VEHICLE RENTAL AGREEMENT
This is an Agreement (the Agreement) between the Hirer (1) and/or Hirer (2) (the Hirer) and/or the Credit Card Holder (You or Your) and the Company (the Company) to rent the motor Vehicle (the Vehicle) described on Page 1, including all accessories, tools, tyres, equipment and any replacement Vehicle on the terms and conditions contained on Page 1 and below:
You acknowledge and agree:
(a) You are jointly and severally liable for any breach of the Agreement.
(b) That the information supplied by You is true and correct and that You will continue to supply true and correct information throughout the period of this Agreement.
(c) The Vehicle is delivered to You in good operating condition as per the vehicle condition report signed by You and with the seal of the odometer unbroken.
(d) To return the Vehicle (together with all tools, tyres, accessories and equipment) in the same condition (except for ordinary wear and tear) to the Company location and on the Date and time of Return specified on Page 1 (or sooner, if demanded by the Company).
(e) The Company, in advance of the return date, must be notified of and agree to any extension to the Date and Time of Return beyond that stated on Page 1 of this Agreement otherwise the Company may immediately report an overdue Vehicle to the Police as being illegally in the possession of the Hirer and/or Authorised Driver.
(f) If the Vehicle is returned outside the operating hours of the Company the Vehicle remains Your responsibility under this Agreement until the Company has inspected and accepted the return of the Vehicle.
(g) The Company may, at Your expense, take possession of the Vehicle without notice if it is illegally parked, apparently abandoned or used illegally or in breach of this Agreement.
Breach of any one or more of the following terms and/or conditions 2(i),(ii) and (iii) below is deemed to be a breach of this Agreement resulting in You not being covered by the B.D.C. and/or M.D.C. and Your hirers Liability Amount not being restricted to $2,500.00 and You being required to pay the full amount of all loss and/or damage caused to the property of the Company and/or any third party.
(i) Persons prohibited from driving the Vehicle:
The following persons are prohibited from driving the vehicle:‑
(a) A person who has given or for whom You have given, whether intentionally or not, a false name, age, address or drivers licence details.
(b) A person who is not the Hirer or who has not been authorised by the Company in writing.
(c) A person who is not licensed for that class of vehicle.
(d) A person who holds a Learners or Provisional Drivers Licence.
(e) A person who has held a drivers licence for less than five years.
(f) A person who is under the age of 23 or over the age of 75.
(g) A person whose driver’s licence has been cancelled or suspended within the last 3 years.
(h) A person whose blood alcohol concentration exceeds the lawful percentage, or who is under the influence of intoxicants or drugs or who refuses to take any test or provide any sample requested by or on behalf of the Police.
(ii) Prohibited Uses & Actions
It is prohibited for You to:‑
(a) Use the vehicle outside the Sydney Metropolitan Area.
(b) Use the vehicle on unsealed roads or off-road conditions.
(c) Use the vehicle in or around snow fields when snow is present, and/or where snow chains are required.
(d) Carry persons for hire or to carry any inflammable, explosive or corrosive materials.
(e) Propel or tow any Vehicle, trailer, boat or other object.
(f) Carry any greater load and/or number of persons than is lawful for the class of vehicle.
(g) Carry any animal or pet in the vehicle.
(h) Use the vehicle for licence testing, racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for these uses.
(i) Fit roof-racks including soft roof-racks.
(j) Use the vehicle negligently, recklessly or dangerously.
(k) Use the vehicle in contravention of any:‑
(i) legislation or regulation controlling vehicular traffic or road safety including negligent, reckless or dangerous driving, and/or
(ii) for any illegal purpose.
(l) Drive in excess of posted speed limits and/or contrary to other advisory signs.
(m) Smoke in the Vehicle.
(n) Admit liability for, pay for or agree to pay for any incident involving the Vehicle.
(o) Fail to take reasonable steps to identify the third party or third party vehicle involved in any incident involving the Vehicle.
(p) Fail to report any incident to the Company and to the Police or other appropriate authority, as soon as reasonably practicable and/or within 24 hours of the incident.
(q) Leave the Vehicle unlocked, and/or leave the keys in the Vehicle or do not keep the keys secure and under Your personal control.
(iii) Types of Damage Not Covered
Without limiting Your obligation under Clause 1(c) You must not damage the Vehicle as follows:‑
(a) Damage to the underbody of the Vehicle when no other Vehicle is involved.
(b) Damage to the Vehicle by total or partial immersing the Vehicle in water where no other vehicle caused or contributed to the loss or damage.
(c) Damage to the interior of the Vehicle regardless of cause when no other vehicle has caused or contributed to the loss or damage.
(d) Damage to the Vehicle as a result of an impact with a part of the kerb, gutter, road or ground road surface when no other vehicle has caused or contributed to the damage;
(e) Damage to the Vehicle being a bus, truck and/or any third party property caused by driving the Vehicle under or into an object lower than the height of the Vehicle [“overhead damage”].
(f) Damage to the roof and/or turret of the Vehicle (being a truck or bus).
(g) Damage caused to or by any part of the tray body, curtain body, and/or pantec body (rear doors, rear steps, tail gate loader and control box are part of the tray/curtain/pantec body).
(h) Damage to Your personal property or that of any other person.
(i) Damage to the Vehicle by You failing to maintain all fluid and fuel levels or You failing to immediately report to the Company any defect of the Vehicle of which You become aware.
(j) Damage to the engine, clutch, brakes or mechanical components by Your manner of maintaining or operating the Vehicle (including using incorrect fuel or fluid).
(k) Damage to the Vehicle by loading or unloading, persons, animals, goods or other objects into or from the Vehicle.
(l) Damage to the Vehicle by failing to secure properly any item in or on the Vehicle.
(m) Damage to the wheels, tyres, windscreens and/or windows which in the absolute and sole discretion of the Company, necessitates replacement.
(n) Damage to or loss of any GPS, tools, moving trolleys or other equipment.
(o) Vehicle towing and storage charges.
(i) You are jointly and severally liable for any breach of the terms and conditions of the Agreement by You or any driver of the Vehicle.
(ii) A breach of one or more of the terms and/or conditions of this Agreement will result in You not being covered by the B.D.C. and/or M.D.C. and will result in Your Hirer’s Liability Amount not being restricted to $2,500.00 and will result in You being required to pay the full amount of all loss and/or damage caused to the Property of the Company and/or any third party.
By entering into this Agreement on Page 1 You authorise the Company to debit Your credit card at the beginning of the Hire for the deposit of $550 and you agree that the Company may deduct any amounts payable under this Agreement from Your credit card and You agree to pay all fees, charges and damages demanded by or on behalf of the Company as follows:‑
(a) A security deposit of $550 from your credit card as partial security for your compliance with this Agreement.
(b) All fees and charges specified on Page 1 and in Clause 3 of this Agreement.
(c) A charge of $2500.00 when the Vehicle or other property is damaged and no terms and/or conditions of this Agreement have been breached or not fulfilled and B.D.C. or M.D.C. is not accepted at the Date and Time of Pick‑up.
(d) All loss or damage to the Vehicle and any other property belonging to the Company or any third party (including loss of rental income, assessment fees, towing and recovery fees, storage fees, service charges, legal expenses, debt recovery fees and interest associated with recovering any amounts You are liable to pay the Company) where:‑
(i) Any terms and/or conditions of this Agreement have been breached; and/or
(ii) You or some other person, corporation, firm or organisation that You nominated or arranged to pay all charges, fees and/or damages, fails to make payment when demanded by the Company.
(e) The Location fee where the Vehicle is returned to a location other than that specified on Page 1.
(f) The repair of the odometer and all hire charges based on 500 kilometres per day at the per kilometre rate specified on Page 1 for the entire hire period if the odometer or the seal of the odometer is broken or damaged.
(g) An administration charge of $15.00 for any parking or toll fine or traffic violation.
(h) Roadside Assistance/Road Service Charge at the rate of $50.00 per incident unless B.D.C. or M.D.C. accepted.
(i) Vehicles returned after the Date and Time of Return will incur charges at the rate of $10 per hour for cars; $15 per hour for utilities, $20 per hour for vans, people movers and buses; and $30 per hour for trucks.
(j) A cleaning charge of $100 if at the Date and Time of Return, in the Company’s absolute and sole discretion, the Vehicle requires a clean over and above the Company’s usual clean.
(k) A cleaning charge of $100 where smoking has occurred in the Vehicle and/or pets or animals have entered the Vehicle.
(l) Cancellation charges where You cancel the hire as follows:‑
(i) More than 48 hours prior to Date and Time of Pick‑up ‑ $50.
(ii) Less than 48 hours prior to Date and Time of Pick‑up ‑ 50% of total hire charge.
(iii) By failing to show up on the Date and Time of Pick‑up ‑ 100% of total hire charge.
(m) All extra items hired with the Vehicle (GPS, baby seat, moving trolley, etc) when returned after the Date and Time of Return will be charged at their full daily rate.
The Company agrees to waive Your obligation under Clause 1(d) where you have accepted B.D.C or M.D.C. on Page 1 of the Agreement.
(a) The B.D.C. and M.D.C. is subject to:‑
(i) Your payment of the prescribed B.D.C. and M.D.C. and the applicable Hirer’s Liability Amount stated on Page 1 of this Agreement and financial obligations under Clause 3.
(ii) You and/or the Authorised Driver not being covered under any policy of insurance covering You for the loss and/or damage caused in the incident.
(iii) You and the Authorised Driver complying with the terms and conditions of Page 1 and 2 of this Agreement and in particular Clauses 2 and 5 of this Agreement.
(iv) B.D.C. and M.D.C. do not cover damage referred to in Clause 2(iii) above.
(b) Where You accept and pay for B.D.C. or M.D.C. and all other financial obligations under paragraph 3 then, subject to paragraphs (a) above, the Company will reduce Your $2,500 Hirer’s Liability Amount under Clause 3(c) to the applicable Hirer’s Liability Amount stated on Page 1 of this Agreement.
(a) The Company or its agent or insurer may in their absolute discretion have sole conduct of legal proceedings commenced or defended in Your name, the authorised driver’s name or in the Company’s name.
(b) You and/or the Authorised 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 or for which the Company becomes liable as a consequence of Your breach of this Agreement or Your failure, for whatever reason, to duly and punctually perform Your obligations under this Agreement.
(c) You and/or the Authorised Driver irrevocably release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to –
(i) Any personal property, or property within Your physical or legal control or belonging to any person left in the Vehicle, damaged by the use of the Vehicle, or which is received, handled or stored by the Company (whether negligent or not).
(d) You and/or the Authorised Driver must deliver to the Company immediately upon receipt by You and/or the Authorised Driver, every summons, complaint, paper or correspondence in relation to such incident involving such loss or damage. To the extent of the prejudice (liability not able to be contested, interest, costs, etc) flowing from any delay, You will be liable to the Company.
(e) The company gives no express warranty in relation to the Vehicle. Any warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. Where certain conditions and warranties implied cannot be excluded, restricted or modified, where so permitted, the Company limits its liability to replacement, repair or re-supply of the Vehicle.
(f) Except as provided by law, neither You nor any driver or passengers in the Vehicle shall be deemed to be the agent, servant or employee of the Company.
(g) The Company is not liable to You and/or the Authorised Driver for any indirect, special, incidental or consequential damages relating to this Agreement.
(h) No right of the Company under this Agreement can be waived except in writing by an authorised officer of the Company.
(i) You and/or the Authorised 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, create any lien or assign any right or interest in the Vehicle.
(j) You acknowledge that the Company does not insure You or the Vehicle and that the Damage cover offered is not insurance and that the Company has not in any way represented itself to You as an entity carrying on the business of insurance.
(k) You are not to arrange any repair or other work to the Vehicle during the Agreement. You agree that the Company will use a mechanic/repairer of its choice for any repairs or work.
(l) The Company and/or its employees are the sole arbiter of whether damage to the Vehicle is/is not the result of fair wear and tear.
The Vehicle must be returned with the amount of fuel equal to level recorded on Page 1. If the Vehicle is returned with less fuel then the difference will be charged at a rate nominated on Page 1 of this Agreement which rate You acknowledge includes a service component. No refund will be given if the Vehicle is returned with more fuel than that recorded unless the Company so authorises.