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VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS
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This is an agreement between the prospective hirer identified on the Rental Agreement attached (you) and the Company identified on the Rental Agreement (the Company) to rent the motor vehicle described on the Rental Agreement including all accessories, tools, tyres and equipment and any replacement vehicle (the Vehicle). |
1. |
VEHICLE CONDITION AND RETURN |
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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 OR TYRE DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on the Rental Agreement and on the date there specified (or sooner, if demanded by the Company). You will be responsible for the vehicle and the hire will continue until we make our final inspection (including when the vehicle cannot be inspected immediately e.g you return the vehicle to a location which is unattended). Renters are reminded that the underbody, overhead and reversing damage is at the renter's risk and all insurance is void if vehicles are driven on unsealed or unmade roads or surfaces or of the area of authorised usage defined on the rental agreement. The Company may take possession of the vehicle without prior demand and at your expense; if reported to the appropriate authority and you are responsible for extra charges based on 500 kilometres per day at 50 cents per kilometre.
Note. The Company must be notified and agree to any extension of the period of hire beyond that stated on the Rental Agreement in advance of the return date and time or the vehicle will be immediately reported as stolen. |
2. |
UNAUTHORISED AND PROHIBITED USE |
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Persons who must not drive the vehicle |
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(a) |
A person who is not identified on the Rental Agreement or has been identified in writing to the Company in writing. |
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(b) |
A person who is not licensed for that class of vehicle. |
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(c) |
A person whose blood alcohol concentration exceeds the lawful percentage or any person under the influence of any drug. |
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(d) |
A person who has given or whom you have given a false name, age, address or driver’s license details. |
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(e) |
A person whose driver’s license has been cancelled, endorsed or suspended within the last three years. |
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(f) |
A person who has held a drivers license for less than three years. |
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Circumstances in which and/or for which the vehicle must not be used |
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(g) |
Outside the area of use limitations shown on the Rental Agreement. |
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(h) |
On unsealed roads or off road conditions unless authorised by us in writing or on the face of the Rental Agreement. |
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(i) |
To carry persons for hire or to carry any inflammable, explosive or corrosive materials. |
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(j) |
To propel or tow any vehicle, trailer, boat or other object unless the company has authorised such use in writing. |
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(k) |
To carry any greater load and/or more persons than is lawful or use in a manner or purpose other than for which it was designed and constructed. |
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(l) |
To carry any animal or pet in the vehicle unless authorised in writing on the face of this agreement. |
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(m) |
For racing, pacemaking, reliability trials, hill climbing or being tested in preparation for those purposes. |
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(n) |
In a dangerous manner. |
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(o) |
In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose. |
3. |
FINANCIAL OBLIGATIONS |
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Special Note Joint Hirers and all drivers are jointly responsible under the agreement.
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE RENTAL AGREEMENT YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD / DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES. |
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(a) |
All rental charges specified on the Rental Agreement. |
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(b) |
The vehicle is involved in a single vehicle incident (or not under the control of an authorised hirer at the time of loss) unless the Company waives such loss to a single vehicle incident liability shown on the Rental Agreement (which amount will apply in addition to the standard liability charge noted on the Rental Agreement). A single vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle, which can be identified, and all details provided.
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(c) |
All loss or damage to the motor vehicle (including loss of use), legal expenses, commissions, collection costs, assessment fees, towing and recovery, consequential third party damage, storage and company service charges where - |
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(i) |
Any condition of this agreement and in particular Condition 2, or any special condition the Rental Agreement has been breached. |
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(ii) |
The vehicle is involved in a single vehicle incident (or not under the control of an authorised hirer at the time of loss) unless the Company waives such loss to a single vehicle incident liability shown on the Rental Agreement (which amount will apply in addition to the standard liability charge noted on the Rental Agreement). A single vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle, which can be identified, and all details provided. |
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(iii) |
You have left the vehicle unlocked or left the keys in the vehicle. |
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(iv) |
You have not kept the key secure and under your personal control. |
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(v) |
The underbody of the vehicle is damaged regardless of cause when no other vehicle is involved. |
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(vi) |
The vehicle is totally or partially immersed in water regardless of cause. The interior of the vehicle is damaged regardless of cause when no other vehicle is involved. |
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(vii) |
The tyres of the vehicle are damaged other than by normal wear. |
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(viii) |
The vehicle or any other third party property is damaged by driving the vehicle under or into an object lower than the height of the vehicle. |
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(ix) |
You have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware. |
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(x) |
The vehicle or any third party property is damaged by driving the vehicle under or into an object lower than the height of the vehicle. |
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(xi) |
Your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment. |
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Special Note: If you have paid by use of credit card or directed the company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the Company on demand. |
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(d) |
If you do not pay the Company any amount due and payable to the Company pursuant to Clause 3 above, or any
other part of this agreement, within 30 days from the due date, the Company has the right to forward your
outstanding account to a debt collection agency for further action on the following terms: |
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(i) |
The Company is entitled to charge you a lodgement fee of a percentage, equivalent to the rate of
commission charged by the debt collection agency, of the outstanding balance on your account. |
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(ii) |
You will be responsible for payment of the aggregate of the outstanding balance on your account and
the lodgement fee (“the aggregate sum”). |
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(iii) |
The aggregate sum will be referred to a debt collection agency for further action. |
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(iv) |
The aggregate sum will be paid as a liquidated debt of demand. |
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(v) |
You are also responsible for all expenses in relation to the collection of the aggregate sum including,
but not limited to, all charges and fees, legal costs on an indemnity basis, and disbursements. |
4. |
DAMAGE COVER |
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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:
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(a) |
Your payment of the damage loss liability charge as stated on the Rental Agreement. |
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(b) |
You have not acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions of the Rental Agreement. |
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(c) |
Your not being covered under any policy of insurance. |
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(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 sole conduct of the proceedings. |
5. |
GENERAL PROVISIONS |
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(a) |
You will report, within 24 hours, any incident involving loss or damage to the vehicle 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 subparagraph does not excuse the hirer from reporting all incidents to police or other proper authorities. |
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(b) |
You release and hold harmless the Company (and its agents and employees) from all claims 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 rental period, whether due to the Company’s negligence or otherwise. |
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(c) |
Except as provided by law no driver or passengers in the vehicle shall be deemed to be the agent, servant or employees in the manner for any purpose whatsoever. |
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(d) |
THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT ITS MECHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. |
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(e) |
No right of the Company under this agreement may be waived except in writing by an officer of the company. |
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(f) |
Words used in this agreement to denote any gender shall include all genders, singular word include plural and noted on the Rental Agreement. |
6. |
FUEL |
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The vehicle must be returned with the same amount of fuel equal to that at the time of the 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 note on the Rental Agreement. |
7. |
PERSONAL ACCIDENT INSURANCE (where applicable) |
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Where you accept Personal Accident by accepting the appropriate premium on the Rental Agreement with charges to apply as per the rate shown on the Rental Agreement. Acceptance of those charges is deemed to be proof of coverage and confirmation of your agreement to accept the terms, conditions and benefits of the Personal Accident Insurance. A copy of the policy is available for your inspection.
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Free
call :1800 808 122 (in Australia)