1. The vehicle described in Section (3) of the hire agreement is the property of the Lessor. The Hirer described in Section (1) and in the Declaration overleaf agrees to return the motorcycle together with all tyres, tools, accessories and other equipment in the same condition as received at commencement of this Rental Agreement to the place and on the date and time specified overleaf on the hire contract or sooner if demanded by the Lessor.
Your attention is drawn to the following:
Any damage to hire vehicle, punctures, parking fines, fixed penalty fines etc. are the sole responsibility of the hirer/rider whilst the machine is on hire. Any losses will be deducted from the deposit and at the end of the hire period, if the loss is greater than the balance of the deposit, an invoice will be raised and the amount will be deducted from the hirer’s account.
All accidents must be reported to About Town.
The Lessor agrees to let to the Hirer and the Hirer acknowledges that the motorcycle described in Section (3) of the hire contract is fit for his/her purpose. The Hirer confirms that he/she has been given adequate time and opportunity to carefully read the terms and conditions herein and agrees to be bound by them in their entirety.
2. During the rental period the Hirer shall keep the motorcycle together with its accessories, tools and equipment in his/her sole possession and free from any and all legal process or lien, and when not in use to adequately protect and secure it.
3. The motorcycle will not be used:
a) for the carriage of passengers for hire or reward.
b) for any unlawful purpose or in contravention of any Act, Order,
Regulation affecting the motorcycle or its use or construction.
C) to propel or tow any other motorcycle or trailer.
d) for racing, pacemaking, reliability trials or speed tesing.
e) to carry greater number of passengers and/or more baggage than recommended by the Manufacturer.
f) by any person other than the Hirer who has signed the Rental Agreement or who has been nominated as the Rider by the Hirer and approved by the Lessor.
g) by any person who has been convicted of any UT, DR, DD, MS, CD or 3 or more other driving offences.
h) by any person who has within the preceding period of five years been convicted of any BA, XX99 or TT99 offences.
i) by any person not holding a valid current licence, including where necessary or appropriate a CBT (Compulsory Basic Training) Pass Certificate.
j) by any person under 18 years of age, or over 69 years of age, unless authorised by the Insurer.
k) in any manner which may render the applicable insurance policy void.
I) outside England, Northern Ireland, Scotland or Wales without the Lessors consent: ln which event, adequate insurance for the purpose of Foreign use must, prior to any travel commitment or arrangement, be in force and the provision of same shall be subject to separate and additional insurance premium, payment of which shall fall to the Hirer.
m) the loading of the motorcycle should not exceed the limits laid down by the manufacturer.
n) for fast food delivery.
4. Where a person signing this Agreement purports to do so on behalf of another, they warrant that they are authorised to do so and in such case is deemed to act as Agent Universal, but in any event shall remain personally liable to the Lessor.
5. Neither the Hirer nor any servant as Agent of the Hirer is or may hold himself out to be the Servant or Agent of the Lessor for any purpose whatsoever.
6. The Hirer is not authorised to effect any repairs to the Vehicle nor to incur any cost on the Lessors Account without the Lessors express prior consent.
7. The Lessor is not and cannot be held liable for loss or damage to any property stored, transported in or on the motorcycle after it has been returned to the Lessors possession.
8. The Hirer expressly acknowledges personal liability to pay Lessor on demand:
a) the Rental due under this agreement together with, where specified, a mileage charge computed at the rates specified for the rental until the motorcycle is returned (the number of miles over which said motorcycle shall be operated under this Agreement shall be determined by reading the speedometer installed by the Manufacturers. If the speedometer fails, the mileage charge shall be calculated in accordance with the road map GPS data distance of the journey travelled).
b) time, and miscellaneous charges at the rates specified in this Agreement.
c) Lessors costs, including reasonable legal fees incurred in collecting payments due from the Hirer.
d) compensation for Lessors loss of use of the motorcycle whilst being recovered at the termination of this Rental OR whilst being repaired consequent upon any collision or other damage suffered before the motorcycle was returned to the Lessors place of business.
Fixed Penalties Fines etc.
9. The Hirer shall be liable as owner of the motorcycle in respect of: a) any fixed penalty offence committed in respect of that motorcycle
under Part 111 and the relevant schedules of the Road Traffic Offenders Act 1988 as amended by the Parking Act 1989 and as those provisions may be amended or replaced from time to time;
b) any excess charge which may be incurred in respect of the motorcycle in pursuance of an order under Sections 45 and 46 of the Road Traffic Regulation Act 1984 as amended by the Road Traffic Offenders Act 1988 and by the Parking Act 1989, and as those provisions may be amended or replaced from time to time;
c) any financial penalty or charge which may be demanded by any Person, Corporation or Authority as a result of the motorcycle being parked or left upon land which is not a public road.
d) The Hirer agrees that any fixed penalty fine or associated charge incurred by the Hirer whilst the vehicle was in his/her custody will be charged to the Hirer’s credit/debit card at a time during or subsequent to the hire or when such fines are received by the Lessor. The Hirer also agrees to pay an administration fee of £25 for each fine received payable to the Lessor for dealing with these matters.
Insurance provided by the Lessor
10. Unless the Hirer elects to provide own insurance,(cover note required), the motorcycle is, at all times, covered by the Lessors Insurance policy, the terms of which are available for inspection by the Hirer at the Lessors office.
10a. The Hirer shall, however, remain liable for any loss or damage to the motorcycle as a result of the wilful act or negligence of the Hirer, his agent(s) or servant(s) or any breach of the terms of the insurance policy and shall indemnify the Lessor from any third party claim, whether consequential or otherwise, which arises therefrom.
The insurance provided by the Lessor is relevant to the motorcycle described in section (3) of the hire agreement, it does not cover the Hirer/rider or pillion passenger for any personal injuries or losses if or however sustained.
In all quoted hire rates,the Lessor includes cover for Third Party,Fire and Theft risks. An option to upgrade to Fully Comprehensive cover is available at an additional cost of £30 per single days hire or £65 for up to 7 days cover to the Hirer, only at the time of collecting the vehicle. This option will limit the Hirers maximum liability to the amount of the security deposit in the case of the vehicle being damaged beyond the value of the deposit or rendered a total loss.
For machines of 125cc or less, the comprehensive insurance upgrade is charged at £20 per day to a maximum of £45 for 7 days cover.
The insurance provided does not cover for punctures or accidental breakages,such as mirrors,levers,footrests etc. A security deposit is required for each vehicle which will be used to compensate the Lessor for such damages and only to the amount of repair or replacement cost of such items.
The Hirer agrees to pay the Lessor a Security Deposit to be held in trust until the safe return of the rented machine and all supplied equipment. In the event of any damage or loss, the sum of the deposit will be used to compensate the Lessor for such repairs or loss as necessary. If the amount of these repairs or loss exceeds the value of the deposit,then an invoice will be raised to the Hirer for the additional costs incurred.
10b. If the Hirer elects to purchase optional Comprehensive Insurance cover at the Lessors prescribed rate,this option will limit the Hirers maximum liability to the amount of the Deposit held in trust by the Lessor, except in the case of the Hirer breaching sections 3 and 10a of this agreement. In the case of the rented machine being stolen and not recovered,the whole amount of the Deposit will be lost.
Hirers Obligations in the event of an Accident
11. The Hirer agrees to protect the interest of the Lessor and the Lessors Insurers in the case of an accident during the term of this Rental and shall immediately report to the Lessor any accident in which the motorcycle detailed and described in Section (3) of the hire agreement is involved and shall;
a) make every endeavour to obtain the names and addresses including vehicle licence plate details of all parties involved.
b) obtain the names and addresses of any witnesses.
c) not admit liability or guilt.
d) notify police immediately if another party’s guilt has to be ascertained and/or if people are injured.
e) ensuring adequate provision for safeguarding and securing the hired vehicle if deemed unfit to continue the journey.
f) provide the Lessor with a detailed written report, including diagram, on a “Particulars of Motorcycle Accident Report Form” obtainable from the lessor.
Data Protection Act 1984
The Lessor and Hireguard use a national database in conjunction with insurers to aid avoidance of;
b) multiple claims.
c) bogus hirers
and to monitor Hirer/drivers performance.
In compliance with the said Act Hireguard is the Data User and is accordingly licensed by the Data Protection Registrar, Registration Number N 0802 12 1.
Age Limits and Experience
The minimum age of all hirers/riders is 18 and the maximum age limit is 69.
All eligible hirers/riders must be in possession of either a full motorcycle driving licence or a provisional motorcycle driving licence along with a valid C.B.T. (Compulsory Basic Training) pass Certificate.
In addition, in the case of Hirers/Riders between the ages of 18 to 21, they must also be FREE from any conviction/endorsements and have an accident free record, other than proven non-fault incidents.
For Super Sport machines,OR machines of a capacity of 800cc or larger, Hirer’s/Riders must have held a full motorcycle licence for a minimum period of two years and be 30 plus years of age.
The Hirer must at all times establish the purpose and destination of any hire.
Specific attention must be given to this question, particularly just prior to Bank Holidays, other Public Holidays and the Summer Holiday periods.
Many motorcyclists are unaware of continental regulations and quite innocently board ferries to destinations on the continent.
vehicles are not to be taken abroad, without About Town’s express permission. Any vehicles leaving the UK without prior consent from the Lessor will not be covered under the Lessors insurance for use whilst abroad.
Continental extension must be requested, if required, when telephoning in order to extend your Insurance cover on vehicles travelling throughout the E.U. Additional insurance premium, in all such cases is to be paid by the Hirer. Rates for such foreign use are as follows: £85 per week or part thereof.
Any Hirer needing this extension can request a photocopy of About Town’s Certificate of Insurance which along with the Hire agreement form should be taken with them when travelling out side of the United Kingdom. The insurance cover is only valid for use within the European Union.
If the vehicle hired is to be used for film or media purposes,it is the sole responsibility of the Hirer to obtain permission from the relevant Council/Local Authority or Landowner for where such activities will take place. The Lessor cannot be held liable for any subsequent action taken due to proper consents not being obtained by the Hirer.
About Town operates a mileage policy applicable to all models over 125cc, whereby we include 200 miles per day (pro-rata) in the rental price. Any additional mileage is calculated from the speedometer reading and charged at a rate of 25 pence per mile. In the event of a failure of the manufacturers speedometer,the distance will be calculated from an ordinance map or GPS tracking system.
The Hirer may pre-purchase additional mileage at a discounted rate of 15 pence per mile,but only at the time of collection. However,any pre-purchased miles which are not used are non-refundable.
U.K. Hire to Foreign Nationals
About Town will also cover persons living abroad who wish to hire a motorcycle for use in the U.K.
All such persons, including pillion passengers, must each sign a Jurisdiction Clause.
An additional insurance premium fon non-EU licence holders in all such cases is to be paid by the Hirer at the following rate: £25
Couriers/ Dispatch Riders
About Town will also cover use by Couriers. Insurance Cover for this use is restricted to Third Party Only and is applicable for hire contracts spanning a minimum period of four weeks.
The following age restrictions per group band must apply.