Xpert Moto Group Pty Ltd Terms and Conditions
Rental Terms and Conditions
Please read our terms and conditions carefully as they outline your
responsibilities when renting vehicles from us.
1. The Agreement and your booking
a)The Rental Form
and these Rental Terms and Conditions (Rental Terms) form an agreement
(Rental Agreement) between you and Scootering Pty Ltd, ABN 72 629 456 408
(Scootering, we, us, our) in relation to your use of the vehicle
specified in the Rental Form (Vehicle).
b)We will endeavour
to provide a vehicle of the vehicle class requested together with any
additional equipment, subject to availability.
c) We may refuse to provide you with the
Vehicle if you do not present a valid drivers licence, do not provide the
required Security Deposit, fail to pay the Rental Fee, are intoxicated,
aggressive or confrontational with our staff or due to any other similar
reasons (acting reasonably)).
2. The renter
a)You agree that by
signing the Rental Agreement you are deemed to be the renter and the sole
driver of the Vehicle and at no time you will permit any other person to
operate the Vehicle, unless otherwise agreed by us in writing.
3. Fees, tolls, other charges and payment
a)You agree to pay
the fees for your use of the Vehicle in the amount and manner specified in the
Rental Form (Rental Fees) and to pay all tolls, parking charges, cleaning fees,
fines and infringements incurred by you relating to or in connection with the
Vehicle.
b)The Rental Fees
and all other payments due and payable under the Rental Agreement (including
tolls) will be processed via our fleet management system eFleetPass operated by
MFA Motorway Holdings Pty Ltd (trading as eFleetPass) ABN 87 639 253 857. eFleetPass’s
Terms of Use and Privacy Policy can be viewed on eFleetPass’s website: https://www.efleetpass.com.au/. EfleetPass uses Pay Advantage,
ABN 38 749 739 150, as payment gateway services provider. Pay Advantage’s Terms
of Use and Privacy Policy can be viewed on eFleetPass’s website: https://www.payadvantage.com.au/.
c) We may amend the Rental Fees upon 14 days’ written notice to you. You will be deemed to have accepted the new fees if you continue to use the Vehicle post such notice period.
4. Rental Period, renewals, termination and return of the Vehicle
a)The minimal
rental period is stipulated in the Rental Form (please refer to Start and
Return dates and times set out in the Rental Form) (Minimal Rental
Period). At the end of the Minimal Rental Period, if the Vehicle in not
returned by you to the drop off address specified in the Rental Form (Drop Off
Address) within 2 hours from the end of the Minimal Rental Period (or any
renewal period), this Rental Agreement will automatically renew for a further
period(s) of the same duration as the previous rental period (Renewal
Period(s)), until either party provides the other party with at least seven (7)
days written notice of termination of this Rental Agreement. The
foregoing notice, in order to be valid, must be provided by a party only via
SMS or WhatsApp to the mobile number nominated by the other party.
Notwithstanding anything to the contrary in the Rental Agreement, if the Rental
Agreement is terminated by you for convenience or by us due to your default,
during the Minimal Rental Period or during any Renewal Period, you still will
be liable to pay us for the duration of the remainder of the Minimal Rental
Period or the 7 day’s notice period – as the case may be.
b)Rental Fees must
be received by Scootering on a weekly basis prior to the rental period (at the
beginning of the Minimal Rental Period and at the beginning of each subsequent
Renewal Period). Should such payment not be made, Scootering reserves the right
to take possession of the Vehicle at any time without notice. The reasonable
costs associated with the recovery of the Vehicle shall be charged to
you.
c) The Vehicle must be returned to the
Drop Off Address with a full tank of petrol, not doing so will incur an
administration fee up to $30 depending on the model rented.
d)Notwithstanding
anything to the contrary in the Rental Agreement, we have the right to
terminate the Rental Agreement and take immediate possession of the Vehicle if
you fail to comply with the terms of this Rental Agreement and such failure
causes damage to or loss of, or theft of the Vehicle or puts the Vehicle at
immediate threat of loss or damage, or if the Vehicle is otherwise damaged, or
you are involved in a reckless breach of road or traffic legislation. The
termination of a hire under this clause shall be without prejudice to the other
rights we may have under the Rental Agreement or at law.
e) Termination Fee:
In the event that the contract is terminated prior to the agreed-upon
end date, a termination fee will be applied. The amount of the termination fee
will be 100% of the deposit/bond. This fee is designed to cover administrative
costs and expenses associated with early termination of the contract. By
signing this contract, the customer agrees to pay the termination fee if the contract is terminated before the end date.
f)If you are in a long term rental contract and receiving a weekly discounted rate cancellation of your rental contract before the agreed upon due date will be total loss of your bond and also require you to pay the difference between the discounted rate you received and the regular weekly rate for the total period of your rental contract.
g)We reserve the right to cancel your rental during a contract period for 3 failed payments of rent, loss of bond will apply.
h) Vehicle must be returned to our Lewisham store during business hours- we will not accept returns outside of business hours.
5. GPS Tracking
You acknowledge and
agree that Scootering reserves the right to GPS track the Vehicle at all times.
6. Vehicle condition
a)We shall supply
the Vehicle to you in a safe and roadworthy condition.
b)By signing the
Rental Agreement, you acknowledge that you have received the Vehicle in an
undamaged and road worthy state (all damage (if any) are in the photos taken
during the inspection of the Vehicle at the commencement of your hire).
c) The Vehicle and all hired accessories shall be returned to Scootering in the same state as they have been received by you (except for normal wear and tear) and have a full tank of petrol. Any damage to the Vehicle and accessories shall be paid for by you. “Normal wear and tear” shall be determined by Scootering acting reasonably.
d)General use of the motorcycle will not incur a cleaning fee. However, if the motorcycle is returned in an excessively dirty condition, ( such as dirt/ mud when off-roading) a cleaning fee may apply.
e)Tyre usage under normal riding conditions is not subject to any fees. However excessive tyre wear or damage may result in tyre usage charges.
7. Vehicle use
You agree to:
a)not use the
Vehicle contrary to any laws and regulations and for any illegal purposes;
b)not use the
Vehicle when it is damaged or unsafe;
c) only use the Vehicle on paved and
gazetted roads within the Sydney or Melbourne metro area, depending on which
city the Vehicle is rented to you (unless Scootering gives a written permission
to use the Vehicle outside of such area). If Scootering becomes aware of
improper use of the Vehicle or its use outside of the permitted by this clause
area without our written permission, Scootering reserves the right to cancel
the Rental Agreement immediately and take possession of the Vehicle without
notice to you or report the Vehicle as lost or stolen immediately. Any costs
associated with such action shall be your responsibility;
d) not operate the Vehicle or allow it to be operated
in any race, speed test, reliability trial, rally or contest, or operated on
any race or rally circuit or in any event as a pace-maker or testing in
preparation for any of them;
e)take all
reasonable care of the Vehicle including taking care to: prevent damage to or
theft of the Vehicle, protect the Vehicle against inclement weather including,
by garaging (where possible) or covering the Vehicle to prevent damage caused
by hail, keeping the Vehicle locked and secure and the keys and any keyless
start, Vehicle key card or remote control device under Your personal control at
all times - You must be able to produce the key, keyless start, key card or
remote in the event of a theft of the Vehicle;
f) check the engine oil level, coolant
and water levels on a weekly basis and top them up as needed; maintain the
tyres at their proper pressure;
g)if any warning
lights illuminate on the Vehicle control panel or you believe that the Vehicle
requires mechanical attention, inform Scootering immediately and not use the
Vehicle until the problem is resolved;
h)NOT use E10
ethanol-blended fuel in the Vehicle. Failure to do so can result in
serious damage to the Vehicle and the cost of repair or replacement of the
Vehicle will be charged to you;
i) not interfere with distance recorder
or speedometer;
j) bring the Vehicle to Scootering for
periodic maintenance as directed and/or scheduled servicing required. You must
make a booking for servicing with Scootering prior to arriving. If you exceed
the kilometres limit for the next service, any damage caused to the engine will
be charged to you. If you fail to do so within 48 hours a monetary penalty will
be charged to you in the amount of $250 which can be deducted from
the Security Deposit.
k) or claim to
be entitled to register any security or other interest in the Vehicle under
the Personal Property Securities Act 2009 (Cth).
8. If the Vehicle is lost, stolen or involved in an
accident
a)If the Vehicle is
lost, stolen or damaged or a third party is involved in the incident:
(i) you must notify us as soon as
practicable and in any event within 24 hours. In the event that you fail to
notify us within 24 hours and we incur additional costs as a result of you
failure to inform us, then you may be charged for any additional costs reasonably
incurred by us;
(ii) as soon as you can, report the
accident to the police and provide us with full details of the incident and a
copy of the police report;
(iii) you will be liable to pay us the
Excess;
(iv) you must come to our office to
finalise the Rental Agreement - which may include, without limitation,
attending to payments, filling out relevant documentation and returning the key
to the Vehicle . You acknowledge and agree that if you fail to comply with the
foregoing requirement (including, without limitation, the return of the key) we
will not able to finalise the Rental Agreement you will continue to be liable
for Rental Fees;
(v) we will initiate inquiries with the
relevant authorities with a view to recovering the Vehicle. If the Vehicle is
recovered, we will refund the Excess less recovery costs and associated
amounts, including and any amount for damage arising from the condition in
which the Vehicle is found;
(vi) you must co-operate with us and/or
relevant third parties in any investigation or subsequent legal proceedings.
Failure to do so may incur additional costs, loss or damage that will be
charged to you.
9. Accidents and repairs
a)If the Vehicle is
involved in an accident, is damaged, breaks down or requires repair or salvage,
regardless of cause, you shall notify us of the full circumstances by telephone
immediately.
b)You must not
arrange or undertake any repairs or salvage without our prior written agreement
(this includes, but is not limited to, purchasing a replacement tyre) except to
the extent that repairs or salvage are necessary to prevent further damage to the
Vehicle or to other property.
c) If the Vehicle requires repair or
replacement, the decision to supply another vehicle to you is at our sole
discretion.
d)If the Vehicle
breaks down in the course of its normal use and not due to your fault, it shall
be replaced by Scootering to your designated address during business days (days
that are not weekends or public holidays in NSW or VIC, Australia – as applicable
to your hire) within 48 hours at the expense of Scootering. You agree not to
hold Scootering liable for any loss due to this occurrence. “Normal use” shall
be determined by Scootering acting reasonably.
e)If the Vehicle
breaks down due to your misuse, negligence, wilful misconduct or breach of the
Rental Agreement, the recovery costs shall be your sole responsibility.
f) Flat tires are your sole
responsibility. If the Vehicle receives a flat tire during the course of the
hire period, you agree to be financially responsible for the cost of fixing or
replacing the tire (as determined by us acting reasonably) and the cost of the
recovery of the Vehicle. Scootering can assist in this action however all
associated reasonable costs will be charged back to you.
10. Road side assistance
Scootering will provide you with a
limited roadside assistance during the term of the Rental Agreement, the terms
and conditions of which are as follows:
a)Subject to the
terms of this clause 10, free roadside assistance is available to you on
Monday to Saturday between the hours of 7 am and 7 pm inclusive. Please
call 0433 880 748 within these hours.
b)The free roadside
assistance covers any breakdown of the Vehicle which occurs due to inherent
mechanical faults in the Vehicle in the normal use of the Vehicle and its
normal wear and tear, and is not caused by your fault (such as, lost keys,
keyless start, Vehicle key card or remote control device, changing a wheel as
the result of a flat tyre, running out of fuel or in the case of an electric
vehicle, running out of charge, etc). Without limiting the foregoing, the free
roadside assistance offered by Scootering specifically does not cover the
following occurrences:
(vii) any flat tyres. Scootering can assist
in picking up the Vehicle and delivering it to Scootering for repairs in such
eventuality at a cost of $150 as long as subsection (c) is satisfied.
(viii) a flat battery which is caused by
leaving lights on or any accessories on by you. Scootering can assist in
picking up the Vehicle and delivering it to Scootering for repairs in such
eventuality at a cost of $150 as long as long as
section 10 (c).
Fees and charges
apply for all other faults or driver induced errors.
c) The free roadside assistance is
limited to Sydney (depending on the city in which the Vehicle has been
rented) and only gazeted roads. For the avoidance of doubt, if you hire a
Vehicle in Sydney, you will only receive roadside in Sydney.
d) We reserve the right to refuse to
provide roadside assistance, or charge additional costs for providing roadside
assistance when the Vehicle is outside of the area or the type of road
specified in section 10(c) or it is otherwise unsafe to do so.
e)Scootering will
make all endeavours to get to the breakdown location as soon as practically
possible.
f) In case of a breakdown of the Vehicle
and if the Vehicle is in a drivable and roadworthy condition, you agree to
drive the Vehicle directly to the location nominated by Scootering if it is
safe to do so.
11. Fines-Failed payment Fee
a)You agree to bear all costs associated with any fines incurred by your illegal use or use of the Vehicle in breach of this Rental Agreement. Any fines incurred will be nominated to the driver listed on the Rental Form and will be charge $25 administration fee for each nomination.
b)For each and every failed weekly payment a failed payment fee of $8.80 will apply.
12. Security Deposit
a)Prior to renting
the Vehicle you must pay the Security Deposit in the amount specified in the
Rental Form, as security to cover additional charges you accrue under the
Rental Agreement.
b)The Security
Deposit will be retained by us during the term of the Rental Agreement and for
a period of up to 30 days following the termination of the Rental Agreement or
return of the Vehicle to us (whichever is longer) to allow for the arrival of
any fines and notices.
c) If you fail to pay any fees, charges,
Excess or expenses payable by you under or in connection with the Rental
Agreement, you authorise us to deduct such amounts from the Security Deposit.
13. Damage cover provided by Scootering and your insurance
a)Scootering will
at all times maintain compulsory third party (CTP) insurance of the Vehicle.
b)You acknowledge
and agree that with respect to comprehensive motor-vehicle insurance:
(i) Subject to the balance of this clause 13,
Scootering only provides damage cover up to the amount of $15,000 (Damage
Cover).
(ii) Scootering does not maintain
comprehensive motor-vehicle insurance in relation to the Vehicle;
(iii) If the Damage Cover offered by
Scootering is not sufficient to you from your risk management perspective, you
may procure your own insurance from a third party provider and such insurance
policy must note Scootering as a co-insured.
c) The cost of the Damage Cover is
already contained in the Rental Fees. Please note that the following excess
amount is payable by you should you wish to make use of the Damage Cover due to
an accident or damage caused to the Vehicle or any other property or party
involved:
(i) Vehicle’s engine up to 160cc – excess
is $2000;
(ii) Vehicle’s engine between 161cc and 600cc
– excess is $2500;
(iii)
Vehicles engine between 601cc and 900cc – excess is $3000;
(iiii) If the Vehicle is any model of BMW –
excess is $3500;
If a person who is not listed on the
Rental Form drives the Vehicle and causes damage to the vehicle or any third
party property the excess must be paid by the driver listed on this contract
and as follows”
(i) If the Vehicle is any model –
excess is $5000;
d)Any damage caused
to the Vehicle due to collision, fire, theft of the Vehicle or damage caused to
the Vehicle by a third party or force of nature whilst the Vehicle is in your
care, shall be your sole responsibility and you agree to compensate Scootering
for all costs and expenses if not using the Damage Cover (or the damage exceeds
the amount of Damage Cover) or you are unable to use the Damage Cover for any
reason.
e)For you to benefit from the Damage Cover, you must: (a) permit and assist us to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyer’s office and/or court; and (b) allow us to claim in your name and do everything that may be required to assist us in making any recovery or defence claim. (c) You must not be under the influence of drugs, alcohol or any substances at time of accident.(d) Negligent or dangerous driving will void any possible claim of the accident cover. (d) You must hold a valid license that allows you to ride the vehicle you have rented. If you not hold a valid license, the accident cover is void.
f) To Make a claim on the accident cover provided, you must contact us in writing with all accident details with admission of fault in the accident and instructing Scootering to process the excess fee payment, the applicable excess fee must be paid in full within 7 days of accident. Failure to pay the excess fee within this time will void any possible claim.
14. Your liability and indemnity
You agree to be
liable for and indemnify us on a full indemnity basis against:
(i) any loss of, or damage to, the
Vehicle and its accessories;
(ii) any loss of, or damage to, vehicles
and property of third parties;
(iii) any personal injury or death;
(iv) any consequential damage, loss or
costs incurred by us, including, without limitation, salvage costs, loss of
ability to re-hire and loss of revenue,
arising out of or
in connection with your use of the Vehicle.
15. Scootering Limitation of liability
To the fullest extent permitted by
law and notwithstanding any other provision of the Rental Agreement, we shall
have no liability (whether for breach of contract, under indemnity, negligence
or on any other legal or equitable basis) under or in connection with the
Rental Agreement for loss of use, profit, revenue, business, data, contract or
anticipated benefit or saving, or for any delay, financing costs or increase in
operating costs or for any special, indirect or consequential loss. Otherwise,
our maximum aggregate liability (whether for breach of contract, under
indemnity, negligence or on any other legal or equitable basis) under or in
connection with the Rental Agreement is limited (at our discretion), to the
extent permitted by law, to the re-supply of the vehicle the subject of the
booking or the reimbursement of the Rental Fees.
16. General
a)The Rental
Agreement is governed by the laws of New South Wales and each party submits to
the jurisdiction of the courts of NSW. Any part of the Rental Agreement which
is illegal, unenforceable or void must be read down so as to be enforceable and
valid and where this is not possible shall be severed from this agreement
b)Nothing in the
Rental Agreement excludes, restricts or modifies your rights under the
Australian Consumer Law or other applicable consumer protection legislation.
c) We may register our interest in the
Vehicle on the Personal Properties Securities Register. You agree, to the
extent permitted by law, we do not need to notify you if we make, or change,
such a registration.
d)In the event of
any inconsistencies between the terms of the Rental Form and these Rental
Terms, these Rental Terms will prevail.
e)The following
clauses will survive the expiry or termination of the Rental Agreement for any
reason: 11, 12, 13, 14, 15 and 16.
I have read,
understood and agree with the terms and conditions;