Terms and Conditions

1. Rental of SportsMotorcycle

The Renter must be over 25 years of age and hold an Unrestricted Australian SportsMotorcycle License or current International Licence.
SportsMotorcycle Hire reserves the right to deny rental if we do not consider the Renter to possess the skills required to operate the motorcycle safely.

The Renter must provide Photo ID, or a Passport at the time of Rental.

The Renter must have recent riding experience on similar bikes to those hired from SportsMotorcycle Hire.

The Renter must provide a security deposit via credit card at the time of Rental (surcharge applies for American Express)

1.1. The Renter hires the SportsMotorcycle referred to in Item 2 of Rental Schedule and any accessories/equipment referred to in Item 6 of the Rental Schedule for the hire period referred to in Item 7 of Rental schedule.

1.2. The Renter will return the SportsMotorcycle to SportsMotorcycle Hire NO LATER THAN the end of the period referred to in Item 7of Rental Schedule.

1.3. In the event of the late return of the motorcycle, a late fee will be charged in accordance with Item 7.3.

2. Rental Charges and Deposit

2.1. The renter will pay to SportsMotorcycle Hire the rental charge specified in Item 8 of Rental Schedule for the specified period.

2.2. The Renter will provide the deposit referred to in Item 8.

3. Use of SportsMotorcycle

The renter agrees to:

3.1. To keep and deliver the SportsMotorcycle in good order and repair (only reasonable wear and tear accepted.)

3.2. Pay for repair of punctures incurred during the rental period.

3.3. Not to attempt to sell, dispose or encumber the SportsMotorcycle in any way.

3.4. Not to alter the SportsMotorcycle, including any identifying markings.

3.5. To allow inspection of the SportsMotorcycle at any reasonable time by SportsMotorcycle Hire.

3.6. To ride and operate the SportsMotorcycle in a skilful manner.

3.7. Not to authorise or permit the SportsMotorcycle to be ridden by any person other than the Renter or a personal nominated by the Renter referred to in Item 1 of Rental Schedule and authorised by SportsMotorcycle Hire.

3.8. Not to part with possession of the SportsMotorcycle unless authorised by in writing by SportsMotorcycle Hire.

3.9. Not to permit the SportsMotorcycle 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 SportsMotorcycle while under the influence of intoxicating liquor or illegal drugs.

3.10. That the Renter or any other authorised rider not allow the SportsMotorcycle to be used or operated for or in conjunction with any illegal purpose or in any hill climbing, track day, rally reliability trial or contest, stationary revving or burn outs, and SportsMotorcycle Hirell not convey any load greater than that for which the SportsMotorcycle and its luggage carriers were constructed.

3.11. Not to allow the SportsMotorcycle to be ridden or permit it to be ridden or otherwise used when it is in a damaged or unsafe condition, and
A late fee will be charged in the event of early collection or late return of the SportsMotorcycle, more than 1 hour late. This fee SportsMotorcycle Hirell be equal to the 6 hour hire for the SportsMotorcycle if the SportsMotorcycle is returned up to half a day late. If the SportsMotorcycle is returned more than half a day late, the fee SportsMotorcycle Hirell be equal to a full day hire for each day of part day until it’s return.

3.12. Not to use the SportsMotorcycle for any commercial purpose other than that expressly stated in writing in the Rental Schedule.

4. Damage

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

4.2. In the event of an accident where the SportsMotorcycle is damaged and/or unroadworthy, the hirer must pay for the recovery of the SportsMotorcycle to SportsMotorcycle Hire.

4.3. If mechanical damage is caused by the use, mis-use or abuse of the SportsMotorcycle, the renter will remain liable for the 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 SportsMotorcycle 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 SportsMotorcycle is unavailable. SportsMotorcycle Hire has no obligation to replace or supply another motorcycle for the completion of the journey or hire period.

4.4. The Renter agrees to (and will procure any authorised rider to) provide all assistance reasonable required by SportsMotorcycle Hire in relation to any accident in which the SportsMotorcycle is involved during the hire period, including the provision of statements, information and documents and will attend court to give evidence and meet with SportsMotorcycle Hire lawyers as required in relation to any legal action arising in connection with the hire of the SportsMotorcycle.

5. Renters Responsibilities

5.1. The renter acknowledges responsibility to maintain the engine oil at the required level and to maintain chain tension and lubrication, as specified in Item 4 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 Item 4.2 of this agreement.

5.2. The Renter acknowledges that the hire and use of the SportsMotorcycle is at the Renters own risk and agrees that SportsMotorcycle Hire is not liable for any loss or damage.

5.2.1. To the renter or any other person (including an authorised rider) for any property taken from the SportsMotorcycle or otherwise lost during the hire period.

5.2.2. Arising to the Renter or an authorised rider out of the breakdown of the SportsMotorcycle; or

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

5.3. The renter SportsMotorcycle Hirell be solely responsible for fines and penalties for speeding and/or reckless or careless driving or other violation of any statute, ordinance, riding on wrong side of road, red light camera, by-law or regulation of any government authority when in use or operation of the motorcycle. An administration fee may be charged to the Renter for discharge of these fines

6. Insurance

The insurance covers the hirer for accidental damage to the SportsMotorcycle including third party property.

6.1. The SportsMotorcycle referred to in Item 2 has a level of insurance referred to in Item 3.

6.2. 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.

6.3. The insurance stated at Item 3 of the Rental Schedule is void and does not apply where the Renter has breached this agreement.

6.4. In the event of a claim, payment to SportsMotorcycle Hire of the excess is payable by the Renter regardless of fault. Theft is not covered by insurance.

7. Late Return

7.1. Where the Renter fails to return the SportsMotorcycle by the end of the specified hire period, SportsMotorcycle Hire 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 SportsMotorcycle.

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

8. Cancellation

in the event of cancellation, the following conditions will apply;

Cancellation in writing 90 days or more prior to rental date, SportsMotorcycle Hire will retain a penalty of 50% of your deposit plus an administration fee of $100, and a refund of the balance of deposit paid.
If cancellation in writing is received 45 days or more, but less than 90 days prior to rental date, SportsMotorcycle Hire will retain 80% of your deposit, plus an administration fee of $100, and a refund of the balance of deposit paid.
If cancellation in writing is received 7 days or more, but less than 45 days prior to rental date, SportsMotorcycle Hire will retain the full deposit , plus an administration fee of $100, and a refund of the balance of deposit paid.
If cancellation in writing is received within 7 days of rental date, SportsMotorcycle Hire will retain the full deposit, plus 50% of hire fee , plus an administration fee of $100.

9. Withdrawal of SportsMotorcycle

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

10. Unconditional Obligation

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

11. Condition of SportsMotorcycle

The Renter acknowledges having examined the SportsMotorcycle at the commencement of the hire period and agrees that the condition of the motorcycle is as set out in Item 5 of the Rental Schedule.

12. Indemnities

The Renter indemnifies SportsMotorcycle Hire against:
Any loss of or damage to the SportsMotorcycle, however arising;
liability for any death, injury or damage to any person or property arising directly or indirectly from the motorcycle or its use; and
any loss or liability incurred by SportsMotorcycle Hire resulting from possession, use or operation of the SportsMotorcycle by the renter.

13. Exclusion of Warranties

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).
SportsMotorcycle Hire is not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the SportsMotorcycle.
Whether or not Division 2 of part V of the Trade Practices Act, 1974, or any law to a similar effect applies, SportsMotorcycle Hire’s liability for anything in relation to the SportsMotorcycle and its use, including damage or economic loss, is limited to the maximum extent permitted by law. In any event SportsMotorcycle Hire liability is limited, at its option to the replacement or cost of replacement of the SportsMotorcycle.

14. Interest

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

15. Interpretation

In this agreement:
the singular includes the plural and vice versa;
‘person’ includes a firm, body corporate, unincorporated association or any other body or entity;
a reference to either party includes that party’s legal personal representatives, successors and permitted assigns;
headings are inserted for convenience only and do not affect interpretation.
And where the context permits, ‘SportsMotorcycle” includes any accessories or equipment referred to in Item 6 of the Rental schedule.