Terms and Conditions

Wadjemup Trading Pty Ltd atf The Wadjemup Unit Trust t/a Rottnest Express and/or its owners or operators do not accept any responsibility (whether in tort contract or otherwise howsoever) for the loss of or damage to or mis-delivery or failure to deliver or delay in delivery of any article of luggage or cargo (including bicycle) loaded carried or discharged or for any injury or death of any of its passengers whether during embarkation carriage or disembarkment and whether caused by the negligence or otherwise howsoever of any of its servants or agents and liability for all claims or demands whatsoever in respect thereof arising from any cause whatsoever in respect of all losses or injuries howsoever caused is hereby excluded. The owners and/ or operators reserve the right to alter schedules, prices and substitute one vessel with another if considered necessary.

Under the Rottnest Island Authority Act 1987 – Everyone entering the Rottnest Island Reserve, including the marine reserve, is required to pay an admission fee as a contribution to the conservation of the Island and the provision and upkeep of facilities. Visitors arriving by ferry pay this fee as part of their fare. For more information visit: www.rottnestisland.com

Important — please read and take note

Upon arrival at Rottnest Island, your bike labelled with your surname, will be unloaded from the Ferry onto the jetty. Please collect your bike from the boat crew upon disembarking.

Bond

We require a bond for all equipment hired. It is a condition of hire that the Bond be in the form of a valid credit card authorization that will only be processed in the event of the equipment hired being lost, stolen or damaged.

Equipment return

Please return all your hired equipment complete with your paper work to your ferry crew. Subject to the conditions of this agreement your credit card preauthorization will be destroyed.

Lost, stolen or damaged equipment

The Hirer acknowledges if the equipment is lost, stolen or damaged the Hirer will be liable for the full replacement cost or repair of the equipment and authorizes the Hire Operator to debit this amount to the pre authorized credit card nominated for bond.

Schedule of Costs
Loss of padlock/chain/key	$8
Loss of helmet	$30
Buckled rim	$30
Lost / Stolen bike	$250
Damage to snorkelling set	$25
Excessive wear on tyres	$15
Bent forks	$40
Frame damage	$250
Loss of Snorkelling set	$55

Warning

The activities of cycling and snorkeling have some elements of danger. Injury is possible. Please use the equipment with care and responsibility. In the case of cycling wearing a correctly fitted helmet is compulsory.

Need help with your equipment?

Please see our friendly ferry crew for assistance or phone our office on 1300 467 688 (GO ROTTO)

CONDITIONS OF HIRE

1. The Hirer shall:

a) pay all charges set out in this agreement and all other expenses levied or made pursuant to the terms and conditions hereof.

b) Not allow any other person to operate the equipment or have control of the same

c) When operating the equipment comply with the provisions of any applicable legislation namely in respect to the hiring of bikes the Road Traffic Act 1974-1982 and its amendments (“the Act”) and regulations made under the provisions of the act and shall only operate the equipment on sealed roads and cycle paths.

d) Not damage the equipment and shall pay the Hire Operator on demand, the cost of repair, or replacement for any damage or loss however caused to the equipment.

e) Indemnify the Hire Operator against any claims and costs whatsoever, arising out of the use, operation, or keeping of the equipment or in any matter relating thereto.

2. The Hirer declares and acknowledges that he/she hires the equipment at their own risk.

3. The Hirer shall provide the Hire Operator with a security bond in the form of a credit card authority as detailed on the front of this agreement as a condition precedent to hiring the equipment.

4. The Hirer agrees that the Hire Operator accepts no responsibility for damage including any bodily injury, death or any property damage or losses of any nature sustained by the Hirer or any other person whatsoever arising out of or incidental to the hiring of the equipment or anything ancillary thereto and the Hirer and his executors and administrators expressly renounces all claims against the Hire Operator in respect thereof whether the same may be due to or alleged to be due to any negligence act or omission on the part of the Hire Operator or not.

5. The Hirer shall take the equipment in the condition in which it was at the commencement of the hire and the Hire Operator shall not be responsible for any defect in the equipment and does not warrant that the equipment is suitable for the particular, or any purpose for which it is or may be required. All conditions, warranties and representations whether expressed or implied in favour of the Hirer are herby excluded.

6. The Hirer shall return the equipment to the Hire Operator within the time frame stipulated in this agreement. Should the equipment not be returned within the stipulated time then the Hirer will be liable for any additional costs.

7. If the Hirer fails to return the equipment to the Hire Operator for whatever reason or the equipment is lost or stolen the Hire Operator reserves the right to charge the Hirer for the full replacement value of the equipment and the Hirer hereby authorizes the Hire Operator to debit the Hirers preauthorized credit card for the amounts nominated on the front page of this agreement.

8. The Hirer shall pay forthwith any fines imposed pursuant to the Act or the Regulations in respect of the equipment or the use of the equipment whilst in the control or custody of the Hirer or during the continuance of the term of the hire.

9. If the equipment breaks down during the term of the hire, the Hirer shall at their expense return the equipment to the Hire Operator and the Hire Operator shall not be responsible for any expenditure, damage, and/or loss incurred by the Hirer arising out of any breakdown of the equipment howsoever caused. The Hire Operator will use its best endeavours to replace the equipment with similar equipment if available.

10. The Hirer agrees that they will not use the bicycle after dark without the Hirer providing sufficient lighting as per the Act.

11. Bicycles and trailers to be locked at all times when not in use.

12. No children under the age of 12 months to ride in either the trailers or the baby seat for safety reasons.

13. The hire and use of adult tricycles is strictly for the elderly and disabled.

14. No credit or cash refund on early return of bicycles.

15. The Hirer is responsible for wearing clothing at all times that is suitable for riding a bicycle.

16. The Hirer should be a competent cyclist.

AS A CONDITION OF HIRE THE BOND MAY BE FORFEITED FOR BREACHES OF CONDITIONS OF HIRE INCLUDING:

1. Failure to comply with the provisions of the Western Australian Road Traffic Code.

2. Riding a bicycle while drinking or intoxicated.

3. Riding a bicycle with more than one person on a bicycle designed for only one person.

4. Riding through or into lakes and the sea. This also includes lake and sea shores.

5. Riding on jetties

6. Bike returned number does not match the bike number hired.

AS A CONDITION OF HIRE, THE HIRER WILL BE LIABLE FOR THE FULL REPLACEMENT VALUE OR REPAIR OF THE EQUIPMENT IF:

1. The Hirer fails to return the equipment

2. The equipment is lost or stolen

3. The equipment is damaged either maliciously or accidentally, including but not limited to buckled wheels, tyres skidded through, bent forks or frames, damaged gears and derailleurs.

Rottnest Express (which includes its Directors, employees, agents &/or contractors) will not be liable for:

a) any loss or damage suffered by the driver &/or owner of any motor vehicle &/or any other person including loss or damage to the motor vehicle (including without limitation, by delivery to some person not authorised to take delivery); and/or

b) any injury to or death of a person however caused and whether due to the state of the car park (including any fixtures or fittings) or any act or omission by or on behalf of Rottnest Express or by the negligence or otherwise of any person being with or without the authority of Rottnest Express.

The owner and the driver of any motor vehicle for themselves, and the driver as the agent of the owner for and on behalf of the owner (where the driver is not the owner) jointly and severally agrees that the motor vehicle is parked entirely at the owner’s &/or drivers sole risk as to all events and occurrences and to the full extent permitted by law the owner &/or driver releases Rottnest Express from all and any liability whatsoever nature and indemnifies Rottnest Express in respect of all and any liability of whatsoever nature and howsoever caused or arising and irrespective of any owner &/or driver omission or negligence by or on behalf of Rottnest Express and irrespective of whether any motor vehicle was being driven or not at any material time.

Without limiting the above Rottnest Express may deliver or allow removal of a motor vehicle to any person producing a ticket or other proof to the satisfaction of Rottnest Express and Rottnest Express may retain a motor vehicle until a person produces a ticket or other proof to the satisfaction of Rottnest Express.

1. Overview

1.1 Rottnest Express acknowledges it’s obligations in relation to privacy.

1.2 Rottnest Express stores information about individuals in a confidential way so that it cannot be accessed, stolen or disclosed to anyone unconnected with the Rottnest Express business.

1.3 Rottnest Express may change this policy from time to time. The changes will be published on Rottnest Express’s web site.

2. Collection of Information

2.1 Rottnest Express collects information by a number of methods including:

(a) the Internet;

(b) Telephone;

(c) Facsimile; and

(d) E-mail.

2.1 Rottnest Express occasionally conducts voluntary surveys to collect information about its Customers.

2.2 Customers may elect not to provide the information referred to in paragraph 2.1 and 2.2

2.3 Rottnest Express does not collect personal information about any person unless the information is necessary for its business.

2.4 Rottnest Express collects personal information only by lawful and fair means and all information provided to Rottnest Express is provided voluntarily.

2.5 Rottnest Express collects the name, address, contact details, age, and payment details of all of its Customers. Rottnest Express also keeps records of all of its commercial transactions with its Customers. This information is required for maintaining a database, being able to communicate with Customers and for the purpose of conducting commercial transactions with its Customers and linked service providers.

3.0 Access To Rottnest Express’s Information

3.1. All Customers are eligible to gain access to their personal information, by any of the following methods:

(a) by sending an email;

(b) by telephoning

(c) by facsimile;

(d) by sending a letter to the relevant address contained at paragraph 8.1.

3.2 Customers are eligible to view the information held by Rottnest Express and make representations and suggestions regarding the accuracy of that information.

3.3 Easily accessible personal information will be made available to you free of charge. Where you request details of your personal information and the information that you request is not easily accessible, we may charge a fee for the cost of accessing or retrieving that information. Note that we are not required to provide access to personal information in certain situations, but if we refuse access we will give you our reasons for doing so.

4.0 Disclosure of Information

4.1 Rottnest Express only provides information about its Members, to linked service providers for purposes connected to Rottnest Express’s business.

4.2 Rottnest Express will seek a Customers consent before it discloses any personal information about the Customer for purposes other than those expressed in clause 4.1.

5. Accuracy of Information

5.1 Rottnest Express will assume that all information that it collects about a Customer or potential Customer is accurate and up to date unless and until advised otherwise.

6. Do We Use Cookies

6.1 We use cookies in a limited manner when you visit our web site. Cookies are not used by us to collect and store your personal information.

6.2 A cookie is a small data file that is downloaded from our web site and stored on a text file on your hard drive. The information is made up of a string of letters and numbers which uniquely identifies your computer and any user name or password that you may have already registered on our web site.

6.3 If at any time you do not wish to accept cookies or wish to delete existing cookies, you may manually configure your browser to refuse cookies or may manually delete existing cookies from your hard drive. However by deleting or refusing to accept cookies you may frustrate or hinder your access to or use of areas of our web site.

7. Security of Your Personal Information

7.1 Rottnest Express takes reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. Once your personal information is no longer needed, we take reasonable steps to destroy or permanently ensure that it cannot be used to identify you.

7.2 E-mail and the Internet may not always be secure and it is possible that messages and information may not reach the intended recipient. Rottnest Express cannot be held responsible for the security or confidentiality of any information sent to us by e-mail or over the Internet.

8. How to Contact Rottnest Express

8.1 Telephone: 1300 GO ROTTO 1300 467688

E-mail: Rottnest Express at bookings@rottnestexpress.com.au

Terminal

Pier 2, Barrack Street Jetty, Perth - 15 minutes walk from Perth Train Station - 7.30am - 5.30pm

Victoria Quay, Fremantle - 5 minutes walk from Fremantle Train Station - 7.00am - 5.30pm

1 Emma Place, Rous Head, North Fremantle - 8.00am - 5.30pm