Terms and Conditions
This document is an agreement made between the rental service operator (“MCRNZ”) and the hirer whose particulars are recorded in this agreement (the “hirer”). It is hereby agreed as follows :
Motorcycle description and term of hire
1. MCRNZ will let and the hirer will take the motorcycle, details of which are set out in page 1 of this agreement (the “motorcycle”), for the term of hire as described in this agreement.
Persons who may ride the motorcycle
2. The motorcycle may be ridden during the term of hire only by the persons named or described in this agreement and only if each person is 25 years old or older, holds a current full driver’s licence appropriate for the class of motorcycle in this agreement. The licence details are recorded in the agreement alongside each person’s name and address.
Payments by hirer
3. The hirer shall pay MCRNZ for the hire of the motorcycle the sum or sums specified in this agreement.
4. In addition to the payment specified in clause 3 above, the hirer acknowledges that s/he shall be liable to pay to MCRNZ at the end of the hire period any additional charges specified in the agreement. These may include charges for additional fuel, late return, damage or repair up to the insurance excess amount (see also sections 13, 16 and 17 of this agreement), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees (see clauses 18 through 20 of this agreement) and the administration costs relating to those fines and fees, and toll charges. The charges may be deducted from the hirer’s credit card, or by payment in any other agreed manner, during or after the term of hire is completed.
Use of the motorcycle
5. The hirer shall not:
a) use or allow the motorcycle to be used for the transport of passengers for hire or reward unless the motorcycle is hired with the operator’s knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 (“the Act”).
b) sublet or hire the motorcycle to any other person without the operator’s permission to do so;
c) allow the motorcycle to be used outside his/her authority;
d) operate the motorcycle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 and 58 of the Act;
e) operate the motorcycle or allow it to be operated in any race, speed test, rally or contest;
f) operate the motorcycle, or allow it to be operated in breach of the Act, the Transport Act 1962, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
g) operate the motorcycle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or RUC certificate, whichever is the lesser, for the motorcycle;
h) ride or allow the motorcycle to be ridden by any other person if at the time of riding the motorcycle the rider is younger than 25 years old and/or does not hold a current driver’s licence appropriate for the motorcycle;
i) ride or allow the motorcycle to be ridden on any roads excluded in section 14 (h) of this agreement, or on any beach, driveway or surface likely to damage the motorcycle; or
j) allow the motorcycle to be ridden by any person who is not named or described in this agreement as a person permitted to ride the motorcycle.
6. MCRNZ shall supply the motorcycle in a safe and roadworthy condition, up to current Certificate of Fitness standards.
7. The hirer shall ensure that:
a) all reasonable care is taken when riding and parking the motorcycle;
b) the water in the motorcycle’s radiator and battery are maintained at the proper level;
c) the oil in the motorcycle is maintained at the proper level;
d) the tyres are maintained at their proper pressure;
e) the motorcycle is locked and secure at all times when it is not in use;
f) the distance recorder or speedometer are not interfered with;
g) no part of the engine, transmission, braking or suspension systems are interfered with;
h) should a warning light be illuminated or the hirer believes the motorcycle requires mechanical attention, he/she stops riding and advises MCRNZ immediately.
i) Minor repairs such as punctures and chain adjustment are at the hirer’s own cost.
Mechanical repairs and accidents
8. If the motorcycle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify MCRNZ of the full circumstances immediately. 24/7 AA Roadside Assistance is provided with the motorcycle.
9. The hirer shall not arrange or undertake any repairs or salvage without MCRNZ’s authority except to the extent that repairs or salvage are necessary to prevent further damage to the motorcycle or to other property.
10. If the motorcycle is made un-roadworthy by the hirer through accident no replacement motorcycle will be offered.
Return of motorcycle
11. The hirer shall, at or before the expiry of the term of hire, deliver the motorcycle to MCRNZ or to the MCRNZ’s agent’s place of business as shown on the front of this agreement, or obtain MCRNZ’s consent to the continuation of the hire.
12. The hirer is advised that: Motorcycle insurance must be provided by MCRNZ.
13. Any rider named in this agreement as a person permitted to ride the motorcycle is, subject to clause 14, covered against any loss or damage to the motorcycle, its accessories and spare parts, and for any consequential damage, loss or costs incurred by MCRNZ through salvage or loss of revenue resulting from the hire to the extent set out in clause 13 (a) to 13 (d).
a) The insurance premium is included in the hire charge.
b) The hirer’s liability will be for any loss or damage to the motorcycle, however caused, and for any consequential loss or damage, during the term of this hire, or during any authorised extensions to the term.
c) The excess payable by the hirer is $2500 in the case of damage to the motorcycle, or accidents involving, the motorcycle and one or more other vehicles (“multiple vehicle accidents”).
d) The hirer agrees to pay a bond of $2500 at the start of the hire which will be refunded once the motorcycle has been returned in the same condition it was hired in.
14. The hirer acknowledges that the cover referred to in clause 13 will not apply when:
a) the rider of the motorcycle is under the influence of alcohol or any drug that affects his/her ability to ride the motorcycle;
b) the motorcycle is in an unsafe or un-roadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the hirer or rider was aware or should have been aware of the unsafe or un-roadworthy condition of the motorcycle;
c) the motorcycle is ridden in any race, speed test, rally or contest;
d) the motorcycle is ridden by anyone not named or described in this agreement as a person permitted to ride the motorcycle;
e) the motorcycle is ridden by an unlicensed person;
f) the motorcycle is wilfully or recklessly damaged or lost by the hirer, a nominated rider, or a person under the hirer’s authority;
g) the rider is convicted of a traffic offence while riding the motorcycle;
h) the motorcycle was being driven on any of the following roads: Skippers Canyon and any beaches (including 90 mile beach)
i) the motorcycle was operated outside the terms of this agreement or any agreed extension of this agreement.
15. It is agreed between the hirer and MCRNZ that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.
16. The hirer agrees that if any loss or damage is caused to the motorcycle in any of the circumstances in clause 14, and the hirer allows the circumstance to arise or could reasonably have been expected to prevent it from arising, the hirer will be liable to MCRNZ for any loss or damage to the motorcycle during the term of hire and any extensions to the term, however caused, and for any consequential loss or damage.
Rejection of insurance
17. The hirer accepts that the motorcycle is hired to him/her at his/her own risk in respect of the loss of or damage to the motorcycle and consequential loss by the owner. The hirer accepts that he/she may be liable to the owner for any loss of or damage to the motorcycle and consequential loss.
18. The hirer is advised that Section 9.5(1) of the Land Transport Rule: Operator Licensing 2007 permits MCRNZ to debit the hirer’s credit card for any infringement fee where the offence was committed during the period of hire and was a speeding offence, a toll offence or an offence in respect of failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment, or an offence for parking in any portion of a road in breach of any bylaw of a road controlling authority or an offence against Part 6 the Land Transport (Road User) Rule 2004. MCRNZ may also charge an administration fee of $50 in addition to the traffic offence charge.
19. The hirer is advised that should the operator decide to debit their credit card for an infringement fee, the hirer has the right to:
a) receive a copy of the infringement notice and any reminder notice as soon as practicable after it is received by MCRNZ;
b) challenge, complain about, query or object to the alleged offence to the issuing enforcement authority;
c) seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder
d) dispute the matter with the credit card issuer.
20. By accepting this agreement, the hirer acknowledges notification of the information in clauses 18 and 19.
Cancellation of Hire Agreement
21. The rental service operator or the hirer may cancel the hire agreement if: in the event of an accident the rider/hirer is deemed incompetent no refunds will be given.
22. If the agreement is cancelled the hirer must pay for the salvage of the motorcycle.