Terms & Conditions

Terms & Conditions

The terms and conditions set out below form part of the Hire Agreement entered into between the Hirer and the Company.

1. Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and Part 3 of the Fair Trading Act 1987 (NSW).

Approved Property means Louee Enduro & Motocross Complex (ABN 80 081 149 591) and Free Flight Coaching & MX Park, Merotherie (ABN       ) or these other location/s by agreement between the parties:

……………………………………………………………………………………………………………

Bond means the amount set out in the Hire Agreement determined by reference to the value of the Items.

Company means Rent & Ride Motorcycles Pty Ltd ACN 152 803 855

Deposit means 25% of the hire price paid by the Hirer to the Company.   

Equipment means trailer, motorcycle equipment, accessories and clothing hired by the Hirer from the Company.

Items means the Motorcycle/s and Equipment set out in the Items Hired Schedule.

Hirer means the person described as “Hirer” on the Hire Agreement.

Hire Period means the period starting on the start date at the start time and ending on the return date at the return time as specified in the Hire Agreement.

Hire Price is the sum as specified in the Hire Agreement.

Motorcycle means the motorcycle(s) hired by the Hirer from the Company.

Nominated Rider/s means all person/s described as “Nominated Rider/s” on the Hire Agreement.

Recreational Service has the same meaning as given to that term by s139A(2) of the Competition and Consumer Act 2010 (Cth).

2. Hire Agreement

2.1 The Hirer agrees to hire from the Company and the Company agrees to hire to the Hirer the Items for the Hire Period on the terms of this Agreement.

2.2 The Hirer will collect the Items from the Company at its address or other location agreed to by the Company, on the start date and at the start time as set out in the Hire Agreement.

2.3 The Hirer will return the Items to the Company at its address or other location agreed by the Company, on the return date and before the return time set out in the Hire Agreement.

3. Deposit, Bond & Cancellation

3.1 The Hirer must pay the Deposit (25%) to the Company on or before the making of this agreement. On receipt of the Deposit the Company will confirm to the Hirer if the Items are available for the Hire Period.

3.2 If the Items are not available for the hire period, then the Company must refund the Deposit to the Hirer within 7 days of receiving the Deposit.

3.3 The Hirer acknowledges that acceptance of the Deposit does not oblige the Company to hire the Items to the Hirer unless the Company has confirmed that the Items will be available for the Hire Period.

3.4 The Hirer acknowledges that unforeseen circumstances – including but not limited to breakdowns or damage to Items may affect the availability of the Items for the Hire Period. If an Item becomes unavailable, then the Company will refund the Deposit for that Item and the Hirer agrees that they cannot make any claim against the Company for not providing the Items to the Hirer.

3.5 The Hirer must pay the Bond to the Company on or before the making of this agreement.

3.6 If the Items are returned to the Company without damage, the Company will refund the Bond, less the Cleaning Fee, to the Hirer within 6 business days of the Items being returned to the Company.

3.7 If the Items have been damaged, or there are other deductions to be made as set out in Clause 13, the Hirer authorises the Company to make those deductions from the Bond without further notice to the Hirer. The Company will make all reasonable efforts to provide the Hirer with the details of any such deductions and return the balance of the Bond to the Hirer as soon as reasonably practicable.

3.8 For all cancellations received earlier than 7 days prior to the Hire Agreement start date, the full deposit will be refunded. For all cancellations received within 7 days but earlier than 48 hours from the start date 50% of the deposit will be refunded. For all cancellations received less than 48 hours from the start date or if the Hirer does not collect the Items, the Deposit will be retained by the Company in full

4. Pickup and Delivery

4.1 Unless the parties agree otherwise, the Hirer must collect and return the Items to and from the Company at a Mudgee address nominated by the Company.

4.2 Where pickup is not an option for the Hirer, when possible, the Company may be able to arrange direct delivery of the hired Items to the Louee Enduro & Motocross Complex or Free Flight Coaching & MX Park, Merotherie, for the commencement of the hire period and subsequent pick up at the end of the hire period.

4.3 If the Hirer requires a delivery service then the Hirer must pay a fee of $75 each way to the Louee Enduro & Motocross Complex and a fee of $100 each way to the Free Flight Coaching & MX Park, Merotherie venue. This service must be arranged between the Company and the Hirer at least 48 hours prior to the commencement of the hire period.

5. Hire Price & Payment

5.1 The Hirer must pay the Hire Price to the Company as it directs before the Hire Period starts. The Hire Price is not refundable.

5.2 The Hire Price will not be returned or adjusted if the Hirer returns the Items before the Hire Period ends or if the Hirer terminates this Hire Agreement.

6. Risk of Personal Injury and Death

6.1 The Hirer and any Nominated Rider/s who uses the Items:
(a) does so at their own risk; and
(b) acknowledges that motorcycle riding is a dangerous recreational activity with inherent risks including personal injury and death.

6.2 The Hirer and any Nominated Rider/s acknowledge and agree that the hire and use of the Items constitutes the supply by the Company of a Recreational Service.

6.3 Attention is drawn to Section 139A of the Competition and Consumer Act 2010 (Cth). The Company’s liability under the Australian Consumer Law and the Civil Liability Act 2002 (NSW) is excluded in respect of:
(a) death; or
(b) physical or mental injury of an individual (including the aggravation, acceleration, or recurrence of such an injury of the individual); or
(c) the contraction, aggravation or acceleration of a disease of an individual; or
(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:

a. that is or may be harmful or disadvantageous to the individual or community; or
b. that may result in harm or disadvantage to the individual or community.

except where such death, injury or harm is caused by the reckless conduct of the Company.

6.4 Any other liability of the Company which might otherwise result from negligence or from breach of an express or implied warranty that the recreation services will be rendered with reasonable care and skill is hereby excluded.

6.5 The Hirer and any Nominated Rider/s acknowledge that the Company does not hold any insurance, including Public Liability insurance, to enable it to meet any claims by the Hirer or Nominated Rider/s.

6.6 It is strongly recommended that the Hirer and any Nominated Rider/s that use the Items have in place one or more insurance policy or policies (including but not limited to Medicare, ambulance cover, private health insurance, life insurance, third party insurance, comprehensive motorcycle insurance, personal injury insurance, permanent disability insurance or income protection insurance) which are valid and current during the Hire Period which will provide for their financial needs and those of his or her dependants if they are injured or killed. All such policies must note the Company as an interested party.

7. Pre-Hire Inspection

The Hirer acknowledges that he/she inspected the Items at the start of the Hire Period and unless specified otherwise in the Pre-Hire Inspection, agrees that they are in a good state of repair and condition subject to the external superficial damage noted on the Pre-Hire Inspection.

8. Extension of time

8.1 The Hirer & Company may agree to extend the Hire Period. If the Hirer wants to extend the Hire period then it must contact the Company by telephoning the Company on 0412 432 499 before the return date, requesting the extension.

8.2 The Company may extend the Hire Period at its absolute discretion by advising the Hirer by email or text message of the new return date and new time on which the Hire Period ends.

8.3 The Hirer must pay an amount of $75.00 per hour per Item hired if the hire period extends beyond the original Hire Period return date and time and otherwise the Hirer acknowledges and agrees that the terms of this Agreement apply to the new extended Hire Period.

9. Hirer’s acknowledgements and obligations

The Hirer acknowledges and agrees that:

9.1 Only the Hirer/s and the Nominated Riders will use the Items and or ride the motorcycle/s as specified in the Hire. The Hirer/s will not permit or authorise another person to use the Items or ride the motorcycle/s.

9.2 For each Nominated Rider that is under 18 years of age, the Hirer accepts that he or she is fully responsible for each Nominated Rider as the Nominated Rider’s parent or guardian. The Hirer must at all times supervise each Nominated Rider under 18 years of age using the Items.

9.3 If the Items are damaged or a person suffers injury during the Hire Period, the Hirer will immediately telephone the Company on 0412 432 499 or 0447 428 982.

9.4 The Hirer is over 18 years of age.

9.5 The Hirer will only use the Items in a proper manner and for the purpose they were intended and not for any illegal purpose and will ensure each Nominated Rider does the same.

9.6 The Hirer and each Nominated Rider must wear protective clothing while riding any motorcycle including but not limited to a helmet, goggles and covered boots that meet current Australian standards.

9.7 The Louee Enduro & Motocross Complex venue does not have public risk insurance and the Hirer and each Nominated Rider enters that venue at his or her own risk.

9.8 Motorcycle riding and spectating motorcycle riding is a dangerous recreational activity with inherent risks including but not limited to damage to property, bodily injury and death to the Hirer, Nominated Rider and other people within the vicinity of the riding.

9.9 The Hirer must carry out a maintenance check to monitor and maintain at the required level the engine oil, transmissions oil, tyre pressure and air filter of any motorcycle. If a maintenance issue is identified the Hirer shall immediately use an appropriately qualified person to correct the issue at the Hirer’s expense. If the Hirer cannot remember the instructions provided by the Company as to how to carry out a maintenance check of the motorcycle, the Hirer can contact the Company to obtain further instructions or the Hirer may seek assistance at the Hirer’s expense from the workshop staff at the Louee Enduro & Motocross Complex in relation to monitoring and maintaining oil levels, air filters, drive chains and tyre pressure.

9.10 The Hirer will ride each motorcycle responsibly and safely with due care and skill and will ensure each Nominated Rider does the same.

9.11 The Hirer will not misuse, damage or neglect the Items or allow any Nominated Rider or other person to do so.

9.12 The Hirer will keep the Items secure while they are in the Hirer’s or Nominated Rider’s possession and will not part possession with the Items during the Hire Period.

9.13 The Hirer and/or Nominated Rider/s will not ride any hired motorcycle anywhere other than at an Approved Property.

9.14 If the Hirer is riding at the Louee Enduro & Motorcross Complex or Free Flight Coaching & MX Park, Merotherie venues, the Hirer will abide by all rules, regulations, guidelines and directions issued by the owners, operators or staff of the Louee Enduro & Motorcross Complex or Free Flight Coaching & MX Park, Merotherie venue and will ensure each Nominated Rider does the same.

9.15 The Hirer will return the Items in good order and repair having regard to their condition as set out in the Pre-Hire Inspection, reasonable wear and tear excepted.

9.16 The Hirer will not use the Items or allow them to be used if they become damaged or unsafe in condition. If the Hirer becomes aware that any Items are damaged or have become unsafe, they must inform the Company immediately.

9.17 The Hirer must not be, and must ensure that each Nominated Rider is not, under the influence of drugs or alcohol when riding or handling a motorcycle and without limitation the Hirer must not, and must ensure each Nominated Rider will not, have a blood alcohol reading of greater than 0 when riding or handling a motorcycle.

9.18 The Hirer will not alter or affix anything to the Items or cause them to be repaired without the Company’s prior written consent but for the repairing of tyres.

9.19 The Hirer will be responsible for the cost of repair to any damaged wheels or flat tyres repaired during the Hire Period as well as for any unrepaired tyre or wheel damage caused during the Hire Period which must be repaired after the Hire Period.

10. Company’s acknowledgements and obligations

The Company acknowledges and agrees that:

10.1 The Company will supply all Items in a good state of condition and repair.

10.2 The motorcycle/s have been inspected by the Company prior to the start of this Agreement as evidenced in the Pre-Hire Inspection.

11. Hirer and Nominated Rider(s) warranty

The Hirer and Nominated Rider(s) warrant that they have the skill and ability necessary to ride the motorcycles set out in this Hire Agreement.

12. Damage and Indemnity

12.1 The Hirer is liable for the full replaceable value of the Items if they are lost, stolen or damaged beyond repair during the Hire Period or whilst in the Hirer’s possession and agrees to reimburse the Company for the loss incurred by it by any such theft, loss of or damage to the Items or any part of them however arising whether by the Hirer’s negligent or wilful act or otherwise.

12.2 Any resultant repairs to the Items will be carried out at the expense of the Hirer by a person approved by the Company.

12.3 The Hirer agrees to indemnify the Company from any claims, demands, actions, suits, judgements and accounts whatsoever made against it as a result of or arising out of any accident or neglect or a deliberate or careless act by the Hirer or the Nominated Rider/s while in possession of or using the Items, or as a result of or arising out of a breach of any condition of this Agreement by the Hirer.

12.4 The Hirer’s obligations under this clause 12 will remain in force even after the Hire Period ends.

13. Deductions, Late Fees and Other Charges

13.1 The Items must be returned in the same condition, but for fair wear and tear, in which they were Hired at the end of the Hire Period. If they are not, the Hirer authorises the Company to deduct from the Bond, the cost of repairing the Items so that they are repaired to their previous condition. If the Bond is insufficient to cover the cost of the repairs, then the Hirer must pay the Company the additional sum required to meet the full cost of the repairs within 7 days of the Company serving notice of the nature and cost of the damage.

13.2 The Hirer will be responsible for:

(a) the replacement cost of any lost or damaged keys; and

(b) the cost of any repairs to the Items other than those resulting from reasonable wear and tear having regard to the condition of the Items as per the Pre-Hire Inspection.

13.3 The Hirer agrees that a cleaning fee of $50.00 per motorcycle applies and the Hirer authorises the Company to deduct this fee from the Bond. The Company may reduce or waive this fee at its sole discretion.

13.4 If the Hirer does not return the Items by the end of the Hire Period a late fee of $75.00 per hour will be charged by the Company until the Items are returned.

13.5 If the Hirer fails to return the Items by the end of the Hire Period or returns the Items in a damaged condition which results in the Company – acting reasonably – being unable to fulfil its obligations under a subsequent hire agreement to another Hirer, the Company may in addition to the late fee charge the Hirer an additional amount arising from its loss of earnings equal to the greater of:

(a) the total hire price set out on the Hire Agreement for that subsequent hire agreement; or

(b) $1,500.00 if the Hire Period ends within NSW school holidays.

13.6 The Hirer is responsible for any fines or infringement notices received in relation to a motorcycle, or any other Item during the Hire Period.

13.7 If the Items are not returned by the end of the Hire Period the Company may, without affecting any other rights it has under this Agreement:

(a) notify the police; and

(b) take any reasonable action to recover possession of the Items. Any costs of doing so will be payable by the Hirer to the Company.

13.8 If the Bond is insufficient to cover the costs of any deductions under this clause 13, the Hirer must pay the balance within 7 days of being requested in writing to do so by the Company.

13.9 If any balance payable under this clause remains unpaid for more than 7 days, the Company may charge interest on any amount outstanding at the rate of 8% per annum with such interest being calculated on a daily basis.

14. Termination

The Company may terminate this Agreement immediately without prior notice to the Hirer if the Hirer breaches a term of this Agreement including any of the acknowledgements set out in clause 10 and in that event the Company may immediately take possession of the Items and no refund of the Hire Price will be made to the Hirer.

15. General

15.1 This Agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of that State.

15.2 In this Agreement the singular means the plural and vice versa.

15.3 All prices include GST unless otherwise indicated.

16. Execution by Email or Counterpart

16.1 This Agreement may be executed in any number of counterparts, each of which when so executed will be deemed to be an original and such counterparts taken together will constitute one and the same instrument and the parties agree to accept such instrument as the original and binding Agreement.

16.2 This Agreement is binding on the parties on the date the last party signs the Agreement. A copy of a counterpart sent by electronic mail transmission must be treated as an original counterpart.

16.3 In accordance with the Electronic Transactions Act 2000 (NSW) the parties acknowledge that they have consented to electronic communication, including the execution of the Agreement by electronic communication, prior to executing this Agreement.

17. The parties acknowledge that the attached document to this agreement titled “Important Information For the Hirer” does not form part of this agreement.

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