TERMS AND CONDITIONS
This is an Agreement between the prospective hirer identified on page 1 (you) and the company identification Page 1 (the Company) to rent the motor vehicle described on
Page 1 including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).
1. VEHICLE RENTAL CONDITION, USE AND RETURN
(a)The vehicle is delivered to you in good operating condition and with the seal of the odometer unbroken. You agree to return the vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on Page 1 and on the date there specified. The company make take possession of the vehicle without demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. If you do not return the vehicle within 48 hours of the end of the rental period and have not contacted us requesting to extend the rental period or to clarify why the vehicle has not been returned then we reserve the right to report the vehicle stolen.
(b)You agree to maintain tyre pressure, fluid and fuel at the proper operating levels and to immediately report to the company any defect,
2. UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle
(a) A person who is not identified on Page 1 or has not been identified in writing to the Company or approved by the Company in writing.
(b) A person who is not licensed for that class of vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage
(d) A person who has given of for whom you have given a false name, age, address or driver’s license details
(e) A person whose driver’s license has been cancelled, endorsed or suspended within the last three years
(f) A person who has held a driver’s license for less than 1 year
Circumstances in which and/or for which the vehicle must not be used:
(g) Outside the area of use limitations
(h) On unsealed roads or off road conditions unless authorised by us in writing
(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials
(j) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing
(k) To carry any greater load and/or more persons than is lawful, or use in a manner or for a purpose other than for which it was designed and constructed.
(l) For racing pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes
(m) In a dangerous or careless manner, driving without due care or attention, failure to comply with local traffic rules
(n) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.
3. FINAL OBLIGATIONS
Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement. YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT ON PAGE 1 YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES.
(a) All rental charges specified on Page 1.
(b) All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company
(c) All loss or damage to the motor vehicle (including loss of use), Third Party Damages, legal expenses, assessment fees, towing and recovery, storage and company service charges where:
(i) Damage or loss caused to the Vehicle or third party property as a result of you breaching any condition of the rental agreement;
(ii) Damage or loss arising from theft, where the Vehicle is left unlocked or unsecure or you have not kept the keys secure;
(iii) Damage or loss where the Vehicle is totally or partially immersed in water;
(iv) Damage or loss to the interior of the Vehicle, which requires professional cleaning, deodorising or repair;
(v) (Unless PRW is taken) damage or loss to the tyres, such as punctures, cuts, abrasions or to the windscreen such as chips, cracks or stars;
(vi) Damage or loss caused by use on construction sites, mines and unsealed roads;
(vii) overhead damage being damage or loss sustained to the Vehicle or any other property caused by driving the Vehicle into or under any object of the same or greater height than the base of the Vehicle’s front windscreen, or damage caused by persons placing objects on the roof of the Vehicle;
(viii) (unless PRW is taken) damage or loss caused to the Vehicle through hail or storm;
(ix) Damage or loss to the undercarriage of the Vehicle or to any other property arising from contact between the undercarriage and any object, obstruction or road surface regardless of cause;
(x) Damage or loss to the Vehicle or third party property caused by you failing to secure properly any load or equipment;
(xi) Damage or loss caused to the Vehicle or third party property by loading or unloading to or from the Vehicle;
(xii) Damage or loss to the Vehicle deliberately caused by you or by you using the Vehicle in a dangerous or reckless manner;
(xiii) Damage or loss to the Vehicle whilst being transported, ferried or towed without our authority, or whilst the Vehicle is taken off the mainland or across any waterway whatsoever or used in any unauthorised area; the cost of towing or salvage of the Vehicle in or from a remote or sparsely populated area;
(xiv) Damage or loss caused to the Vehicle through the use of snow chains or roof racks;
(xv) Costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of your failure to deliver immediately every summons, complaint, demand or notice in relation to any loss or damage;
(xvi) Damage or loss of any personal property owned by you (or any relative, associate, passenger or any person known to you) or any third party, including personal property left in the Vehicle, or any property received, handled or stored by us
(xvii) Your death or personal injury or the death or personal injury of any other
person except to the extent that it is caused by our negligence;
(xviii) Damage or loss to the GPS;
(xix) Any damage or loss suffered by us as a direct or indirect result of you providing false information, or engaging in any fraudulent activity, in respect of your
hire of the Vehicle or your dealings with any law enforcement officer or other authority during the hire period, and we reserve the right to recover an amount from you in respect of such losses.
(d) An Administration fee of $250 applicable to all charges relating to this agreement. Administration fees on damage liability $250 Administration fees are not refundable.
(e) If the Rental Contract has not been extended by the Company and the vehicle is returned to the Company more than 24 hours after the time set for its return in the Rental Agreement:
(i) The rates shown in the Rental Agreement will not apply and you MUST pay the standard rate for the vehicle for the whole Rental Period; and
(ii) There is no Damage Cover so the you are liable for Damage and Third Party Loss and any repossession charges that the Company incurs in this default period.
(f) A Processing Fee of $55 will apply to process parking/traffic infringements and speeding fines. Returned reservations which are required to be reopened will incur a processing fee. NO REFUNDS or CREDIT given for any amendment to this Agreement.
(f) You (the hirer) shall not be entitled to recover from the company any sum of any delays, inconvience or loss of any kind due to any accident, breakdown or defects in the car or from any other cause whatsoever.
Special Note: If you have paid by use of a credit card or directed the Company to bill charges to some other person, corporation, form or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the Company on demand
4. DAMAGE COVER
If you act within the terms and conditions of this agreement the Company will grant damage cover (including legal costs incurred with our consent) for your benefit in respect of damages to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control. This cover is subject to
(a) Your payment of the damage/loss liability charge stated on Page 1
(b) Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special condition on Page 1.
(c) Your not being covered under any policy of insurance.
(d) Your providing such information and assistance as may be requested and, if necessary, authorising the Company insurer to bring, defend or settle legal proceedings, but the Company shall have the sole conduct of the proceedings.
5. ROADSIDE ASSISTANCE, BREAKDOWN, ACCIDENT & REPAIR
(a) Free Roadside assistance is provided for inherent mechanical faults in the vehicle but fees and charges apply for all other faults or driver induced errors. Generally, these fees and charges range from $45 plus GST to $600 plus GST and apply to faults and driver induced errors such as:
(i) a flat battery, lost keys, a keyless start or remote control device, unlocking the vehicle when the key, keyless start or remote control device have been locked in it and changing a wheel as the result of a flat tyre.
6. THE SECURITY DEPOSIT SHALL BE HELD BY THE COMPANY AT ITS SOLE WILL AND DISCRETION AND SHALL BE DEBITED THE COST OF:
(a) Cleaning the vehicle if returned in a dirty and untidy condition
(b) Subject to all the other terms, provisions and conditions of this agreement amounts may be deducted to comply with such terms
(c) Return the motor vehicle late of the due return time
(d) If the vehicle is returned damaged.
7. GENERAL PROVISIONS
(a) You will promptly report any accident or loss involving the vehicle while rented under this agreement to the Company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting an accident to police or other proper authorities. The company reserves the right to exchange vehicles or terminate the rental if the vehicle has been involved in an accident or damaged, regardless of fault or circumstance.
(b) You release and hold harmless the Company (and its agents and employees) from all claims for loss or damages to their personal property, or that of any other person left
in the vehicle, which is received handled or stored by the Company at any time before, during or after this renal period, whether due to the Company’s negligence or otherwise.
(c) Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever.
(d) No right of the Company under this agreement may be waived except in writing by an officer of the Company.
(e) Words used in this agreement to denote any gender shall include all genders, singular words include plural, and noted on Page 1.
(f) The Company have the right to terminate this agreement without notice if it is considered by the company that the rental vehicle is being kept in a manner that causes an unacceptable risk to either the vehicle or any other party.
The vehicle must be returned with the amount of fuel equal to that at the time of rental. If the vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on Page 1.
I have read and understood this page and any other conditions on page 1 and signed
it before making any agreement to hire any vehicle.