Irish Motorcycle Adventures Terms & Conditions for Motorcycle Rental.1 Your contract with us
When you sign the form over the page you accept the conditions set out in this rental agreement and a contract exists between You and Irish Motorcycle Adventures which is a trading style of Ballyminstra Trading Ltd. Registered in Northern Ireland Reg. No. NI072271. Registered Office 44 Carnesure Heights, Comber, Co Down, Northern Ireland, BT23 5RN.
Please read this agreement carefully. If there is anything you do not understand or do not agree with, please ask any member of staff.
2 Required Documents, Payment and Age Restrictions
To rent a motorcycle you must provide the following;
a A valid passport and a valid drivers license. You must have held your license for a minimum of 2 years and it must be issued in the country in which you reside. Your license must entitle you to ride a motorcycle of the size and capacity you are renting.
b You must be between the ages of 25 and 70.
c You must have fully pre-paid for your rental.
d On the day you collect the motorcycle you must present a valid credit card on which we will reserve £1250 for the damage deposit.
Exceptions to the Document and Age Requirements will be considered. However you must make us aware of them before you make your booking. We must have then informed you of our agreement in principle to proceed in writing before you can make your booking.
As stated above we rent on a pre-paid basis, which means you must have fully paid for your rental before it begins. A 25% deposit is required to confirm your booking and the balance is to be paid 4 weeks before the rental begins. Details of our refund and cancellation policy can be found on our website at www.irishbike.com/refund-policy.html. Alternatively, we will send you a hard copy if you write to us requesting one at our registered address.
3 Rental period
You will have the motorcycle for the rental period shown in the agreement. We may agree to extend this rental period but the rental period may never be more than 30 days and any extension is at our discretion.
If you do not bring the motorcycle back on time you are breaking the conditions of this agreement. We can charge you for every day or part-day you have the motorcycle after you should have returned it to us. Until we get the motorcycle back we will charge you twice the daily rate published on our web site at www.irishbike.com.
We calculate rental on a daily basis and not on a 24 hour basis. For example if you collect a motorcycle on a Tuesday and return it on the following Friday you will be charged for 4 days.
4 Your responsibilities
a You must look after the motorcycle and the keys to the motorcycle. You must always lock the motorcycle when you are not using it, and use any security device fitted to or supplied with the motorcycle.
b You must do your utmost to protect the motorcycle from damage and to return it in the condition you received it. You are responsible for damage up to the damage deposit value of £1250.
c You must not sell, rent or dispose of the motorcycle or any of its parts. You must not give anyone any legal rights over the motorcycle.
d You must not let anyone work on the motorcycle without our permission. If we do give you permission, we will only give you a refund if you have a receipt for the work.
e You must let us know as soon as you become aware of a fault in the motorcycle.
f If the motorcycle becomes unroadworthy for any reason you must not ride it and you must inform us immediately.
g You must bring the motorcycle back to the place we agreed and one of our staff must see the motorcycle to check that it is in good condition. If we have agreed that you may return the motorcycle outside business hours, you will remain responsible for the motorcycle and its condition until it is re- inspected by a member of staff.
h You will have to pay for reasonable costs of repair if:
• we have to pay extra costs to return the motorcycle to its condition when the pre-rental inspection was carried out (for example, if extra valeting time or special material or equipment is needed
to restore the motorcycle to its pre-rental condition).
i Before you bring back the motorcycle you must check that you have not left any personal belongings on the motorcycle.
j You must make sure that you use the correct fuel.
k You must answer truthfully and accurately any questions we ask you about your documents, driving history, criminal convictions, prior and pending traffic offences/convictions, your occupation or anything else relevant to the rental agreement. You must complete the rental agreement form truthfully and accurately.
l You must be responsible for damage to tyres including punctures.
m It is your responsibility to ensure that you and any passenger you may carry is correctly fitted with protective clothing. In Ireland it is a legal requirement to wear a helmet. However as a motorcyclist you will know that it is good practice to wear a protective jackets, trousers, boots and gloves.
5 Our responsibilities
We have maintained the motorcycle to at least the manufacturer's recommended standard. We assure you that the motorcycle is roadworthy and suitable for renting at the start of the rental period. We cannot be held responsible for any indirect losses such as loss of earnings or profits, loss of opportunity or travel/accommodation expenses.
We are only responsible for loss or damage to property left on the motorcycle if the loss or damage results from our negligence or a breach of contract. The maximum we will pay in this situation is £150 in aggregate.
7 Conditions for using the motorcycle
The motorcycle must only be ridden by you and any other rider named over the page, or by anyone else we authorise in writing. Anyone riding the motorcycle must have a full valid driving licence which entitles them to ride a motorcycle of that size and capacity.
You or any other authorised rider must not:
• use the motorcycle for hire or reward or any commercial purpose;
• use the motorcycle for any illegal purpose;
• use the motorcycle for racing, pacemaking, testing the motorcycle's reliability and speed or teaching someone to ride;
• use the motorcycle while under the influence of alcohol or drugs;
• ride the motorcycle outside Northern Ireland or the Republic of Ireland, unless we have given you written permission;
• load the motorcycle beyond the manufacturer’s maximum weight recommendations;
• use the motorcycle in a condition unsuitable for riding;
• use the motorcycle off-road or not on an official road;
• use the motorcycle in any type of motorcycling event, including practice runs pertaining to such events or track days;
• leave the scene of an accident;
• cause damage intentionally, deliberately or through gross negligence;
• exceed the agreed rental period;
You, or any other authorised rider, must not use the motorcycle for towing or pushing unless we have given you written permission.
We calculate ourF charges using our current price list, as published on our web site www.irishbike.com.
You will pay and be legally liable for the following charges.
a The rental and any other charges we calculate according to this agreement.
b Any charge for loss or damage resulting from you not keeping to conditions 4 or 7 (or both).
c A refuelling service charge if you have used, and not replaced, the quantity of fuel that we supplied at the start of the original rental . The charge will be based on the rates printed on this rental agreement or at the place from which you rented the motorcycle (or both).
d All fines and court costs for parking, traffic or other offences (including any costs which arise if the motorcycle is clamped). You must pay the appropriate authority any fines and costs if and when the authority demands this payment. If you do not, you will be responsible to pay our reasonable administration charges which arise when we deal with these matters.
e The reasonable cost of repairing any extra damage which was not noted on our damage control diagram over the page at the start of the agreement up to the value of the damage deposit £1250 , whether you were at fault or not (depending on condition 5). And the reasonable cost of replacing the motorcycle if it is stolen up to the value of the damage deposit of £1250 if and when we demand this payment.
f A loss-of-income charge, when we demand it, if we cannot rent out the motorcycle because it needs to be repaired, it is a write-off (can't be repaired) or it has been stolen and we are waiting to receive full payment of the motorcycle's value.
We will only charge you for loss of income if we can't recover the losses under our insurance policy. We will charge you at the published daily rate and we will never charge you for more than 30 days' rental charges. We will always do everything we can to make sure the motorcycle is repaired or we get payment as soon as possible.
g Any charges arising from any government body, agency or authorised government representative or police force seizing the motorcycle, together with a loss-of-income charge while we cannot rent out the motorcycle, if and when we demand this payment, only if the seizure was as a result of an action on your part.
h Any published or agreed between us rates for delivering and collecting the motorcycle.
i Interest which we will add every day to any amount you do not pay us on time, at the rate of 10% a year
above the base lending rate of Northern Bank Ltd.
j Value added tax and all other taxes on any of the charges listed above, as appropriate.
You are responsible for all charges, even if you have asked someone else to be responsible for them. If it is your intention to pay by credit card or charge/debit card then your signature on the rental agreement shall constitute authority for us to debit the final total charges against your account and your specific card-issuing organisation.
10 Our insurance
Included in our rentals is comprehensive insurance. You are responsible for the first £1250 of loss or damage. This amount is reserved on your credit card when you collect the motorcycle and is called the 'damage deposit'.
Despite this comprehensive insurance you are still liable in full for damage/loss in the event of you not keeping to conditions 4 or 7 (or both).
11 What to do if you have an accident
If you have an accident you must not admit responsibility. You should get the names and addresses of everyone involved, including witnesses. You should also:
• make the motorcycle secure;
• tell the police straight away if anyone is injured or there is a disagreement over who is responsible; and
• call our office straight away.
You must then fill in our accident report form and send it to our address shown over the page.
12 Data Protection
You agree that we may use any information you have given us to carry out our own market research. If you break the agreement we can give this information to credit reference agencies, the Driver and Vehicle Licensing Authority (DVLA), debt collectors and any other relevant organisation.
We reserve the right to provide your details to any government body or agency if asked to do so in connection with any road traffic offences or parking tickets.
13 Ending the agreement
a If you are a consumer we will end this agreement straight away if we find out that your belongings have
been taken away from you to pay off your debts, or a receiving order has been made against you. We
may end this agreement if you do not meet the main requirements of this agreement.
b If you are a company, we will end this agreement straight away if:
• you go into liquidation;
• you call a meeting of creditors;
• we find out that your goods have been taken away from you until you pay off your debts; or
• you do not meet any of the conditions of this agreement.
c If the motorcycle is damaged while in your care which results in it being unroadworthy, or you have a road traffic accident which results in it being unroadworthy then we will end the agreement and no refund will be paid. You will still be responsible for the cost of repairs up to the damage deposit.
d If we end this agreement it will not affect our right to receive any money we are owed under the conditions of this agreement. We can also claim reasonable costs from you if you do not meet the main requirements of this agreement. We can repossess the motorcycle (and charge you a reasonable amount) without using unreasonable force or causing damage.
14 Governing law
This agreement is governed by the laws of Northern Ireland. Any dispute may be settled in the courts of that country. If any provision of this agreement is or becomes invalid or unenforceable the remaining provisions shall not be affected.