1. This is an agreement between the Rider (and if applicable, the Second Rider) on the one hand, and the Western Australia Motor Cycle Holidays - York ("W.A.M.C.H.Y") on the other, to rent the motor cycle ("the Motor Cycle") described on the Booking Form including all its accessories, tools, tyres and equipment as well as any replacement motor cycle.   If only details for the Rider have been provided in the Booking Form, then the Rider is the only other party to this agreement.   If the details of a Second Rider have been provided in the Booking Form, then both the Rider and the Second Rider are the other party to this agreement and the term "You" refers to both the Rider and the Second Rider jointly and severally.

  2. You are aware that motorcycling can be dangerous and that traffic conditions, road, weather and other circumstances as well as the actions of other road users can influence the risks involved and you accept those risks.   You are aware that riding a motor cycle on a W.A.M.C.H.Y holiday does not affect your sole responsibility for keeping the motorcycle under control, selecting the proper speed and complying with daily oil and tyre pressure checks.   You warrant that you are experienced, responsible and healthy motorcyclist with a valid motorcycle rider's licence and have held a full motor cycle licence for at least 2 years and without any restrictions placed on such and that you possess the skills and knowledge required to operate a heavy motorcycle.

  3. You warrant that you are over the age of 25 years and under the age of 70 years and agree that any passengers must be over the age of 16 years and have the appropriate parental consent.

  4. You shall pay a reservation deposit of 20% to secure the booking, once dates have been confirmed which shall be paid for with a valid credit card.   10 weeks prior to the start of your holiday, you will be sent a reminder that the balance of the payment is due.   This payment must be made 8 weeks prior to the commencement of the holiday.  Any bookings made 8 weeks or less from the start date of the holiday must be paid in full at the time of booking.

  5. When collecting your motorcycle, you will pay AU $500 as a security deposit which can be paid with a valid credit card, cash, or direct bank transfer at that time with the Excess Amount.   This deposit is fully refundable at the end of the holiday, provided that the motorcycle is returned without any damage.   W.A.M.C.H.Y accepts Paypal (credit cards, bank transfers), Bankers drafts (in AU Dollars) or direct bank transfers to our bank, particulars of which are included in the Booking Form.

  6. You are covered for third party property damage and third party personal injury as stated in these terms and conditions below.   However, you are not covered for the loss of or any damage to the motor cycle that occurs whilst you are renting it.   You are liable for any loss or damage to the Motor Cycle, however it occurs but only up to the Excess Amount stated in the Booking Form provided that you pay the Daily Excess Charge referred to in the Booking Form unless the loss or damage occurs in the circumstances referred to in clause 10(c) of this agreement where you are liable for the whole of the loss or damage.

  7. You acknowledge the Motor Cycle is delivered to You in good operating condition with seal of the odometer unbroken. You agree to return the Motor Cycle to W.A.M.C.H.Y premises in York in the same condition (except for ordinary wear and tear not including windscreen and tyre damage) together with its accessories and equipment on the date specified in the Booking Form (or sooner, if demanded by W.A.M.C.H.Y).   The Company may take possession of the Motor Cycle without prior demand to You and at your expense if there has been a breach of any terms or conditions of this agreement or if the Motor Cycle is illegally parked, used in violation of the law or is apparently abandoned.

  8. The following persons must not ride the Motor Cycle:

        a)

    A person who is not identified on the Booking Form as either the Rider or Second Rider

        b)

    A person who is not licensed to ride the Motor Cycle 

        c)

    A person whose blood alcohol concentration exceeds the lawful percentage whilst riding the Motor Cycle.

        d)

    A person who is riding the Motor Cycle whilst under the influence of a drug.

        e)

    A person who has given or for whom You have given a false name, age, address or driver's licence details.

        f)

    A person whose driver's licence has been cancelled, endorsed or suspended within the last three years.

        g)

    A person who has held a driver's licence for any class of Motor Cycle for less than two years.

        h)

    A person who uses or intends to use the Motor Cycle for an illegal purpose. 

  9. The Motor Cycle must not be used:

        a)

    In any area outside the state of Western Australia or on any gravel road

        b)

    For the carriage of any persons for hire or the carriage of any inflammable, explosive or corrosive materials;

        c)

    For pushing or towing of any Vehicle, trailer, boat or other object;

        d)

    For the carriage of any greater load and/or for a purpose for which the Motor Cycle was not designed and constructed;

        e)

    For the carriage of any animal;

        f)

    For racing, pacemaking, reliability trials, hill climbing or being tested in preparation for those activities

        g)

    In a dangerous manner; and

        h)

    In contravention of any legislation or regulation controlling vehicular traffic. 

  10. The Rider and Second Rider are jointly and severally liable for compliance with the terms and conditions of this agreement.   By entering into this agreement You are responsible for and irrevocably authorize W.A.M.C.H.Y to debit the credit card referred to in the Booking Form or any other credit card provided (and You will pay W.A.M.C.H.Y on demand any balance) all charges herein including the following charges

        a)

    The rental charges specified in the Booking Form.

        b)

    All charges claimed by W.A.M.C.H.Y relating to the Motor Cycle in respect of parking and/or any other traffic violations incurred during the period of hire or until such later time as the Motor Cycle is returned to W.A.M.C.H.Y.

        c) All loss or damage to the Motor Cycle (including the loss or use of that Motor Cycle), legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and company service charges where:

        i)

    Any item or condition of this agreement has been breached;

        ii) You have left the Motor Cycle unlocked or left the keys in the Motor Cycle;
        iii) You have failed to keep the key secure and under your personal control;
        iv) The underbody of the Motor Cycle is damaged regardless of cause except where there is a collision with another Motor Cycle;
        v) The Motor Cycle is totally or partially immersed in water regardless of the cause;
        vi) The tyres of the Motor Cycle are damaged other than by normal wear and tear;
        vii) You have failed to maintain all fluid and fuel levels of the Motor Cycle or failed to immediately rectify or report to the Company any defect in the Motor Cycle of which you have become aware;
        viii) The Motor Cycle is damaged by loading or unloading, normal wear and tear excepted; and

        ix)

    		 The Motor Cycle is stolen or used unlawfully by another person.

    If you have paid for the hire of the Motor Cycle by use of credit card or directed W.A.M.C.H.Y to bill charges to some other person, corporation, firm or organization who or which fails to make payment when called up by W.A.M.C.H.Y, You hereby irrevocably accept that You are liable and will immediately pay the full amount due to the Company on demand.

  11. Provided You act within the terms and conditions of this agreement, W.A.M.C.H.Y will grant cover to You in respect of damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control.   This cover is also subject to;

        a)

    You not having breached any terms and conditions of this agreement;

        b) You not being covered under any policy of insurance;
        c) You providing such information and assistance as may be requested by W.A.M.C.H.Y or anyone acting on behalf of W.A.M.C.H.Y; and

        d)

    		 If cover is provided then W.A.M.C.H.Y, or its insurer, may bring, defend or settle any legal proceedings in its/their sole discretion and W.A.M.C.H.Y shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in Your name.

  12. The Rider of the Motor Cycle is covered for personal injury to third parties cause by the negligence of the Rider to third parties (including the Passenger) whilst riding the Motor Cycle as part of motor vehicle registration fees in Western Australia.   This insurance does not cover the Rider for their own injuries and does not cover the Passenger where the Rider is not negligent.


  13.     a)

    		 If there is any incident involving loss or damage to the Motor Cycle or involving the Motor Cycle while rented under this agreement, You shall promptly report such incident to W.A.M.C.H.Y as well as delivering to W.A.M.C.H.Y immediately upon receipt by You, every summons, complaint or paper in relation to such incident involving such loss or damage.   You must also report all incidents to the police or other proper authority;
        b) You irrevocably release and hold harmless W.A.M.C.H.Y (and it's agents and employees) from all claims for loss or damage to your personal property, or that of any other person's property left in the Motor Cycle, or which is received, handled or stored by W.A.M.C.H.Y at any time before, during or after the rental period;
        c) You acknowledge that W.A.M.C.H.Y relies on the truth of Your representations in this agreement;
        d) You will not refuse or fail to take any blood analysis or breath test requested by Police;
        e) Except as provided by law, no rider or passenger on the Motor Cycle be or deemed to be the agent, servant or employee of W.A.M.C.H.Y in any manner for any purpose whatsoever;

        f)

    		  W.A.M.C.H.Y gives no express warranty in relation to the Motor Cycle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974.   Where W.A.M.C.H.Y is permitted to limit it's liability under those statutes for breach of an implied condition or warranty W.A.M.C.H.Y limits its liability to replacement, repair or re-supply of the Motor Cycle.   All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety.   W.A.M.C.H.Y is not liable to You for any indirect, special, incidental or consequential damages relating to this Agreement;
        g) No right of W.A.M.C.H.Y under this agreement can be waived except by writing of an authorised officer of W.A.M.C.H.Y;
        h) Words used in this Agreement to denote any gender shall include all genders, singular words including the plural;
        i) You acknowledge that Your interest in the Motor Cycle is as a bailee of W.A.M.C.H.Y only and that You agree not to part with possession, dispose of, encumber or assign any right or interest in the Motor Cycle and not create any lien on the Motor Cycle for repairs;
        j) You agree to indemnify W.A.M.C.H.Y from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by W.A.M.C.H.Y as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this agreement;
        k) You acknowledge that W.A.M.C.H.Y has not in any way represented itself to You as an entity carrying on the business of insurance;
        l) You must not at any time admit liability for any claim, loss or demand and agree that if such admission is made by You then that is a breach if this agreement.

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