TERMS AND CONDITIONS
“Agreement” means this agreement between you and the company and includes the cover page, these terms and conditions, the vehicle report and any annexure that is attached. “Corporate Account” means the company, association or group who has credit facility or payment account or any other arrangement with the company.
“Company” means the company hiring the vehicle to you as identified on the cover page. “Cover Page” means the first page of this agreement.
“Drivers Licence” means unexpired drivers licence for the particular class of vehicle issued in Australia.
“International Drivers Licence” means an unexpired, unrestricted drivers licence by a government authority of any country allowing the holder to drive in Australia, Provided the authority to drive in Australia is written in English.
“Off Road” means unsealed roads and includes beaches, 4wd tracks, grass plains and sand tracks but does not include unsealed roads that are in a caravan park, Bed and Breakfast establishment or any other property, which the primary use of paid accommodation.
“Rental Period” means the length of the tour you have booked with Mile Munchin’ Adventures.
“Repairs” means any mechanical or plastics repair/replacements, includes any towing, recovering and storing of the motorcycle.
“Sealed Road” means and surface sealed with any hard material such as tar, bitumen or concrete.
” Motorcycle” means the vehicle you have selected to rent or any substitute vehicle. “Vehicle Damage Report” means the report accepted by you at the commencement of this agreement detailing the condition of the Motorcycle prior to the commencement of the motorbike tour (rental period).
“You” or “Your” refers to the person(s) identified as the “hirer” and any authorised driver/rider identified in Motorbike Rental & Payment Online Form.
2. CONDITION OF THE MOTORCYCLE
You acknowledge receiving the motorcycle from the company in a good and clean condition except as specified in the vehicle report with all the items specified in the vehicle report or in this agreement.
3.1 The following persons must not ride the motorcycle (without prior written consent of the company).
(a) a person who is not (1) listed on the cover page (2) your employee or employer if the use of the vehicle relates to your business activities and the vehicle has been hired under a corporate account.
(b) a person who does not hold a current Motorcycle drivers licence or international driver licence endorsed for motorcycles.
(c) a person who holds a learner permit.
(d) a person who’s blood alcohol concentration exceeds the maximum level of concentration or who is under the influence of any drug or and illegal substance, or
(e) a person who has given the company false details of any kind.
3.2 The company reserves the right to refuse the hire of the motorbike to anyone they feel is not a suitable candidate.
4. USE OF MOTORCYCLE
4.1 Your use of the Vehicle is restricted to the Mile Munchin’ Adventure tour of which you are participating in.
4.2 You must not use the motorbike to carry another passenger (pillion).
4.3 You will be responsible for any damage whatsoever caused to the motorcycle while you are riding.
5. MOTORCYCLE BREAKDOWN – YOUR RIGHTS
5.1 If the motorcycle breaks down due to a mechanical fault while on tour, we will endeavour to fix the motorbike so you can continue the tour. If the motorbike can’t be fixed, alternative arrangements to get to motorbike returned will need to be made. You will be given the opportunity to join another tour at a later date at minimal cost to make up for you not being able to complete the tour you are on. Compensation will not be given by way of a tour refund.
6. LOSS AND DAMAGE TO THE MOTORCYCLE
6.1 Except to the extent of the company negligent or other liable at law, you are liable:
(a) for the loss of, and all damage to, the motorcycle;
(b) any damage to a third party and third party property caused by the vehicle
6.2 You must not arrange or undertake any repairs to the motorcycle without the written authority of the company except to the extent that the repairs are necessary to prevent further damage to the motorcycle or other property in which case you must first attempt to contact the company and obtain approval for the repairs
7. LIABILITY FOR LOSS OR DAMAGE TO OTHER PROPERTY
7.1 Except to the extent the company is negligent or otherwise liable at law, you are liable
(a) For all damage to the property of any person; (i) which is caused or contributed to by you; or (ii) which arises from your use of the motorcycle; and
(b) for loss of, damage to, any property stolen from the motorcycle or otherwise lost or damage during the rental period
7.2 Subject to clause 9.1 you indemnify the company for any loss of, or damage during the rental period
7.3 The company shall not be responsible for the state and condition of any property found on or in the motorcycle after the rental period.
8. BREACH OF THESE TERMS AND CONDITIONS
8.1 The company with have the right to terminate the agreement at any time following any material breach by you and take immediate possession of the motorcycle.
8.2 Termination under clause 11.1 will result in you paying for
(a) all reasonable cost for towing, storage and recovery of the motorcycle
(b) all reasonable costs to return the motorcycle to its condition at the start of the rental period or replacement of motorcycle
(c) all reasonable administration costs to the company
(d) damage to third party caused by you
(e) the administration fee; and
(f) and loss incurred by the company because the company is not able to use the vehicle to generate rental income as a result of your fault pursuant to clause 8.3 (c) of this agreement
8.3 You will be entitled to terminate this agreement if the company materially breaches its obligations
11. APPLICABLE LAW –
11.1 The laws of the state or territory in which the motorcycle is delivered to you govern the terms and conditions of this agreement
12. PRIVACY ACT