Terms and Conditions

Rental of Motorcycle
1.1 The Renter hires the Motorcycle referred to in item 3 of the Rental Schedule and any accessories or equipment referred to in item 7 of the Rental Schedule for the hire period referred to in item 8 of the Rental Schedule.

1.2 The Renter will return the Motorcycle to Ozrider NO LATER THAN the end of the hire period as referred to in item 8 of the Rental Schedule.

1.3 In the event of the late return of the Motorcycle, a late fee will be charged in accordance with Clause 8.3 of the Terms and Conditions.

Rental Charge and Deposit

2.1 The Renter will pay to Ozrider the rental charge specified in item 9 of the Rental Schedule for the specified hire period.

2.2 The Renter will provide the deposit referred to in item 9 of the Rental Schedule by credit card acceptable to Ozrider. The deposit is refundable (by cheque or credit card) after return of the Motorcycle and a reasonable time allowed for servicing and checking, subject to any deductions authorized by this Agreement.

2.3 The Renter agrees to pay the other amounts set under item 6 and item 7, calculated in accordance with the price list, and any stamp duty, fees, outgoings, penalties, fines or costs imposed by any authority.

2.4 The Renter agrees to have all charges relating to this Agreement, including parking tickets, traffic infringement notices, Motorcycle retrieval costs and low fuel charged to the imprinted credit card.

3 Service

3.1 Ozrider will service the Motorcycle upon return of the Motorcycle from the Renter and shall deduct from the deposit the cost of oil, repairs, replacement parts, or any other moneys owing under this Agreement.

4 Use of Motorcycle

The Renter agrees

4.1 To keep and deliver up the Motorcycle in good order and repair (reasonable wear and tear only excepted);

4.2 Not to attempt to sell, dispose of or encumber the Motorcycle in any way;

4.3 Not to alter the Motorcycle, including any identifying markings, without Ozrider’s prior written consent;

4.4 To allow inspection of the Motorcycle at any reasonable time;

4.5 To ride and operate the Motorcycle in a skillful manner;

4.6 Not to authorize or permit the Motorcycle to be ridden by any person other than the Renter or a person nominated by the Renter referred to in item 2 of the Rental Schedule;

4.7 Not to part with possession of the Motorcycle unless authorized in writing by Ozrider;

4.8 Not to permit the Motorcycle to be operated in a careless or dangerous manner, in breach of any statutes, regulations or rules in relation to the use or riding of motorcycles, nor to operate or ride the Motorcycle whist under the influence of intoxicating liquors or illegal drugs;

4.9 That the Renter or any other authorized rider will hold a motorcycle licence acceptable to the relevant traffic authorities and that the Renter and any authorized rider is over 21 years of age;

4.10 Not to allow the Motorcycle to be used or operated for or in conjunction with any illegal purpose or in any hill climbing tests, rally, reliability trial or contest, stationary revving or burn outs, and shall not convey any load greater than that for which the Motorcycle and its luggage carriers were constructed;

4.11 Not to allow the Motorcycle to be ridden or permit it to be ridden or otherwise used when it is in a damaged or unsafe condition and

4.12 Not to use the Motorcycle for any commercial purpose other than that expressly stated in writing in the Schedule overleaf.

5 Damage

5.1 Where damage occurs to the Motorcycle, mechanical difficulty arises, or the Motorcycle is involved in an accident, the Renter will immediately notify Ozrider and will act in accordance with instructions given by Ozrider.

5.2 If mechanical damage is caused by the use, mis-use or abuse of the Motorcycle, the Renter will remain liable for hire charge for the remainder of the unexpired hire period together with all repair costs, replacement parts and costs for the cancellation or postponement of the hire of the Motorcycle as a result of its unavailability. This will be calculated by determining the percentage usage, over 60 days immediately preceding the damage, and multiplying this by the number of days that the Motorcycle is unavailable.

5.3 The Renter agrees to (and will procure any authorized rider to) provide all assistance reasonably required by Ozrider in relation to any accident in which the Motorcycle is involved during the hire period, including the provision of statements, information and documents and will attend court to give evidence and meet with Ozrider’s lawyers as required in relation to any legal action arising in connection with the hire of the Motorcycle.

6 Renter’s Responsibilities

6.1 The Renter acknowledges responsibility to maintain the engine oil at the required level and to maintain chain tension and lubrication, as specified in item 5 of the Rental Schedule. The engine oil, chain tension and lubrication must be checked each time the bike is ridden. Failure to check these items specified will be treated as abuse under paragraph 5.2 of this Agreement.

6.2 The Renter acknowledges that the hire and use of the Motorcycle is at the Renter’s own risk and agrees that Ozrider is not liable for any loss or damage:

6.2.1 To the Renter or any other person (including an authorized rider) for any property taken from the Motorcycle or otherwise lost during the hire period;

6.2.2 Arising to the Renter or an authorized rider out of the breakdown of the Motorcycle; or

6.2.3 For any personal injury or property damage occasioned to the Renter or any other person from the use of the Motorcycle howsoever occurring.

6.3 The Renter shall only drive the Motorcycle on formed and sealed public roads in a safe and careful manner, and is to take all responsible care necessary.

6.4 The Renter shall be solely responsible for fines and penalties for speeding and/or reckless or careless driving or other violation of any statute, ordinance, by-law or regulation of any governmental authority when in use or operation of the motorcycle. An administration fee may be charged to the Renter for discharge of these fines.

7 Insurance

7.1 The Motorcycle referred to in item 3 of the Rental Schedule has a level of insurance refereed to in item 4 of the Rental Schedule.

7.2 Irrespective of the level of insurance that applies to this agreement, the ‘at fault rider’ has no cover for damage or personal injury to himself.

7.3 The insurance stated at item 4 of the Rental Schedule is void and does not apply where the Renter has breached this agreement.

7.4 Until a claim has been settled by payment to Ozrider, the excess will be payable by the Renter, regardless of fault.

8 Late Return

8.1 Where the Renter fails to return the Motorcycle by the end of the specified hire period, Ozrider may without affecting any other rights, notify the Police or any other relevant authority of the failure and take such action or proceedings as considered necessary for recovery of possession of the Motorcycle.

8.2 The Renter agrees to indemnify Ozrider for all costs incurred by Ozrider in connection with the recovery of the Motorcycle. Ozrider may enter any premises where it believes the Motorcycle may be located. In such event the Renter releases Ozrider from any liability or damage incurred in retaking or attempting to retake the Motorcycle.

8.3 A late fee will be charged in the event of early collection or late return of the Motorcycle. This fee shall be equal to the half day hire for the Motorcycle if the Motorcycle is returned up to half a day late. If the Motorcycle is returned more than half a day late the fee shall be equal to a full day hire for each day or part day until its return.

9 Cancellation

A cancellation or postponement of any booking may, at the sole discretion of Ozrider, result in the loss of any moneys held for the booking.

10 Withdrawal of Motorcycle

Ozrider may repossess the Motorcycle at any time without demand upon Ozrider becoming aware that the Renter is in breach of any term or condition of this Agreement or that the Motorcycle is damaged in any way or that continuing use of the Motorcycle would be likely to adversely affect the Motorcycle or its performance.

11 Unconditional Obligation

The Renter’s obligation to pay rental charges, service fees, and any other moneys under this Agreement is absolute and unconditional. Without limitation, the Renter’s payment obligations will continue notwithstanding any defect in, breakdown, accident, loss, theft or damage to the Motorcycle.

12 Condition of Motorcycle

The Renter acknowledges having examined the Motorcycle at the commencement of the hire period and agrees that the condition of the Motorcycle is as set out in item 6 of the Rental Schedule.

13 Exclusion of Warranties

13.1 To the full extent permitted by law, all express and implied terms, conditions and warranties (other than the ones set out in this Agreement) are excluded.

13.2 Ozrider is not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Motorcycle.

13.3 Where or not Division 2 of part V of theTrade Practices Act, 1974 or any law to a similar effect applies, Ozrider’s liability for anything in relation to the Motorcycle and its use, including damage or economic loss, is limited to the maximum extent permitted by law, in any event Ozrider’s liability is limited, as its option, to the replacement or cost of replacement of the Motorcycle.

14 Indemnities

The Renter indemnifies Ozrider against:

14.1 any loss of or damage to the Motorcycle, however arising;

14.2 liability for any death, injury or damage to any person or property, arising directly or indirectly from the Motorcycle or its use; and

14.3 any loss or liability incurred by Ozrider resulting from possession, use or operation of the Motorcycle by the Renter.

15 Interest

Where any moneys are required to be paid by the Renter to Ozrider, and such moneys exceed the deposit, then Ozrider is entitled to charge interest at a daily rate of fourteen (14) per cent per annum on all amounts due. Ozrider will be entitled to recover from the Renter all expenses on an indemnity basis incurred in recovering any outstanding moneys from the Renter.

16 Severance

If any provision of this Agreement is or becomes illegal, invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue unaffected.

17 Governing Law

This Agreement and all transactions under this Agreement are governed by the laws of New South Wales. Ozrider and the Renter agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

18 Waiver

No waiver by Ozrider of any default, breach or repudiation by the Renter will affect Ozrider’s rights in respect of any further or continuing default, breach or repudiation.

19 Interpretation

In this Agreement:

19.1 the singular includes the plural and vice versa;

19.2 ‘person’ includes a firm, body corporate, unincorporated association or any other body or entity;

19.3 a reference to either party includes that party’s legal personal representatives, successors and permitted assigns;

19.4 headings are inserted for convenience only and do not affect interpretation;

19.5 and where the context permits, ‘Motorcycle includes any accessories or equipment referred to in item 7 of the Rental Schedule.