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Terms and Conditions

This is an Agreement between the Renter ("You") and the Owner ("the Owner"), identified on Page 1, to rent the motor vehicle ("the Vehicle") described on Page 1 including all its accessories, tools, tyres and equipment as well as any replacement vehicle.

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 end tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE) together with its tools, tyres, accessories and equipment on the date and place specified on Page 1 (or sooner if demanded by the Owner).   The Owner 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 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 Page 1, the Owner must be notified and it must agree to the extension in writing, otherwise the Vehicle will be immediately reported to the police as stolen.

2. PERSONS WHO MUST NOT DRIVE THE VEHICLE
(a) A person who is not identified on Page 1 as either the Renter, Joint Renter;
(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 license details;
(i) A person whose driver's license has been cancelled endorsed or suspended within the last three years;
(g) A person who has held a driver's license 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
(i) A person who is under the age of 21;
(j) A person who holds a provisional driver's license;
(k) A person who holds a probationary driver's license.

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;
(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 Owner has authorized of such 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;
(i) The use of the Vehicle for racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
(g) The use of the Vehicle in a dangerous manner;
(h) The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
(i) You will not carry any animals in the vehicle, as a cleaning charge will apply, minimum $60.
(j) Smoking is not permitted in the vehicle as a cleaning charge will apply of a minimum $60.

4. OBLIGATIONS OF THE RENTER/JOINT RENTER NOTE:
The Renter/Joint Renter 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 authorise the Owner to debit the credit card provided on Page 1 or any other credit card provided (and You will pay the Owner on demand any balance) with the following charges:
(a) The rental charges specified on Page 1;
(b) All charges claimed by the Owner 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 Owner;
(c) All loss or damage to the Vehicle regardless of who is at fault (including the loss or use of that Vehicle), legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and owner service charges.
(d) The renter/driver acknowledges that he/she is liable for any "loss of use" of the vehicle while being cleaned or repaired. Loss of use will be calculated as quoted by the repair time or cleaning time.
(e) The renter/driver acknowledges that any repair of the vehicle arising out of any accident, incident or damage to the vehicle or third party will be repaired by a qualified repairer authorised by the owner;
(f) The owner may charge the renter/driver a cleaning charge (an amount of which is to the owners discretion) if he feels the vehicle is unreasonably dirty.
(g) If the vehicle is returned unreasonably dirty or at night or at a time in which the vehicle cannot be properly inspected for any damages, the renter/driver acknowledges that he/she is still liable for any such damages and must pay for the amount owing for such damages immediately.
(h) If an error is made in the calculation of the rental payment, the rental amount shall be recalculated and any amounts refundable will be refunded and any amounts owed shall be paid on demand by the renter/driver, upon final audit.
(i) The daily rental charges are for a period of twenty four (24) hours unless otherwise specified. If the renter/driver does not return the vehicle to the owner by the agreed due in time as specified overleaf, the renter/driver shall pay in addition to the daily rental charges up to the time of return an amount of $10.00, per hour or part thereof. If the renter/driver returns the vehicle more than 4 hours after its due, they will be charged an extra 1 day rental.
(j) No refund will be given for early returns and the renter/driver acknowledges that he/she is still liable to pay the owner all costs and charges incurred on this rental agreement
(k) Any fault or defect or problem with the vehicle should be reported immediately to the owner, so as the owner can repair or replace the vehicle, at their discretion. No refund or compensation or discount shall be given for the above faults, and they should be reported immediately and not at the end of the rental so the owner has the opportunity to rectify any problem, as soon as possible.
(l) If a Company is nominated to pay charges incurred under thin contract and the Company fails to settle the bill, the renter/driver nominated overleaf is still fully liable to pay all charges upon demand to the Owner.
(m) The renter/driver authorises the owner to debit their credit card/or deposit and agree to pay on demand all charges under this contract.

5. DAMAGE COVER F
(a) Provided You act within the terms and conditions of this Agreement, the Owner 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:
(i) The DAMAGE LIABILITY amount on Page 1;
(ii) You paying any DAMAGE LIABILITY REDUCTION CHARGE on Page 1;
(iii) An additional $500 charge to the damage liability amount shown on Page 1, if the Vehicle is involved in a single vehicle incident. 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 Owner;   This also includes damage caused by theft or vandalism, and is also payable even if the vehicle is not recovered.
(iv) You not having breached any terms and conditions of this Agreement,
(v) You not being covered under any policy of insurance; and
(vi) You providing such information and assistance as may be requested by the Owner or anyone acting on behalf of the Owner. If cover is provided then the Owner or its insurer, may bring, defend or settle any legal proceedings in its/their sole discretion and the Owner shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name.
(b) This Damage Cover is not available to you if
(i) Any term or condition of this Agreement has been breached;
(ii) The vehicle has been stolen and/or damaged in the event that You have left the vehicle unlocked, and/or you have failed to secure the vehicle with an appropriate security device, clublock, steering lock etc, if one has been supplied with the hire of the vehicle;
(iii) The vehicle has been stolen and/or damaged in the event that You have failed to keep the key secure and under your personal control, or left the keys in the vehicle.
(iv) The under body of the Vehicle is damaged regardless of cause except where there is a collision with another vehicle;
(v) The Vehicle is totally or partially immersed in water regardless of the cause;
(vi) The vehicle is damaged by reversing;
(vii) The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another vehicle;
(viii) The tyres, wheels, caps, suspension etc of the Vehicle is/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 or any other overhead damage to 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 Owner 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;
(xiv) The exterior of the motor vehicle is damaged regardless of cause except where there has been in a collision with another vehicle.
(c) If you have paid for the Vehicle by use of a credit card or directed the Owner to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when called upon by the Owner, You hereby irrevocably accept that You are liable and will immediately pay the full amount due to the Owner on demand.   The Owner, 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.

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 shall promptly report such incident to the Owner at the location where the Vehicle was hired as well as delivering to the Owner immediately upon receipt by You every 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 proper authority;
(b) You irrevocably release and hold harmless the Owner (and its agents end employees) from all claims for loss or damage to your personal property, or that of any other persons property left in the Vehicle, or which is received, handled or stored by the Owner at any time before, during or after the rental period, whether due to the Owner's negligence or otherwise;
(c) You acknowledge that the Owner relies on the truth of your representations in this Agreement;
(d) You 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 Owner in any manner for any purpose whatsoever;
(f) The Owner gives no express warranty in relation to the motor vehicle.   The Owner is not liable to You for any indirect, special, incidental or consequential damages relating to this Agreement;
(g) The renter/driver acknowledges that the owner is not liable for any loss caused by the theft of or any damage to personal property from the vehicle or loss of any property left in the vehicle during or after the end of the rental period.
(h) You will not refuse or fail to undergo a breath or blood analysis in compliance with the directions of a member of the police force or any other authorised person.
(i) No verbal agreements or representations made by the owner will apply unless otherwise agreed in writing
(j) The renter/driver acknowledges that all the terms and conditions of this contract apply to any replacement vehicles, of the original rented.

7. OTHER GENERAL PROVISIONS
No warranty what so ever is given in relation to the vehicle and in particular the owner shall not be liable to the renter/driver for any damage, loss or delay through mechanical defect, break down, or accident of the vehicle
(a) No right of the Owner under this Agreement can be waived except by writing of an authorised officer of the Owner;
(b) Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, end noted on Page1;
(c) Notwithstanding any other provision in this Agreement, a goods and services tax (GST) or any similar tax, duty or surcharge, levy or fee ("charges") imposed by Local, State or Federal Government that is charged and collected by the Owner 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: The Owner 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 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 Owner upon demand.
(d) You acknowledge that your interest in the Vehicle is as a bailee of the Owner only and that You agree not to part with possession, dispose or encumber or assign any right or interest in the Vehicle and not create any lien on the Vehicle for repair;
(e) You agree to indemnify the Owner 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 Owner as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement;
(f) You acknowledge that the Owner has not in any way represented itself to You as an entity carrying on the business of insurance;
(g) You must not at any time admit liability for any claim, loss or demand and agree that if such admission is made by You then that is a breach of this agreement.

8. 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. No reimbursement will be paid for more fuel.

9 ADDITIONALSTO RENTALAGREEMENT
If there are any additionals to the rental agreement, the renter acknowledges them by signing the additionals to the rental agreement sheet (page 3) if required, and accept the terms and conditions of page 1 and page 2 of the original rental agreement signed. * See additional damage card if there are any replacement vehicles * See additional renter/drivers sheet if there are any additional renter/drivers.

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