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Rental Agreement
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This is a standard RENTAL AGREEMENT which all Vehicle
Hire companies are required to present to customers.
RENTAL AGREEMENT TERMS AND CONDITIONS
This
is an Agreement between the Hirer ("You") and the Company
("the Company"), identified on Page 1 ("page 1 of
VEHICLE RENTAL AGREEMENT"), to rent the motor vehicle ("the
Vehicle") described on Page 1 including all its accessories,
tools, tires and equipment as well as any replacement vehicle.
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1. Vehicle Condition and Return
You acknowledge the Vehicle is delivered to
You in good operating condition 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 TIRE DAMAGE)
together with its tools, tires, accessories and equipment on the
date and place specified on Page 1 (or sooner, if demanded by the
Company). The Company may take possession of the Vehicle without
prior demand to You and at your expense if there has been a breach
of any terms or conditions of this Agreement or if the Vehicle is
illegally parked, used in violation of the law or is apparently
abandoned.
If the seal of the
odometer is broken, or otherwise tampered with, You will be responsible
for not only an extra charge based on 500 kms per day at 50c per
kilometer, but also for any cost of repairing or replacing the odometer.
NOTE: If there is to be any extension of the
period of hire beyond that stated on Page 1, the Company must be
notified and it must agree to such extension in writing, otherwise
the Vehicle will be immediately reported to the police as stolen.
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2. Persons who must not drive the Vehicle
|
(a) |
A person who is not identified
on Page 1 as either the Hirer, Joint Hirer or Authorized Driver; |
|
(b) |
A person who is not licensed
to drive the hired class of vehicle; |
|
(c) |
A person whose blood alcohol
concentration exceeds the lawful percentage whilst driving the
Vehicle; |
|
(d) |
A person who is driving the
Vehicle whilst under the influence of a drug; |
|
(e) |
A person who has given or
for whom You have given a false name, age, address or driver's
Licence details; |
|
(f) |
A person whose driver's
Licence
has been cancelled, endorsed or suspended within the last three
years; |
|
(g) |
A person who has held a driver's
Licence for any class of vehicle for less than two years; |
|
(h) |
A person who uses or intends
to use the Vehicle for an illegal purpose. |
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3. Circumstances where the
Vehicle must not be Used
|
(a) |
Any area outside the Area
of Use shown on Page 1; |
|
(b) |
Any unsealed roads or off-road
conditions unless authorized by the company in the Area of Use
on Page 1; |
|
(c) |
The carriage of any persons
for hire or the carriage of any inflammable, explosive or corrosive
materials; |
|
(d) |
Pushing or towing any vehicle,
trailer, boat or other object unless the Company has
authorized
such use in writing; |
|
(e) |
The carriage of any greater
load and/or persons and/or for a purpose for which the Vehicle
was designed and constructed; |
|
(f) |
The carriage of any animal
in the Vehicle unless authorized in writing or noted on Page
1 in SPECIAL CONDITIONS; |
|
(g) |
The use of the Vehicle for
racing, pacemaking, reliability trials, speed trials, hill climbing
or being tested in preparation for those activities; |
|
(h) |
The use of the Vehicle in
a dangerous manner; |
|
(I) |
The use of the Vehicle in
contravention of any legislation or regulation controlling vehicular
traffic. |
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4. Obligations of the Hirer/Joint
Hirer/Authorized Driver
NOTE: The Hirer/Joint Hirer and
Authorized Driver
are jointly and severally liable for compliance with the terms and
conditions of this Agreement. By entering into this Agreement You
are responsible for and irrevocably authorize the Company to debit
the credit card provided on Page 1 or any other credit card provided
(and You will pay the company on demand any balance) with the following
charges:
|
a) |
The rental charges specified on
Page 1; |
|
(b) |
All charges claimed by the Company
in respect of parking and/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 Vehicle
(including the loss or use of that Vehicle), legal expenses,
assessment fees, towing and recovery, consequential third party
damage, storage and company service charges where: |
| |
|
(I) |
Any term or condition of this
Agreement has been breached; |
|
(ii) |
The Vehicle is involved in
a single vehicle incident unless the Company waives such
loss to the Single Vehicle Incident Liability amount shown
on page 1 (which amount will apply in addition to the
Standard Liability Charge noted on Page 1). A Single Vehicle
Incident is defined as any incident where the Vehicle
suffers loss or damage as a result of an impact with any
object whether animate or inanimate except another vehicle
which can be fully identified and details of which have
been provided by You or on your behalf to the Company; |
|
(iii) |
You have left the Vehicle unlocked
or left the keys in the Vehicle; |
|
(iv) |
You have failed to keep the
key secure and under your personal control; |
|
(v) |
The underbody of the Vehicle
is damaged regardless of cause except where there is a
collision with another vehicle; |
|
(vi) |
The Vehicle is totally or partially
immersed in water regardless of the cause; |
|
(vii) |
The interior of the Vehicle
is damaged regardless of the cause except where there
is a collision with another vehicle; |
|
(viii) |
The
tires of the Vehicle are
damaged other than by normal wear and tear; |
|
(ix) |
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; |
|
(x) |
You have failed to maintain
all fluid and fuel levels of the Vehicle or failed to
immediately rectify or report to the Company any defect
in the Vehicle of which you have become or ought to have
become aware; |
|
(xi) |
The Vehicle is damaged by loading
or unloading, normal wear and tear excepted; |
|
(xii) |
You have failed to secure properly
any load or equipment which leads to loss or damage caused
by any part of the load or equipment |
|
(xiii) |
You use the Vehicle as an articulated
vehicle unless agreed to by the Company in SPECIAL CONDITIONS
on Page 1; |
|
(xiv) |
The exterior of the motor vehicle
is damaged regardless of cause except where there has
been a collision with another vehicle. |
|
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If You have paid for the hire of
the Vehicle by use of a credit card or directed the Company
to bill charges to some other person, corporation, firm or
organization
who or which fails to make payment when called upon by the Company,
You hereby irrevocably accept that You are liable and will immediately
pay the full amount due to the Company on demand. The Company,
in addition, may charge You interest at the rate of 18% per
annum calculated on a daily basis on all outstanding accounts
or charges payable in accordance with this Agreement, such interest
to be computed from the end of the rental period. |
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5. Damage Cover
Provided You and/or the
Authorized Driver act within
the terms and conditions of this Agreement, the Company will grant
damage cover (which includes your legal costs incurred with our
written consent) to You and/or the Authorized Driver in respect
of damage to the Vehicle and/or damage to any third party property
other than damage to any property owned by You (including any friend/
relative, associate or passenger) in your physical or legal control.
This cover is also subject to:
|
(a) |
You paying the COLLISION DAMAGE/LOSS
LIABILITY CHARGE on page 1; |
|
(b) |
You and/or the
Authorized Driver
not having breached any terms and conditions of this Agreement; |
|
(c) |
You and/or the
Authorized Driver
not being covered under any policy of insurance; and |
|
(d) |
You providing such information and
assistance as may be requested by the Company or anyone acting
on behalf of the Company. If cover is provided then the Company,
or its insurer, may bring, defend or settle any legal proceedings
in its/their sole discretion and the Company shall have the
sole conduct of any proceedings. Any such proceedings shall
be brought or defended in your name or the name of the
Authorized
Driver. |
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6. General Provisions
|
(a) |
If there is any incident involving
loss or damage to the Vehicle or involving the Vehicle while
rented under this Agreement, You and/or the Authorized Driver
shall promptly report such incident to the Company at the location
where the Vehicle was hired as well as delivering to the Company
immediately upon receipt by You and/or the Authorized Driver,
every summons, complaint or paper in relation to such incident
involving such loss or damage. You and/or the Authorized Driver
must also report all incidents to the police or other proper
authority; |
|
(b) |
You and/or the
Authorized Driver
irrevocably release and hold harmless the Company (and its agents
and employees) from all claims for loss or damage to your personal
property, or that of any other person’s property left in
the vehicle, or which is received, handled or stored by the
Company at any time before, during or after the rental period,
whether due to the Company’s negligence or otherwise; |
|
(c) |
You and/or the
Authorized Driver
acknowledge that the Company relies on the truth of your/the
Authorized Driver’s representations in this Agreement; |
|
(d) |
You and/or the
Authorized Driver
will not refuse or fail to take any blood analysis or breath
test requested by the police; |
|
(e) |
Except as provided by law, no driver
or passengers in the Vehicle shall be or deemed to be the agent,
servant or employee of the Company in any manner for any purpose
whatsoever; |
|
(f) |
The Company gives no express warranty
in relation to the motor vehicle. Certain conditions and warranties
are implied by statute, whether Commonwealth or State, which
cannot be excluded, restricted or modified, such as those under
the Trade Practices Act 1974. Where the Company is permitted
to limit its liability under those statutes for breach of an
implied condition or warranty the Company limits its liability
to replacement, repair or crisply of the Vehicle. All other
warranties, conditions and other obligations which may be otherwise
implied are expressly excluded in their entirety. The Company
is not liable to You and/or the Authorized Driver for any indirect,
special, incidental or consequential damages relating to this
Agreement; |
|
(g) |
No right of the Company under this
Agreement can be waived except by writing of an authorized officer
of the Company; |
|
(h) |
Words used in this Agreement to denote
any gender shall include all genders, singular words including
the plural, and noted on Page 1; |
|
(I) |
Notwithstanding any other provision
in this Agreement, a goods and services tax (GST) or any similar
tax, stamp duty or any other tax, duty, surcharge, levy or fee
(“charges”) imposed by Local, State or Federal Government
that is charged and collected by the Company is imposed anywhere
in Australia and has application to any supply or use made under
or in connection with this Agreement or in relation to the use
or the likely use of any roads, facilities or other infrastructure
by You and/or the Authorized Driver or in relation to the provision
of rental or other services to You or the Authorized Driver:
The Company may in addition to the rate, price or any other
amount or consideration quoted or expressed as payable elsewhere
in this Agreement, recover from You and/or the Authorized Driver
an additional amount on account of the charge. Any additional
amount on account of the charge shall be calculated without
any deduction or set-off of any other amount and is payable
to the Company upon demand. |
|
(j) |
You and/or the
Authorized Driver
acknowledge that your interest in the Vehicle is as a bailer
of the Company only and that You agree not to part with possession,
dispose of, encumber or assign any right or interest in the
Vehicle and not create any lien on the Vehicle for repairs; |
|
(k) |
You and/or the
Authorized Driver
agree to indemnify the Company from and against any or all claims,
demands, actions, liabilities, losses, costs and expenses (including,
but not limited to legal costs on an indemnity basis) incurred
by the Company as a consequence of the failure for whatever
reason of the due and punctual performance of your obligations
under this Agreement; |
|
(l) |
You acknowledge that the Company
has not in any way represented itself to You as an entity carrying
on the business of insurance; |
|
(m) |
You and/or the
Authorized Driver
must not at any time admit liability for any claim, loss or
demand and agree that if such admission is made by You and/or
the Authorized Driver then that is a breach of this Agreement. |
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7. Fuel
The Vehicle must be returned with the 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 noted on Page 1.
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8. Personal Accident Insurance (where applicable)
Personal Accident Insurance can be provided to You
and/or the Authorized Driver but only where You have accepted and
paid the appropriate premium on Page 1. Acceptance and payment of
that premium is deemed to be proof of coverage as well as your acceptance
of the terms, conditions and exclusions of the Personal Accident
Insurance policy. A copy of the policy document is available for
your inspection.
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