Freedom Hire

Motorcycle rental terms & conditions

The information below covers the full rental contract you will be required to sign at commencement of the rental period. We like to ensure you have as much information in advance of your rental as possible but if there is something that isn’t covered here that you would like to know, please contact us us with any queries.
 
  1. Parties

The following Terms and Conditions of hire are entered into between the cardholder and the person taking possession of the motorcycle / vehicle  (hereinafter jointly and severally referred to as “the hirer”) and Freedom Hire hereinafter referred to as “the owner”.

  1. Motorcycle / Vehicle Description

“The owner” will let “the hirer” rent the hire the vehicle / motorcycle detailed on the Rental Agreement. This and any other vehicle / motorcycle provided is hereinafter referred to as “the vehicle / motorcycle”.

  1. Authorised Drivers / Riders

Only those persons named as authorised drivers on the Rental Agreement shall be permitted to drive the vehicle / motorcycle(s) supplied under this agreement, and then only if those persons hold a current full drivers licence appropriate for the vehicle / motorcycle at the time that they are driving the vehicle / motorcycle. The minimum age for drivers is 21 years old.

  1. Terms of the Hire and Vehicle / Motorcycle Charges

      4.1 All rates include GST and standard loss or damage cover (refer to clause 12).

      4.2 The hire will terminate when the vehicle / motorcycle is returned to the Freedom Hire rental location specified in the rental agreement.

      4.3 The vehicle / motorcycle may not be driven outside pre-prescribed areas. After hours pick up or return is by prior arrangement only.                Unauthorised late return will attract a late return charge of $50 in addition to the daily rate (see clause 16.4).

4.4 Please phone us if you wish to extend, and if this is possible, we will always oblige. Vehicle / motorcycle hire charges are non-transferable. In the event that the hirer cancels or voids the agreement or returns the vehicle / motorcycle earlier than stated in the agreement, no refund generally applies (see clause 16.3 for further details).

  1. Other Products and Services

The owner agrees to arrange and the hirer agrees to purchase any additional products and services as detailed on the Rental Agreement.

  1. Total Charges for Other Products and Services

The hirer is responsible for the correct fitting and use of accessories. The hirer is liable for the full replacement cost up to $500 per item (relevant to the cost of the item) the event that any of these accessories are lost, stolen or damaged.

  1. Acceptance

7.1 The hirer agrees to be bound by all the Terms and Conditions of the rental agreement. The hirer acknowledges that he or she is liable for any excess owing due to damage of the rental vehicle / motorcycle except in certain circumstances (Refers clause 12 and 13 for details).

7.2 The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the agreement and that Freedom is authorised to charge any amounts owing to Freedom Hire under the Rental Agreement to this card. The hirer’s attention is drawn to clauses 12 to 18.

  1. Use of the Vehicle / Motorcycle

8.1 The Driver / Rider
The hirer:

  • (a) shall ensure that only the hirer or an authorised driver will drive the vehicle / motorcycle;
  • (b) shall ensure that the hirer and any authorised driver hold a current license to drive the vehicle / motorcycle and have been licensed to drive vehicle / motorcycles of the same category as the vehicle / motorcycle for at least 12 consecutive months; and
  • (c) agrees that they are responsible for the acts and omissions of an authorised driver or any other person the hirer allows to drive the vehicle / motorcycle and neither the hirer nor any unauthorised driver will have the benefit of any Loss or Damage Cover or optional coverage if the hirer allows an unauthorised driver to drive the vehicle / motorcycle and that unauthorised driver causes loss of or damage to the vehicle / motorcycle or damage to the property of a third person.

8.2 Use of the vehicle / motorcycle
The hirer and any authorised driver must:

  • (a) not use the vehicle / motorcycle in contravention of any law, including any regulations, rules or bylaws relating to road traffic;
  • (b) not sublet or hire the vehicle / motorcycle to any other person;
  • (c) not allow the vehicle / motorcycle to be operated outside the hirer’s authority;
  • (d) not drive, or allow the vehicle / motorcycle to be driven by any person, if at the time of driving, the driver is not the holder of a current full (non-probationary) drivers licence appropriate for the vehicle / motorcycle;
  • (e) not use, or allow the vehicle / motorcycle to be used, for any illegal purpose, or for any race, contest, rally, speed test or performance test of any kind;
  • (f) not use, or allow the vehicle / motorcycle to be used, to push anything;
  • (g) not carry, or allow the vehicle / motorcycle to carry, more passengers than may be properly accommodated by the seat belt restraints or seats provided in/on the vehicle / motorcycle;
  • (h) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the vehicle / motorcycle is driven;
  • (i) not, without Freedom Hire’s prior written consent, use or allow the vehicle / motorcycle to be used to carry passengers for payment of any kind;
  • (j) not use the vehicle / motorcycle when it is damaged or unsafe;
  • (k) provided it is reasonable in the circumstances to do so, not drive the vehicle / motorcycle after an accident or hitting an object (including an animal) until the hirer has obtained Freedom Hire’s approval to do so;
  • (l) not use the vehicle / motorcycle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the hirer’s cost) and in accordance with the manufacturer’s specifications and Freedom Hire’s recommendations;
  • (m) not, without Freedom Hire’s prior written consent, use the vehicle / motorcycle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
  • (n) not use the vehicle / motorcycle for the conveyance or towing of any load unless the hirer has obtained Freedom Hire’s prior written consent; the load is correctly loaded and secured and not in excess of that for which the vehicle / motorcycle was manufactured; for towing, the vehicle / motorcycle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the manufacturer’s specifications and Freedom Hire’s recommendations.

8.3 Where the hirer can and cannot drive the vehicle / motorcycle
Notwithstanding clause 4.3 the hirer and any authorised driver:

  • (a) may only use the vehicle / motorcycle on a road which is properly formed and constructed as a sealed, metalled or gravel road;
  • (b) must not, unless authorised in writing by Freedom Hire, drive or take the vehicle / motorcycle:
  •  
    • (1) To any island off the coast of Australia (i.e. Fraser Island or Magnetic Island), with the following exceptions:
  •  
      • a. Freedom Hire vehicle / motorcycles are permitted on Kangaroo Island (South Australia) & Bruny Island (Tasmania) under specific terms & conditions and approval from Freedom Hire Adelaide (for travel to Kangaroo Island) and Freedom Hire Tasmania (for travel to Bruny Island);
    • (2) into or out of the Northern Territory, Western Australia or Tasmania;
    • (3) on beaches or through streams, dams, rivers or flood waters; or
    • (4) in Queensland:
  •  
      • a. on Highway No.27 beyond Chillagoe in a westerly direction;
      • b. on Highway No.1 no further west than Minnamoolka at the junction with Highway No. 62;
      • c. beyond Cooktown to the north or Lakeland to the west and no further north than Cape Tribulation on the Cape Tribulation Road;
      • d. south on Shiptons Flat Road / Bloomfield Road / Helenvale Bloomfield Road / Rossville Bloomfield Road / Cape Tribulation Bloomfield Road from Helenvale to Cape Tribulation

8.4 In this agreement “manufacturer’s specifications” means the specifications of the manufacturer of the vehicle / motorcycle as set out in the vehicle / motorcycle’s operations manual located in the glove box of the vehicle / motorcycle, or as otherwise specified by Freedom Hire.

  1. The Hirer’s Obligations

The hirer shall ensure that:

  • (a) all reasonable care is taken when driving and parking the vehicle / motorcycle;
  • (b) the vehicle / motorcycle is locked and secure at all times when it is not in use;
  • (c) the keys are under the hirer’s or an authorised driver’s personal control at all times;
  • (d) all passengers in/on the vehicle / motorcycle comply with all applicable seat belt and child restraint laws;
  • (e) the vehicle / motorcycle is only filled with the fuel type specified in the manufacturer’s specifications;
  • (f) all the vehicle / motorcycle’s engine oils and engine coolant levels are maintained to the manufacturer’s specifications (provided that Freedom Hire has provided the vehicle / motorcycle to the hirer with engine oils and engine coolant at levels which reflect the manufacturer’s specifications);
  • (g) no person interferes with any part of the engine, transmission, braking or suspension systems; and
  • (h) no person smokes inside the vehicle / motorcycle.
  1. Activation of Warning Lights, Breakdown and Mechanical Repairs

10.1 If any warning light is activated or if the vehicle / motorcycle requires mechanical attention the driver must stop driving and contact either Freedom Hire or 24-hour Roadside Assistance.

10.2 The hirer shall not arrange or undertake any repairs or salvage without Freedom Hire’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle / motorcycle or to other property, in which case the hirer must promptly inform Freedom Hire of such repairs or salvage. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair. To the extent Freedom Hire cannot, acting reasonably, verify the cost of repairs, Freedom Hire will not reimburse the hirer. Please also refer to the information printed on the Freedom Hire additional information sheet supplied with the Rental Agreement for procedures relating to tyres and breakdowns.

10.3 If the vehicle / motorcycle becomes unfit to drive/ride due to a breakdown that was not the fault of the hirer, Freedom Hire will take you and the bike to a service centre. If the bike still can’t be fixed, then we will do our best to deliver a replacement bike of the same standard or higher, a refund to the hirer for rental charges that relate to the period during which the car/motorcycle could not be used, or a replacement was not available. Freedom Hire undertakes to arrange repair or replacement with another Freedom Hire vehicle / motorcycle as soon as practicable.

10.4 Freedom Hire will provide 24 hour roadside assistance for all inherent mechanical faults related to the vehicle / motorcycle (as reasonably determined by Freedom Hire or its authorised repairer) at no additional cost provided the fault does not arise from any authorised use of the vehicle / motorcycle in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions). For all other roadside assistance call outs including refuelling, jump starts, tyre related incidents (except for flat tyres that are caused by normal wear and tear), lost keys, keys locked in the vehicle / motorcycle or a flat battery due to lights or other electrical equipment being left on, the Roadside Assistance Fee will be charged unless the hirer has purchased optional Roadside Assistance Cover.

10.5 Roadside Assistant Cover does not apply if the vehicle / motorcycle has been used in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions), or for any additional amounts payable under clause 13.1.

10.6 “Roadside Assistance Cover” means the following services for the payment of the Roadside Assistance Cover Fee specified in the rental agreement; refuelling up to 6 litres where the hirer runs out of fuel, changing flat tyres, provision of spare keys where the hirer loses the keys to the vehicle / motorcycle, unlocking the vehicle / motorcycle where the hirer locks the keys in the vehicle / motorcycle, and provision or a replacement battery or “jump start” where the vehicle / motorcycle has a flat battery due to the hirer leaving the lights, air conditioning, entertainment system(s) or other electrical equipment running while the ignition is off. “Roadside Assistance Fee” means a minimum charge of $250 (plus GST), or such other amount as reasonably determined by Freedom Hire having regard to the roadside assistance callout event (for example: a lost key can cost in excess of $500 plus GST to replace.)

  1. Accidents and Claims

11.1 In the event of an accident the hirer shall:

  • (a) notify Freedom Hire of the full circumstances as soon as practical;
  • (b) promptly notify the Australian Police if the accident involves injury, or otherwise if required by law;
  • (c) record full details of all parties, witnesses to and vehicle / motorcycles involved in the accident;
  • (d) if possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, the hirer must obtain a copy of the Police report.
  • (e) where practical take pictures of the accident scene, including the damage to all vehicles
  • (f)  when requested supply all information to Freedom Hire and their representatives.

11.2 In the event of an accident the hirer shall not:

  • (a) make any admission of liability, except to the extent that the hirer is required to provide a statement to the Police;
  • (b) arrange or undertake any repairs or salvage without Freedom Hire’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle / motorcycle or to other property in which case the hirer must promptly inform Freedom Hire of such repairs or salvage.

11.3 If an accident is the fault of the hirer and the accident renders the vehicle / motorcycle unfit to drive, Freedom Hire, its Agents, Assigns and Contractors are under no obligation to replace or supply another motorcycle for the completion of the journey and no compensation can be claimed by the hirer for the unused portion of the hire period. Freedom Hire shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. If Freedom Hire offers the hirer an alternative vehicle / motorcycle, the vehicle / motorcycle shall be made available at a Freedom Hire branch, not delivered to the accident location. If the hirer is at fault, Freedom Hire reserves the right to provide the replacement vehicle / motorcycle subject to an increased hirer’s liability.

11.4 Where an accident or the use of the vehicle / motorcycle by the hirer or any other person results in a claim (“Incident”), or where damage or loss is sustained to the vehicle / motorcycle or the property of any third party, the hirer must ensure that the hirer, or any authorised driver:

  • (a) promptly reports the Incident in writing to Freedom Hire;
  • (b) does not, without Freedom Hire’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;
  • (c) permits Freedom Hire or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in the hirer’s name in relation to the Incident;
  • (d) completes and furnishes to Freedom Hire within a reasonable time any statement, information or assistance which Freedom Hire, or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

11.5 Freedom Hire will meet the hirer’s reasonable out-of-pocket expenses in complying with clause 11.4(c) or 11.4(d).

11.6 If the hirer does not comply with clause 11.1(a) or 11.4(a), and Freedom Hire is unable to investigate the accident or Incident, Freedom Hire will, if it is reasonable to do so, debit all charges to the hirer’s account pending receipt of the hirer’s report about the accident or Incident.

  1. Insurance (Loss or Damage Cover)

12.1 Subject to this clause 12 and clause 13, the hirer is liable:

  • (a) for the loss of, and all damage to, the vehicle / motorcycle (including its parts, components, accessories and contents); and
  • (b) for all damage to the property of any person:
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(1) which is caused or contributed to by the hirer or any person the hirer allows to drive the vehicle / motorcycle; or

    • (2) which arises from the use of the vehicle / motorcycle by the hirer or a person the hirer allows to drive/ride the vehicle / motorcycle.

This clause 12 does not apply to any damage or loss for which Freedom Hire is liable to the hirer under this rental agreement.

12.2 Subject to clauses 12.3, 12.5 and 13, Freedom Hire waives the hirer’s liability under clause 12.1 for damage to, or loss of, the vehicle / motorcycle and will ensure that the hirer and any authorised driver are entitled to be indemnified under the Freedom Hire Insurance Policy if:

  • (a) The hirer accepts Collision Damage Waiver Cover or Premium Collision Damage Waiver Cover (which is included in the hirer’s total rate); and
  • (b) The hirer pays the Excess Amount for each separate event involving:
    • (1) Damage (including hail damage) to, or loss of, the vehicle / motorcycle; or
    • (2) Damage to the property of any third party which is caused by the use of the vehicle / motorcycle by the hirer or an authorised driver.

12.3 In the event of an unintended collision between the vehicle / motorcycle and any other object, including another vehicle / motorcycle, during the rental period that results in damage to the vehicle / motorcycle or to the property of any third party, Freedom Hire waives the hirer’s liability under clause 12.1 and will ensure that the hirer is entitled to be indemnified under the Freedom Hire Insurance Policy, and Freedom Hire will refund the hirer any Excess Amount the hirer has paid to Freedom Hire, provided that, acting reasonably, Freedom Hire receives an admission of liability and indemnity from the at fault driver and/or their insurers:

  • (a) the hirer and any authorised driver hold a current drivers licence;
  • (b)the hirer has provided Freedom Hire with any details of the incident that Freedom Hire reasonably requests including:
    • (1) the name, residential address, contact phone and licence number of any person involved;
    • (2) the registration numbers of all vehicle / motorcycles involved;
    • (3) an accurate description of the incident and location; and
    • (4) the names of any attending police officers and the stations at which they are based; and
  • (c) the hirer has supplied or Freedom Hire has established the name of the insurer of any third party the hirer believes was at fault and Freedom Hire has been paid by the insurer for the loss or damage.

12.4 If clause 12.3 applies, Freedom Hire will debit the hirer’s account with the applicable Excess Amount at the time of loss of, or damage to, the vehicle / motorcycle, however when Freedom Hire has been paid by the insurer of a third party for the loss or damage, Freedom Hire will, within a reasonable period of time, refund the hirer the Excess Amount the hirer paid.

12.5 Freedom Hire does not waive the hirer’s liability under clause 12.1, and the hirer will be liable, where the damage, injury or loss arises when:

  • (a) The driver of the vehicle / motorcycle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle / motorcycle or has a blood alcohol content that exceeds the legal limit in the State or Territory in which the vehicle / motorcycle is driven;
  • (b) The vehicle / motorcycle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle / motorcycle;
  • (c) The vehicle / motorcycle is operated in contravention of clause 8.2 of this agreement (save, in respect of clause 8.2(a), for minor infractions) and such contravention contributed to the damage, injury or loss;
  • (d) The vehicle / motorcycle is driven by any person who is not an authorised driver named on the agreement and that unauthorised driver causes loss of or damage to the vehicle / motorcycle or damage to the property of a third person;
  • (e) The vehicle / motorcycle including its accessories and spare parts is wilfully or recklessly damaged by the hirer or any other person named on the agreement or driving the vehicle / motorcycle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person;
  • (f) The vehicle / motorcycle is operated off-road, or on any beach;
  • (g) The vehicle / motorcycle including its accessories and spare parts is damaged as a result of submersion in water, including through streams, dams, rivers or flood waters;
  • (h) The vehicle / motorcycle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks or bicycle racks;
  • (i) The vehicle / motorcycle including its accessories and spare parts is damaged by any item carried inside or outside the vehicle / motorcycle, such as a surfboard or bicycle; or
  • (j) The vehicle / motorcycle is operated outside the prescribed area of use in Fig. 1 or not in accordance with clause 8.3.

12.6 If clause 12.1 or 12.2 applies, the hirer must pay to Freedom Hire, or Freedom Hire may debit the hirer’s account with, the Excess Amount at the time of loss of, or damage to, the vehicle / motorcycle pending Freedom Hire’s assessment of the loss and damage and, if available, the repair of the vehicle / motorcycle, subject to the hirer’s right to a refund under clause 12.7.

12.7 If the amount determined by Freedom Hire and paid by the hirer under clause 12.6 exceeds the final costs of the loss, damage or repair, Freedom Hire will refund the difference to the hirer within a reasonable period of time. Freedom Hire will provide details to the hirer of the final costs of the loss, damage or repair on request by the hirer within a reasonable period of time. For the purpose of calculating any refund under this clause 12.7, Freedom Hire will add the Recovery Costs to the amount of costs of damage and repair to the vehicle / motorcycle, as well as the loss of use costs associated with the period of time the vehicle / motorcycle was off the road.

12.8 Where the hirer is required to pay Freedom Hire under this clause 12 or clause 13, the amount the hirer must pay for any loss, damage, repair, cost of fee:

  • (a) may be reasonably determined by Freedom Hire; and
  • (b) in relation to damage to the vehicle / motorcycle, is the lesser of the cost of repairs to the vehicle / motorcycle or the market value of the vehicle / motorcycle at the time of the damage.

12.9 If this clause 12 applies, and the total of the Recovery Costs and the costs and fees that the hirer must pay under this clause is greater than the Excess Amount, you must pay the difference to Freedom Hire, or Freedom Hire may debit the hirer’s account with, the difference.

12.10 In this agreement:

  • (a) “Freedom Hire Insurance Policy” means a policy of liability insurance held by Freedom Hire for the hirer’s and any authorised driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the vehicle / motorcycle by the hirer or an authorised driver;
  • (b) “Collision Damage Waiver” / “Premium Collision Damage Waiver” means the cover which reduces the hirer’s financial responsibility for loss or damage to the vehicle / motorcycle to the Excess Amount
  • (c) “Recovery Costs” means any appraisal costs and any towing and storage costs which are actually and reasonably incurred, plus a reasonable administrative fee reflecting the costs of making arrangements for repairs and towing and other administrative activities, plus Loss of Use costs for the time the vehicle / motorcycle is off the road.
  1. Hirer’s Liability for Damage

13.1 Even if the hirer accepts the Collision Damage Waiver Cover or Premium Collision Damage Waiver Cover, and pays for any optional coverage, the hirer must always pay to Freedom Hire the full amount of the following costs and fees:

  • (a) The cost of repairing any:
    • (1) Overhead damage or underbody damage (including, without limitation, damage which occurs if the hirer drives the vehicle / motorcycle into a bridge, a tunnel, a tree or the roof or boom gate of a car park; or damage to the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds);
    • (2) Any and all damage to the vehicle / motorcycle (including windscreens and tyres) or to the property of any third party caused deliberately or recklessly by the hirer or any other driver of the vehicle / motorcycle or a passenger carried during the rental period and associated Recovery Costs;
    • (3) Damage to an accessory not attributable to normal wear and tear;
    • (4) Damage associated with the incorrect use of or contamination of fuel (diesel or petrol);
  • (b) The cost of replacing, if lost or stolen, an accessory (including cost of replacement of lost or stolen car keys);
  • (c) The cost of recovering a car / motorcycle that has become bogged or immovable (in circumstances where it is the hirer’s fault that the car has become bogged or immovable);
  • (d) Costs arising under clause 14; and
  • (e) If you have breached the rental agreement (save, in respect of clause 8.2(a), for minor infractions), a per day amount for loss of use of the vehicle / motorcycle by Freedom Hire during the period the vehicle / motorcycle is off fleet for repair, based on the actual downtime of the vehicle / motorcycle (or, where the actual downtime of the vehicle / motorcycle is not known, a reasonable estimate of that downtime), provided that the hirer’s breach has caused the downtime of the vehicle / motorcycle. This per day amount is charged at the daily rental rate for the vehicle / motorcycle hired.

13.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.

13.3 In this agreement:

  • (a) “Overhead damage” means damage (excluding hail damage) to the vehicle / motorcycle above the top of the door seal or the top of the front and rear windscreens, or damage to third party property, caused by the vehicle / motorcycle coming into contact with any thing overhanging or obstructing its path, objects being placed on the roof of the vehicle / motorcycle, or the hirer or any person standing or sitting on the roof of the vehicle / motorcycle;
  • (b) “Underbody damage” means damage to the vehicle / motorcycle caused by the vehicle / motorcycle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Freedom Hire considers, acting reasonably, that the driver of the vehicle / motorcycle is reasonably at fault for that damage.

 

 14. Hirer’s Liability for Cleaning Charges

14.1 If the vehicle / motorcycle is returned in an excessively dirty condition that, in Freedom Hire’s reasonable view, requires extraordinary cleaning or de-odorising (including any professional cleaning or smoke extraction), the hirer is liable for the full cost of this cleaning or repair, a reasonable administrative fee reflecting the cost of making arrangements for cleaning or de-odorising and, if the hirer has breached the rental agreement, a per day loss of revenue fee based on the actual downtime of the vehicle / motorcycle. Such charges include but are not limited to cleaning of:

  • (a) spillage of fluids such as drinks, milk, oil, paint, etc.;
  • (b) perishable food;
  • (c) removal of hair, stains and odours due to animals in the vehicle / motorcycle;
  • (d) fish and associated smells;
  • (e) vomit;
  • (f) cigarette/cigar smoke smells.
  1. Petrol and Other Fuel

15.1 The hirer is responsible for the cost of fuel used during the hire.

15.2 In the event that the vehicle / motorcycle is returned with less than a full tank a $25 refuelling surcharge applies. The hirer is liable for the cost to refuel the vehicle / motorcycle and the refuelling surcharge. For the purposes of this clause, the fuel level of the vehicle / motorcycle at the time the hirer returns it to Freedom Hire is determined by visual inspection by Freedom Hire of the vehicle / motorcycle’s fuel gauge.

15.3 The hirer must fill the vehicle / motorcycle only with the fuel type specified in the manufacturer’s specifications.

 

  1. Return of the Vehicle / Motorcycle and Termination of the Hire

16.1 The hirer shall, at or before the expiry of the term of hire, return the vehicle / motorcycle (including car keys and all accessories) to the location specified in on the agreement, or obtain Freedom Hire’s consent to the continuation of the hire. Requested changes to the return date and time and/or return Freedom Hire location are subject to vehicle / motorcycle availability and additional rental costs and may not always be possible. The hirer must return the vehicle / motorcycle in the same condition as it was at the commencement of the rental period, fair wear and tear excepted.

16.2 If the hirer tells Freedom Hire that the hirer wants to return the vehicle / motorcycle to a location other than that stated on the rental document, Freedom Hire will advise the hirer of the amount of the ‘one way fee’ that the hirer will incur. If the hirer returns the vehicle / motorcycle to a different Freedom Hire location than the location specified on the agreement without Freedom Hire’s prior consent the hirer must pay a ‘one way fee’ of up to $250 reasonable administrative fee, plus $0.50 per kilometre to be determined and paid at the end of the rental period (which may be a significant amount), reflecting the cost of making arrangements for return to a different Freedom Hire location. The hirer will also be liable for any rental charges calculated under clause 16.4.

16.3 Freedom Hire has the right to terminate the agreement and repossess the vehicle / motorcycle (and for that purpose enter any premises and remove the vehicle / motorcycle) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the vehicle / motorcycle, including towing charges actually incurred, in any of the following circumstances:

  • (a) The hirer is in breach of any material term of this agreement and has not remedied that breach after notice to do so;
  • (b) The hirer has obtained the vehicle / motorcycle through fraud or misrepresentation;
  • (c) The payment for the rental is 3 days in arrears;
  • (d) The vehicle / motorcycle appears to be abandoned;
  • (e) The vehicle / motorcycle is not returned on the agreed return date;
  • (f) The vehicle / motorcycle is damaged or involved in an accident during the rental period, in either case due to the fault of the hirer; or
  • (g) Freedom Hire considers, on reasonable grounds, that:
    • (1) damage to the vehicle / motorcycle or injury to persons or property is likely to occur in either case due to the fault of the hirer;
    • (2) the vehicle / motorcycle may be used for an unlawful purpose; or
    • (3) the vehicle / motorcycle may be involved in an industrial dispute.

If Freedom Hire terminates or repossesses the vehicle / motorcycle in accordance with clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g) the hirer has no right to a refund of any part of the rental charges. If Freedom Hire terminates or repossesses the vehicle / motorcycle in accordance with clause 16.3(f), Freedom Hire will offer the hirer a refund or a replacement vehicle / motorcycle, at Freedom Hire’s discretion. The termination of the hire under this clause shall be without prejudice to the other rights of Freedom Hire under this agreement or otherwise. Rental Agreement Terms & Conditions The reference in clause 4.4 to ‘voids the agreement’ means circumstances where Freedom Hire has exercised its right of termination in clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g).

16.4

  • (a) If the hirer returns the vehicle / motorcycle on a date or at a time, or to a place other than that shown on the rental document, the rates shown on the rental document will not apply and you must pay the rate that in the circumstances is reasonably applicable for the vehicle / motorcycle for the rental period (which is likely to be higher than the rates shown in this agreement), plus, if late, the late return charge specified in clause 4.3.
  • (b) The hirer acknowledges that Freedom Hire may have rented the vehicle / motorcycle to another customer from the period after the hirer is due to return the vehicle / motorcycle, and if the hirer does not return the vehicle / motorcycle by the date and time specified on the rental agreement and does not extend the rental in accordance with clause 4.4, Freedom Hire may be required to make alternative arrangements to provide a replacement vehicle / motorcycle for such customers. The late return charge in clause 4.3 is intended to be a reasonable administrative fee in these circumstances.

16.5 If the hirer does not return the vehicle / motorcycle on the date and by the time shown on the rental agreement (or any extended date and time agreed with Freedom Hire) then:

  • (a) after written notice to the hirer and if the location of the vehicle / motorcycle is unknown, Freedom Hire may report the vehicle / motorcycle as stolen to the police; and
  • (b) the hirer must pay all charges (including any additional rental charges) and compensate Freedom Hire in accordance with clause 12 for any loss Freedom Hire suffers (including all reasonably additional costs Freedom Hire incurs in recovering the vehicle / motorcycle) up to the time the vehicle / motorcycle is recovered by Freedom Hire. For the avoidance of doubt, if the hirer reports the vehicle / motorcycle as stolen to the police and to Freedom Hire, the hirer will not be charged for rental charges after that date.

 

  1. Calculation of Charges

17.1 Freedom Hire calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. An extra day is charged after allowing a grace period of 1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of unauthorised late return.

17.2 Extensions authorised by Freedom Hire are charged at the same daily rate as the original rental.

17.3 All transactions under this agreement are calculated in Australian dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. Freedom Hire accepts no liability for any such variations.

 

  1. Tolls and Infringement Fees

18.1 The hirer must pay all parking, speeding and traffic infringements and tolls in respect of the vehicle / motorcycle during the rental period.

18.2 If Freedom Hire receives an Unpaid Toll Notice relating to the period the vehicle / motorcycle was on hire, an administration fee of $40.00 will be charged in addition to the toll fee.

18.3 If Freedom Hire receives notice of a speeding, parking or other traffic infringement relating to the period the vehicle / motorcycle was on hire, Freedom Hire will complete a statutory declaration nominating the hirer as the driver of the vehicle / motorcycle and an administration fee of $40.00 will be charged.

 

  1. Representations

19.1 The hirer acknowledges that Freedom Hire relies on the truth of the hirer’s representations in this agreement.

 

  1. Personal Injury, Personal Property and Storage of Property

20.1 Freedom Hire recommends that all people travelling in Australia take out Personal Travel Insurance.
To the extent permitted by law, Freedom Hire does not accept any liability for:

  • (a) personal injuries sustained during the rental;
  • (b) damage or loss of the hirer’s personal property;
  • (c) property belonging to any other person which is carried or left in the vehicle / motorcycle, except to the extent that Freedom Hire’s acts or omissions have caused or contributed to such loss.

20.2 In the event that the hirer or any other person leaves any property in the vehicle / motorcycle after its return to Freedom Hire or otherwise with Freedom Hire for any reason this is at that person’s own risk and Freedom Hire will not, unless Freedom Hire is negligent or fraudulent, accept any liability for damage or loss to that property.

 

  1. Claims Against Third Parties

21.1 Freedom Hire is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss. Freedom Hire will provide an invoice for any amount paid to Freedom Hire by the hirer. Freedom Hire will only provide repair quotes, police reports, photographs or any other information to the hirer if requested by the hirer and if it is reasonable for Freedom Hire to do so.

21.2 In the event that the hirer believes that their credit card issuer will cover the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the relevant sum directly to Freedom Hire and Freedom Hire will provide an invoice for the sum paid.

 

  1. Personal Property Securities Law

22.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (“PPSA”) – “financing statement”, “interested person”, “register”, “proceeds”, “security agreement” and “security interest”.

22.2 The hirer acknowledges that:

  • (a) by renting the vehicle / motorcycle from Freedom Hire, the hirer may be granting a security interest in the vehicle / motorcycle (and any proceeds) to Freedom Hire, and that this Rental Agreement may constitute a security agreement;
  • (b) any security interest arising under this Rental Agreement attaches to the vehicle / motorcycle when the hirer obtains possession of the vehicle / motorcycle and not at any other time; and
  • (c) Freedom Hire may perfect its security interest by lodging a financing statement on the PPSA register.

22.3 Freedom Hire does not need to give the hirer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded. The hirer must do anything reasonably required by Freedom Hire to enable Freedom Hire to register its security interest, with the priority it requires, and maintain the registration.

 

  1. Documents Required

All hirers must bring your drivers / motorcycle license with you when hiring a vehicle / motorcycle, overseas clients must also bring your passport as well. All clients must bring a suitable credit card (Visa or Mastercard) for the processing of the security deposit at the time of hire vehicle / motorcycle collection.

Your drivers / motorcycle license must show your entitlement clearly or be printed in English, otherwise in addition to the documents above you will also need an International Drivers Permit (IDP). More information about the document requirements for riding in Australia can be found here.

 

  1. Cancellation Policy

In the event of a cancellation the following fees apply:

  • Over 30 days prior to the start date – No Fee
  • 6-30 days prior to the start date – 50% of the total fee
  • 2-6 days prior to the start date – 80% of the total fee
  • 48 hours or less – 100% of the total fee

There is an administration fee of AU$100 per vehicle / motorcycle for bookings cancelled within 72 hours of being made. The 20% deposit is the fee for cancelled bookings made between 4 and 30 days prior to collection. Normal terms above apply for bookings made 30 days or more prior to collection.

If the booking is for a one-way trip from one city to another (e.g. Perth to Melbourne) and the bike has left Melbourne on its way to the other city (Perth in this example) and the cancellation comes after the bike has been shipped (typically 2 weeks before the pickup date) then the one way fees are paid in full in addition to the cancellation cost.

We strongly recommend that you obtain trip cancellation insurance from an insurance company. You can see more information in our insurance section. The cancellation policy is explained fully here.

Should there be a cancellation due to Covid 19 Government restrictions -Freedom Hire will refund your deposit or you can use it against a future booking within 18 months of the original start date. For the above to apply, your notification must be received 7 days prior to the hire start date and 14 days prior to Self-Guided Tours.

Where we have booked Hotels on your behalf, the cancellation policy applicable will that of the relevant Hotel / Motel / Campsite.

 

  1. Consumer Rights Statement

All of the hirer’s rights set out in this Rental Agreement are in addition to the hirer’s rights as a consumer (“Consumer Rights”) under applicable consumer protection legislation, including the Australian Consumer Law. A hirer’s Consumer Rights are not excluded, restricted or modified by this Rental Agreement. A hirer can find out more about Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.