Terms and Conditions
RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS
This is an agreement between the prospective hirer identified on Page 1 (you) and 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).
1. VEHICLE CONDITION AND RETURN The vehicle is delivered to you in good operating condition and with the seal on 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. It 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 50c per kilometre. Note: The Company must be notified and agree to any extension of the period of hire beyond that stated on Page 1 of the agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.
2. UNAUTHORISED AND PROHIBITED USE Persons who must not drive the vehicle:
(a) A person who is not identified on Page 1.
(b) A person who is not licensed for that class of vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage.
(d) A person who has given or for whom you have given a false name, age, address or driver ‘s licence details.
(e) A person whose drivers licence has been cancelled or suspended within the last three years.
(f) A person who has held a drivers licence for less than two years. CIRCUMSTANCES IN WHICH AND/OR FOR WHICH THE VEHICLE MUST NOT BE USED.
(g) Outside the area of use limitations shown on Page 1.
(h) On unsealed roads or off roads conditions unless authorised by us in writing.
(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
(j) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing.
(k) To carry any greater load and/or more persons than is lawful.
(l) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
(m) In a dangerous manner
(n) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.
3. FINANCIAL OBLIGATIONS Special Note. Joint hirers and all drivers are jointly and severally responsible under this agreement. YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT OF PAGE 1 YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:
(a) All rental charges specified on Page 1.
(b) All charges claimed from the Company in respect of parking or any other 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
(i) any condition of this agreement, and in particular Condition 2, or any special condition of Page 1 has been breached;
(ii) the vehicle is involved in a single vehicle accident unless the Company waives such loss to an amount shown on Page 1;
(iii) the under body of the vehicle is damaged regardless of cause when no other vehicle is involved;
(iv) the vehicle is totally or partially immersed in water regardless of cause;
(v) the Interior of the vehicle Is damaged regardless of cause when no other vehicle is involved;
(vi) the tyres of the vehicle are damaged other than by normal wear;
(vii) the vehicle is damaged by driving it under or into an object lower than the height of the vehicle;
(viii) 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;
(ix) the vehicle is damaged by loading or unloading, other than normal wear.
Special Note: If you have paid by use of credit card or directed the Company to bill 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.
4 . LOSS/DAMAGE WAIVER If you act within the terms and conditions of this agreement the Company will grant a loss/damage waver (including legal costs incurred with our consent) for your benefit in respect of damage to the vehicle or third party damage other than 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 damage or loss of use charge stated on Page 1.
(b) You 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 on Page 1
(c) Your not being covered under any policy of insurance.
(d) Your providing such information and assistance as may be requested and, if necessary, authorising the Company insurer to bring, defend or settle legal proceedings, but the Company shall have sole conduct of proceedings.
5 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) Except as provided by law no driver or passenger in the vehicle shall be or deemed to be 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.
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.