RENTAL AGREEMENT TERMS AND CONDITIONS (17/06/15)
This is an Agreement between the Hirer and any authorized driver (“You”) and the company (“the Company”), identified on the Schedule, to rent the motor vehicle (“the vehicle”) described on the Schedule including all its accessories, tools, tyres and equipment as well as any replacement vehicle.
VEHICLE CONDITION AND RETURN
You acknowledge the Vehicle is delivered to You in good operation 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 TYRE DAMAGE) together with its tools, tyres, accessories and equipment on the date and place specified on the Schedule (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, otherwise tampered with, You will be responsible for not only an extra charge based on 500kms 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 the Schedule, 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.
PERSONS WHO MUST NOT DRIVE THE VEHICLE
- A person who is not identified on the Schedule as either the Hirer, Joint Hirer or Authorised Driver
- A person who is driving the Vehicle whilst under the influence of a drug;
- A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years;
- A person who uses or intends to use the Vehicle for an illegal purpose.
- A person who is not licensed to drive the hired class of vehicle;
- A person whose blood alcohol exceeds the lawful percentage while driving the Vehicle;
- A person who has given or for whom You have false name, age, address or driver’s licence details;
- A person who has held a driver’s licence for any class of vehicle for less than two years;
CIRCUMSTANCES WHERE THE VEHICLE MUST NOT BE USED
- Any area outside the Area of Use shown on the Schedule;
- The carriage of any persons for hire or the carriage of any inflammable, explosive or corrosive materials;
- The carriage of any greater load and/or person and/or for a purpose for which the Vehicle was designed and constructed;
- The use of the Vehicle in a dangerous manner;
- Any unsealed roads or off-road conditions unless authorized by the Company;
- Pushing or towing any vehicle, trailer, boat or other object unless the Company has authorized such use in writing;
- The use of the Vehicle for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
- The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
OBLIGATIONS OF THE HIRER/JOINT HIRER
NOTE: The Hirer/Joint Hirer 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 the Schedule or any other credit card provided (and You will pay the company on demand any balance) with the following charges:
- The rental charges specified on the Schedule(and any GST). The Company may in addition to this rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from You an additional amount on accounts of the charge. Any additional amount on account of the charge shall be calculated without deduction or set-off any other amount and is payable to the Company upon demand;
- 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;
- All loss or damage to the Vehicle (including the loss or use of the Vehicle), legal expenses, assessment fees, towing and recovery, consequential third party damages, storage and company service charges where, inter alia
- Any terms or conditions of this Agreement has been breached;
- The Vehicle is involved in a single vehicle incident unless the Company waives such loss to the Single Vehicle Incident Liability amount shown on the Schedule (which amount will apply in addition to the Standard Liability Charge noted on the Schedule). 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 of the Company;
- You have left the Vehicle unlocked or left the keys in the Vehicle;
- The underbody of the Vehicle is damaged regardless of cause except where there is a collision with another vehicle;
- The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another vehicle;
- 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;
- The Vehicle is damaged by loading or unloading, normal wear and tear excepted;
- You use the Vehicle as an articulated vehicle unless agreed to by the Company in SPECIAL CONDITIONS on the Schedule;
- You have failed to keep the key secure and under your personal control;
- The Vehicle it totally or partially immersed in water regardless of the cause;
- The tyres of the Vehicle are damaged other than by normal wear and tear;
- 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;
- 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;
- The exterior of the motor vehicle is damaged regardless of cause except where there has been a collision with another vehicle.
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 fully 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 account or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period.
Provided You 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 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 You: paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on the Schedule; not having breached any terms and conditions of this Agreement; not being covered under any policy of insurance; and 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 being, 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.
- If there is any incident involving loss or damage to the Vehicle while rented under this Agreement, You shall promptly report such incident to the Company at the location and deliver to the Company immediately upon receipt any summons, complaint or paper in relation to such incident involving such loss or damage. You must also report all incidents to the Police or other property authority;
- You will not refuse or fail to take any blood analysis or breath test required by the Police;
- The Company gives no express warranty in relation to the Vehicle. Certain conditions and warranties are implied by statute, 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 resupply 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 for any indirect, special, incidental or consequential loss or damage relating to this Agreement;
- You acknowledge that your interest in the Vehicle as a bailee of the Company only and that You agree not to lend the Vehicle to another, 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;
- You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance;
- You 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;
- You acknowledge that the Company relies on the truth of your representations in this Agreement;
- Except as provided by law, no driver or passengers in the Vehicle shall be or deemed to be the agent, servant or employed of the Company in any manner or purpose whatsoever;
- No right of the Company under this Agreement can be waived except by writing of an authorized office of the Company;
- Words used in this Agreement to denote any gender shall genders, singular words including the plural, and noted on the Schedule;
- Notwithstanding any provision in this Agreement, a goods and services tax (GST) or similar tax, stamp duty or any other tax, duty, surcharge, levy or fee (“Taxes”) 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, or in relation to the provision of rental or other services to You.
- You agree to indemnify the Company from and against any or all claims, demands, action, 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 whatsoever reason of the due and punctual performance of your obligations under this Agreement;
- You must not at any time admit liability for this claim, loss or demand and agree that if such admission is made by You then that is a breach of this Agreement.
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 the rate which may include a service component unless prior arrangements have been made and noted on the Schedule.