SPM Rental Agreement 2017
- INTERPRETING YOUR RENTAL AGREEMENT
In these Terms and Conditions: SPM means Sydney Performance Motorcycles Pty Ltd ACN 53 116 742 431 which is the owner of the Motorcycle which is rented to You under the Rental Agreement.
SPM Rental Contract means the agreement You have with SPM for the rental of the Motorcycle and consists of: (a) the SPM Rental Agreement (Rental Agreement); and (b) these Terms and Conditions of Rental (Terms and Conditions).
Damage Cover Excess means the amount payable in the event of loss or damage in accordance with clause 3.2. The Damage Cover Excess amount is equal to double the Security Bond but can be reduced by 50% subject to an optional daily Damage Cover Excess reduction fee as per the Cost Schedule.
LAMS means the Learner Approved Motorcycle Scheme in New South Wales.
Major Breach means a breach of any of clauses 2.1, 2.2, 4.1(a), 6, 7.7, 7.8 or 10.1 that causes damage to the Motorcycle or to the property of any third party.
Motorcycle means the motorcycle described in the Rental Agreement and includes its parts, components, accessories, riding gear including all accessories, keys, equipment and tools, trailer or any motorcycle substituted by SPM pursuant to the SPM Rental Contract
Rental Period means the period commencing on the date shown on the Rental Agreement and ending on the date the Motorcycle is returned to SPM.
Security Bond means the amount SPM charges and holds until the safe return of the Motorcycle in accordance with the Rental Agreement. The Bond amount is shown on the Rental Agreement and the Cost Schedule.
You, Your means the person shown on the Rental Agreement who rents any Motorcycle from Sydney Performance Motorcycles Pty Ltd.
- DRIVER LICENCING REQUIREMENTS AND DAMAGE COVER
- You agree and acknowledge that:
- a valid licence that is appropriate to ride the chosen Motorcycle class;
- the licence is current for the Rental Period; and
- it shows Your current residential address;
- You are currently appropriately licenced to drive a motor vehicle towing a trailer (if a trailer is hired from SPM);
- You are not under 21 years of age;
- You have not had Your driver’s licence cancelled or suspended within the last three years; and
- You alone are responsible for the operation of the Motorcycle.
2.2 You must provide a valid Australian Photo Licence or a valid International Licence written in English or translated into English showing approval for the type and size of the Motorcycle requested to hire plus one other type of identification (e.g. bank card, passport etc).
2.3 SPM offers the following Motorcycles for rental:
- You must be at least 16 years and 9 months and hire the Honda CB125e for the sole purpose of attending the RTA Pre-Provisional Course or structured rider training lessons.
- You must be at least aged 18 and have a current Learner or Provisional licence and You will be subject to the Security Bond and Damage Cover Excess as per the Costs Schedule.
- If You are aged 25 and over, You must have a current learner or Provisional licence and You will be subject to the Security Bond and Damage Cover Excess as per the Costs Schedule.
- You must not carry any pillion passengers.
- You must be at least aged 25 and You must have an unrestricted Motorcycle licence and You will be subject to the Security Bond and Damage Cover Excess as per the Costs Schedule.
2.4 You and any pillion rider acknowledge Your understanding that Australian approved helmets are compulsory at all times whilst riding a Motorcycle in Australia and that fines and penalties are issued by the police for failure to do so.
2.5 Acting reasonably, SPM reserves the right to refuse the hire of the Motorcycle if any of the conditions of this clause 2 are not met.
2.6 Irrespective of the level of Damage Cover that applies to the SPM Rental Contract, You have no cover for damage or personal injury other than the cover provided by compulsory third party insurance applicable to the state where the Accident occurs.
2.7 Until a claim has settled by payment to SPM, the Damage Excess must be paid by You.
- LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
3.1 You are liable for:
- the loss of, and all damage to, the Motorcycle; and
- all damage to the property of any person, which is caused or contributed to by You or which arises from the use of the Motorcycle by You or any person You allow to use the Motorcycle.
3.2 Subject to clause 3.3 and with payment of up to the Damage Excess shown on the Rental Agreement 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, SPM:
- waives Your liability under clause 3.1 for damage to the Motorcycle or loss of the Motorcycle; and
- 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.
3.3 In addition to clause 3.2 You are liable and must always pay to SPM the following additional costs and fees:
- the cost of rectifying any tyre damage not attributable to normal wear and tear;
- the cost of repairing any damage caused deliberately or recklessly by:
- any other rider of the Motorcycle; or
- any passenger carried during the Rental Period;
- 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; and
- 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.
3.4 For the purposes of clause 3.3 the amount You must pay for any damage or repair that may be reasonably determined by SPM includes:
- 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;
- appraisal fees;
- towing, storage and recovery costs;
- reasonable administrative fees reflecting the cost of making arrangements for repairs and towing and other administrative activities; and
- a per day loss of use fee based on the estimated downtime of the Motorcycle. If the amount determined by SPM and paid by You under this clause 3.4 exceeds the final cost of the damage or repair, SPM will refund the difference to You.
3.5 The Security Bond paid prior to the start of the Rental Period is fully refundable provided that:
- all amounts due to SPM under the Rental Agreement have been paid;
- the Motorcycle has been returned to SPM at the date and time set in the Rental Agreement;
- the is no damage to the Motorcycle or third party loss;
- the Motorcycle is clean;
- the Motorcycle has a full tank of fuel; and
- there has not been a Major Breach of these Terms and Conditions.
3.6 Until a claim is settled by payment to SPM, the Damage Excess must be paid by You.
- VEHICLE CONDITION AND RETURN
4.1 SPM delivers the Motorcycle to You in good operating condition. You must return the Motorcycle to SPM:
- either to the place, on the date and by the time shown on the Rental Agreement or have it ready for collection by SPM at the place, on the date and by the time shown on the Rental Agreement; and
- in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
4.2 If You return the Motorcycle later than the time shown on the Rental Agreement or the Motorcycle is not ready for collection by SPM as agreed on the Rental Agreement, You are liable for all additional rental charges on a day to day rental rate (refer Costs Schedule).
4.3 Acting reasonably, SPM reserves the right to request the immediate return of the Motorcycle, or SPM may repossess the Motorcycle without notice, at Your expense should any of the following occur:
- You have committed a Major Breach of these Terms and Conditions;
- damage to the Motorcycle, or injury to persons or property is likely to occur;
- the Motorcycle will be involved in an industrial dispute;
- the Motorcycle is illegally parked and presents a danger to other road users or is exposed to probable risk of damage;
- the Motorcycle is used in violation of any law which constitutes an indictable offence; or
- the Motorcycle is apparently abandoned.
- You must also pay SPM 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.
4.4 SPM reserve the right to refuse hire of another or additional Motorcycle to You following any incident or accident or where You have committed a Major Breach of these Terms and Conditions.
4.5 If the Motorcycle is returned early, there is no refund for the unused portion of the Rental Period.
4.6 Should You desire to extend the hiring period beyond the due date and time, authorisation must be sought from SPM. Such authorisation must be sought prior to the due in date and time as shown in the Rental Agreement otherwise SPM shall immediately report the Motorcycle as stolen.
- CLAIMS AND PROCEEDINGS
- 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:
- promptly report such incident to the local police and obtain a police report (where required by the state or territory law);
- promptly report such incident in writing to SPM (within a maximum of 48 hours) and complete any incident form provided by SPM;
- not, without SPM’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
- permit SPM or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
- permit or ensure that SPM may claim in Your name, and assist SPM in making such a claim; and
- complete and furnish to SPM within a reasonable time any statement, information or assistance which SPM or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
- UNAUTHORISED AND PROHIBITED USE
- For the duration of the rental agreement the SPM Motorcycle must not be used:
- whilst You are under the influence of alcohol, drugs or have a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the legal limit in the State or Territory in which the Motorcycle is driven or as permitted by Your licence and You must not do or take anything that may adversely affect Your ability to operate the Motorcycle;
- on unsealed road or off road conditions, unless specifically authorised by SPM in writing at the start of the rental – appropriate tyres needs to be fitted for such arrangements – the only permitted exceptions are unsealed car parking, driveways, tourist parking spots and road works closely connected to sealed roads;
- outside of mainland Australia or Tasmania;
- by persons other than those identified on the Rental Agreement;
- to propel or tow another vehicle, trailer, boat or any other object;
- to carry more than 1 pillion passenger (where allowed by Your licence class) and/or a greater load than that permitted by the law;
- to carry passengers for payment or reward of any kind;
- to carry any animal or pet;
- to carry any inflammable substance or any other explosive or corrosive substances;
- to transport goods including water skis, surfboards, bicycles, canoes or the like on the Motorcycle;
- in a manner and/or for the purposes other than for which the Motorcycle was designed and constructed;
- for any illegal purpose, race, contest or performance test of any kind;
- on beaches or through streams, rivers, creeks, dams, floodwaters or through snow;
- when it is damaged or unsafe; or
- to perform paid work such as food delivery or courier services;
- USE OF MOTORCYCLE
7.1 Rental is strictly for the period of time stated and late fees will be charged for late returns. If the Motorcycle is returned late You remain subject to all these terms and conditions.
7.2 Unlimited kilometres are included in the rental agreement.
7.3 One way travel is permitted to any capital city within Australia only with the prior written approval of SPM and any resulting costs incurred by SPM in returning the Motorcycle to Sydney will be at Your cost (the price can be quoted upon request).
7.4 Long Term Rental:
- Where the Motorcycle is rented for an extended period of time (more than 5 days) or distance (more than 1,000 km’s) and requires any tyres to be replaced or where any scheduled service must be conducted within the Rental Period, You must provide full assistance to SPM to arrange such servicing;
- all costs directly related to such works under this clause will be paid by SPM direct to the service provider (where possible) or (if not) reimbursed to You upon presentation of valid receipts;
- the service provider, choices of items and location are at SPM’s sole discretion; and
- SPM must be advised at the time of booking (in writing) if You plan to travel more than 1,000km during the Rental Period.
7.5 You are liable for any unauthorised repairs to the Motorcycle and for all parking and traffic infringements in respect of the Motorcycle during the Rental Period.
- You must use as a minimum Premium Unleaded Fuel (95 Octane) in the Motorcycle;
- You are liable for and must pay for any damage caused by the use of incorrect fuel; and
- the Motorcycle is provided with a full tank of fuel and You must return it with a full tank of fuel. An administrative fee, plus the cost of the fuel, will be charged if the Motorcycle is returned without a full tank (refer to Cost Schedule)
7.7 You agree to take reasonable care of the Motorcycle during the Rental Period and:
- to operate it in an appropriate and responsible manner at all times; and
- to prevent anyone who is not an authorised rider from using or taking possession of the Motorcycle.
7.8 You agree not to act offensively whilst riding the Motorcycle.
7.9 The use of the motorcycle at any racetrack, track day or closed circuit event is prohibited; with the exception of closed circuit rider training events.
- FINANCIAL OBLIGATIONS
8.1 Prior to the commencement of the Rental Period:
- You must pay to SPM the estimated cost of the rental fee; and
- on the day of collection of the Motorcycle a preauthorisation on Your credit card will be obtained for the amount of the Security Bond as shown in in the Rental Agreement (refer to Cost Schedule).
8.2 At the end of the Rental Period, You must pay SPM:
- all outstanding charges specified on the Rental Agreement and all charges payable under the SPM Rental Contract;
- any amount paid or payable by SPM or You to any person arising out of Your use of the Motorcycle or imposed on You or SPM 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
- any amount for which You are liable to SPM under the Rental Agreement, in respect of a breach of the SPM Rental Contract or otherwise.
8.3 Where required by law, SPM will pass on Your details to any governmental or other relevant authority.
8.4 By entering into the SPM Rental Contract You authorise SPM to debit Your credit card or charge account with all moneys payable to SPM under the Rental Agreement within a reasonable period after the end of the Rental Period. You may pay by cash, bank transfer (funds to clear first), Visa or MasterCard. Any bank charges or currency exchange rates are outside SPM’s control.
8.5 SPM will pay any refund due to You by such method as SPM may reasonably choose within a reasonable time.
8.6 SPM will not refund the rental charges if mechanical damage is caused by the misuse or abuse of the Motorcycle. You will remain liable for the rental charges for the remainder of the unexpired Rental Period together with all repair costs, replacement parts and costs for the cancellation or postponement of the rental of the Motorcycle to future customers 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.
8.7 If You fail to pay SPM any amount due under the SPM Rental Contract You must also:
- Pay SPM interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to SPM and ending on the date of payment of all amounts due; and
- pay the reasonable costs and charges SPM incurs in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs.
9.1 All rental cancellations must be made in writing. The following cancellation fee structure applies:
- 20% of total rental fee or an amount equivalent to one day’s rental fee whichever amount is the smallest, applies if cancellation is made one month prior to the commencement of the Rental Period;
- 50% of total rental fee or an amount equivalent to two day’s rental fee whichever amount is the smallest, applies if cancellation is made two weeks prior to the commencement of the Rental Period; and
- 100% of total rental fee or an amount equivalent to three day’s rental fee whichever amount is the smallest, applies if cancellation is made one week prior to the commencement of the Rental Period.
10.1 You Must:
- conduct a visual inspection of the whole Motorcycle each day before use including checking front and rear tyre condition (pressure & wear), all lights, horn, both front and rear brake operation, engine oil, chain lubrication and dash for any warning lights;
- 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;
- comply with all Australian road laws;
- use the alarm (where fitted) to protect the Motorcycle from theft; and
- if any warning lights remain illuminated, immediately contact SPM to discuss what action needs to be taken.
10.2 In the unlikely and unforeseen event that You require assistance for any mechanical troubles or difficulties with the Motorcycle or is involved in an accident or is damaged or is stolen, You must immediately contact SPM.
10.3 SPM will assist You with arrangements for towing or repairs or exchange of the Motorcycle however SPM gives no warranty that it will be able to repair or replace the Motorcycle during the Rental Period as a replacement is always subject to availability. You must assist SPM with any arrangements SPM makes to either repair or collect the Motorcycle or its replacement.
10.4 Unless it has been negligent, SPM will not be liable 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 Rental Period. SPM recommends that You take out travel insurance for this purpose.
10.5 You will not have repairs to the Motorcycle carried out unless SPM expressly authorises You to do so, save for clause 10.6. SPM requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist SPM. SPM will reimburse You for any repairs to the Motorcycle authorised by SPM. The cost of those repairs not verified by SPM cannot be reimbursed to You.
10.6 Incidental items under the value of $50.00 can be carried out without prior approval from SPM. Justifiable costs will be reimbursed by SPM upon valid receipt provided.
10.7 If the Motorcycle has mechanical difficulties, You must provide full assistance to SPM to deliver the Motorcycle to a safe, secure location approved by SPM.
10.8 If the mechanical difficulties (e.g.: 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.
- LIABILITY, INDEMNITY AND RISK
11.1 Unless it is negligent, SPM is not liable to You or any person, and You indemnify SPM, for any loss of, or damage to, any property:
- stolen from the Motorcycle or otherwise lost during the Rental Period; or
- left in or on the Motorcycle at any time before, during or after the Rental Period.
11.2 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 SPM is unable to control the way other motorists drive or act and You unreservedly accept that risk.
- You acknowledge that You have been strongly advised by SPM to obtain Personal Travel Insurance.
- No provision of the SPM Rental Contract is intended to or does exclude, restrict or modify any terms implied by, or rights You have, under the Competition and Consumer Act 2010, the Australian Securities and Investments Commission Act 2001 or any other Federal, State or Territory legislation to the same effect.