Rental Terms and Conditions

2. Safety Induction

2.1 Public Safety

Safety is Our principal concern, and if in Our sole opinion You do not have the skill or competence to ride the Motorcycle safely We may decline the rental. If that should occur, any prepaid charges will be refunded in full.

2.2 Induction

At the Start of the Rental We will conduct a short induction to make sure You are familiar with the handling of the Motorcycle and its controls. This may require You to ride the Motorcycle for a short test drive so that We are satisfied You have the competence to safely ride the Motorcycle during the Rental Period.

3.1 Authorised Riders

• Only You can ride the Motorcycle
• Allowing anyone else to ride constitutes a Major Breach of the Rental Contract that excludes You from all entitlement to Damage Cover indemnity

3.2 Age and Experience Limits

Limits apply according to the class of Motorcycle:

3.3 Licence Requirements

You must have a valid licence that is:

• Issued in an Australian state/territory or international licence (with valid International Driving Permit)
• Not subject to any restriction or condition
• Not a Learners permit. NOTE: P1/P2 Provisional, or Probationary licence holders, RE/REO are restricted and limited to LAMS approved motorcycles.

3.4 Cancelled and Suspended Licences

The Motorcycle must not be ridden if Your licence has been cancelled or suspended (including as a result of demerit points), or has been cancelled/suspended within 12 months of the Rental Agreement date.

3.5 Prior Insurance History

The Motorcycle must not be ridden if You have been refused motor vehicle insurance or had a policy cancelled or declined by an insurer at any time prior to entering into the Rental Contract.

4.1 Prohibited Driving

The Motorcycle must not be ridden by You:

• Whilst intoxicated or under the influence of drugs or alcohol
• Recklessly or dangerously
• Whilst the Motorcycle is damaged or unsafe

4.2 Prohibited Conduct

You must not:

• Fail or refuse to undergo any breath, blood, urine or oral fluid test
• Use the Motorcycle for any illegal purpose or to carry illegal drugs
• Use the Motorcycle in connection with the motor trade for experiments or tests
• Use a mobile phone whilst riding (except stationary with secured mounting)

4.3 Prohibited Actions

You must not:

• Damage the Motorcycle deliberately or recklessly
• Modify the Motorcycle in any way
• Sell, rent, lease or dispose of the Motorcycle
• Carry passengers for hire or reward
• Carry more than one pillion passenger
• Carry any load exceeding design limits

5.1 Prohibited Areas

The Motorcycle must never be ridden:

• On an Unsealed Road
• Off Road

5.2 Adventure Bike Exception

Adventure bikes may be ridden on Unsealed Roads and Off Road, but You do so at Your own risk and there is no Damage Cover for Third Party Loss.

5.3 Other Prohibited Areas

The Motorcycle must not be used in areas where:

• Snow has fallen or is likely to fall
• Roads are prone to flooding or are flooded
• Police or authorities have issued warnings
• Roads are closed
• It would be unsafe to ride

5.4 Geographic Restrictions

The Motorcycle must never be ridden or used outside a radius of 200 kilometres from the Rental Station, interstate, or onto any island that is off mainland Australia, unless We have given Our prior written permission and it is noted on the Rental Agreement.

6. Your Obligations

6.1 No False or Misleading Information

You must take all reasonable steps to ensure that information supplied to Us at the Start of Rental is accurate, complete and up-to-date and is not false or misleading. Wilful supply of false information is a Major Breach of the Rental Contract.

6.2 Start of the Rental

You must:

• Present Your driver's licence and permit copies to be made and kept
• Inspect the Motorcycle and verify pre-existing damage is noted in the Handover Inspection Report
• Pay the anticipated Rental Charges and Security Deposit

6.3 Security Deposit

The Security Deposit of $1,500 will be retained as security and is fully refundable provided that:

• All amounts due have been paid
• The Motorcycle is returned at the agreed date and time
• There is no Damage or Third Party Loss
• The Motorcycle is clean inside and out
• The Motorcycle has a full tank of fuel
• There has not been a Major Breach

6.4 Motorcycle Security

The Motorcycle must be locked when not in use or unattended and keys must be kept in Your possession at all times and never left in the ignition.

6.5 Reasonable Care

You must take reasonable care of the Motorcycle by:

• Preventing it from being damaged
• Protecting it from the weather
• Maintaining engine and brake oils and tyre pressures
• Using the correct fuel type
• Not overloading it

6.6 Notification of Motorcycle Fault

You must inform Us immediately if a warning light appears, You see low oils, or the Motorcycle develops any fault. If You fail to notify Us and continue to use the Motorcycle, You will be responsible for any Damage or Third Party Loss.

6.7 Repair Restrictions

You must not let anyone else repair the Motorcycle or tow or salvage it without Our prior written authority.

6.8 Repair with Authority

Where We have given authority to repair, You must keep original tax invoices and receipts. You will be reimbursed only if these expenses have been authorised by Us and there is no Major Breach.

6.9 Stay with Motorcycle After Accident

You must not leave the Motorcycle unattended after an Accident unless You or a pillion passenger are injured or at the direction of the Police.

7. Rental Period, Costs and Charges

7.1 Rental Agreement

The Rental Agreement shows the Rental Period and Rental Charges.

7.2 Tolls, Fines and Infringements

You must pay all tolls, speeding, traffic fines and infringements, parking charges, and an administrative fee of $20 if We nominate You as the responsible rider.

7.3 Return of the Motorcycle

You must return the Motorcycle:

• To the Rental Station or agreed accommodation pick-up point
• On the agreed date and time
• In a reasonable state of cleanliness
• In the same mechanical condition as at Start of Rental (fair wear and tear excepted)
• With a full tank of fuel

7.4 End of the Rental Charges

You must pay:

• Balance of Rental Charges
• Damage Excess if there is Damage or Third Party Loss
• Refuelling costs: $55 plus fuel cost if returned with less than full tank
• Extra cleaning costs
• Late return charges: $25/hour up to full day's rental, then daily rate
• All Damage from Major Breach, Overhead Damage, Underbody Damage, or water immersion

7.5 Credit Card Authority

You authorize Us to debit Your credit card with any amounts due or remaining unpaid, including Rental Charges, tolls, fines, cleaning costs, refuelling costs, and Damage payable within a reasonable time after the End of the Rental.

7.6 Default in Payment

If You default on payment, You must pay:

• Interest at 10% per annum starting 7 days after the due date
• Reasonable costs for debt collection or legal recovery

8. Accessories for Hire

8.1 Available Accessories

At extra cost, You may hire helmets, gloves, jackets and goggles.

8.2 Missing Items

You will be charged the replacement cost if any accessories are missing or not returned in the same condition, subject to fair wear and tear.

9. Toll Charges

9.1 Tolls

You must pay all tolls for using toll roads. An e-tag is not fitted to the Motorcycle, so it is Your responsibility to fit an e-tag or purchase a day pass.

9.2 Failure to Pay

If We are required to nominate You as the responsible party, We will charge You an administrative fee for each nomination.

10. Damage and Damage Cover

10.1 Damage Cover

Damage Cover for Third Party Loss is included in the Rental Charges but there is no Damage Cover for Damage to the Motorcycle or if it is lost or stolen and not recovered.

10.2 Loss or Damage to Motorcycle

You must pay:

• The full Damage cost if repairable
• The replacement cost if not repairable or stolen/lost

10.3 Third Party Loss

If there is Third Party Loss from an Accident, You must pay a Damage Excess of $2,000. This is additional to costs under clause 10.2.

10.4 When is Damage Payable?

For single vehicle Accidents:

• If substantially damaged: upon reporting the Accident
• If not substantial: after reasonable estimate of repair cost

If stolen: after reasonable enquiries and if unlikely to be recovered.

11. Damage Cover Exclusions

11.1 General Exclusions

There is no Damage Cover for:

• Any Damage to the Motorcycle
• Third Party Loss from a Major Breach or use by other riders
• Underbody Damage
• Damage from water, sand or mud immersion

11.2 Lack of Cooperation

Your Damage Cover for Third Party Loss will be reduced based on extent We are prejudiced by delay or failure to comply with obligations.

11.3 Accessories and Personal Items

No Damage Cover for accessories, lost keys, or personal items left in the Motorcycle.

12. Cancellation

12.1 Late Cancellation Charges

If Your booking is cancelled within 24 hours prior to the Start of the Rental, or You fail to notify of cancellation and fail to pick up the Motorcycle, You will be charged the full Rental Charges as booked unless We are able to rent to another customer for an equivalent term and rate.

12.2 Cancellation Confirmation

A cancellation is not effective until acknowledged and confirmed by Us.

13. Breakdowns

13.1 Roadside Assistance

Twenty four hour roadside assistance is provided free of charge for breakdowns (not Accidents). Contact Us on 0499 877 587 to arrange assistance. If the fault cannot be repaired on site, We will recover and repair the Motorcycle or provide a replacement where available.

13.2 Assistance Not Covered

Extra charges apply for:

• Damage from incorrect fuel type
• Flat battery
• Tyre changing
• Lost keys

13.3 Consequential Loss

We are not responsible for missed flights, disrupted holiday plans, loss from natural disasters, loss of enjoyment, or consequential/economic loss. We strongly recommend You purchase travel insurance.

14.1 Reporting an Accident or Theft

If You have an Accident or the Motorcycle is stolen You must:

• Contact Us as soon as practicable, but no more than 24 hours after it occurs
• Subsequently fully complete an Incident Report Form
• Submit the form within 7 days or upon return, or immediately if stolen and reported to police

14.2 Reporting to Police

You must also report to police if:

• Any person is injured
• The other party fails to stop or leave without exchanging details
• The other party appears under the influence of drugs or alcohol

14.3 Steps After an Accident

You must:

• Make the Motorcycle secure
• Exchange contact details with the other driver
• Obtain the other driver's insurance company name
• Take a photo of the other driver's licence
• Take registration numbers of all vehicles involved
• Take photos of damage and general area
• Obtain contact details of all witnesses

14.4 Subsequent Assistance

You must:

• Forward all third party correspondence and court documents to Us within 7 days
• Cooperate with Us in the investigation and supply further information within 7 days
• Cooperate with Us in any legal proceedings

14.5 What You Must Not Do

You must not:

• Make any admission of fault
• Make any offer or promise to pay or settle claims
• Agree to indemnify or release any other party from liability

15. Major Breach, Termination and Repossession

15.1 Major Breach

You commit a Major Breach if you breach:

• Who may ride (Clause 3)
• Prohibited use (Clause 4)
• Prohibited areas (Clause 5)
• False information (Clause 6.1)
• Motorcycle security (Clause 6.4)
• Reasonable care (Clause 6.5)
• Fault notification (Clause 6.6)
• Repair restrictions (Clause 6.7)
• Accident reporting (Clause 14)

15.2 No Damage Cover

If You commit a Major Breach or ride recklessly causing substantial breach of road safety legislation, You are liable for all Third Party Loss and recovery costs.

15.3 Termination and Repossession

We may terminate the Rental Contract and take immediate possession of the Motorcycle if there has been a Major Breach.

16. PPSA and Privacy

16.1 Interest as Bailee

You have no right to or interest in the Motorcycle other than as a bailee.

16.2 Security Interest

The Rental Contract may create a Security Interest in the Motorcycle under the PPSA. We may register this on the Personal Property Securities Register.

17.1 Personal Information

We are committed to respecting Your privacy and will only collect personal information for providing rental services.

17.2 Tracking Device

We may fit a Tracking Device to monitor the Motorcycle and track its movements. When You sign the Rental Agreement, You consent to this use. You must not tamper with or remove the Tracking Device.