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MOTORCYCLE AND EQUIPMENT
RENTAL AGREEMENT
Updated March 2008
The person or company hiring a motorcycle and/or equipment or making a booking to hire (the hirer) enters into an agreement with BIKES TOP END Pty Ltd (BikesTopEnd) whereby the hirer agrees to the terms and conditions of hire as described below. Amounts outlined throughout this agreement are in Australian dollars.
License Requirements
Motorcycle hirers must hold a current, unrestricted Australian, foreign or international motorcycle licence and be over the age of 25 years. Licenses must be provided to BikesTopEnd in English. Hirers must be under the age of 70 years, except by prior arrangement with BikesTopEnd.
The motorcycles supplied by BikesTopEnd are suitable for experienced riders. All customers will be required to provide a declaration confirming that they have suitable experience and are capable of operating the relevant motorcycles.
Motorcycles may be ridden only by riders who meet these requirements and who have signed BikesTopEnd’s rental agreement and agreed to be bound by its terms and conditions.
Auhtorised Riders
Motorcycles may be ridden only by the hirer, or by other riders identified on the Rental Agreement at the time of hire. Additional riders must meet all licensing and identification requirements outlined in this agreement. Responsibility for the safe return of the motorcycle remains with the hirer.
Tour groups using BikesTopEnd equipment must notify BikesTopEnd in advance, and must comply ith all terms of this agreement, including rider licensing and identification. BikesTopEnd reserves the right to vary hire charges and other conditions for tour groups.
Booking Deposit
BikesTopEnd will accept bookings by phone or e-mail. A deposit of the greater of $250 or 25% of the hire fee is payable within five days of making a booking. The deposit is not refundable in the event of cancellation. Bookings cannot be held if the deposit is not paid within the prescribed period.
Payment of Hire Fees
The balance of the hire fee (including one-way rental fees) is payable within two weeks of booking, or one month before the pick-up date, whichever is earlier.
Hire fees are based on booking dates. No refunds are available for early returns.
Cancellations
For cancellations greater than two weeks before the pick-up date, a refund of 50% of the hire fee (excluding one-way rental fees) will be paid. One-way rental fees are not refundable. No refunds are available for cancellations less than two weeks before the pick-up date.
Motorcycles
The BikesTopEnd web site displays the motorcycles available for hire. If the motorcycle specified by the hirer should, due to unforeseen circumstances, be unavailable at the start of the rental, BikesTopEnd
reserves the right to substitute a substantially similar alternate motorcycle without prior notification and
at no extra cost. The hirer agrees that any such substitution shall not constitute a breach of contract and
does not entitle the hirer to a refund
Security Deposit
A security deposit of $2,500 applies to all rentals, and is payable before collecting the motorcycle and equipment. The security deposit is fully refundable on return of the motorcycle and all equipment in good condition. The refund will be provided according to the hirer’s payment instructions within two weeks of motorcycle return, to allow a check of the motorcycle and any accessories.
In the event of any damage to the motorcycle or equipment on return, the security deposit will be withheld until repairs are completed. Any charges owing by the customer, including insurance excess and any other relevant costs and charges, may be deducted from the security bond before refund.
BikesTopEnd reserves the right to vary the amount of the security bond without notice.
Vehicle Condition and Place of Return
BikesTopEnd will deliver the motorcycle and all other equipment as booked, clean and in good condition. The hirer must note any damage to any motorcycle or equipment before pick-up on the rental agreement. The hirer agrees to return the motorcycle and all equipment in the same condition (expressly including tyre condition, but excepting normal wear and tear) together with all tools, accessories and other equipment supplied. All equipment will be returned to the place where it was supplied unless other pick up and/or delivery arrangements have been pre-arranged with BikesTopEnd.
Pickup & Delivery
Pickup and returns are available between 9:00am and 5:30pm Monday to Friday and 9:00am - 4:00pm on Saturday. Please contact BikesTopEnd prior to pick up and delivery to ensure someone is available to meet you.
A late fee of $150 will apply if goods are returned outside these times. For a modest fee and by arrangement, BikesTopEnd offers a delivery and pickup service anywhere within the Darwin metropolitan area. Deliveries and pickup services outside the metropolitan area are also available and will be charged according to the location.
Travel Restrictions
BikesTopEnd supplies road-type motorcycles which can be ridden on gazetted and formed roads. The hirer is responsible to ensure that the motorcycles are not ridden on unsuitable roads, and that due dare is exercised at all times according to the rider’s abilities and road conditions.
Motorcycles must not be ridden through flooded or water-covered roads, or through creeks, rivers or other water bodies. The hirer is responsible to check conditions with local authorities and to avoid possible submersion. Motorcycles ridden in these conditions are not covered by insurance and the hirer is liable for the cost of recovery and any damage caused.
The safe operation of our motorcycles is the responsibility of the hirer during the hire period. The hirer must comply with all relevant road laws, including drug and alcohol laws and speed limits.
The hirer is responsible for any traffic or parking infringements during the period of the rental. BikesTopEnd will pass on any camera-detected offences during the rental period to the hirer. Processing of any infringement notices will incur a fee of $200.
Unauthorised Use of the Vehicle and Repossession
BikesTopEnd may take possession of the motorcycle or other equipment without prior demand and at the hirer’s expense if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. The hirer also agrees to, under any circumstance whatsoever, allow BikesTopEnd, or any representative nominated by it, to enter the hirer’s premises, or premises where the motorcycle or other hire equipment has been parked, left, or abandoned by the hirer or anyone in the company of the hirer, in order for BikesTopEnd to realise possession of the assets subject to the hire.
The hirer warrants that during the rental period the motorcycle and other hire equipment will be:
1. Used or operated in a cautious, prudent and normal manner.
2. Not be used or operated by a person under the influence of alcohol or drugs or with a blood alcohol limit in excess of that permitted by law.
3. Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material except within its designed capabilities.
Repairs and Damages to Hire Equipment
During the hire period, the hirer is responsible for maintaining the motorcycle and equipment on good order and condition. The hirer must immediately report any damage to a motorcycle to BikesTopEnd and comply with its reasonable instructions to effect necessary repairs. If repairs cannot be effected and the motorcycle cannot be ridden safely, BikesTopEnd will arrange recovery or the motorcycle.
Any costs relating to repairs and recovery are the responsibility of the hirer. This includes reasonable personnel and related costs, including parts, labour, travel, accommodation, meals and other reasonable out-of-pocket expenses, if BikesTopEnd personnel are required to attend.
On return of the motorcycle and equipment, BikesTopEnd will carry out an inspection to ensure it is in good condition as required under the terms of this agreement. If BikesTopEnd determines in its sole discretion that repairs are required, the hirer will pay the cost of such repairs, plus an administration charge of $50 per hour or part thereof. For repairs which require more than one day, the hirer will also be liable for the normal daily rental charge for the motorcycle for the duration of the repairs.
These costs will be deducted from the security deposit, and any amounts in excess of the security deposit will be billed to the hirer.
Insurance
BikesTopEnd provides motorcycles and equipment fully insured against accidental damage and theft. The hirer is required to report any accidental damage or theft to the Police according to relevant laws or regulations. The hirer is also required to complete any relevant reports to facilitate insurance claims.
Any claim for accidental damage is subject to an excess of $2,500, to be paid to BikesTopEnd on return of the equipment.
The hirer must notify BikesTopEnd of any accidental damage within 24 hours. Failure to notify within this period may render the insurance void. In this case the hirer will be liable for the full cost of all damage.
The hirer must immediately notify BikesTopEnd in the event of the theft of a motorcycle or any equipment. Any claim for theft is subject to an excess of $5,500, to be paid to BikesTopEnd on return of the equipment or, if all equipment is lost, immediately on notification of the loss.
Payment
BikesTopEnd accepts payments by credit card. This includes all hire fees and security deposits.
Identification & Age Requirement
BikesTopEnd requires three forms of identification prior to the hiring of the motorcycle. This must include at least one form of current and valid photographic identification, and at least one showing the hirer’s current residential address. Hirers must provide their licensesto ride a motorcycle in English, or an international rider's license if the original is not in English.
Unless by previous arrangement any rider of the motorcycle is to be 25 years of age or older and no older than 70 years of age and hold a valid, non probationary motorcycle license.
Late Returns
Late returns cannot be accommodated without prior arrangement. In the event of a late return, a fee of $500 per day late will be charged. BikesTopEnd reserves the right to report motorcycles stolen in the event of a late return without prior arrangement.
Damages & Liability
The hirer and all parties using any of the hire items whether with or without the express permission of the hirer, understands and agrees that BikesTopEnd and any related parties are not liable for any costs or damages incurred by the hirer or any other such party as a result of theft of or from any of our equipment during the period of hire or due to breakdown of the hire equipment. This includes but is not limited to costs such as accommodation, meals, flights, car hire, phone calls or any other costs incurred.
The hirer and all parties using any of the hire items whether with or without the express permission of the hirer, also indemnifies BikesTopEnd and any related parties with respect to any and all costs, damages or injuries (including such damages and injuries to third parties) incurred through the use, misuse or accident arising from the use or misuse of any of the motorcycle or other hire products whether by negligence of BikesTopEnd or otherwise. The company gives no express or implied warranty as to any matter whatsoever including without limitation the condition of the motorcycle/vehicle and equipment merchantability or fitness for any particular purpose or use. The hirer and all parties using any of the hire items whether with or without the express permission of the hirer, also indemnify BikesTopEnd and any related parties with respect any and all costs, damages or injuries incurred through items left in the motorcycle or hire equipment which are received, handled or stored by BikesTopEnd before, during or after the hire period whether by negligence or otherwise.
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