When You rent a Bike from Us the contract (Rental Contract) You have with Us consists of:
a) the agreement (Rental Agreement) You have signed to rent the Bike from Us;
b) these rental Terms and Conditions (Terms and Conditions); and
c) the Direct Debit Agreement.
The Rental Contract permits use of the Bike for private and some commercial purposes, including for food delivery.
The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.
a) The laws of the state of Queensland 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 or State legislation.
Safety is Our principal concern, and if in Our sole opinion You do not have the skill or competence to ride the Bike safely, We may decline the rental. If that should occur, any prepaid charges will be refunded in full.
At the Start of the Rental We will conduct a short induction to make sure You are familiar with the handling of the Bike and its controls. This may require You to ride the Bike for a short test drive so that We are satisfied You have the competence to safely ride the Bike during the Rental Period.
You acknowledge that any opinion of your riding skills formed by us is totally subjective and by execution hereof you agree that you cannot at some later time allege that a lack of riding skills on your part is a basis to later assert that we should not have permitted you to rent the Bike and that we are accordingly liable for any loss or damage sustained by you or any third party whether foreseeable or otherwise or that your lack of riding skills is a justification on any basis which would enable you to avoid your liability for payment of any money due pursuant to the terms of the Rental Contract.
A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 15 for further details.
Only You or an Authorised Rider can drive the Bike. It is a Major Breach of the Rental Contract if You or an Authorised Rider let anyone who is unauthorised drive the Bike. If there is a Major Breach of the Rental Contract there is no cover for You or the unauthorised Rider for any Damage, theft of the Bike or Third-Party Loss.
We set minimum and maximum age limits for those renting Our Bikes. You and any Authorised Rider must be at least 18 and not over 75 years of age and have no less than 12 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.
The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.
a) You and any Authorised Rider must also have a valid licence to drive the Bike and which is issued in an Australian state or territory or an international licence (with an approved translation into English or an International Driving Permit if it is not issued in English) and the licence must not be subject to any restriction or condition. Learner drivers with a valid learner's permit issued by an Australian state or territory authority may also drive the Bike.
b) The Bike must not be driven if Your licence or the licence of any Authorised Rider has been cancelled within 2 years of the date of the Rental Agreement.
c) The Bike must never be driven by You or an Authorised Rider who has provided a false or misleading name, age, address or driver's licence.
A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 15 for further details.
The Bike must not be driven by You or any Authorised Rider:
a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
b) recklessly or dangerously; or
c) whilst the Bike is damaged or unsafe.
d) In any manner other than that recommended by the Manufacturer or authorised by law.
You and any Authorised Rider must not use the Bike:
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) for the carriage of illegal drugs or other illegal substances;
e) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
f) in an unsafe or un-roadworthy condition.
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 Bike deliberately or recklessly or allow anyone else to do so;
c) modify the Bike in any way;
d) sell, rent, lease, or dispose of the Bike; or
e) register or claim to be entitled to register any interest in the Bike under the Personal Property Securities Act 2009.
A breach of any part of this clause 5 is a Major Breach of the Rental Contract. See clause 15 for further details.
The Bike must never be driven:
a) on an Unsealed Road; or
b) Off-road.
c) whilst the Bike is damaged or unsafe.
The Bike 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 an authority has issued a warning;
d) any road that is closed; and
e) any road where it would be unsafe to drive the Bike.
The Bike must never be driven or used outside a radius 100km from the Rental Location unless We have given Our prior written permission prior to the Start of the Rental and it is noted on the Rental Agreement.
A breach of any of clauses 6.7, 6.8, or 6.9 is a Major Breach of the Rental Contract. See clause 15 for further details.
At the Start of the Rental and before collecting the Bike You must:
a) inspect it to make sure that any pre-existing damage is noted and shown in the Rental Agreement;
b) sign the Direct Debit Authority; and
c) pay the Security Bond of $200.
All moneys owed to Us under the Rental Contract, including the Rental Charges, must be paid:
a) on a weekly basis no less than seven (7) days in advance; and
b) pursuant to the Direct Debit Agreement or credit/debit card authority, until the Rental Contract is terminated pursuant to clause 9.2.
Special Notice: If any payment is not met by the due date or there is a default of three (3) days or more, We may repossess the Bike.
The Security Bond will be retained by Us as a security for the performance of Your obligations and liabilities under the Rental Contract and is fully refundable to You provided that:
a) all amounts due to Us under the Rental Contract have been paid;
b) the Bike has been returned to the Rental Location at the date and time set in the Rental Agreement;
c) there is no Damage to the Bike or Third Party Loss;
d) the exterior of the Bike is clean (subject to fair wear and tear); and
d) there has not been a Major Breach of the Rental Contract.
We reserve the right to retain all or part of the Bond if these conditions are not met.
At the End of Rental, You must:
a) return the Bike in a reasonable state of cleanliness and 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 (if any);
c) pay the Damage Excess if there is Damage or Third-Party Loss as a result of an Accident or the Bike has been stolen;
d) pay any costs We incur, including extra cleaning costs under clause 6.4(a), in reinstating the Bike to the same condition it was at the Start of the Rental, fair wear and tear excepted; and
e) pay for:
(i) all Damage arising from a Major Breach of the Rental Contract; and
(ii) any Damage caused by the immersion of the Bike in water.
You must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Bike or release of the Bike if it has been seized by a regulatory authority.
If We receive fines or infringements for the Bike, We will nominate You as the responsible driver and We will charge You a fee of $25 for each nomination. If We are required to pay for any fines or infringements incurred by You during the Rental Period, We will charge You an Administration Fee for all such payments as well as charging You for the fine or infringement.
You and any Authorised Rider must make sure that the Bike is locked when not in use or unattended and the keys must be kept in Your possession, or that of any Authorised Rider, at all times.
You and any Authorised Rider must take reasonable care of the Bike by:
a) preventing it from being damaged;
b) making sure that it is protected from the weather;
c) using the correct fuel type and E10 fuel must not be used in the Bike; and
d) making sure it is not overloaded.
If the Bike develops a fault during the Rental Period:
a) You must inform Us immediately:
b) You must not drive the Bike unless We have authorised You to do so; and
c) You must not let anyone else repair or work on the Bike or tow or salvage of it without Our prior written authority to do so.
You and any Authorised Rider must take reasonable care of the Bike by:
a) preventing it from being damaged;
b) making sure that it is protected from the weather;
c) using the correct fuel type and E10 fuel must not be used in the Bike; and
d) making sure it is not overloaded.
If the Bike develops a fault during the Rental Period:
a) You must inform Us immediately:
b) You must not drive the Bike unless We have authorised You to do so; and
c) You must not let anyone else repair or work on the Bike or tow or salvage of it without Our prior written authority to do so.
a) The minimum Rental Period is 14 days and commences at the date and time shown in the Rental Agreement.
b) The Rental Charges continue on a weekly basis until the Rental Contract is terminated pursuant to clause 9.2 and the Bike is returned to Us.
c) You must return the Bike at the End of the Rental and if You fail to do so:
(i) a late fee of $30 will be charged; and
(ii) a new rental week will automatically commence, and You must continue to pay the ongoing Rental Charges on a weekly basis until the Bike is returned to Us.
If You fail to return the Bike at the End of the Rental Period and if the location of the Bike is known, We may recover it by lawful means or if its location is unknown, after making reasonable attempts to contact You, We will report the Bike as stolen to the Police.
a) At the End of Rental, You must also pay for all amounts owing to us. Any money owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of Rental.
b) Any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If any amount is due to Us or remains unpaid You authorise Us to debit that amount from the Security Bond.
You authorise Us to:
a) Obtain from a Credit Reporting Agency a Credit Report as to your credit worthiness and personal particulars from time to time as we in our sole discretion determine;
b) If You default in the payment of any moneys owed to Us under the Rental Contract, provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You
c) You agree that Your 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 file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
By execution hereof You and the Authorised Rider authorises and directs US and any servants or agents of US to enter upon any property controlled by You or the Authorised Rider or where You the authorised Rider stores any of its property (real or personal) including residential property and to seize any the Bike or any other property or chattels of Ours to which we are entitled by reason of the terms of this Rental Contract
At extra cost, You may also hire accessories such as helmets, jackets, gloves, and insulated bags.
You will be charged the replacement cost if any of the accessories are missing or not returned in the same condition at the start or Rental subject to fair wear and tear.
a) 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, You are liable for the Rental Charges for the Rental Period as booked unless We are able to rent the Bike to another renter for an equivalent term and rate.
b) The $50 booking fee is non-refundable for all cancellations.
Either party may terminate the Rental Contract by giving not less than two (2) days' prior written notice to the other party. If You give that notice to Us or We give that notice to You, You must return the Bike to Us within 48 hours of the receipt of that notice.
A breach of clauses 10.4(c) or 10.4(d) is a Major Breach of the Rental Contract. See clause 15 for further details.
We will provide You with a Bike that is of acceptable quality and in good working order.
If the Bike breaks down during the Rental Period We will recover and repair the Bike as soon as possible. If the Bike cannot be repaired, We will use Our best endeavors to provide a replacement Bike where one is available.
Subject to the Australian Consumer Law, We are not responsible for any economic or consequential loss You may suffer if the Bike breaks down.
a) It is Our responsibility to keep the Bike regularly serviced. A sticker is placed either under the seat or on the side panel of the Bike showing the odometer reading in kilometres for the next scheduled service. Prior to reaching that kilometre limit You must contact Us to arrange a mutually convenient time and date for the service to be performed.
b) We will pay for the service, parts, tyres and any other issues with the Bike providing that these issues were not caused by You or any Authorised Rider.
c) You must maintain the engine oil and tyre pressures of the Bike and You must check these no less than on a weekly basis.
d) A failure to have the Bike serviced when it has reached the kilometre limit shown on the sticker under the Bike's seat is a Major Breach of the Rental Contract meaning there is no Damage Cover, and You will then be responsible for all Damage and Third-Party Loss.
Damage Cover for Third Party Loss is included in the Rental Charges but there is no Damage Cover for Damage to the Bike or if it is lost or stolen and not recovered. You should therefore make Your own insurance arrangements that provide You with cover for:
a) Damage;
b) loss of the Bike as a result of theft; and
c) Third Party Loss.
If You have not made Your own insurance arrangements or Your insurer refuses to accept Your claim:
a) if there is any Damage to the Bike that is repairable You must pay the full Damage cost;
b) if the Damage to the Bike is so substantial that it is not repairable or it is lost or stolen and not recovered You must pay for the replacement cost of the Bike; and
c) if there is any Damage to the Bike however it has been caused You will forfeit the Security Bond which will be applied to the Damage or replacement cost.
d) You agree that if the Bike needs to be replaced, then the costs of the replacement bike will be the retail cost including but not limited to all on road costs of the current model of the Bike.
If You have not made Your own insurance arrangements or Your insurer refuses to accept Your claim:
a) if there is Third Party Loss arising from an Accident You must pay the Damage Excess set out in the Rental Agreement; and
b) payment of the Damage Excess under clause 11.3(a), is additional to Your obligations under clause 11.2 to pay for the repair or replacement cost of the Bike if there is Damage to it or it is stolen.
a) You must pay:
(i) for Damage to the Bike; and
(ii) the Damage Excess if there is Third Party Loss, upon
b) In Our sole discretion We may excuse payment for Damage under clause 11.2 and payment of the Damage Excess under clause 11.3(a), but only if:
(i) We agree You were not at fault;
(ii) the other party is insured; and
(iii) the other party’s insurance company accepts liability and agrees to pay Our Damage claim in full.
a) We will refund any amount paid for Damage to the Bike or the Damage Excess paid for Third Party Loss as soon as practicable:
(i) in full, if We recover the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss;
(ii) in part, if the repair cost to the Bike is less than the amount You have paid;
(iii) in part, if a claim for Third Party Loss is rejected or defended for an amount less than the Damage Excess; or
(iv) on a pro rata basis if We recover only a proportion of any amount, We have claimed against a Third Party for Damage.
b) In making a refund We may take into account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party Loss.
Compulsory Third-Party Insurance is included in the Rental Charges and provides insurance cover for injury to third parties caused by the Bike. The scheme is administered by the Motor Accident Insurance Commission and for a full understanding of the scope of this insurance cover You should access the Commission's website at www.maic.qld.gov.au
There is no Damage Cover, and You and any Authorised Rider are liable for:
a) Damage to, or theft of, the Bike however it is caused;
b) Third Party Loss arising from:
c) wheel or tyre damage, including puncture repair; and
d) loss or damage to goods or property carried in or on the Bike whether owned by You or a Third Party and You agree to fully indemnify Us for any claims for Third Party Loss for such items that occurs during the Rental Period.
There is no Damage Cover for personal items that are left with or stolen from the Bike or for loss or damage to property belonging to or in the custody of:
a) You;
b) any third party;
c) any relative, friend or associate of an Authorised Rider, or
d) any passenger.
The Bike is registered with Linkt for use on toll roads.
All toll charges will be deducted from Your nominated Bank Account within a reasonable time after We receive a toll charge or notice from the toll road operator and prior to refund of the Security Bond.
A breach of any part of this clause 14 is a Major Breach of the Rental Contract. See clause 15 for further details.
If You or an Authorised Rider has an Accident or if the Bike 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.
If the Bike is stolen or if You or an Authorised Rider of the Bike 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;
d) there is apparent damage to the bike of over $1,000.00
Authorised Rider must also report the theft or Accident to the Police.
If You or an Authorised Rider has an Accident You and the Authorised Rider must:
a) exchange names and addresses and email addresses with the other driver;
b) take as many photos as is reasonable showing:
(i) the position of the Bike and all other vehicles before they are moved for towing or salvage;
(ii) the Damage to the Bike;
(iii) the damage to any third-party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
c) obtain the names, addresses and phone numbers of all witnesses;
d) not make any admission of fault or promise to pay the other party's claim or release the other party from any liability;
e) forward all third-party correspondence or court documents to Us within 7 days of receipt; and
f) co-operate with Us:
(i) in the prosecution of any legal proceedings, We may institute; and
(ii) in the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
A) Our lawyer's office; and
B) any Court hearing.
If You or any Authorised Rider:
a) commit a Major Breach of the Rental Contract, or damage the Bike, or causes loss to a Third-Party or losses possession of the Bike (whether it is stolen or otherwise); or
b) drive the Bike in a reckless manner in breach of road safety legislation,You and any Authorised Rider have no Damage Cover and are liable for all Damage, theft of the Bike and Third-Party Loss.
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Bike if a breach of any part of clause 15.1 has occurred.
We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
When We collect Your personal information, We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us, We may not be able to provide those rental services to You.
We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification, or disclosure.
A GPS Tracking Device is fitted to the Bike to enable Us to track and monitor the Bike when it is out of Our possession. It has electronic tracking capabilities to determine its location and other functionality including remote disabling (which We will operate only when it is safe to do so). When You sign the Rental Agreement, You are authorising Us to use the GPS Tracking Device to track and monitor the Bike until it is returned to Us.
Accident means an unintended and unforeseen incident, including:
a) a collision between the Bike and a vehicle or other object;
b) a single vehicle accident, where no other vehicle or object is involved, including dropping the Bike or failing to park it correctly; or
c) a weather event, including hail or cyclone Damage, that results in Damage or Third-Party Loss.
Damage means:
a) any damage to the Bike 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 lights, mirrors, seat or tyres that makes the Bike unroadworthy is not fair wear and tear.
Damage Cover means the cover for Third Party Loss as set out in clause 11 and subject to the Damage Cover Exclusions set out in clause 12.
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 Bike has been stolen.
Direct Debit Agreement means the separate Agreement between You and Us pursuant to which the Rental Charges are automatically debited from Your cheque or savings account. You agree we may change the supplier of Direct Debit services at our sole discretion from time to time.
End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.
Authorised Rider means any driver of the Bike who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
GPS Tracking Device means a GPS or other device that is fitted to the Bike that has electronic tracking capabilities to determine its location and other functionality including recording and playback, messaging and remote disabling (which will operate only when it is safe to do so).
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Bike 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 (all parts),4 (all parts), 5 (all parts), 6.7, 6.8, 6.9, 10.4(c) or 10.4(d) that causes Damage, theft of the Bike or Third-Party Loss or clause 14 that prevents Us from thoroughly investigating a claim for an Accident or theft.
Off Road means any area that is not a sealed road or an unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Rental Charges means the charges payable for renting the Bike 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 You rented the Bike.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of Rental.
Security Bond means the amount We collect from You at the Start of the Rental as security for the Damage, 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.
Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen, or concrete.
Bike means the Bike, Scooter, Motorcycle or Bicycle described in the Rental Agreement and includes its parts, components, tools and accessories, including the helmet where this is rented.
We, Us, Our, means Nibble Subscriptions Pty Ltd t/as Nibble Bikes ABN 63 613 493 244.
You, Your means the person, whether it is an individual, a firm or company that rents the Bike from Us and whose name is shown in the Rental Agreement.
(a) Any legal costs, stamp duties or any other expenses whatsoever incurred by a Party in respect of or arising out of a breach of the terms of this Agreement by another Party or in respect of any agreements, guarantees, securities or other documentation entered into between the Parties and all other costs reasonably incurred by a Party in consequence of or arising out of a breach of the terms of this Agreement by the other Party and any other expense incurred in respect thereof together with any collection costs, dishonoured cheque fees and legal costs (on an indemnity basis, whether charged on scale or on any other basis) shall be paid by the other Party on demand.
(b) For the sake of clarity any debt collection costs (including but not limited to commissions, fees and all outlays howsoever calculated), and/or legal costs (calculated on a complete indemnity basis and including but not limited to fees, outlays and counsel’s and experts fees) and/or any Insolvency related expense including anything arising out of the insolvency of the defaulting Party incurred by a Party as a result of any Parties failure to pay any amounts due or any other breach of this Agreement can be recovered by non-defaulting Party from the defaulting Party and is deemed to be a debt or liquidated demand.
A Certificate in writing signed by Us (or any other person authorised by US) stating the amount of money due and payable by You to Us shall be deemed absolutely and without challenge to be the amount payable by You to Us and You shall not dispute the same.
The parties agree to the use of the Electronic Transactions (Queensland) Act 2001 which provides for the use of digital signatures, and warrant that the following conditions are met:
a) the signature identifies a person and indicates their intention (e.g. providing approval via an email)
b) the signature is appropriate (reliable) for its purpose (noting that digital signatures offer greater security than digitised signatures)
c) the person receiving the document consents to receiving a signature in electronic form.
