Motorrad Adventures

Motorcycle Rental Agreement, Terms & Conditions of Hire

The present general conditions govern the contractual relationship between Motorrad Adventures (“the lessor”- and the client (“the lessee”-, under which the former grants to the latter the use of a motorcycle for the term, price, and other conditions set out in the rental agreement.

 

1- The client must be over the age of 21 and must have a valid unendorsed motorcycle license. Within reason, The Client warrants that they are accustomed to the operation of the motorcycle they are renting.

 

2- The client signing this agreement warrants that they will be the sole motorcycle rider for the duration of the rental period and that they shall not permit anybody else to take control of said motorcycle for any reason.

 

3- The client further warrants that they shall never operate said motorcycle under the influence of alcohol, medication or other unlawful substances as doing so can lead to imprisonment, confiscation of the motorcycle and serious injury or death.

 

4- In the event that there will be more than one rider then all riders must fill out and sign this form below and are deemed to be full parties to this agreement and accept all terms and conditions attached hereto.

 

5- Unless otherwise agreed the principle client undertakes that they will not do or cause anything to be done that in any way is in breach of this agreement. It is explicitly understood and agreed that the client rents said motorcycle purely for private use within the ambits of the law and said motorcycle will not be sub-rented or used for any commercial or competition purposes whatsoever without the express written consent of the lessor.

 

6- Where such consent is given, The lessor has in no way contracted with any possible 3rd party and all and any arrangements are then deemed to be between the client and such 3rd party whilst the client remains fully liable to the lessor in terms of this agreement.

 

7- Fuels and oils are not included in this rental agreement and as motorcycles are handed to the client with a full tank and oil at the correct level, the client is obliged to return the motorcycle with a full tank and oil will be checked, topped up and charged to the client if necessary upon return. The client is requested to check oil levels on longer tours regularly and if necessary, they are required to top up with the prescribed oil only. In the event of any doubt regarding this or any other problems please always call the lessor. Refuelling is with 95 unleaded petrol only. In the event the motorcycle is not fully fuelled upon return, a refuelling fee of R100 shall apply, plus the fuel amount, and will be charged to the client.

 

8- The client warrants that they are familiar with all rental charges, charges per kilometre as well as all and any penalty charges and/or discounts, and that these have been fully explained to them. They understand the same and undertake to return the motorcycle on the date and time as agreed between the parties.

 

9- Motorcycles must be collected and returned to the premises of the lessor but alternative arrangements can be made for delivery or collection of the motorcycle, which will be charged at current rates and agreed upon by the client.

 

10- The above rate applies in the event of an accident or if the client is unable to return to the lessor under their own power due to a malfunction caused by the client. In the event the malfunction is due to the lessor’s fault, such recovery of the motorcycle and client is at no charge.

 

11- In the event the client and motorcycle are outside the borders of South Africa ad hoc arrangements for collections and payments to suit both parties will be made. Please call the lessor.

 

12- In the event the client leaves his luggage/own transportation at the premises of the lessor whilst renting a motorcycle, the client acknowledges that they do so at their own risk and the lessor in no way accepts any liability for any loss or damages regardless of howsoever incurred whilst said luggage/transportation is parked with the lessor or one of their service providers.

 

13- Any rental extensions or late returns must be communicated to the lessor immediately. If such an event happens, please consider the following:

 

a- The lessor may have rented the motorcycle to the next party from a specific time & date.

 

b- Without due notification, the motorcycle is uninsured for the current client beyond the agreed return time and date which, by implication means the client will be fully liable for the motorcycle and all occurrences beyond the agreed time and date as set out herein.

 

c- In the event that the motorcycle is not returned to the lessor within 24 hours of the agreed time and date, and the lessor has not been contacted by the client in any way, the lessor will be obliged to contact the South African Police Services and Bike Track Vehicle Recovery Service in order to ascertain the whereabouts of the client and the motorcycle, upon which the lessor will resort to whatever means possible for the recovery of the motorcycle.

 

14- Under no circumstances may any motorcycle be taken beyond the territorial borders of the Republic of South Africa unless this has been specifically discussed and agreed upon with the lessor. In any event, the client will encounter major administrative problems should he attempt such a border crossing without the necessary documentation, which can only be provided by the lessor.

 

15- The client should note that the rental motorcycles, other than BMW GS models, are not suited for riding on untarred roads or off-road sections. As such, these motorcycles may not be ridden on gravel or dirt roads, as this also dramatically increases the risk of accidents, injury, or death. Please also note that, by law, helmets must be worn throughout South Africa and neighbouring countries.

 

16- Any traffic fines or other damages, repairs, etc., incurred to the motorcycle whilst under the control of the client shall be disclosed to the lessor upon the motorcycle being returned, and the paperwork or copies thereof relating to such fines, if any shall be handed to the lessor. In some cases, fines may not be evident to the client, as such fines may be the result of camera-operated speed controls, in which case the fine may only reach the lessor sometime after the expiry of the rental period. However, in all cases, the client shall remain liable for the payment of such fines, as well as a R500 administration fee. Should the client not pay such amounts owing to them, the client authorises Motorrad Adventures to redirect the fine onto the client’s name, providing the South African Metro Police traffic department with their home address, a copy of their passport/ID, and rider's licence.

 

17- Whilst the motorcycle is fully insured for normal operations, such insurance could be nullified in the event that the client operates the motorcycle recklessly, leaves it unlocked or uses it as contemplated in paragraphs 3 and 5 above. In such an event, the client becomes liable for all costs and liabilities arising from such a situation and hereby indemnifies the lessor against all and any claims that may be constituted against them, including third-party claims.

 

18- Both the client and the pillion acknowledge and understand the following:

 

18.1- The dangers associated with the riding of a motorcycle. The client and the pillion acknowledge and understand that the Lessor shall not be liable for any loss of, or damage to any property left or transported in or upon the motorcycle.

 

18.2- Accepts responsibility for any damages, whether consequential or otherwise, arising from any defect, mechanical failure, breakdown, or other circumstances relating to the motorcycle caused by either the client or the pillion.

 

18.3- Motorrad Adventures, its staff or any of its service providers shall not be liable for any loss or damages whatsoever arising out of any injury or death which may be sustained by the client and/or the pillion.

 

18.4- The client and the pillion hereby indemnify and hold the lessor harmless against all and any claims of whatsoever nature which may be brought by any passenger on the motorcycle or a third party arising from an incident involving the motorcycle, and without limiting the generality of the foregoing, irrespective of the negligence of the lessor and/or its employees or whether the motorcycle or any part thereof is defective.

 

19- In any event, the client hereby agrees and accepts that in the event of any insurance claim, a maximum excess, as stipulated on his bike rental estimation and/or bike rental invoice, shall apply, and that the client shall be responsible for such excess or any repairs or replacements as below, or to that amount, as well as a R2000 administration fee for any insurance claim.

 

20- The client also agrees that they rent the said motorcycle entirely at their own risk, and regardless of the circumstances or reasons, they hereby indemnify the lessor and all their employees or agents against all loss, damage, or injury to persons or property, even if the same occurred due to negligence or non-performance on behalf of the lessor or their employees or agents.

 

21- Bookings must be accompanied by an uploaded copy of the client’s ID book, passport or other acceptable means of identification, as well as a copy of their rider’s licence. This must be done online. The originals of which must be produced to the lessor upon the client collecting the motorcycle.

 

22- By signing this contract and supplying the lessor with their credit card details, the client automatically and irrevocably authorises the lessor to:

 

• Immediately upon receiving the client's documentation, debit a non-refundable booking deposit of 50% calculated on the full ascertainable value of the entire rental against the card in the event of a booking.

 

• Debit the full ascertainable balance of the rental against the client’s card 30 days prior to collecting the motorcycle.

 

• Debit all and any amounts contemplated if and when due, in paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 above against their card, regardless of how much time has elapsed before any such charges may come to light.

 

• In the event the lessor is unable to process the transactions as per a, b and c above, this contract is immediately revoked and null and void unless the client can affect another form of payment acceptable to the lessor.

 

• In the event, that any charges as contemplated in the paragraphs referred to in point c above come to light after the end of the rental period and the lessor is unable to use the client’s card for payment of the same, the client shall remain liable for all such charges and the cost of recovery thereof plus interest at the ruling prime rate until such a time as such outstanding amounts are fully settled.

 

23- In the event of any breach of contract or any dispute regarding the contract arising from this rental the client accepts that all and any costs arising from such a situation will be for their account.

 

24- Motorrad Adventures reserves the right to refuse any rental to safeguard itself, should this become necessary for any reason.

 

25- The client, any additional riders and pillions hereby undertake to:

 

• Exercise the utmost care and caution in the operation and use of the motorcycle

 

• Return said motorcycle in the same good condition in which it was received

 

• Abide and adhere to the terms and conditions of this agreement at all times.

 

26- As a guideline for the client, herewith is an indication of possible additional costs in the event that any rented motorcycles or items supplied as part of a rental are lost or damaged as a result of negligence. Please note that the following are just estimates and that the costs may vary. The below costs do not include labour for fitment or delivery fees of parts.

 

• Brake or clutch lever R1 800

• Mirror R2 500

• Screen R4 500

• Pannier or top box R6 500

• Keys R4 000

• Fender R2 500

• Engine Guard R3 500

• Indicator R1 200

• Body Part R4 500

• Panel Cover R5 000

• Crash bar set R4 500

• Wheel rim R11 000

• GPS device R12 000

• Seat R7 000

• Negligence to tyres R 3 500 per tyre. Please refer to the section below on tyres:

 

Tyres: All rented motorcycles will be fitted with good quality, fit-for-purpose front and rear tyres. All motorcycles will be supplied with a basic tyre repair kit, please familiarise yourself with it. Normal wear and tear is included in your rental fee, and you will not be charged for this. However should damage occur to a tyre through the negligence of the client, they will be liable for the full cost of replacement of the tyre.

 

Negligence from the client is outlined as any of the following:

 

• Deflating a tyre to a pressure outside a specification of the manufacturer

• Ignoring a tyre pressure warning signal and riding on a flat tyre

• Excessive wheel-spinning of the rear tyre

• Using an incorrect tyre for the terrain you’re travelling on

 

27- The client agrees to authorise the deduction of funds from the client’s credit card/bank account for the refundable insurance security deposit for the rented motorcycle and acknowledges and gives permission to Motorrad Adventures to authorise the security deposit amount of R25 000 (twenty-five thousand Rand). In the event of any accident or damages claim, the client authorises the immediate deduction of the said security deposit amount mentioned in the rental invoice and acknowledges that they will present the above credit card/bank account details upon receipt of the rented motorcycle. The client, out of their own free will, acknowledges and accepts responsibility for returning the motorcycle they hired in the same condition as when they collected it and is responsible for any damages that occurred during the entire rental period whilst the bike was rented by them.

 

28- Authorisation of the use of the above insurance security deposit for repairs to a damaged motorcycle: I, the undersigned, hereby acknowledge, authorise, and instruct Motorrad Adventures to debit my insurance security deposit upon verbal and/or written request, to a maximum of R 25 000 (twenty-five thousand Rand) for payment of the repair work of damages caused to the motorcycle while in my care for the duration of my rental period.

 

Explanation of our insurance security deposit:

 

The deposit amount (as per your invoice or estimation) will be taken from your bank account via means of a card payment link which will be sent to you. Your deposit is a guarantee held in the event of damage/theft of your motorcycle and the extras you may have rented. This will be refunded in 7 to 10 working days if there is no theft or damage during the rental period. If the motorcycle and/or any other equipment rented is lost, stolen or written off, the insurance security deposit will cover the excess insurance cost of replacement of the motorcycle and/or any other equipment. If any damage to the motorcycle and/or any other equipment is in excess of the insurance security deposit, the amount will be forfeited in its entirety.

 

The insurance security deposit is the maximum amount the insurance company claims to the limit of the extent of the damage. Any repairs or damage to the motorcycle that is less than the insurance security deposit is the rider's responsibility, due and payable by the rider from their insurance security deposit.

 

Please note that there is an administration fee of R550 that covers the cost of processing any insurance claim, including assessor fees, quote gathering, and legal services.

 

29- FORCE MAJEURE DEFINITION

 

The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the conditions, subject to the qualifying requirements:

 

Acts of God and casus fortuitous: physical, natural causes that cannot be foreseen or prevented and which, without limiting the generality of the aforesaid, include tornadoes, death, extraordinarily high tides, tidal waves, violent winds, storms, floods, earthquakes, earth tremors, volcanic eruptions, hurricanes, tornadoes, typhoons, cyclones, landslides, subsidence, lightning strikes, fire and other natural disasters.

 

Industrial action such as strikes and lockouts, riots, protests and protest actions, whether of a political nature or not.

 

War, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott.

 

Epidemic, pandemic or the outbreak of any other life and/or health-threatening diseases, whether infectious, contagious or not, or events such as the spillage of dangerous contaminants or severe air, water, soil or substance pollution.

 

Any other event that is due to an irresistible force, an unavoidable and external accident.

 

Breakdown of public services and amenities.

 

National and/or regional border closures and international, national and/or regional transport bans or restrictions, whether taken and/or implemented by the government of any country included in the client's travel itinerary.

 

30- DECLARATION

 

I, the undersigned, hereby acknowledge that I have read and understood the above terms and conditions of this rental agreement and hereby agree and consent to all contained therein and to be bound thereby. Please be sure to indicate the pillion and provide all relevant documentation for the pillion, as this is necessary for insurance purposes.

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Please fill out the form below with your details and upload the necessary documentation.