Rental Agreement
Rent N Ride Pty Ltd (ABN: 49 603 524 063)
These Terms and Conditions within this Rental Agreement are to be read, signed and executed by you, the Hirer. This agreement has been designed to include further explanation in addition to the legal terms and conditions. This document is to be considered as the Rental Agreement.
Age, License and Eligibility
- You must hold a CURRENT Australian State or Territory Motor Cycle Riders License.
- If not an Australia License, the ride(s) must comply with Australian licensing requirements in the State or Territory in which they are riding the motorcycle. This may vary between States.
- Restricted, Learners or Provisional License Holder are forbidden.
- You must be at least 25 years of age.
- You must declare to us that you are competent and have suitable riding experience and possess the necessary skill, confidence and knowledge in the type of motorcycle you are hiring.
Documentation
It will be expected and a condition at time of Hire to provide us with original copies of your current Driver's License, any additional form of ID and a Credit Card with suitable cleared funds for any booking deposits, security deposits, security bonds or any other payments.
Deposits, Security Bonds and Cancellations Explained
On booking your motorcycle a 30% (Min $200.00, whichever is greater) non refundable booking deposit of the total hire may be required to secure your chosen motorcycle for the chosen period. There will be no further losses apart from the 30% booking deposit if you change your mind, become unwell, weather no longer permits your ride, other cancelations of any tour, or you just no longer want to hire the motorcycle for any reason.
In addition to the deposit there will be a Security Bond. This will be payable on collection of your motorcycle. The cost of this bond will vary pending the bike you hire which can be found on our website and within your hire Particulars Sheet. This will be in addition to any other Security Deposits granted on items like accessories, GPS, Toll Tags etc. Your pre-authorised Security Bond amount will be cancelled as will any other Security Bond processed payment be refunded to your credit card on the date or due date of the safe and good condition return of the motorcycle.
Your Bond or any Security Deposit will be refunded on return of the motorcycle pending the below conditions:
- The motorcycle is returned to the Rent N Ride location it was collected at original hire date
- The motorcycle is in good cosmetic and mechanical condition
- There is no additional damage other than what we identified in the condition report on hire
- All accessories are also returned in good condition
- It is returned with a full tank of fuel. If tank requires filling there will be a $3 per liter fuel charge applicable.
- GPS Tracker has not identified any prohibited or not permissible use
- Or any other term identified in this Rental Agreement
IMPORTANT — GPS TrackersAll our bikes are fitted with GPS trackers. If data shows that the motorcycle has been ridden on prohibited or on not permissible or unauthorised routes, at excessive averaged speeds, or generally in an irresponsible manner, you will be in immediate breach of your rental agreement in which you will forfeit your security bond which MAY NOT be released/refunded or MAY NOT be released/refunded in full. We understand the nature of motorcycle riding and although this determination will be ours to make, which you agree will not be disputed, we will not be unreasonable in this determination.
Security Bonds are per incident, which means if an accident or incident was to occur which affected your Security Bond, however you have chosen to continue on with your hire, an additional Security Bond of the same amount as the original will be processed and used in the event an additional incident or accident occurred.
General Insurance
Rent N Ride have a range of liability, contents, self and external comprehensive cover on our motorcycles and equipment to cover in full or part of any losses that we may occur. We also have under NSW legislation "CTP Green Slip Insurance" on all of our motorcycles in which we hire. However, CTP Green Slip Insurance does have its exclusions in which we and you are subject to significant loss.
What this does NOT cover (varies by State or Territory)
- Rider injury or death regardless of fault, apart from what is covered under NSW Green Slip Insurance. Note NSW Green Slip Insurance, also known as CTP Cover, does not cover you or any Passenger by default and does not provide you or any Passenger with any entitlement to recover damages in respect to death or injury to you or any Passenger of a Motorcycle if the motor accident concerned was caused by an act or omission by you or any Passenger.
- Loss of personal belongings
- Recovery costs of a motorcycle in the event a loss of key or damage, either to a repair center or back to our base.
- Loss of rental in which we must make repairs to a damaged or disabled motorcycle
What this DOES cover (varies by State or Territory)
- The damage or repairs to a motorcycle being $2000.00 or greater, up to a total loss
- Third Party Injury if not at fault (refer to legislated State and Territory CTP Cover Inclusions and Exclusions)
- Third Party Property regardless of fault (Third Party Property Cover policy on all motorcycles as a minimum)
- Legal and Professional Liability for our store locations
Rent N Ride Booking Cover
We understand there are always good intentions to commit to the chosen dates and motorcycle when booking. We also understand that there could be many reasons that these dates are not able to be met. This could be you are unwell, weather no longer permits your ride, other cancelations of any tour, or you just no longer want to hire the motorcycle for any reason, which you are not obligated under any terms to disclose to us.
We understand that booking and renting a motorcycle can be expensive, then having to forfeit that rental can be devastating and costly. For this reason we have a few options for our customers to consider.
Minimum Loss Booking Guarantee — Without Booking Cover
On booking your motorcycle and securing your dates, a non-refundable booking deposit of 30% of the total hire fee may apply. This is payable at time of booking. If things do not go to plan for whatever reason you can take comfort in that any financial loss will not exceed your 30% booking deposit. With this option, if you are unable to meet the booking date, you are also unable to reschedule or change your chosen motorcycle and your booking will be cancelled. Any further booking will incur a new 30% booking fee in which the same conditions will apply.
Flexible Booking Guarantee — With Booking Cover
Under this option, you can choose to pay an additional 10% of your total hire fee at time of booking as Booking Cover. This allows you to be flexible with chosen dates and motorcycle, pending availability of both, up to 60 days from original booking dates. This Cover however is only applicable for one change to either the dates or chosen motorcycle and will not be available for any further changes. Any further changes will result in the cancellation of the booking and loss of Booking Deposit, being the 30% + the 10% Booking Cover fee.
COVID-19 — Risk-Free Cancellations
In today's world, we have all seen times where government restrictions placed us in a position that prevented us from taking on our planned events. With this, we guarantee a refund of your booking deposit less $100 administration fee in the event you are under a government restriction which are publicly published and available for us to reference.
Your Own Travel Insurance
It must be remembered that motorcycle riding can be dangerous, be financially crippling and can also cause injury or death. Unfortunately, accidents may occur and at times through no fault of your own and completely out of your control. With this, we strongly recommend you seek Personal Travel Insurance when hiring a motorcycle from any provider. Please remember that your safety is paramount and you should always wear your helmet and suitable protective riding gear as this will be a condition of any insurance policy you choose to take out. Travel Insurance is also very handy for any losses around booking fees.
Your Luggage, Personal Belongings, Parking
Our premises are secure, gated, under CCTV and alarmed with back to base security monitoring. We also have security lockers within our premises. These are available at no costs to secure any luggage or belongings you wish to keep with us. Keys for these lockers will stay with us and handed to you on your return so you can retrieve your belongings.
We have limited gated security parking as well as in building parking. You are welcome to keep any arrival vehicle in these spaces if they are so available. We also have ample free street parking for your use, regardless of length of term.
Indemnity Release
By booking and/or renting a motorcycle from us, you agree as the signatory of the Rental Agreement that you and any passenger will not take any action or make any claim and that you indemnify/release us, Rent N Ride Pty Ltd, our third parties, employees, directors, shareholders or company affiliates of any claims or loss associated with your hire and/or transactions with us.
You acknowledge that we have not made, do not make, and disclaim any representation or warrants whatsoever, expressed or implied, with respect to the vehicle, including, but not limited to, its design, capacity, condition, merchantability, or fitness for use or for any particular purpose. You agree that neither us nor the manufacturers will be liable to you for any loss or other damages or expenses of any kind caused directly or indirectly by, or arising in connection with, the vehicle, its use, operation or failure to be maintained, mechanical failure either directly or indirectly due to parts used or repairs made, or failure of any such parts or repairs, or by any interruption of service or loss of use of the motorcycle.
You agree that motorcycle riding is a dangerous activity which could result in injury or death being at fault or not at fault in which you will take full responsibility for your actions and the actions of others that may cause loss or injury to you, any passenger, motorcycle or accessories. You must agree that you are participating at your own risk and understand the implications that can be caused by such an activity.
You understand that the nature of this activity could place you in remote areas in which breakdowns or accidents could place you abandoned with no or inadequate facilities for treatment or transport for participants of this activity which could negatively impact you especially if you find yourself injured.
You must acknowledge as part of this agreement that you understand and appreciate these concerns and take full responsibility to ensure you have measures in place to deal with these circumstances if you find yourself in them. For these reasons we highly recommend the appropriate personal Travel Insurance Cover be taken out prior to the hiring of any motorcycle.
Servicing
All our motorcycles are mechanically serviced at the required intervals and are good to go on hire. In the event you intend to travel further than 5000klm in any one hire period you would need to advise us to ensure the service intervals are not due or fall overdue through the duration of your hire. If this was to occur we will work with you to ensure the bike will be suitably serviced for your trip however this may incur a pre-hire service charge of $375.00 inclusive of GST and will require 10 days notice prior to your hire date. In the event you fail to advise us and return the motorcycle with more than 5000klm traveled a more significant service fee would apply of $595.00 inclusive of GST being the motorcycle would need further and more detailed maintenance.
Cleaning
On hiring our motorcycles you can expect them to be in good and clean condition. With this, we ask the hirer to keep our motorcycles in the same condition throughout any ride and on return. In the event a motorcycle is returned in a condition we think is excessively dirty, we will charge you and deduct from any bond a $150 cleaning fee. This determination will be completely at the discretion of Rent N Ride on return of the motorcycle.
Safe Riding and General Use of the Motorcycle
- We recommend you should not ride more than 400klm per day.
- Although the motorcycle comes with unlimited klm, there will be a pre-service fee and post service fee applicable if the motorcycle has traveled over 5000klm in any one hire. See Servicing in this schedule.
- Any ride or group of riders traveling any further than 400km, or more than 1 day, should have an organized support vehicle with a suitable bike trailer to be able to transport riders or their passengers in the event of a breakdown or accident.
- You are aware that roads in Australia are full of wildlife whom have no idea what you are, and will walk out in front of you at any time. You are aware you need to remain vigilant at all times in regards.
- You should ALWAYS wear suitably appropriate motorcycle riding gear suitable for the conditions.
- We would welcome you advising us of any planned route so we are aware of your date and where abouts and maybe be more readily available to offer any assistance that maybe required.
Tolls, Parking Tickets and Fines
Toll charges are not included in your motorcycle hire rates. Using Toll roads in Australia will incur costs to the registered owner of the motorcycle being Rent N Ride.
Using your own Toll Tag — Our preference is for you to always have and use your own Toll Pass or Tag when riding our motorcycles throughout the duration of your hire. In the event a Toll gets charged to Rent N Ride you will be liable for those fees plus a $10.00 inclusive of GST administration fee (additionally by us) for each Toll Notice.
Using Our Toll Account — In the event that you do not have a Toll Pass, or that your Toll Pass does not register with the Toll readers, our motorcycles are registered with the Toll providers and will be charged directly to us. For this reason, it is important that you ensure that either your Toll Pass (if you are in possession of one) and/or registration plate are clearly visible. If a Toll is charged to the motorcycle (us), the total of all Toll fees during the hire period will be charged to you plus a $10.00 inclusive of GST administration fee for each Toll Notice.
All charges that appear on our portals by the return date will be deducted from any pre-authorized security or bond amount held against the credit card provided at hire date. Toll charges and Fines that appear later, you authorise us to debit your card any notable charges and be identified as the rider to the appropriate department for their enforcement, if applicable.
Sealed and Unsealed Roads, Permissible and NOT Permissible Travel
Our motorcycles are hired and suitable for sealed roads ONLY. Rent N Ride do have available in their fleet Adventure Bikes which have the capacity to go off road however at this time this is NOT Permissible. It is important to note that traveling on unsealed roads elevates the risk of an accident significantly and should be avoided. This will also void your Security Bond and your full Excess, or worse the full cost of the motorcycle could then be payable in the event of an accident or damage.
It is permissible to ride our motorcycles on unsealed roads when:
- The motorcycle hired is fit for purpose by Rent N Ride and the manufacturer
- And, the motorcycle is set up by Rent N Ride for unsealed roads. IE, 50/50 Tyres.
- And, the unsealed road is a registered road which is clearly identified on Google Maps as a road
- AND, the Rent N Ride Policy allows, which at time of this agreement it DOES NOT.
Riding our motorcycles on unsealed roads is NOT permitted when:
- The motorcycle hired is not fit for purpose by Rent N Ride and the manufacturer
- The motorcycle is not set up by Rent N Ride for unsealed roads. IE, 50/50 Tyres.
- The unsealed road is not a registered road which is clearly identified on Google Maps
- While and during the Rent N Ride Policy forbids it, which at time of this agreement it DOES.
You must not at any time use our motorcycles to ride on lake beds, tidal lakes or crossings, beaches, grassed areas, snow conditions, fire trails, above any snow line or through streams, rivers, flood waters, flowing spill dams or any other body of water including any unsealed trails that are not on Google Maps as a road.
Breaching these strict terms and conditions will result in:
- The full Security Bond and/or Security Deposits forfeited regardless of accident or damage created or caused, and
- Your bike will no longer be covered meaning you will be responsible for the full cost of the motorcycle in the event of any loss, and
- You will forfeit your entitlement under our breakdown and recovery policy we have pledged, meaning not only will you be fully liable for the cost of the motorcycle but if you are to breakdown you could find that we may be unable to assist you and/or any assistance rendered by us or third parties will be at your own costs.
Breakdowns — Our Service to You
In most cases breakdowns are rare, however even though all our bikes are in good serviced condition, we also appreciate they can unexpectedly breakdown. Customer satisfaction is very important to us and we will do everything we can to ensure your experience meets your expectations.
The first and most important aspect of any decent ride (over 400klm or more than 1 day) is to have a support vehicle accompany you, your ride or tour. If riding with others, its always good to know your fellow riders have organised a support vehicle in the event of a breakdown you and your bike can continue on your journey. This will allow us more time to assist you without you having to be left stranded or separated from your group. In the event there is no support vehicle, we recommend you don't travel into areas that are too remote and stay close to large townships or capital cities where help is usually not far away.
We also recommend that you treat your bike with all necessary care and always ride with caution. This is to reduce the chance of mechanical failure and also for your own safety. Breaking down or having an accident on a motorcycle on a trip or tour is NOT fun. Always ride well within your limitations and treat the bike with respect as in most cases it will be the one you are depending on to bring you back home, on time and safe.
In the unlikely event of a breakdown we will do our best at the time to get you sorted and back on the road in the shortest amount of time possible. However, there are some conditions as follows:
- You must not be further than 150klm from our base (where you hired the motorcycle).
- You must not be on roads or areas that were not permissible to travel under this agreement.
- That you have stayed with the motorcycle and not left the motorcycle unattended or abandoned.
- If you are more than 150klm from our base, or at a location which was not permissible, if we are able to, we can organise to meet you at a chosen location to undertake repairs or bike replacement. However there will be no guarantee in this regards, with all expenses being fuel, time, accommodation and meals will be estimated prior to us making any arrangements in which if agreed by you, will be charged to you.
If you meet these conditions, we will gear up and do our best to come save you. That may include bringing parts to service or repair the bike in the breakdown location or supply you with an alternate backup motorcycle so you can continue your journey.
You will agree that in the event of a breakdown regardless of fault of machine or use, if we cannot get you back on a motorcycle to continue your journey then any days from the original breakdown will be refunded back to you. Days from original hire date to breakdown will not be refunded.
You will agree that in the event of an accident or injury regardless of fault or use, the full hire period will be charged and any days after any event will not be refunded.
You will agree that in the event of a breakdown that you will stay with the motorcycle unless otherwise agreed by us. Leaving our motorcycle unattended or abandoned will forfeit your full security deposit and incur further collection and retrieval costs which will be charged to you.
You will also be offered a puncture repair kit with every ride longer than 2 days at no charge. This kit can be a lifesaver as seasoned riders would know. Please ensure you keep this kit safe and feel free to use it.
Accident, Breakdown or Emergency — Contact Us
In the event of a breakdown, accident or emergency, or any other reason you feel you need to contact us, you will be given a Rent N Ride Emergency Contact Tag in which you should call us on the provided details. If there is no answer, leave a voice message or send a text message and keep trying.
Medical emergenciesPlease always ensure in the event of an emergency where you may need medical attention that your first call is to 000. Once your health has been prioritised, then you or another should contact us straight after to make further arrangements.
GPS Tracking
All Rent N Ride motorcycles are fitted with GPS trackers. This is predominantly for your safety and for us to provide the best possible service and support to you. It allows us to know where our motorcycles are at all times so we can make suitable arrangements if that need was required. The trackers also give us an indication of your permissible use which may affect your security deposit or bond. As mentioned previously in this document, we are all motorcycle riders ourselves and understand how it goes out there on the road. We will not be unreasonable in the circumstances when determining any breaches have occurred, so don't be too concerned.
General Notes
- Your hire is not on a pro-rata basis. That is, if a motorcycle is returned early, the full hire fee as per the original booking is payable.
- All returns must be returned to Rent N Ride location of original collection at the start of your hire, unless otherwise organised and agreed by us prior to the Rental Agreement date.
- Not all bikes come back from rides in perfect or repairable condition. If this was to occur on your chosen motorcycle prior to your hire date, your chosen motorcycle may no longer be available to hire. We will do our best to offer you an alternative available motorcycle in this event. In the event Rent N Ride can no longer offer the chosen motorcycle at the booking date or supply an alternate motorcycle of your liking, Rent N Ride will refund the full booking fee and any other moneys paid in advance. Rent N Ride will not be liable for any other losses incurred by not being able to meet the booking. An example of this would be if your chosen bike has been involved in an accident, written off or not returned in time for your booking, and we have no available bikes in our fleet to offer you.
Legal Agreement Extension
Terms and Conditions
The information below covers the full rental contract you will be required to sign at commencement of the rental period. We like to ensure that you have as much information in advance of your rental as possible but if there is something that isn't covered here that you would like to know, please contact us with any queries prior to signing this Rental Agreement.
Risk Warning Notice
This notice is to be strictly considered as a risk warning provided by us to you. This risk warning should be taken into account when deciding whether or not to transact with us in relation to our services. This notice cannot disclose all the risks associated with motorcycle riding or any related activity. You should refrain from entering into any transaction with us unless you understand the nature and the extent of your exposure to the risks associated with motorcycle riding as a recreational activity, and any potential injury which may occur.
We do not owe a duty of care to you or any other person who engages in our services.
Motorcycle riders are more exposed and risk serious injuries if they are in an accident. The risks associated with engaging in motorcycle riding may involve, but not be limited to any accident where you, an additional rider, a pillion passenger, and any other person, may be exposed to the risk of suffering from injury or death.
1. Interpretation
1.1 In this agreement, the following words and expression have defined meanings.
- "Additional Rider" means the person authorised and listed as the Additional Rider in this Agreement.
- "Agreement" means this Rental Agreement and includes these terms and conditions and the information written on any other document included as part of this agreement including any front or back pages of this agreement.
- "Booking Deposit" means any amount held in accordance with this Rental Agreement payable at the time of booking in order to secure your reservation, which are in addition to any Security Bond or Security Deposit, are a percentage of your booking fee and are non refundable.
- "Bond" means the amount payable by the Hirer as security for and under this Rental Agreement.
- "Damage" means any injury or damage to the Motorcycle and includes loss and/or theft of the Motorcycle or any part of it, including any Equipment.
- "Depot", "Base" or "Location" means the Rent N Ride building in which you collected your motorcycle or location identified as the Rent N Ride location on your Rental Agreement.
- "Equipment" means any additional Equipment selected or listed that is hired by the Hirer from the Supplier as part of the hire.
- "Excess" means the amount payable if any damage is caused to the Motorcycle and must not exceed an amount double the Bond amount.
- "Hirer" means the person or persons named as authorised Hirers under this Motorcycle Rental Agreement and only the person(s) who sign(s) this agreement shall be permitted to hire and ride the motorcycle(s) supplied under this Rental Agreement.
- "Motorcycle" means the vehicle described in this Agreement and any replacement.
- "Passenger" means any person listed as the pillion passenger who must be 8 years old or over, and their feet must be able to reach the passenger footrests of the Motorcycle when seated.
- "Personal Travel Insurance" means Domestic Travel Insurance or alike taken out by the hirer as a separate transaction to Rent N Ride, with suitable coverage for the intended purpose of protecting the Hirer against an unexpected event.
- "Security Bond" means the deposit amount payable at time of booking to be made prior to, or on the day of collection of the Motorcycle.
- "Security Deposit" means the deposit amount payable at time of booking or collection for any accessory, or GPS, or Toll pass, or any other item listed within this Rental Agreement where the Supplier is entitled to request an amount in addition to the Security Bond.
- "Supplier" means Rent N Ride Pty Ltd (ABN: 49 603 524 063) as constituted from time to time.
- "Rent N Ride" means Rent N Ride Pty Ltd the Supplier.
- "Us" or "We" means Rent N Ride as the Supplier and includes our services, our store, our staff and external contractors and providers.
- "You" or "Your" means you the Hirer or the signatory on the Rental Agreement including any additional rider and/or passenger.
1.2 Words importing masculine gender include male and female gender and words importing the singular mean and include the plural.
1.3 All amounts are in Australian Dollars and are inclusive of GST.
1.4 Where the context requires, any reference to the Hirer includes the Additional Rider.
2. Acknowledgements
2.1 Age, Licence and Eligibility
You, the Hirer, acknowledge the following conditions and make the following representations:
- You have correctly set out all the hirers particulars as part of and within this agreement;
- You must hold and provide to us with original copies of a CURRENT valid Australian State or Territory Motor Cycle Riders License;
- If not an Australian License, the rider(s) must comply with Australian licencing requirements in the State or Territory in which they are riding the motorcycle. This may vary between States;
- You must not be a Restricted, Learners or Provisional License Holder of any kind;
- You must be at least 25 years of age at the date of commencing this hire;
- You have suitable licensed riding experience on an equivalent Motorcycle as to what you are hiring;
- You have the suitable training and understanding of the hired Motorcycle, its size and operating characteristics, and possess the necessary skill, confidence and knowledge to operate the Motorcycle in a safe manner;
- You will wear the appropriate legal helmet that complies with AS/NZS1698:2006 (or later) standard at all times;
- You will wear suitable protective clothing, including but not limited to boots suitable for riding, long pants or jeans, and suitable eyewear at all times when riding to minimise any exposure to injury or death;
- You do not suffer from any pre-existing injury or medical condition which may restrict or affect your physical or mental ability to ride the Motorcycle in any way;
- You must provide to us any additional form of ID, such as a Medicare Card;
- You must bring a suitable credit card (Visa or Mastercard) for the processing of the Security Bond at the time of hire motorcycle collection, with suitable cleared funds for any holding deposits, bonds or payments; and
- You cannot leave our premises with a motorcycle unless all of the conditions above are satisfied.
2.2 You acknowledge that the Motorcycle:
- has been inspected by you and found to be in an acceptable, safe and satisfactory condition for the purpose;
- is provided to you at the date of hire in good mechanical order and condition; and
- is suitable and appropriate for your intended use.
2.3 You acknowledge that you have not relied on any representations by us as to the suitability of the Motorcycle for your intended use and that you (and any other rider) possess the ability and suitable experience for the chosen Motorcycle.
2.4 You irrevocably agree to all the terms and conditions within this Rental Agreement and any annexure that accompanies it.
2.5 You acknowledge that you have read, understood and accepted all associated documents and policies including our Privacy Policy.
2.6 You acknowledge that each of the parties hereby irrevocably and unconditionally submits to exclusive jurisdiction of the courts of the State of New South Wales with respect to any and all actions or proceeding to be litigated relating to this Rental Agreement.
Helmets and Accessories
2.7 You are responsible for the correct fitting and use of accessories. You will be liable for the full replacement cost up to $1,000.00 per item (relevant to the cost of the item) in the event that any of these accessories are lost, stolen or damaged. Any full and replacement costs which are incurred will be in addition to your Security Bond and Security Deposit if these are already exhausted by any other means.
2.8 You agree that if any helmet or accessory is hired or purchased from us that you accept full responsibility that the helmet or accessory is the correct fit and suitable for the intended purpose. We take no responsibility in this regard and you indemnify us against any liabilities in any way arising from or in connection with the inadequate size of fitment or suitability of any helmet or other motorcycle accessories hired or sold to you by us.
3. Inclusions, Exclusions & Optional Extras
3.1 Inclusions
On hiring any motorcycle from us you acknowledge that the following is included in your hire fee:
- A motorcycle or more than one motorcycle if applicable;
- Unlimited kilometres for the duration of the agreed hire period;
- A full tank of fuel;
- A complimentary Rent N Ride T-Shirt and Cap;
- A NSW registered Motorcycle from our fleet inclusive of NSW Third Party CTP (also known as Green Slip) as well as Third Party Property Damage Motorcycle Insurance (with limited cover);
- A steering or Disk Lock or both suitable to the motorcycle;
- Breakdown Assistance (limited as per Rent N Ride Breakdown terms); and
- Any Saddle Bags, hard or soft Panniers, tool kits etc. This will depend on the configuration of your chosen motorcycle, you may be provided with a saddle bag, hard or soft panniers or a tool kit.
Your hire fee is inclusive of any taxes, daily damage or loss premium fees and Goods and Services Tax (GST).
3.2 Exclusions
On hiring any motorcycle from us you acknowledge that the following is excluded from, and are to be charged in addition to your hire fee:
- Fuel if not returned full, the Motorcycle will require filling and will be subject to a fuel charge of $3.00 incl. GST per litre;
- Any costs you or we may incur due to punctures or any other tire damage during the hire period; and
- Bike cleaning costs.
3.2.1 You acknowledge that you must pay all parking, speeding and traffic infringements and tolls in respect of the Motorcycle during the rental period.
3.3 Optional Extras
The following optional accessories may be hired at an additional fee:
- Helmet,
- Gloves,
- GPS device,
- Quad Lock Phone or GPS Holder,
- Wet Weather Gear Coverall Set,
- Leather Jackets, Riding Dragon Jean Pants, Boots.
3.3.1 All optional accessories mentioned above will be subject to availability and confirmed within three (3) days after your booking.
3.3.2 If any of the above accessories is returned in an excessively dirty condition that, in our reasonable view, requires extraordinary cleaning or de-odorising (including any professional cleaning or smoke extraction), you will be liable for the full cost of this cleaning or repair, a reasonable administrative fee reflecting the cost of making arrangements for cleaning or de-odorising.
3.3.3 You agree as the signatory of the Rental Agreement that you are solely responsible for the Motorcycle keys and any other keys provided to you in order to operate the Motorcycle and any accessories including but not limited to luggage carriers, panniers, wheel or disk locks or steering locks. Should any of these be lost, you the Hirer are liable for any related costs to replace, repair, recover the said equipment or the Motorcycle due to the loss of this equipment. You may also be liable for any losses to us for the loss of further rental resulting from being unable to utilise the Motorcycle.
3.3.4 If you have selected to hire and have been provided with a GPS and/or cradle you will be required to grant us approval to take an additional $750.00 holding deposit on the credit card provided, to be fully released on the basis the product is returned to us in a satisfactory condition.
3.3.5 As these issues/losses can quite easily occur, sometimes through no fault of your own, as you are solely liable regardless of fault for these losses, it is our recommendation that if you see it feasible, which would be likely on any lengthy hire or trip, that you should seek a separate travel insurance policy of your own to avoid any unexpected losses.
4. Use
4.1 You must at all times agree to all of the following:
- Keep the Motorcycle secured and the keys under your control at all times;
- Only use the correct fuels and oils suitable to the make and model of the Motorcycle;
- Operate the Motorcycle in a manner that is cautious, prudent and skilful;
- Employ appropriate defensive riding techniques at all times;
- Ride the Motorcycle only on properly formed roads that are designed for the carriage of vehicles, that are not any road surfaces identified in 4.2(l) of this agreement;
- Check daily oil and coolant levels and tyre pressure and top up or adjust if necessary;
- If involved in an accident, you must immediately advise us as soon as practical after calling 000 and report to the police and seek the appropriate emergency services if required at that time; and
- You must take and follow any additional instructions from us at that time, and if possible, assist us with any suitable assessment and actions.
4.2 You must not at any time do any of the following:
- Allow any other person to ride or operate the Motorcycle who is not designated as an approved Additional Rider in this agreement;
- Ride or use the Motorcycle whilst under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Motorcycle is ridden;
- Allow the Motorcycle to be taken outside the state of NSW, VIC, SA, QLD, ACT or TAS (NT and WA are currently excluded from our services, use of the Motorcycle in any excluded states or territories is strictly prohibited);
- Use or allow the Motorcycle to be used in any manner that is likely to result in damage to the Motorcycle;
- Use, or allow the Motorcycle to be used, for any illegal purpose, or for any race, contest, rally, speed test or performance test of any kind;
- Use the Motorcycle for any form of practice or rider training, skill development course or session;
- Use the Motorcycle to tow another vehicle or trailer, or carry a passenger or load greater than that for which the Motorcycle was manufactured;
- Sublet or rehire the Motorcycle;
- Use the Motorcycle for tours or any other activity which may entitle you to a profit;
- Use the Motorcycle to carry passengers or provide deliveries for payment of any kind;
- Use the Motorcycle to transport goods without our written consent;
- Use the Motorcycle on any fire trails, gravelled or dirt roads, beaches, grassed areas, above any snow line or through streams, rivers, flood waters or any other body of water; and
- Work on, repair, service or adjust any part of the motorcycle unless you have explicit permission from us in writing. This is with the exception of general rider maintenance like but not limited to that described in clause 6 of this agreement.
5. Accidents & Your Obligations
In the event of any accident, YOU MUST:
- Notify us of the full circumstances as soon as possible;
- Promptly notify the Police in the relevant State or Territory if the accident involves injury, or otherwise if required by law;
- Record full details of all parties, witnesses to and any other motor vehicles involved in the accident;
- If possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, the Hirer must if required by the supplier obtain and provide the supplier with a copy of the Police report;
- Where practical take photographs of the accident scene, including the damage to all vehicles;
- When requested supply all information to Rent N Ride and their representatives; and
- Ensure that the motorcycle is never left unattended or is abandoned (forfeiture of security bond and collection costs apply).
6. Repairs and Maintenance
6.1 You must:
- Check the oil level and tyre pressure each morning and replenish as necessary to manufacturer requirements;
- Immediately inform us in any event where the Motorcycle has mechanical problems, or is involved in an accident; and
- Comply with all directions by the Owner as to the repair or return of the Motorcycle.
6.2 You must not carry out, or arrange to have any repairs carried out to the Motorcycle, even if you are qualified to do so.
7. Returning the Motorcycle
7.1 You must return the Motorcycle:
- In a good and clean condition; and
- With a full tank of suitable fuel;
- To our Depot or another location as otherwise agreed;
- On the date and time agreed to in writing in the Rental Agreement; or
- On demand from us for any other valid reason.
7.2 If the Motorcycle is returned in an excessively dirty condition that, in our reasonable view, requires extraordinary cleaning or de-odorising (including any professional cleaning or smoke extraction), you will be liable for the full cost of this cleaning or repair and a reasonable administrative fee reflecting the cost of making arrangements for cleaning.
7.3 If any extension of the due time is required, you must give a minimum of 12 hours prior notice and obtain our written consent. We are not obliged in any way to agree to a request for an extension.
7.4 Late returns after the return date will be charged at full day hire rates each and every day until the Motorcycle is returned to us at the agreed location.
7.5 Late returns in and during the return date will incur an hourly penalty rate, charged and equal to 25% of the one day hire rate per hour.
7.6 If the Motorcycle is not returned by you on the due day and time (whether late or not) it is deemed to be stolen and we may take appropriate recovery action, including notifying the Police that the Motorcycle has been stolen by you.
8. Daily Kilometres
8.1 Normally upon hiring a Motorcycle from us, you are entitled to unlimited kilometres, however if noted otherwise, you must pay for kilometres travelled in excess of the daily allowance as shown on this Rental Agreement.
9. Repossession
9.1 We are entitled to repossess the Motorcycle without notice to you if we genuinely believe that you have breached any term of this Rental Agreement.
9.2 We may take whatever steps we deem necessary to recover the Motorcycle.
10. Security Bond, Security Deposits and Booking Deposits
10.1 Security Bond
10.1.1 The amount nominated by us including any option subsequently provided by us and agreed to by you as a Security Bond is payable on the day of collection of your motorcycle unless prior arrangements are made.
10.1.2 The cost of this Security Bond will vary depending the Motorcycle you hire.
10.1.3 Your pre-authorised Security Bond amount will be cancelled as will any security bond processed payment be refunded to your credit card on the date or due date on the safe and good condition return of the Motorcycle and in accordance with the other terms and conditions of this Rental Agreement and subsequent documents.
10.1.4 This Security Bond will be pre-authorised against your provided credit card providing the rental period is under 14 days.
10.1.5 If the rental period is 14 days or longer the Security Bond will be processed as a payment from your credit card.
10.2 Security Deposits
10.2.1 An additional Security Deposit is required for any accessory, or GPS, or Toll pass, or any other item listed where the Supplier is entitled to request any additional amounts under this Agreement. Security Deposits are in addition to your Security Bond and will be forfeited in the event of a breach.
10.3 Booking Deposits
10.3.1 Booking Deposits are deposits payable and held in accordance with this Agreement, which may include associated documents, at the time of booking in order to secure your reservation. Booking Deposits are in addition to any Security Bond or Security Deposit.
10.3.2 Booking Deposits are calculated on a percentage basis of your booking fee and are non refundable.
10.3.3 In the event where you have chosen a flexible option at time of booking, you may be entitled to a refund.
10.3.4 You will be subject to forfeit the Booking Deposit in the event you become unwell, weather no longer permits your ride, other cancellations of any tour, or you just no longer want to hire the motorcycle for any reason and decide to cancel or not show up for your booking.
11. Insurance
11.1 You are responsible for any Damage caused to the Motorcycle during the term of the Hire.
11.2 You must pay the Excess amount shown on this Agreement as advised on booking regardless of fault in respect of the cause or Damage in the event Rent N Ride must make a claim on its policies. In regards to these policies to cover loss or damage of the motorcycle, we also provide you with the option to reduce your Standard Excess by 50% (bringing this equal and not exceeding your Security Bond) by paying an additional daily non-refundable reduction fee. This option can be found and chosen in the individual bike page of your chosen motorcycle. For your piece of mind, providing all the conditions of this Rental Agreement and the Terms and Conditions of any annexure to this agreement have been satisfied, as well as you have chosen the option to reduce your Excess and paid the additional daily fee, the Standard Excess in the event Rent N Ride needs to make a claim for damage or loss, will not be greater that the Security Bond Allocated.
11.3 The Excess is payable by you to us in respect of each separate accident or incident.
11.4 We are not liable to reimburse you for an Excess amount paid.
11.5 You may be required to pay us damages in addition and greater than the Excess amount if you are found to have broken any law, or any written condition of this contract. Additional damages that exceed the noted Excess may be in addition to any Security Bond amounts held.
12. Payment, Other Charges and Collections
12.1 You agree to pay to us on demand all monies for which you are liable under this Rental Agreement upon the due date for return of the Motorcycle to us.
12.2 The amount payable by you is the total sum of the:
- Ordinary rental charge at the daily rate (minimum 24hrs/1 day);
- Equipment hire costs;
- The daily excess kilometre rate (if applicable);
- The late return charge;
- The refuelling charge;
- The Security Bond, if forfeited to us;
- Any Security Deposits, if forfeited to us;
- Any Booking Deposits, if forfeited to us;
- Any Premiums or Reduction fees payable at time of hire;
- The Excess if the Motorcycle is damaged;
- Merchant fees of 3% to recover fees charged to us by any merchant;
- GST; and
- Any other amount which we are entitled to recover from you under this Rental Agreement.
12.3 You must pay GST to us if we make a taxable supply to you.
12.4 You authorise us to charge all payments due by you to your credit card, the details of which are supplied by you on the front of this Rental Agreement.
12.5 You are responsible for, and must pay, all fines, levies, taxes, tolls, speeding and parking tickets and similar charges.
12.6 Other Charges
Recovery costs — if outside the serviced area (noted within our Breakdown, Our Service to You policy) or in a not permissible location (noted within our Permissible and NOT Permissible Travel policy), both noted within our Website Terms and Conditions Explained document as well as section 4 "Use" of this Rental Agreement:
- In the event we are called out to repair or replace the Motorcycle or to collect an abandoned or unrideable Motorcycle a $200.00 call out fee plus $100.00 per hour rate incl. GST will apply for us or our representative to travel from our base to the location of the Motorcycle, to make necessary repairs, replace or collect the Motorcycle and travel back to our Depot. The total of hours including the above are chargeable to you and recoverable by us.
- You also agree to any additional costs incurred by us to repair, replace or collect a Motorcycle which we have supplied to you, such as but not limited to towing, salvage, accommodation, meals and anything incurred by us in the course of recovery (if outside the serviced area or in a not permissible location).
- You acknowledge that these charges are in addition to any Security Bond payable which has been or is presumed to be exhausted.
12.7 Collections — You agree to pay the following:
- All charges, fees and expenses, including payment for loss or damage to the Motorcycle which are reasonably due at our demand.
- If you do not pay any or all of the charges when due, you agree that we are entitled to charge interest of 20 percent (20%) per month calculated on a daily basis for all outstanding charges.
- In addition to the clause above, if you fail to pay any amount due under the terms of this Rental Agreement, you will be liable and will be required to pay any collection costs, including any reasonable solicitors fees.
12.8 Credit Card Charges — You acknowledge that:
- You have been informed that your credit card company may charge, set aside or reserve an amount up to the estimated total charges due under this Rental Agreement, and you hereby expressly consent to the reservation or settling aside of that amount.
- Your signature hereon authorises us to charge the charge card presented by you to us for payment, for any and all other charges arising from the terms and conditions of this Rental Agreement.
13. Losses and Damage
13.1 We are not responsible or liable to you in any way for any injury, loss, damage or costs incurred by you as a result of:
- Any act or omission by you;
- Any act of omission by us, whether negligent, reckless or wilful;
- Any act or omission of a third party; and
- Any mechanical breakdown or theft of the Motorcycle during the term of the Hire.
13.2 You must not make any claim against us in respect of any loss of this nature.
13.3 You are solely responsible for all costs of and/or incidental to any injury, loss or damage arising to us or you where you have been found to have broken any law, or any written condition of this Rental Agreement, or where you have been involved in a motor accident caused by an act or omission by you.
13.4 You acknowledge that CTP Insurance, which is mandatory in each state, does not cover you or any Passenger by default and does not provide you with any entitlement to recover damages in respect of the death of or injury to you if the motor accident concerned was caused by an act or omission by you.
13.5 You acknowledge that CTP Insurance, which is mandatory in each state, does not cover you or any Passenger by default and does not provide the Additional Rider with any entitlement to recover damages in respect of the death of or injury to the Additional Rider if the motor accident concerned was caused by an act or omission by you or the Additional Rider.
13.6 You understand and agree that:
- Without limitation, you are fully liable and responsible for the condition of the Motorcycle on and until its return, and if the Motorcycle is stolen or damaged irrespective of your negligence or misconduct.
- You understand and agree that, subject to the purchase of any additional coverage, if you breach any of the terms and conditions of this Rental Agreement and associated documents you will pay in addition to any Security Bond(s) or Security Deposit(s) held by us, the sum of: (i) the fair market value of the Motorcycle before theft or damage less its salvage value, and (ii) an amount reimbursing us for loss of use of the Motorcycle based on reasonable downtime (except for theft where the Motorcycle is not recovered), and (iii) all towing and storage charges.
If you believe your responsibility for the loss is covered by your own insurance or your credit card issuer, then you must seek that cover of your own accord.
13.7 You authorise us in addition to collect any loss directly from a third party responsible for the loss. You also acknowledge the following conditions:
- We will refund to you any sum we collect in excess of the loss;
- Without releasing you from any obligation, you understand and agree that the Security Bond will be returned only if the Motorcycle is returned in the same condition that you had received it, except for ordinary and reasonable wear; and
- If the Motorcycle is returned in a damaged condition, you agree to pay us for all damage to the Motorcycle, all parts and labour charges incurred to repair such damage and all Loss of Use as a consequence of such damage up to the amount of your Security Bond held by us, unless any of the terms or conditions of this Rental Agreement have not been met in which if these costs are higher than your Security Bond held, your liability will be in addition to that Security Bond amount held.
You further acknowledge and agree that we are entitled to deduct from the Security Bond the amount of all such damage and if there is any breach to this Rental Agreement or associated documents that you will be responsible for the amount by which the amount of such damage exceeds the Security Bond.
14. Storage and Damage to Property
14.1 You agree that we are not to be held responsible in any way for the loss or damage to any property left, stored, or transported by you, or any other person, in or upon the Motorcycle, or on our premises, or received or handed to you by us, either before or after the return of the motorcycle, regardless of who is at fault. You indemnify us from and against any claim, demand, and/or cause of action brought by others for any such loss or damage.
15. Release
15.1 In an attempt to make clear and issue a covering indemnity, you indemnify and issue to us the following release of liability:
I, on my own behalf and on behalf of my personal representatives, in consideration of the rental of and/or the permission to ride on the Motorcycle supplied by you, the Supplier, waive, release, discharge, covenant not to make any legal claim and agree to indemnify, defend and hold harmless you and the manufacturers, and any respective director, officer, employee, agent, affiliate, from and against any and all demands, claims, damages, losses, liabilities, lawyer fees, legal proceedings, whether civil or criminal, penalties, costs, fines, or other sanctions of any kind, that may be incurred by or accrue against any released party directly or indirectly arising out of or relating in any respect to:
- the rental, use or operation of the Motorcycle by me or any other person; and
- if applicable, my participation in a motorcycle touring event (the "Tour") conducted by you or your agents or representatives; or
- any aspect of the receipts or other materials provided to me in the transaction; or
- any efforts you make to collect amounts owed, or otherwise to enforce this agreement.
I acknowledge that this indemnity and waiver and release will include, but not be limited to, any alleged injury, damage or loss to me or any person, rights or property ("alleged injury") which may be caused by any act, or failure to act by any released party, by another participant on a tour, or any other party.
This indemnity and waiver and release will apply to any alleged injury sustained by me before, during, or after the rental period, including but not limited to any alleged injury related to the design, manufacture, repair, operation or maintenance of the vehicle or the conditions under which the Motorcycle is used, and any alleged injury resulting from or caused by any act or omission constituting a breach of my obligations under this agreement and/or any other agreement by and between me and you.
I WARRANT that I acknowledge, understand and agree that you and the manufacturer of the Motorcycle and its affiliates (the "manufacturers") have not made, do not make, and disclaim any representation or warranty whatsoever, express or implied, with respect to the Motorcycle, including, but not limited to, its design, capacity, condition, merchantability, or fitness for use or for any particular purpose.
I agree that neither you nor the manufacturers will be liable to me for any loss or other damages or expenses of any kind caused directly or indirectly by, or arising in connection with, the Motorcycle, its use, operation or failure to be maintained, mechanical failure either directly or indirectly from parts used or repairs made, or failure of any such repairs, or by any interruption of service or loss of use of the Motorcycle.
I acknowledge and understand that this waiver, release and indemnification extends to and releases and discharges any and all claims I or any other person have or may have against the released parties arising out of the rental, the use and/or the operation of the Motorcycle, or any use by any other person of the Motorcycle, including without limitation all such claims resulting from the negligence of any released party or arising from strict product liability or resulting from any breach of any express or implied warranty by and any released party.
I specifically intend this release to be enforceable regardless of whether such claims now exist or hereafter arise or are known or unknown, contingent or absolute, liquidated or unliquidated or foreseen or unforeseen or arise by operation of law, under any State or Territory; provided however, this indemnity and waiver and release does not release you from any liability that is caused by your intentional misconduct or from any other liability that cannot be effectively released by me under applicable law.
Without limitation to the foregoing, I agree that if for any reason any unauthorised rider or passenger violation should operate or ride on the Motorcycle in violation of the terms of this agreement, I agree to release, waive, discharge, covenant not to make any legal claim and agree to indemnify, defend and hold the released parties from and against any and all liabilities that may in any way accrue against any released party directly or indirectly arising out of or relating in any respect to the unauthorised rider or passenger violation, including, but not limited to, any liabilities relating to any injury or death to the unauthorised rider or passenger.
15.2 I acknowledge and understand that by signing this release I agree that:
- I have read the risk warning notice and understand the nature and the extent of my exposure to the risks associated with motorcycle riding as a recreational activity, and any potential injury which may occur.
- I will not make any legal claim on any or all of the released parties for any injury or death to myself, my rights or other property, or to any other person or such person's property resulting from or arising out of my rental, my use or operation of the vehicle, or any use by any person of the Motorcycle.
- I have made all necessary queries to you in writing of any written term or condition of this Rental Agreement prior to collection of the Motorcycle.
- I irrevocably agree to and am legally bound by all the terms and conditions within this Rental Agreement and any annexure that accompanies it.
- I am at least 25 years of age or older.
- I hold an unrestricted Motor Cycle Riders Licence in an Australian State or Territory or any other licence from an alternate country (acceptable to Rent N Ride) that permits me to ride on Australian roads under Federal and State and Territory road rules.
- I have at least 2 years licensed riding experience on an equivalent Motorcycle as to what I am hiring.
- I have the suitable training and understanding of the hired Motorcycle, its size and operating characteristics, and possess the necessary skill, confidence and knowledge to operate the Motorcycle in a safe manner.
- I will wear the appropriate legal helmet that complies with AS/NZS1698:2006 (or later) standard at all times along with suitable protective clothing and eyewear to best minimise any exposure to injury or death.
- I do not suffer from any pre-existing injury or medical condition which may restrict or affect my physical or mental ability to ride the Motorcycle in any way.
- I must bring a suitable credit card (Visa or Mastercard) for the processing of the Security Bond at the time of hire Motorcycle collection, with suitable cleared funds for any holding deposits, bonds or payments.
- On booking my motorcycle, I will be charged a non-refundable booking fee of 30% of the total hire amount of the Motorcycle, including any additional extras or add on's like riding gear and/or accessories.
- In addition to the Security Bond I may be charged any applicable extras like, cleaning costs, fuel, tolls, traffic infringements or enforceable penalties, parking fines, and GST.
- I am required to pay the remaining 70% of the total hire amount prior to or on the day of collection of the Motorcycle.
- I have been informed of my options concerning general cover offered by Rent N Ride, and I understand that I may not be covered for any of the following: (i) injury or death regardless of fault; (ii) loss of personal belongings; (iii) recovery costs of the Motorcycle including loss of key or any other damage where repair is required; and (iv) loss of rental.
- I acknowledge it is highly recommended by the Supplier that I take out and supply a copy of my suitable Personal Travel Insurance documentation in my name.
- I have inspected the Motorcycle I am hiring from you and found it to be: (i) in an acceptable, safe and satisfactory condition of the purpose I require; (ii) in good mechanical order and condition; and (iii) suitable and appropriate for my intended use.
- I have been provided with sufficient opportunity to reject the Motorcycle I am hiring and seek a replacement of similar value or request a cancellation.
- I acknowledge that I have not relied on any representations by you as to the suitability of the Motorcycle for my intended use.
- I acknowledge that I have read, understood and accept all associated documents and policies including your Privacy Policy.
- I acknowledge that each of the parties hereby irrevocably and unconditionally submits to exclusive jurisdiction of the courts of the State of New South Wales with respect to any and all actions or proceeding to be litigated relating to this Rental Agreement.
- I have read, understand and accept all terms stated within the Website Terms and Conditions Explained document and have executed such document, which forms an annexure to this Rental Agreement.
You are signing this document as the Rent N Ride Rental Agreement together with any other Annexure attached with and signed by you.
Executed as a Rental Agreement
Signed by — You, the Hirer and Additional Rider
Signature of Hirer
Full Name of Hirer, Signatory (Print)
Signature of Additional Rider or Pillion Passenger
Full Name of Additional Rider or Pillion Passenger (Print)
Date
Executed by Rent N Ride Pty Ltd
Director / RNR Authorised Representative — Signature
Director / RNR Authorised Representative — Print Name
Date