Cooks Motor Bike Hire

ABN 80 605 054 724

Rental Terms & Conditions

1 Introduction

1.1 Rental Contract

When You rent a Motorbike from Cook’s Motorbike Hire the contract (Rental Contract) You have with Us consists of:

the agreement (Rental Agreement) You have signed to rent the Motorbike from Us; and
these rental Terms and Conditions (Terms and Conditions).

1.2 Governing law

The laws of the state of New South Wales govern the Rental Contract and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
The Australian Consumer Law provides You with rights that are not affected by the Rental Contract and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.

2 Safety induction

2.1 Public safety

Safety is Our principal concern, and if in Our sole opinion You do not have the skill or competence to ride the Motorbike safely We may decline the rental. If that should occur, any prepaid charges will be refunded in full.

2.2 Induction

At the Start of the Rental We will conduct a short induction to make sure You are familiar with the Motorbike.

3 Who may drive the Motorbike?

⚠ IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 14 for further details.

3.1 Authorised Riders

Only You or an Authorised Rider can drive the Motorbike. It is a Major Breach of the Rental Contract if You or an Authorised Rider let anyone who is unauthorised drive the Motorbike. If there is a Major Breach of the Rental Contract there is no cover for You, the Authorised Rider or the unauthorised Rider for any Damage, theft of the Motorbike or Third Party Loss.

3.2 Age limits

We set minimum and maximum age limits for those renting Our Motorbikes. You and any Authorised Rider must be at least 21 and have no less than 12 months driving experience, unless We have agreed to a variation of those restrictions before the Start of the Rental and it is shown in the Rental Agreement.

3.3 Licence requirements

You and any Authorised Rider must also have a valid licence to drive the Motorbike and which is issued in an Australian state or territory and the licence must not be subject to any restriction or condition. Learner drivers with a valid learner’s permit issued by an Australian state or territory authority may also drive the
The Motorbike must not be driven if Your licence or the licence of any Authorised Rider has been cancelled within 2 years of the date of the Rental
The Motorbike must never be driven by You or an Authorised Rider who has provided a false or misleading name, age, address or driver’s

4 Prohibited Use

⚠ IMPORTANT NOTICE

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 14 for further details.

The Motorbike must not be driven by You or any Authorised Rider:
- whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
- recklessly or dangerously; or
- whilst the Motorbike is damaged or
You and any Authorised Rider must not use the Motorbike:
- for any illegal purpose;
- to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
- to carry more than one pillion passenger;
- for the carriage of illegal drugs or other illegal substances;
- in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

in an unsafe or un-roadworthy

You and any Authorised Rider must not:
- fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
- damage the Motorbike deliberately or recklessly or allow anyone else to do so;
- modify the Motorbike in any way;
- sell, rent, lease or dispose of the Motorbike; or
- register or claim to be entitled to register any interest in the Motorbike under the Personal Property Securities Act 2009 (Cth).

5 Where the Motorbike can and cannot be used

⚠ IMPORTANT NOTICE

A breach of any part of this clause 5 is a Major Breach of the Rental Contract. See clause 14 for further details.

Unless the Motorbike is an Adventure Motorbike, it must never be driven:
- on an Unsealed Road;
- Off-road; or
- above the snow line between 1 May and 31

Adventure Motorbikes may be driven Off-road and on Unsealed Roads provided it is safe to do so and You take reasonable care to ensure the Motorbike is not damaged.

The Motorbike must not be used in any area that is prohibited by Prohibited areas include:
- roads that are flooded;
- beaches, streams, rivers, creeks, dams and floodwaters;
- any road where the police or an authority has issued a warning;
- any road that is closed; and
- any road where it would be unsafe to drive the

6 Your obligations

⚠ IMPORTANT NOTICE

A breach of any of subclauses 6.6, 6.7, or 6.8 is a Major Breach of the Rental Contract. See clause 14 for further details.

6.1 Start of the Rental

At the Start of the Rental and before collecting the Motorbike You must:

inspect it to make sure that any pre-existing damage is noted and shown in the Rental Agreement;
pay the Security Bond of $500; and
pay the estimated Rental

6.2 Longer term rentals

If the Rental Period is 30 days or more, You must also pay the ongoing Rental Charges on a weekly basis no less than 14 days in advance until the End of the Rental Period.

Special Notice: If any payment is not made by the due date or there is a default of three (3) days or more, upon reasonable notice We may repossess the Motorbike.

6.3 Security Bond

The Security Bond will be retained by Us as a security for the performance of Your obligations and liabilities under the Rental Contract and is fully refundable to You provided that:

all amounts due to Us under the Rental Contract have been paid;
the Motorbike has been returned to the Rental Station at the date and time set in the Rental Agreement or any extension of the Rental Period agreed by Us;
there is no Damage to the Motorbike or Third Party Loss;
the exterior of the Motorbike is clean (subject to fair wear and tear); and
there has not been a Major Breach of the Rental Contract.

6.4 End of the Rental

At the End of Rental You must:

return the Motorbike in a reasonable state of cleanliness and in the same condition it was in at the Start of the Rental, fair wear and tear excepted;
pay the replacement cost of the Motorbike if it is not returned at the End of the Rental and We have been unable to locate it after making reasonable enquiries;
pay for any Damage to the Motorbike or the replacement cost of the Motorbike if it is stolen and not recovered;
pay the balance of Rental Charges (if any);
pay the Damage Excess if there is Damage or Third Party Loss as a result of an Accident;
pay any costs We incur, including extra cleaning costs under clause 4 (a), in reinstating the Motorbike to the same condition it was at the Start of the Rental, fair wear and tear excepted; and

pay for all Damage and Third Party Loss arising from a Major Breach of the Rental

6.5 Tolls and fines

You and any Authorised Rider must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Motorbike or release of the Motorbike if it has been seized by a regulatory
If We receive fines or infringements for Your use of the Motorbike We will nominate You as the responsible driver and We will charge You a fee of $25 for each nomination. If We are required to pay for any fines or infringements incurred by You during the Rental Period We will charge You an administration fee for all such payments as well as charging You for the fine or

6.6 Motorbike to be locked and keys kept in Your possession

You and any Authorised Rider must make sure that the Motorbike is locked when not in use or unattended and the keys

must be kept in Your possession, or that of any Authorised Rider, at all times.

6.7 Reasonable care

You and any Authorised Rider must take reasonable care of the Motorbike by:

preventing it from being damaged;
making sure that it is protected from the weather;
using the correct fuel type and E10 fuel must not be used in the Motorbike; and
making sure it is not

6.8 Fault in the motorbike

If the Motorbike develops a fault during the Rental Period:

You must inform Us immediately:
You must not drive the Motorbike unless We have authorised You to do so; and
You must not let anyone else repair or work on the Motorbike or tow or salvage of it without Our prior written authority to do

7 Rental Period, costs & charges

7.1 Your Rental

Your rental of the Motorbike from Us is for the Rental Period and at the rate shown in the Rental Agreement.

7.2 Extending the Rental Period

We understand that circumstances change and that You may require the Motorbike for longer than the Rental If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension, and fail to return the Motorbike on the scheduled date and at the time shown in the Rental Agreement, We may terminate the Rental

7.3 Termination: Longer term rentals

Either party may terminate the Rental Contract by giving not less than three (3) days’ prior written notice to the other party. If You give that notice to Us or We give that notice to You, You must return the Motorbike to Us within 72 hours of the receipt of that notice.

7.4 Return of the Motorbike

You must return the Motorbike to the Rental Station on the date shown in the Rental Agreement, unless a notice pursuant to subclause 4 has been given in which case the Motorbike must be returned no later than the last day of the notice period.
If You fail to return the Motorbike as required by subclause 5(a):
- a late fee of $30 will be charged; and
- if the location of the Motorbike is known, We may recover it by lawful means or if its location is unknown, after making reasonable attempts to contact You, We will report the Motorbike as stolen to the

7.5 End of the Rental obligations

At the End of Rental You must also pay for all amounts owing pursuant to clause 4(b) to 6.4(e) (inclusive) and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of Rental.
Any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If any amount is due to Us or remains unpaid You authorise Us to debit that amount from the Security

7.6 Default in payment

You will be liable for all debt recovery costs if You default in the payment of any moneys owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

8 Accessories for hire

At extra cost, You may also hire accessories such as helmets, gloves, jackets and saddlebags, the cost of which will be set out on the Rental

You will be charged the replacement cost if any of the accessories are missing or not returned in the same condition as at the Start of Rental, subject to fair wear and tear.

9 Breakdowns, Servicing and Maintenance

⚠ IMPORTANT NOTICE

A breach of either subclause 9.4(b) or 9.4(d) a Major Breach of the Rental Contract. See clause 14 for further details.

9.1 We will provide You with a Motorbike that is of acceptable quality and in good working

9.2 If the Motorbike breaks down during the Rental Period We will recover and repair the Motorbike as soon as possible. If the Motorbike cannot be repaired We will use Our best endeavours to provide a replacement Motorbike where one is

9.3 Subject to the Australian Consumer Law, We are not responsible for any economic or consequential loss You may suffer if the Motorbike breaks

9.4 Motorbike servicing and maintenance for longer term rentals

It is Our responsibility to keep the Motorbike regularly serviced. A sticker is placed above the fuel tank filler showing the odometer reading in kilometres for the next scheduled service. Prior to reaching that kilometre limit You must contact Us to arrange a mutually convenient time and date for the service to be
You must take the Motorcycle to the agreed service location and on the date agreed with Us to allow the service to be
We will pay for the service, parts, tyres and any other issues with the Motorbike providing that these issues were not caused by You or any Authorised Rider.
You must maintain the engine oil and tyre pressures of the Motorbike and You must check these no less than on a weekly
A failure to have the Motorbike serviced when it has reached the kilometre limit shown on the sticker above the fuel tank filler is a Major Breach of the Rental Contract meaning there is no Damage Cover and You will then be responsible for all Damage to the Motorbike caused by the failure to have it serviced and any Third Party

10 Damage Cover

10.1 Damage Excess

- Standard Damage Cover is included in the Rental
- Subject to these Terms and Conditions, We will indemnify You and any Authorised Rider for any Damage to the Motorbike, and Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident claim unless:
  - We agree You were not at fault; and
  - the other party was insured and their insurance company accepts

10.2 When is the Damage Excess payable?

Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:

for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You; and
for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as

10.3 Younger age additional Damage Excess

An additional Damage Excess applies to You or any Authorised Rider who is 21 to 24 years of age.

10.4 Claims Administration fee

All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

11 Damage Cover Exclusions

Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Rider are liable for:
- theft of the Motorbike, however it occurs, during the course of Your rental;
- Damage or Third Party Loss arising from:
  - a Major Breach of the Rental Contract; or
  - the use of the Motorbike by any driver who is not an Authorised Rider or who is less than 21 years of age;
- Damage caused by immersion of the Motorbike in water;
- wheel or tyre damage, other than by normal wear and tear; or
- loss or damage of any of the accessories supplied pursuant to clause
There is no Damage Cover for personal items that are left in or stolen from the Motorbike or for loss or damage to property belonging to or in the custody of:
- You;
- any relative, friend or associate of an Authorised Rider, or
- any passenger

12 Toll Charges

You must pay all tolls incurred related to the use of the Motorbike on a toll
If We receive toll invoices for use of the Motorbike on a toll road, We will nominate You as the responsible driver and charge an administration fee of $25 per

13 Incident reporting

⚠ IMPORTANT NOTICE

A breach of any part of this clause 13 is a Major Breach of the Rental Contract. See clause 14 for further details.

If You or an Authorised Rider has an Accident or if the Motorbike is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report
If the Motorbike is stolen or if You or an Authorised Rider of the Motorbike has an Accident where:
- any person is injured;
- the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
- the other party appears to be under the influence of drugs or alcohol, You or the Authorised Rider must also report the theft or Accident to the
If You or an Authorised Rider has an Accident You and the Authorised Rider must:
- exchange names and addresses and email addresses with the other driver;
- take as many photos as is reasonable showing:
  - the position of the Motorbike and all other vehicles before they are moved for towing or salvage;
  - the Damage to the Motorbike;
  - the damage to any third party vehicle or property; and
  - the general area where the Accident occurred, including any road or traffic signs;
- obtain the names, addresses and phone numbers of all witnesses;
- not make any admission of fault or promise to pay the other party’s claim or release the other party from any liability;
- forward all third party correspondence or court documents to Us within 7 days of receipt; and
- co-operate with Us:
  - in the prosecution of any legal proceedings We may institute; and
  - in the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
    - Our lawyer’s office; and
    - any Court

14 Consequences of a Major Breach of the Rental Contract

If You or any Authorised Rider:
- commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Motorbike or Third Party Loss; or
- drive the Motorbike in a reckless manner so that there is a substantial breach of road safety legislation,

You and any Authorised Rider have no Damage Cover and are liable for all Damage, theft of the Motorbike and Third Party Loss.

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Motorbike if a breach of any part of clause 1 has occurred.

15 Privacy

We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to
When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to
We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

⚠ IMPORTANT NOTICE

A breach of subclause 15.4(b) is a Major Breach of the Rental Contract. See clause 14 for further details.

GPS Tracking Device
- A GPS Tracking Device is fitted to the Motorbike to enable Us to track and monitor the Motorbike when it is out of Our possession. It has electronic tracking capabilities to determine its location. When You sign the Rental Agreement You are authorising Us to use the GPS Tracking Device to track and monitor the Motorbike until it is returned to
- Any attempt to disconnect or remove the GPS Tracking Device is a Major

16 Definitions

Accident means an unintended and unforeseen incident, including:

a collision between the Motorbike and a vehicle or other object;
a single vehicle accident, where no other vehicle or object is involved, including dropping the Motorbike or failing to park it correctly; or
a weather event, including hail or cyclone Damage, that results in Damage or Third Party

Authorised Rider means any driver of the Motorbike who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.

Damage means:

any damage to the Motorbike including its parts, components and accessories that is not fair wear and tear;
towing and salvage costs;
assessing fees; and
Loss of Use,

and for the removal of doubt, any Damage to the lights, mirrors, seat or tyres that makes the Motorbike unroadworthy is

not fair wear and tear.

Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 10, subject to the Damage Cover Exclusions in clause 11.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss.

Direct Debit Service Agreement means the separate Agreement between You and Us pursuant to which the Rental Charges are automatically debited from Your cheque or savings account.

End of Rental means the date and time the Motorbike is due to be returned to Us as shown in the Rental Agreement or the date and time the Motorbike is returned to Us, whichever is the later.

GPS Tracking Device means a GPS or other device that is fitted to the Motorbike that has electronic tracking capabilities to determine its location and other functionality including recording and playback, messaging and remote disabling (which will operate only when it is safe to do so).

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Motorbike is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach means a breach of:

any of clauses 3 (all parts),4 (all parts), 5 (all parts), or sub-clauses 6, 6.7, 6.8, 9.4(b) or 9.4(d) that causes Damage, theft of the Motorbike or Third Party Loss;
clause 13 that prevents Us from properly investigating a claim for an Accident or theft; or
subclause 4(b).

Motorbike means the Motorbike described in the Rental Agreement and includes its parts, components, tools and accessories, including the helmet where this is rented.

Off Road means any area that is not a sealed road or an unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Rental Charges means the charges payable for renting the Motorbike from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Station means the location from which You rented the Motorbike.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of Rental.

Security Bond means the amount We collect from You at the Start of the Rental as security for the Damage, Damage Excess and Rental Charges and other fees and charges incurred during Your rental.

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

We, Us, Our, means GO2 Investments Pty Ltd trading as Cook’s Motorbike Hire ABN 80 605 054 724. Note: Cook’s Motorbike Hire is an independently owned and operated company that is not an affiliate, agent or franchise of the Hertz Corporation. You understand that Hertz is not a party to the Rental Contract and has no obligations to You.

You, Your means the person, whether it is an individual, a firm or company that rents the Motorbike from Us and whose name is shown in the Rental Agreement.

Terms & Conditions

1 Introduction

1.1 Rental Contract

When You rent a Motorbike from Cook’s Motorbike Hire the contract (Rental Contract) You have with Us consists of:

the agreement (Rental Agreement) You have signed to rent the Motorbike from Us; and
these rental Terms and Conditions (Terms and Conditions).

1.2 Governing law

The laws of the state of New South Wales govern the Rental Contract and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
The Australian Consumer Law provides You with rights that are not affected by the Rental Contract and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.

2 Safety induction

2.1 Public safety

2.2 Induction

At the Start of the Rental We will conduct a short induction to make sure You are familiar with the Motorbike.

3 Who may drive the Motorbike?

⚠ IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 14 for further details.

3.1 Authorised Riders

3.2 Age limits

3.3 Licence requirements

You and any Authorised Rider must also have a valid licence to drive the Motorbike and which is issued in an Australian state or territory and the licence must not be subject to any restriction or condition. Learner drivers with a valid learner’s permit issued by an Australian state or territory authority may also drive the
The Motorbike must not be driven if Your licence or the licence of any Authorised Rider has been cancelled within 2 years of the date of the Rental
The Motorbike must never be driven by You or an Authorised Rider who has provided a false or misleading name, age, address or driver’s

4 Prohibited Use

⚠ IMPORTANT NOTICE

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 14 for further details.

The Motorbike must not be driven by You or any Authorised Rider:
- whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
- recklessly or dangerously; or
- whilst the Motorbike is damaged or
You and any Authorised Rider must not use the Motorbike:
- for any illegal purpose;
- to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
- to carry more than one pillion passenger;
- for the carriage of illegal drugs or other illegal substances;
- in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

in an unsafe or un-roadworthy

You and any Authorised Rider must not:
- fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
- damage the Motorbike deliberately or recklessly or allow anyone else to do so;
- modify the Motorbike in any way;
- sell, rent, lease or dispose of the Motorbike; or
- register or claim to be entitled to register any interest in the Motorbike under the Personal Property Securities Act 2009 (Cth).

5 Where the Motorbike can and cannot be used

⚠ IMPORTANT NOTICE

A breach of any part of this clause 5 is a Major Breach of the Rental Contract. See clause 14 for further details.

Unless the Motorbike is an Adventure Motorbike, it must never be driven:
- on an Unsealed Road;
- Off-road; or
- above the snow line between 1 May and 31

Adventure Motorbikes may be driven Off-road and on Unsealed Roads provided it is safe to do so and You take reasonable care to ensure the Motorbike is not damaged.

The Motorbike must not be used in any area that is prohibited by Prohibited areas include:
- roads that are flooded;
- beaches, streams, rivers, creeks, dams and floodwaters;
- any road where the police or an authority has issued a warning;
- any road that is closed; and
- any road where it would be unsafe to drive the

6 Your obligations

⚠ IMPORTANT NOTICE

A breach of any of subclauses 6.6, 6.7, or 6.8 is a Major Breach of the Rental Contract. See clause 14 for further details.

6.1 Start of the Rental

At the Start of the Rental and before collecting the Motorbike You must:

inspect it to make sure that any pre-existing damage is noted and shown in the Rental Agreement;
pay the Security Bond of $500; and
pay the estimated Rental

6.2 Longer term rentals

If the Rental Period is 30 days or more, You must also pay the ongoing Rental Charges on a weekly basis no less than 14 days in advance until the End of the Rental Period.

Special Notice: If any payment is not made by the due date or there is a default of three (3) days or more, upon reasonable notice We may repossess the Motorbike.

6.3 Security Bond

The Security Bond will be retained by Us as a security for the performance of Your obligations and liabilities under the Rental Contract and is fully refundable to You provided that:

all amounts due to Us under the Rental Contract have been paid;
the Motorbike has been returned to the Rental Station at the date and time set in the Rental Agreement or any extension of the Rental Period agreed by Us;
there is no Damage to the Motorbike or Third Party Loss;
the exterior of the Motorbike is clean (subject to fair wear and tear); and
there has not been a Major Breach of the Rental Contract.

6.4 End of the Rental

At the End of Rental You must:

return the Motorbike in a reasonable state of cleanliness and in the same condition it was in at the Start of the Rental, fair wear and tear excepted;
pay the replacement cost of the Motorbike if it is not returned at the End of the Rental and We have been unable to locate it after making reasonable enquiries;
pay for any Damage to the Motorbike or the replacement cost of the Motorbike if it is stolen and not recovered;
pay the balance of Rental Charges (if any);
pay the Damage Excess if there is Damage or Third Party Loss as a result of an Accident;
pay any costs We incur, including extra cleaning costs under clause 4 (a), in reinstating the Motorbike to the same condition it was at the Start of the Rental, fair wear and tear excepted; and

pay for all Damage and Third Party Loss arising from a Major Breach of the Rental

6.5 Tolls and fines

You and any Authorised Rider must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Motorbike or release of the Motorbike if it has been seized by a regulatory
If We receive fines or infringements for Your use of the Motorbike We will nominate You as the responsible driver and We will charge You a fee of $25 for each nomination. If We are required to pay for any fines or infringements incurred by You during the Rental Period We will charge You an administration fee for all such payments as well as charging You for the fine or

6.6 Motorbike to be locked and keys kept in Your possession

You and any Authorised Rider must make sure that the Motorbike is locked when not in use or unattended and the keys

must be kept in Your possession, or that of any Authorised Rider, at all times.

6.7 Reasonable care

You and any Authorised Rider must take reasonable care of the Motorbike by:

preventing it from being damaged;
making sure that it is protected from the weather;
using the correct fuel type and E10 fuel must not be used in the Motorbike; and
making sure it is not

6.8 Fault in the motorbike

If the Motorbike develops a fault during the Rental Period:

You must inform Us immediately:
You must not drive the Motorbike unless We have authorised You to do so; and
You must not let anyone else repair or work on the Motorbike or tow or salvage of it without Our prior written authority to do

7 Rental Period, costs & charges

7.1 Your Rental

Your rental of the Motorbike from Us is for the Rental Period and at the rate shown in the Rental Agreement.

7.2 Extending the Rental Period

We understand that circumstances change and that You may require the Motorbike for longer than the Rental If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension, and fail to return the Motorbike on the scheduled date and at the time shown in the Rental Agreement, We may terminate the Rental

7.3 Termination: Longer term rentals

7.4 Return of the Motorbike

You must return the Motorbike to the Rental Station on the date shown in the Rental Agreement, unless a notice pursuant to subclause 4 has been given in which case the Motorbike must be returned no later than the last day of the notice period.
If You fail to return the Motorbike as required by subclause 5(a):
- a late fee of $30 will be charged; and
- if the location of the Motorbike is known, We may recover it by lawful means or if its location is unknown, after making reasonable attempts to contact You, We will report the Motorbike as stolen to the

7.5 End of the Rental obligations

At the End of Rental You must also pay for all amounts owing pursuant to clause 4(b) to 6.4(e) (inclusive) and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of Rental.
Any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If any amount is due to Us or remains unpaid You authorise Us to debit that amount from the Security

7.6 Default in payment

8 Accessories for hire

At extra cost, You may also hire accessories such as helmets, gloves, jackets and saddlebags, the cost of which will be set out on the Rental

You will be charged the replacement cost if any of the accessories are missing or not returned in the same condition as at the Start of Rental, subject to fair wear and tear.

9 Breakdowns, Servicing and Maintenance

⚠ IMPORTANT NOTICE

A breach of either subclause 9.4(b) or 9.4(d) a Major Breach of the Rental Contract. See clause 14 for further details.

9.1 We will provide You with a Motorbike that is of acceptable quality and in good working

9.2 If the Motorbike breaks down during the Rental Period We will recover and repair the Motorbike as soon as possible. If the Motorbike cannot be repaired We will use Our best endeavours to provide a replacement Motorbike where one is

9.3 Subject to the Australian Consumer Law, We are not responsible for any economic or consequential loss You may suffer if the Motorbike breaks

9.4 Motorbike servicing and maintenance for longer term rentals

It is Our responsibility to keep the Motorbike regularly serviced. A sticker is placed above the fuel tank filler showing the odometer reading in kilometres for the next scheduled service. Prior to reaching that kilometre limit You must contact Us to arrange a mutually convenient time and date for the service to be
You must take the Motorcycle to the agreed service location and on the date agreed with Us to allow the service to be
We will pay for the service, parts, tyres and any other issues with the Motorbike providing that these issues were not caused by You or any Authorised Rider.
You must maintain the engine oil and tyre pressures of the Motorbike and You must check these no less than on a weekly
A failure to have the Motorbike serviced when it has reached the kilometre limit shown on the sticker above the fuel tank filler is a Major Breach of the Rental Contract meaning there is no Damage Cover and You will then be responsible for all Damage to the Motorbike caused by the failure to have it serviced and any Third Party

10 Damage Cover

10.1 Damage Excess

- Standard Damage Cover is included in the Rental
- Subject to these Terms and Conditions, We will indemnify You and any Authorised Rider for any Damage to the Motorbike, and Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident claim unless:
  - We agree You were not at fault; and
  - the other party was insured and their insurance company accepts

10.2 When is the Damage Excess payable?

Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:

for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You; and
for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as

10.3 Younger age additional Damage Excess

An additional Damage Excess applies to You or any Authorised Rider who is 21 to 24 years of age.

10.4 Claims Administration fee

11 Damage Cover Exclusions

Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Rider are liable for:
- theft of the Motorbike, however it occurs, during the course of Your rental;
- Damage or Third Party Loss arising from:
  - a Major Breach of the Rental Contract; or
  - the use of the Motorbike by any driver who is not an Authorised Rider or who is less than 21 years of age;
- Damage caused by immersion of the Motorbike in water;
- wheel or tyre damage, other than by normal wear and tear; or
- loss or damage of any of the accessories supplied pursuant to clause
There is no Damage Cover for personal items that are left in or stolen from the Motorbike or for loss or damage to property belonging to or in the custody of:
- You;
- any relative, friend or associate of an Authorised Rider, or
- any passenger

12 Toll Charges

You must pay all tolls incurred related to the use of the Motorbike on a toll
If We receive toll invoices for use of the Motorbike on a toll road, We will nominate You as the responsible driver and charge an administration fee of $25 per

13 Incident reporting

⚠ IMPORTANT NOTICE

A breach of any part of this clause 13 is a Major Breach of the Rental Contract. See clause 14 for further details.

If You or an Authorised Rider has an Accident or if the Motorbike is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report
If the Motorbike is stolen or if You or an Authorised Rider of the Motorbike has an Accident where:
- any person is injured;
- the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
- the other party appears to be under the influence of drugs or alcohol, You or the Authorised Rider must also report the theft or Accident to the
If You or an Authorised Rider has an Accident You and the Authorised Rider must:
- exchange names and addresses and email addresses with the other driver;
- take as many photos as is reasonable showing:
  - the position of the Motorbike and all other vehicles before they are moved for towing or salvage;
  - the Damage to the Motorbike;
  - the damage to any third party vehicle or property; and
  - the general area where the Accident occurred, including any road or traffic signs;
- obtain the names, addresses and phone numbers of all witnesses;
- not make any admission of fault or promise to pay the other party’s claim or release the other party from any liability;
- forward all third party correspondence or court documents to Us within 7 days of receipt; and
- co-operate with Us:
  - in the prosecution of any legal proceedings We may institute; and
  - in the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
    - Our lawyer’s office; and
    - any Court

14 Consequences of a Major Breach of the Rental Contract

If You or any Authorised Rider:
- commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Motorbike or Third Party Loss; or
- drive the Motorbike in a reckless manner so that there is a substantial breach of road safety legislation,

You and any Authorised Rider have no Damage Cover and are liable for all Damage, theft of the Motorbike and Third Party Loss.

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Motorbike if a breach of any part of clause 1 has occurred.

15 Privacy

We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to
When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to
We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

⚠ IMPORTANT NOTICE

A breach of subclause 15.4(b) is a Major Breach of the Rental Contract. See clause 14 for further details.

GPS Tracking Device
- A GPS Tracking Device is fitted to the Motorbike to enable Us to track and monitor the Motorbike when it is out of Our possession. It has electronic tracking capabilities to determine its location. When You sign the Rental Agreement You are authorising Us to use the GPS Tracking Device to track and monitor the Motorbike until it is returned to
- Any attempt to disconnect or remove the GPS Tracking Device is a Major

16 Definitions

Accident means an unintended and unforeseen incident, including:

a collision between the Motorbike and a vehicle or other object;
a single vehicle accident, where no other vehicle or object is involved, including dropping the Motorbike or failing to park it correctly; or
a weather event, including hail or cyclone Damage, that results in Damage or Third Party

Authorised Rider means any driver of the Motorbike who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.

Damage means:

any damage to the Motorbike including its parts, components and accessories that is not fair wear and tear;
towing and salvage costs;
assessing fees; and
Loss of Use,

and for the removal of doubt, any Damage to the lights, mirrors, seat or tyres that makes the Motorbike unroadworthy is

not fair wear and tear.

Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 10, subject to the Damage Cover Exclusions in clause 11.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss.

Direct Debit Service Agreement means the separate Agreement between You and Us pursuant to which the Rental Charges are automatically debited from Your cheque or savings account.

End of Rental means the date and time the Motorbike is due to be returned to Us as shown in the Rental Agreement or the date and time the Motorbike is returned to Us, whichever is the later.

Major Breach means a breach of:

any of clauses 3 (all parts),4 (all parts), 5 (all parts), or sub-clauses 6, 6.7, 6.8, 9.4(b) or 9.4(d) that causes Damage, theft of the Motorbike or Third Party Loss;
clause 13 that prevents Us from properly investigating a claim for an Accident or theft; or
subclause 4(b).