1. Booking Application
By sending off the booking application the customer makes
"Bike Tours Australia Pty. Ltd." (ABN 050 656 409) and "Car Connection"
(CAN 12 050 656 409) respectively (in the following referred to as "BTA/CC”)
a legally binding offer for a travel/hire contract. A booking application is
only possible in writing with the booking form on our website or via e-mail,
fax, or mail. The customer then receives a confirmation of the booking, upon receipt
of which the contract is binding for both parties. The confirmation of the
booking contains the binding price for the booked trip or vehicle.
Should the confirmation of the booking differ from the
content of the booking application, "BTA/CC" is thus bound to this
offer for 10 days. The travel contract is agreed upon on the basis of this new
offer, if the customer’s acceptance is confirmed within this deadline, which
can also result from payment of the deposit or full payment of the price of the
trip.
By sending off the booking application the customer acknowledges
these terms and conditions and contents of the application form as legally
binding for all persons listed in the form.
2. Performance and Prices
The scope of the performance to be brought by
"BTA/CC" is laid down in the travel brochure etc., which is valid for
the travel period on the day of booking, and also in the booking confirmation.
Alterations to or individual travel performance aspects
deviating from the agreed terms of the travel contract, which are deemed
necessary after the conclusion of the contract and which are initiated in good
faith by "BTA/CC" are permissible, in as far as the alterations or
deviations are not substantial and do not impair the booked journey as a whole.
Possible warranty claims remain valid in as far as the changed performance is
deemed to be deficient. "BTA/CC" is obliged to immediately inform the
customer of any changes on or deviations pertaining to the performance.
Price alterations after a contract is made are allowed
for legitimate, substantial and unforeseeable reasons (increases in fuel
prices, taxes, fees, duties, tariffs etc.) inasmuch as the factual reasons
justify the extent of the change in price, if the time between the conclusion
of the contract and the agreed beginning of the journey is more than 4 months.
In such cases the customer will receive notification without delay, however no
later than three weeks before the journey begins. Price increases are not
allowed after this point in time. In the case of a price increase of over 15%
of the travel costs the customer is entitled to withdraw from the travel
contract within a deadline of 10 days without incurring any cancellation
charges.
All prices quoted in the booking confirmation include -
unless otherwise specified - GST (Goods and Services Tax) to currently 10% as
well as all other taxes and duties. GST is an Australian Federal Government
imposed tax. "BTA/CC" reserves the right to amend GST upon Government
intervention.
All rental prices include ( unless otherwise specified
or agreed):
- Pick-up Service from Melbourne – Tullamarine Airport
(for long-term rentals from 3 weeks)
- First-night accommodation in Castlemaine
(for long-term rentals from 3 weeks)
- Unlimited kilometres
- Extra driver fees
- Vehicle registration surcharge
- General equipment (e.g. tools and basic
spare parts, such as water hose, V-belt, jack etc)
- road atlas of Australia
- comprehensive advise and insider tips for
the trip and about attractions
- planning of the route free of charge (only
applicable to long-term rentals from 3 weeks; for a detailed route without
booking a vehicle a fee of AUD 250.00 applies)
Bushcamper and Campervan rentals in addition:
- Kitchen equipment (includes crockery,
cutlery, pots, frying pan, teapot, bottle/can opener, chopping board etc.)
- General equipment (includes clothesline and
pegs, dustpan and brush, bucket, water hose, fire extinguisher, matches, power
cable etc.)
- Full gas bottles
Rental basis is per calendar day.
Guided tours in addition (unless otherwise specified or
agreed):
- Pick-up service from airport
- City sightseeing tour on arrival
- English/German speaking tour guide
- Breakfast and dinner and cook during the
tour prepared in our bush kitchen
- Tent accommodation during the tour
- Transport of luggage in support vehicle
- Servicing of the vehicles during the tour
- Repairs of the vehicles during the tour, if not
caused by the customer
Participants of a guided tour are entitled to rent the
tour vehicle before or after the tour to reduced rates. Prices upon request.
All rates and conditions are subject to change as
required and without prior notification.
3. Payment
On conclusion of the contract a deposit of AUD 300.00 is
required per person (guided tours) and per vehicle rented respectively. In case
of taking-over of the vehicle at another place than Castlemaine, the deposit is
50% of the total rental amount, but at least UD 1,000.00. This deposit has to
be paid within 8 days after receipt of the booking confirmation at the latest.
The entire residual amount must be paid six weeks
before the beginning of the journey (guided tours) or upon picking up the
vehicle (rentals) respectively. The complete payment of the travel price is the
prior condition for the provision of the travel documents and the vehicle.
Where a rental vehicle is taken over at another place than our depot in
Castlemaine, the full rental amount is due 7 working days before the rental
commences.
Where the deposit or the complete travel price is not
paid within the above-mentioned deadlines, "BTA/CC" is entitled to
cancel the booking.
Payment can be made by credit card (Visa or Mastercard),
cash or by direct payment to the following account (all transfer costs are
payable by the customer):
Account holder: Bike Tours Australia Pty.
Ltd.
Bank: ANZ Bank Castlemaine
Branch number: 013 560
Account number: 4908 295 82
SWIFT: ANZBAU3MXXX
The payment should indicate the name of the customer as
well as the tour and vehicle booked respectively.
Credit card payments are not subject to any surcharges.
The customer must be the credit card holder and must be present and able to
sign for the amount due upon vehicle collection. The credit card holder is
jointly and severally liable as a customer. It is important that the customer
has the funds available on the credit card and that the amount does not exceed
the customer’s daily withdrawal allowance available on the card.
Upon vehicle collection, a bond is required. For the
amount of the bond, please refer to our website. Part of the bond, the amount
of AUD 1,500.00 has to paid upon pick-up of the vehicle either in cash or with
credit card. The remainder of the bond is taken as an imprint to the customer’s
credit card and the customer’s credit card will not be charged with this part
of the bond unless required.
All credit card transactions are conducted in
Australian dollars. Due to exchange rate fluctuations and/or bank transaction
fees there could be some variance in the amount refunded compared to the amount
initially charged. "BTA/CC" does not accept any liability for variances
up or down.
4. Cancellation by the
Customer, Booking Changes
The customer can cancel their booking at any time
before the scheduled start of the tour. In this case, "BTA/CC" is
entitled to charge a cancellation fee as follows:
- 60 days and more prior to the start of the
trip 20%
- 59 to 31 days prior the start of the trip 30%
- 30 days and less prior to the start of the
trip 50%
of the individual tour/rental price.
These cancellation fees also apply for no-shows.
Changes in booking are possible free of charge
depending on the availability of the vehicle desired.
"BTA/CC" strongly recommends to take out a travel
cost cancellation insurance.
In all of the cases mentioned above the customer has the
right to provide "BTA/CC" with proof of damage less than the amount
stated.
5. Cancellation by
"BTA/CC"
"BTA/CC" reserves the right to withdraw from
the contract if the number of participants required for the trip of 4 persons
(guided tours only) is not attained or when the obligation to carry out the
contract would mean for "BTA/CC" that despite exploiting all possible
avenues open to them the extent of economic sacrifice with regard to the
contract would be excessive. The latter, however, does not apply when
"BTA/CC" is itself responsible for the situation. In such cases the
customer will be immediately informed as soon as the grounds for not
accomplishing the contract arise and all advance payments will be returned. The
customer is not entitled to any further claims in this case.
Furthermore, "BTA/CC" reserves the right to
refuse to give the vehicle to customer if, e.g. the customer is not able to
present a valid driving licence or the staff of "BTA/CC" judges the
customer to have insufficient experience with the vehicle to drive the vehicle
safely.
6. Liability
"BTA/CC" is liable within the scope of due
care for the conscientious preparation of the trip, the careful selection and
supervision of those carrying out the performance and the correctness oft the
description of the performance, but not for the wording in brochures etc. which
have not been published by "BTA/CC". As far as the hotels, camping
sites, transport companies etc. engaged in the realisation of the tour are
concerned, "BTA/CC" acts as an intermediary only. For any impairment
of performance carried out by third parties such as these, where
"BTA/CC" merely acts as an intermediary, "BTA/CC" is not liable.
The contractual liability of "BTA/CC" as travel operator is limited
to three times the amount of the trip price in as far as the damage neither
results from intent nor gross negligence or where the damage is solely caused
by a third party who has been engaged by "BTA/CC". The liability
limitation mentioned above also applies to tortuous liability of
"BTA/CC" in as far as this concerns damage to property and is not
caused with intent or through gross negligence. Furthermore, the right to claim
damages from "BTA/CC" on the grounds of a tortuous act is excluded
where this is not caused with intent or through gross negligence. "BTA/CC"
recommends therefore that the customer takes out a travel accident and luggage
insurance.
Claims for damages against "BTA/CC" are
furthermore limited or excluded inasmuch as on account of regulations laid down
by law, which apply to a travel performance to be brought by the operator, the
right to claim damages is restricted or only possible under certain
circumstances or is excluded under certain circumstances. This also applies to
foreign regulations.
If the customer accepts the offer of "BTA/CC"
and lets the luggage be transported by "BTA/CC" (guided tours only),
this is at the customer’s own risk and "BTA/CC" is not liable for the
loss of or damage to the luggage. "BTA/CC" is not liable for
participants who are left behind on account of their failure to adhere to the
set times of departure, for delays, changes of the itinerary and other
irregularities and damage, which are caused by acts of God. "BTA/CC"
is not obliged to provide alternative transport or to offer alternative trips
if the customer misses the booked flight through their own fault. This also
applies to flight postponements. The customer is obliged to have the return
flight acknowledged 72 hours before the scheduled flight by the organisation
named in the travel documents.
"BTA/CC" is not liable for
- Any loss or damage or delays resulting from
break-downs, mechanical or electronic faults or an accident or resulting from
the vehicle being unsuitable for the customer’s needs.
- Any loss or damage to the customer’s
property and/or for objects being left in the vehicle unattended.
7. Complaints, Duty to
Co-operate
In the event of performance problems the customer is obliged
to assist within the scope of the law, in particular to do all that is
reasonably required to contribute towards solving the problem and to keep the
potential damage to a minimum. If the customer does not fulfil this obligation
through fault of their own, then the customer has no grounds for claims.
Claims must be made against "BTA/CC" within a
month after the contractual end of the trip. After this deadline claims can
only be made if the customer has been prevented from doing so by no fault of the
customer’s own. The right to claim lapses after a period of six months, which
begins with the day on which the trip should end as stated in the contract.
The customer is responsible for the adherence to
passport, visa, customs, quarantine, currency, driving licence and health
regulations. All disadvantages arising from the non-adherence to these
regulations are the customer’s responsibility except when these have arisen on
account of culpable misinformation or lack of information through
"BTA/CC". This also applies when the regulations named above are to
be changed after booking. In such cases it is the duty of "BTA/CC" to
pass on the information known.
8. Special conditions for
rentals
Registration
It is "BTA/CC"’s responsibility to keep the
vehicle registered for the duration of the rent.
Warranty
The "BTA/CC" warranty covers all mechanical
repairs (excluding towing charges and call-out-fees) for the first 7,500 km in
full, Australia wide for all 4WD’s, cars, and campervans and for the whole
rental period of motorcycle rentals. After the first 7,500 km, the
"BTA/CC" warranty still covers 50% of the outlined repairs.
"BTA/CC" agrees to reimburse the customer, as outlined above, for any
expenditure reasonable incurred by the customer in rectifying any mechanical
failure to the driver train and engine of the vehicle, provided that, before
taking out such repairs, the customer has first obtained consent from
"BTA/CC"; the customer can produce relevant receipts in
"BTA/CC" name showing such reasonable expenditure (including the date
of the repairs, the odometer on that date, the registration number of the
vehicle) and mechanical damage is not caused by abuse or neglect by the
customer.
Not included for the purpose of this warranty are all
wear parts, air-conditioning and audio system as well as clutch repairs (clutch
applies to motorcycles and vehicles towing trailers only) and damages to the
radiator / cooling system caused by stones or gravel or other impact, neither
is damage resulting from a station wagon or campervan being driven on
non-bitumen roads.
Driving licence
A current driving licence (non-provisional and
non-probationary) must be presented at the time of rental. If the driving
licence is not in English format and/or displaying the driver’s photograph, an
international driving licence (issued in the same country as the national
driving licence) is also required. An English translation of the national
driving licence by an accredited translator can replace the international
driving licence.
All drivers must be 21 years of age.
Vehicle pick-up and drop-off
The place of pick-up and drop-off of the vehicle rented
is - unless otherwise agreed on in written – Castlemaine. The vehicle is
available to the customer for pick-up on the date agreed. The customer returns
the vehicle on the date (and place) agreed on. Pick-up and return of the
vehicle in Castlemaine is until 4pm at the latest. Late pick-up and return may
incur a late fee of AUD 30.00 per hour. The customer is requested to make an
appointment by telephone for the returning of the vehicle at least 3 working days
before the date agreed.
Pick-up and drop-off of the vehicle at other cities of
the Australian mainland can be arranged if agreed on in writing. Additional
fees (amount will be calculated for the individual rent) apply.
Rental extensions
If the customer wishes to extend the rental whilst on
hire, they must obtain authority by "BTA/CC" at least four weeks prior
to the due date of return of the vehicle. Extensions are subject to
availability. The customer will be given any charges and these charges are
payable immediately.
Early return of the vehicle does not entitle the
customer to any refund of the unused portion of the rental or insurance.
The customer will cover the costs of transport back to Castlemaine.
Fines, penalties, and late
toll fees
The customer is liable for any infringements, fines, late
toll fees or penalties as well as associated legal and administration costs
that incur whilst in possession or charge of the vehicle. The customer is
liable for any other expenses including legal costs incurred by
"BTA/CC" as a result of any breach of these terms and conditions and
the rental agreement respectively. An administration fee of $ 30.- per case
applies.
Replacement
"BTA/CC" will not be liable to provide a
replacement vehicle if the vehicle has been damaged beyond repair or has been
stolen. "BTA/CC" will, however, try to replace the vehicle, depending
of the availability, as soon as possible.
"BTA/CC" will not be liable to provide a
replacement vehicle in case of necessary repairs. "BTA/CC" will,
however, try to replace the vehicle, depending on availability, as soon as
possible. In case of an estimated repairing duration of 3 to 7 working days,
"BTA/CC" bears the costs for accommodation of up to AUD 50 per night
for up to 4 nights. The customer has to keep the accommodation receipts for
refund purposes. This paragraph does not apply to repairs of damages caused by
the customer.
Service
The vehicle will be completely serviced by a registered
workshop and will be handed over to the customer cleaned and in a road worthy
condition.
The customer has to keep the vehicle in a road worthy
condition. This includes, but is not limited to:
- Check all lights before starting any drive
- Check oil and water level daily
- Check tyres on minimum tyre tread depth
(2mm)
- Check windscreen for cracks (to keep the
vehicle road worthy it is not allowed to have any cracks in the windscreen and
not more than 5 stars)
- Check wiper blades (front and rear) and
replace them if necessary
- Motorcycles in addition (where applicable):
to lube/pack the chain every day (the motorcycle will be handed to the customer
with chain lube)
This also includes that the vehicle will be serviced on
the customer’s expenses by a registered workshop. The service has to include:
4WD vehicles:
Service interval every 7,500 km
Changing oil and oil filter
Cleaning air filter
Grease driveline
Checking the brakes
Station wagons:
Service interval every 7,500 km
Changing oil and oil filter
Cleaning air filter
Checking the brakes
Tune-up every 15,000 km
Campervan:
Service interval every 7,500 km
Changing oil and oil filter
Cleaning air filter
Checking the brakes
Motorcycles:
Service interval every 7,500 km
Changing oil and oil filter
Cleaning air filter
Checking the brakes
Checking the valve clearance (every second service)
The customer has to present the invoices for the services
carried out. In addition to name and full address of the workshop, the invoices
have to contain the date of the service, the registration number of the
vehicle, the mileage, the number of labour hours and parts used.
Failure to present all invoices for the services conducted
may result in a service charge of AUD 400.00 per service not conducted or
service invoice not presented respectively.
Tyres:
If the tyre tread depth is less than 60% when the
customer gets their vehicle, "BTA/CC" will bear 50% of the costs of
new tyres, in the case that the tyres should be worn down by normal wear and
tear. The customer has to present the invoice for refund purposes.
If the tyre tread depth is more than 60% when the
customer gets their vehicle, "BTA/CC" will not bear any costs for new
tyres in case the tyres should be worn down.
Damages to the tyres (punctures, cuts, abrasions, etc.)
are the responsibility of the customer.
Windscreen:
Should there be any chips or stars etc. to the
windscreen upon picking up the vehicle, these damages will be noted in the
vehicle condition report. The customer is responsible for any additional chips
or stars or damage to the windscreen with a charge of AUD 50.00 each.
In case of the windscreen getting cracked during the
rental period, the customer has to replace the windscreen on their expenses.
Should the vehicle be returned with a cracked windscreen a charge of AUD 300.00
will apply.
Road and other restrictions
The customer will drive the vehicle in a cautious and
prudent manner and will not do or allow anything to be done to harm the
vehicle. The customer will not be allowed to use the vehicle to carry
passengers or property for hire or to carry animals. The customer will not be
allowed to use the vehicle to carry any volatile liquids, gases, explosives or
other corrosive or inflammable materials. Under no circumstances the vehicle is
allowed to get contact to saltwater or to be driven on beaches. Furthermore,
the vehicle is not allowed to be driven on streets, roads or tracks unsuitable for
the vehicle, particularly closed roads and tracks. The vehicle is only allowed
to be driven on official, recognized and opened tracks and roads (4WD and
motorcycles) and on sealed roads (station wagons and campervans) respectively.
Damages resulting from improper using of the vehicle are the liability of the
customer.
The customer is not allowed to tow any trailer or the
like unless otherwise agreed on in writing.
Fuel
If the vehicle is provided with a half-full to full
fuel tank upon picking-up the vehicle, the vehicle has to be returned
accordingly. Failure to return the vehicle accordingly may result in refill
charges to the amount of AUD 50.00 plus fuel costs.
Gas bottles
The vehicle will be provided with full gas bottles
(where applicable). The gas bottles have to be returned accordingly. Failure to
return full gas bottles may result in refill charges to the amount of AUD 50.00
plus gas costs.
Cleaning
The vehicle has to be returned in a clean condition
inside and outside. Failure to do so may result in a cleaning charge of AUD
150.00.
Accidents
The customer will immediately notify "BTA/CC"
by telephone of any accident, loss or damage involving the vehicle within 24
hours. The customer will endeavour to obtain the names and addresses of
witnesses and if necessary report the accident to the nearest police station.
The customer will not make any offer, promise of payment or settlement,
indemnity or admission of liability about the accident, but will assist
"BTA/CC" with any claim arising from any accident including attending
court to give evidence.
Repossession of the vehicle
"BTA/CC" may repossess the vehicle at any
time if it is found to be illegally parked, being used in violation of the law
or this agreement, appears to be abandoned or is not returned on the return
date set out in the rental agreement. "BTA/CC" may also repossess the
vehicle at any time if it is discovered that the customer made a
misrepresentation to obtain the vehicle or is otherwise in breach of the terms
and conditions. "BTA/CC" needs not notify the customer of any
repossession. The customer has, however, to bear all reasonable costs arising
from repossessing the vehicle, including towing charges.
9. Insurance
Personal injury is covered in most cases through
registration third party insurance. "BTA/CC" strongly recommends,
however, to take out personal travel insurance.
To cover for damages to the vehicle or property of a third
party, "BTA/CC" strongly recommends to take out insurance. There are
two insurance options to choose from; insurance with AUD 1,000.00 excess per
claim (not rental) or insurance without excess. For conditions and prices see
specifications on website and in the booking confirmation respectively.
For motorcycles the following applies: A basic
insurance with an excess of AUD 3,000.00 is included in the rental price. The
excess can be reduced to the amount of AU$ 1,000.00.
The excess for drivers (customers) 25 years and younger
is AU$ 1,500.00 per incident.
The insurance will not cover theft of the vehicle, break-in,
vandalism, fire, damages to glass (e.g. windscreen, headlights, blinkers),
underbody and roof damages, damages resulting from overturning, damages to
parts which are not actual part of the vehicle (e.g. camping equipment, roof
racks, roof tents, motorcycle racks and panniers). In case of theft the maximum
liability for all insurance options is AUD 4,000.00.
All insurance cover will be made void if any of the
following list of exclusions are breached.
- Vehicles used by the customer or any
nominated driver on any unsealed road (i.e. non-bitumen/concrete/tar road)
unless otherwise agreed in writing. No vehicle may be used in off-road
conditions. Off-road conditions include, but are not limited to fire trails,
beaches, sand, tracks, fields and paddocks. This does not apply to 4WD’s and
motorcycles.
- Any water related damage, which includes but
is not limited to any vehicle submerged, creek or river crossing, driving
through low plain flooded areas, beach driving
- Personal belongings. „BTA/CC“ strongly recommends
the customer not to leave personal belongings and valuables in the vehicle and
to take out insurance to cover for the loss and/or damage of personal
belongings.
- Any breach of the terms and conditions or
the rental agreement. The customer will be responsible for the total cost of
any damage. This will also include any damage caused by wilful misconduct (e.g.
sitting, standing or going on the bonnet or roof of the vehicle) and driving
under the influence of alcohol, medication, drugs or other illegal substances.
- The cost to retrieve or recover a vehicle,
which may include, but is not limited to a vehicle that has become bogged,
submerged or has been abandoned.
- The incorrect use of fuel (fuel being diesel
or petrol) or contaminated fuel. The customer will be responsible for any
associated cost.
- The cost to replace keys, which have become
lost, or retrieval of keys, which have been locked in a vehicle.
- External modifications: if any external
modifications are made to the vehicle and the vehicle is damaged as a result of
this modification, the customer is responsible for the total cost of the
damage.
- Overhead and underbody damage to the vehicle
- Any damage resulting from the vehicle
colliding with an animal outside of built-up areas during and between the hours
of dusk to dawn. The customer is responsible for all damage and recovery costs.
- All towing charges
- The vehicle may only be used to carry the
maximum number of passengers as dictated by the vehicle type. If more
passengers are carried then what is allowed, „BTA/CC“ will not accept any
liability.
- Drivers not identified and nominated in the rental
agreement and/or drivers that have a licence that has been cancelled or
suspended and/or drivers who have a licence that is classified as learners or
probationary licence and/or drivers whose licence does not cover the vehicle
classification.
Special Insurance options for guided tours.
10. Salvatorial Clause
The invalidity of individual conditions does not result
in the invalidity of the entire contract.
The same applies to the general operating conditions
laid down here.
11. Disclaimer
Illustrations and text in any of our documentation,
brochures or website are subject to change. Images are a representation only of
the vehicle depicted. Variances in the vehicles offered for rental may occur.
As of 01.01.2010
