Website Terms of Use
By accessing any part of the Ride Australia Bike Rentals website here you agree to these terms and conditions (the"Terms"). If you do not agree to them you may not use this website and or rely on its information in any form and should leave it immediately.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
Copyright and Trade Marks
All photographs and images are likely to be subject to copyright conditions unless otherwise stated. If you are given license to use, print or share photographs they are still unless specifically stated subject to copyright law and accordingly restrictions upon use and dissemination apply.
All content available on the Ride Australia Bike Rentals Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of ourselves, our affiliates, our partners or our licensors, and is protected by Australian and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of ourselves, our affiliates, our licensors or our partners, in Australia and other countries, and are protected by Australian and international trade mark laws. All or any other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited licence set forth in this section does not include the right to:
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
Representations and Warranties: Limitations of liability
The site is provided on an "as is" and on an "as available" basis. To the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever, express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, as to the operation of the site or the information, content, graphics, links, materials, products, or services included on the site, or their accuracy, reliability, completeness or timeliness.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred Australian Dollars (AUD $100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
Disputes
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from ourselves shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the Australian Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in Australia, and all applicable provisions of this section shall apply.
General
You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any tours, rentals or other Items from ourselves, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Ourselves shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us.
Governing Law
Your use of this Website and any purchase by you of any Item from Ourselves shall be governed by Australian law and you hereto submit to the exclusive jurisdiction of the Australian courts.
Disclaimers
We take steps to ensure our website is accurate and up to date, however you should check carefully all booking information, dates, bike types, accessories included, any roadside assistance support and all costs and rental or tour legal terms to ensure you are satisfied and all details are accurate and correct. Once a booking has occurred whilst we shall endeavor to accommodate any changes we cannot guarantee all or any changes to your booking will be possible. Furthermore, additional charges to changes may apply. These terms and conditions have been construed and shall be governed in accordance with the laws of Australia. Any dispute arising shall be subject to the exclusive jurisdiction of the courts of Australia.
Services
Certain services, tours, bikes and accessories may be unavailable or become unavailable due to operational reasons, age, license type, or other unforeseen reasons.
Privacy
Ride Australia Bike Rentals prides itself on its integrity and confidentiality and will not disseminate any information about you, your service requirements or activity on this site without your authorisation or a binding lawful authorisation.
When using the Ride Australia Bike Travel Website our information technology systems may automatically collate information about IP addresses, domains, browsers and activity details associated with site visits. However, this information remains confidential and is not shared with any party without authorisation. Ride Australia Bike Travel will not use any such information to identify individuals or their internet activity and only uses such information to continually improve our internet information tools.
Ride Australia Bike Travel will only manage and store personal or service information that you willingly supply. No personal information is disseminated to any third party without authorisation.
Ride Australia Bike Travel respects your privacy and operates a strong privacy and anti-spam policy.
Payments
All payments via our website are via PayPal, chosen due to its formidable secure and safe transaction abilities. You do not need to have any account with PayPal to use this service, simply follow the details on the booking pages and links to pay easily and effectively without any security concerns. All major credit cards are accepted. If you would prefer to pay by EFT or some other method just contact us to discuss.
Tour and Rental Booking Terms
All tours and bookings are permitted upon the receipt of full payment, accurate details, and correct licenses and the acceptance and written authorisation of our Release and Waiver form when you collect your bike or commence your tour.
Release & Waiver / Terms and Conditions
ACKNOWLEDGEMENT OF DANGER AND RELEASE FROM LIABILITY
* For the purpose of this document the term Renter is taken to include any person who actually hires the vehicle or any other person who is a passenger in or on a vehicle owned by Aussie Motorcycle Hire Pty. Ltd. In this agreement "the company" means Aussie Motorcycle Hire P/L trading as Garners Motorcycles and Ride Australia Bike Tours and Rentals.
1a. By his signature on the front sheet of this document the renter and the additional renter warrants to the company that: This document constitutes his agreement to hire the motorcycle upon the terms and conditions on the front sheet and here in after set out;
1b. The renter is responsible for any infringements including but not limited to Speeding, Parking fines etc, and hereby authorises Aussie Motorcycle Hire P/L to charge his credit card for the amount of the infringements plus a processing fee of $50.00. A $10 toll pass is compulsory on all road motorcycle rentals.
1c. The Renter knows that motorcycling and related activities are a dangerous recreation and that participation in such activities will expose the Renter to the risk of serious injury or death. This possibility of injury or death can happen because of mechanical failure, the renters own actions while riding or as a passenger, road and weather conditions, the actions or failures to act by other people, including those travelling in company with the Renter, or any combination of these or other factors.
1d. The Renter recognises that the Renter may be injured or killed as a result of the Renter's or someone else's negligence, either active or passive or by any equipment failure of the sort which would permit suit against a manufacturer or supplier on a theory of strict (product) liability. The Renter hereby releases and indemnifies Aussie Motorcycle Hire Pty. Ltd. and all persons, agents, and employees from any claims or liability for death, personal injury or property damage howsoever caused, as a condition of acceptance to partake in the hire.
2. The Renter acknowledges and confirms that:
3. The Renter accepts the use of all equipment furnished to the renter by Aussie Motorcycle Hire Pty. Ltd. "as is" with any defects whether apparent or not. The Renter releases the company as described at the top of this document and all persons described in clause 1d. above from any strict or product liability for the renter's injury or death or property damage to whomsoever caused.
4. The Renter agrees to pay for any damage caused to the motorcycle up to the excess amount. Payment is due immediately once damage quote is completed by the company. The company has the right to terminate the hire at any time and recover the hired equipment at any time. The company reserves the right for any of its employees or representatives to enter on to the renter's property to recover any equipment or property belonging to the company.
5. Notwithstanding the provision of the Privacy Act or any other Legislation the Renter hereby authorises and directs Aussie Motorcycle Hire Pty. Ltd. to provide all information known to Aussie Motorcycle Hire Pty. Ltd. about the Renter including a copy of this form, accident reports, statements and any other documentation in possession or available to Aussie Motorcycle Hire Pty. Ltd. or any persons referred to in clause 1d above to any interested person.
6. Because laws regarding negligence or liability vary from State to State and Country to Country, the Renter understands and agrees that any legal action involving this release, or its effect, shall be governed by the laws of the State of Victoria, regardless of the place of injury, death or damage, or the location of any court in which such action is brought.
7. The Renter knows that the Renter must sign this agreement before the Renter may participate in any of the activities of Aussie Motorcycle Hire Pty. Ltd. as above or elsewhere. The Renter is hereby informed that if the Renter does not wish to sign this agreement, and therefore not hire, the Renter is entitled to a full refund of any deposit or fees which the Renter has paid, less a $100 processing charge / booking fee.
8. The Renter acknowledges that for the purpose of this declaration " Claims" means actions, suits, causes of action, demands, debts due, costs and expenses and other liabilities of any nature whether present, future or contingent, including but not limited to a claim arising from a negligent act or omission.
9. The Renter will be charged $100 call out fee if the bike has simply run out of petrol. It is the Hirer's responsibility to ensure the bike has adequate fuel at all times. Road bikes have a full tank at time of departure.
10.The Renter acknowledges that the company will not pay for any towing charges, in the case of an accident or breakdown always call Ride Australia Bike Travel/Rentalsfirst for instructions on (03) 9326 8676 (9am to 5.30pm) or 0411 811 847 (after Hours). If the hirer organises their own towing then it is at hirer's expense. If towing is organised by the hirer then the hirer is also liable for any damage caused by the towing company. (Tow companies do not tow motorcycles often and in most cases do not have the expertise to tie them down without damage.)
Ride Australia Roadside Assistance Legal Terms
With our tours and rentals our own Roadside Assistance is usually available. This service consists of a team of qualified service professionals with expert knowledge of our bikes, tours, locations, accommodation, routes and related safety matters. In the event of any incident, breakdown or support requirement a phone call to this service activates a logged response.
Our team of Ride Australia Roadside Assistance experts can then provide and source the appropriate advice, help arrange changed accommodation or route diversions, and in the event of a breakdown, ensure you are safe and despatch an expert with a replacement bike of similar model to either repair your rental bike or replace so you can continue your tour.
The service is a support service to assist you in peace of mine and in endeavouring to ensure that whatever mishap or problem may occur you have a team of professionals in support. This service is normally includes in our costs and a replacement bike or repair and all advice is included in the costs. Any additional extra accommodation, detours, medical, emergency and or other support requirements may attract a fee.
In the event of a cancellation the following fees apply:
Over 31 days prior ro the start date - 20 % of the total fee.
7-30 days prior ro the start date - 50% of the total fee.
1 -6 days prior to the start date - 100% of the total fee.
The Renter acknowledges that for the purpose of this declaration " Claims" means actions, suits, causes of action, demands, debts due, costs and expenses and other liabilities of any nature whether present, future or contingent, including but not limited to a claim arising from a negligent act or omission.
The Renter will be charged $100 call out fee if the bike has simply run out of petrol. It is the Hirer's responsibility to ensure the bike has adequate fuel at all times. Road bikes have a full tank at time of departure.
The Renter acknowledges that the company will not pay for any towing charges, in the case of an accident or breakdown always call Ride Australia Bike Travel/Rentalsfirst for instructions on (03) 9326 8676 (9am to 5.30pm) or 0411 811 847 (after Hours). If the hirer organises their own towing then it is at hirer's expense. If towing is organised by the hirer then the hirer is also liable for any damage caused by the towing company. (Tow companies do not tow motorcycles often and in most cases do not have the expertise to tie them down without damage.)
Ride Australia Roadside Assistance Legal Terms
With our tours and rentals our own Roadside Assistance is usually available. This service consists of a team of qualified service professionals with expert knowledge of our bikes, tours, locations, accommodation, routes and related safety matters. In the event of any incident, breakdown or support requirement a phone call to this service activates a logged response.
Our team of Ride Australia Roadside Assistance experts can then provide and source the appropriate advice, help arrange changed accommodation or route diversions, and in the event of a breakdown, ensure you are safe and despatch an expert with a replacement bike of similar model to either repair your rental bike or replace so you can continue your tour.
The service is a support service to assist you in peace of mine and in endeavouring to ensure that whatever mishap or problem may occur you have a team of professionals in support. This service is normally includes in our costs and a replacement bike or repair and all advice is included in the costs. Any additional extra accommodation, detours, medical, emergency and or other support requirements may attract a fee.
