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 E-
BIKE TRAIL BLAZERS 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
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.
1.5 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
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
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.
3.1 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
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
3.4 E-BIKE TRAIL BLAZERS shall, upon return of the E-Bike and Accessories, inspect the
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
4.1.1 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
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
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
4.1.5Take all necessary steps to protect the E-Bike against theft, loss, or any damage
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
5.1 The E-Bike and Accessories shall be solely responsible for them from collection to
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.
7.1 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.
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.
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
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