Our terms and conditions are detailed below.
1. PARTIES
The following Terms and Conditions of hire are entered into between the cardholder and the person taking possession of the motorcycle (hereinafter jointly and severally referred to as “the hirer”) and Cairns Motorcycle Hire hereinafter referred to as “the owner”.
2. MOTORCYCLE DESCRIPTION
“The owner” will let and “the hirer” will take on hire the motorcycle detailed on the Rental Agreement. This and any other motorcycle provided is hereinafter referred to as “the motorcycle”.
3. AUTHORISED RIDERS
Only those persons named as authorised riders on the Rental Agreement shall be permitted to ride the motorcycle(s) supplied under this agreement, and then only if those persons hold a current full (non-probationary) riders licence appropriate for the motorcycle at the time that they are driving the motorcycle. The minimum age for riders is 24 years old.
4. TERMS OF THE HIRE AND MOTORCYCLE CHARGES
4.1 All rates include GST and standard loss or damage cover (refer to clause 12).
4.2 The hire will terminate when the motorcycle is returned to the Cairns Motorcycle Hire rental location specified in the rental agreement.
4.3 After hours pick up or return is by prior arrangement only. Unauthorised late return will attract a late return charge of $40 in addition to the daily rate (see clause 16.4).
4.4 Please phone us if you wish to extend, and if this is possible we will always oblige. Motorcycle hire charges are non-transferable. In the event that the hirer cancels or voids the agreement, or returns the motorcycle earlier than stated in the agreement, no refund generally applies (see clause 16.3 for further details).
5. OTHER PRODUCTS AND SERVICES
The owner agrees to arrange and the hirer agrees to purchase any additional products and services as detailed on the Rental Agreement.
6. TOTAL CHARGES FOR OTHER PRODUCTS AND SERVICES
The hirer is responsible for the correct fitting and use of accessories. The hirer is liable for the full replacement cost up to $200 per item (relevant to the cost of the item) the event that any of these accessories are lost, stolen or damaged.
7. ACCEPTANCE
7.1 The hirer agrees to be bound by all of the Terms and Conditions of the rental agreement. The hirer acknowledges that he or she is liable for any excess owing due to damage of the rental motorcycle except in certain circumstances (Refers clause 12 and 13 for details).
7.2 The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the agreement and that Cairns Motorcycle Hire is authorised to charge any amounts owing to Cairns Motorcycle Hire under the Rental Agreement to this card. The hirer’s attention is drawn to clauses 12 to 18.
8. USE OF THE MOTORCYCLE
8.1 The Rider
The hirer:
a. shall ensure that only the hirer or an authorised rider will ride the motorcycle;
b. shall ensure that the hirer and any authorised rider holds a current licence (not being a learner licence or provisional licence) to ride the motorcycle and have been licensed to ride motorcycles of the same category as the motorcycle for at least 12 consecutive months; and
c. agrees that they are responsible for the acts and omissions of an authorised rider or any other person the hirer allows to ride the motorcycle and neither the hirer nor any unauthorised rider will have the benefit of any Loss or Damage Cover or optional coverage if the hirer allows an unauthorised rider to ride the motorcycle and that unauthorised rider causes loss of or damage to the motorcycle or damage to the property of a third person.
8.2 Use of the motorcycle
The hirer and any authorised rider must:
a. not use the motorcycle in contravention of any law, including any regulations, rules or bylaws relating to road traffic;
b. not sublet or hire the motorcycle to any other person;
c. not allow the motorcycle to be operated outside the hirer’s authority;
d. not ride, or allow the motorcycle to be riden by any person, if at the time of driving, the rider is not the holder of a current full (non-probationary) riders licence appropriate for the motorcycle;
e. not use, or allow the motorcycle to be used, for any illegal purpose, or for any race, contest, rally, speed test or performance test of any kind;
f. not use, or allow the motorcycle to be used, to push anything;
g. not carry, or allow the motorcycle to carry, more passengers than may be properly accommodated by the seats and footpegs provided on the motorcycle;
h. 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 riden;
i. not, without Cairns Motorcycle Hire’s prior written consent, use or allow the motorcycle to be used to carry passengers for payment of any kind;
j. not use the motorcycle when it is damaged or unsafe;
k. provided it is reasonable in the circumstances to do so, not ride the motorcycle after an accident or hitting an object (including an animal) until the hirer has obtained Cairns Motorcycle Hire’s approval to do so;
l. not use the motorcycle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the hirer’s cost) and in accordance with the manufacturer’s specifications and Cairns Motorcycle Hire’s recommendations;
m. not use the motorcycle for the conveyance or towing of any load.
8.3 Where the hirer can and cannot ride the motorcycle
Notwithstanding clause 4.3 the hirer and any authorised rider:
a. may not use the motorcycle in sea water.
8.4 In this agreement “manufacturer’s specifications” means the specifications of the manufacturer of the motorcycle as set out in the motorcycle’s operations manual, or as otherwise specified by Cairns Motorcycle Hire.
9. THE HIRER’S OBLIGATIONS
The hirer shall ensure that:
a. all reasonable care is taken when driving and parking the motorcycle;
b. the motorcycle is locked and secure at all times when it is not in use;
10. ACTIVATION OF WARNING LIGHTS, BREAKDOWN AND MECHANICAL REPAIRS
10.1 If any warning light is activated or if the motorcycle requires mechanical attention the rider must stop driving and contact either Cairns Motorcycle Hire or 24-hour Roadside Assistance.
10.2 The hirer shall not arrange or undertake any repairs or salvage without Cairns Motorcycle Hire’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the motorcycle or to other property, in which case the hirer must promptly inform Cairns Motorcycle Hire of such repairs or salvage. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair. To the extent Cairns Motorcycle Hire cannot, acting reasonably, verify the cost of repairs, Cairns Motorcycle Hire will not reimburse the hirer. Please also refer to the information printed on the Cairns Motorcycle Hire additional information sheet supplied with the Rental Agreement for procedures relating to tyres and breakdowns.
10.3 If the motorcycle becomes unfit to ride due to a breakdown that was not the fault of the hirer, Cairns Motorcycle Hire will refund to the hirer the rental charges that relate to the period during which the motorcycle could not be used or a replacement was not available. Cairns Motorcycle Hire undertakes to arrange repair or replacement with another Cairns Motorcycle Hire motorcycle as soon as practicable.
10.4 Cairns Motorcycle Hire will provide 24 hour roadside assistance for all inherent mechanical faults related to the motorcycle (as reasonably determined by Cairns Motorcycle Hire or its authorised repairer) at no additional cost provided the fault does not arise from any authorised use of the motorcycle in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions). For all other roadside assistance call outs including refueling, jump starts, tyre related incidents (except for flat tyres that are caused by normal wear and tear), lost keys, keys locked in the motorcycle compartments or a flat battery due to lights or other electrical equipment being left on, the Roadside Assistance Fee will be charged unless the hirer has purchased optional Roadside Assistance Cover.
10.5 Roadside Assistant Cover does not apply if the motorcycle has been used in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions), or for any additional amounts payable under clause 13.1.
10.6 “Roadside Assistance Cover” means the following services for the payment of the Roadside Assistance Cover Fee specified in the rental agreement; refuelling up to 6 litres where the hirer runs out of fuel, changing flat tyres, provision of spare keys where the hirer loses the keys to the motorcycle, unlocking the motorcycle where the hirer locks the keys in the motorcycle, and provision or a replacement battery or “jump start” where the motorcycle has a flat battery due to the hirer leaving the lights, air conditioning, entertainment system(s) or other electrical equipment running while the ignition is off. “Roadside Assistance Fee” means a minimum charge of $198 (including GST), or such other amount as reasonably determined by Cairns Motorcycle Hire having regard to the roadside assistance callout event (for example: a lost key can cost up to $670 including GST to replace.)
11. ACCIDENTS AND CLAIMS
11.1 In the event of an accident the hirer shall:
a. notify Cairns Motorcycle Hire of the full circumstances as soon as practical;
b. promptly notify the Australian Police if the accident involves injury, or otherwise if required by law;
c. record full details of all parties, witnesses to and vehicles involved in the accident;
d. if possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, the hirer must obtain a copy of the Police report.
11.2 In the event of an accident the hirer shall not:
a. make any admission of liability, except to the extent that the hirer is required to provide a statement to the Police;
b. arrange or undertake any repairs or salvage without Cairns Motorcycle Hire’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the motorcycle or to other property in which case the hirer must promptly inform Cairns Motorcycle Hire of such repairs or salvage.
11.3 If an accident is the fault of the hirer and the accident renders the motorcycle unfit to ride, Cairns Motorcycle Hire will offer the hirer, at Cairns Motorcycle Hire’s discretion, a refund or a replacement motorcycle for the unused hire period (commencing the day after the accident). Cairns Motorcycle Hire shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. If Cairns Motorcycle Hire offers the hirer an alternative motorcycle, the motorcycle shall be made available at the accident location or most convenient location for the hirer. If the hirer is at fault, Cairns Motorcycle Hire reserves the right to provide the replacement motorcycle subject to an increased hirer’s liability.
11.4 Where an accident or the use of the motorcycle by the hirer or any other person results in a claim (“Incident”), or where damage or loss is sustained to the motorcycle or the property of any third party, the hirer must ensure that the hirer, or any authorised rider:
a. promptly reports the Incident in writing to Cairns Motorcycle Hire;
b. does not, without Cairns Motorcycle Hire’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident;
c. permits Cairns Motorcycle Hire or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in the hirer’s name in relation to the Incident;
d. completes and furnishes to Cairns Motorcycle Hire within a reasonable time any statement, information or assistance which Cairns Motorcycle Hire or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
11.5 Cairns Motorcycle Hire will meet the hirer’s reasonable out-of-pocket expenses in complying with clause 11.4(c) or 11.4(d).
11.6 If the hirer does not comply with clause 11.1(a) or 11.4(a), and Cairns Motorcycle Hire is unable to investigate the accident or Incident, Cairns Motorcycle Hire will, if it is reasonable to do so, debit all charges to the hirer’s account pending receipt of the hirer’s report about the accident or Incident.
12. LOSS OR DAMAGE COVER
12.1 Subject to this clause 12 and clause 13, the hirer is liable:
a. for the loss of, and all damage to, the motorcycle (including its parts, components, accessories and contents); and
b. for all damage to the property of any person:
1. which is caused or contributed to by the hirer or any person the hirer allows to ride the motorcycle; or
2. which arises from the use of the motorcycle by the hirer or a person the hirer allows to ride the motorcycle.
This clause 12 does not apply to any damage or loss for which Cairns Motorcycle Hire is liable to the hirer under this rental agreement.
12.2 Subject to clauses 12.3, 12.5 and 13, Cairns Motorcycle Hire waives the hirer’s liability under clause 12.1 for damage to, or loss of, the motorcycle and will ensure that the hirer and any authorised rider are entitled to be indemnified under the Cairns Motorcycle Hire Insurance Policy if:
a. The hirer accepts Loss or Damage Cover (which is included in the hirer’s rate); and
b. The hirer pays the Excess Amount for each separate event involving:
1. Damage (including hail damage) to, or loss of, the motorcycle; or
2. Damage to the property of any third party which is caused by the use of the motorcycle by the hirer or an authorised rider.
12.3 In the event of an unintended collision between the motorcycle and any other object, including another motorcycle, during the rental period that results in damage to the motorcycle or to the property of any third party, Cairns Motorcycle Hire waives the hirer’s liability under clause 12.1 and will ensure that the hirer is entitled to be indemnified under the Cairns Motorcycle Hire Insurance Policy, and Cairns Motorcycle Hire will refund the hirer any Excess Amount the hirer has paid to Cairns Motorcycle Hire, provided that, acting reasonably, Cairns Motorcycle Hire agrees that the hirer or an authorised rider was not at fault and:
a. the hirer and any authorised rider hold a current rider’s licence;
b. the hirer has provided Cairns Motorcycle Hire with any details of the incident that Cairns Motorcycle Hire reasonably requests including:
1. the name, residential address, contact phone and licence number of any person involved;
2. the registration numbers of all vehicles involved;
3. an accurate description of the incident and location; and
4. the names of any attending police officers and the stations at which they are based; and
c. the hirer has supplied or Cairns Motorcycle Hire has established the name of the insurer of any third party the hirer believes was at fault and Cairns Motorcycle Hire has been paid by the insurer for the loss or damage.
12.4 If clause 12.3 applies, Cairns Motorcycle Hire may debit the hirer’s account with the Excess Amount at the time of loss of, or damage to, the motorcycle, however when Cairns Motorcycle Hire has been paid by the insurer of a third party for the loss or damage, Cairns Motorcycle Hire will, within a reasonable period of time, refund the hirer the Excess Amount the hirer paid.
12.5 Cairns Motorcycle Hire does not waive the hirer’s liability under clause 12.1, and the hirer will be liable, where the damage, injury or loss arises when:
a. The rider of the motorcycle is under the influence of alcohol or any drug that affects his or her ability to ride the motorcycle or has a blood alcohol content that exceeds the legal limit in the State or Territory in which the motorcycle is riden;
b. The motorcycle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or rider was aware or ought to have been aware of the unsafe or unroadworthy condition of the motorcycle;
c. The motorcycle is operated in contravention of clause 8.2 of this agreement (save, in respect of clause 8.2(a), for minor infractions) and such contravention contributed to the damage, injury or loss;
d. The motorcycle is riden by any person who is not an authorised rider named on the agreement and that unauthorised rider causes loss of or damage to the motorcycle or damage to the property of a third person;
e. The motorcycle including its accessories and spare parts is wilfully or recklessly damaged by the hirer or any other person named on the agreement or driving the motorcycle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person;
f. The motorcycle including its accessories and spare parts is damaged as a result of submersion in water, including through dams, deep rivers or flood waters;
g. The motorcycle including its accessories and spare parts is damaged as a result of incorrect fitting or use of accessories;
h. The motorcycle including its accessories and spare parts is damaged by any item carried on the motorcycle, such as tent poles, or shovels; or
i. The motorcycle is operated outside the prescribed area of use in Fig. 1 or not in accordance with clause 8.3.
12.6 If clause 12.1 or 12.2 applies, the hirer must pay to Cairns Motorcycle Hire, or Cairns Motorcycle Hire may debit the hirer’s account with, the Excess Amount at the time of loss of, or damage to, the motorcycle pending Cairns Motorcycle Hire’s assessment of the loss and damage and, if available, the repair of the motorcycle, subject to the hirer’s right to a refund under clause 12.7.
12.7 If the amount determined by Cairns Motorcycle Hire and paid by the hirer under clause 12.6 exceeds the final costs of the loss, damage or repair, Cairns Motorcycle Hire will refund the difference to the hirer within a reasonable period of time. Cairns Motorcycle Hire will provide details to the hirer of the final costs of the loss, damage or repair on request by the hirer within a reasonable period of time. For the purpose of calculating any refund under this clause 12.7, Cairns Motorcycle Hire will add the Recovery Costs to the amount of costs of damage and repair to the motorcycle.
12.8 Where the hirer is required to pay Cairns Motorcycle Hire under this clause 12 or clause 13, the amount the hirer must pay for any loss, damage, repair, cost of fee:
a. may be reasonably determined by Cairns Motorcycle Hire; and
b. in relation to damage to the motorcycle, is the lesser of the cost of repairs to the motorcycle or the market value of the motorcycle at the time of the damage.
12.9 If this clause 12 applies, and the total of the Recovery Costs and the costs and fees that the hirer must pay under this clause is greater than the Excess Amount, you must pay the difference to Cairns Motorcycle Hire, or Cairns Motorcycle Hire may debit the hirer’s account with, the difference.
12.10 In this agreement:
a. “Cairns Motorcycle Hire Insurance Policy” means a policy of liability insurance held by Cairns Motorcycle Hire for the hirer’s and any authorised rider’s liability to a third party for damage to the property of that third party which is caused by the legal use of the motorcycle by the hirer or an authorised rider;
b. “Loss or Damage Cover” means the cover which reduces the hirer’s financial responsibility for loss or damage to the motorcycle to the Excess Amount
c. “Recovery Costs” means any appraisal costs and any towing and storage costs which are actually and reasonably incurred, plus a reasonable administrative fee reflecting the costs of making arrangements for repairs and towing and other administrative activities.
13. HIRER’S LIABILITY FOR DAMAGE
13.1 Even if the hirer accepts the Loss or Damage Cover, and pays for any optional coverage, the hirer must always pay to Cairns Motorcycle Hire the full amount of the following costs and fees:
a. The cost of repairing any:
1. Drop damage or underbody damage (including, without limitation, damage which occurs if the hirer drops the motorcycle; or damage to the exhaust system, wheel rims, suspension and frame caused by carelessly riding over excessively rough terrain;
2. Any and all damage to the motorcycle (including windscreens and tyres) or to the property of any third party caused deliberately or recklessly by the hirer or any other rider of the motorcycle or a passenger carried during the rental period and associated Recovery Costs;
3. Damage to an accessory not attributable to normal wear and tear;
4. Damage associated with the incorrect use of or contamination of fuel;
b. The cost of replacing, if lost or stolen, an accessory (including cost of replacement of lost or stolen motorcycle keys);
c. The cost of recovering a motorcycle that has become bogged or immovable (in circumstances where it is the hirer’s fault that the motorcycle has become bogged or immovable);
d. Costs arising under clause 14; and
e. If you have breached the rental agreement (save, in respect of clause 8.2(a), for minor infractions), a per day amount for loss of use of the motorcycle by Cairns Motorcycle Hire during the period the motorcycle is off fleet for repair, based on the actual downtime of the motorcycle (or, where the actual downtime of the motorcycle is not known, a reasonable estimate of that downtime), provided that the hirer’s breach has caused the downtime of the motorcycle. This per day amount is charged at the daily rental rate for the motorcycle hired.
13.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.
13.3 In this agreement:
a. “Drop Damage” means damage to the motorcycle incurred when the motorcycle is dropped or put on its side by the hirer.
14. HIRER’S LIABILITY FOR CLEANING CHARGES
14.1 There is no charge for cleaning costs.
15. PETROL AND OTHER FUEL
15.1 The hirer is responsible for the cost of fuel used during the hire.
15.2 In the event that the motorcycle is returned with less than a full tank, there is no extra charge.
15.3 The hirer must fill the motorcycle only with the fuel type specified in the manufacturer’s specifications.
16. RETURN OF THE MOTORCYCLE AND TERMINATION OF THE HIRE
16.1 The hirer shall, at or before the expiry of the term of hire, return the motorcycle (including motorcycle keys and all accessories) to the location specified in on the agreement, or obtain Cairns Motorcycle Hire’s consent to the continuation of the hire. Requested changes to the return date and time and/or return Cairns Motorcycle Hire location are subject to motorcycle availability and additional rental costs, and may not always be possible. The hirer must return the motorcycle in the same condition as it was at the commencement of the rental period, fair wear and tear excepted.
16.2 If the hirer tells Cairns Motorcycle Hire that the hirer wants to return the motorcycle to a location other than that stated on the rental document, Cairns Motorcycle Hire will advise the hirer of the amount of the ‘one way fee’ that the hirer will incur. If the hirer returns the motorcycle to a different Cairns Motorcycle Hire location than the location specified on the agreement without Cairns Motorcycle Hire’s prior consent the hirer must pay a ‘one way fee’ of up to $2 per kilometre to be determined and paid at the end of the rental period (which may be a significant amount), and a reasonable administrative fee reflecting the cost of making arrangements for return to a different Cairns Motorcycle Hire location. The hirer will also be liable for any rental charges calculated under clause 16.4.
16.3 Cairns Motorcycle Hire has the right to terminate the agreement and repossess the motorcycle (and for that purpose enter any premises and remove the motorcycle) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the motorcycle, including recovery charges actually incurred, in any of the following circumstances:
a. The hirer is in breach of any material term of this agreement and has not remedied that breach after notice to do so;
b. The hirer has obtained the motorcycle through fraud or misrepresentation;
c. The payment for the rental is 3 days in arrears;
d. The motorcycle appears to be abandoned;
e. The motorcycle is not returned on the agreed return date;
f. The motorcycle is damaged or involved in an accident during the rental period, in either case due to the fault of the hirer; or
g. Cairns Motorcycle Hire considers, on reasonable grounds, that:
1. damage to the motorcycle or injury to persons or property is likely to occur in either case due to the fault of the hirer;
2. the motorcycle may be used for an unlawful purpose; or
3. the motorcycle may be involved in an industrial dispute.
If Cairns Motorcycle Hire terminates or repossesses the motorcycle in accordance with clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g) the hirer has no right to a refund of any part of the rental charges. If Cairns Motorcycle Hire terminates or repossesses the motorcycle in accordance with clause 16.3(f), Cairns Motorcycle Hire will offer the hirer a refund or a replacement motorcycle, at Cairns Motorcycle Hire’s discretion. The termination of the hire under this clause shall be without prejudice to the other rights of Cairns Motorcycle Hire under this agreement or otherwise. Rental Agreement Terms & Conditions, the reference in clause 4.4 to ‘voids the agreement’ means circumstances where Cairns Motorcycle Hire has exercised its right of termination in clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g).
16.4
a. If the hirer returns the motorcycle on a date or at a time, or to a place other than that shown on the rental document, the rates shown on the rental document will not apply and you must pay the rate that in the circumstances is reasonably applicable for the motorcycle for the rental period (which is likely to be higher than the rates shown in this agreement), plus, if late, the late return charge specified in clause 4.3.
b. The hirer acknowledges that Cairns Motorcycle Hire may have rented the motorcycle to another customer from the period after the hirer is due to return the motorcycle, and if the hirer does not return the motorcycle by the date and time specified on the rental agreement and does not extend the rental in accordance with clause 4.4, Cairns Motorcycle Hire may be required to make alternative arrangements to provide a replacement motorcycle for such customers. The late return charge in clause 4.3 is intended to be a reasonable administrative fee in these circumstances.
16.5 If the hirer does not return the motorcycle on the date and by the time shown on the rental agreement (or any extended date and time agreed with Cairns Motorcycle Hire) then:
a. after written notice to the hirer and if the location of the motorcycle is unknown, Cairns Motorcycle Hire may report the motorcycle as stolen to the police; and
b. the hirer must pay all charges (including any additional rental charges) and compensate Cairns Motorcycle Hire in accordance with clause 12 for any loss Cairns Motorcycle Hire suffers (including all reasonably additional costs Cairns Motorcycle Hire incurs in recovering the motorcycle) up to the time the motorcycle is recovered by Cairns Motorcycle Hire. For the avoidance of doubt, if the hirer reports the motorcycle as stolen to the police and to Cairns Motorcycle Hire, the hirer will not be charged for rental charges after that date.
17. CALCULATION OF CHARGES
17.1 Cairns Motorcycle Hire calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. An extra day is charged after allowing a grace period of 1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of unauthorised late return.
17.2 Extensions authorised by Cairns Motorcycle Hire are charged at the same daily rate as the original rental.
17.3 All transactions under this agreement are calculated in Australian dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. Cairns Motorcycle Hire accepts no liability for any such variations.
18. TOLLS AND INFRINGEMENT FEES
18.1 The hirer must pay all parking, speeding and traffic infringements and tolls in respect of the motorcycle during the rental period.
18.2 If Cairns Motorcycle Hire receives an Unpaid Toll Notice relating to the period the motorcycle was on hire, no administration fees will be charged in addition to the toll fee.
18.3 If Cairns Motorcycle Hire receives notice of a speeding, parking or other traffic infringement relating to the period the motorcycle was on hire, Cairns Motorcycle Hire will complete a statutory declaration nominating the hirer as the rider of the motorcycle.
19. REPRESENTATIONS
19.1 The hirer acknowledges that Cairns Motorcycle Hire relies on the truth of the hirer’s representations in this agreement.
20. PERSONAL INJURY, PERSONAL PROPERTY AND STORAGE OF PROPERTY
20.1 Cairns Motorcycle Hire recommends that all people travelling in Australia take out Personal Travel Insurance.
To the extent permitted by law, Cairns Motorcycle Hire does not accept any liability for:
a. personal injuries sustained during the rental;
b. damage or loss of the hirer’s personal property;
c. property belonging to any other person which is carried or left on or in the motorcycle, except to the extent that Cairns Motorcycle Hire’s acts or omissions have caused or contributed to such loss.
20.2 In the event that the hirer or any other person leaves any property in the motorcycle after its return to Cairns Motorcycle Hire or otherwise with Cairns Motorcycle Hire for any reason this is at that person’s own risk and Cairns Motorcycle Hire will not, unless Cairns Motorcycle Hire is negligent or fraudulent, accept any liability for damage or loss to that property.
21. CLAIMS AGAINST THIRD PARTIES
21.1 Cairns Motorcycle Hire is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss. Cairns Motorcycle Hire will provide an invoice for any amount paid to Cairns Motorcycle Hire by the hirer. Cairns Motorcycle Hire will only provide repair quotes, police reports, photographs or any other information to the hirer if requested by the hirer and if it is reasonable for Cairns Motorcycle Hire to do so.
21.2 In the event that the hirer believes that their credit card issuer will cover the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the relevant sum directly to Cairns Motorcycle Hire and Cairns Motorcycle Hire will provide an invoice for the sum paid.
22. PERSONAL PROPERTY SECURITIES LAW
22.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (“PPSA”) – “financing statement”, “interested person”, “register”, “proceeds”, “security agreement” and “security interest”.
22.2 The hirer acknowledges that:
a. by renting the motorcycle from Cairns Motorcycle Hire, the hirer may be granting a security interest in the motorcycle (and any proceeds) to Cairns Motorcycle Hire, and that this Rental Agreement may constitute a security agreement;
b. any security interest arising under this Rental Agreement attaches to the motorcycle when the hirer obtains possession of the motorcycle and not at any other time; and
c. Cairns Motorcycle Hire may perfect its security interest by lodging a financing statement on the PPSA register.
22.3 Cairns Motorcycle Hire does not need to give the hirer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded. The hirer must do anything reasonably required by Cairns Motorcycle Hire to enable Cairns Motorcycle Hire to register its security interest, with the priority it requires, and maintain the registration.
23. CONSUMER RIGHTS STATEMENT
All of the hirer’s rights set out in this Rental Agreement are in addition to the hirer’s rights as a consumer (“Consumer Rights”) under applicable consumer protection legislation, including the Australian Consumer Law. A hirer’s Consumer Rights are not excluded, restricted or modified by this Rental Agreement. A hirer can find out more about Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
