INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (“Rental Agreement”) between WCMH and You is made on the date shown on the Rental Document You have signed in respect of the (“Rental Document”), and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“LAMS” means the Learner Approved Motorcycle Scheme in Western Australia.
“WCMH” means West Coast Motorcycle Hire ABN 44357616718 “Rental Period” means the period commencing on the date shown on the Rental Document and ending on the date that You return the Motorcycle to WCMH; “Motorcycle” means the Specified Motorcycle described on the Rental Document, and includes its parts, components, accessories and contents supplied by WCMH; “You” or “Your” refers to the person with whom the Rental Agreement is made. “Your Consumer Rights” means Your rights as a consumer under applicable consumer protection legislation, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted or modified by this Rental Agreement.
1. DRIVER, LICENSING REQUIREMENTS AND INSURANCE
1.1 You agree and acknowledge that: (a) only You will operate the Motorcycle; (b) You are currently licensed to ride the Motorcycle (either open class licence or LAMS class);
(c) You are not under 18 years of age (LAMS) or 21 years of age (Unrestricted Class);
(d) You have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.
1.2 You must provide a valid Australian Photo License OR a valid International License showing approval for the type and size of the Motorcycle requested to hire plus one other type of identification (eg: bank card, passport etc).
1.3 Hire offered
(a)No hire will be offered to those aged under 18 years old (LAMS) or 21 years old (Unrestricted Class).
(b) If you are aged 18 to 24, to hire a LAMS motorcycle You will need a current LAMS licence (No minimum years experience required) and be subject to a higher security bond/excess (refer Costs Schedule).
(c) If you are aged 21 to 24, to hire a non-LAMS motorcycle You will need an unrestricted licence and have held that class of license for a minimum of one year without loss and be subject to a higher security bond/excess (refer Costs Schedule).
(d) If you are 25 or over and You have a current LAMS license or unrestricted license, and have held this class of licence for a minimum of one year (LAMS Excepted) without loss you can hire any motorcycle (subject to your license) offered by WCMH and be subject to the basic security bond/excess (refer Costs Schedule).
1.4 You and any pillion rider confirm your understanding that Australian approved helmets are compulsory at all times whilst riding a motorcycle in Australia. Fines and Penalties are issued by the police for failure to do so.
1.5 WCMH reserves the right to refuse any hire of Motorcycle if any of the conditions of this clause are not met or for any other reason at the sole discretion of WCMH.
2. WHERE YOU CAN AND CANNOT RIDE THE MOTORCYCLE
2.1 You must only use the Motorcycle on sealed roads. The only permitted exceptions are where minimal exposure to car parking, driveways, tourist parking spots and road works closely connected to sealed roads.
2.2 You must not, unless authorised in writing by WCMH, drive or take the Motorcycle: (a) Outside of mainland Australia or Tasmania
(b) Off sealed roads or on unsealed roads
(c) On beaches or through streams, rivers, creeks, dams, floodwaters or through snow.
2.3 Hire is strictly for the period of time stated and late fees will be charged for late returns (refer to Cost Schedule). Motorcycles returned late remain subject to all these terms and conditions.
2.4 Unlimited kilometres are included in hire.
2.5 One way travel is permitted to any capital city within Australia only with the prior written approval of WCMH and any resulting costs incurred by WCMH in returning the Motorcycle to Perth will be at Your cost. (Price Quoted Upon Request)
2.6 Long Term Hire:
(a) Where a Motorcycle is hired for an extended period of time (more than 5 days) or distance (more than 1000 km’s) and requires any tyres to be replaced or where any scheduled service must be conducted within the hire period, Your must provide full assistance to WCMH to arrange such servicing.
(b) All costs directly related to such works under this clause will be paid by WCMH direct to the service provider (where possible) or (if not) reimbursed to You upon presentation of valid receipts.
(c) The service provider, choices of items and location will be at WCMH’s discretion.
(d) WCMH must be advised at time of booking (verbally or email) if you plan to travel more than 1000km’s during your hire.
3. USE OF THE MOTORCYCLE
3.1 You must:
(a) not allow the Motorcycle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Motorcycle to be used to tow or push anything;
(c) not carry any more than 1 pillion passenger (where allowed by your licence class), 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 Motorcycle is driven or as permitted by your licence and subject to the state or territory laws and you must not do or take anything that may adversely affect your ability to operate the Motorcycle;
(e) not allow the Motorcycle to be used to carry passengers for payment or reward of any kind;
(f) not use the Motorcycle when it is damaged or unsafe;
(g) not use the Motorcycle to transport goods;
(h) not use the Motorcycle for the conveyance or towing of any load;
(i) not use the Motorcycle 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 Motorcycle in contravention of any law.
3.2 You must pay for any unauthorised repairs to the Motorcycle and for all parking and traffic infringements in respect of the Motorcycle during the Rental Period.
3.3 You must not carry any animal or pet on the Motorcycle.
3.4 You or any passenger must not smoke on the Motorcycle.
3.5 You must not drive the Motorcycle if WCMH has so directed You.
(a) You must use as a minimum Premium Unleaded Fuel (95 Octane) in the Motorcycle. 98 Octane unleaded is recommended for best performance and reliability.
(b) Any damage due to incorrect fuel will incur charges to You.
(c) Motorcycles are provided with a full tank of fuel and are to be returned with a full tank of fuel. A fee will be charged if the Motorcycle is returned without a full tank (refer to Cost Schedule).
3.7 You agreed to operate the Motorcycle in an appropriate and responsible manner.
3.8 You agree not to act offensively whilst riding the Motorcycle.
3.9 You agree that You are responsible for the Motorcycle during the hire period and that you will not allow anyone else to use or take possession of the Motorcycle.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 You must:
(a) check both front and rear tyre pressures, tyre wear & condition, all lights, horn, both front and rear brake operation, dash for all warning lights of the Motorcycle and conduct a visual inspection of the whole Motorcycle each day before use;
(b) keep the Motorcycle secure and the keys under Your personal control at all times and not leave the Motorcycle unlocked and unattended at any time;
(c) comply with all Australian road laws;
(d) Use alarm (where fitted) to protect motorcycle from theft.
(e) If any warning lights remain illuminate, then immediately make contact with WCMH to discuss what action needs to be taken.
4.2 In the unlikely and unforeseen event that your Motorcycle does require assistance for any mechanical troubles or difficulties or is involved in an accident or is damaged or is stolen, You must immediately contact WCMH.
4.3 WCMH will assist You with arrangements for towing or repairs or exchange of the Motorcycle however WCMH gives no warranty that it will be able to repair or replace the Motorcycle during the hire period. You must assist WCMH with any arrangements WCMH makes to either repair or collect the Motorcycle.
4.4 WCMH will not be liable to You for any delays, costs, damage or losses incurred due to breakdown, accident, damage or theft of the Motorcycle and will not be required to refund the remaining hire period. WCMH recommends that You should take out your own travel insurance for this purpose.
4.5 You must not have repairs to the Motorcycle carried out unless WCMH expressly authorises You to do so, save for clause 4.6. WCMH requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist WCMH. WCMH will reimburse You for any repairs to the Motorcycle authorised by it, provided that the cost of those repairs is verified to the extent that WCMH cannot verify the cost of repairs, WCMH will not reimburse You.
4.6 Incidental items under the value of $50.00 can be carried out without prior approval from WCMH. Justifiable costs will be reimbursed by WCMH upon valid receipt provided.
4.7 If the Motorcycle has mechanical difficulties, You must provide full assistance to WCMH to deliver the Motorcycle to a safe, secure location approved by WCMH.
4.8 If the mechanical difficulties (eg: flat battery, no fuel, any misuse etc) or damage are caused by You a call out fee plus any costs incurred to render assistance will be charged (Conditions Apply)
5. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5, You are liable:
(a) for the loss of, and all damage to, the Motorcycle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You; or
(ii) which arises from the use of the Motorcycle by You. This clause 5 does not apply to any damage or loss for which WCMH is liable to You under this Rental Agreement. Remember that references to the Motorcycle includes all of its parts, components, accessories and contents.
5.2 Subject to clause 5.3, if:
(a) You pay the excess shown on the Rental Document for each separate event involving damage to or loss of the Motorcycle or for each separate event involving damage to the property of any third party which is caused by the use of the Motorcycle by You, WCMH:
(i) waives Your liability under clause 5.1 for damage to the Motorcycle or loss of the Motorcycle; and
(ii) agrees that You are entitled to be indemnified under a policy of motor insurance provided by a registered insurer for Your legal liability to a third party for damage to the property of that third party which is caused by the use of the Motorcycle by You.
5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Motorcycle 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:
(ii) any other rider of the Motorcycle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Motorcycle or to third party property caused by You using, or permitting the Motorcycle to be used, in any area prohibited by the Rental Agreement;
(e) the cost of any repairs caused by, but not limited to, contact between the Motorcycle and objects overhanging or obstructing the path of the Motorcycle; or
(f) the cost of repairing any water damage to the Motorcycle or any underbody damage, and any resulting damage from that underbody damage, to the Motorcycle.
5.4 For the purposes of this clause 5, the amount You must pay for any damage or repair that may be reasonably determined by WCMH and includes:
(a) the cost of repairs to the Motorcycle or the market value of the Motorcycle 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 Motorcycle. If the amount determined by WCMH and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, WCMH will refund the difference to You.
6. RETURN OF MOTORCYCLE
6.1 You must return the Motorcycle to WCMH:
(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 You must return the Motorcycle to WCMH during our normal business hours (Prior notice is required if different to the time stated on WCMH Rental Document). If You return the Motorcycle later than the time shown on the rental document, You must pay all additional rental charges (see Costs Schedule).
6.3 WCMH may request the immediate return of the Motorcycle, or WCMH may re-take the Motorcycle without notice, if WCMH reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Motorcycle, or injury to persons or property is likely to occur; or
(c) the Motorcycle will be involved in an industrial dispute; and
(d) the Motorcycle may be used for an unlawful purpose; You must also pay WCMH any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Motorcycle.
6.4 WCMH reserve the right to refuse hire of another Motorcycle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
6.5 The security bond paid by You will only be refunded in full if the Motorcycle is returned without any damage. If the Motorcycle is damaged the security bond is subject to clause 7.
6.6 If the Motorcycle is returned early, there will be no refund provided by WCMH for the unused portion of the rental period.
7. CLAIMS AND PROCEEDINGS
7.0 Where the use of the Motorcycle by You or any other person results in an accident or claim, or where damage or loss (including theft of the Motorcycle) is sustained to the Motorcycle or any third party property, You must:
(a) promptly report such incident to the local police and obtain a police report (where required by the state or territory law);
(b) promptly report such incident in writing to WCMH (within a maximum of 24 hours) and complete any incident form provided by WCMH;
(c) not, without WCMH’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit WCMH 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 WCMH may claim in Your name, and assist WCMH in making such a claim;
(f) complete and furnish to WCMH within a reasonable time any statement, information or assistance which WCMH or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
8.1 You must pay to WCMH at the commencement of the rental the estimated cost of the rental and the security bond / excess.
8.2 At the end of the Rental Period, You must pay WCMH on demand:
(a) all outstanding charges specified on the Rental Document and all charges payable under the Rental Agreement; (b) any amount paid or payable by WCMH or You to any person arising out of Your use of the Motorcycle or imposed on You or WCMH by any governmental or other competent authority (such as speeding, parking and traffic fines, tolls or any other infringement or penalty issues in relation to use of the Motorcycle by You); and
(c) any amount for which You are liable to WCMH under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
Where required by law, WCMH will pass on your details to any relevant body.
8.3 The minimum charge You must pay for the rental of the Motorcycle is an amount equivalent to one day’s rental at the “daily rate” shown on the Rental Document (subject to clause 6.4);
8.4 You authorise WCMH to charge all moneys payable to WCMH under the Rental Agreement to Your credit card or charge account or You will make immediate payment by cash, bank transfer (funds to clear first), Visa or MasterCard. Any bank charges or currency exchange rates are outside WCMH’s control. Refer to the Costs Schedule for bank changes for use of credit cards.
8.5 WCMH will pay any refund due to You by such method as WCMH may reasonably choose within a reasonable time.
9. LIABILITY OF WCMH AND INDEMNITY AND ACKNOWLEDGEMENT OF RISK
9.1 Unless it is negligent, WCMH is not liable to any person, and You indemnify WCMH, for any loss of, or damage to, any property:
(a) stolen from the Motorcycle or otherwise lost during the rental; or
(b) left in the Motorcycle after its return to WCMH.
9.2 You agree not to make a claim, instigate a claim, and demand any expenses against WCMH for any personal injury, injury to others, property damage, loss of life suffered while using a WCMH Motorcycle.
9.3 You fully understand and acknowledge that being on a motorcycle can be dangerous and can expose You or others to potential injury or death, and that WCMH is unable to control the way other motorists drive or act and you unreservedly accept that risk.
9.4 You understand that You have been strongly urged to obtain Personal Travel Insurance.
9.5 Neither clause 9 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 Competition and Consumer Act 2010 (Cth), or any other State or Territory legislation to the same effect.
10.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
10.2 You may terminate the Rental Agreement at any time for any other reason.
10.3 If the Rental Agreement is terminated early for any reason other than a breach by WCMH, You agree to pay the full rental charges for the whole of the hire period, which reflects the loss of the outstanding rental hire to WCMH and the loss of the ability to re-hire the vehicle for the period of the hire.