NZ Motorbikes Ltd Terms and Conditions Last updated 10 December 2018 Subject to Change 1 1. Hire Description NZ Motorbikes Ltd (NZ Motorbikes) will let and the Hirer will rent the Motorbike described on the rental agreement. 2. Rental Duration Hire periods are calculated in 24-hour periods from the commencement time and date booked. 3. Payment While making a booking a NZD$9 booking fee will apply to the Hirer’s booking request. A deposit of 25% will be debited from the Hirers registered credit card. The Hirer shall pay to NZ Motorbikes the remaining amount plus a 3% credit card fee (if applicable), 40 days prior to the collection of the Motorbike, as specified on the NZ Motorbikes booking confirmation. The Hirer shall pay for all petrol or oil used in the Motorbike during the period of hire. The Hirer shall be liable for the insurance excess and insurance exclusions as set out in Clause 15 and 16. For Rental periods of less than 5 days: The Hirer shall pay for any extra kilometres over the 300km’s included per day at 30c per km. 4. Motorbike Collection and Return Agreement NZ Motorbikes operates branches in Auckland and Christchurch. The Hirer must adhere to collection and return date, place and time as stated on the rental agreement. A change in destination is subject to availability. If you plan to pick up your motorbike in Auckland and drop off in Christchurch, or vice-versa, an additional NZD$450.00 one-way drop-off fee is payable. All Motorbikes must be collected and returned to a NZ Motorbikes branch. NZ Motorbikes does not accept any Motorbike collection and return after 3.00pm unless an after-hours collection or return has been prearranged. This will incur a NZD$80 fee. A breach of contract relating to collection or return date and location will incur a NZD$1000 penalty fee plus all related costs. Late collection or early return of the Motorbike does not entitle the Hirer to any refund of the unused portion of the rental. The Hirer will return the Motorbike; - with a full fuel tank; and - in a reasonable clean condition The Hirer will return any Accessories; - in reasonable clean condition 5. Branch Hours Monday to Sunday: 8am to 4pm Public Holidays: 8am to 4pm Branches are closed Christmas Day (25th December) and New Year’s Day (1st January). NZD$80 surcharge will apply to all Motorbikes collected or returned on National Public Holidays. For further information, please visit the following website: http://publicholiday.co.nz 6. Age Restriction The Riders minimum age is 25 years and must hold a valid motorcycle licence suitable for the motorbike being hired. 7. Drivers Licence A full resident country driver’s licence must be presented at collection of the Motorbike for each nominated driver. If the licence is not in English, an international driver’s permit is also required, or an accurate translation. 8. Cancellations The following amount will be charged: If cancelled up to 60 days prior to pick up: Deposit. If cancelled from 59 to 30 days prior to pick up: 50% of the hire total. If cancelled 29 to 15 days prior to pick up: 75% of the hire total. If cancelled 14 to 1 days prior to pick up, or a no-show: 100% of hire total. Cancellation of Ferry bookings: NZD$50. 9. Rental Period Extension A hire extension is subject to availability and authorisation by NZ Motorbikes. Any costs associated with the extension will be disclosed prior to confirmation and charged during hire or upon drop off. NZ Motorbikes Ltd Terms and Conditions Last updated 10 December 2018 Subject to Change 2 10. Use of the Motorbike The Hirer agrees that during the rental period, the Hirer will not allow the Motorbike to be: (a) driven otherwise than in a prudent and cautious manner. (b) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law. (c) damaged by: submersion in water, contact with salt water, creek or river crossing, driving through flooded areas, beach driving. (d) used for any illegal purpose or in any race, rally or contest. (e) used to carry passengers or property for hire or reward. (f) used to carry more persons than is permitted by any relevant authority. (g) used for transporting and haulage of goods other than what might be reasonably expected of a leisure rental. (h) driven over speed limit: 100km/per hour 11. Restricted Roads NZ Motorbikes motorcycles may only be driven on well-maintained roads. Motorbikes are not permitted to be driven on: Any beaches, Skippers Road (Queenstown), Ball Hutt Road (Mt Cook), Ninety Mile Beach (Northland), Bluff Road that runs between Kuaotunu and Matarangi and North of Colville Township (Coromandel Peninsula). 12. Immediate Return of Motorbike (where Default or Damage) NZ Motorbikes shall have the right to terminate the hire and take immediate possession of the Motorbike, if the Hirer fails to comply with any terms of this agreement, or if the Motorbike is damaged due to the breach of clause 10 and clause 16. The termination of the hire under the authority of this clause shall be without prejudice to the rights of the owner and the other rights of the Hirer under this agreement or otherwise. In the event of such termination or repossession, the Hirer has no right to a refund of any part of the rental charges. 13. Maintenance and Repairs The Hirer shall take all reasonable steps to properly maintain the Motorbike. The hirer is authorised to spend up to NZD$100 on any repairs required and must produce a receipt on your return. All refunds are processed post rental after assessing each claim. If the motorbike gets a puncture, a SOS repair kit is supplied, please make the repair and continue with caution to the next town and have the tyre checked and repaired as necessary. For any other repairs relating to the motorbike, the hirer must call NZ Motorbikes within 24 hours to give us the opportunity to rectify the problem. Failing to do so will result in a decline of any refund. 14. 24 Hour Roadside Assistance Our bikes are all extremely well maintained, have low mileage and we do not expect any breakdowns. However, in the event of technical failure or a mechanical breakdown NZ Motorbikes commitment to the Hirer is to address any issues whilst on the road, in a timely fashion. This may mean that you are delayed or diverted on your travels, if you are, this is not our responsibility. NZ Motorbikes liability extends only to the refund of hire charges for any full days of motorbike hire use lost due to a mechanical breakdown. No responsibility for out of pocket expenses, including accommodation charges or meals resulting from a breakdown or accident will be accepted. All motorbikes are registered with the Automobile Association (AA) for 24hour roadside assistance. If you have a break-down, please call the AA freephone 0800 734 543 directly and quote the vehicle registration number. This service covers any mechanical faults with the Motorbike. Please note that the AA does not cover the following and the associated costs will be the responsibility of the Hirer: a) Incorrectly Fuelled b) Fuel Delivery c) Flat Tyre d) Flat Battery e) Lost Keys (All AA non-mechanical call-outs will incur a call- out charge of NZ$90-165). NZ Motorbikes Ltd Terms and Conditions Last updated 10 December 2018 Subject to Change 3 15. Motorbike Insurance Full comprehensive motorbike insurance is included in your rental hire shown on the rental agreement and the booking confirmation. The standard liability excess is NZD$3000. It covers you for motorbike damages and third-party damages, loss and theft of the bike or accessories. You are liable for all costs up to $3000.00 with this cover. Puncture repair or tyre replacement are the responsibility of the hirer. The reduced liability excess is NZD$400 (reduced by paying NZD$35 per day ). It covers you for motorbike damages and third-party damages, loss and theft of the bike or accessories. You are liable for all costs up to $400.00 with this cover. This option includes one tyre puncture repair or replacement. The liability excess applies to each claim, not the rental period. The liability excess is applicable regardless of who is at fault and must be paid at the time the incident is reported , not at the completion of the rental. Where a third party is involved the Motorbike liability excess will be refunded only if NZ Motorbikes is successful in recovering the cost of the damages from the third party. Please note that third party claims can take many months to resolve. Accessories and value: - Tom Tom GPS NZD$649.00 - BMW Navigator 6 NZD$1499.00 - BMW Side Pannier (700/800) NZD$730.00 each - BMW Side Pannier (1200) NZD$890.00 each - BMW Top Box (700/800) NZD$770.00 - BMW Top Box (1200) NZD$960.00 - BMW Case Locks NZD$60.00 each - Trekker Side Panniers NZD$450.00 each - Trekker Top Box NZD$480.00 - Givi Tank Bags NZD$150.00 - Givi Side Pannier (Suzuki) NZD$699.00 pair - Givi Top Box (Suzuki) NZD130.00 - Tiedown Straps NZD$25.00 - Luggage Straps NZD$10.00 - Key Fob (Keyless Bikes) $450.00 - Helmets NZD$450.00 - Helmet Visor NZD$150.00 - Armoured Jackets NZD$400.00 - Armoured Pants NZD$300.00 - Gloves NZD$175.00 - Boots NZD$400.00 - Rainsuit NZD$180.00 - 2-Person Tent NZD$150.00 - Camping Mat NZD$125.00 - Sleeping Bag & Liner NZD$200.00 - Cook Set (Gas Cooker, Gas Canister, 3-piece cook set and cutlery) NZD$200.00 16. Insurance Exclusions Damage as identified below is specifically excluded from NZ Motorbikes Insurance cover. The Hirer remains fully liable for all costs incurred. (a) any damage due to Motorbike use in contravention of clause 10 ‘Use of Motorbike’. (b) any loss or damage to personal belongings. (c) if the Hirer is deemed by NZ Motorbikes and/or the local authorities to have been careless, negligent or wilful in failing to abide by the local authority road rules, resulting in damage to the hired Motorbike or third-party Motorbike/property. In an event like this NZ Motorbikes is authorised to charge a min. amount of NZD$5000 from the Hirers registered credit card, until the insurance claim is settled. (d) the cost to retrieve or recover a Motorbike, which has become bogged, submerged, caught, trapped, stuck or restricted in anyway and/or has been abandoned. (e) the cost to replace keys, which have become broken, lost, stolen, or retrieval of keys. (f) drivers not identified on the rental agreement and/or drivers that have a licence that has been cancelled or suspended and/or drivers who have a licence that is classified as a learners’ or probationary licence. (g) any cost associated with the incorrect use of fuel. (h) Tyres, unless reduced liability excess is purchased as per clause 15. (i) Helmet Visors – any damage or scratching to the visor, where it requires replacement incurs a NZD$150.00 fee. NZ Motorbikes Ltd Terms and Conditions Last updated 10 December 2018 Subject to Change 4 17. Procedures in case of accident If the Hirer is involved in a Motorbike accident whilst on hire, the following procedures must be followed: (a) At the scene of accident the customer must: 1. Obtain the names and addresses of third parties and any witnesses. 2. Report the accident to police, (when necessary) regardless of estimated damage costs. 3. Not accept blame or insist the other party is at fault. 4. If possible, photograph damage to all Motorbike(s) and registration number(s) hired. 5. Phone the nearest NZ Motorbikes branch with the accident details within 24 hours. (b) At the Branch: 1. The Hirer must produce their driver’s licence and hand over the police report (if applicable) or police incident number and any supporting photographs. 2. The Hirer is required to pay the liability (if applicable) and any other amount due by them in respect of any damage or loss arising from the accident. This amount is payable at the time of reporting ‘the event’ and not at completion of the rental period. 3. NZ Motorbikes reserves the right to charge the daily rental rate for the period the Motorbike is off fleet for accident repairs when the contract is breached. Please refer to clause 10 and 15 of this agreement. 4. The NZ Motorbikes customer service team will ensure the Motorbike accident report is completed clearly and it is signed by the Hirer. (c) Time frame for settlement of hirer’s liability claims: 1. NZ Motorbikes shall use best endeavours to ensure that any money due back to the Hirer is forwarded as quickly as possible; however, third party claims can take months or even years to resolve. NZ Motorbikes cannot force the destiny of these claims, and the Hirer acknowledges that handling of these claims is up to NZ Motorbikes insurer and the third party, whether they be insured or not. 2. NZ Motorbikes agrees to refund any liability excess applicable within 60 days of receiving final resolution and payment relating to third party claims. 3. For information regarding outstanding claims or Motorbike insurance refunds please contact NZ Motorbikes. 4. The Hirer agrees to provide all reasonable assistance to NZ Motorbikes in handling any claim including providing all relevant information and attending court to give evidence. Important Note: Under no circumstances should the Hirer attempt to start or drive a Motorbike that has been involved in an accident. 18. Handling Procedure of Speeding and Parking Ticket, Toll Road Notices, Infringement Notice, etc. NZ Motorbikes as owner of the Motorbike is liable for all parking and traffic violations. NZ Motorbikes does not query any issue. If the Motorbike was returned and an infringement notice is received by NZ Motorbikes, NZ Motorbikes will charge the outstanding balance to the Hirer’s credit card. NZ Motorbikes will not contact the Hirer prior to or after the charges to his/her credit card but will explain the charges and send copies of the parking and traffic violations if contacted by e-mail or by phone. In circumstances of credit card failure NZ Motorbikes reserves the right to pass details of the Hirer’s home contact to the New Zealand Traffic Authorities. NZ Motorbikes will charge a NZD$25 administration fee for each issued parking or traffic violation and toll road fees. Please note there are a total of 3 toll roads on the North Island. https://www.nzta.govt.nz/roads- and-rail/toll-roads/toll-road-information/where- the-toll-roads-are/ NZ Motorbikes Ltd Terms and Conditions Last updated 10 December 2018 Subject to Change 5 19. Credit Card Authorisation & Security Bond NZ Motorbikes does not request a security bond, however, the Hirer agrees that the registered credit card will be charged to cover damages and incidental items such as (but not limited to): (a) Incurred damage to the Motorbike or any 3 rd party property. Refer to clause 10. (b) Insurance exclusions that have been violated. Refer to clause 16. (c) The Motorbike is not returned to the agreed location at the agreed time. Refer to clause 4. (NZD$1000). (d) The Motorbike is not returned in a reasonable clean condition. Refer to clause 4 (up to NZD$100). (e) The fuel tank is not full. Refer to clause 4 (the cost of the refill plus NZD$20 handling fee). (f) The Accessories are not in a reasonably clean condition. Refer to clause 4 ($50 cleaning fee). (g) Unpaid infringement notices, traffic fines or toll road charges. Refer to clause 18 (total amount of the fine plus a NZD$25 administration fee). (h) Theft or non-return of the motorbike up to the value of bike. _________________________________________ The Hirer agrees to the Terms and Conditions of NZ Motorbikes and acknowledges and declares that he/she has read and fully understands this agreement. ________________________________ Signature of Hirer ________________________________ Signature on behalf of NZ Motorbikes ________________________________ Date