not ride the e-bike on beaches, in the sea, or through any rivers or waterways. You agree that the equipment is for your use only and will not be lent to others. You agree to use the provided bike lock to secure the e-bike at all times that you are not riding it.
Drugs and Alcohol: For safety and legal reasons, you agree the Operator has the right to refuse hire to you or any individual in your group who appears to be under the influence of drugs or alcohol. The Operator may also refuse hire if your behaviour is dangerous, unlawful, abusive, or otherwise inappropriate.
Reporting Issues: You agree to treat the equipment with care and to notify the Operator immediately if you experience any issues or problems with it. Our team is available to assist you during our operating hours, from 9:00 AM to 6:00 PM daily. Please call us on +64 21 724 217 for support.
Damage, Loss, or Theft: You will be held liable for any damage, loss, or theft of the equipment, including excessive wear due to negligence or misuse. You agree to report any damage to us promptly. The costs for repair or replacement will be charged to you.
Late Returns: If the equipment is not returned by the agreed-upon time, you will be charged the single-day hire rate for up to two additional days. If the equipment is not returned within two days of the due date, it will be considered stolen and reported to the New Zealand Police, and you will be liable for the full replacement cost of the equipment. Your total liability for any single e-bike hired will not exceed $1,000. This does not limit our ability to seek compensation for losses caused by criminal conduct.
Security Deposit: We may require a credit card imprint or record as security for the hired equipment. By providing your credit card, you authorise the Operator to debit your card for any repair, replacement, or late return charges as outlined in this agreement.
Payments
Payment for your booking is required in full at the time of booking. You agree to make payment via a debit to your nominated credit card. The amount debited will be the amount shown in New Zealand dollars (inclusive of New Zealand Goods and Services Tax) on the booking page prior to you clicking "make payment" on that page and you will be charged to your credit card at the amount shown or converted to your local currency by your credit card company. Depending upon the currency of the booking, your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider. We are not responsible for currency conversion or any fees imposed by your credit card provider and any questions relating to such matters should be directed to them.
Refunds for bookings, based on our cancellation policy below, will be refunded to the nominated credit card used to pay for the original booking. All refunds will be made by us in New Zealand dollars. If you paid by a credit card denominated in a foreign currency, the refund amount you receive in your foreign currency may not be exactly what you were charged at the time of booking due to changes in the foreign exchange rates, non-refundable or additional bank or credit card charges, or other factors. We are not responsible for currency exchange rate changes or conversion rates and fees imposed by your credit card provider or bank, and any questions relating to such matters should be directed to them. We accept no liability whatsoever for any loss that you suffer as a result of a difference in currency exchange rates, fees or otherwise in relation to the amount refunded.
Cancellation and Booking Policy
This policy outlines our terms for cancellations and changes to bookings. Please note that our e-bike hires operate regardless of weather conditions (unless cancelled by the Operator as specified below).
Day and Half-Day Hire Bookings
Cancellations:
If you cancel your booking within 1 days of your scheduled hire date, you will not be entitled to a refund. A credit for the value of your booking, valid for three months, may be issued at the discretion of management.
Multi-Day Hire Bookings
Cancellations:
If you cancel your booking within 2 days of your scheduled hire date, you will not be entitled to a refund. A credit for the value of your booking, valid for up to 6 months, may be issued at the discretion of management.
For all other cancellations, a cancellation fee of $100.00 will apply.
General Conditions
No-Shows and Early Returns: No refunds will be provided for "no-shows," change of mind, or for early returns once the hire has commenced.
Equipment Performance: No refunds will be given if you believe the e-bike is not performing as expected. You must contact us immediately for assistance or support. We will address any issues in accordance with our obligations under the Consumer Guarantees Act 1993.
Cancellations by the Operator
We reserve the right to cancel or postpone any hire at our discretion due to genuine safety concerns, adverse weather conditions, or other unforeseen events that, in our opinion, prevent safe operation. In such cases, you will receive a full refund within 5 working days of the cancellation date.
Illness or Injury
In the event of illness or injury, we may, at our discretion, agree to reschedule your booking.
Insurance (For International Visitors)
If you are an international visitor, you are strongly advised to ensure that your travel insurance policy provides adequate cover for activities such as cycling and for any potential medical or personal liability incidents.
Group Bookings
By making a group booking, you confirm that you have been authorised by all members of your group to agree to these terms on their behalf. In doing so, you acknowledge and agree to the following:
You have informed all members of your group about the risks disclosed in these terms and conditions.
You accept full responsibility for the safety and conduct of each person within your group and for the hired equipment.
Privacy
By making a booking, you understand and agree that you must show your passport or driver’s licence before starting any rental to confirm your identity. You agree that the Operator may retain a copy of your passport or driver’s licence for that purpose.
You agree that the Operator retains ownership of any photos or videos it takes of you during your hire, and you consent to the Operator using such photos and videos for any purpose, including without limitation any promotional or marketing activity (whether in print, online or otherwise) that the Operator wishes to undertake. At no point will these images be connected with the names of the participants. We welcome riders posting images on their own experience as part of a review or social media post.
You authorise the Operator to use your contact details for future promotions and event invitations in accordance with the Privacy Act 2020. You have the right to opt-out of these communications at any time.
Liability
To the maximum extent permitted by law (whether in contract, tort, under statute or otherwise), you acknowledge that the Operator (including its directors, owners, staff, volunteers, associates or representatives) shall be limited to an aggregate amount equal to the amount of the fees paid by you, or on your behalf, to the Operator for the hire of the equipment.
You agree that you release, waive and indemnify the Operator (including its directors, owners, staff, volunteers, associates or representatives) from and against all claims, losses, damages or expenses (including without limitation legal costs) resulting from your hire of the equipment.
You agree to assume all responsibility for any personal injury, loss, damage to property, disruption to travel plans or indirect or consequential loss or damage of any kind (including, without limitation, financial loss or loss of profit) arising as a result of or in connection with your hire of the equipment from the Operator.
You agree the Operator will not be liable for any injury, accident, loss, or damage to any person or property that arises out of your hire or use of the equipment, except where such injury, loss, or damage is a direct result of the Operator’s negligence.
Accuracy of Information
We make every effort to ensure the information on our website is accurate, up-to-date and accurately reflects our products and services. However, occasional errors or omissions may occur and there may be minor differences between the products or services described on the site and the actual items. If you notice any discrepancies or have a concern, please contact us to report the issue.
Changes to Terms and Conditions
The Operator reserves the right to change these Terms and Conditions at any time without notifying customers. Any future bookings you may make will be made subject to the Terms and Conditions which apply at the time a booking is made and you are advised to read all the Terms and Conditions carefully on each occasion prior to making a booking.
Governing Law
This website and all component parts, including these Terms and Conditions are governed exclusively by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
General Website Terms & Conditions
1) By accessing this website, you agree that we, and those officially recognised as associated to or party to this website (hereinafter referred to collectively as “the publisher”) cannot be held responsible for any error, omission, fault or inaccuracy and shall not be liable for any loss or damage howsoever caused to any user / party. 2) All comments / contributions made by users to this website (either those with an account or not) in public areas (e.g. comments, testimonials, reviews etc) are the sole legal responsibility of the person posting them and may not reflect the opinion of the publishers. 3) The publishers reserve the right to amend, change, delete or modify as appropriate, any information or detail on one or all pages of this website (including, but not limited to, pricing, product description, quantity and availability, comments or reviews by users) without notification, at any time. 4) All information, documents, photo’s, illustrations, pictures, images, and all media, words, ideas, trademarks, designs and concepts contained within this website shall remain the property and copyright of the publishers and may not be copied, duplicated, screen-grabbed, borrowed, hired, lent, linked to (via hyperlink), distributed, broadcast or used in any way, without express written permission. All Rights Reserved. 5) All trademarks, logos and materials belonging to any third party (whether expressly specified or not) displayed on this site, shall remain the property and copyright of the respective owning entity.
Disclaimer
The information provided on this Website is intended for general guidance only. Users of the information contained on this website must make their own assessment of the suitability and appropriateness of the information described for their particular use and conditions. To the maximum extent permitted by law:
All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this website or the content on, or accessed through, it; and
You use this site at your own risk. In no event shall the publishers be liable for any damage or loss, arising out of your use or inability to use this website, or anything contained within it.
If you need any assistance, or would like clarification on any of the above, please contact us.