Terms And Conditions
The terms and conditions below form part of the Car Rental Agreement Contract (CRAC) together with the Vehicle Condition Report (VCR) and the Rental Agreement (RA) between the company and the Hirer and any person/company who provides a Credit Card Authority to us to hire the car
1.NO AGENCY.
The customer acknowledges that:
(a) the customer has hired the vehicle entirely for his/her own purposes and not for any purpose in respect of the owner &
(b) neither the customer nor any other driver or passenger is the agent of the owner for any purpose.
2.WARRANTY BY CUSTOMER.
The customer warrants and represent to the owner that the customer holds a current license to drive the vehicle in Queensland. Vehicles may not be driven by a person who does not hold a current unrestricted motor vehicle driver’s licence for the particular class of vehicle hired.
3. USE OF VEHICLE
The customer agrees and acknowledges that:
(a) the vehicle will be driven in a safe and reasonable manner in accordance with all relevant laws by no person other than the customer or a person authorised by the company. The customer will remain solely responsible for the vehicle and will drive only within the authorised area of use. Use of the vehicle by any other person or beyond the authorised area will incur penalty fees at the company’s discretion, including but not limited to the cost of recovery, storage and towing as required.
Unsafe driving will render the indemnity in this contract null and void.
(b) Learners driver permits, provisional licences or under 21 year olds are not permitted to hire a vehicle.
(c) a person whose breath or blood alcohol concentration exceeds the maximum lawful concentration or who is intoxicated or who is under the influence of any drug, toxic or illegal substance;
(d) a person who has given us or for whom you have given as a false name, age, address, or drivers licence details;
(e) a person who is unlicensed or whose drivers licence has been cancelled, endorsed or suspended within the last 3 years;
(f) Maximum of 75 years old.
(g). The vehicle must not be used by you or by any authorised driver (unless authorised by us in writing), outside the area of use specified in the RA. Such use will incur penalty fees at the owners discretion including but not limited to the cost of recovery, storage and towing as required;
(h) The vehicle must only be driven on bitumen, concrete or tarmac sealed road except where road works are in progress on a section of a sealed road; the vehicle must not be used on any unsealed road, off road conditions include but is not limited to fire trails, beaches, sand, tracks, fields or paddocks.
(i ) The customer will return the vehicle to the owner on the due time and date specified herein at the owners place of business (or as otherwise directed by the owner) in the same condition as it was received by the customer as specified in the VCR save only for ordinary wear and tear and as maybe otherwise provided in this agreement. If the vehicle is not returned to the owner by the due time and date then the customer will pay to the owner on demand any loss suffered by the owner as a result in the customer’s delay in returning the vehicle calculated as follows:
(i) $10 per hour that the vehicle is late until reaching the daily rate at which point the vehicle would not be due to return until the completion of the 24 hour period.
(ii) for each day late (unless prearranged with the owner)-the owners current daily hire rate and a late fee of $50 per day
(iii) customers must provide 14 days notice to cancel confirmed bookings. Less than 2 weeks notice will incur a 25% fee equal to the non refundable deposit.
(iv) if the vehicle is to be returned earlier than the agreed due date and time, 48 hours notice must be given by the customer in order to receive a refund on remaining days;
(v) the vehicle will be returned to the owner with the same quantity of fuel as was in the vehicle when it was received by the customer failing which the customer will pay to the owner the cost of the shortfall in fuel together with a further service fee of $30.00. The customer must only use the type of fuel designated for the vehicle as identified on the vehicle;
(j) Animals and smoking are strictly not permitted in the vehicle. A $250 penalty fine is applicable plus cleaning charges may apply under the provisions of the CRAC.
(k) the customer will return the vehicle to the owner in a similar state of cleanliness as it was received, apart from general daily useage. Failure to do so may result in a cleaning fee and the cost of professional vehicle detailers;
(l) the customer will not remove the stickers on the front and rear windscreens of the vehicle. Cost for replacing each sticker is $30;
(m) the customer must immediately report to the owner the theft of the vehicle or any incident involving the vehicle which results in damage to the vehicle or to any other property or injury to any person and must immediately report the theft of the vehicle or any traffic incident involving the vehicle to the police;
(n) the customer must pay for all fines and penalties incurred in respect of the vehicle during the period of hire such as (but not limited to) parking fines and traffic infringements if the owner becomes liable to pay any fine or penalty of the customers together with a further administration fee of $100.00 will be charged;
(o) the customer acknowledges that failure to pay any amount incurred in accordance with these Terms & Conditions will incur a $250 administration collection fee plus court costs and legal fees as required;
(p) the customer acknowledges that the owner reserves the right to cancel the contract at any time without notice or reason.
(q) if the rental period exceeds four weeks then the customer shall deliver the vehicle to the owner so that the owner may inspect the oil and fluid level. The customer will not be liable for the cost of the inspection or any subsequent repairs and maintenance of the vehicle unless caused or contributed to by the customer;
(r) The customer agrees to not use the vehicle; for any illegal purpose whatsoever, to propel or tow any vehicle or trailer; if we have directed you or any authorised driver not to drive the vehicle; to carry persons for hire or reward or to carry any inflammable, explosive or corrosive materials; to carry any greater load, number of persons or for use in a manner or for a purpose for which the vehicle was not designed and constructed or to carry any greater number of persons than the vehicle has seat belts; for racing, pacemaking, reliability trials or hill climbing, or being tested in preparation for those purposes;
4. VEHICLE CONDITION You acknowledge receiving the vehicle from us:
(a) prior to signing this agreement the customer has read the VCR and has inspected the vehicle and agrees that the vehicle is in the condition referred to on the VCR and is in good order and running condition;
(b) with all supplied tools, tyres, accessories, equipment, keys and any other items specified.
(c) with the odometer and fuel reading set out in the VCR;
(d) you agree to maintain tyre pressure, fluid and fuel at the proper operating levels and to immediately report to us any defect.
5. RETURN OF VEHICLE
You agree to return the vehicle to us as specified in 4.
(a) We must be notified and agree to any extension of the period of hire, in advance of the return date. If you fail to return the vehicle to us by the return date and time, charges as specified in 3.(i) will apply;
(b) We may take possession of the vehicle without prior demand if it is illegally parked or if, in our opinion: it is being used, or has been used in contravention of any law or of a term of this CRAC; or it has apparently been abandoned.
(c) You will be responsible for the vehicle and the hire will continue until we make our final inspection including where the inspection can not take place for some time. e.g. you return the vehicle to a location unoccupied or damage control staff are not available.
6. CREDIT CARD AUTHORITY and CHARGES
The customer hereby agrees to pay and authorises the owner to debit against the credit card provided when this agreement was signed (and the customer will pay on demand any balance of ) the following charges, payable prior to or at the end of the hire period: Full excess charges will immediately apply and extra monies charged will be reimbursed to the hirer in the event costs were less than the excess amount.
a) all hire charges including any charges for any loss or damage, up until return to or recovery by us of the vehicle (whether or not charges are detailed in the CRAC);daily rates apply to each consecutive 24 hr period commencing from check out time;
b) all fines, penalties or similar charges imposed on the owner in respect of the vehicle during the period the vehicle is hired by the customer;
c) any charges for roadside service deemed to be the customers fault;
d) any charges payable under this agreement;
e) manual credit card swipe is kept for 30 days to cover costs and admin fees associated with these terms and conditions plus our administration fee ($100) per event;
f) you will pay for the amount of any accidental loss or damage to our vehicle (including prior accident value or repair costs), our assessment fees, towing and storage fees, our legal and investigative expenses, our loss of rental revenue and our service charges. You will also pay for any amount which you are legally held liable to pay, as a result of an accident caused by your use of the vehicle, for loss or damage to property including any and all third party property damages.
g) where you breach any of your other obligations under this CRAC (without limiting any other right we have) such sum as is necessary to compensate us for loss or damage as determined by us acting reasonably;
h) the cost to us of recovering the vehicle in the circumstances described in clause 3 (i)
i) final charges will be determined after a final inspection by our representative which will be made as soon as practicable after return to, or recovery by us of the vehicle.
The authorised contained herein is irrevocable and unconditional as the owner is authorised to make the debit referred to above at any time after the return of the vehicle. The card holder forgoes the credit card providers ruling of individual charges imposed on the credit card especially in the case of visa. The card holder must seek restitution through the courts in the event there is a dispute & not the credit provider. The owner makes a debit against the customer’s credit card pursuant to this clause then the owner shall be entitled to claim a further administration fee of $30.00.
You agree to pay us;
a) interest on all outstanding charges at a rate of 9% per annum, you agree that such interest is a genuine pre estimate of our damages, payments received will be credited firstly against any accrued interest;
b) our costs of recovering or attempting to recover from you outstanding charges including any mercantile agents costs, and legal costs on a full indemnity basis;
We shall be entitled to list your payment defaults with the credit reference association of Australia or other relevant credit reference organisations, which you acknowledge may affect your credit rating.
7. CUSTOMER LIABILITY AND CONDITIONS OF COVER
The customer is liable and must pay for any and all loss and damage suffered by the owner of whatsoever nature arising from the theft of the vehicle or with respect to or in any way connected with the use or hire of the vehicle by the customer and resulting from any cause whatsoever. If the vehicle breaks down within the defined area limit due to any act or omission of the customer or his invitees, the owner will at the request of the customer offer RACQ roadside service or if appropriate provide mechanical assistance at the following costs to the customer:
(a) Call out fee of $75
(b) Repairs to the vehicle at industry labour rates plus parts at usual rates and margin.
8 . THEFT AND COLLISION DAMAGE WAVER
In the event of a 2 vehicle accident, the customer must report the incident to the police and provide us with a full police incident report. Full details of other parties including insurance and personal contact details must be provided. Failure to provide details invalidates any excess damage waiver and full liability is assumed. Subject to the provisions of clause 9, if the customer complies with the provisions of this agreement the owner will pay a limited amount for damage caused as a result of a collision involving the vehicle but only as detailed in the CRAC.
The owners limited payment is subject to ;
a) you not being in breach of any terms or conditions contained in or implied by this CRAC;
b) your payment (in respect of each separate incident) regardless of cause/fault, of the loss or damage liability fee and where applicable, area of use liability fee in the CRAC;
c) You will promptly report to us and the police or other relevant authority, and in any event within 24 hours, any incident involving loss or damage to the vehicle or any property or injury to any person;
d).You providing such information and assistance as may be requested by us and if necessary, authorising us to bring, defend or settle legal proceedings. However, we shall have sole conduct of any such proceedings;
e) You giving to us immediately every summons, complaint, demand or notice in relation to any loss or damage;
f) You submitting to any tests required by the police to determine the concentration of alcohol or drugs in your blood;
g). You not leaving or decamping an accident without providing full particulars to all relevant persons and authorities;
h). You not being covered under any policy of insurance covering the loss or damage in which case you will not be covered by us.
9. EXCLUSIONS FROM COVER ( Damage not covered);
a) Damage or loss arising from theft, where the vehicle is left unlocked or unsecure or you have not kept the keys secure
b) damage or loss where the vehicle is totally or partially immersed in water regardless of cause;
c) damage or loss to the interior of the vehicle, which requires professional cleaning, deodorising or repair;
d) damage or loss to tyres, such as punctures, cuts, abrasions or to both front and rear windscreen such as chips, cracks and stars unless covered under the premium protection;
e) damage or loss to tyres caused by use on construction sites, mines and unsealed roads;
f) overhead damage being damage or loss sustained to the vehicle or any other property caused by driving the vehicle into or under any object of the same or a greater height than the base of the vehicles front windscreen;
g) damage or loss caused to any part of the pantech or box section or convertible roof;
h) damage or loss caused to the under carriage of the vehicle or to any property arising from contact between the under carriage and any object, obstruction or road surface regardless of cause. The under carriage means any exposed components including but not limited to, wheels and tyres, engine, transmission, sumps, differential, suspension, exhaust system, fuel tank, floor pan, tailgate lifters and ramps or any other mechanical or structural item;
I) damage or loss to the tailgate lifter, ramps and associated equipment during usage of those items;
j) damage or loss caused to the vehicle or third party property by you driving the vehicle , after the vehicle has sustained radiator fluid loss, transmission or engine oil loss or loss of tyre pressure;
k) damage or loss to the vehicle or third party property caused by you failing to secure properly any load or equipment
l) damage or loss caused to the vehicle or third party property by loading or unloading to or from the vehicle;
m) damage or loss to the vehicle deliberately caused by you or by you using the vehicle in a dangerous or reckless manner;
n) damage or loss to the vehicle whilst being transported, ferried or towed without our authority, or whilst the vehicle is taken off the mainland or across any waterway whatsoever or used in any unauthorised area;
o) the cost of towing or salvage of the vehicle in or from a remote or sparsely populated area;
p) the cost of towing or salvage of the vehicle through the use of towing or roof racks;
q) costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of your failure to deliver immediately every summons, complaint, demand or notice in relation to any loss or damage;
r) damage or loss to any personal property owned by you or any 3rd party including any relative, associate, passenger or any person known or not to you possession.
s) any loss or damage sustained while the vehicle is controlled by any person under the influence of liquor or a drug;
t) any loss or damage sustained while the vehicle is controlled by an unlicensed person;
u) any loss or damage caused as a result of straying animals whether or not there is an impact between the vehicle and a straying animal;
v) any damage sustained to the vehicle from being driven while the engine is overheating;
w) any damage to the tyres on the vehicle except for normal wear and tear;
x) failure to report any incident to the company.
y) any loss or damage in respect of a single vehicle accident.
10. OWNERS LIMITED LIABILITY
(a) Whilst the owner has at all times maintained the vehicle to a reasonable standard of repair and condition the customer acknowledges and agrees if the vehicle suffers any mechanical failure then the owner shall not be liable to the customer for any loss or damage suffered by the customer as a consequence of such failure on the basis that;
(i) the owner will endeavour to repair the vehicle as soon as practicable;
(ii) where the vehicle cannot be repaired within 24 hrs, the owner may at it’s discretion either provide the customer with a replacement vehicle or terminate this agreement in which latter case the owner will refund to the customer the unused portion of the hire charge (calculated on a daily pro rata basis) provided that the owner may deduct from that refund any monies owed to the owner up to that time by the customer under the terms of this agreement. The customer agrees that this will be the limit of any liability by the owner to the customer.
(b) the customer shall not engage any person to repair the vehicle without the owners prior consent;
(c) the owner shall not be liable for any loss to the customer or any other person for any property damaged, or stolen, from the vehicle;
(d) the customer shall be liable to pay for any loss or damage sustained to any 3rd party property as a result of the use or hire of the vehicle by the customer and resulting from any cause whatsoever.
11. GENERAL PROVISIONS
a) we reserve the right to refuse hire of another vehicle to you following any incident or accident or where you have breached a term of this CRAC;
b) we are not liable for any loss or damage to personal property left in the vehicle, or any property received, handled or stored by us at any time before, during or after the hire period;
c) to the fullest extent permitted by law, all terms, conditions, warranties which would otherwise be implied are hereby expressly excluded;
d) whenever we are permitted to limit our liability under state and or federal statute for breach of an implied condition or warranty, our liability is limited to the replacement, repair or re supply of the vehicle;
e) we are not liable for any indirect, special, incidental or consequential damage suffered by you or any other person due to any breach of this CRAC by us and you release and indemnify us (including for legal costs) from such claim;
f) none of our rights under this CRAC may be waived except in writing by one of our officers;
g) you warrant that all information supplied in connection with this RA, whether before or after the date hereof, is or shall be true and correct in all respects and that you will immediately notify us of any such changes;
h) this agreement is governed by and construed under the law in the state of Queensland
i) the rights of a party under this agreement are cumulative and not exclusive of any rights provided by law.
j) any provision of this agreement which is invalid will be severed from this agreement without invalidating or affecting the remaining provisions.