READ THIS CAREFULLY

You agree to rent from GBE ltd trading as BAIKU New Zealand a Motorcycle and related equipment and accessories (collectively, the “Vehicle”) for a limited period of time, on the following terms (the “Agreement”) and you authorise the Rental Provider to charge your credit card for all amounts under this Agreement.

1. GENERAL

a. Rental Period:

• This Agreement commences on the rental Start Date and continues until the End Date recorded in the rental details (the Rental Period), unless otherwise agreed.
• The Rental Period is calculated on an hourly, daily or weekly basis as set out above. The minimum rental period is 6 hours. No refunds or discounts are given for late pick up or early return of the Vehicle.
• The Rental Provider reserves the right to charge a late return fee of up to $255.00 for the return of any Vehicle more than 15 minutes late on the Rental Period End Date, or double the daily rental rate for each full day after the End Date until the Vehicle is returned to the Vehicle return address.
• Any extensions of the Rental Period are subject to availability and additional fees and must be authorised by the Rental Provider. Please call the Rental Provider directly to request an extension.

b. Daily distance limit: Vehicles are permitted to travel up to 500 kilometres per day during the Rental Period. An additional $0.55 per kilometre charge will apply for distance travelled in excess of the permitted daily distance.

c. Roads and designated area: Driver will only operate the Vehicle on public roads in legal areas within the Designated Geographical Area except for the excluded roads/areas noted below.

d. Excluded roads/areas: The Driver must not at any time take the Vehicle on any beach, or on Skippers Road/Skippers Canyon (Queenstown) and/or the Ball Hut Route/Track (Mt. Cook). The Driver must not take the Vehicle on any ski field access roads between 15 July -- 31 October each year. The Driver will be liable for any damage while travelling on any excluded roads, as this constitutes a Cover Exclusion, whereby the Rental Provider's insurance provided in accordance with this Agreement will not cover such loss or damage.

e. Credit/debit card charges: all transactions are conducted in New Zealand dollars. The Rental Provider reserves the right to process credit or debit card charges after the Rental Period.

f. Title: The Rental Provider retains title in the Vehicle at all times, and the Driver must not attempt, offer or agree to sell, assign, rent, sub-let, hire or otherwise part with personal possession of the Vehicle.

g. Driver warranty: The Driver warrants that all information supplied by them, including set out in this Agreement, is true and accurate, and the Driver will notify the Rental Provider immediately if they become aware of any inaccuracies or if there are any changes during the Rental Period.

h. Agreement: The Driver must keep a copy of this Agreement (including in electronic form) with the Vehicle at all times during the Rental Period.

I. Vehicle tracking: Vehicle movement can be tracked and monitored 24 hours a day, including in respect of speed and distances. This tracking is enabled for safety purposes and to help located and recover the vehicle if lost or stolen.

2. DRIVER RULES

a. Age and Licence: Driver of the Vehicle must be at least 21 years of age and hold a valid full motorcycle driver's licence. Any Passenger must be at least 18 years of age.

b. Foreign Licence: Where a Driver has a foreign licence in a language other than English, the Driver must provide an accredited English translation and/or an official International Driving Permit (in English) as a translation.

c. Safety: Driver must wear required and properly fitted and fastened safety gear when operating or riding the Vehicle, including approved helmet, eye protection, covered shoes, and long sleeved clothing (Safety Gear). Driver is also responsible for ensuring any passenger wears the appropriate Safety Gear and follows safety directions at all times when riding on the Vehicle.

d. Driver must not consume alcohol, drugs or ingest any substances that could adversely affect their ability to safely operate the Vehicle.

e. Driver must receive the Vehicle safety briefing and instructions and must have been thoroughly briefed on how to safely operate the Vehicle by the Rental Provider. Driver must comply with all safety directions and instructions in relation to the Vehicle.

f. The Driver is responsible for paying any road tolls in respect of roads travelled during the Rental Period.

g. The Driver will at all times operate the Vehicle taking into account the road, traffic and weather conditions, and obey any road closures or restrictions.

h. Passengers:

• The Vehicle has a maximum rider capacity of 2 persons, comprising the Driver and any 1 pillion passenger. The Driver will NOT operate the Vehicle or allow it to be operated in excess of the rider capacity.

• Driver will require any passenger to wear proper Safety Gear (including a helmet) on the Vehicle at all times.

• Driver must NOT carry any passengers who have consumed alcohol, drugs, or ingested any substances that could adversely affect their ability to safely ride in or on the Vehicle.

i. Prohibited Vehicle use: Driver must NOT use or permit the Vehicle to be used: 1) by anyone other than an authorised driver; 2) to carry passengers or property for hire; 3) to tow or push anything; 4) to be operated in a test, race, rally or contest; 5) while the driver is under the influence of alcohol or a controlled substance; 6) for conduct that could be charged as a crime including the transportation of a controlled substance or contraband; 7) in circumstances that constitute an offence against sections 56, 57, 57AA, 57A, or 58 of the Land Transport Act 1989 (the Act) (driving offences involving drink or drugs) as summarised at the end of this Agreement; 8) operate the vehicle(s) or allow it to be operated in breach of the Act, the Land Transport (Road User) Rule 2004, or any other act, regulations, rules, or bylaws relating to road traffic; or 9) recklessly.

j. Except for any infotainment system inbuilt to each Vehicle, Driver must NOT drive or operate the Vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages.

k. Driver must NOT leave the Vehicle with the ignition key in the Vehicle while it is unoccupied.

l. Driver must NOT represent it owns or has the right to grant any rights in the Vehicle and must not purport to create any rights in the Vehicle. Driver must not sublet, rent or hire the Vehicle to any other person or allow any other person, other than additional authorised drivers specified under this Agreement, to operate the Vehicle.

m. The Rental Provider may repossess the Vehicle(s) at your expense without notice if the Vehicle(s) is abandoned or used in violation of law or this Agreement.

3. PASSENGER RULES

a. Only 1 passenger is permitted on the Vehicle at all times.

b. Passenger must sit astride behind the Driver, facing forwards, with both feet flat and firmly planted on the footrests.

c. Passenger must wear Safety Gear at all times when riding on the Vehicle.

d. Passenger must NOT consume alcohol, drugs or ingest any substances that could adversely affect their ability to safely ride on the Vehicle.

4. LIABILITY FOR INFRINGEMENT FEES

a. Driver must follow all road rules during the Rental Period.

b. Driver will be liable for any offence committed during the Rental Period involving use of the Vehicle, and associated infringement fees, including:

• a speeding offence;

• an offence in respect of failing to comply with the directions given by a traffic signal;

• a toll offence; and/or

• parking in any portion of a road in breach of any bylaw of a road controlling authority or Part 6 of the Land Transport (Road User) Rule 2004.

c. Subject to the Rental Provider's compliance with 4.d, the Driver authorizes the Rental Provider to debit the Driver's credit card for an infringement fee for any of the above offences, and to charge an administration fee of up to $70 per offence for associated

administration costs.

d. The Rental Provider will send copies of any infringement notice and/or reminder notice in relation to an offence to the Driver's permanent address within 5 days of receiving the infringement or reminder notice (whichever applies).

e. The Driver has the right to:

• challenge, complain about, query or object to the alleged offence to the issuing enforcement authority; and

• seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).

5. INSURANCE AND LIABILITY FOR LOSS OR DAMAGE

a. The Driver agrees to pay for the loss of use of any Vehicle at the full day rental rate for each day from the date of damage until the Vehicle is repaired and replaced in rental service, not to exceed 7 days.

b. All rentals are subject to a credit card pre-authorisation to be determined by the Rental Provider.

c. The Driver must NOT do anything, or omit to do anything, that may invalidate the Vehicle's insurance.

d. Liability: The Driver is liable to the Rental Provider for:

• any loss of, or damage to, the Vehicle and its Accessories;

• any consequential damage, costs, or loss incurred by the Rental Provider, including any liability to third parties and any salvage costs, loss of ability to re-hire the Vehicle and loss of revenue; and

• any loss of, or damage to, the vehicles and property of third parties, which arises during the Rental Period.

6. VEHICLE CHECK IN AND CHECK OUT

a. The Rental Provider will always try to provide the Vehicle type selected in each booking but reserves the right to substitute a materially similar alternate Vehicle in the event any booked Vehicle type is unavailable due to unforeseen circumstances.

b. All Vehicles must be collected from and returned:

• to the address recorded in the Rental Details section of this Agreement;

• at the agreed Rental Period End date and time,

• by the named Driver in this Agreement; unless otherwise agreed with the Rental Provider.

c. Please allow adequate time to complete the documentation and safety briefing required on collection, and required paperwork on return of the Vehicle. We recommend that Drivers arrive at least 1 hour prior to the expected Rental Period Start time.

d. The Driver may request to return the Vehicle early, subject to the Rental Provider's written approval. Any Vehicles returned late without prior written approval may incur an additional daily rental fee, subject to late return caused by mechanical failure of the Vehicle (provided the Driver has notified the Rental Provider in accordance with these terms).

e. All approved after-hours Vehicle returns are subject to any directions from the Rental Provider and may incur an additional day's insurance charge. Drivers remain responsible for the Vehicle until it is checked in by the Rental Provider the following day.

f. The Driver acknowledges that they:

• will have the opportunity to inspect the Vehicle with the Rental Provider and to record known flaws (such as paint scratches) on the front page of this Agreement; and

• will receive the Vehicle in a clean condition with a full fuel tank.

g. The Driver agrees to return the Vehicle at the agreed Rental Period end date, time and location, in the same condition as when the rental commenced, including with a full fuel tank with the appropriate fuel, subject to normal wear and tear.

Failure to comply with these requirements may result in additional charges.

h. Additional fees: The Rental Provider reserves the right to charge the Driver the following additional fees:

• reasonable relocation costs if the Vehicle is left at or returned to any location other than the Vehicle return address;

• reasonable cleaning costs if the Vehicle is returned in an excessively dirty condition and is unable to be inspected;

• the cost of refilling the Vehicle fuel tank if the Driver fails to return the Vehicle with a full fuel tank plus a $20 administration fee;

• the costs for replacement key(s) where the Driver has lost or fails to return the Vehicle key(s) at the end of the Rental Period; and

• Roadside assistance call out fee(s) (where applicable).

• Payment systems service fee of $100 in the event of a full or partial claim of held deposit.

7. BOOKING CHANGES, CANCELLATIONS AND REFUNDS

a. Drivers may request to change or cancel a booking by contacting the Rental Provider. Cancellations are subject to the conditions below and changes are subject to availability and agreement by the Rental Provider. Driver may request to change the booking to a different date, but this will not change eligibility for a refund if cancelled. (the below list is for HIRE ONLY rentals.) 

b. Cancellation requests for bookings for 7 or more days made:

(i) up to 7 days before the Start Date will receive a credit of 20% of the deposit paid; or

(ii) more than 7 days before the Start Date will receive a credit of 50% of the deposit paid;

c. Cancellation requests for bookings for 6 or fewer days made:

(i) up to 48 hours before the Start Date will receive a credit of 20% of the deposit paid; or

(ii) more than 48 hours before the Start Date will receive a credit of 60% of the deposit paid;

d. Any credits will be made by providing a credit voucher for the Rental Provider's business, which must be used within the period specified on the voucher.

e. The Rental Provider is under NO obligation to issue a refund or discount for bad weather but may re-book the Vehicle(s) for another day/time subject to availability.

f. In addition to any rights under the CGA, refunds in respect of any faulty, defective or damaged Vehicle(s) (unless caused or contributed to by the Driver), will be issued by the Rental Provider where a materially similar replacement Vehicle is not reasonably available.

g. for SELF TOUR hires the 50% deposit is non refundable after time of booking.

8. VEHICLE CARE AND MAINTENANCE

a. All Vehicles are properly maintained and adjusted for reliable operation and are provided in good condition. Any known damage (such as paint scratches or dents) will be shown to the Driver and noted in this Agreement at Vehicle handover.

b. If at any time, the Driver believes something in/on the Vehicle is out of adjustment or needs attention in any way, including if any warning light on the Vehicle is activated, the Driver must stop driving the Vehicle and promptly contact the Rental Provider. The Vehicle may need to be immediately returned to the rental facility where it can be inspected and repaired.

c. If the Vehicle is damaged in any way, the Driver stop the Vehicle in a safe area and contact the Rental Provider immediately, and follow the Rental Provider's directions regarding the damage.

9. ROADSIDE ASSISTANCE

a. AA Rentalcare Roadside Assistance is available 24/7 for roadside support at no additional cost in the event of a technical mechanical failure or malfunction with the Vehicle arising from a manufacturing fault. AA Rentalcare may also be available at an additional cost for certain non-mechanical breakdowns detailed below at clause 9.d.

Please call 0800 500 222 if the Vehicle is experiencing a mechanical issue.

b. All mechanical issues must be reported to the Rental Provider by calling the phone number on the front page of this Agreement as soon as the Driver becomes aware of the issue, or as soon as the Driver has cell phone coverage to report the same.

c. Where a mechanical issue cannot be resolved by AA, the Rental Provider will work with the Driver in good faith to provide a replacement Vehicle at an agreed location (subject to availability) and/or provide a refund in respect of the remaining Rental Period if a replacement Vehicle is not available, or a pro-rata refund for the period during which the Driver was unable to use the Vehicle due to the mechanical issue.

d. Non-mechanical (Driver error) breakdown -- additional costs apply: AA Roadside assistance is also available for certain nonmechanical Vehicle breakdowns or issues including: fuel delivery, flat battery, flat tyre(s), lost keys, and/or a breakdown caused by damage in an accident or the Driver's wilful neglect of the Vehicle. A callout fee of up to $170 is charged in respect of all non-mechanical breakdown services, to be paid for by the Driver directly to the AA service provider at the time the services are rendered. The amount of the callout fee depends on the location of the breakdown and time of day. Additional fees including for any replacement parts or tyres, towing, and/or fuel required, may also apply.

10. HEALTH AND SAFETY

a. The Driver must:

• ensure that passengers comply with the Passenger Rules set out at clause 3 at all times during the Rental Period; and

• take reasonable care for their own health and safety at all times when operating a Vehicle during the Rental Period;

• take reasonable care to ensure that the Driver's acts or omissions do not adversely affect the health and safety of other persons; and• comply with any reasonable instruction that is given by the Rental Provider in relation to health and safety.

11. ACCIDENT PROCEDURE

a. If the Driver is involved in a motor vehicle accident during the Rental Period, the Driver must:

• assess the situation, including the health and safety of anyone involved, to determine whether to call emergency services (111) to access emergency assistance from police, ambulance or fire patrols;

• get the name(s) and address(es) of third parties involved and any witnesses;

• report the accident to police and obtain a copy of the police report (if any);

• not accept blame or fault;

• take photographs of the scene and damage, where possible/appropriate;

• promptly phone the Rental Provider on the phone number set out on the front page of the agreement; and

• provide any information or assistance reasonably requested by the Rental Provider in relation to the motor vehicle accident.

12. CONSUMER RIGHTS

a. Nothing in this Agreement affects, limits or changes any consumer rights under the Consumer Guarantees Act 1993 (CGA).

13. TERMINATION

a. The Rental Provider may terminate this Agreement with immediate effect if:

• you breach this Agreement;

• the Rental Provider or any enforcement officer reasonably believes that the operation of the Vehicle poses a danger to any person;

• the Rental Provider reasonably believes the Vehicle is at risk of loss or damage; or

• the Rental Provider ceases to be an authorised and/or legal provider of the Rental service (in which case you will be notified and receive a refund of the deposit paid).

b. If this Agreement is terminated for cause during the Rental Period:

• the Driver must deliver the Vehicle to the Rental Provider within 24 hours, in good condition and working order;

• the Driver will not be entitled to any refund, subject to any consumer rights under the CGA;

• the Rental Provider may:

• immediately repossess the Vehicle, including by entering on any property (as the Driver's agent) to do so;

• charge the Driver default interest on any unpaid sums due, at a rate of 10% p.a.; and

• exercise any other rights it has at law or under this Agreement.

14. INDEMNIFICATION

The Driver indemnifies the Rental Provider in respect of any loss, costs or damage as a result of or in connection with its fraud and/or wilful act or omission, except to the extent that the loss or damage was caused or contributed to by the Rental Provider.

15. LIABILITY

To the extent permitted by law;

a. the Rental Provider will not be liable to the Driver for any indirect, consequential, or economic loss, or for any loss of profit, data or opportunity; and

b. except for any liability under the CGA, the Rental Provider's total liability in relation to this Agreement will be limited to the Fees paid under this Agreement.

16. GOVERNING LAW

This Agreement will be governed by and interpreted in accordance with New Zealand law. The Parties expressly submit to the non exclusive jurisdiction of the courts of New Zealand.

17. WAIVER

None of the terms of this Agreement may be waived except by an express agreement in writing signed by the Party against whom enforcement of such waiver is sought. The failure or delay of a Party in enforcing its rights under this Agreement will not be deemed a continuing waiver of such right, and the waiver of one breach will not constitute the waiver of any other or subsequent breach.

18. SURVIVAL

Termination or expiration of this Agreement for any reason will not release the parties from the liabilities or obligations set forth in this Agreement that remain to be performed or by their nature would be intended to be applicable following any such termination or expiration, including, without limitation, provisions relating to payment, indemnification, and disputes.

29. FORCE MAJEURE

a. Neither party will be responsible for any failure to fulfil its obligations under this Agreement (other than to pay money), to the extent the failure is due to or results from any cause reasonably beyond that party's control, including acts of God, flood, fire, earthquake, epidemic or pandemic, war, terrorism, and any industrial action or act of government (a Force Majeure Event), provided that the party:

• immediately notifies the other party in writing, giving specific details of how the event prevents that party from fulfilling its obligations; and

• takes all reasonable steps to mitigate and minimise the effects of the event; and

• resumes performance of its obligations as soon as reasonably practicable.

b. Where any Force Majeure Event continues for a period of 40 days or longer, either party may terminate this Agreement on written notice to the other party.

20. PRIVACY

All personal information will be managed in accordance with the Rental Provider's privacy policy, available at:INSERT WEBSITE LINK

2. LAND TRANSPORT ACT OFFENCE SUMMARY

• Section 56: offences relating to driving a motor vehicle with a breath (or blood) alcohol level in excess of legal limits;

• Section 57: offences relating to driving a motor vehicle with a breath (or blood) alcohol level in excess of legal limits for persons younger than 20;

• Section 57AA: offences relating to driving a motor vehicle with a breath (or blood) alcohol level in excess of legal limits by a person holding an alcohol interlock licence or zero alcohol licence;

• Section 57A: offences relating to driving a motor vehicle while impaired and with blood that contains evidence of use of a qualifying drug

• Section 58: offences relating to driving a motor vehicle while under the influence of drink or a drug. For full offence details, including penalties, please see Part 6, Land Transport Act 1989.

SCHEDULE -- COVER EXCLUSIONS

The Cover Exclusions are as follows:

(i) where any Vehicle is:

a. being driven other than for private, social or domestic purposes or is used for racing, pacemaking, reliability trial, hill climbing or speed tests, or being driven in preparation for any of these activities;

b. being driven in an unsafe condition where the condition causes or contributes to the event which results in the Loss, (which is defined as damage to the Vehicle) or liability; For the purpose of this Exclusion, the term "unsafe condition" includes any permanent or temporary condition that may result in damage to the Vehicle or any part of it;

c. loaded or operated in excess of the manufacturer's recommended specifications, but only where the excess loading causes or contributes to the event which results in the Loss or liability;

d. provided that Exceptions (i) (b) and (i) (c) will only apply if the Driver was aware or with reasonable diligence ought to have been aware of the unsafe condition or overloading.

e. being driven by any person who is not the holder of a licence for the appropriate class and use applicable to the operation of the Vehicle or its components, or who is breaching any condition of their licence,

f. being driven by any person who:

1. is under the influence of any intoxicating substance or drug; or

2. has a proportion of alcohol in the blood which exceeds the legal limit. This Exclusion will apply notwithstanding the driver may have died as a result of the Accident; or

3. has a proportion of alcohol in the breath which exceeds the legal limit; or

4. fails to supply a blood or breath test as required by law; or

5. fails to stop, or remain at the scene, following an Accident as required by law; Provided that Exceptions (i)(a) to (i)(f) will not apply in respect of Loss or liability which results from theft or conversion.

(ii) liability arising out of a contract or agreement unless the Driver would have been liable even without such contract or agreement;

(iii) liability for death or injury which is recoverable under any statute or policy of insurance in substitution thereof;

(iv) liability for punitive, exemplary and aggravated damages;

(v) liability which is directly or indirectly caused by:

a. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, rebellion, revolution, insurrection, military or usurped power;

b. confiscation, requisition, destruction of or damage to property by order of Government, Civil, Public or Local Authority unless the order is given for the purpose of preventing or controlling fire or any other event for which cover is provided by this Agreement;

c. nuclear weapons material;

d. ionizing radiations or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this Exclusion, combustion includes any self-sustaining process of nuclear fission.

(vi) liability arising from any intentional or reckless act or omission.

(vii) any Excess specified in this Agreement;

(viii) loss of use or consequential losses of any kind (unless specifically covered herein);

(ix) depreciation or loss of value;

(x) any Loss resulting from theft or conversion of a Vehicle by the Driver;

(xi) wear and tear, rust, corrosion, deterioration;

(xii) breakage, breakdown, or failure that is the result of improper use of the Vehicle, which means: The actual breaking, failure, deformation or ceasing to work in the intended manner of the following systems, parts or components of the Vehicle:

a. engine and all engine parts,

b. cooling systems, including but not limited to radiators, heat exchangers, cooling fans, pressure caps, water pumps, thermostats and hoses,

c. hydraulic system, including but not limited to shock absorbers and suspension systems,

d. transmission system, including but not limited to gearbox, drive shafts, axels, differentials, clutches, and wheel hubs,

e. fuel systems,

f. braking systems,

g. electrical/electronic systems, computer systems and mechanical systems, (xiii) any Loss caused by contaminated fuel or the introduction of a foreign substance into the fuel system of the Vehicle, other than accidentally using petrol in a diesel engine or diesel in a petrol engine, provided that this exclusion does not apply if the contamination is the direct result of a confirmed malicious act;

(xiv) punctures, cuts, splits or bursting of tyres or damage to tyres by application of brakes unless caused at the same time as other Loss covered by this Agreement;

(xv) failure of, or defect or fault in the design or specification;

(xvi) liability in connection with the bringing of a load to the Vehicle or taking away the load from it where the act takes place beyond the limits of a carriageway or thoroughfare and is not performed by the driver or attendant of the Vehicle;

(xvii) liability for damage to any property (including any road) arising from vibration caused by the Vehicle or from the weight of the load carried by the Vehicle, or from the weight of the Vehicle or from the combined weight of the load and the Vehicle;

(xviii) liability in respect of any property which belongs to, or is in the care custody or control of any Driver, other than personal baggage and wearing apparel of any passenger a building leased or rented by the Insured or a vehicle (not being an Insured Vehicle under Section 1 of the Policy) which is being towed by an Insured Vehicle, however this does not apply to vehicles which are towed or recovered for reward where the Insured's Business includes a vehicle recovery service;

(xix) liability in respect of property of, or Bodily Injury to any person, who at the time of the Accident, was in charge of the Vehicle;

(xx) liability determined by any court outside of New Zealand;

(xxi) liability arising out of the ownership, operation, or maintenance of any Vehicle within the restricted area of any airport used for scheduled commercial flights; and

(xxii) any legal defence costs, fines or court costs arising from the prosecution of any offence under any Act of Parliament including any Regulations, Rules, or By-Laws made under any Act of Parliament.