TERMS AND CONDITIONS OF VEHICLE RENTAL AGREEMENT

  1. When you enter into a Vehicle Rental Agreement (VRA) with Bikescape, the Driver and any Other Authorised Driver also agree to be bound by the terms and conditions set out

PRELIMINARY REQUIREMENTS:

  1. In order to hire the Vehicle and Equipment Driver must:
    • Have held an open Motorcycle Licence for a minimum of 3 years and be aged 21 years and over; and
    • Have held an open Motorcycle Licence for a minimum of 3 years be aged 25 years and over; for a vehicle over 650 cc; and
    • Have held an open Motorcycle Licence for a minimum of 3 years be aged 25 years and over; for a vehicle over 1000 cc; and
    • Hold a valid licence which authorises the Driver and any Other Authorised Driver to drive the type of vehicle.

USE OF THE VEHICLE AND EQUIPMENT

  1. The Driver and any Other Authorised Driver, when using the Vehicle and Equipment:
    • Must comply with all road rules, and traffic laws;
    • Must wear a helmet when driving the Vehicle;
    • Must not drive the Vehicle on any unsealed road;
    • Must not encumber, sell or dispose of the Vehicle and Equipment;
    • Must not allow any person other than the Driver and any Other Authorised Driver operate the Vehicle;
    • Must not use, or allow the Vehicle and Equipment to be used, for any illegal purpose; and
    • Must not be under the influence of alcohol, drugs or have a blood alcohol or drug content exceeding the relevant legal limit;
    • Must not refuse to provide or allow the taking of a sample of breath, blood or urine for testing or analysis as required by law.
    • Must take reasonable steps to safeguard and protect the Vehicle and Equipment.
    • Must not use the Vehicle for any commercial purpose, unless expressedly agreed to by Bikescape in writing;
    • Must not use the Vehicle in contravention of any law; and
    • Must use the Vehicle and Equipment in accordance with the manufacturer’s specifications.
    • Use the Vehicle and Equipment at their own risk.

DEPOSIT AND SECURITY BOND:

  1. A non refundable booking deposit is required to reserve the Vehicle and Equipment, equal to 20% of the rental charge.
  2. A Security Bond is payable within 7 days prior to the hire of the Vehicle and Equipment.
  3. The Security Bond will be refunded within 21 days of the return of the Vehicle and Equipment, subject to the payment of all amounts payable to Bikescape under the VHA.
  4. The Driver and/or Other Authorised Driver authorise the debit from any credit card or debit account provided to Bikescape of any amounts payable to Bikescape under the VHA.

HIRE:

  1. Bikescape agrees to hire the Vehicle and Equipment for the period as set out in the VHA.
  2. The Vehicle and Equipment may only be used by the Driver and any Other Authorised Driver.
  3. The Vehicle and Equipment may only be used by the Driver and any Other Authorised Driver on a road which is properly formed and constructed as a sealed road.
  4. Bikescape may provide an alternate vehicle or equipment if the vehicle or equipment set out in the VRA are unavailable.
  5. The Driver agrees to return the Vehicle and Equipment to Bikescape at the Hire Return Date as set out in the VHA.
  6. The Driver is responsible for the acts and omissions of Other Authorised Driver and any other person or any person which your or the Other Authorised Driver allows to drive the Vehicle.

LATE RETURN:

  1. In the event that  the Vehicle and Equipment is not returned to  Bikescape at the Hire Return Date:
    • a late return fee will be charged:
      • For each day or part-day late return after the Hire Return Date – a fee equal to the daily hire fee for the Vehicle and Equipment, for each day or part day, after the Hire Return Date; and
      • In the event that the Vehicle has been booked by another customer during the period of late return – an additional fee equal to daily hire fee for the Vehicle, for each day or part day, after the Hire Return Date.
    • Bikescape may additionally, and without affecting any other rights, notify the Police or any other relevant authority for the purpose of recovering the Vehicle and Equipment, and may and take such action or proceedings as considered necessary for recovery of possession and for damages.
    • The Driver agrees to indemnity Bikscape for all losses, expenses and costs in connection with any action for recovery and/or damages.

MAINTENANCE AND DAMAGE:

  1. The Driver and any Other Authorised Driver must maintain the Vehicle and Equipment to the manufacturer’s specifications, including engine oil, chain tension and lubrication, provided that the Vehicle and Equipment was maintained to the manufacturer’s specifications as at the Hire Start Date.
  2. In the event that the Vehicle and Equipment require servicing prior to the the Hire Return Date, (typically long term hire), then such service must be arranged through Bikescape.
  3. The Driver and any Other Authorised Driver must return the Vehicle and Equipment to Bikescape, refuelled and in the same condition as at the Hire Start Date, subject to fair wear and tear.
  4. In the event of:
    • Any accident involving the Vehicle and Equipment; or
    • Any damage caused to the Vehicle and Equipment or the vehicle or property of any third party; or
    • Any mechanical breakdown of the Vehicle and Equipment; or
    • Any theft of the Vehicle and Equipment;
      • The Driver and any Other Authorised Driver must notify Bikescape of such event as soon as reasonably practicable, and within 48 hours;
      • The Driver and any Other Authorised Driver are jointly and severally liable for any loss or damage caused to Bikescape, save for loss or damage caused the failure of Bikescape to maintain the Vehicle and Equipment to the manufacturer’s specifications as at the Hire Start Date; and
      • The Driver and any Other Authorised Driver must not have repairs undertaken to the Vehicle and Equipment carried out unless authorised to by Bikescape;
      • The Driver and any Other Authorised Driver agree to provide all assistance reasonably required by Bikescape or its insurer, including the provision of statements, information and documents, giving evidence and assisting with any Court proceedings.
      • The Driver and any Other Authorised Driver must not not make any offer of payment, release, admission or settlement, save as required by law.

INSURANCE

  1. Insurance is subject to the payment of the excess and does not cover Driver and any Other Authorised Driver for:
    • Personal bodily injury or damage/loss of personal belongings of the Driver and any Other Authorised Driver (or any unauthorised driver); or
    • Loss of rental caused by damage to the Vehicle and Equipment rendering it unavailable for hire; or
    • Loss of damage arising from the use of the Vehicle and Equipment on unsealed roads;
    • Use of the Vehicle by Learner or provisional drivers;
    • Use of the Vehicle after sunset or before sunrise outside of city limits (defined by city streetlights).
    • Use of the Vehicle at Track Riding or Ride Days, Practice Days at Sydney Motor Sport Park, Phillip Island Grand Prix Circuit, Winton Motor Raceway, Calder Park Raceway and like locations around Australia.
    • Any fine, penalties, or aggravated, exemplary or punitive damages;
    • Any loss or liability if the Vehicle is being used to carry a greater number of passengers or to convey or to tow a load in excess of that for which the Vehicle was designed for or permitted by law.
    • For any loss or liability resulting from lawful seizure or other operation of law
    • Damage arising in circumstances of a breach of clauses 3.3 – 3.8, 16 and 18 herein.
  2. In the event an accident or damage to the Vehicle and Equipment the Driver and any Other Authorised Driver are jointly and severally liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle and Equipment and the insurance excess, which amounts may be refunded on recovery from any third party at fault driver.

ADDITIONAL FEES and CHARGES:

  1. The Driver and any Other Authorised Driver agree to pay and authorise the debit from any credit card or debit account provided to Bikescape of any  amounts payable to Bikescape under the VHA, including the following:
    • In the event of a cancellation of a hire booking the following fees are payable:
      • Where cancellation occurs more than 28 days prior to the Hire Start Date – 20 % of the total Hire Fee;
      • Where cancellation occurs between 7- 28 days prior to the Hire Start Date – 50 % of the total Hire Fee;
      • Where cancellation occurs between between 48 hours – 6 days days prior to the Hire Start Date – 80 % of the total Hire Fee;
      • Where cancellation occurs less than 48 hours – 6 days days prior to the Hire Start Date – 100% of the total Hire Fee;
    • In the event that the Vehicle has not been refuelled on return, a fee is payable of $50.00.
    • In the event that the Vehicle and Equipment is not returned in a reasonably clean condition, a fee is payable of $200.00.
    • In the event any toll charges are incurred in the use of the Vehicle and Equipment all toll charges.
    • In the event that Bikescape receives any penalty or infringement notice, a fee is payable of $50.00 in addition to any penalty or infringement which is payable by the Driver and any Other Authorised Driver.
    • In the event that the ignition keys are lost, a fee is payable of $750.00, plus and shipping in the event that a replacement ignition key is required to be sent to the Driver and any Other Authorised Driver.

INDEMNITIES, WARRANTIES & RIGHTS:

  1. Bikescape is not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Vehicle  and Equipment.
  2. The Driver and any Other Authorised Driver jointly and severally indemnify Bikescape  against:
    • Any loss of or damage to the Vehicle and Equipment, however arising;
    • Liability for any death, injury or damage to any person or property arising directly or indirectly from the the Vehicle and Equipment or its use; and
    • Any loss or liability incurred by Bikescape resulting the use or operation of the Vehicle and Equipment by the Driver and any Other Authorised Driver.
  3. Your rights set out in this VRA are, in addition to your rights under all applicable consumer protection legislation, including the Australian Consumer Law. Those rights are not excluded, restricted or modified by this VRA.
  4. You can find out more about Your rights under all applicable consumer protection legislation, from the Australian Competition and Consumer Commission (ACCC) and relevant state and territory consumer protection agencies.

PRIVACY

  1. Under this VRA with Bikescape, we need to collect certain information from you, within the meaning of the Privacy Act 1988 (Cth),
  2. This may may include your name, contact details, date of birth, driver’s licence number, passport details, payment details.
  3. We may collect information about you from third parties.
  4. We may also use electronic tools to monitor the location, speed, time, tolls and infringements and servicing of the Vehicle and Equipment.
  5. By providing your personal information, you agree that it will be used and  disclosed by Bikescape as it reasonably necessary for Bikescape to provide their services.