This is an Agreement between the prospective hirer identified on Page 1. (you) the Company identified on page 1 (the Company) to rent the motor vehicle described on Page 1
including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).
An Authorised Driver is you and any additional driver who is identified on Page 1. Joint Hirers/Drivers are jointly and severally responsible under this Agreement.
1. VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition and 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 DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on Page 1
and on the date there specified (or sooner, if demanded by the Company). The Company may take possession of the vehicle without demand and at your expense. If
it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned.
If the seal of the odometer is broken the persons responsible will be reported to the appropriate authority and you are responsible for extra charges based on
500 kilometres per day at 50¢ per kilometre.
Note: The company must be notified and agree to any extension of the period of hire beyond that states on Page 1 of this agreement in advance of the return date
and time or the vehicle will be immediately reported as stolen.
2. FUEL
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 on page 1.
3. UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle:
(a) A person who is not licensed for that class vehicle.
(b) A person whose blood alcohol concentration exceeds the lawful percentage.
(c) A person who has given or for whom you have given a false name, age, address or driver's licence details.
(d) A person whose driver's licence has been cancelled, endorsed or suspended within the last three years.
(e) A person who has held a driver's licence for less than two years.
(f) A person under the age of twenty one years.
Circumstances in which and/or for which the vehicle must not be used:
(f) Outside the area of use limitations shown on Page 1.
(g) On unsealed roads or off road conditions unless authorised by us in writing.
(h) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
(i) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing.
(j) To carry any greater load and/or more persons than is lawful.
(k) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
(l) In a dangerous manner.
(m) In contravention of any State Road Traffic Regulation or for any illegal purpose.>
4. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU ARE RESPONSIBLE FOR AND YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (AND YOU WILL PAY ON DEMAND ANY
BALANCE) WITH THE VALUE OF DAMAGE OR LOSS TO THE VEHICLE (INCLUDING LOSS OF USE DURING REPAIR TIME) ARISING OUT OF THE
FOLLOWING CIRCUMSTANCES:
(a) Where the vehicle is involved in a single accident unless the Company waives such loss to an amount shown on Page 1.
(b) Where the underbody of the vehicle is damaged regardless of cause when no other vehicle is involved.
(c) Where the vehicle is totally or partially immersed in water regardless of cause.
(d) Where the interior of vehicle is damaged regardless of cause when no other vehicle is involved.
(e) Where the tyres of the vehicle are damaged other than normal wear.
(f) Where the vehicle is damaged by driving it under or into an object lower than the height of the vehicle.
(g) Where you have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware.
(h) Where the vehicle is damaged by loading or unloading other than normal wear.>
5. LOSS/DAMAGE WAIVER
If you act within the terms and conditions of this agreement the company will grant a loss/damage waiver (including legal costs incurred with our consent) for your
benefit in respect of damage to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in your
physical or legal control. This cover is subject to:
(a) Your payment of the "minimum rental loss of use/damage/loss/liability limit" stated on Page 1.
(b) Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special
conditions of Page 1.
(c) Your not being covered under any policy of insurance which may extend to the motor vehicle.
(d) Your providing such information and assistance as may be requested and, is necessary, authorising the company insurer to bring, defend or settle legal
proceedings, but the company shall have sole conduct of the proceedings.
6. FINANCIAL OBLIGATIONS
YOU ARE RESPONSIBLE AT ALL TIMES AND WILL PAY THE COMPANY BY ALLOWING AND AUTHORISING THE DEBITING OF THE CREDIT
CARD/DEPOSIT OR ON DEMAND FOR THE BALANCE FOR THE FOLLOWING CHARGES:
(a) All rental charges specified on Page 1.
(b) All charges claimed from the company in respect of parking or any traffic violations incurred during the period of hire or until such later time as the vehicle is
returned to the Company.
(c) All charges for repair to the motor vehicle (including loss of use), legal expenses, assessment fees, towing and recovery, storage and Company service charges
where this agreement or special condition on Page 1 has been breached.
Special Note: If you have paid by use of a credit card or directed the Company to bill charges to some other person, corporation, firm or organisation who or which
fails to make payment when due, you will immediately pay the full amount due to the Company on demand.
7. GENERAL PROVISIONS
(a) You will promptly report any accident or loss involving the vehicle while rented under this agreement to the Company location where the vehicle was hired and
will deliver to the Company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the
hirer from reporting an accident to police or other proper authorities.
(b) You release and hold harmless the Company (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 company at any time before, during or after this rental period, whether due to the
Company's negligence or otherwise.
(c) In no event shall any driver or passenger in the vehicle be or deemed to be the agent, servant or employee of the Company in any manner for any purpose
whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE
CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(e) No right of the Company under this agreement may be waived except in writing by an officer of the company.
(f) Words used in this agreement to denote any gender shall include all genders, singular words include the plural, and vice versa.
8. You acknowledge that the company has not in any way represented itself to you as an entity carrying on the business of Insurance.
