Rental Agreement Terms and Conditions

Rental Agreement Terms and Conditions

 

This is an agreement between the Hirer and the company (“the Company”) described on the page1 including all its accessories, tools, tyres and equipment as well as any replacement vehicle. The vehicle is made available to you the bailee at will to the following conditions:

  1. Vehicle conditions and return

You acknowledge the vehicle is delivered to You in good operating conditions with the seal of 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 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 the 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 standard kilometer allowance per day at 50c per kilometer but also for any cost of repairing the odometer. NOTE: If there is to be any extension of the period of hire beyond that stated on page1,the company must be notified and it must agree to such extension in writing, otherwise the vehicle would immediately reported to the police as stolen.

  1. Person who must not drive the vehicle
  2. a) person who is not identified on page 1 as either the Hirer ,Joint Hirer or Authorized Driver 
  3. b) A person who is not licensed to drive the hired class of vehicle:
  4. c) A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the vehicle;
  5. d) A person who is driving the vehicle whilst under the influence of a drug:
  6. e) A person who has given or for whom you have given a false name, age, address, or driver’s license details;
  7. f) A person whose driver’s license has been cancelled endorsed or suspended within the last three years;
  8. g) A person who has held a driver’s license for any class of vehicle for less than two years:
  9. h) A person who intends to use the vehicle for an illegal
  10. Circumstance where the vehicle must not be used
  11. a) Any area outside the Area of Use shown on page 1;(SYDNEY METROPOLITAN AREA)
  12. b) Any unsealed roads or off-road conditions unless authorized by the company in the area of use on page 1:
  13. c) The carriage of any persons for hire or the carriage of any inflammable, explosive or corrosive materials;
  14. d) Pushing or towing any vehicle, trailer, boat or any object unless the Company has authorized such use in writing;
  15. e) The carriage of any greater load and/or persons and/or a purpose for which the vehicle was designed and constructed;
  16. f) The carriage of any animal in the vehicle unless authorized in writing or noted on page 1 in SPECIAL CONDITIONS;
  17. g) The use of the Vehicle for racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
  18. h) The use of vehicle in a dangerous manner;
  19. i) The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
  20. 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 the agreement. By entering into the Agreement, You are responsible for and irrevocably authorize the Company to debit the credit card provider on page1 or any other credit card provided (and You will pay the Company on demand any balance) with the following charges:
  21. a) The rental charges specified on page 1
  22. 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; a $66.00 administration charges applies
  23. c) All loss or damage to the Vehicle (including the loss of use of that vehicle), legal expenses, assessment fees, towing & recovery, consequential third party damage, storage and company service charges where:
  24. i) Any term or condition of the agreement has been breached;
  25. ii) The vehicle is involved in a single vehicle accident unless the Company waives such loss the Single Vehicle Accident Liability amount shown on page1 (which amount will apply in addition to the Standard Liability Charge noted on page1). A Single Vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of 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 your behalf to the Company.

iii) You have left the Vehicle unlocked or left the keys in the Vehicle;

  1. iv) You have failed to keep the key secure and under your personal control;
  2. v) The under body of the Vehicle is damaged regardless of cause except where there is a collision with another vehicle;
  3. 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 tyres of the Vehicle are damaged other than by the normal wear and tear;

  1. 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;
  2. x) You have failed to maintain al 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;
  3. xi) The Vehicle is damaged by loading, unloading, normal wear and tear excepted;

xii) You have failed to secure properly any load or equipment which leads tools or damage caused By any part of the load or equipment;

xiii) You use the Vehicle as an articulated vehicle unless agreed by the Company in SPECIAL CONDITIONS on page1;

xiv) 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 the 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 changes when called upon by the company, You hereby irrevocably accept that You are liable and will immediately pay the full amount 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 the Agreement; such interest to be computed from the end of the rental period.

  1. You will drive the Vehicle in a way that complies with road safety and will adhere to all road rules such as seat belts, mobile phones, child restraints
  2. You will meet the cost of restoring the Vehicle to pre hire condition if the vehicle is returned unclean and unpresentable manner;
  3. General excess $2750, additional age excess applies to an additional $350.00 for persons under 25 years of age. In the event of a single vehicle accident the $2750 excess applies (applicable when the excess reduction has been chosen)
  4. A $24.30 additional driver fee applies
  5. Costs of providing road side assistance, towing etc where the breakdown has not arisen from an inherent problem within the vehicle will be met by the hirer
  6. Damage cover

Provided You and/or the Authorized Driver act within the terms and conditions of the Agreement the Company will grant damage cover (which include 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 legal control

This cover is also subject to:

  1. You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on page1;
  2. You and/or the Authorized Driver not having breached any terms and conditions of this agreement,
  3. You and/or the Authorized Driver not being covered under any policy of insurance; and
  4. You providing such information and assistance as may be requested by the Company or anyone acting on the behalf of the Company. If cover is provided, then the Company, or insurer, may bring, defend or settle any legal proceeding 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.
  5. General provisions
  6. 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 mat 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 summon, complaint or paper on 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;
  7. b) You and 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 persons properly 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;
  8. c) You and/or the Authorized Driver acknowledge that the Company relies on the truth of Your and/or the Authorized Driver’s representations in this Agreement;
  9. d) You and/or the Authorized Driver will not refuse or fail to take any blood analysis or breathe test requested by the police;
  10. e) Except as provided by law, no driver or passengers in the vehicle shall be deemed to be the agent, servant or employee of the Company in any manner for any purpose whatsoever;
  11. f) The company gives no express warranty in relation to the motor vehicle. Certain conditions and warranties are supplied by the 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 resupply of the vehicle. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their consequential damages relating to this Agreement.
  12. g) No right of the Company under this Agreement can be waived except by writing of an authorized officer of the Company;
  13. h) Words used in this Agreement denoting any gender shall include all genders, singular words include the plural and noted on page1;
  14. i) Not withstanding 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 conjunction 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 be 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 shall be calculated without any deduction or set-off of any other amount and is payable to the Company upon demand.
  15. j)  You and/or the Authorized Driver acknowledge that your interest in the vehicle is as a bailee 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;
  16. k) You and/or the Authorized Driver agree to indemnify the Company from and against all claims, demands, actions, liability, 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;
  17. l) You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance;
  18. 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 the Agreement;
  19. Fuel

The vehicle must be returned with the amount of fuel equal to that at the time of rental. If the Vehicle is returned deficient of the fuel the Hirer authorizes the Company to charge the cost of fuel replenishment of $2.50 per liter with a refueling charge of $15.00

  1. 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 page1. 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.
  2. Time charges 

Rental days consist of consecutive 24 hour periods starting at the time of commencement of rental. If the Vehicle is returned after the allocated rental period without the Agreement of the Company an additional minimum hourly rate of $22.00 per hour will be applied.

  1. Infringement Notices/Toll Notices 

A fee of $66.00 will be charged for hiring legal obligations relating to any infringement notices, traffic or otherwise, including but not limited to speeding fines and toll evasion.

  1. Damage 

Should the Vehicle be returned to a location other than the rental company, damage sustained to the vehicle is deemed to be the responsibility of the hirer until such time as the vehicle is collected by the Company from such location.

  1. Cleaning fees

A cleaning fee of $66 is applicable for any vehicle that is not returned in the same condition as it is rented out, or further charges in the event that requires a professional detail service.

  1. No smoking rule applies at all time. A $250 cleaning fee will charged to the nominated credit card.
  2. For legal reasons baby and car seats can be fitted at authorized station for additional fee.

 

  

 

 

 

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