Rental Contract
1 Introduction
Rental Contract
When You rent a Vehicle from Us the contract (Rental Contract) You have with Us consists of:
(a) the agreement (Rental Agreement) You have signed to rent the Motorbike from Us (Give it a Gas);
(b) these rental Terms and Conditions (Terms and Conditions); and
(c) the Service Agreement within payment, and together they create binding and enforceable legal obligations.
1.2 Permitted use
The Rental Contract permits use of the Vehicle for private and recreational purposes only, with limits stablished upon booking specifications.
1.3 Governing law
(a) The laws of the state in which the Rental Location is situated govern the Rental Contract and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
(b) The Australian Consumer Law provides You with rights that are not affected by the Rental Contract and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal, State or Territory legislation.
2 Safety induction
2.1 Public Safety is Our principal concern, and if in Our sole opinion You do not have the skill or competence to ride the Vehicle safely We may decline the rental. If that should occur, any prepaid charges will be refunded in full.
2.2 Induction At the Start of the Rental We will conduct a short induction to make sure You are familiar with the handling of the Vehicle and its controls. This may require You to ride the Vehicle for a short test drive so that We are satisfied You have the competence to safely ride the Vehicle during the Rental Period.
3 Who may drive the Vehicle?
3.1 Only You or an Authorised Rider can drive the Vehicle.
3.2 It is a Major Breach of the Rental Contract if You or an Authorised Rider let anyone who is unauthorised drive the Vehicle. If there is a Major Breach of the Rental Contract, there is no cover for You, the Authorised Rider or the unauthorised rider for any Damage, theft of the Vehicle or Third Party Loss. Surcharge of $2000 might be applied if a non authorised rider is involved in an accident.
3.3 We set minimum and maximum age limits for those renting Our Vehicle . You and any Authorised Rider must be at least 18 and not over 75 years of age and have no less than 36 months driving experience unless We have agreed to a variation of those restrictions before the Start of the Rental and it is shown in the Rental Agreement.
3.4 You and any Authorised Rider must also have a valid Vehicle licence, which is issued in an Australian state or territory or an international licence (with a translation into English if it is not issued in English) and Your licence must not be subject to any restriction or condition. Learner drivers can ride the Vehicle providing they are over 18 years old and have an Australian learners permit, if agreed. International learners’ permits are not accepted.
3.5 You must also (a) provide proof of identification such as passport and a document with your address where the Vehicle would be regularly parked; and (b) have one other type of identification (e.g. bank card, passport etc).
3.6 The Vehicle must not be driven if Your licence or the licence of any Authorised Rider has been suspended or cancelled within three years of the date of the Rental Agreement.
3.7 We accept NO liability if You pick up or drop off passengers while using one of Our Vehicle.
4 Prohibited Use
4.1 The Vehicle must never be driven by You or any Authorised Rider:
(a) if you or any Authorised Rider is intoxicated or under the influence of drugs or alcohol or has a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) while the Vehicle is damaged or unsafe.
4.2 You and any Authorised Rider must not use the Vehicle:
(a) for any illegal purpose;
(b) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(c) to carry more than one pillion passenger;
(d) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or (e) in an unsafe or un-roadworthy condition.
4.3 You and any Authorised Rider must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(c) modify the Vehicle in any way;
(d) sell, rent, lease or dispose of the Vehicle; or
(e) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
5 Where the Vehicle can and cannot be used.
5.1 The Vehicle must never be driven:
(a) on an Unsealed Road;
(b) Off-Road; or
(c) above the snow line between 1 May and 31 October.
5.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, streams, rivers, creeks, dams and floodwaters;
(c) any road where the police or authority has issued a warning;
(d) any route that is closed; and
(e) any road where it would be unsafe to drive the Vehicle;
(f) ferries, boats or rafts;
(g) island with no road access;
5.3 The Vehicle must never be driven or used outside the State of Victoria unless We have given Our prior written permission before the Start of the Rental, and it is noted on the Rental Agreement.
6 Your obligations
6.1 The minimum Rental Period is two (2) days and commences at the date and time shown in the Rental Agreement, counting every 24hours lot.
6.2 The Rental Charges must be paid in advance, upon pick up via debit card, credit card, bank transfer or cash through any of our partners. Options can be found according to your contract conditions.
6.4 At the Start of the Rental and before collecting the Vehicle You must:
(a) inspect it to make sure that any pre-existing damage is noted and shown in the Rental Agreement; and
(b) pay the Security Bond.
6.5 The Security Bond is fully refundable to You at the End of the Rental provided that:
(a) all amounts due to us under the Rental Contract have been paid;
(b) the Vehicle has been returned to the Rental Location at the date and time set in the Rental Agreement, or agreed by the company representative.
(c) there is no Damage or Third Party Loss; (d) the exterior and interior of the Vehicle are properly clean (subject to fair wear and tear); (e) the Vehicle has tank level of fuel as given; (f) there has not been a Major Breach of the Rental Contract; and (g)accessories/gear are/is under same conditions as given;
6.6 All Vehicle have a Insurance Damage Excess of $5000 in the event of an Accident with a third party only and We reserve the right to retain all or part of the Security Bond if there is a breach of any of these conditions. For excess reduction options chosen and paid for (min 5 days booking required), this amount can be reduced to $2500.
6.7 Please note that if You cause Damage to the Vehicle by crashing or dropping the Vehicle, You will forfeit Your entire Security Bond. Extra fees might be applied according the nature and dimension of damages and situation to get it transported and/or repaired.
6.8 The Security Bond will be refunded once all monies owed to Us have cleared into our account, this can take up to 14 business days, but can take longer if We need to repair any Damage to the Vehicle.
6.9 At the End of the Rental You must:
(a) return the Vehicle and gear in the same condition it was in at the Start of the Rental, fair wear and tear excepted;
(b) pay the balance of Rental Charges;
(c) pay the Damage Excess if there is Damage or Third Party Loss as a result of an Accident;
(d) pay any costs We incur, including extra cleaning costs , in reinstating the Vehicle to the same condition, it was in at the start of the rental, fair wear and tear excepted;
(e) pay for:
(i) all Damage arising from a Major Breach of the Rental Contract;
(ii) all Underbody Damage; and
(iii) any damage caused by the immersion of the Vehicle in water. 6.10 In the event the Vehicle is stolen and not recovered, in the scenario that you did not choose to have theft coverage/insurance excess reduction in the rental agreement, You must pay same amount as retail price for the vehicle as replacement for the theft of the Vehicle.
6.11 You and any Authorised Rider must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.
6.12 If We pay for any tolls, fines or infringements incurred by You during the Rental Period We will charge You an Administrative Fee of $15 for all; such payments as well as charging You for the toll, infringement + GST and taxes. Admin fee incur for every invoice received for the respective time the vehicle was under your possession.
6.13 You and any Authorised Rider must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in Your possession, or that of any Authorised Rider, at all times.
6.14 You and any Authorised Rider must make sure that the Vehicle is parked locked at overnight it must be locked and parked indoors.
6.15 You and any Authorised Rider must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) using the correct fuel type (unleaded 91 or 98(; (E10 fuel must NOT be used ); and
(d) making sure it is not overloaded.
6.16 If the Vehicle develops a fault during the Rental Period:
(a) You must inform Us immediately:
(b) You must not drive the Vehicle unless We have authorised you to do so; and (c) You must NOT let anyone else repair or work on the Vehicle or tow or salvage of it without Our prior written authority to do so.
6.17 Where We have given You Our prior authority to repair, tow or salvage the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
7 Servicing and Maintenance
7.1 We will provide you with a Vehicle that is of acceptable quality and in good working order taking into account the age of the Vehicle.
7.2 If the Vehicle breaks down during the Rental Period because of Our negligence We will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired, We will use Our best endeavours to provide a replacement Vehicle where one is available.
7.3 We are not responsible for any consequential loss You may suffer if the Vehicle breaks down unless this is because of Our negligence.
7.4 It is Our responsibility to keep the Vehicle regularly serviced, but if the Rental Period is more than 7 days, You MUST take the Vehicle back to be maintained when a representative express it by text, call, email provided to us or as is indicated upon rental. Under booked appointment in which exceptions can be made without maintenance appointment. Not respecting this is Major Brach of Contract and we reserve the right to terminate the contract at any time in case we face negligence over maintenance; In the odds of this event occur it means that the mileage accorded must be reviewed and we ill do our best to make the initial kilometres intended to be ridden accessible and available in between the service gaps of every vehicle provided.
7.5 We will work with you to arrange a time for the service to take place and We will pay for the service, parts, tyres and any other issues with the Vehicle providing that these issues were not caused by You or any Authorised Rider.
7.6 If You cannot commit to taking the Vehicle in for a scheduled service, please communicate and the rights measures will be pt in place to accommodate both needs.
7.7 Please ensure Lights, tyres and brakes are checked once before start riding to avoid any undesired incident;
8 Damage Cover
8.1 Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions of Rental We will indemnify You for any Damage to the Vehicle, its theft or Third Party Loss but You must pay up to the amount of the Damage Excess for each separate Accident or amount mentioned in clause 6.10 if a theft claim occurs unless We agree that You were not at fault and the other party and their insurance company accepts liability.
8.2 An additional Damage Excess of $1000 applies to all riders under the age of 22 years or not authorised drivers.
8.3 There is no Damage Cover, and You and any Authorised Rider are liable for:
(a) Damage, theft of the Vehicle or Third Party Loss arising from:
(i) a Major Breach of the Rental Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Rider;
(b) Underbody Damage;
(c) Damage caused by immersion of the Vehicle in water; and
(d) wheel or tyre damage, including puncture repair.
8.4 There is no Damage Cover for personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
(a) You or any relative, friend or associate of Yours ordinarily residing with You or with whom You usually reside;
(b) any relative, friend or associate of an Authorised Rider; or
(c) any passenger.
9 Toll Charges
9.1 You must pay all tolls incurred related to the use of the use of the Vehicle on a toll road. We can offer a toll coverage for extra $10 (2 passes included initially) and extra $10 for every time the vehicle is taken through a toll road/tunnel.
9.2 If We receive any toll invoices for the use of the Vehicle on a toll road, we reserve the right to collect payment via credit or debit used upon rental and We will forward the receipts with respective invoice onto You.
9.3 Any tolls or infringements We receive will incur an administrative fee of $15 per invoice.
10 Rental Period, costs & charges
10.1 The Rental Agreement shows:
(a) the Rental Period for which You have rented the Vehicle; and
(b) the Rental Charges.
10.2 At the End of the Rental You must return the Vehicle on the date and by the time shown in the Rental Agreement. If you fail to return the Vehicle at the scheduled time, We may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police after 48 hours.
10.3 You must return the Vehicle with the same level of fuel as at the Start of the Rental. If You fail to do so, you will be charged for the fuel used plus an administrative fee of $40 regardless the fuel level to cover our admin fees and time.
10.4 At the End of the Rental You must also pay for all amounts owing according to clause 6.5(b) to 6.5(e) (inclusive) and any costs of money owed to Us after that accrue interest at the rate of 10% per month commencing 2 days after the End of the Rental.
10.5 Any amount payable under the Rental Contract is subject to subsequent verifcation and adjustment, and details of any modifcations will be provided to you as soon as practicable.
10.6 If any amount is due to Us or remains unpaid, You authorise Us to debit the amount due to Us via, Stripe or any other platform we’re using, over Your credit or debit card with that amount, within a reasonable time after the End of the Rental.
10.7 If You default in the payment of any amounts of money owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on you. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information that containing information about You, including defaults in excess of 60 days and the debt owed to Us.
11 Termination
11.1 Either party may terminate the Rental Contract by giving not less than 24 hours (1 day) notice to the other party communicated via email and phone call/sms. If You give that notice to Us or We give that notice to You, You must return the Vehicle to Us within 48 hours of the receipt of that notice.
11.2 You must return the Vehicle at the End of the Rental and if You fail to do so:
(a) a late fee of one extra daily of rental (applied over each different vehicle and its respective rates) ; and
(b) an after hours / return fee of $75 will be incurred in case the vehicle was returned along the period we do not operate (after business hours) or unless state in contract
(c) In case vehicle is left unattended and is found by us on the next day, an extra daily fee over the after hours return, incurring in both charges together;
11.3 There is no refund if the Vehicle is returned before the expiration of the return or notice period unless is a gesture of goodwill from our side;
11.4 We reserve the right to terminate the contract at anytime if We believe you’re not cooperating or fulfilling your part on this rental agreement.
12 Cancellation
12.1 We do not provided refunds unless over the conditions shown in clause 12.3;
12.2 If Your booking is cancelled within 48 hours prior to the Start of the Rental or You fail to notify Us of Your intended cancellation within that same 48 hour period (documented by email) You will be charged the Rental Charges for the Rental Period as booked;
12.3 If more than 5 days before the rental the total of 80% will be refunded to you. the difference will be used to cover our admin costs.
13 Accidents or breakdowns
13.1 We are not responsible for:
(a) Damage as a result of the use of the incorrect fuel type, including the use of E10;
(b) a at battery because the lights or entertainment systems have been left on;
(c) tyre replacement nor punctures (unless proved tyre had were below the roadworthy level);
(d) lost keys; or
13.2 If You or an Authorised Rider has an Accident or if the Vehicle is stolen You must report the accident or theft to us within 24 hours of it occurring and fully complete an Accident/Theft report form.
13.3 If the Vehicle is stolen or if You or an Authorised Rider of the Vehicle has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the accident without exchanging names and addresses; or
(c) The other party appears to be under the influence of drugs or alcohol, You or the Authorised Rider must also report the theft or accident to the Police.
13.4 If You or an Authorised Rider has an Accident You and the Authorised Rider must:
(a) exchange names and addresses with the other Driver;
(b) obtain the names, addresses and phone numbers of all witnesses;
(c) not make any admission of fault or promise to pay the other parties claim or release the other party from any liability;
(d) forward all third party correspondence or court documents to Us within seven days of receipt; and
(e) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal transactions which may be initiated against You or Us as a result of an Accident, including attending Our lawyers office or any Court hearing.
13.5 Failing to collect the third parties’ details – even if you are not at fault – will incur in the loss of your security deposit, this being used to cover all expenses related to the incident and our admin fees related to the situation;
14 Major Breach of the Rental Contract
14.1 If you or any Authorised Rider:
(a) commit a Major Breach of the Rental Contract in a way that causes damage, theft of the Vehicle or Third Party Loss; or
(b) drive the Vehicle in a reckless manner so that there is a substantial breach of road safety legislation, You and any Authorised Rider:
(i) have no Damage Cover;
(ii) are liable for all damage, theft of the Vehicle and Third Party Loss; and
(iii) are responsible for and must pay any additional costs or expenses We incur as direct consequence thereof.
14.2 Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of clause 13.1 has occurred.
14.3 disrespect any of the servicing and maintenance rules or other appointments clause.
14.4 Want to return before the minimum time length agreed.
14.5 Extra charges will be applied as state on each section and We also are entitled to charge an admin fee that vary depending on the vehicle, costing up to the amount paid for the security deposit.
15 Other general provisions
We may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the Vehicle to be tracked or located. By hiring a Vehicle from Us You expressly consent to Us using a GPS Device on the Vehicle during the Rental Period and collecting, using and retaining information from the GPS Device.
17 Definitions
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another object; or
(b) a weather event, including hail Damage that results in Damage or Third Party loss. Authorised Rider means any driver or rider of the Vehicle who is approved by Us and who is recorded on the Rental Agreement before the start of the rental. Damage means: (a) any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) Loss of Use, and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes.
Damage or Third Party Loss or the Vehicle has been stolen.
End of the Rental means the last day of the notice period in clause 11.1, the date shown in clause 16, or the date and time the Vehicle is returned to Us, whichever is the later. GPS Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities.
Loss of Use means Our loss calculated daily at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an accident or it has been stolen.
Major Breach means a breach of any of clauses 3.1 to 3.6 (inclusive), 4 (all parts), 5 (all parts), 6.13 or 6.16 that causes damage, theft of the Vehicle or Third Party Loss or 13.2 or 13.3 that prevents Us from properly investigating an Accident or theft claim.
Off-Road means any area that is not a sealed road or an Unsealed Road and includes but is not limited to unformed roads, re trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, floodwaters, sand, deserts, rocks, elds and paddocks.
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Location means the location from which the Vehicle was rented, as shown on the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Security Bond means the amount help upon rental of $2500 up to $5000.00 We collect from You at the Start of the Rental as security for the Damage Excess and Rental Charges and other fees and charges incurred during Your rental.
Start of the Rental means the date and time that the rental commences, as shown in the Rental Agreement.
Third-Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Underbody Damage means any damage to the Vehicle caused by an impact to the underside of the Vehicle by an impact with the road or any obstruction that does not arise as a result of an impact with another vehicle. Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components, tools, gear and accessories.
We, Us, Our, means Give It A Gas ABN 31834465944 You, Your means the person, whether it is an individual or company that rents the Vehicle from Us and whose name is shown in the Rental Agreements.
Need help?
Contact us at [email protected] for questions related to the rental agreement and policy