TERMS AND CONDITIONS

 

1.    Application


These Terms and Conditions (“T&Cs”), will apply to any supply of Goods and/or Motorcycle Tours supplied by Moto Cartel to the Customer.


2.    Definitions


In these T&Cs:
“Booking” means any written, electronic or verbal order or booking by the Customer to Moto Cartel for Goods and/or Motorcycle Tours; 
“Cancellation Fee” means an amount equivalent to 50% of the Price of the booked Motorcycle Tours;
“Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;
“Contract” means the contract formed as a result of an acceptance of a Booking by Moto Cartel. It includes these terms, any covering letter, quotation, estimate and any other document that refers to these terms;
“Control” has the meaning set out in the Corporations Act 2001 (Cth);
“Customer” means the customer set out in any quotation, offer or other document provided by Moto Cartel (or, in the absence of such information, the customer who made the booking);
“Goods” means the goods in the Contract;
“Liability” means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);
“Passenger(s)” means any person identified by the Customer as a participant for the Motorcycle Tours in the Booking form or Booking process;
“Personnel” means any employee, servant, contractor, subcontractor, agent, partner, director or officer of Moto Cartel;
“Price” means the price of the Goods and/or Motorcycle Tours (including but not limited to any Installation or other charges); 
“Rescheduling Fee” means a fee equivalent to Moto Cartel’s 1 hour single passenger service (currently AUD$159.00);
 “Motorcycle Tours” means the tours and services in relation to the Contract and any Goods associated with those Motorcycle Tours; and
“Moto Cartel” means anyone employed by Moto Cartel who are supplying services.
“Tour Manager” means a person employed by Moto Cartel, who is responsible for providing the Motorcycle Tours.


3.    Booking and Payment Terms


3.1    Moto Cartel welcomes your call if you require assistance prior to making a Booking. If you are not able to make a Booking due to Moto Cartel’s Booking Notice Periods, please contact Moto Cartel on 0401 559 936 so Moto Cartel’s staff can check availability.
3.2    It is a condition of Moto Cartel’s license from Commercial Passenger Vehicles Victoria that all Motorcycle Tours must be pre-booked. Moto Cartel therefore requires all Motorcycle Tours to be pre-paid.
3.3    Payment may be made by Moto Cartel’s electronic payment options. 
3.4    The Customer must provide Moto Cartel with written details of the following at the time of Booking: 
3.4.1    Pick up point/Departure Address Requirements on Booking Page 
3.4.1.1    The Booking process requires the Customer to select one of several options for pick up point/departure address (starting point of your service) and to type/enter the location details in the required field. 
3.4.1.2    It is the Customer’s responsibility to be precise and accurate when completing the pickup point/departure address details.
3.4.1.3    Moto Cartel will pick you up from the specified address provided that it is:
a)    Accessible by road; and 
b)    The pickup point is clearly specified.
3.4.1.4    Moto Cartel will be entitled to rely on the accuracy of any specifications or other information provided by the Customer in relation to the pickup point/departure address.
3.4.1.5    If there are any errors in any information provided by the Customer to Moto Cartel, or if any information provided by the Customer regarding the pickup point/departure address is incomplete or vague, Moto Cartel will be entitled to impose the “No Shows or Late Arrivals Penalty Fee” contained in Clause 15 of these T&Cs.
3.4.2    Helmet sizing requirements are detailed on the Moto Cartel Booking Page
3.4.2.1    The use of an approved motorcycle helmet (“helmet”) is mandatory as part of Moto Cartel’s Motorcycle Tours.
3.4.2.2    A helmet that is loose or not securely fitted breaches Victorian Road Safety Rules.
3.4.2.3    The Booking Process required the Customer to provide the helmet sizes of the Passengers taking part in the Service.
3.4.2.4    It is the responsibility of the Customer to accurately measure and provide the helmet sizes of all Passengers to Moto Cartel to ensure a safely fitted helmet.
3.4.2.5    Failure to select and advise Moto Cartel of the proper helmet size or any errors in the information provided by the Customer regarding the helmet size of any Passenger may allow Moto Cartel to impose the Rescheduling Fee under clause 14.2 of these T&Cs.
3.5    Any Booking made by the Customer to Moto Cartel and/or any acceptance of any Motorcycle Tours by the Customer will constitute agreement to these T&Cs by the Customer.
3.6     If Moto Cartel accepts a Booking, the parties will have created a binding Contract and Moto Cartel will supply the Motorcycle Tours to the Customer, and the Customer will pay the Price to Moto Cartel in accordance with clause 3.2 of these T&Cs.


4.    Price


4.1    The Price is inclusive of GST unless otherwise stated by Moto Cartel in writing.
4.2    The Customer must not withhold, make deductions from, or set-off, payment of any money owed to Moto Cartel for any reason.
4.3    Moto Cartel may charge, in addition to the Price, any other fees and charges that Moto Cartel notifies to the Customer from time to time. 

5.    Carrying Weight and Capacity


5.1    For the Passenger’s comfort and safety, Moto Cartel must comply with restrictions on size and weight limits for the vehicles.
5.2    The combined two (2) Passenger weight limit per vehicle is 202kg. This is a legal requirement that cannot be exceeded.

 6.    Age of Passengers and medical issues.


6.1    Moto Cartel requires all Passengers to be at least sixteen (18) years old.

6.2    Proof of age may be required from any Passenger on request from Moto Cartel at any time.
6.3    Failure to comply with Clause 6.1-6.2 inclusive of these T&Cs may result in Moto Cartel imposing a Rescheduling Fee contained in clause 14.2 of these T&Cs. 
6.4 Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women or customers with pre-existing adverse health issues are not permitted to participate.

7.    Force Majeure


Moto Cartel will not be liable to the Customer for any failure to perform, or delay in performing, Moto Cartel’s obligations under these T&Cs if the failure or delay is due to any causes beyond Moto Cartel’s reasonable control . If any such failure or delay continues for a period of 14 days Moto Cartel may terminate any affected Contract.

8.    Traffic and Weather Conditions


8.1    Moto Cartel does not take any responsibility for traffic and/or weather conditions.
8.2    If Moto Cartel is delayed by traffic and/or weather in providing the Motorcycle Tours, the Customer acknowledges that Moto Cartel may not be able to take Passengers to all documented places outlined on the Tour Information Page, prior to returning to the departure address.
8.3    In extreme circumstances Moto Cartel may, at its sole discretion, provide an extension of service or a complimentary reschedule.
8.4    Moto Cartel will not be liable to the Customer for any failure to perform, or delay in performing, Moto Cartel’s obligations under these T&Cs if the failure or delay is due to any traffic or weather conditions beyond Moto Cartel’s reasonable control.

 


9.    Warranties


9.1    Except to the extent prohibited by law, Moto Cartel does not warrant the Goods and/or Motorcycle Tours are fit for any purpose whether or not made known by the Customer or any third party to Moto Cartel or any member of Moto Cartel’s Personnel.
9.2    Moto Cartel excludes all express and implied conditions and warranties in relation to the Goods and/or Motorcycle Tours and this Agreement except those conditions or warranties that cannot be excluded by law.
9.3    Nothing in these T&Cs are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any equivalent Act of any State or Territory of Australia except to the extent permitted by such Acts.

 


10.    Liability


10.1    Moto Cartel’s liability for any Liability or Claim in relation to these T&Cs, the Contract, and any supply of Goods and/or Motorcycle Tours will be limited to the amount of the Price paid by the Customer to Moto Cartel.
10.2    Moto Cartel will not be liable to the Customer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any injury suffered,  loss of actual or anticipated income, revenue, savings, production, business, opportunity, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.


11.    Behaviour Policy


11.1    Safety is paramount to Moto Cartel, therefore:
11.1.1    Smoking is prohibited on the vehicle and in the immediate vicinity of the vehicle.
11.1.2    Consuming alcohol and illegal/illicit substances is strictly prohibited on the vehicle and in the immediate vicinity of the vehicle.
This policy is in the interests of all Passengers participating in the Motorcycle Tours, the Tour Manager as well as third parties un-associated with our Motorcycle Tours such as, the general public and other road users. 
11.2    If, in the sole opinion of the Tour Manager, a Passenger appears to be affected by substance abuse or is intoxicated, unruly or careless to a point where safety is of a concern to any party on or off the vehicle (including the person themselves) the Tour Manager may refuse to carry the passenger and the Service for that Passenger will be cancelled immediately, either before or during the Service.

12.    Indemnity


The Customer indemnifies Moto Cartel and each member of Moto Cartel’s Personnel on a full and continuing indemnity basis from and against any Liability or Claim arising directly or indirectly in relation to:
(a)    the Customer’s breach of these T&Cs or any Contract;
(b)    the negligence or wilful misconduct of the Customer or any member of the Customer’s Personnel;
(c)    damage to the property of the Customer or any third party during provision of the Motorcycle Tours;
(d)    any breakage, spillage or contamination during provision of the Motorcycle Tours;
(e)    the Goods and/or Motorcycle Tours not being fit for any particular purpose;
(f)    the Customer directly or indirectly causing any delay in the supply of any Goods and/or Motorcycle Tours; or
(g)    the Customer purporting to cancel a Contract.

13.    Cancellation Fees


13.1    Cancellation of the Motorcycle Tours with a minimum of 24 hours’ notice of the Booking start time will incur no cancellation fee and your payment is refundable.
13.2    Cancellation of the Service with less than 24 hours’ notice of the Booking start time will incur a Cancellation Fee which is 50% of the total Service Fee. The remainder of the booked Service fee will be refunded.
13.3    Only one (1) cancellation is permitted per Customer within a seven (7) day period.
13.4    All third party fees, paid as part of Moto Cartel’s Service are not refundable if the Service is cancelled, unless the third party refunds their fee to Moto Cartel.

 

 

14.    Rescheduling Fees


14.1    Rescheduling of the Motorcycle Tours with a minimum of 24 hours’ notice of the Booking start time will incur no Rescheduling Fee.
14.2    Rescheduling of the Motorcycle Tours with less than 24 hours’ notice of the Booking start time will incur a Rescheduling Fee of AUD $160.00.
14.3    Only one (1) rescheduling is permitted per Customer, otherwise a Cancellation Fee in accordance with clause 13.2 of these T&Cs may be imposed by Moto Cartel.
14.4    All third party fees, paid as part of Moto Cartel’s Service are not refundable if the Service is rescheduled, unless the third party refunds their fee to Moto Cartel.

 

 

15.    No Shows and Late Arrivals Penalty Fees


15.1    No Shows – Moto Cartel/Tour Manager will wait at the specified departure address/pick up point for 30 minutes from the booked departure time. Should the Customer/Passengers not attend within the 30 minute period, they will forfeit all fees paid and the Motorcycle Tours and Contract will be terminated, due to abandonment of the Motorcycle Tours by them.
15.2    Late Arrivals – Should the Customer contact Moto Cartel during the 30 minute wait time at the departure address/pick up point, the Motorcycle Tours may be delivered for the remaining tour time, provided that the Customer can attend the departure address/pick up point prior to the halfway point of the duration of the booked Service. If the Customer/Passengers fail to contact Moto Cartel within the 30 minute wait time they will be regarding as a “No Show” and forfeit all fees in accordance with 15.1 of these T&Cs.
15.2.1    Rescheduling in accordance with clause 15 of these T&Cs is not available, under this clause 15.2.
15.2.2    All late arrival Customers/Passengers agree that the Service will finish at the pre-booked time.

 

 

16.    Termination


Moto Cartel may immediately terminate, or suspend the performance of, any Contract and the Customer must immediately pay any money owed to Moto Cartel if:
(a)    the Customer breaches a term of these T&Cs and does not remedy the breach within 7 days; or
(b)    the Customer breaches a term of these T&Cs or any Contract which is not capable of remedy.

 

 

17.    Dispute Resolution


17.1    All disputes or complaints will be considered on their merits by the Tour Manager or Supplier with the aim of achieving a positive outcome for both parties.
17.2    The Customer acknowledges that that the decision of Moto Cartel will be final.

 

 

18.    Photos and Images


During the Motorcycle Tours, the Tour Manager or Personnel of Moto Cartel may from time to time take photographs or make recordings of the Passengers and tour activities that may identify them. Moto Cartel reserves the right to use any and all photographs and/or recordings made on tour for promotional reasons in printed materials, on the Internet or other media. In using such images, Moto Cartel undertakes not to reveal your name, contact details or other personal information. The Customer consents to the use of such images or recordings by Moto Cartel and acknowledges that the Customer and/or Passengers will not be entitled to payment or other compensation for the giving of consent or for the use of such images or recordings. Moto Cartel may keep such images or recordings of Passengers on record.  If you do not wish for images or recordings of Passengers to be collected, stored or used, you must advise Moto Cartel to that effect at the time of Booking.
 

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