TERMS & CONDITIONS OF RENTAL AGREEMENT

This is an agreement between THE HIRER (You) and SCOOTERS on STRADDIE (The Company identified on the RENTAL AGREEMENT), to rent/hire a Scooter as described in the RENTAL AGREEMENT.

It is agreed as follows:

1. You agree that the Scooter is hired to you in good operating condition. You agree to return the Scooter in the same condition, other than fair wear & tear, complete with Helmet, Okky Strap, Surf Board rack (if applicable) and keys, and to the same location where hired from at 126 Dickson Way, Point Lookout at or before the agreed time and date due back, or sooner if demanded by the Company. The Company may take possession of the Scooter at any time should it be suspected that the scooter has been used in Breach in any way, of this rental agreement, or has been illegally parked, or has been involved in a Traffic Violation, or has been used for an illegal purpose. Should you wish to extend the period of hire you must seek authority from the Company and the Company must agree. If the scooter is not returned at or before the ”bring back” time… the Scooter will be reported to the Police on the island. The Hirer will be charged a further 10% late fee plus extra Hire fees.

2. VEHICLE DESCRIPTION – The Owner will let, and the Hirer will take on, hire of the Vehicle identified in the Rental Agreement – The Hirer is responsible for inspecting the Scooter prior to departure from the rental location and to notify the Owner immediately any damage is sustained to the vehicle. The Hirer will also notify the Police should it be involved in a traffic accident and follow instructions from Police. In the event of a Third-Party Property insurance claim, the Hirer is responsible.

3. DURATION OF THE HIRE – The term of the Hire will be as set out in the Rental Agreement. If you Hire the Scooter for 3 days and want to return it sooner… there is no refund

4. PERSONS WHO MAY DRIVE THE VEHICLE – The vehicle may be driven during the period of hire ONLY by the person/s named in the Rental Agreement, and ONLY if they hold a current drivers licence appropriate for the vehicle, at the time they are driving the vehicle. You must operate the Scooter within traffic rules and regulations, and in a manner, which is safe. It must not be operated by a hirer who is under the influence of drugs, or alcohol beyond the legal limit for your Licence requirements. It must not be driven by a driver whose Licence has been revoked or suspended, or who has tendered false identification. IT MUST NEVER BE DRIVEN ON SAND OR BEACHES! It may be driven on gravel roads… like to the Golf Club, Brown Lake (at times) and to Blue Lake National Park. Note that at the end of Tazi Road, there is a 100m sand road to Main Beach. You cannot under any circumstances go onto the sand road!

5. The Company will not refund a Deposit, nor will the Hirer demand return of a Deposit, in the event of a breach of any of the Terms of a RENTAL AGREEMENT.

6. PAYMENT BY THE HIRER – The Hirer will pay to the Company as payment for the Hire of the vehicle for the period specified in this Agreement, the sum detailed in this Agreement, including the Security Deposit.

7. PAYMENT & SECURITY DEPOSIT – The Hirer shall agree to pay the amount required for the Hire as shown on the Rental Agreement, prior to Hiring the Scooter. The Hirer must pay the Security Deposit prior to hiring the scooter. (See the Rental Agreement for details)

8. HIRER’S OBLIGATIONS – The Hirer shall ensure that:

· The tyres are maintained at the proper pressure

· Only 95 Octane Fuel is put into the vehicle

· The vehicle is returned in a clean and tidy condition, and reports ANY incidents that may have caused minor damage to the vehicle

· The Hirer shall ensure that all reasonable care is taken in handling and parking the Scooter and that it is locked when not in use (Key is removed)

· The Hirer shall ensure that the key remains in their possession whilst the Hire is taking place, and is returned in good condition (A LOST KEY fee of $100 will apply if a Key is Lost)

· The Hirer is responsible for ANY loss of, or damage to, the Scooter and its extras, and helmet during the period of the Rental. Deposits will be withheld until repairs are completed and after costs have been deducted, including downtime at the normal daily rental rate for the period of downtime, any balance will be refunded, or in the case of extensive damage or loss, the Company is authorized to recover the total cost of repair or replacement of the scooter and helmets as defined in the RENTAL AGREEMENT, from the Credit Card nominated in the RENTAL AGREEMENT.

· Where the Scooter is returned as rented, and no Terms & Conditions are breached, Deposits will be refunded in the same manner as paid.

· The Scooter is rented to YOU with a full tank of 95 Octane fuel. It is your responsibility to return it with a full tank. If it is not returned the same, $5 per litre will be charged to refuel it.

9. INSURANCE – The Hirer must understand and agree to the following:

· Note: The Hirer accepts that the vehicle is hired to him or her at his or her OWN RISK in respect of loss or damage to the vehicle and consequential loss by the owner. The Hirer accepts that he or she will be liable to the Owner for any loss or damage to the vehicle and consequential loss. Please see the RENTAL AGREEMENT for further details.

· The Hirer is liable for the first $1,300 of damage or loss referred to above, unless the vehicle is driven in a reckless and dangerous manner and the vehicle is written off, whereupon the Hirer will be liable for $2,200 of damage or loss (the cost of replacement).

· The Hirer accepts that he or she has no insurance cover under the RENTAL AGREEMENT in respect of any damage, injury, or loss caused to any person or property.

· The Hirer totally indemnifies the Company of any responsibility in relation to this rental, loss of personal property, or any other matter occurring during or as a result of this Rental Agreement.

10. OWNER’S OBLIGATIONS – The Owner will supply the Scooter in a Safe and Roadworthy condition. The Owner will be responsible for all ordinary and extraordinary costs of running the vehicle during the Term of Hire except to the extent that by the Terms and Conditions of this Agreement, those costs are payable by the Hirer.

11. MECHANICAL REPAIRS AND ACCIDENTS – The following applies:

· If the vehicle is damaged or requires repairs or salvage, whether because of an accident or breakdown, the Hirer will advise the Company of the full circumstances by telephone as soon as possible.

· The Hirer shall not arrange or undertake any repairs or salvage without authority of the Company, except to the extent that repairs are necessary to prevent further damage to the vehicle or other property.

· The Hirer will ensure that no person shall interfere with the distance recorder or speedometer, or except in an emergency, any part of the engine, transmission, braking or suspension system of the vehicle.

· The Hirer is responsible for any punctures or tyre/rim damage that occurs during the lifetime of the Hire.

· Breakdown callout fee of $100 applies for out of fuel request calls

12. USE OF THE VEHICLE – The Hirer shall not use or permit the vehicle to be used for the carriage of passengers – even for Hire or Reward. The Hirer shall not:

· Sublet or Hire or Lend the vehicle to another person.

· If you have a P Plate Licence, the P Plate must be shown at all times.

· Permit the vehicle to be taken outside his or her authority

· Operate the vehicle or permit it to be operated in circumstances that constitute an offence by the driver against Section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drugs)

· Operate the vehicle or permit it to be operated in breach of Transport Act 1962, the Traffic Regulations 1976 or any other Act, regulations or bylaws relating to road traffic.

· Operate a Scooter with a pillion passenger aboard.

· Drive or permit the vehicle to be driven by any person not holding a current driver licence appropriate for the vehicle.

· Take the Scooter onto Sand/Beaches.

· The Scooter is rented full of 95 Octane fuel… and MUST be returned that way.

13. CANCELLATION – Cancellation of booking within 24hrs of requested hire, will incur a 50% of a day hire rate ($37.50 incl)

14. PRIVACY LAWS – The Company is bound by Privacy Laws and will not disclose any of the hirers details to anyone other than law enforcement agencies.

15. OWNER’S RIGHT – It is at the owner’s discretion to hire you the Scooter or not! If the Owner’s staff believe that the hirer is intoxicated or under the influence of illegal drugs… the Hirer will be refused the Hire. There is no tolerance!

Please note: You should not accept this Unless you are sure you understand its effect