Sunshine Coast Motorcycle Hire and Tours pty ltd

ABN

1 Introduction

• Rental Contract

Your contract to hire a Motorcycle from Us (Rental Contract) consists of:

(a) the agreement (Rental Agreement) You have signed to hire the Motorcycle from Us;

(b) the Handover Inspection Report; and

(c) these rental Terms and Conditions (Terms and Conditions).

• Jurisdiction

The laws of Queensland govern the Rental Contract and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

• Australian Consumer Law

The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

• Electronic signatures

We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

2 Safety induction

• 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.

• Induction

At the Start of the Rental We will conduct a 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 Who may ride the Motorcycle?

IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 15 for further details.

• Authorised Riders

(a) Only You can ride the Motorcycle. 

(b) Allowing anyone else to ride constitutes a Major Breach of the Rental Contract that excludes You from all entitlement to Damage Cover indemnity under clause 10 of these Terms and Conditions.

• Age limits

There is a minimum and maximum age limit for those renting Our Motorcycles. You must be at least 30 and not over 75 years of age and have no less than 3 years rider driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

• Licence requirements

(a) You must also have a valid licence to ride the Motorcycle which is:

(i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English); and

(ii) not subject to any restriction or condition. 

(b) Learner drivers and Provisional and probationary licence holders are not acceptable and must not ride the Motorcycle.

• Cancelled licences

The Motorcycle must not be ridden if Your licence has been cancelled within 2 years of the date of the Rental Agreement.

• False information

The Motorcycle must never be ridden if You have provided a false or misleading name, age, address or driver's licence.

4 Prohibited Use

IMPORTANT NOTICE

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 15 for further details.

• The Motorcycle must not be ridden by You:

(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;

(b) recklessly or dangerously; or

(c) whilst the Motorcycle is damaged or unsafe.

• You must not:

(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;

(b) use the Motorcycle:

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) to carry or transport illegal drugs or substances;

(iv) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

(v) in an unsafe or un-roadworthy condition; or

(c) use a mobile phone:

(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the Motorcycle is stationary and the body of the phone is secured in a mounting affixed to the Motorcycle and its use does not require manual operation of the phone; or

(ii) to send a text message, video message, email or similar communication unless the Motorcycle is parked.

• You must not:

(a) damage the Motorcycle deliberately or recklessly or allow anyone else to do so;

(b) modify the Motorcycle in any way;

(c) sell, rent, lease or dispose of the Motorcycle; or

(d) register or claim to be entitled to register any interest in the Motorcycle under the Personal Property Securities Act 2009.

• You must not use the Motorcycle to carry:

(a) passengers for hire, fare or reward or for rideshare purposes;

(b) more than one pillion passenger; or

(c) any load that exceeds the limits for which the Motorcycle was designed, constructed, registered or licenced.

5 Prohibited areas of use

IMPORTANT NOTICE

A breach of any part of this clause 5 is a Major Breach of the Rental Contract. See clause 15 for further details.

• The Motorcycle must never be ridden:

(a) on an Unsealed Road;

(b) Off Road; or

(c) in any area where snow has fallen or is likely to fall.

• The Motorcycle must not be used in any area that is prohibited by Us. Prohibited areas include:

(a) roads that are prone to flooding or are flooded;

(b) beaches, streams, rivers, creeks, dams and floodwaters;

(c) any road where the police or an authority has issued a warning;

(d) any road that is closed; and

(e) any road where it would be unsafe to ride the Motorcycle.

• The Motorcycle must never be ridden or used:

(a) outside a radius of 200 kilometres from the Rental Station;

(b) interstate; or

(c) onto any island that is off mainland Australia,

unless We have given Our prior written permission prior to the Start of the Rental and it is noted on the Rental Agreement.

6 Your obligations

IMPORTANT NOTICE

A breach of any of sub-clauses 6.3, 6.4, 6.5 or 6.6 is a Major Breach of the Rental Contract. See clause 15 for further details.

• Start of the Rental

(a) At the Start of the Rental and before collecting the Motorcycle You must:

(i) present Your driver's licence and permit copies of the drivers' licences to be made and kept by Us;

(ii) inspect the Motorcycle to make sure that any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to leaving the Rental Station or agreed accommodation pick-up point; and

(iii) pay the anticipated Rental Charges and the Security Deposit as shown on the Rental Agreement. 

(b) The Motorcycle may be collected from the Rental Station or delivered and picked up from Your accommodation in the Maroochydore/Mooloolaba Sunshine Coast area.

• Security Deposit

(a) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You provided that:

(i) all amounts due to Us under the Rental Contract have been paid, including toll road charges and refuelling costs;

(ii) the Motorcycle has been returned to the Rental Station or agreed accommodation pick-up point at the date and time set in the Rental Agreement;

(iii) there is no Damage or Third Party Loss;

(iv) the exterior and interior of the Motorcycle are clean;

(v) there has not been a Major Breach of the Rental Contract,

(b) If at the End of the Rental You fail to pay any of the amounts in clause 6.2(a) for which You are liable, We will apply the Security Deposit against those outstanding amounts.

We reserve the right to retain all or part of the Security Deposit if there is a breach of any of these conditions.

• Motorcycle to be locked and keys kept in your possession

You must make sure that the Motorcycle is locked when not in use or unattended and the keys must be kept in Your possession at all times and never left in the ignition when the Motorcycle is unattended.

• Reasonable care

You must take reasonable care of the Motorcycle by:

(a) preventing it from being damaged;

(b) making sure that it is protected from the weather;

(c) maintaining the engine and brake oils and tyre pressures;

(d) If refuelling is necessary, only use the correct fuel type (Premium 95); and

(e) making sure it is not overloaded.

• Notification of Motorcycle fault

You must inform Us immediately if:

(a) a warning light or fault message appears;

(b) You see or become aware of low engine or brake oils; or

(c) the Motorcycle develops any fault during the Rental Period.

If You fail to notify Us and continue to use the Motorcycle You will be responsible for any Damage or Third Party Loss.

• Repair without authority prohibited

You must not let anyone else repair or work on the Motorcycle or tow or salvage it without Our prior written authority to do so.

• Repair with authority

Where We have given You Our prior authority to repair the Motorcycle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.

• Staying with the Motorcycle after an Accident

You must not leave the Motorcycle unattended following an Accident and before the arrival of a tow or salvage operator unless You or a pillion passenger are injured or at the direction of the Police in attendance.

7 Rental Period, costs and charges

• Rental Agreement

The Rental Agreement shows:

(a) the Rental Period for which You have hired the Motorcycle; and

(b) the Rental Charges.

• Tolls, fines and infringements

You must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Motorcycle or release of the Motorcycle if it has been seized by a regulatory authority. You will be charged an administrative fee of $20 if We are required to nominate You as the responsible rider.

• Return of the Motorcycle

(a) You must return the Motorcycle:

• to the Rental Station or the agreed accommodation pick-up point;
• on the date and by the time shown in the Rental Agreement;
• in a reasonable state of cleanliness;
• in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted.

(b) If You fail to return the Motorcycle, We may terminate the Rental Contract and if the location of the Motorcycle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Motorcycle as stolen to the Police.

(c) If the Motorcycle is returned to Us early there is no entitlement to a refund.

(d) If You return the Motorcycle:

• more than one hour after the date and time set for its return in the Rental Agreement, We will charge You $25 per hour up to one full day's rental and a further full day's rental at the standard rate for each 24 hour period or part thereof until the Motorcycle is returned to Us; or
• at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.

• End of the Rental

At the End of the Rental You must pay:

(a) the balance of the Rental Charges (if any);

(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Motorcycle is stolen;

(c) any costs We incur, including:

• extra cleaning costs; and
• costs incurred in reinstating the Motorcycle to the same mechanical condition it was in at the Start of the Rental, fair wear and tear excluded;

(d) for all Damage arising from a Major Breach of the Rental Contract;

(e) for all Overhead Damage;

(f) for all Underbody Damage; and

(g) for any Damage caused by the immersion of the Motorcycle in water.

• Credit card authority

If any amount is due to Us or remains unpaid, including:

(a) Rental Charges;

(b) tolls;

(c) speeding and traffic fines and infringements;

(d) fines or charges imposed for parking;

(e) the accessories hired pursuant to clause 8.1 are returned clean and in the same condition as at the Start of Rental, subject to reasonable wear and tear;

(f) extra cleaning costs

(g) the Damage Excess payable under clauses 10.1 and 10.2,

You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.

• Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract:

(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;

(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and

(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

8 Accessories for hire

• At extra cost, You may also hire accessories such as helmets, gloves, jackets and protective glasses.
• You will be charged the replacement cost if any of the accessories are missing or not returned in the same condition as at the Start of Rental, subject to fair wear and tear.

9 Toll charges

• An electronic tag (e-tag) is not fitted to the Motorcycle and it is Your responsibility to fit an e-tag to the Motorcycle or purchase a day pass for payment of tolls when using the Motorcycle on toll roads.
• If You fail to do so and We are required to nominate You as the responsible party We will charge You an administrative fee for each nomination.

10 Damage Cover

10.1 Damage Excess payable

(a) Standard Damage Cover is included in the Rental Charges. 

(b) Subject to these Terms and Conditions, We will indemnify You for the theft, any Damage or Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim unless all, of the following requirements have been met:

(i) You have fully completed an Incident Report Form with:

(A) the name, residential address, contact phone and licence number of any person involved (Third Party);

(B) the registration number of all vehicles involved;

(C) an accurate written and diagrammatic description of the Accident and location; and

(D) the names and addresses of all attending police officers and the stations at which they are based;

(ii) you have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;

(iii) We agree You were not at fault; and

(iv) the other party was insured and their insurance company accepts liability.

(c) The Damage Excess payable under clauses 10.1(b) and 10.2 will be charged to Your credit card:

(i) for single vehicle Accidents, after a repairer's estimate or tax invoice verifying the amount charged for Damage has been sent to You;

(ii) if the Motorcycle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Motorcycle will be recovered; and

(iii) for Accidents in which there is also Third Party Loss, after:

(A) a reasonable estimate of the Third Party Loss has been made;

(B) a repairer's estimate or tax invoice verifying the amount charged for Damage has been obtained; and

(C) all documents verifying the Third Party Loss and Damage have been sent to You.

10.2 Damage Excess reduction

You may reduce the Damage Excess to the amount shown in the Rental Agreement by payment of an additional daily fee.

10.3 Claims Administration fee

All Accident, attempted theft and theft claims will incur a claims administration fee in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

11 Damage Cover Exclusions

• There is no Damage Cover, and You are liable for:

(a) Damage or Third Party Loss arising from:

(i) a Major Breach of the Rental Contract; or

(ii) the use of the Motorcycle by any other rider than You;

(b) Underbody Damage; and

(c) Damage caused by immersion or impact of the Motorcycle in water, sand or mud.

• There is also no Damage Cover for:

(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to lost keys; or

(b) personal items that are left in or stolen from the Motorcycle or for loss or damage to property belonging to or in the custody of:

(i) You; or

(ii) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside.

12 Cancellation

• If:

(a) Your booking is cancelled within 48 hours prior to the Start of the Rental; or

(b) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Motorcycle,

You will be charged the Rental Charges for the Rental Period as booked unless We are able to rent the Motorcycle to another renter for an equivalent term and rate.

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

13 Breakdowns

• We will provide You with a Motorcycle that is of acceptable quality and in good working condition taking into account the age of the Motorcycle but breakdowns do occur. Daylight hours roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Motorcycle breaks down during the Rental Period You must contact Us immediately on 0499 877 587 to arrange assistance. If the fault cannot be repaired on site We will recover and repair the Motorcycle as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Motorcycle where one is available.
• We are also not responsible for:

(a) Damage as a result of use of the incorrect fuel type;

(b) a flat battery;

(c) tyre changing; or

(d) lost keys. (nb: Key/Fob replacement cost is $500)

Extra charges will apply if any of these services are provided at Your request.

• Subject to the Australian Consumer Law, We are not responsible for:

(a) flights You have missed;

(b) holiday plans that are disrupted;

(c) loss or inconvenience caused by inclement weather, natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;

(d) loss of enjoyment; or

(e) consequential or economic loss.

We strongly recommend You purchase a travel insurance policy.

14 Accident and theft reporting

IMPORTANT NOTICE

A breach of any part of this clause 14 is a Major Breach of the Rental Contract. See clause 15 for further details.

• If You have an Accident or if the Motorcycle is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.
• If the Motorcycle is stolen or if You have an Accident where:

(a) any person is injured;

(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or

(c) the other party appears to be under the influence of drugs or alcohol,

You must also report the theft or Accident to the Police.

• If You have an Accident You must:

(a) exchange names and addresses, telephone numbers and email addresses with the other driver;

(b) take the registration numbers of all vehicles involved;

(c) take as many photos as is reasonable showing:

(i) the position of the vehicles before they are moved for towing or salvage;

(ii) the Damage to the Motorcycle;

(iii) the damage to any third party vehicle or property; and

(iv) the general area where the Accident occurred, including any road or traffic signs;

(d) obtain the names, addresses and phone numbers of all witnesses;

(e) forward all third party correspondence or court documents to Us within 7 days of receipt; and

(f) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:

(i) Our lawyer's office; or

(ii) any Court hearing.

• You must not:

(a) make any admission of fault;

(b) promise to pay any claim for Third Party Loss; or

(c) release the other party from any liability to pay for Damage as a result of an Accident, theft of attempted theft.

15 Major Breach and its consequences

• Major Breach

You commit a Major Breach of the Rental Contract if there is a breach of any of the following:

(a) clauses:

(i) 3 (who may ride the Motorcycle);

(ii) 4 (prohibited use);

(iii) 5 (prohibited areas of use);

(iv) 6.3 (Motorcycle to be locked and keys kept in your possession);

(v) 6.4 (reasonable care);

(vi) 6.5 (notification of fault); or

(vii) 6.6 (repair without authority),

that causes Damage, theft of the Motorcycle or Third Party Loss; or

(b) clause 14 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or

(c) clause 17.2(b) (removal of Tracking Device).

• No Damage Cover

If You:

(a) commit a Major Breach of the Rental Contract; or

(b) ride the Motorcycle in a reckless manner so that a substantial breach of road safety legislation has occurred,

You:

(i) have no Damage Cover;

(ii) are liable for all Damage, theft of the Motorcycle and Third Party Loss; and

(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Motorcycle.

• Termination and repossession

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Motorcycle if:

(a) there has been a Major Breach; or

(b) there has been a breach of clause 15.2(b).

16 Personal Property Securities Act 2009 (Cth)(PPSA)

• You have no right to, or interest in, the Motorcycle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.
• You acknowledge that:

(a) the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Motorcycle;

(b) We have a Security Interest in the Motorcycle and the Motorcycle will at all times remain subject to that Security Interest; and

(c) We may register the Security Interest on the Personal Property Securities Register.

• You have no right to, or interest in, the Motorcycle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your

17 Privacy

IMPORTANT NOTICE

A breach of any part of subclause 17.2(b) is a Major Breach of the Rental Contract. See clause 15 for further details.

• Personal information

(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.

(b) When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.

(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

• Tracking device

(a) We do have a GPS Tracking Device fitted to the Motorcycle to enable Us to track the Motorcycle when it is out of Our possession. When You sign the Rental Agreement You are authorising Us to use the GPS Tracking Device to track the Motorcycle until it is returned to Us.

(b) You must not tamper with the GPS Tracking Device or remove it from the Motorcycle.

18 Definitions and interpretation

• Definitions

In these Terms and Conditions:

Accident means an unintended and unforeseen incident, including:

(a) a collision between the Motorcycle and another vehicle or object, including animals and roadside infrastructure; and

(b) a weather event, including hail Damage,

that results in Damage or Third Party Loss.

Damage means:

(a) any loss or damage to the Motorcycle including its parts, keys/fob, components and accessories, including the GPS unit, that is not fair wear and tear;

(b) towing and salvage costs;

(c) assessing fees; and

(d) Loss of Use,

and for the removal of doubt, any Damage to the Motorcycle, including, the headlights, lights or tyres, that makes the Motorcycle unroadworthy is not fair wear and tear.

Damage Cover means the cover You have for Damage, theft, attempted theft and Third Party Loss under clause 10, subject to the Damage Cover Exclusions in clause 11.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Motorcycle has been stolen and not recovered.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Motorcycle is returned to Us, whichever is the earlier.

Handover Inspection Report means the document that shows the condition of the Motorcycle and lists any Damage at the time of the inspection

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Motorcycle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach has the meaning in clause 15.

Motorcycle means the Motorcycle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit.

Off Road means any area that is neither a sealed or an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Rental Charges means the charges payable for renting the Motorcycle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Rental Station means 8 Kelly Court Maroochydore or as otherwise shown on the Rental Agreement.

Security Deposit means the amount shown in the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental and the amount is fully refundable subject to clause 6.2(a).

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Tracking Device means a device that is fitted to the Motorcycle that has electronic tracking capabilities to determine its location and other data including speed.

Underbody Damage means any damage to the Motorcycle caused by or resulting from contact between the underside of the Motorcycle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

We, Us, Our, means Sunshine Coast Motorcycle Hire & Tours pty ltd

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Motorcycle from Us and whose name is shown in the Rental Agreement.

18.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and

(b) where You comprises two or more persons each is bound jointly and severally.

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