Terms and conditions
This agreement records the terms on which Ghidorah Group Limited, trading as, E-Scooter Tours New Zealand (“E-Scooter NZ” “we” or “us”) will lease/rent an e-scooter or any other equipment (collectively “Equipment”) to you and the terms on which E-Scooter NZ provides its tour (“Tour”), or any other services (collectively “the Services”), to you. Once signed by you, this agreement will be binding on you and any other person you authorise, or allow to use E-Scooter NZ’s Equipment as well.
You must complete our booking form including the following details:
What tours or other services you would like to receive; and
The dates you would like to participate in any tours or other services.
Your booking will be confirmed when:
We have notified you that we accept your booking and have received the due payment; and
You have taken the time to review our FAQ’s (frequently asked questions) and full terms and conditions, and accept them in their entirety.
You will pay all fees as recorded on our website or otherwise notified by us when you submit your completed booking form. Those rates may change from time to time. However, we will not alter those rates applicable to your rental once your booking has been confirmed.
You will pay the total fee prior to the start of a Tour with E-Scooter, or prior to hiring/leasing any of its Equipment.
All fees and other charges are inclusive of GST (Goods & Services Tax) and must be paid in New Zealand Dollars.
We accept payment by credit or debit card.
E-Scooter NZ accepts the following credit cards: Visa or Mastercard.
You agree that by signing this agreement and by providing a credit card for payment, all charges under this agreement (including any amounts payable under the “liability” and “insurance” sections) may be charged to that credit card.
Changing your booking and cancellation
If you wish to make any amendments to your booking once it has been confirmed and we agree to those amendments, the fees you will pay will be re-calculated at the rate applicable on the date of amendment.
If you wish to cancel your booking you must provide written notice to us. If you cancel your booking less than 12 hours before the booking, the total fee will be forfeited unless we can transfer your booking to another date (at our entire discretion).
We may cancel or reschedule your booking (including location) in the event of adverse weather conditions, mechanical failure, or in any other circumstances which prevent us from providing tours or other services to you. If we cancel or reschedule your booking in these circumstances:
Before the start of the tour and we cannot reschedule your booking to a different date or location, we will refund the fees paid by you; or
E-Scooter NZ may cancel your booking if-
You are or appear to be intoxicated, under the influence of drugs or for any other reason we consider you may be a hazard to yourself or anyone else;
Any mechanical failure is a result of misuse of the equipment, use of the equipment other than instructed by E-Scooter NZ, or deemed outside of “normal” operating procedures.
If we cancel your booking in these circumstances all fees paid will be forfeited.
Use of the equipment:
The e-scooter operator must be 15 years of age or older. Only one person is able to operate any of the e-scooters at any one time.
You, the e-scooter operator must:
Follow all safety and usage guidelines provided by us;
Wear or use any safety equipment provided by us;
Ensure all reasonable care is taken in operating the e-scooter;
Monitor any warning lights or sounds indicating any potential malfunction and immediately notify us and shut down the e-scooter if it is safe to do so.
Exceed the manufacturer rider weight limit of 120kg (kilograms).
You as a competent operator:
You represent and certify that you are familiar with the operation of the Equipment, and You are reasonably competent and physically fit to use the Equipment. By choosing to ride an E-scooter, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining weather conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions, whether caused by the weather or otherwise, that make it dangerous to operate our Equipment. You are advised to adjust your riding behaviour and braking distance to suit all conditions and variables, including weather and traffic.
Compliance with Laws:
You agree to follow all laws, by-laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the e-scooter including those pertaining to the e-scooter in the area where You are operating the e-scooter, including, without limitation, helmet laws. You can find information on road user rules that apply to your use of e-scooter in the back of this Agreement at Appendix 1.
You are solely responsible and liable for any violation of any laws, by-laws, rules, regulations, and/or ordinances while using the Services, including improper riding and/or parking, and you agree that you are solely responsible and liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, lawyers’ fees, judgments, fees (including impounding fees charged by any local government) and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of any such violation while using the Services of E-Scooter NZ.
Limited liability of E-Scooter Tours New Zealand / assumption of risk by you.
Nothing in these terms shall limit or exclude E-Scooter NZ’s liability to You for any liability that, by law, may not be limited or excluded.
Cap on Liability: To the extent permitted by law, E-Scooter NZ’s liability to you under or in connection with this Agreement must not exceed the net amount paid by You to E-Scooter NZ under this Agreement.
Indirect Loss: To the extent permitted by law, under no circumstances shall we be liable to You under or in connection with this Agreement for indirect or consequential losses.
Risk: You acknowledge that accidents can happen when you are operating the equipment provided to you by E-Scooter NZ, that you have been warned about this possibility, and you assume all risk in relation to the operation of the e-scooter and your use of it. To the extent permitted by law, you release E-Scooter NZ from all claims (including negligence claims) in this respect.
If the Equipment suffers a mechanical breakdown or some other defect during the Tour, we may in our discretion provide you with replacement equipment, rebook you to a later date or refund the fees paid by you.
Application of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986: These limitations do not however limit any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
Except to the extent that the Consumer Guarantees Act 1993 applies or any other obligations cannot be excluded or limited under New Zealand law, the following provisions apply:
We, our directors and employees, will not be liable to you in contract, tort (including negligence), breach of any legislative requirement, equity or for any other reason for damage to property, personal injury, disability, illness or death or for any consequential loss (including financial loss) suffered by you or any other person as a result of the use of the equipment or in connection with any tours or other services provided or any act or omission of any person.
If we are liable to you or any other person for any reason including in contract, tort (including negligence), breach of any legislative requirement, equity or for any other reason, our total liability is limited to the fees you have paid to us for the use of the equipment and provision of tours or other services to you.
You will indemnify us and our directors against any loss or liability whether direct or consequential (including loss of profits) or costs of any nature whatsoever incurred or suffered by any of them, arising from or in relation to:
Any breach of your obligations to us whether under this agreement or otherwise in contract, tort (including negligence), breach of any legislative requirement or for any other reason; or
Any breach of your obligations to any other person in contract, tort (including negligence), breach of any legislative requirement, equity or for any other reason for damage to property, personal injury, disability, illness or death, relating to the use of the equipment.
You and any other people using the equipment or participating in any Tours or other services with you must sign an acknowledgement, waiver and release form before you may use the Equipment and participate in any Tours or other Services.
You, the e-scooter operator, must not:
Operate the e-scooter under the influence of alcohol or drugs
Allow the e-scooter to be operated outside your authority;
Unintentionally, intentionally or recklessly cause damage to the e-scooter or any other equipment hired by you. This includes riding the e-scooter off of ledges and curbs, operating the e-scooter on unpathed surfaces and/or using excessive force in operating the e-scooter.
We may restrict your use of the e-scooter, in certain areas due to public events and/or adverse weather conditions. E-Scooter NZ will advise you of any travel restrictions during the Tour.
If you intentionally, unintentionally or recklessly damage any of E-Scooter NZ’s Equipment you hire or whilst on your Tour, then the Tour will be terminated and you will be held liable for the cost of making good the damage. If the damage cannot be repaired or remedied, you will accept ownership of the damaged Equipment at current recommended retail price of replacement.
Photography and film:
You may not use any photographs or film of you or your companion’s use of the e-scooters to market or promote any other business or organisation without prior written consent from E-Scooter NZ .
We may use any photographs or film taken during the tour (including any photographs or film of you or your companions) for any purpose including marketing purposes and display on our website and/or social media pages. You will not be entitled to receive any royalties, commissions or compensation for our use of the photographs or film.
Phones and/or cameras are taken out/used at the passengers own risk and E-Scooter NZ accepts no liability for damage to/loss of personal items during or after the Tour and/or any hire period.
Physical health and medical treatment
You must notify us of any medical condition, injury or disability which may affect your ability to use the e-scooter or participate in any Tour or other Services and any special requirements you may have as a result of any medical condition, injury or disability. This obligation continues after this agreement is signed until completion of the tour.
It is your responsibility to ensure your level of fitness is sufficient to allow you to use the e-scooter and participate in any tours or other services. If we believe that your health, level of fitness or conduct at any time before or during the tour is risking your or anyone else’s health or safety, we may cancel your booking. If we cancel your booking in these circumstances all fees paid will be forfeited.
E-Scooter Tours New Zealand has insured its Equipment for cover in respect of damage to the e-scooters and damage to third party property arising out of the use of the e-scooter.
E-Scooter Tours New Zealand has statutory and general liability insurance cover.
If damage is caused to the Equipment or any third party property during the hire/ Tour period you will be required to pay the insurance excess of-
$1,000.00 for e-scooter damage.
Third party and additional equipment damage up to $2,000,000.00 NZD
$300.00 for any additional equipment belonging to E-Scooter NZ but not listed here
The excess will be payable even if loss of or damage to the e-scooter is caused by a third party, unintentionally or intentionally. E-Scooter NZ will require the excess to be paid to E-Scooter NZ immediately by debit or credit card. E-Scooter NZ will also require a copy of your ID (either a valid New Zealand Driver Licence, Passport, or New Zealand Gun Licence) and your address, if any damage is done to any Equipment. If payment is not received immediately, your credit card may be charged using the credit card information E-Scooter NZ has in its possession.
E-Scooter NZ will refund the excess paid by you if we or our insurer are successful in recovering the full repair or replacement costs from the third party or, we will refund you any amount residual from the repair invoice. It is at our sole discretion whether we process a claim through insurance or claim the losses from you.
However, you will be responsible for all losses arising from damage to the e-scooter or damage to third party property due to the use of the e-scooter during the tour period if your conduct has caused our insurance to fail to respond to cover the losses. This includes, but is not limited to, your failure to comply with your obligations under the heading, “use of the equipment”.
Insurance cover is null and void if there has been any consumption of alcohol or drugs, and the hirer will be responsible for all losses arising from damage to the e-scooters or damage to third party property during the tour period.
If you or your companions have caused damage to the e-scooter and we are unable to rehire the e-scooter while it is being repaired or replaced, we may charge you a daily rate of $300 representing our loss of ability to rehire for each day that we are unable to use the e-scooter while it is being repaired or replaced.
We may charge you an additional administration fee of $60.00 for processing damage claims both internally or involving our insurer.
Our insurance does not cover loss of or damage to your personal belongings. We recommend you obtain personal insurance to cover loss of or damage to those items.
Privacy act 1993:
You acknowledge that personal information collected or held by us (whether contained in this agreement or otherwise obtained) is provided and may be held, used and disclosed for the following purposes:
Administering, whether directly or indirectly, our contracts with third parties and enforcing our rights under those contracts;
Enabling us communicate with you for any purpose.
New Zealand law applies:
The law of New Zealand applies to this agreement and the hire of equipment and provision of tours or other services to you. The courts of New Zealand have exclusive jurisdiction in respect of this agreement and the services contemplated.
I acknowledge that I have read, accepted and understood these terms and conditions, and agree to be bound by them.
Appendix 1: Road Safety Rules
Further to your general obligation under clause 1.6 to comply with all applicable laws, you must comply with the applicable provisions from the Land Transport (Road User) Rules 2004 when riding an e-scooter provided by E-Scooter NZ on the road network in New Zealand. You can find a copy of the Road User Rules here:
If you are riding an e-scooter provided by E-Scooter NZ, to help you understand how the Land Transport (Road User) Rule 2004 applies to you, you should read the New Zealand Transport Agency’s Code for Cyclists. This Code for Cyclists explains cycle related rules using plain English:
If you are riding an e-scooter provided by E-Scooter NZ, then those provisions of the Land Transport (Road User) Rules 2004 that are of particular relevance to you are set out below:
1.7 General responsibilities of road users
(1) A road user must comply with the applicable provisions of the Road User Rules.
(2) A road user must comply with every reasonable direction given by an enforcement officer for the safe and efficient regulation of traffic, even if the road user may contravene a provision of this rule by complying with the direction.
Traffic signs and signals
3.1 General requirements about places controlled by traffic control devices
(1) Subject to subclauses (2) and (3), if traffic at any place is controlled by a traffic control device, a person (including a pedestrian) using the road at that place must comply with the instructions given by that traffic control device that apply to them.
(2) If traffic signs have been installed at a place controlled by traffic signals, then, in so far as the instructions given by the traffic signals are inconsistent with those given by the traffic signs, a person (including a pedestrian) using the road at that place must comply with the instructions given by the traffic signs that apply to them and not those given by the traffic signals.
(3) If at any time the traffic at any place at which a traffic control device is installed is controlled by an enforcement officer, the officer’s directions override any instruction that may be given by the traffic control device.
3.2 Traffic signals in form of disc
(2) While a green signal in the form of a disc is the only signal displayed, pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal may enter the roadway unless a special signal for pedestrians indicates a flashing or steady red standing human figure symbol.
(4) While a steady yellow signal in the form of a disc is displayed,—
(b) pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal must not enter the roadway unless a special signal for pedestrians indicates a green walking human figure symbol.
(5) While a steady red signal in the form of a disc is displayed or 2 alternately flashing red signals in the form of a disc are displayed,—
(b) pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal or signals must not enter the roadway unless a special signal for pedestrians indicates a green walking human figure symbol.
3.3 Traffic signals in form of arrow
(1) While a green signal in the form of an arrow is displayed,—
(2) While a yellow signal in the form of an arrow is displayed,—
(3) While a red signal in the form of an arrow is displayed,—
3.5 Traffic signals in form of standing or walking human figure
(1) While a special signal for pedestrians indicates a flashing or steady red standing human figure symbol, pedestrians, riders of mobility devices, and riders of wheeled recreational devices who are using the footpath and facing the signal must not enter the roadway.
(2) While a special signal for pedestrians indicates a green walking human figure symbol, pedestrians, riders of mobility devices, and riders of wheeled recreational devices may,—
(a) if facing the signal, enter the roadway to cross towards the signal; and
(b) if a “Pedestrians May Cross Diagonally During Cross” sign is installed, enter the roadway to cross towards the signal or to the diagonally opposite corner of the controlled area.
Stopping and Parking
6.14 Parking on footpaths or cycle paths
(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a footpath or on a cycle path.
(3) Nothing in subclause (1) prevents a person from stopping, standing, or parking a cycle, mobility device, or wheeled recreational device on a footpath if doing so does not unreasonably obstruct any other user of the footpath.
7.1 Riding dangerously
(1) A person must not ride in or on a vehicle, or in or on an object conveyed on a vehicle, in a manner or position that may be liable to cause injury to that person.
7.3 Unsafe vehicles and loads
(1) A driver must not operate a vehicle in a condition or manner that causes or is liable to cause—
(a) injury to any person or animal; or
(b) annoyance to any person; or
(c) damage to any property; or
(d) distraction to the driver.
7.3A Ban on use of mobile phones while driving
(1) A driver must not, while driving a vehicle,—
(a) use a mobile phone to make, receive, or terminate a telephone call; or
(b) use a mobile phone to create, send, or read a text message; or
(c) use a mobile phone to create, send, or read an email; or
(d) use a mobile phone to create, send, or view a video message; or
(e) use a mobile phone to communicate in a way similar to a way described in any of paragraphs (b) to (d); or
(f) use a mobile phone in a way other than a way described in any of paragraphs (a) to (e).
(1) A driver must not operate a vehicle that creates noise that, having regard to all the circumstances, is excessive.
(2) A person must not create by any means (for example, a car stereo) within or on a vehicle any noise that, having regard to all the circumstances, is excessive.
7.22 Ridden and driven animals
A road user must exercise due care towards—
(a) a person—
(i) moving animals on a road; or
(ii) riding an animal on a road; and
(b) that person’s animals.
9.1 General requirements for level crossings
(1) A person approaching or crossing a level crossing must keep a vigilant lookout for any approaching rail vehicle using the railway line.
(2) A driver must give way to a rail vehicle using the railway line that is approaching and within 800 m of the level crossing.
(3) A person must not walk or attempt to walk across a level crossing when there is a risk of that person being involved in a collision with a rail vehicle using the railway line.
(4) A person must not ride, drive, or attempt to ride or drive a vehicle or animal on or across a level crossing when there is a risk of that vehicle or animal being involved in a collision with a rail vehicle using the railway line.
Rules relating to wheeled recreational devices
11.1 Use of footpath and roadway
(3) A pedestrian or driver of a mobility device or a wheeled recreational device using the roadway must remain as near as practicable to the edge of the roadway.
(4) A driver of a mobility device or wheeled recreational device on a footpath—
(a) must operate the device in a careful and considerate manner; and
(b) must not operate the device at a speed that constitutes a hazard to other footpath users.
(5) A person using a wheeled recreational device on a footpath must give way to pedestrians and drivers of mobility devices.
11.1A Use of shared path
(1) This clause applies to a path that—
(a) may be a cycle path, a footpath, or some other kind of path; and
(b) may be used by some or all of the following persons at the same time:
(iii) riders of mobility devices:
(iv) riders of wheeled recreational devices.
(2) A person using the path—
(a) must use it in a careful and considerate manner; and
(b) must not use it in a manner that constitutes a hazard to other persons using it.
(3) A rider of a cycle, mobility device, or wheeled recreational device on the path must not operate the cycle or device at a speed that constitutes a hazard to other persons using the path.
(4) If a sign or marking on the path gives priority to pedestrians or cyclists, the following rules apply on the path:
(a) pedestrians, riders of mobility devices, and riders of wheeled recreational devices must give priority to cyclists if the sign or marking gives priority to cyclists:
(b) cyclists must give priority to pedestrians, riders of mobility devices, and riders of wheeled recreational devices if the sign or marking gives priority to pedestrians:
(c) no user may unduly impede the passage of any other user, whatever priority the sign or marking gives.
11.4 Crossing roadway
(1) A pedestrian or rider of a mobility device or wheeled recreational device who crosses a roadway elsewhere than on a pedestrian crossing or at a school crossing point must, whenever possible, cross at right angles to the kerb or side of the roadway.
(2) This clause does not apply at an intersection controlled by traffic signals if the pedestrian or rider is complying with a notice, sign, or marking maintained by the road controlling authority and indicating that such persons may or should cross otherwise than at right angles.
11.5 Entering crossings
A pedestrian or a rider of a mobility device or wheeled recreational device must not suddenly enter a pedestrian crossing when an approaching vehicle is so close to the pedestrian crossing that the driver of the vehicle is unable to give way to the pedestrian or the driver or rider of the device.
11.6 Loitering on crossings or roadways
A pedestrian or rider of a mobility device or wheeled recreational device must not remain on the roadway, including a pedestrian crossing or school crossing point, longer than is necessary for the purpose of crossing the roadway with reasonable dispatch.
11.9 Towing restrictions
(2) A rider of a cycle, moped, or wheeled recreational device must not permit that vehicle to be towed by another vehicle.