Updated March 2019

BIKE RENTAL AGREEMENT

IMPORTANT - READ THIS CAREFULLY BEFORE AGREEING TO RENT A BIKE.

For the purposes of this Agreement, (a) a “Bike” is any type of bicycle made available through VeloGuide.com, and any affiliated website owned and operated by VeloGuide Inc. (the “Site”); (b) the “Renter” is the person renting the Bike and any other equipment using an account created on the Site), and the “Bike Lister” is the owner or authorized agent for the Bike made available for rent via the Site. This Bide Rental Agreement (“Agreement”) is a binding agreement between Renter and Bike Lister. VeloGuide, Inc. (“VeloGuide”) is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement. Bike Lister enters into this Agreement and allows Renter to rent and use the Bike, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Bike, Renter acknowledges that • he or she has read and understood this Agreement; • he or she agrees to be bound by all of the terms of this Agreement; • he or she is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use; and • if Renter is not properly qualified with respect to operating a bicycle, as applicable, Renter is hereby advised to seek assistance of a qualified technician with proper evaluation, adjustment and tuning of equipment.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE BIKE OR ANY OTHER EQUIPMENT.

This Agreement is effective on the date Renter agrees to the terms and conditions as provided herein (“Effective Date”). Renter and Lister agree as follows:

1. RENTAL

1.1 Agreement to Rent. By accepting this Agreement, Bike Lister agrees to rent the Bike to Renter, and Renter agrees to rent the Bike from Bike Lister, on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”). 


1.2 Condition of Bike. By making the Bike available for rent hereunder, and agreeing to the terms of this Agreement, Bike Lister represents and warrants that (a) he or she is the sole owner of the Bike, or that he or she has full agency or other authority to enter into this Agreement and to rent the Bike to Renter; (b) the Bike has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Bike is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Bike during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices. 


1.3 Refunds and Cancellations. All Rentals are subject to our Cancellation Policy, which is set forth as Exhibit A below and additionally at https://www.veloguide.com/cancellation_policy 


1.4 VeloGuide Guarantee. VeloGuide provides a limited guarantee to Bike Listers for Rentals (defined below and additionally at https://www.veloguide.com/guarantee) of up to US$5,000 for bicycles, subject to requirements set forth on the Site (the “VeloGuide Guarantee”). Lister understands that the VeloGuide Guarantee is limited to loss or damage to the Bike during the scheduled Rental period, and does not cover ordinary wear and tear, any repairs paid for by the Renter, or any loss or damage occurring prior to or after conclusion of the scheduled Rental period. “Wear and Tear” includes all cosmetic damage, including scratches and is further defined in Exhibit B below. The VeloGuide Guarantee covers only damage that compromises the functionality or safety of the Bike. Furthermore, the guarantee does not cover theft or any other property damage, injuries, loss of use or incidental, special or punitive damages - such damages may only be recovered from a Renter. Furthermore, Bike Lister acknowledges and agrees that the VeloGuide Guarantee is only available if accurate and current photographs and description of the Bike have been included with the listing as described in Exhibit C prior to the Rental period, and to the extent such photographs and description are sufficient to establish the make, model, components and condition of the Bike and any accessories (if applicable). All claims under the VeloGuide Guarantee must be initiated within twenty-four (24) hours of return of the Bike; late claims will not be honored. Therefore, we strongly encourage all Bike Listers to examine their Bikes for safety and functionality as soon as possible following return. No exceptions to the 24-hour rule will be honored. All claims for damage must include photographic evidence of the claimed damage; however, VeloGuide reserves the option to require a physical inspection prior to making any payment under the VeloGuide Guarantee. For all claims, Bike Lister may be required to provide additional documentation, such as purchase receipts for the Bike and any components, maintenance records, and such other documents as VeloGuide may request in its reasonable discretion. If Bike Lister is entitled to coverage under the VeloGuide Guarantee where the repair cost would exceed the replacement value of the Bike, VeloGuide will make commercially reasonable efforts to provide the Bike Lister with a Bike that is of a similar make, model and year, and with similar components and other aftermarket parts. If the Bike or components are not reasonably available at standard retail prices VeloGuide reserves the right to provide a Bike of equal quality and/or value. In order to determine the value of the Bike and/or components in question, VeloGuide will use market indicators to determine the fair market value. These values are determined by year, condition, and overall value and may use the following sources: product manufacturers websites, our network of industry partners and bicycle shops, e-commerce websites such as the Bicycle Blue Book, Craigslist, Ebay and other reliable sources to be used at VeloGuide's discretion. VeloGuide may use other relevant factors in its reasonable discretion. In the case of damage, the repair cost of the Bike shall be in VeloGuide’s reasonable discretion, in consultation with professional repair personnel knowledgeable in the appropriate field, and shall account for any salvage value of the Bike, if applicable. Bike Lister will be entitled to select a preferred repair shop, but any costs in excess of VeloGuide’s estimated repair cost shall be Bike Lister’s sole responsibility. The VeloGuide Guarantee only provides coverage for Bikes rented through the VeloGuide platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsible of the Renter or the Bike Lister, as applicable. When you file a damage claim, VeloGuide determines, in its sole discretion, whether your claim qualifies for coverage under our VeloGuide Guarantee. VeloGuide’s original determination is considered final, but you may be able to file an appeal of the decision with VeloGuide if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process. 


1.5 Bike Lister Obligations. If there is damage to a Bike during a Rental, the Bike Lister must notify VeloGuide within twenty-four (24) hours of completion of the Rental Period or prior to any subsequent rental, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental. Bike Lister shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc. RENTER OBLIGATIONS 


1.6 Usage. No other person may drive or otherwise operate the Bike except Renter. Renter is prohibited from carrying any passengers on the Bike at any time (except on cargo bikes and tandems). Renter may not add any kind of seat or modification to allow someone to ride on the rear fender of a rented bicycle, and no one may ride on the handlebars of a rented bicycle at any time. Renter is prohibited from pulling or towing any passenger or object with the Bike at any time (except for bike trailers, when authorized by the Bike Lister). Renter is also responsible for making proper adjustments to the Bike and associated equipment, if any, to match Renter’s height, weight and skill level. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against Bike Lister and VeloGuide with respect to the proper adjustment helmets, pedals, seat posts and other equipment. Renter must follow all laws, rules and regulations, as well as posted signs and warnings. Renter should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect the safe operation of the Bike. Renter is responsible for securing the Bike at all times, including the use of theft prevention devices, where appropriate, and only storing the Bike in an enclosed area at night. Renter is also responsible for any injuries to themselves or other people, or damage to the Bike or any other property during the Rental Period. 


1.7 Return. Renter agrees to return the Bike to Bike Lister in the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the Bike to the user’s height, weight and skill level, on the due date and time and at the location specified by Bike Lister at time of rental. Renter understands that there will be additional charges if the Bike is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental. If Renter fails to return the Bike at the agreed date, time and location, and has not agreed with Bike Lister or VeloGuide on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Renter fails to return the Bike at the rescheduled time and place, then (a) VeloGuide shall determine that Renter does not intend to return the Bike; (b) VeloGuide will charge Renter’s payment method for the full retail value of the Bike, along with any other fees due to VeloGuide; (c) VeloGuide or Bike Lister may lawfully repossess the Bike; and (d) VeloGuide and Bike Lister may exercise any other rights or remedies, and take any other necessary measures, to repossess the Bike and/or collect the full amount owed by Renter hereunder. If Bike Lister fails to appear at the scheduled time and place for return of the Bike, Renter remains responsible for the safe-keeping of the Bike. In such event Renter should contact VeloGuide to try to arrange alternate means of return of the Bike, which may be through a bike shop or other public facility at VeloGuide’s direction. Bike Lister shall be responsible for any fees incurred by VeloGuide in connection with such alternate return method, and understands and acknowledges that, if such fees exceed the amount of the rental fee due Bike Lister, or any other credit amounts in Bike Lister’s account, then the Bike will not be released to Bike Lister until payment arrangements are satisfactory to VeloGuide have been made. VeloGuide shall not be responsible for any delay or loss of use of the Bike due to Bike Lister’s failure to appear as scheduled or to make alternate payment and return arrangements. 


1.8 Repossession. Bike Lister may repossess the Bike at any time if: (a) the Bike is used in violation of law; (b) it appears the Bike is abandoned, (c) the Bike is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to Bike Lister or (e) Renter fails to return the Bike when due. Bike Lister is not required to notify Renter in advance of repossession. 


1.9 Prohibited Use. Use of the Bike is restricted to the general geographical area agreed upon by Renter and Bike Lister. Renter will not operate Bike outside of this area and will not remove Bike from this area. Renter agrees not to use or permit the Bike to be used for hire or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bike to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Bike Lister for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. Bikes may not be stored outside overnight, with or without theft prevention devices. Bikes stored outside at night are not covered by the VeloGuide Guarantee. Bike Lister may not approve overnight storage, and Renters are advised that any approval or direction by Bike Lister will not relieve Renter of potential liability. 


1.10 Responsible Consumption. Renter covenants and agrees not to operate the Bike while impaired due to consumption of alcohol or any other controlled substance. In the event that alcohol is offered for consumption in the course of the delivery of services hereunder, Renter covenants and agrees not to consume alcohol in quantities that will lead to Renter’s impairment or inability to operate the Bike safely. 


1.11 Damage to Bike. Renter shall pay Bike Lister for all losses and/or damage to the Bike, except for ordinary wear and tear that does not impact the usability of the Bike or significantly impact the resale value of the Bike, regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the Bike shall be made by VeloGuide in its sole discretion. Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Bike, including any instructions or security devices provided by Bike Lister. If the Bike is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the Bike is damaged beyond reasonable repair (as determined by Lister), Renter shall be responsible for the retail fair market value of the Bike, less any salvage value if applicable. In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, reasonable administrative fee as determined by Bike Lister or specified by law, plus any towing, pick-up and/or storage charges. Neither VeloGuide nor the Renter will provide extra compensation for income lost due to damage or theft. 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: (a) abuses the Bike or uses or operates the Bike other than as specified in this Agreement; (b) drives or uses the Bike recklessly; (c) drives or uses the Bike while impaired due to the ingestion of alcohol or a controlled substance; (d) fails to promptly report an accident to the police and Lister; (e) fails to complete an accident report; (f) obtains the Bike through fraud or misrepresentation; or (g) uses the Bike for an illegal purpose. Renter authorizes Bike Lister to collect from a responsible third party any applicable loss and/or damage. In the event Bike Lister obtains a recovery from a third party after Renter has paid Lister for all or part of any loss, Bike Lister will refund to Renter any excess above the amount of the loss plus administrative fees and other collection costs and attorneys' fees incurred. 


1.12 Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Bike. Renter specifically agrees and authorizes VeloGuide to apply any charges to the method of payment used by Renter at the time of rental. 


1.13 Booking and Payment. Renter authorizes VeloGuide to charge the amounts due as a result of the Booking Rental process to Renter’s credit card. Charges for upcoming rentals will be processed at the time of the booking. VeloGuide may cause an additional charge authorization to be processed against Renter’s credit card or other payment method as a security deposit, which will be credited back to Renter’s payment method upon satisfactory return of the Bike without damage or delay. VeloGuide is also authorized to make additional charges to Renter’s credit card related to late return fees, Bikes that are lost or damaged during the Rental Period. 


1.14 Repairs. If Renter experiences any malfunctions with the Bike during the Rental period, Renter should immediately notify VeloGuide and Bike Lister to obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Bike. Renter understands that Bike Lister will not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the Bike will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter. Bike Lister shall be responsible for returning the Bike to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. If a malfunction compromises the safety or usability of a Bike during a Rental, the Renter should contact the Bike Lister immediately and arrange for return of the Bike to the Bike Lister. In such an event, the cost for any remaining days of the Rental would be refunded to the Renter. 


1.15 Ownership. The Bike, at all times, remains the exclusive property of the Bike Lister. Renter is responsible for damage to or loss of Bike. If the Bike is lost, destroyed or damaged beyond repair in the judgment of Bike Lister, Renter agrees to pay Bike Lister the value of Bike.

2. RISK AND LIABILITY TERMS

2.1 Acknowledgement of Risks. Renter understands and acknowledge that the Bike is provided “as is” and without warranties. Renter further understands and acknowledges that bicycling is a hazardous activity that entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks cannot be eliminated by Bike Lister without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration). Renter acknowledges all the risks of operating a Bike on streets, roads, ungroomed trails, bike paths, bike lanes, in traffic and any other environment where the Bike might be used, including but not limited to the risks of serious bodily injury or death from falling off the Bike, colliding with other bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing, or other mechanical failure, and hazards relating to terrain and weather conditions. Renter understands that protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident. 


2.2 Assumption of Risk. RENTERS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE BIKE, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF THE BIKE OR POSSESSION OF THE RIDE EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF LISTER, VELOGUIDE, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS BIKE AND RENTER AGREES TO HOLD LISTER AND VELOGUIDE HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE. 


2.3 Waiver and Release. In consideration of Bike Lister renting the Bike, Renter specifically releases and forever discharges Bike Lister, VeloGuide, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this Bike and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Bike Lister, VeloGuide, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Bike Lister and VeloGuide and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Bike Lister or VeloGuide or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Bike or participating in bicycling, or any other activity associated with the Bike, Renter will have no right to make a claim or file a lawsuit against Bike Lister, VeloGuide or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage. 


2.4 Indemnification. Renter agrees to indemnify and hold harmless Bike Lister and VeloGuide and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the Bike, including the possession, use, operation, or return of the Bike, and including any such claims which allege negligent acts or omissions on the part of Bike Lister or VeloGuide. Should Bike Lister, VeloGuide or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.

3. Third Party Claims. Neither Bike Lister not VeloGuide shall be responsible if Renter causes injury to another person or if Renter damages another bicycle, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold Bike Lister and VeloGuide harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Renter’s use of the Bike and for any liability associated with any personal accident/injury as a result of Renter’s use of the Ride starting off from the rental period.

3.1 Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that Bike Lister and/or VeloGuide may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Bike. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder. 


3.2 Physical Condition. Renter understands the he or she should be in good physical health to participate in bicycling. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.

4. GENERAL PROVISIONS

4.1 No Warranty. THE BIKE IS PROVIDED TO RENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIKE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BIKE LISTER DOES NOT WARRANT THAT THE BIKE OR ANY RENTAL WILL MEET RENTER’S REQUIREMENTS. 


4.2 Limitation of Liability. (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIKE LISTER OR VELOGUIDE, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM ANY RENTAL OR THE USE OF, OR INABILITY TO USE, THE BIKE. (b) IF BIKE LISTER OR VELOGUIDE, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS ARE FOUND TO BE LIABLE, SUCH LIABILITY TO RENTER OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER AND (B) $100. (c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VELOGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 


4.3 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Bike Lister or Renter. 


4.4 Third Party Beneficiary. VeloGuide shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to VeloGuide herein. 


4.5 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Renter and Lister that arises in whole or in part from the rental of the Ride shall be decided exclusively by a court of competent jurisdiction closest to Lister’s residence. 


4.6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. 


4.7 Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Renter and Bike Lister concerning the rental of the Bike. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 


Exhibit A VeloGuide Tour and Bike Rental Cancellation Policies All Rentals are subject to our Cancellation Policy, which is set forth as below and additionally at https://www.veloguide.com/cancellation_policy

Tour and Bike Rental Cancellation Policy for Guests

A VeloGuide Tour or Bike Rental is fully refundable if you cancel within 24 hours of booking it. You’re also eligible for a full refund if you cancel more than 30 days before the Tour or Bike Rental is scheduled to start. If upon delivery of the Bike or, within the first twenty-four (24) hours of the Bike Rental Period, the Renter reasonably determines that the Bike does not materially conform to the Bike Lister’s description of the Bike, then the Renter may notify VeloGuide of the problems and request a refund. Further, if the Bike Lister does not deliver the Bike at the place and time agreed, then the Renter shall be entitled to a full refund (including VeloGuide fees). If a Bike Rental must be canceled during the Bike Rental Period due to a mechanical failure, the Renter will be eligible for a full refund, if the cancellation takes place on the first day of the Rental Period. Otherwise, any refunds shall be calculated on a pro rata basis based on the number of days elapsed compared to the total number of days in the Bike Rental Period.

Tour Cancellation Policy for Guides

As a VeloGuide, we understand there may be instances where you need to cancel a booked Tour. To cancel a booked VeloGuide Tour, please email VeloGuide admin at [email protected] as soon as possible and we will assist you. You should also discuss the need to cancel with the Guest through our website message board. You may be able to work out an alternate time or date for the tour booking. Re-booking on a different date or time If you arrange an alternative time that you both agree to, have the Guest propose the new time within the Tour booking page and continue with the booking process. Contact us if any issues arise, we’ll verify that your Guest has agreed, and remove any penalty that may have been applied. Cancellations can have serious implications on a guest's travel plans, therefore there are penalties that may be applied for a Guide’s cancellation of a booked tour. Frequent cancellations, or no-shows, are a violation of our Terms of Use and may result in removal or temporary disabling of the Guide Profile on VeloGuide.

Bike Rental Cancellation Policy for Bike Listers

Cancellations can have serious impacts on a Renter's plans, therefore there are penalties that may be applied for a Bike Lister’s cancellation of a booked Bike Rental. We do understand that issues arise that are outside of your control. Please review the cancellation policies below, and email [email protected] if you feel you have a valid reason for not fulfilling the Bike Rental Agreement.

Peer-to-peer Reviews

All parties should be aware that Guides, Guests, Renters, and Bike Listers are entitled to post reviews on the Site with respect to cancelled Rentals or Tours.

Weather Cancellations

If weather creates a safety concern or an unsafe environment, either before or during the VeloGuide Tour, the Guide may cancel the tour without penalty. The Guest will be fully refunded, if this happens. Natural disasters that prevent the Guest from traveling to or from a destination will result in a full refund for a Guest. Examples include: Severe storms Earthquakes Flooding Tornados Tsunamis Wildfires Blizzards or severe winter storms Endemic disease or illness that suddenly affects a region or an entire group of people. This doesn’t include existing diseases that are associated with an area. We may reach out for documentation to verify weather-related claims.

Cancellations due to an emergency or safety issue

We understand that emergencies happen. No penalties will be applied for valid cancellations with documented reasons, or for cancellations made for valid safety reasons. We may ask you to provide documentation for a cancellation due to an emergency.

Cancellations due to extenuating circumstances

If you need to cancel a VeloGuide Tour or Bike Rental because of an unexpected circumstance that’s out of your control, we might be able to give you a refund or waive any penalties for cancelling. Before you cancel, please check that your circumstance is included in the list below and that you have the required documents.

Circumstances that require documentation

Death of a Guide, Guest, or an immediate family member. You’ll be asked to provide one of these documents: Death certificate Obituary News article naming the deceased Serious illness of a Guide, Guest, or any member of the traveling party. You’ll be asked to provide a general statement from a physician confirming that the person can't travel, safely guide the VeloGuide Tour, or be present to complete the Bike Rental. The statement must be dated after the Tour or Bike Rental was booked. Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You'll be asked to provide a copy of the official notice dated after the Tour or Bike Rental was booked, including the name of the person fulfilling the obligation. Airport and road closures that make it impossible to travel to your destination. This includes closures caused by natural disasters like earthquakes or severe storms. You’ll be asked to provide a notice of the road closure, or notice of the airport closure and proof that the flight was canceled.

Circumstances that require VeloGuide review

here’s no required documentation for these circumstances, but our Admin Team at VeloGuide will review each case to confirm that you’re directly affected. Severe security advisories for political or civil unrest in the area that the guest is traveling from, traveling to, or that the booked VeloGuide Tour or Bike Rental is located in. Examples include: Violence Heightened military presence Severe damage to the area’s infrastructure Changes to visa or passport requirements that make it impossible to travel to the destination. This doesn’t include lost or expired travel documents. Next Steps If you’ve confirmed your circumstance meets the requirements above, first cancel your VeloGuide Tour or Bike Rental and then contact us to file a claim. We’ll walk you through the process, which will include submitting any required documentation and waiting for our team to review your case. Claims must be submitted within 14 days of the unexpected circumstance. 


Exhibit B Definition of “Wear and Tear” “Wear and Tear” includes all cosmetic damage, including scratches that do not affect the integrity or functionality of the bicycle. The determination of "Wear and Tear" shall be made by VeloGuide in its sole discretion Examples of “Wear and Tear” include: * Cosmetic damage to frame (Paint chips, light scratches, dents less than ½” in diameter) * Cosmetic damage to bicycle components (Scratches to grips, seat, derailleur, pedals,etc.) * Cosmetic damage to bicycle accessories explicitly included in the rental description (Scratches to lights, saddle bags, bells, etc.) * Wear to consumable items on the bike (Brake pads, tire treads, bicycle chain, wheel true, shifting alignment) Examples of Damage as opposed to “Wear and Tear” for clarity: * Penetration or cracks in bicycle frame * Deep scratches in frame or components (5mm depth) * Tears in bicycle seats or grips * Bent wheels * Bent derailleur arm 


Exhibit C Bike Listing Guidelines for VeloGuide Guarantee eligibility * Bike photographs shall be accurate and current. High-resolution images are preferred. * Bike Listing shall have multiple photographs of the Bike. Include pictures of the individual components of the Bike - rear wheel, front wheel, derailleur, suspension fork, bars, etc. * Description shall include all details of the model, year, and the make of the Bike. * All descriptive details such as bike type, frame size, rider height, extras, etc. shall be filled out. * All accessories, add-ons, upgrades shall be explicitly stated in the description to be eligible for coverage. * Bike Rental pricing shall follow appropriate market price compared to the value of the Bike. For example, a $5,000 road bike shall not be rented out for $10.00 per day. * Note: For high value Bikes, we recommend you contact customer service before listing to ensure your Bike will be covered by the guarantee. * VeloGuide will make a final decision on your claim, in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online dispute resolution process or any other information VeloGuide deems relevant and appropriate under the circumstances.