1 Rental Contract
1.1 When You rent a Scooter from Skootify the contract (Rental Contract) You have with Us consists of:
(a) the agreement (Rental Agreement) You have signed to rent the Scooter from Us;
(b) these rental Terms and Conditions (Terms and Conditions of Rental); and
(c) the Manual.
1.2 The Rental Contract permits use of the Scooter for private and some commercial purposes, including for food delivery.
1.3 The laws of the state of Victoria 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.
1.4 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.
2 Who may drive the Scooter?
IMPORTANT NOTICE
A breach of any of these clauses is a Major Breach of the Rental Contract. See clause 12 for further detail.
2.1 Only You or an Authorised Driver can drive the Scooter.
2.2 It is a Major Breach of the Rental Contract if You or an Authorised Driver let anyone who is unauthorised drive the Scooter. If there is a Major Breach of the Rental Contract there is no cover for You, the Authorised Driver, or the unauthorised driver for any Damage, theft of the Scooter, or Third Party Loss.
2.3 We set minimum and maximum age limits for those renting Our Scooters. You and any Authorised Driver must be at least 21 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.
2.4 You and any Authorised Driver must also have a valid licence to drive the Scooter 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 Scooter.
2.5 The Scooter must not be driven:
(a) if Your licence or the licence of any Authorised Driver has been suspended or cancelled within 2 years of the date of the Rental Agreement; or
(b) by You or an Authorised Driver who has provided a false or misleading name, age, address, or driver's licence.
3 Prohibited Use
IMPORTANT NOTICE
A breach of any of these clauses is a Major Breach of the Rental Contract. See clause 12 for further detail.
3.1 The Scooter must not be driven by You or any Authorised Driver:
(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 Scooter is damaged or unsafe.
3.2 You and any Authorised Driver must not use the Scooter:
(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.
3.3 You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) damage the Scooter deliberately or recklessly or allow anyone else to do so;
(c) modify the Scooter in any way;
(d) sell, rent, lease or dispose of the Scooter; or
(e) register or claim to be entitled to register any interest in the Scooter under the Personal Property Securities Act 2009.
4 Where the Scooter can and cannot be used.
IMPORTANT NOTICE
A breach of any of these clauses is a Major Breach of the Rental Contract. See clause 12 for further detail.
4.1 The Scooter must never be driven:
(a) on an Unsealed Road;
(b) Off-road; or
(c) above the snow line between 1 May and 31 October
4.2 The Scooter 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 Scooter.
4.3 The Scooter must never be driven or used outside a radius of 150 kilometers 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.
5 Your obligations
IMPORTANT NOTICE
A breach of clauses 5.6, 5.7 or 5.8, is a Major Breach of the Rental Contract. See clause 12 for further detail.
5.1 At the Start of the Rental and before collecting the Scooter You must:
(a) inspect it to make sure that any pre-existing damage is noted and shown in the Rental Agreement; and
(b) pay the anticipated Rental Charges if Your rental plan is for daily rentals or rentals from 7 to 14 days, and (c) pay the Security Bond of $300.
5.2 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 within 14 days subject to:
(a) all amounts due to Us under the Rental Contract have been paid;
(b) the Scooter has been returned to the Rental Location at the date and time set in the Rental Agreement;
(c) an assessment report by mechanic showing no Damage to the Scooter;
(d) Third-Party Loss;
(e) 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.
5.3 At the End of Rental You must:
(a) return the Scooter 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 any outstanding Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Scooter has been stolen;
(d) pay any costs We incur, including extra cleaning costs under clause 5.3(a), in reinstating the Scooter 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 Scooter in water.
5.4 You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Scooter or release of the Scooter if it has been seized by a regulatory authority.
5.5 If We pay for any tolls, 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 toll, fine, or infringement.
5.6 You and any Authorised Driver must make sure that the Scooter is locked when not in use or unattended and the keys must be kept in Your possession, or that of any Authorised Driver, at all times.
5.7 You and any Authorised Driver must take reasonable care of the Scooter by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) maintaining the Scooter in accordance with the Manual;
(d) only allowing Our personnel to service or repair the Scooter unless otherwise instructed or permitted by Us;
(e) using the correct fuel type and E10 fuel must not be used in the Scooter; and
(f) making sure it is not overloaded.
5.8 If the Scooter develops a fault during the Rental Period:
(a) You must inform Us immediately:
(b) You must not drive the Scooter unless We have authorised You to do so; and
(c) You must not let anyone else repair or work on the Scooter or tow or salvage of it without Our prior written authority to do so.
6 Rental Period, costs & charges
6.1 The Rental Agreement shows:
(a) the Rental Period for which You have rented the Scooter; and
(b) the Rental Charges.
6.2 The Rental Period varies according to the rental plan You have chosen:
(a) Plan A: Daily Rentals Under this plan:
(i) the Rental Period is from 1 to 7 days;
(ii) daily Rental Charges apply; and
(iii) all payments must be made in advance.
(b) Plan B: Rentals between 7 and 14 days. Under this plan:
(i) the Rental Period is from 7 to 14 days;
(ii) reduced daily Rental Charges apply; and
(iii) all payments must be made in advance.
(c) Plan C: Rentals 14 days to 28 days. Under this plan:
(i) the Rental Period is from 14 to 28 days;
(ii) weekly Rental Charges apply;
(iii) all payments must be paid weekly in arrears at the end of each week.
(d) Plan D: Rentals 28 days and more. Under this plan:
(i) the Rental Period is a minimum of 28 days;
(ii) weekly Rental Charges apply;
(iii) all payments must be paid weekly in arrears at the end of each week.
IMPORTANT NOTICE
If any payment is overdue under Rental Plans C or D (clauses 6.2(c) or 6.2(d)) for three (3) days or more, upon reasonable notice We may repossess the Scooter.
6.3 At the End of Rental You must also pay for all amounts owing pursuant to clause 5.3(b) to (e) (inclusive) and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of Rental.
6.4 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.
6.5 If You default in the payment of any moneys owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. 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.
6.6 Termination and cancellation
(a) if any payment is overdue for three days or more, we reserve the right to repossess the scooter.
(b) The Scooter must be returned to the Rental Location at the End of the Rental Period and if You have given notice of Your intention to terminate the Rental Contract pursuant to clauses 6.2(c)(iv) or 6.2(d)(iv) You must return the Scooter to Us within that notice period. If You fail to return the Scooter:
(i) You must continue to pay the ongoing Rental Charges until the Scooter is returned to Us; and
(ii) if the location of the Scooter is known, We may recover the Scooter by lawful means and if its location is not known and if after making reasonable attempts We are unable to contact You, We will report the Scooter as stolen to the Police.
(c) 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 Scooter to another renter for an equivalent term and rate.
(d) The $50 booking fee is non-refundable for all cancellations.
7 Breakdowns, Servicing, and Maintenance
7.1 We will provide You with a Scooter that is of acceptable quality and in good working order.
7.2 If the Scooter breaks down during the Rental Period We will recover and repair the Scooter as soon as possible. If the Scooter cannot be repaired, We will use Our best endeavors to provide a replacement Scooter where one is available.
7.3 Subject to the Australian Consumer Law, We are not responsible for any economic or consequential loss You may suffer if the Scooter breaks down.
7.4 We agree to:
(a) undertake a general service check of the Scooter, at the times and dates set out in the Manual, and You must do all thing necessary to allow Us to fulfill our obligations in this clause 7.4 (a) in order for Us to fulfill Our obligations, including providing and collecting the Scooter to a mechanic nominated by Us. We may, in Our absolute discretion provide You with a replacement Scooter during any general service check; and
(b) attend to any defects, damages, or faults of the Scooter that are not caused or contributed to by You, within a reasonable time from receiving notification from You.
7.5 We will pay for the service, parts, tyres and any other issues with the Scooter providing that these issues were not caused by You or any Authorised Driver.
7.6 You must maintain the engine oil and tyre pressures and You must check these on a weekly basis.
8 Damage, Damage Cover and CTP Insurance
8.1 Damage Cover is for Third Party Loss only
Damage Cover for Third-Party Loss is included in the Rental Charges but there is no Damage Cover for Damage to the Scooter 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 Scooter as a result of theft; and
(c) Third-Party Loss.
8.2 Loss or Damage to the Scooter
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 Scooter that is repairable You must pay the full Damage cost;
(b) if the Damage to the Scooter 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 Scooter, and
(c) if there is any Damage to the Scooter however it has been caused You will forfeit the Security Bond which will be applied to the Damage or replacement cost.
8.3 Third-Party Loss
If You have not made Your own insurance arrangements or Your insurer refuses to accept Your claim and if there is Third Party Loss arising from an Accident You must pay a Damage Excess of $2,000*. Payment of the Damage Excess under this clause 8.3, is additional to Your obligations under clause 8.2 to pay for the repair or replacement cost of the Scooter if there is Damage to it or it is stolen.
8.4 Damage and Damage Excess Waiver
In Our sole discretion We may waive payment for Damage under clause 8.2 and payment of the Damage Excess under clause 8.3, but only if:
(a) We agree You were not at fault;
(b) the other party is insured, and
(c) the other party’s insurance company accepts liability and agrees to pay Our Damage claim in full.
8.5 Compulsory Third Party Insurance
Compulsory Third Party Insurance is included in the Rental Charges and provides a 'no-fault' insurance cover for injuries caused by the Scooter, including medical and rehabilitation costs and income support in some circumstances. Exceptions apply in the case of criminal offences or drink or drug-related driving. For a full understanding of the scope of this insurance cover We recommend You refer to www.tac.vic.gov.au
9 Damage Cover Exclusions
9.1 There is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage to, or theft of, the Scooter however it is caused;
(b) Third-Party Loss arising from:
(i) a Major Breach of the Rental Contract;
(ii) the use of the Scooter by any driver who is not an Authorised Driver; and
(c) wheel or tyre damage, including puncture repair; or
(d) loss or damage to goods or property carried in or on the Scooter 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.
9.2 There is no Damage Cover for personal items that are left in or stolen from the Scooter or for loss or damage to property belonging to or in the custody of:
(a) You;
(b) any relative, friend or associate of an Authorised Driver, or
(c) any passenger.
10 Toll Charges
10.1 You must pay all tolls incurred related to the use of the Scooter on a toll road
10.2 If We receive toll invoices for use of the Scooter on a toll road, We will nominate You as the responsible driver and charge an administration fee of $5 per nomination.
11 Accident reporting
IMPORTANT NOTICE
A breach of any of these clauses is a Major Breach of the Rental Contract. See clause 12 for further detail.
11.1 If You or an Authorised Driver has an Accident or if the Scooter 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.
11.2 If the Scooter is stolen or if You or an Authorised Driver of the Scooter 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 Authorised Driver must also report the theft or Accident to the Police.
11.3 If You or an Authorised Driver has an Accident You and the Authorised Driver must:
(a) exchange names and addresses with the other driver;
(b) take as many photos as is reasonable showing:
(i) the position of the Scooter and all other vehicles before they are moved for towing or salvage;
(ii) the Damage to the Scooter;
(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 defense 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.
12 Consequences of a Major Breach of the Rental Contract
12.1 If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Scooter or Third Party Loss; or
(b) drive the Scooter in a reckless manner so that there is a substantial breach of road safety legislation,
You and any Authorised Driver have no Damage Cover and are liable for all Damage, theft of the Scooter, and Third Party Loss.
12.2 Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Scooter if a breach of any part of clause 12.1 has occurred.
13 Privacy
13.1 We are committed to respecting privacy and will not collect, use, or disclose Your personal information where doing so would be contrary to law.
13.2 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.
13.3 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.
13.4 We may fit a GPS Tracking Device to the Scooter to enable Us to track the Scooter when it is out of Our possession. When You sign the Rental Agreement You are authorising Us to use the GPS Tracking Device to track the Scooter until it is returned to Us.
14 Definitions
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Scooter and a vehicle or other object;
(b) a single-vehicle accident, where no other vehicle or object is involved, including dropping the Scooter or failing to park it correctly; or
(c) a weather event, including hail or cyclone Damage,
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Scooter who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
Damage means:
(a) any damage to the Scooter 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, seats, or tyres that make the Scooter unroadworthy is not fair wear and tear.
Damage Cover means the cover for Third Party Loss as set out in clause 8 and subject to the Damage Cover Exclusions set out in clause 9.
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 Scooter has been stolen.
Direct Debit Service Agreement means the separate Agreement between You and Us pursuant to which the Rental Charges are automatically debited from Your cheque or savings account.
End of Rental means the date and time the Scooter is due to be returned to Us as shown in the Rental Agreement or the date and time the Scooter is returned to Us, whichever is the later.
GPS Tracking Device means a GPS or other device that is fitted to the Scooter that has electronic tracking capabilities to determine its location.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Scooter 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, 2.1, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.6, 5.7, 5.8, or 7.6 that causes Damage, theft of the Scooter or Third Party Loss.
Manual means any manual, provided by Us as to the operation, use, restrictions, guidelines, or safety instructions for the safe operation of the Scooter.
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, floodwaters, sand, deserts, rocks, fields, and paddocks.
Rental Charges means the charges payable for renting the Scooter 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 Scooter.
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 Scooters 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.
Scooter means the Scooter described in the Rental Agreement and includes its parts, components, tools and accessories, including the helmet where this is rented.
We, Us, Our, means Skootify Australia Pty Ltd ABN 66 630 679 097.
You, Your means the person, whether it is an individual, a firm or company that rents the Scooter from Us and whose name is shown in the Rental Agreement.