Terms and Conditions - Guided motorcycle tour terms and conditions

Guided motorcycle tour terms & conditions

The information below covers advisory information about your tour. We like to ensure you have as much information in advance of your rental as possible but if there is something that isn't covered here that you would like to know, please contact us us with any queries.

› // Terms and conditions:

1. The trip operator is Compass Expeditions Pty Ltd trading as BikeRoundOz of 2/21 Glenville Drive, Melton, 3337, Victoria, Australia

2. A nonrefundable deposit of 20% is required to establish and hold a reservation. The full balance is due and payable ninety (90) days prior to departure. Your booking may be considered cancelled should the full balance not be received by BikeRoundOz by that time.

3. Should you have to cancel your trip we must receive notice in writing. If received with more than ninety (90) days notice the cancellation fee is equal to the deposit amount. With 90 days or less notice the fee is 50% of the total tour cost. With 30 days or less notice the fee is 80% and with 7 days or less the cancellation fee is 100% of the total cost. In the circumstances we strongly recommend that you obtain trip cancellation insurance from an insurance company.

4. You are responsible for ensuring that you are fit and healthy enough to participate in your tour. We reserve the right to insist on a medical certificate from your doctor stating that you are in a suitable condition.

5. We reserve the right to cancel any tour if the number if participants booked does not meet the minimum requirement to operate the trip. Should that occur your payment will be refunded in full if we are unable to transfer you to another trip to your satisfaction.

6. The tour leader has the sole discretion to alter the itinerary should it become necessary due to weather, local conditions, politics or various other reasons. No refund will be considered in the event of any such changes.

7. BikeRoundOz take no responsibility for any flight delays or scheduled changes at any stage throughout the trip. In the event of any such change no refund will be considered.

8. BikeRoundOz insists that the participant takes out a personal travel insurance policy and will request proof of same. It is the participant’s responsibility to ensure suitable insurance cover is taken out prior to commencement of the trip.

9. BikeRoundOz is not responsible for participant’s personal effects if they are lost, stolen or destroyed. BikeRoundOz can not be held liable for any such loss irrespective if personal items are being carried on the BikeRoundOz support vehicle / bike or lost during a shipment organised by BikeRoundOz.

10. BikeRoundOz is not responsible for any accidents. It is agreed and understood that neither Compass Expeditions, BikeRoundOz nor it’s agents are the guardians of any customer safety and that they, individually or collectively, can not be held liable in any way for any occurrence in connection with the tour which might result in injury, death or other damage to the customer, his property or his family heirs or assigns.

11. The motorcycles are provided by BikeRoundOz and the cost is included in the tour costs. BikeRoundOz will attempt to provide the trip participants with the model of motorcycle confirmed to the participant. If after having confirmed the model of motorcycle requested BikeRoundOz finds that it is necessary to substitute a different model BikeRoundOz will notify the participant as soon as possible. If the participant does not wish to accept the proposed substitution the participant may cancel the trip without penalty and the deposit will be refunded.

12. Unexpected and uncontrollable situations may require last minute substitution of a motorcycle including after the trip has begun. This may include but is not limited to mechanical failure, collision, damage and theft. In this circumstance BikeRoundOz reserves the right to substitute the type of motorcycle confirmed. Should BikeRoundOz not be able to replace a motorcycle with the confirmed type or similar a prorated refund for the difference in models if any will be refunded to the participant.

13. The motorcycle that BikeRoundOz provides to the participant will be insured. The participant will be liable for the first AU$ 5,000 worth or any damage to the motorcycle deemed by BikeRoundOz to have been your responsibility. The term ‘damage’ is to exclude reasonable wear and tear. Minor blemishes or paint chips caused by gravel, stones and insects are considered normal wear and tear however damage or scratches caused by an accident, dropping a motorcycle or riding it through bushes or off roadways is not considered normal wear and tear. The participant may choose to limit their exposure to the initial AU $ 5,000 through the purchase of our Excess Reduction Policy (ERP). This policy operates to reduce the excess to an amount of AU $ 2,500 by payment by the participant of a fee of AU $25 per day for the duration of the tour. The participant may exercise this option at the time of booking. Once the tour commences the participant will be unable to exercise this ERP option.

14. The participant is solely responsible for the ignition keys during the normal course of a riding day. Should they be lost or stolen due to neglect or failure to follow the tour leaders instructions the participant is responsible for the replacement to a maximum cost of AU $500.

15. If a participant operates a motorcycle after drinking an alcoholic beverage or using mind altering drugs the rider will incur unlimited liability for damage to the motorcycle. BikeRoundOz is not obliged to replace a motorcycle damaged by a participant in these circumstances.

16. Participants who intend to operate a motorcycle provided by BikeRoundOz must be at least 25 years old and must have a valid motorcycle operator licence. Participants must also attest that they have at least 2 years of experience operating a motorcycle of similar size or larger than the motorcycle that will be provided by BikeRoundOz.

17. If the participant does not comply with local traffic laws, or does not practice safe group travel practices as described by the tour leader and by guidelines provided by BikeRoundOz the agreement with the rider may be cancelled and riding privileges will be suspended. Riding privileges will be suspended from anyone under the influence of drugs or alcohol. Participants agree to refrain from alcoholic beverages until the motorcycles have been parked for the night.

› // Acceptance of terms and conditions:

I understand that I will be required to sign a Release and Waiver Form before I can participate in a BikeRoundOz / Compass Expeditions Tour. I have read and accepted the terms of conditions of BikeRoundOz / Compass Expeditions. I am aware that motorcycling can be dangerous. I am aware that traffic conditions, roads, weather and other conditions as well as the actions of other members of the trip can influence the risks. I agree to accept those risks.

I am an experienced responsible and healthy motorcyclist with a valid motorcycle driver licence. As a passenger I am aware of the potential dangers of motorcycling.

I further agree and understand that the owners, operators and agents of this trip, including BikeRoundOz and Compass Expeditions, are not the guardians of my safety. They, individually or collectively, can not be held liable in any way for any occurrence in connection with the operation of my participation in the trip which might result in injury, death or other damage to me, my property or my family heirs or assigns.

› // Motorcycle rental contract in full:

› 1.0 - Rental of the motorcycle:

1.1 The Renter hires the Motorcycle referred to in Item 2.0 of the Rental Schedule and any accessories/equipment referred to in Item 7.0 of the Rental Schedule for the hire period referred to in Item 8.0 of the Rental Schedule.

1.2 The Renter will return the Motorcycle to BikeRoundOz no later than the end of the hire period as referred to in Item 8.0 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.

› 2.0 - Rental charge and deposit

2.1 The Renter will pay to BikeRoundOz the rental charge specified in Item 7.0 of the Rental Schedule for the specified hire period.

2.2 The Renter will provide the security bond referred to in Item 7.0 of the Rental Schedule by a credit card acceptable to BikeRoundOz. The deposit is refundable by credit card after return of the Motorcycle and a reasonable time allowed for servicing and checking, subject to any deductions authorised by this agreement (clause 3.1).

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

› 3.0 - Service:

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

3.2 Upon the Motorcycle becoming due for a routine service (as noted in the Maintenance and Service Schedule or as notified by BikeRoundOz) the Renter will deliver the Motorcycle to the nearest authorised service provider for its routine service, which will be undertaken at BikeRoundOz cost. If you are renting a motorcycle on a 61-90 day fixed price agreement, then the Renter is responsible for all servicing, tyres & consumables.

3.3 The period in which the Motorcycle is delivered to the authorised service provider, is serviced by the authorised service provider, and is collected from the authorised service provider forms part of the hire period.

› 4.0 - Use of the motorcycle:

The Renter agrees:

4.1 to keep and deliver up the Motorcycle in good order and repair (reasonable wear and tear 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 BikeRoundOz’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 skilful manner;

4.6 not to authorise 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 1.1 of the Rental Schedule;

4.7 not to part with possession of the Motorcycle unless authorised in writing by BikeRoundOz;

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 while under the influence of intoxicating liquors or illegal drugs;

4.9 that the Renter or any other authorised rider will hold a Motorcycle licence acceptable to the relevant traffic authorities and that the Renter and any other authorised 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 time, speed, or hill climbing tests, race, rally, reliability trial or contest, stationary revving or burn outs, and shall not convey any load greater than that for which the Motorcycle was 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.

4.13 Tracking device: You understand that we use and you expressly agree to our use of global positioning systems to locate the vehicle at any time.

› 5.0 - 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 BikeRoundOz and will act in accordance with instructions given by BikeRoundOz.

5.2 If mechanical damage is caused by the mis-use or abuse of the Motorcycle, 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 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.

5.3 The Renter agrees to (and will procure any authorised rider to) provide all assistance reasonably required by BikeRoundOz 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 BikeRoundOz’s lawyers as required in relation to any legal action arising in connection with the hire of the Motorcycle.

› 6.0 - 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 2 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 BikeRoundOz is not liable for any loss or damage:

6.2.1 to the Renter or any other person (including an authorised rider) for any property taken from the Motorcycle or otherwise lost during the hire period;
6.2.2 arising to the Renter or an authorised 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 all fines and penalties for speeding and/or reckless or careless driving or other violation of any statute, ordinance, 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.

6.5 The renter is solely responsible for the ignition keys during the normal course of a riding day. Should they be lost or stolen the renter is responsible for the replacement to a maximum cost of AU$ 400. Additionally the Renter is liable for any Express Post services to send spare keys to Renter.

6.6 The Renter is solely responsible for damage or loss of hired accessories & equipment. If stolen please ensure you get a police report for your insurance.

› 7.0 - Insurance:

7.1 The Motorcycle referred to in Item 2 of the Rental Schedule has a level of insurance referred to in Item 6.0.

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 6 of the Rental Schedule is void and does not apply where the Renter has breached this agreement.

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

› 8.0 - Late return:

8.1 Where the Renter fails to return the Motorcycle by the end of the specified hire period, BikeRoundOz 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 BikeRoundOz for all costs incurred by BikeRoundOz in connection with the recovery of the Motorcycle. BikeRoundOz may enter any premises where it believes the Motorcycle may be located. In such event the Renter releases BikeRoundOz 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.

› 9.0 - Cancellations:

9.1 A cancellation or postponement of any booking may result in the loss of any moneys held for the booking / rental. There will no refund for unused rental days.

› 10.0 - Withdrawal of the motorcycle:

10.1 BikeRoundOz may repossess the Motorcycle at any time without demand upon BikeRoundOz 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.

› 11.0 - Unconditional obligation:

11.1 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.

› 12.0 - Condition of the motorcycle:

12.1 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 4.2 of the rental schedule.

› 13.0 - 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 BikeRoundOz 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 Whether or not Division 2 of part V of the Trade Practices Act, 1974 or any law to a similar effect applies, BikeRoundOz’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 BikeRoundOz’s liability is limited, at its option, to the replacement or cost of replacement of the Motorcycle.

› 14.0 - Indemnities:

The Renter indemnifies BikeRoundOz 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 BikeRoundOz resulting from possession, use or operation of the Motorcycle by the Renter.

› 15.0 - Interest:

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

› 16.0 - Severance:

16.1 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.

› 17.0 - Waiver:

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

› 18.0 - Interpretation:

In this Agreement:

18.1 the singular includes the plural and vice versa;

18.2 'person' includes a firm, body corporate, unincorporated association or any other body or entity;

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

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

18.5 where the context permits, 'Motorcycle' includes any accessories or equipment referred to in Item 7 of the Rental Schedule.


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