Great Aussie Motorcycle Tours Pty Ltd Terms and Conditions of Rental - Effective June 2007
INTERPRETING YOUR RENTAL AGREEMENT
1. The Rental Agreement ("Rental Agreement") between Great Aussie Motorcycle Tours (GAMT) and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle ("Rental Document"), and is made up of that Rental Document and these Terms and Conditions. In these Terms and Conditions:
"Authorised Driver" means:
- an additional driver who signs the Additional Drivers Form or Rental Document;
- Your spouse; or
- Your employer or a fellow employee, if either is engaged in activities that are incidental to Your business duties;
"GAMT" means Great Aussie Motorcycle Tours Pty Ltd ACN 122 888 993
"Rental Period" means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to GAMT;
"Substitute Vehicle Insurance" means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
"Vehicle" means the motorcycle described on the Rental Document (or any substitute motorcycle), and includes its parts, components, accessories and contents supplied by GAMT;
"You" or "Your" refers to the person(s) with whom the Rental Agreement is made.
DRIVER
2. You agree and acknowledge that;
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licensed to drive for a period of 24 months or longer (excluding any time under a learner’s permit or a provisional licence):
WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
3.1 You and any Authorised Driver must only use the Vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road.
3.2 You and any Authorised Driver must not, unless authorised in writing by GAMT, drive or take the Vehicle on beaches or through streams, dams, rivers or floodwaters.
USE OF THE VEHICLE
4.1 You and any Authorised Driver must;
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything, unless authorised by GAMT;
(c) not carry more passengers than may be properly accommodated or carry a greater load than that for which it was built;
(d) not be 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 Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer’s and GAMT’s recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the vehicle was constructed;
(i) not, without GAMT’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
4.2 You must pay for any unauthorised repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period.
MAINTENANCE, SECURITY AND SAFETY
5.1 You and any Authorised Driver must;
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the pannier;
(b) keep the Vehicle locked and the keys under Your or the Authorised Driver’s personal control at all times; and
5.2 You must not have repairs to the Vehicle carried out unless GAMT authorises You to do so. GAMT requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist GAMT. GAMT will reimburse you for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that GAMT cannot verify the cost of repairs, GAMT will not reimburse You.
RETURN OF VEHICLE
6.1 You must return the Vehicle to GAMT;
(a) to the place, on the date and by the time shown on the Rental Document;
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
6.2 If You return the Vehicle to a location other than that shown on the Rental Document, a “one-way fee” of up to $2 per kilometre may apply. If a “one-way fee” applies, You must pay it at the end of the Rental Period.
6.3 You must return the Vehicle to a GAMT location during normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
6.4 If;
(a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the GAMT standard rate for the vehicle for the Rental Period.
6.5 GAMT may request the immediate return of the vehicle, or GAMT may re-take the Vehicle without notice, if GAMT reasonably suspects that;
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to occur; or
(c) the Vehicle will be involved in an industrial dispute; and You must also pay GAMT any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
FUEL
7 If You do not select the Prepaid Fuel Option (where available), and You return the Vehicle with less fuel than it had when You rented it, You must pay the Fuel Service Charge per litre as set out on the Rental Document.
LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
8.1 Subject to this clause 8, You are liable;
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person;
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii)which arises from the use of the Vehicle by You or an Authorised Driver.
Remember that references to the "Vehicle" include all of its parts, components, accessories and contents (see the definition of "Vehicle" in clause I).
8.2 Subject to clause 8.3, if;
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period (or it is included in Your rate); and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver,
(c) GAMT: waives Your liability under clause 8.1 for damage to the Vehicle or loss of the Vehicle; and
(d) will ensure that You and any Authorised Driver are entitled to be indemnified under a policy of liability insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
8.3 You must always pay, and-clause 8.2 does not cover;
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by;
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carriedduring the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You using, or permitting the vehicle to be used, in any area prohibited by the Rental Agreement;
8.4 For the purposes of this clause 8, the amount You must pay for any damage or repair that may be reasonably determined by GAMT and includes;
(a) the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the Vehicle.
If the amount determined by GAMT and paid by You under this clause 8.4 exceeds the final cost of the damage or repair, GAMT will refund the difference to You.
LIABILITY OF GAMT
9.1 Unless it is negligent, GAMT is not liable to any person, and You indemnify GAMT, for any loss of, or damage to, any property;
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to GAMT.
9.2 Neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) (“the TPA”) or any other State or Territory legislation to the same effect.
9.3 If Your Rental Agreement is a contract for the supply of “recreational services” as defined by section 68B of the TPA or any comparable legislation, GAMT has no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by GAMT of any term implied by section 74 of the TPA or any comparable legislation.
CLAIMS AND PROCEEDINGS
10 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to GAMT;
(c) not, without GAMT’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit GAMT or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that GAMT may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, GAMT in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to GAMT;
(f) complete and furnish to GAMT within a reasonable time any statement, information or assistance which GAMT or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
PAYMENT
11.1 At the end of the Rental Period, You must pay GAMT on demand;
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by GAMT or You to any person arising out of Your use of the Vehicle or imposed on You or GAMT by any governmental or other competent authority (such as speeding, parking and traffic fines); and,
(c) any amount for which You are liable to GAMT under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
11.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to;
(a) one day’s rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
11.3 Distance charges are measured from the Vehicle’s odometer.
11.4 You authorise GAMT to charge all monies payable to GAMT under the Rental Agreement to Your credit card or charge account.
11.5 GAMT will pay any refund due to You by such method as GAMT may reasonably choose.
TERMINATION
12.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
12.2 You may terminate the Rental Agreement at any time for any other reason.
12.3 If the Rental Agreement is terminated early for any reason other than a breach by GAMT, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
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