RIDER RISK ACKNOWLEDGEMENT & WAIVER

Nettlefold Nominees Pty Ltd trading as Roll Cycles (“Roll Cycles”) advise that riding mountain bikes contains elements of risk, both obvious and inherent. Riding a mountain bike is a dangerous recreational activity.

1. By signing this waiver I acknowledge that:

1.1  the hire and use of a mountain bike from Roll Cycles is a recreational service for the purpose of section 139A of the Australian Competition and Consumer Act (Cth) 2010 and also a recreational activity for the purposes of Section 19 of the Civil Liability Act (2002) TAS;

1.2  The hire and use of mountain bikes from Roll Cycles involves a significant risk of physical harm and may result in injury, loss, damage or death to me;

1.3  Riding of a mountain bike hired from Roll Cycles requires certain skills and experience. I declare that I have sufficient skills and experience to be able to safely and properly ride a mountain bike;

1.4  When riding a mountain bike hired from Roll Cycles there are risks to me as a result of the weather conditions, including either extreme hot or cold weather, rain or wind;

1.5  The additional dangers and risks associated with riding a mountain bike hired from Roll Cycles may include difficult and dangerous terrain, remoteness from normal medical services and communications, and evacuation difficulties in the event of illness or injury;

1.6  I am appropriately experienced in using any mountain bike hired from Roll Cycles and I am in good health and have a good state of fitness.

1.7  I am responsible for ensuring that I have and will wear equipment suitable for safely and properly riding a mountain bike hired from Roll Cycles; and

1.8  I use any mountain bike hired from Roll Cycles voluntarily at my own risk and with the prior acceptance of the risk of possible danger to me.

2. I acknowledge and agree that my use of a mountain bike hired from Roll Cycles and associated activities is a danger and may have inherent risks as a result of which personal injury (and sometimes death) may occur and I accept and assume all such risks of personal injury or death in anyway whatsoever arising from these activities and hereby waive my individual right to sue Roll Cycles for all claims I or my representatives may have for such personal injury or death against Roll Cycles in any way whatsoever arising from or in connection with these activities.

3. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin hereby release and hold harmless and agree not to sue Roll Cycles, their employees or agents with respect to any injury, disability, death, loss or damage to person or property, in any way whatsoever arising from or in connection with the hiring and/or use of a mountain bike from Roll Cycles, whether caused by the negligence of Roll Cycles or otherwise.

4. Further I agree to indemnify and keep indemnified Roll Cycles and each of its employees and agents against any losses, costs, claims, damages, expenses, liabilities, proceedings, or demands which any of them may directly or indirectly incur or suffer as a consequence of or in any way whatsoever arising from or in connection with the hiring and/or use of a mountain bike from Roll Cycles.

5. At the time of riding or using a mountain bike hired from Roll Cycles I agree not to be to any degree under the influence of alcohol or illicit drugs.

I agree that I have read and understood this waiver prior to signing it and agree that this waiver will be binding on my heirs, next of kin, executors and administrators.

I acknowledge that Roll Cycles have permitted me to hire or use a mountain bike the subject of this document in reliance upon the matters acknowledged by me and the representations I have made herein.

I agree that this waiver shall be governed in all respects by and interpreted in accordance with the laws of Tasmania.

TERMS AND CONDITIONS – BIKE HIRE

Consumer Rights Statement

All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer (‘Your Consumer Rights’) under applicable consumer protection legislation, including the Australian Consumer Law.

Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

Definitions and Explanations

1. The Rental Agreement (‘Rental Agreement’) between Roll Cycles and You is made on the date shown on the Rental Document You have signed in respect of the Bike (‘Rental Document’), and is made up of that Rental Document, the Rider Risk Acknowledgement & Waiver Form and these Terms and Conditions.

In these Terms and Conditions:

‘Accessory’ or ‘Accessories’ means any equipment set out in the Rental Document, including (as applicable) any helmet, gloves, chain, lock, battery, first aid kit, puncture kit, or similar equipment;

‘Bike’ means any bike or bikes set out in the Rental Document (or any substitute bike) and includes its parts, components, all Accessories and contents supplied by Roll Cycles.

‘Insurance Policy’ means a policy of liability insurance held by Roll Cycles for Your and an Authorised Rider’s liability to a third party for damage to the property of that third party which is caused by the legal use of the Bike by You or an Authorised Rider;

‘Authorised Rider’ means:

an additional rider who signs the Rider Risk Acknowledgement & Waiver Form; or

a person under the age of 18 years for where that person’s parent or legal guardian has signed the Rider Risk Acknowledgement & Waiver Form.

‘Beach’ means any land (whether above or below high-water mark) which forms, or forms part of, the beach or shore of the sea or any tidal waters;

‘Roll Cycles’ means Nettlefold Nominees Pty Ltd trading as Roll Cycles ABN 98 615 319 125;

‘Collection Costs’ means Roll Cycles’s reasonable costs of collecting unpaid Rental Charges from You (including Roll Cycles’s legal costs) and Roll Cycles’s administration fee of $75 (incl GST) and its debt collection agent’s fee equal to 10% of the unpaid Rental Charges;

‘Late Return Charge’ means a charge of $40 (incl GST) payable by You if You do not return the Bike on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with Roll Cycles under clause 6.1(a);

‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document or payable under this Rental Agreement;

‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that You return the Bike to Roll Cycles; and

‘Security Deposit’ means any security deposit as paid and shown on the Rental Document.

‘Substitute Vehicle Insurance’ means a policy of insurance held by You or an Authorised Rider which covers You or the Authorised Rider while using the Bike as a substitute for the vehicle insured under that policy;

‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made;

‘Your Account’ means Your debit card or credit card to which Your Rental Charges are to be debited.

Rider

2.1  You agree that You and any Authorised Rider has read, understood and agree to be bound by the Rider Risk Acknowledgement & Waiver Form.

2.2  You agree and acknowledge that only You or an Authorised Rider will ride the Bike.

2.3  You are responsible for the acts and omissions of an Authorised Rider or any unauthorised rider of the Bike and any consequent loss of or damage to the Bike or damage to the property of a third person.

2.4  Roll Cycles reserves the right to refuse to hire the Bike to any person or to refuse to allow any person to ride the Bike.

Where You Can and Cannot Ride the Bike.

3.1 You and any Authorised Rider must only use the Bike:

(a)  in the State of Tasmania;

(b)  between sunrise and sunset during each day of the Rental Period.

Use of the Bike

4.1 You and any Authorised Rider must:

(a)  not use, or allow the Bike to be used, for any illegal purpose, race, contest or performance test of any kind;

(b)  not carry, or allow the Bike to carry passengers;

(c)  not use the Bike on any Beach or cause the Bike to be totally or partial inundated or immersed in water or expose the Bike to salt water (including, without limitation, damage which occurs if You ride the Bike through floods, creeks, or rivers);

(d)  not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State of Tasmania;

(e)  not use the Bike when it is damaged or unsafe;

(f)  provided it is reasonable in the circumstances to do so, not ride the Bike after an accident or hitting an object (including animal) until You have obtained Roll Cycles’s approval to do so;

(g)  not use the Bike for the conveyance or towing of any load;

(h)  not use the Bike in contravention of any law; and

(i)  only ride the Bike whilst wearing a correctly fitted helmet that complies with Australian Standards.

4.2 You must pay for all traffic infringements in respect of the Bike during the Rental Period.

The Bike, Maintenance, Security and Safety

5.1  The Bike will at all times remain the property of Roll Cycles. You have no legal or equitable interest in the Bike or any part thereof. Your possession of the Bike (upon delivery) will be as a bailee for the Rental Period and thereafter at will.

5.2  Prior to the commencement of the Rental Period, the Bike must be inspected by You to determine whether the Bike is complete in accordance with the Rental Agreement and is in good order and working condition. Unless otherwise stated in the Rental Document, You will on completion of the inspection be deemed to have satisfied Yourself that the Bike as a whole is suitable, fit and merchantable and capable of meeting all Your requirements.

5.3  Unless Roll Cycles has been expressly retained, in writing, to advise on the suitability, fitness and merchantability of the Bike for Your purpose, any warranting as to suitability, fitness or merchantability is hereby expressly excluded.

5.4  Any shortages or malfunctioning of the Bike must be notified by You to Roll Cycles, in writing, within 24 hours of collection.

5.5 Whilst you are in possession of the Bike, in addition to all duties imposed at law upon bailees, it is an essential term of the Rental Agreement that You and any Authorised Rider will:

(a)  At all times exercise all reasonable care and diligence in the use of the Bike in accordance with Roll Cycles’s directions or specifications;

(b)  Not tamper or in any way interfere with, or repair or attempt to repair the Bike (with the exception of repairing tyres using equipment specifically supplied by Roll Cycles for that purpose):

(c)  At no time during the Rental Period part with possession of the Bike or in any way deal with it in a manner inconsistent with the rights of Roll Cycles as owner;

(g)  Ensure that the Bike is secure at all time and where being stored in unlocked premises, apply such security measures to ensure that the Bike is secure at all times;

(h)  Keep the Bike safe at all times during the Rental Period;

(i)  Not remove or deface any label, manufacturer’s serial numbers or other marks identifying the Bike and/or Roll Cycles’s ownership of the Bike;

(f) Not to permit any person to improperly use the Bike.

5.6 You must not have repairs to the Bike carried out unless Roll Cycles expressly authorises You to do so. Roll Cycles requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt to assist Roll Cycles. Roll Cycles will reimburse You for any repairs to the Bike authorised by it, provided that the cost of those repairs is verified. To the extent that Roll Cycles cannot verify the cost of repairs Roll Cycles will not reimburse you.

Return of the Bike

6.1 You must return the Bike to Roll Cycles:

(a)  to the place, on the date and by the time shown on the Rental Document unless you have informed Roll Cycles of a change prior to the return date and Roll Cycles has agreed to the change; and

(b)  in the same condition as it was at the commencement of the Rental

Period, fair wear and tear excepted.

6.2  Despite clause 6.1. You must return the Bike to Roll Cycles during normal operating hours.

6.3  If:

(a)  You return the Bike on a date, or at a time, or to a place other than shown on the Rental Document; or

(b)  You do not comply with any special conditions set out in the Rental Document, in addition to the Rental Charges You must pay the Late Return Fee per Bike.

6.4  Roll Cycles may request the immediate return of the Bike, or Roll Cycles may recover the Bike without notice, if:

(a)  the credit limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Bike;

(b)  the Rental Period expires without satisfactory arrangements having been made by You with Roll Cycles; or

(c)  Roll Cycles reasonably suspects that:

(1)  the Bike may be used for an unlawful purpose; or

(2)  damage to the Bike, or injury to persons or property, is likely to occur.

6.5  If You do not return the Bike on the date and by the time shown on the Rental Document (or any extended date or time agreed with Roll Cycles) then:

(a)  after written notice to You and if the location of the Bike is unknown, Roll Cycles may report the Bike as stolen to the Police; and

(b)  You must pay Roll Cycles all Rental Charges (including additional Rental Charges) and compensate Roll Cycles in accordance with clause 7 for any loss Roll Cycles suffers (including all reasonably additional costs Roll Cycles incurs in recovering the Bike) up to the time that the Bike is recovered by Roll Cycles.

Damage and Loss of Property

7.1 Subject to this clause 7, You are liable:

(a)  for the loss of, and all damage to, the Bike during the Rental Period; and

(b)  for all damage to the property of any person:

(i)  which is caused or contributed to by You or any person You allow to ride the Bike; or

(ii)  which arises from the use of the Bike by You or any person You allow to ride the Bike.

Remember that references to the Bike include all of its parts, components, Accessories and contents (see clause 1 definitions).

7.2 Additional amounts payable: You must always pay to Roll Cycles the full amount of the following costs and fees:

(a)  the cost of repairing any:

(1)  water damage to the Bike caused by total or partial inundation or immersion of the Bike in water or exposure of the Bike to salt water (including, without limitation, damage which occurs if You ride the Bike through floods, creeks or rivers);

(2)  damage to the Bike or to the property of any third party caused by the breach of clause 3, 4.1 or 5.1;

(3)  damage to a tyre or an Accessory not attributable to normal wear and tear; and

(b)  the cost of replacing an Accessory if lost or stolen, or used (replacement of use is only necessary if the Accessory is consumable such as a tyre tube or CO2 canister);

(c)  if You have breached the Rental Agreement, a per day loss of revenue fee based on the actual downtime of the Bike (or, where the actual downtime of the Bike is not known, a reasonable estimate of that downtime), provided that Your breach of the Rental Agreement has caused the downtime of the Bike

7.3

(a) For the purposes of this clause 7.3, ‘Recovery Costs’ means, in relation to the loss of, or damage to the Bike:

(1) any appraisal fees actually and reasonably incurred;

(2)  any transport, storage and recovery costs actually and reasonably incurred; and

(3)  a reasonable administrative fee reflecting the cost of making arrangements for repairs, transport and other administrative activities.

(b)  If clause 7.1, 7.2 or 7.3 applies the Security Deposit paid with respect to the Bike is forfeited to Roll Cycles pending Roll Cycles’s assessment of the loss and damage and, if applicable, the repair of the Bike, subject to your right to a refund under clause 

(c)  For the purposes of calculating any refund under clause 7.4(b), Roll Cycles will add the Recovery Costs to the amount of the costs of loss, damage and repair to the Bike.

(d)  If the total of the Recovery Costs and the costs of loss, damage and repair to the Bike is greater than the Security Deposit (with the difference being the ‘Gap Amount’), You must pay to Roll Cycles, or you hereby expressly authorise Roll Cycles to debit Your Account with, the Gap Amount.

7.4

(a)Where You are required to pay Roll Cycles under this clause 7, the amount You must pay for any loss, damage, repair, cost or fee:

(1)  may be reasonably determined by Roll Cycles; and

(2)  in relation to damage to the Bike, is the lesser of the cost of repairs to the Bike or the market value of the Bike at the time of the damage

(b)  If the amount determined by Roll Cycles and paid by You under this clause 7.4 exceeds the final cost of the loss, damage or repair, Roll Cycles will refund the difference to You within a reasonable period of time.

(c)  Roll Cycles will provide details to You of the final cost of the loss, damage or repair on request by You and within a reasonable period of time.

Limitation of Liability

8.1 Roll Cycles is not liable to You for any loss or damage which You might sustain as a consequence of You ordering the wrong Bike or insufficient  quantities of Bikes or where the Bike is hired for a purpose which is outside of the Bike’s specifications.

8.2 YOU EXPRESSLY AGREE THAT NEITHER Roll Cycles NOR ITS DIRECTORS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE RENTAL OF THE BIKE FROM Roll Cycles BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Roll Cycles AND RELATED PERSONS AND ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE OR NON-PERFORMANCE IN OPERATION OF THE BIKE.

IN NO EVENT WILL Roll Cycles’S LIABIITY RELATING TO OR ARISING OUT OF THE RENTAL OF THE BIKE OR OTHER ACCESSORY EXCEED THE APPLICABLE RENTAL CHARGES ACTUALLY PAID TO Roll Cycles. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Roll Cycles HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF TASMANIA.

Claims and Proceedings

9.1 Where the use of the Bike by You, an Authorised Rider, or any other person results in an accident or claim (‘Incident’), or where damage or loss is sustained to the Bike or the property of any third party, You must ensure that You or any Authorised Rider:

(a)  promptly reports the Incident to the local police (if required by law);

(b)  promptly reports the Incident in writing to Roll Cycles;

(c)  not, without Roll Cycles’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or  admission of liability in relation to the Incident except to the extent that You are require to provide a statement to the Police;

(d)  permits Roll Cycles or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name in relation to the Incident;

(e)  permits or ensures that Roll Cycles may claim in Your name or that of the Authorised Rider under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Rider to assist, Roll Cycles in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Roll Cycles and

(f)  completes and furnishes to Roll Cycles within a reasonable time any statement, information or assistance which Roll Cycles or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

9.2  Roll Cycles will meet Your reasonable out-of-pocket expenses in complying with clause 9.1(e) or 9.1(f).

9.3  If you do not comply with clause 9.1(b), and Roll Cycles is unable to investigate the lncident, Roll Cycles will, if it is reasonable to do so, debit all Rental Charges to Your Account pending receipt of Your report about the Incident.

Booking, Payment and Security Deposit

10.1  In order to guarantee access to the Bike You must complete the online booking form at www.cranke.com.au and ensure that You and the Authorised Riders understand the terms and conditions of this Rental Agreement.

10.2  At the time of booking You must pay Roll Cycles all Rental Charges.

10.3  Prior to taking possession of the Bike at the commencement of the Rental Period You must:

(a)  pay Roll Cycles the Security Deposit; and

(b)  if You did not book online in accordance with clause 10.1, pay Roll Cycles all Rental Charges.

10.4  At the end of the Rental Period, You must pay Roll Cycles:

(a) any unpaid Rental Charges;

(b) any amount paid or payable by Roll Cycles or you to any person arising out of Your use of the Bike or imposed on You or Roll Cycles by any government or other competent authority;

(c) the replacement cost (as reasonably determined by Roll Cycles) for a lost or stolen Accessory; and

(d) any amount which You reasonably owe to Roll Cycles under the Rental Agreement in respect of a breach of the Rental Agreement or otherwise. Roll Cycles will provide details to You of any amount payable under clause 10.4.

10.5  Each Rental Charge calculated and invoiced to You at the time of the return of the Bike is subject to subsequent verification by Roll Cycles. If Roll Cycles reasonably determines that a Rental Charge should be adjusted, Roll Cycles will provide details to You if Roll Cycles has Your contact details.

10.6  The minimum charge You must pay for the rental of the Bike is an amount equivalent to one day’s rental at the Full Day rate shown on the Rental Document (subject to clause

10.7  You authorise Roll Cycles to charge all amounts payable to Roll Cycles under the Rental Agreement to Your Account.

10.5  If You pay Your Rental Charges by debit card, You acknowledge that it may take up to 7-10 business days for Your financial institution to release any amount which has been authorised by that institution at the request of Roll Cycles under clause 10.4 which is in excess of Your Rental Charges.

10.6  Roll Cycles will pay, within 14 days, any refund due to You by such method as Roll Cycles may reasonably choose.

10.7  If You faiI to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the  amount, You must also pay Roll Cycles:

(a)  interest at 10% per annum (compounded daily on the amount from the expiry of 14 days from the date on which You were required to pay the amount to the date of payment; and

(b)  on and as demanded, Roll Cycles’s Collection Costs including interest on Roll Cycles’s Collection Costs calculated in accordance with clause 10.7(a) from the date of demand.

Termination & Cancellation

11.1  Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.

11.2  Subject to clauses 6.2 to 6.5 (inclusive) and 10.3, You may terminate the Rental Agreement at any time by returning the Bike to Roll Cycles.

11.3  If you wish to terminate the Rental Agreement prior to the commencement of the Rental Period You must notify Roll Cycles in writing and once Roll Cycles receives your notice cancellation will take effect subject to the following:

(a)  if cancellation occurs more than 1 calendar day before the commencement of the Rental Period you will receive a refund of 90% of any amount paid under the Rental Agreement.

(b)  if cancellation occurs on or after the day before the commencement of the Rental Agreement 100% of any amount paid under the Rental Agreement will be forfeited or you may transfer your booking to an alternate date with no addition cost incurred, subject to availability.

Personal Property Securities Law

12.1  The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) – financial statement, interested person, register, proceeds, security agreement and security interest.

12.2  You acknowledge thatL

(a) by renting the Bike from Roll Cycles, You may be granting a security interest in the Bike (and any proceeds) to Roll Cycles, and that this Rental Agreement may constitute a security agreement.

(b)  any security interest arising under this Rental Agreement attached to the Vehicle when You obtain possession of the Vehicle and not at any other time; and

(c)  Roll Cycles may perfect its security interest by lodging a financing statement on the PPSA register.

12.3  Roll Cycles does not need to give You any notice under the PPSA (including a notice of verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.

12.4  You must do anything reasonably required by Roll Cycles to enable Roll Cycles to register its security interest, with the priority it requires, and to maintain the registration.

Warranties

13.1  Except where specifically agreed in the Rental Document, Roll Cycles gives no warranty express or implied in respect of the Bike, its fitness for purpose or the condition thereof.

13.2  All warranties implied by the Competition and Consumer Act 2010 (Cth) and any other Statutes (if any) that can be expressly excluded are hereby expressly excluded.

13.3  Where permitted by statute, Roll Cycles’s liability for breach of any warranty is limited to:

(a)  The supply to You of substituted equivalent equipment; or

(b)  The payment of the costs of supplying to You substituted equivalent equipment; or

(c)  The repayment to You of the Rental Charges.

Force Majeure

14. If Roll Cycles is prevented (directly or indirectly) from performing any of its obligations under this Rental Agreement by reasons of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of terrorism, acts or omissions of a third party or any other cause whatsoever outside of Roll Cycles’s reasonable control, Roll Cycles will be under no liability to You and may, at its option, by written notice, either cancel the Rental Agreement.

Applicable Law

15. This Rental Agreement is governed by the laws of the State of Tasmania and the parties irrevocably submit to the jurisdiction of the Courts of Tasmania.

ROLL RENTALS PRE-PAID ALL INCLUSIVE RATES

Damage excess conditions

• Minimum renter age 21 years. All renters must hold a full valid drivers licence.
• Damage excess for drivers 21 years and over is $330.00 and is non reducible
  Standard damage excess on 2WD commercial vehicles is $650.00 (drivers must be over 25 years old).
• Standard damage excess on 4WD vehicles is $1100.00 (drivers must be over 25 years old).
• Budget Rent a Car has no additional damage excess for single vehicle accidents.
• Overhead, underbody and water damage are not covered under Budget insurance excess.

Driving on unsealed roads

• Budget Rent a Car allows their vehicles to be taken on unsealed roads providing they are gazetted. Budget Rent a Car has no additional damage excess for accidents that occur on gazetted unsealed roads.

Renters between 21 & 25 years of age

• Drivers between 21 & 25 years of age may only rent car groups X, A, B & C.
• Drivers between 21 & 25 years of age may only rent commercial groups A and L

Additional information and charges

• Budget Rent a Car requires either a credit card pre-authorisation or a refundable cash bond of $330.00 as security at time of collection.
  12 Seater mini-bus (Grp W) and 4×4 Dual cabs (Grp D) come with a limit of 200 km free per rental day. Additional km are charged at 27c each.
• Additional Driver Fee $6.00 plus taxes per day up to a maximum of $100.00 plus taxes per rental.
• Child Safety seats are available directly from Budget at the daily rate of $24 p/day with a maximum charge of $80.00 per rental and are subject to availability.
• Budget Rent a Car provides coverage to all of their vehicles with 24hr full roadside assistance.

Prices and conditions valid as of July 2024 and are subject to change without notice.

TERMS AND CONDITIONS – TRAILER HIRE

The terms and conditions of hire set out herein are the only terms and conditions upon which the hirer may hire the trailer from the Owner and/or its agent.

TERMS AND CONDITIONS OF HIRE

1. In this document the word “Owner” and Roll Cycles means Roll Cycles Pty Ltd ABN 98 615 319 125 and/or its related companies (as defined in the Corporation Act 2001) and/or its agents and the word “trailer” means trailer and all equipment attached thereto or hired under the hire contract.

2. The Hirer will at or before the commencement of hire inspect and confirm for itself that the trailer is in a good and serviceable condition. Roll Cycles reserves the right to exchange the hire item at the said location or nearest possible location with an equivalent item at any time before and during the booking or hire period. In the event that the exchange of item or location cannot occur Roll Cycles reserves the right to refund the hire amount without any compensation.

3. Hirer agrees to insure his/her own property and towing vehicle against loss or damage for any reason whatsoever prior to loading or towing trailer and agrees that no claim for loss or damage to such property or vehicle shall be made against the Owner.

4. The hirer shall use the trailer in a skilful and proper manner and shall not speed or overload it or use it other than for its normal intended purpose. Trailer dimensions advertised are approximate only, if there is any doubt on the capacity required it is recommended to select the next size up. Trailers of 6′ x 4′ to 8′ x 5′ sizes must not be used to carry more than 700 kg. The hirer acknowledges that the relevant Australian Transport Authority requires safety chains and proper lights. It is the hirer’s responsibility to comply with all applicable rules and regulations including load capacity and operation of the trailer and of the towing car.The Hirer guarantees that they and any named authorized drivers and any other persons they allow to use the trailer:

(i) have the knowledge, skill and ability required to enable them to carry out the loading and towing of the trailer safely and without incident or accident;

(ii) will take due care by following the safety instructions under these terms and conditions and any other safety instructions or guidelines that the Owner may provide; and

(iii) will follow any other applicable requirements and recommendations for trailer loading and towing issued from time to time by the relevant Australian Transport Authority.

The Hirer will not itself and will not allow others to load or tow the trailer without the knowledge, skill and ability required fulfilling these guarantees.

5. The Hirer agrees that UNDER NO CIRCUMSTANCES ARE THE TRAILERS TO BE TAKEN ONTO THE BEACH OR SUBMERSED INTO SALT WATER.

6. Secure your load – Hirer agrees to secure all property/goods or stock within the parameters of the trailer so as to ensure that the said loads or part thereof will not under any circumstances part from or leave the trailer during transit or otherwise (see clause 3 above regarding insurance). The Hirer is responsible for the correct and safe connection of the trailer to the towing vehicle.The Hirer will secure their load using suitable tie down materials.

7. The Hirer agrees that all fully enclosed trailers are not guaranteed to be water-proof or dust proof and that the hirer is responsible to take precautions to prevent water damage to any goods they enclose within the trailer.

8. Hirer agrees to have coupling attached to the tow vehicle at all times when loading, whilst loaded and during unloading. The jockey wheel is for raising and lowering the trailer and is not to be used to maneuver the trailer

9. Upon completion of the hiring, the trailer must be properly cleaned by the hirer. Trailers returned in a dirty condition in the opinion of the Owner shall be cleaned at the hirer’s expense.

10. The hire contract may not be transferred or assigned to any other party without the prior consent in writing of the Owner.

11. The Hirer shall make his own insurance arrangements and assume all responsibility for any loss, damage or liability of or arising from the trailer or vehicle while the trailer or vehicle is in the care and control of the hirer or is being used by the hirer or servants. The trailer is not insured by the Owner against theft or damage while it is outside the Owners possession or control and it is the hirer’s responsibility to keep it secure. The Hirer accepts full liability for any costs and expenses of repair or replacement relating to the trailer or vehicle in the event that the trailer or vehicle is lost, stolen or in any way damaged. In the event of damage to the trailer or trailer component, if the damage cannot reasonably or economically be repaired by the Owner the hirer will be charged at new retail replacement cost of trailer, vehicle or component as the case may be.

12. The Hirer authorises all charges for the hire of the trailer to be charged and debited to the Hirers credit card or debit card along with any credit or debit card surcharge.

13. The Hirer agrees that all additional charges related to the hire of the (including, without limitation, all costs and charges in connection with any breach by the Hirer of the hire agreement and these terms and conditions) will be automatically charged and debited to the Hirers credit or debit card. If additional charges are not paid, then further action will be taken to recover monies owed. Any changes to bookings such as (but not limited to) time, date, location or size of trailer will incur a $10 change fee.

14. The Hirer must hold a valid Australian Drivers Licence (and allows for towing of the hired trailer) and confirms that they are the same person as named in the licence provided.

15. The Hirer agrees that in the event of incorrect licence details being provided, that the credit card details provided by the hirer, is proof of hire.

16. On the termination of the period of hiring, the Hirer at his own expense must return the trailer to the address stated on the hire receipt or if no such address is so stated to the place of the Owner or its agent from which it was hired. The hirer acknowledges and agrees to pay in full to Roll Cycles the standard trailer recovery fee of $3000.00 should the hirer fail to return the hire item to the address stated on the hire contract docket.

17. When the trailer cannot be returned by the due time at the expiration of the hiring period (due time) the hirer must advise Roll Cycles by calling 0408 176 758 during normal business hours before that due time. The hirer must advise Roll Cycles of the estimated time of return and accept charges to the credit or debit card to extend the original hire period, subject to availability. Roll Cycles reserves the right to refuse an extension and require the trailer to be returned by due date and time. This step terminates the contract between Roll Cycles and the Hirer at the date and time advised by Roll Cycles. Upon termination of the contract, failure by the hirer to return the trailer will be deemed intent on the part of the hirer to not return the trailer and the Police will be informed and the trailer reported as stolen. When a trailer is not returned by expiration time of the agreed hire period the post due-time period until return of the trailer shall be treated for charging purposes as overdue. The charge for overdue trailers will be 150% of the difference between the charge for the original hire period and the charge for the next available hire period ending when the trailer is returned. Late return not advised as above within 24 hours after

the hiring expiry date will be considered as a stolen trailer and the hirer will be liable to prosecution for theft and all charges associated with recovering the trailer.

18. During the continuance of the hiring, the hirer will not –

(a) Sell, offer for sale, assign, mortgage, pledge or underlet the trailer or any interest of the hirer therein;

(b) Part with possession of the trailer;

(c) Allow any lien to be created in respect of the trailer whether for repairs or otherwise.

19. The hirer acknowledges that the Owner may use satellite tracking devices on any of its hire equipment.The hire agrees and acknowledges that the Owner and/or its business partners may use and disclose data recorded in relation to this rental in conjunction with any future promotional or marketing undertaken by the Owner or business partners.

20. The hirer shall be responsible for all freight and other charges where incurred by the Owner or the hirer in respect of the delivery and return of the trailer.

21. In the event of a trailer breaking down the hirer shall arrange at his own expense, to return it to the Owner forthwith. The period of the hire shall terminate upon such return of the trailer to the Owner; in no event shall the Owner be responsible for any expenditure damage, liability and/or loss (including, without limitation any consequential or economic loss) incurred by the hirer arising out of any breakdown or failure of the trailer.

22. In the event of the hirer being delayed in returning the trailer, the hirer is required to advise Roll Cycles on 0408 176 758 at least 24 hours before the expiry time of the hire period, as stated on the contract. If further delay is experienced and the amended return time cannot be met, the hirer is then required to give further notice to that effect.The hirer agrees to indemnify the Owner against any costs and losses incurred by the Owner (including, without limitation, any consequential or economic loss) arising directly or indirectly in connection with the hirer’s failure to provide such timely information.

23. Except to the extent (if any) otherwise provided in the hire agreement the Hirer will be totally responsible for any loss or damage caused to the trailer during the hire period and before its return to the Owner or its agent. In the event of an accident, the hirer will be liable for any costs incurred and all recovery charges to have the trailer returned to the nearest Roll Cycles repair location.This includes all towing and storage fees incurred from the date of the accident under these terms for the recovery of and repair of the trailer.

24. INDEMNITY : The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner’s servants and agents from and against all liability, expenses, damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the trailer (by the Hirer and those for whom it is responsible) or otherwise

25. LIMITATION OF LIABILITY : The Owner shall not be liable to the Hirer or the Hirer’s servants and/or agents from any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant State legislation), use, maintenance, transport, operation of the trailer or otherwise

26. OPERATION OF CLAUSE: To the extent that clauses 23 and 24 are inconsistent with other clauses, terms or conditions of the hire contract clauses 23 and 24 shall prevail and override those other provisions to the extent of such inconsistency.

27. The hirer agrees that he will not allow repairs to be carried out or costs to be incurred on the Owner’s behalf without having first obtained an authority number from the Owner.

– Hirer agrees to carry a spare wheel for the trailer at all times.

– Hirer agrees to carry a wheel brace and jack at all times,

Roll Cycles does not supply these item. The Hirer acknowledges that he is responsible for all punctures and that no claim or refund for tyres will be met without presenting the tyre in question to the Owner or its agent.

28. Late return fees, extended hire charges, trailer recovery charges and all other fees, charges, costs and expenses payable by the Hirer under these terms and conditions and the hire agreement may be debited by the Owner to the Hirers credit or debit card.

29. Trailers are not to be towed by vehicles with 24 volt electric systems (All trailers are 12 volts only) 30. Trailers are not to be towed by vehicles with a greater than 4.5 tonne gross vehicle mass (GVM).

31. MAXIMUM LOAD ON CAR CARRIER/TRANSPORTER AND TANDEM CAGES 1.2 TONES (1200KG).

MAXIMUM LOAD ON SINGLE AXLE TRAILERS UNBRAKED 400kg

MAXIMUM LOAD ON SINGLE AXLE TRAILERS BRAKED 700kg

32. IMPORTANT TOWING VEHICLE LIMITATIONS

The Aggregate Trailer Mass (i.e. mass of trailer plus load) MUST NOT exceed the maximum towing capacity of the tow vehicle as specified by the vehicle manufacturer. The towing capacity of vehicles is usually provided in the vehicle operator’s hand book. Also check towbars manufacturers specification plate on towbar as the two may differ.

33. A 50mm diameter tow-ball is a standard requirement for all hire trailers. LONG TERM HIRES

34. It is the hirer’s responsibility to keep the trailer in a roadworthy condition. If the hirer feels that the trailer requires attention, they are to contact our call centre on 0408 176 758 to arrange a maintenance inspection as soon as possible.

35. Any faults with the trailer must be reported to Roll Cycles during normal business hours, prior to further use of the trailer.

36. In the event of a credit or debit card payment being declined, attempts will continue to be made every 24 hours to process due payment. Roll Cycles will attempt to make contact with the hirer regarding the overdue payment.

37. In the event that Roll Cycles is unable to make contact with the hirer and payment has not been honoured, the trailer will be reported stolen to the Police after a period of 24 hours.

38. There is no refund for early return of the trailer.

TOLLS, FINES and ADDITIONAL CHARGES

39. All toll charges, will be charged a $35.00 administration fee plus the value of the toll fee or fine.

40. All penalty and traffic infringement fines (e.g. but not limited to, exceeding speed limit, red light camera and parking fine) will be charged a $100.00 administration fee, plus the value of the fine or penalty applicable.

41. Any changes to bookings such as (but not limited to) time, date, location or size of trailer, will incur a $10.00 change fee.

42. The Hirer authorises Roll Cycles to charge its credit or debit card for all such administration charges plus the fee or fine values where applicable without any further authority required by Roll Cycles and regardless of who was in possession or control of the trailer when the fee or fine was incurred and regardless of whether the Hirer or any other person intends to appeal or otherwise dispute the fee or fine.

REFUND and CANCELLATION POLICY

43. Refunds and Cancellations are subject to the following:

a/. A minimum of 24 hours notice must be given on all cancellations prior to the start time and date of the booking.

b/. A holding and cancellation fee of $20 per week (or part thereof) calculated from the time of booking will be deducted from the refund.

44. There is no refund for any early return of the hired trailer.

45. To the extent permitted by law the Owner shall not be liable to the Hirer or its agents in respect of any breakdown or failure of the trailer.

DAMAGE LIABILITY REDUCTION

46. The Damage Liability Reduction fee (if selected) reduces the amount for which the Hirer is liable to the Owner in the event of damage to the trailer or hire item while it is in the Hirers possession or control and before it is returned to the Owner. It relates to the repair or replacement cost of the trailer but only in the event of an accident (Accidental damage to the TRAILER or HIRE ITEM only) and is valid for 1 (one) claim per hire contract. Tyres, Jockey Wheel, Broken Lights, Hirers’ Goods, Towing and Storage costs excluded. The Damage Liability Reduction fee will not cover the hirer in the event of OVER LOADING, UNSECURED LOADS, INCORRECTLY LOADED, FIRE, UNLAWFUL USE of the trailer or hire item, or if the hirer is in BREACH of any condition of the hire contract

47. The Hirer acknowledges and warrants that all information provided by it is true, complete and accurate and can be relied upon by Roll Cycles and its insurers.

ATTENTION: BEFORE STARTING OFF ON YOUR HIRE

48. Safety chains must be attached to tow vehicle correctly

49. Ensure coupling handle is correctly down.

50. Ensure all lights are working correctly. It is recommended that you drive with your lights on to increase visibility to other drivers while towing.

51. For information or questions on the above contact 0408 176 758 during office hours. If unsure you are not to take trailer and refund will be given. The hirer shall contact Roll Cycles immediately should the item fail to meet the hirers expectations.

52. The Hirer indemnifies the Owner from and against (and shall pay upon demand) all costs and expenses (including all legal costs and expenses on a full indemnity basis and also all debt collector commissions, costs and expenses) incurred or suffered by the Owner in or in connection with the enforcement or attempted enforcement of the Owners rights and remedies arising from any breach by the Hirer (or those for whom it is responsible) of these terms and conditions or any other breach of the hire contract and/or incurred or suffered by the Owner in suing for or attempting to sue for and recover any sum due by the Hirer to the Owner under these terms and conditions or otherwise due to the Owner under the hire contract.

53. The Hirer agrees and acknowledges that in regard to all personal information concerning the Hirer provided to or obtained by the Owner, the Owner (and its agents and business partners):

(i) may collect, use, keep and disclose the personal information to any third party for the purposes of administering and enforcing the hire agreement and these terms and conditions (including, without limitation, for debt collection purposes or providing default information to credit reporting agencies) and for the purpose of promotion and marketing of goods or services by the Owner or its business partners or others to the Hirer;

(ii) may collect, use, keep and disclose the personal information to the Owners brokers and insurers providing insurance services either to the Owner or the Hirer incidental to the hire contract or incidental to any loss or damage of the trailer or incidental to any insurance claim (or enforcement of the insurers subrogation rights and remedies) in respect of any such loss or damage; and

(iii) may collect, use, keep and disclose the personal information to the Australian Transport Authority, the Police or any other government departments or agencies for the purposes of seeking information about the Hirer or in connection with any infringement or other law enforcement action taken or considered by such organisations.

OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS FOR TRAILER HIRE

54. As a holder of a current drivers licence, you understand the obligations you have to safely operate your vehicle on any type of designated or undesignated roadway, or property access-way, in accordance to the State’s Road Safety / Traffic Rules. Our support to your safety is to ensure that you have the basic understanding of your trailer hire. Your trailer hire agent is not an authorised trainer or assessor in safe towing. If at any time you feel that you are not competent to safely attach or tow the trailer, we recommend that you do not hire the trailer at this point and contact an authorised training organisation and/or the relevant Transport authority. Every effort is undertaken to ensure your hire trailer is in roadworthy condition. Please do not use the trailer if there are doubts about it’s roadworthiness and report this immediately to the hire agent. As part of the hire program and in addition to the conditions of use, it is your responsibility to report any identified or potential faults with the trailer, immediately or as soon as possible to the hiring agent..

The Hirer hereby certifies and warrants to the Owner that he/she is competent with (and not limited to): * Correctly connecting and disconnecting the trailer coupling hitch.

* Correctly applying the safety chain connections.

* Correctly applying the trailer light plug connections.

* Conducting light operation checks, prior and after use.

* Ensuring safe load distribution on and off the trailer.

* Ensuring any load is safely secured during loading/unloading activities, or when parked or under tow. * Correctly securing the jockey wheel when the trailer is both under tow and not undertow.

* Adhering to the maximum load rating allowed for this trailer.

* Operating the trailer without over or under inflated tyres.

FOR INFORMATION ON ANY OF THE ABOVE PLEASE CONTACT CRANKE ON 0408 176 758

I agree that I have read and understood the Terms and Conditions of Trailer Hire prior to signing this document. I agree that this document shall be governed in all respects and interpreted in accordance with the laws of Tasmania.