TEAMS AND CONDITIONS OF MOTORCYCLE RENTAL
1. (a) In this Agreement the following words and expressions shall have the following meanings:-
(i) “Agreement” means this motorcycle Rental Agreement and includes these Terms and Conditions and the information written on the front of this Agreement.
(ii) “Owner” means ULTIMATE EXPLORER KNIGHTHOOD PTY LTD. trading as “UEK" Motorcycle Rentals.
(iii) 'Renter" means the person named on the front of this Agreement and who signs the Agreement as Renter.
(iv) 'Vehicle' means the motorcycle described on the front of this Agreement.
(v) "Damage" means and includes damage and loss or theft of the Vehicle and the Accessories or any part thereof including but without limiting the generality of the foregoing, tyres, tools, helmets, gloves, carrybags, wet weather items, tents, sleeping bags and trailer.
(vi) "Accessories" means those items shown as Accessories on the front of this Agreement and where the context so requires, shall be included in the definition of "Vehicle."
(b) throughout this Agreement, except where the context otherwise requires or indicates, the following additional provisions in relation to the construction of this Agreement shall apply.
(i) a reference to singular number includes a reference to the plural number and vice versa.
(ii) every covenant expressed or implied.in this Agreement and by which more persons than one covenant shall bind such persons and every two or greater number of them jointly.
(iii) a reference to any party includes their respective successors, permitted assign, receivers and administrators (as the case may be).
2. (a) The rental period will commence from the time and date shown on the front of this Agreement and will conclude when the renter returns the Vehicle and Accessories to the owner, or the owner repossesses the Vehicle and Accessories, or the Owner is satisfied that the Vehicle has been destroyed (as the case may be). (b) The Renter agrees to return the motorcycle to the Owner at the agreed time, date and location. Any alteration to this agreement shall be notified to the Owner and the Owners permission received.
(c) If notification is not given to the Owner of any extension to the due time of return of the Vehicle within 12 hours of that time and date, the motorcycle shall be deemed to be stolen and the owner shall take appropriate action including informing the police.
3. The minimum rental will be that applicable to a rental period of 24 hours. The rental fee to be paid will be for the time the Vehicle is in the possession of the Renter and not for the time the Vehicle is used by the Renter.
4. The Renter is responsible for any damage sustained to, or loss incurred to, or theft of the Vehicle and the Accessories. The Renter will reimburse the Owner for the full replacement cost or repair (as the case may be) of the Vehicle or the Accessories if either the Vehicle or the Accessories or any of them have to be repaired or replaced (as the case may be). The cost of repair or replacement may be deducted from the deposit by owner without limiting the Owners rights to recover any excess from the renter.
5. The Renter will be responsible for all charges and expenses incurred by the Owner or the Renter in relation to the delivery or the return of the vehicle or the Accessories, except where such charge is incurred as a result of the reasonable wear and tear of the Vehicle.
6. The Renter will be responsible for any damage sustained or loss incurred to any person or property caused by the Vehicle or the Accessories and the use thereof for any reason what so ever. The Renter will indemnify and keep indemnified the Owner against all claims, costs and expenses in relation thereto.
7. (a) If the Vehicle has mechanical problems or is involved in an accident, the Renter must immediately inform the Owner. The Renter will comply with all directions by the owner as to the return of the Vehicle. The Renter must not carry out, or arrange to have carried out, repairs to the Vehicle unless otherwise directed by the Owner. The Renter will be responsible for the cost of all repairs to the Vehicle and the Accessories, except for repairs required by reasonable wear and tear.
(b) If the Vehicle is involved in an accident the Renter will complete an accident report form within 24 hours of the accident to be provided by the Owner. The Renter will also comply with all requests by the Owner to provide assistance in any litigation or investigation relating to such damage or accident.
8. The Owner will not be responsible to the Renter for any loss incurred by the Renter as a result of mechanical breakdown of the Vehicle. The Renter will not make any claim to the Owner in respect of any such loss.
9. The Renter will clean the Vehicle and the Accessories in a proper and workmanlike manner. If the Renter fails to do this then the Owner will be entitled to deduct the cost of such cleaning from the deposit.
10. The Renter must not:
(a) part with the possession of the vehicle.
(b) allow any person other than the renter to drive (i.e. control or operate) the Vehicle.
(c) carry a pillion passenger unless the motor cycle is fitted with pillion foot rests and seat.
(d) use the Vehicle for any purpose or business which will profit the Renter unless the Owner is informed.
(e) ride the Vehicle under the influence of any drug or with a blood alcohol level higher than the level permitted by the laws of the State in which the Vehicle is being ridden.
(f) carry volatile liquids, gases, explosives, corrosive or inflammable materials, illegal substances, or any load greater than the one for Which the Vehicle was constructed.
(g) use the Vehicle for any illegal purpose.
(h) use the Vehicle for speed, or reliability, time trials of any kind, or for races, enduros or contests unless the Owner is informed.
(i) use the Vehicle or permit it to be used in any manner that is likely to result in damage to the Vehicle.
(j) use the Vehicle or permit it to be used in a damaged condition.
11. The Renter must:
(a) comply with the provisions and rules of all statutes and regulations in force in relation to the riding of motorcycles.
(b) ride and maintain the Vehicle in a cautious, prudent and skillful manner.
(c) deliver the Vehicle and Accessories to the Owner at the end of this Agreement in good repair.
(d) the Renter must nominate the area of use of the Vehicle and not use or allow use of the Vehicle outside the following designated areas.
Area A; Sydney metropolitan area within Palm Beach, Penrith and Sutherland. Area B; The area bounded by Kempsey, Tamworth, Dubbo, Canberra and Batemans Bay. Area C; The South Eastern Australian mainland in the area east of the line from Rockhampton to Adelaide. Area D; Special provisions Tasmania, Alice Springs, Cairns
(e) pay any fine or penalty incurred during the term of this Agreement and reimburse the Owner for any price or penalty (including legal, administration fee and court costs) incurred by the owner and which relates to the Renter's possession of the Vehicle pursuant to this Agreement.
12. The Renter warrants that:
(a) the particulars provided in this Agreement are correct.
(b) he is the holder of a current and valid NSW motorcycle riders licence or equivalent which has been in force for a continuous period of not less than twelve (12) months prior to the date of this Agreement.
13. The Renter acknowledges that:
(a) the Vehicle is in good mechanical order and condition.
(b) the Vehicle is suitable for the purpose, use or operation required by the Renter.
(c) he has not relied on any advice or representation by the Owner as to the suitability of the Vehicle for the purpose required by the Renter.
(d) the Vehicle is insured for Third Party Property insurance only.
(e) he has no authority to pledge the Owners credit for repairs or towing charges, or to create a lien, in respect of the Vehicle.
(f) he has been given the opportunity of reading these terms and conditions before signing this Agreement.
14. (a) The Owners shall have absolute discretion in acceptance of the Rental proposal with regard to skill level and experience of the rider and proposed use and area of use of the Vehicle.
(b) The Owner shall be entitled to repossess the Vehicle and Accessories immediately and without notice if the Renter breaches any term of this Agreement or if the Renter (being natural person) is made bankrupt or enters into any arrangement or composition with or assigns his assets to his creditors or if the Renter (being a company) has an order made or resolution passed relating to the company. The Owner may take whatever steps are necessary to enable the owner to recover the Vehicle and Accessories and the Renter hereby indemnifies and will keep indemnified the Owner against all claims for damages arising out of any action, by the Owner pursuant to this Clause.
TEAMS AND CONDITIONS OF MOTORCYCLE RENTAL