Southern Riders Tasmania ABN 799 677 62606

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MOTOR CYCLE RENTAL AGREEMENT TERMS 2019

This is an agreement between You, the hirer and rider (and any authorised rider identified on the Rental Agreement and who has signed the waiver and experience declaration form), and Us (Southern Riders Tasmania) to rent the Motor Cycle described in the Rental Agreement. These Terms and the Rental Agreement comprise the overall agreement (Rental Agreement) You have with Us for the rental of the Motor Cycle.

1. RENTAL OF MOTOR CYCLE

You agree to rent from Us the Motorcycle for the amount and period(s) of time set out in the Rental Agreement.
The Motor Cycle remains Our property at all times and for the duration of this agreement.
You must hold a motorcycle licence that is current and valid for the type of motorcycle being rented. International licenses are acceptable providing it clearly shows motorcycle status and contains an ID photo. If the licence is not in English then an International Riders Licence will also be required.
You must be 30 years of age or older.
You must have at least 2 years’ recent riding experience on a motorcycle of a similar power to weight ratio to the Motor Cycle (and sign a waiver and experience declaration form);
We reserve the right to refuse to rent any person a motorcycle if We consider that the rider is not appropriately licensed or does not have the necessary skills to safely operate the Motor Cycle; and
You must return the Motor Cycle with a tank full of fuel, or we will charge you for the value of a full tank of fuel (based on the current fuel prices of the closest service station to the Return Point) and a $20 refuelling fee.

2. RENTAL CHARGE AND DEPOSIT

All payments are to be made by credit card, or electronic transfer, only in Australian Dollars.
At the time of booking, You will pay a deposit of 20% of the full amount of the rental charge. The deposit is made as a part payment of the rental charge.
You will pay to Us the rental charges set out on the Rental Agreement in full prior to the commencement of the rental.

3. YOUR OBLIGATIONS

You agree:
- to ride and operate the Motor Cycle in a safe way;
- to keep and return the Motor Cycle in good order (fair wear and tear excepted);
- not alter the Motor Cycle, including any identifying markings without Our consent;
- not to attempt to sell or dispose of the Motor Cycle;
- not to allow anyone else to ride the Motor Cycle that is not listed on the Rental Agreement, unless authorised in writing by Us;
- to take reasonable care of the Motor Cycle to:
  - prevent it from being damaged
  - make sure it is protected from the weather;
  - park it in a secure location and keep the keys, immobiliser or remote control device secure and under your personal control;
- not to ride the Motor Cycle in a careless or dangerous manner, in breach of any statutes, regulations or rules, nor to operate or ride the motorcycle while under the influence of intoxicating liquors or drugs;
- not to use the Motor Cycle for any illegal purposes, any hill climbing tests, reliability trials or contests, stationary revving or burnouts;
- not to operate the Motor Cycle for excavating, digging, grading, scraping, drilling, lifting by a mobile crane, pumping, spraying, vacuuming and similar activities;
- not to carry passengers for hire or reward while using the Motorcycle;
- not to carry any passengers in excess of that for which the Motorcycle was designed for or permitted by law;
- not to carry any load greater than for which the bike and its luggage compartments were constructed;
- not to ride the Motor Cycle when it is damaged or in an unsafe condition;
- not to use the Motor Cycle for any commercial purpose;
- maintain the engine oil at the required level and maintain chain tension and lubrication.
You must pay for any unauthorised repairs to the Motor Cycle and for all parking, speeding and traffic infringements and tolls in respect of the Motor Cycle during the rental period.

4. RESTRICTED PLACES

You must not use or drive the Motor Cycle:
- Outside Tasmania or onto any other island, except Bruny Island;
- on unsealed roads other than:
- gravel surfaced highways designated ‘A’ and ‘B’ roads in Tasmania;
  - gravel surfaced highways designated ‘A’ and ‘B’ roads in Tasmania;
  - driveways to caravan parks or accommodation; or
  - as authorised by Us in writing or in the Rental Agreement prior to the commencement of the rental;
- After dark – between sunset and sunrise;
- on any fire trail, beach or through rivers, streams, creeks or tidal crossings;
- through flood waters or on any road that has been closed by the police or a government or statutory authority; and
- in any area where there is snow on the road, or where snow is likely to fall or has recently fallen.
You must not transport the Motorcycle on a ferry or ship or other watercraft without Our permission (other than the Bruny Island ferry which is permitted). Even with permission, You must pay for all ferry tickets and costs of transport of the Motor Cycle.

5. DAMAGE/ACCIDENT

Where damage occurs to the Motor Cycle or mechanical difficulties arise, or the Motor Cycle is involved in an accident:
- You will immediately notify Us and will act in accordance with Our reasonable instructions;
- If damage is caused by the misuse of the Motor Cycle or You are in breach of the Rental Agreement, and such misuse or breach has caused the damage, You will be liable for the rental charge for the remainder of the unexpired rental period, together with all repair costs, replacement parts and recovery of the Motor Cycle;
- You must obtain details of all parties involved including name, address and drivers licence numbers;
- You agree to provide all assistance reasonably required by Us, in relation to any accident in which the Motor Cycle is involved, including the provision of statements or documents and will attend court to give evidence as required and meet with Our lawyers in relation to any legal action arising in connection with the rental of the Motor Cycle;
- Regardless of the circumstances of the accident You will not admit liability to the other parties of the accident for any reason;
- You must notify the police if required under the relevant road rules;
- You must not leave the Motor Cycle unattended before the arrival of a tow truck or salvage operator except if your health or safety would otherwise be endangered; and
- You must complete and return an Incident Report Form which We will supply to You.
We reserve the right to take possession of the Motor Cycle at any time, if We become aware that You are in breach of the Rental Agreement, or that the Motor Cycle is damaged in any way, if the continued breach or use of the Motor Cycle would adversely affect the Motor Cycle and its performance.
We will conduct the post rental inspection in Your presence of their customers and allow You to take photos of any damage to the Motor Cycle.

6. INSURANCE AND LIABILITY OF RIDERS

Daily rental rates include MAIB injury insurance, comprehensive insurance on the Motor Cycle, which is subject to a $3000 excess.
We are not liable for any injury or loss suffered by You while riding the Motor Cycle and we strongly encourage You to ensure You have adequate insurance cover for travel, medical, riding and renting motorcycles in Tasmania.
If there is any damage to the Motorcycle, before charging You any amount under the excess, we will:
- obtain itemised estimates and an assessment of the damage costs;
- notify you in writing, and provide you supporting documentation to substantiate repair or replacement costs or estimates of the costs of repairs in relation to the damage; and
- provide you with an opportunity to review and dispute any claimed amount.
If any damage to the Motorcycle or third party property is caused by reckless or illegal operation of the Motor Cycle by you or any person that You allow to ride the Motorcycle, or because of a breach by You of this agreement that has caused damage to, or loss of, the Motor Cycle, then You are liable for loss of and all damage to the Motor Cycle and all damage to the property of any person which is caused by You. This may result in liability above the excess amount. Before any amount is required to be paid by You to Us, we will notify you in writing of the costs of the damage / loss, and give you an opportunity to review and dispute any costs.

7. LATE RETURN OF MOTOR CYCLE OR CANCELLATION

You must return the motorcycle to Us by no later than the return time shown on the Rental Agreement.
If You do not return the motorcycle by the Return Time on the Return Date you must pay $50 for each hour for the first three hours after the Return Time, and after that you must pay the greater of $50 for each hour after the Return Time until you return the Motor Cycle or the equivalent of one day’s daily rental charge.
Where You fail to return the Motor Cycle by the end of the Rental Period without notification to Us, We may without affecting any other rights, notify the Police or any other authority and take such action or proceedings necessary for recovery of possession of the Motor Cycle.
No fee will be payable for cancellations more than one month before start of rental period and any deposit paid will be refunded.
Cancellations less than one month before the start of rental period will have 50% of the deposit refunded (and 50% of the deposit will be retained as a cancellation fee).