RENTAL POLICY & CANCELLATION INFORMATION
When you rent from us, we will:
• Review the e-bike and its features with you.
• Provide you with a helmet and lock.
• Provide a short skills test and watch you ride the bike. If we think that you may not have the necessary skills to ride the bike, we have the right to refund your money and cancel the rental.
• Provide you with a list and map of suggested rides.
• Cover the terms and conditions of your rental with you.
Your safety is most important to us.
In order to rent our e-Bikes, you MUST be at least 18 years old with a government-issued ID, cell phone number, email address, and a major credit card. Riders between the ages of 16 and 18 must also have a valid government-issued ID and must be accompanied and signed for by a parent renter. There is a 275 lb. weight limit for the e-Bikes.
• A driver’s license and a credit card are required.
• Riders must approve our Liability Waiver.
• E-bike rentals may be canceled due to rain / wet trails – full rental credit for weather-related cancellations will be issued.
Cancellations: All reservations must be canceled 24 hours prior to the scheduled date of the e-bike pick up. All reservations are subject to a 10% non-refundable cancellation fee even if the reservation is canceled prior to the cancellation policy expiration. Reservations canceled prior to 24 hours before the start date will be refunded in full minus a 10% non-refundable cancellation fee, refunds will go to the cards they were charged to.
No Call/No Show: Failure to pick up your bike will result in 100% forfeiture of payment.
Early Returns: There are no refunds once the bike is picked up and paid for.
Late Arrivals: Late arrivals will be charged the full amount. Always be sure to double check your pick-up date and time!
Late Returns: Bikes must be returned no later than closing time on the due date or be subject to an additional one-day charge and After Hours processing costs, if applicable.
Rental Day: A rental day is from Open to Close (not 24 Hours).
Credit Card and Driver’s License/ Passport/ Government issued ID are required for all rentals.
Prices do not include sales tax. Your bike may become unavailable due to circumstances out of our control. You will receive a full refund and be notified via email.
During the rental, the rider is required to comply with the rules of the US Highway Code. Ojai Electric Bikes rejects any liability for improper use of the bike or for the rider’s failure to comply with the regulations of the US Highway Code. The renter will be instructed on legal paths to take with the e-Bikes and the Ojai Valley Bike Path route is also available at www.ojaielectricbikes.com. Failure to comply with these rules could result in the issuance of a ticket by the authorities. The renter will be responsible for the payment of this ticket.
Ojai Electric Bikes can refuse to rent to people under the influence of alcohol or drugs or for any other reason the company deems suitable, in its sole discretion.
In the event of loss of helmet, lock, bag or any accessories of the vehicle or damages, the renter, will pay the necessary amount to restore the vehicle to its original condition or replace keys or accessories, as applicable, according to the estimate of Ojai Electric Bikes. In case of theft or total loss of a bike, the renter will be charged the cost of the e-bike or item they have damaged – Note: E-bikes range from $2,000-$5,000 at Ojai Electric Bikes.
The e-bike must be returned within the time slot indicated in this contract to the same place where it was delivered or an agreed-upon location. The e-bike will be considered returned only when it is returned to a representative of Ojai Electric Bikes in person. Failure to return the bike without prior notice or without proven exceptional circumstances will be considered an act of theft and the renter will be reported to the police.
Each bike is equipped with a lock. If the renter decides to park the bike in any location the lock must be used to secure the bike. In the event of theft of the bike, the renter must file a report to the authorities and provide Ojai Electric Bikes with a copy of the theft report. The renter will be billed the agreed amount as compensation for the stolen bike (Note: E-bikes range from $2,000-$5,000 at Ojai Electric Bikes). If the bike is found, fully recovered in the same condition it left the shop, the sum will be returned to the renter.
All riders must wear the proper safety equipment, including the supplied helmet. Gloves are recommended but not required.
All riders must be age 18 years or older. Those riders between the ages of 16-18 must be accompanied and signed for by a parent.
TERMS OF WAIVER RELEASE FORM
This E-Bicycle Rental, Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement (“Agreement”) contains the Terms and Conditions for your electric bicycle rental. This Agreement is between the bicycle renter (“Renter”) and Ojai Electric Bikes LLC (“Ojai Electric Bikes”) and covers the rental of the electric bicycle and any related equipment and accessories such as tires, lights, rack, lock, helmet, safety gear, and related miscellaneous gear (“Bicycle”).
Rental Fees: From the time identified on this Agreement until the Bicycle is returned Renter agrees to pay the hourly, daily, or multi-day rates as agreed upon reservation. Renter agrees to pay all charges for miscellaneous service and all sales, use, rental, and excise taxes including any applicable tax-related surcharges. Renter also agrees to pay a reasonable fee for cleaning the Bicycle if the Bicycle is returned with excessive stains, dirt, or debris attributable to Renter’s use.
If your plans change prior to 48 hours, no problem! Your reservation can be rescheduled, subject to availability, or we can issue you a refund.
Reservations made within 24 hours of a scheduled event are final and cannot be changed. In addition, no-shows and non-canceled rentals will be charged for the reservation in full.
If your reservation is canceled less than 24 hours before your reservation, the cancellation fee is the price of the reservation.
Please note that all cancellations must be received via email or phone and confirmed by Ojai Electric Bikes via email.
Credit Reserve and Payment by credit card only: Renter understands that Renter must pay in full an amount (to be used against the final bill) equal to the estimated total charge for the Bicycle rental at the rates indicated on the website and confirmed over the phone and via email. Ojai Electric Bikes only accepts payment by credit card. Renter authorizes Ojai Electric Bikes to charge Renter’s credit card any amounts due from Renter as a result of the Bicycle rental.
Charges for loss and/or damage to the Bicycle:
Renter understands that all charges are not final and are subject to an audit of the returned bicycle. Renter specifically agrees and authorizes Ojai Electric Bikes to make any charges by credit card if there is damage beyond normal wear and tear.
Renter agrees to return the Bicycle to Ojai Electric Bikes in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by Ojai Electric Bikes. Renter agrees to return the Bicycle sooner if so, demanded by Ojai Electric Bikes. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.
Prohibited Use of the Bicycle:
Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race, or contest, or to be ridden on sand or in water, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for any illegal purpose. A violation of this paragraph automatically terminates the rental and makes Renter liable to Ojai Electric Bikes for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Damage to Bicycle:
Renter shall pay Ojai Electric Bikes for all losses and/or damage to the Bicycle, including theft or vandalism, regardless of fault. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value. If the Bicycle is damaged beyond reasonable repair (as determined by Ojai Electric Bikes), the renter shall be responsible for the full amount of the bike ($1,599 up to $4,999), with the value dependent upon the model being rented. In addition, Renter shall also be responsible for the loss of use, administrative fees, as determined by Ojai Electric Bikes or specified by law, plus any towing, pick-up, and/or storage charges. In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (1) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) rides recklessly; (3) rides while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and Ojai Electric Bikes; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for any illegal purpose; or uses the Bicycle on a surface that may cause damage to the components. Renter authorizes Ojai Electric Bikes to collect from a responsible third party any applicable loss and/or damage. In the event Ojai Electric Bikes obtains a recovery from a third party after Renter has paid Ojai Electric Bikes for all or part of any loss, Ojai Electric Bikes will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection costs, administrative costs, and attorney’s fees.
Accidents-Third Party Claims:
Ojai Electric Bikes is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle, or personal property of another. Renter agrees to indemnify and defend Ojai Electric Bikes and pay any claim brought by a third party arising out of Renter’s use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter’s use of the Bicycle.
Statement of Physical and Mental Fitness, Insurance, And Bike Safety:
a. I understand that biking requires certain physical strength and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
b. I am in sound physical and mental condition and am able to ride a Bicycle. I can make informed, objective decisions. I currently have no known physical, medical, or mental condition which would impair my ability to ride a Bicycle, or else I understand I assume all risks that may be created, directly or indirectly, by any such condition.
c. I am completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the Bicycle or else I understand I must solely bear the costs of such injury or damage and all related costs.
d. I acknowledge that I have been advised to wear an approved helmet and reflective or white clothing and a light if biking after sundown. I am aware that electric biking is subject to all applicable municipal and provincial highway traffic regulations. I am familiar with the proper use of the Bicycle. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Bicycle.
Renter Assumes Risk of Injury:
Renter assumes all risks, including death or serious bodily injury, which may result from the operation of the Bicycle, weather, altitude, accidents, etc. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles, or other objects, hitting potholes or debris, or suffering the sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, Bicycle malfunctions, and hazards relating to weather or road conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold Ojai Electric Bikes harmless from all claims of injury or damage. Therefore, in consideration of the opportunity to rent a Bicycle from Ojai Electric Bikes, to the fullest extent permitted by law, I assume all risks of injury, death, loss, or damage in any way resulting from my involvement with Ojai Electric Bikes. This assumption of risk includes any injury, death, loss, damage, or expense resulting from the negligence of Ojai Electric Bikes or its officers, employees, and agents.
Property left on Bicycle:
Ojai Electric Bikes is not responsible for personal property left on the Bicycle. Renter agrees to indemnify Ojai Electric Bikes in this regard. Release Of Liability, Waiver Of Claims And Indemnity Agreement: Understanding the risks described in this Agreement, to the fullest extent permitted by law, I, for myself, all of my family, including my spouse, minor children, and heirs and representatives, release and indemnify Ojai Electric Bikes, its owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, and all other persons or entities acting in any capacity on Ojai Electric Bikes’ behalf from any and all claims (INCLUDING CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF Ojai Electric Bikes), demands for loss, damages, injuries, or any other causes of action relating in any way to my Bicycle rental AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE OJAI ELECTRIC BIKES OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM OJAI ELECTRIC BIKES’ NEGLIGENCE.
If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against Ojai Electric Bikes, I agree to indemnify Ojai Electric Bikes and pay all damages, costs, fees, expenses, and attorney’s fees incurred by Ojai Electric Bikes in defending such a lawsuit or such claims. In no event will Ojai Electric Bikes’ liability to a Renter be greater than the amount of the fees paid by the Renter to Ojai Electric Bikes for Bicycle rental, even if the amount of damages suffered by the participant customer may be greater than this amount. Furthermore, in no event will Ojai Electric Bikes be liable for any indirect, special, implied, incidental, consequential, or other damages, however, caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
EXCEPTIONS/EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PARTICIPANTS.
Dispute Resolution, Arbitration, and Governing Law:
Except where prohibited, any dispute arising out of or relating to this Agreement shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. The prevailing party shall be entitled to recover attorney fees and costs. You may not commence against Ojai Electric Bikes or its affiliates any class action, class arbitration, or other representative action or proceeding. By participating in Ojai Electric Bikes, except where prohibited, you agree to this mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and OJAI ELECTRIC BIKES or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Ojai Electric Bikes may be commenced only in the federal or state courts located in Ventura County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes, and you irrevocably waive any right to a trial by jury. This Agreement, and any dispute between you and Ojai Electric Bikes, shall be governed by the laws of the state of California without regard to principles of conflicts of law provided this arbitration agreement shall be governed by the Federal Arbitration Act.
BY RENTING AN EBIKE FROM OJAI ELECTRIC BIKES, I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS LISTED ABOVE OF OJAI ELECTRIC BIKES, LLC