Rental Vehicle - Terms and Conditions
An Agreement between the prospective Hirer and the Owner to rent a motor vehicle including all accessories, tools, tyres and equipment and any replacement vehicle will be signed by the Hirer.
An Authorised Driver and any additional driver will be identified when the agreement is signed. Joint renters / drivers are jointly and severally responsible under the terms of any Agreement.
1. VEHICLE CONDITION
By signing this Rental Agreement the Hirer acknowledges that the vehicle is delivered to them in good operating condition, and with the seal of the odometer unbroken. If the seal of this odometer is broken the persons responsible will be reported to the appropriate authority and the Hirer is responsible for extra charges based on 500km per day at 50 c per km. The Hirer will agree to check and maintain engine oil, coolant and water levels.
2. VEHICLE RETURN
The Hirer agrees 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 in the location specified in the Agreement, and on the date there specified (or sooner, if determined by the Owner). The Owner may take possession of the vehicle without prior demand and at the Hirers expense. If it is illegally parked, used in violation of the law or the Agreement or it is apparently abandoned. The Owner must be notified and agree to any extension of the period of hire beyond that stated in the Agreement in advance of the return date and time or the vehicle will be immediately be reported stolen.
The vehicle must be returned with the amount of fuel equal to that at the time of the commencement 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 noted in the Agreement.
4. UNAUTHORISED AND PROHIBITED USE
The vehicle must not be driven by:
- A person who is not identified in the Agreement.
- A person who is not licensed for that class vehicle.
- A person whose blood alcohol concentration exceeds the lawful percentage.
- A person who has given or for whom you have given a false name, age, address or drivers license details.
- A person, whose driver's license has been cancelled, endorsed or suspended.
- A person who has held a drivers license for less than two years.
- A person who is under the age of 25 years.
- Circumstances in which and/or for which the vehicle must not be used:
- Outside the area of limitations shown in the Agreement.
- On unsealed roads or off road conditions unless authorised by the Owner in writing.
- To carry persons for hire or to carry any flammable, explosive or corrosive materials.
- To propel or tow any vehicle, trailer, boat or any other object unless the owner has authorised such in writing.
- To carry any greater load and/or more persons than is lawful.
- For racing, pace making, reliability trials, hill climbing, contests, speed trials, other motor sports, or being tested in preparation for those purposes.
- In a dangerous manner.
- In contravention of any State road traffic regulation or for any illegal purpose.
5. PAYMENT OF CHARGES AND RESPONSIBILITY FOR LOSS/DAMAGE TO THE VEHICLE.
Special note: Joint renters and all drivers are jointly and severally responsible under the Agreement. THE HIRER IS RESPONSIBLE FOR, AND BY ENTERING INTO THE AGREEMENT, THE HIRER AUTHORISES THE COMPANY TO DEBIT THE HIRERS CREDIT CARD/DEPOSIT (and the HIrer will pay on demand any balance) WITH THE FOLLOWING CHARGES:
- All rental charges specified in the Agreement.
- All rental charges claimed from the owner in respect of parking, speeding or any other traffic violations and towing costs incurred during the period of hire or until such later time as the vehicle is returned to the Owner.
- All loss or damage to the motor vehicle (including loss of fuel, third party damages, legal expenses, assessment fees, towing and recover, storage and owner service charges where:
- Any condition of the Agreement, in particular condition 4 or any special condition in the Agreement has been breached.
- Where the vehicle is involved in a single vehicle incident (or not under control of an authorised hire at the time of loss) unless the company waives such loss. A single vehicle incident liability amount shown in the Agreement (which amount will apply in addition to the standard liability charge noted on the front of the 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 other objects whether animate or inanimate except another vehicle which can be fully identified and all details provided.
- The Hirer has left the vehicle unlocked or left the keys in the vehicle and/or the Hirer has not kept the key secure and under their personal control.
- The under body of the vehicle is damaged regardless of cause when no other vehicle is involved.
- 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.
- The tyres of the vehicle are damaged other than normal wear.
- The vehicle is damaged by driving it under or into an object lower than the height of the vehicle.
- The Hirer has failed to maintain all fluid and fuel levels or failed to immediately rectify or report to the Owner any defect of which they became aware.
- The vehicle is damaged by loading or unloading, other than normal wear.
- The Hirers failure to secure properly any load or equipment which leads to loss occurred by any part of said load or equipment.
- Any changes payable under clause 2 of the agreement.
- A cleaning fee of $25 if the vehicle is returned in a manner that requires cleaning.
- The rental vehicle is deemed to be returned and rental concluded, only when the vehicle is physically returned to the address in the Agreement, paid in full and in a condition that is acceptable to the company.
- Special note: If the Hirer has paid by credit card or directed the Owner to bill charges to some other person, corporation, firm or organisation who or which fail to make payment when due, the Hirer will immediately pay the full amount due to the Owner on demand.
6. LOSS/DAMAGE WAIVER
If the Hirer acts within the terms and conditions of the Agreement, the Owner will grant a loss/damage waiver (including legal costs occurred with our consent) for the Hirers benefit with respect of damage to the vehicle or third party damage other than any property owned by the Hirer (or any friend, relative, associate or passenger) or in the Hirers' physical or legal control. This cover is subject to:
- Payment of the "minimum rental loss of use/damage/loss/liability limit" quoted in the Agreement.
- The Hirer has not acted nor having caused any other person to have acted in any manner which is in contravention of the Agreement including the special conditions in the Agreement.
- The Hirer is not covered under any policy of insurance which may extend to the motor vehicle.
- The Hirer provides such information and assistance as may be requested and is necessary, authorising the Owners insurer to bring, defend or settle legal proceedings. The Owner shall have sole conduct of the proceedings.
7. EARLY/LATE RETURN OF VEHICLE
The Hirer agrees to pay the following charges if the hired/rented vehicle is returned at a time other than stated in the Agreement:
- If the vehicle is returned early and less than 24hrs notice given to the Owner, the hirer must pay the total agreed fee for the agreed period of rental.
- If the vehicle is returned later than the time stated in the Agreement for every hour late a $10 per hour rate will be charged.
- 24hrs notice is required for an extension of the rental period. The extension period will be charged per day at the agreed day rate for the initial rental period.
8. GENERAL PROVISIONS
- The Hirer will promptly report any incident involving any accident, loss or damage to the vehicle or loss involving the vehicle while rented under the Agreement to the Owner's location where the vehicle was hired and will deliver to the Owner immediately every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting all incidences to police or other proper authorities.
- The Hirer releases and holds harmless the Owner (and its agents and employees) from all claims for loss or damage to their personal property or that of any other person left in the vehicle which is received, handled or stored by the Owner at anytime before, during and after this rental period whether due to the Owner's negligence or otherwise.
- In no event shall any driver or passenger in the vehicle be or deemed to be the agent, servant or employee of the Owner in any manner for any purpose whatsoever.
- The owner gives no express or implied warrant as to any matter whatsoever including without limitation the condition of a vehicle or equipment, its merchantability or fitness for any particular purpose.