An AUTHORISED DRIVER is
a) You, the RENTER/DRIVER(S), and/or
b) A licensed driver who has been approved by the COMPANY as an additional renter.
2. CONDITION OF VEHICLE & RETURN:
2.1. The AUTHORISED RENTER/DRIVER(S) acknowledge receiving the vehicle from the COMPANY in a good and clean condition (except otherwise specified in the Vehicle Inspection Report) including all accessories, tools, spare tyre, equipment from the COMPANY.
2.2. The AUTHORISED RENTER/DRIVER(S) agree to maintain tyre pressure, fluid, and fuel at the appropriate levels and to immediately report any defect to us.
2.3. The AUTHORISED RENTER/DRIVER(S) must return the Vehicle to the COMPANY in the same condition as it was at the commencement of the Rental Period except for ordinary wear and tear (ORDINARY WEAR AND TEAR DOES NOT INCLUDE WINDSCREEN AND OR TYRE DAMAGE)
2.4. To the location and on the date specified on Part A (or sooner if the COMPANY demands). If you return the vehicle to any place other than the COMPANY’S location, or if you return after hours of operation, you shall be responsible for the vehicle’s condition until an authorized representative of the COMPANY takes possession of the vehicle during its hours of operation.
2.5. With the odometer seal intact.
2.6. The COMPANY reserves the right to take possession of the Vehicle without notice at your expense should any of the following occur:
a) The vehicle is illegally parked
b) The vehicle is used in violation of the law and/or of this agreement
c) The vehicle is apparently abandoned
3.1. The AUTHORISED RENTER/DRIVER(S) shall notify the COMPANY and obtain its authorization for extension of the hiring period beyond the due date and time specified in Part A of the contract. Such notification must be done PRIOR TO the due date and time.
3.2. Should the AUTHORISED RENTER/DRIVER(S) fail to obtain the COMPANY’S authorization for an extension prior to the due in time, your rental becomes overdue, in this case, a minimum late penalty of $10.00 per day shall apply on top of the agreed daily rental rate for each day and part thereof.
3.3. Should the AUTHORISED RENTER/DRIVER(S) rental become overdue, the COMPANY has the right to initiate a re-possession process without notice, in which case you shall be liable for a minimum re-possession cost of $275.00. As part of the repossession process, the COMPANY may also report the vehicle as stolen.
4.1 The VEHICLES must NOT be used:
a) Outside the Area of Use specified on Part A of the contract.
b) On any surface that is not properly formed and constructed as a sealed, metaled, or graded gravel road.
c) Outside of Western Australia.
d) Beyond 100kilometres of the Perth city limits between dusk and dawn; or otherwise, outside any town or city limits between dusk and dawn.
e) To carry paying passenger/s or to carry any inflammable, corrosive, or explosive materials.
f) To propel or tow any other vehicle, trailer, boat, or any other object unless a tow bar has been fitted to the Vehicle by the Company. All loads must be within the Vehicle’s design limit specified in the vehicle manual.
g) To carry more people and/or greater loads of goods than permitted by law.
h) To carry animal or pet.
i) To carry any water skies, surfboards, bicycles, canoes, or the like of inside or on the roof of the vehicle. In a manner and/or for purposes other than for which the vehicle was designed and constructed.
j) For racing, reliability and/or speed trials, pacemaking, hill climbing or tested in preparation for such purposes.
k) When it is damaged or unsafe/ not roadworthy.
l) In a careless and/or reckless and/or dangerous manner.
m) For any illegal purposes including contravening any road safety laws in force from time to time where the vehicle is being driven.
5. FINANCIAL OBLIGATION
5.1. Joint hirers and ALL AUTHORISED RENTER/DRIVER(S) are jointly and severally responsible under this agreement.
5.2. When the AUTHORISED RENTER/DRIVER(S) pay by credit card or directed the Company to bill charges to another person, corporation, firm or organisation who or which fails to make payment when it is due, you shall immediately pay on demand the full amount due to the COMPANY. ALL CHARGES ARE SUBJECT TO FINAL AUDIT and resulting credits and additional charges will be made and paid by the method used in the initial transaction, 2% PER MONTH (24% PER YEAR) CHARGED ON OVERDUE ACCOUNTS. An administrative cost of carrying the account may be applied.
5.3. By entering into this agreement you authorise the COMPANY to debit your credit card (and you shall pay on demand any balance owing) with the following charges:
a) All rental charges as specified on the contract plus any subsequent rental extension/s of the original contracted rental period and other charges incurred on your Rental Agreement.
b) Damage Liability Fee and/or Single Vehicle Accident Liability Fee
c) All charges claimed to the COMPANY due to parking, toll, littering or any other infringements incurred during the period of hire or until such later time when the vehicle is returned to the COMPANY and a processing fee of $38.50 (GST inclusive) for each infringement processed.
d) Administration Fee of $110.00 in case of an accident regardless of fault.
e) Minimum Cleaning Fee of $150.00 if you chose to smoke and/ or let any other person smoke in the vehicle during your rental.
f) Minimum Cleaning Fee of $50.00 if the vehicle is returned dirty.
g) All loss of or damage to the vehicle (including loss of use), Third-party damages, legal expenses, debt collection fees, assessment fees, towing and recovery, storage, and company service charges where any condition of this agreement has been breached.
6. DAMAGE COVER
The COMPANY will grant a damaged cover for your benefit in respect of damages to the vehicle and an amount which you are legally held liable to pay as a result of an accident caused by Your use of the Vehicle. The damage cover is limited to a maximum amount of $50,000.00 (including legal and other related costs incurred with the COMPANY’S consent). This damage cover is subject to conditions and exclusions below.
6.1. Conditions of Damage Cover
a. You have not acted or caused any other person to act in any manner, which constitutes a breach of this agreement.
b. Your payment of damage liability (in respect of each separate incident) regardless of cause/fault as specified on Part A of the contract.
c. Your payment of Single Vehicle Accident Liability (in respect to each separate incident) in the event of: i. No sufficient third-party detail provided to the Company.
ii. No other vehicle involved in the incident, or if there is another vehicle involved that another vehicle was parked or unattended.
d. Your prompt report to the Company and to the police or other relevant authority and in any event within 24 hours, any incident involving loss or damage to the Vehicle or any other property or injury to any person.
e. You submit any tests required by the police to determine the level of alcohol or drugs in your blood.
f. You not leaving or running away from an accident without providing full particulars to all relevant parties and authorities.
g. You are not covered under any insurance policy covering the loss or damage in which case the Company shall not cover you.
h. You provide such information and assistance as may be requested and, if necessary, authorize the Company and its authorized representative to bring, defend or settle legal proceedings where the Company shall have sole conduct of the proceedings.
i. You not admitting liability or making any offer or promise of settlement without the Company’s consent.
This damage cover is subject to:
B. Exclusions to Damage Cover a. Damage or Loss arising from theft where the vehicle is left unlocked or unsecured or you have failed to keep the keys secure.
b. Damage or Loss to the Vehicle and third-party property caused by You driving the Vehicle, after the Vehicle has sustained radiator fluid loss, transmission or engine oil loss or loss of tyre pressure.
c. Damage or Loss to the Vehicle caused by the use of an incorrect type of fuel.
d. Damage or Loss due to loading and unloading other than normal wear and tear.
e. Damage or Loss where the Vehicle is totally or partially immersed in water regardless of causes.
f. Damage or loss to the interior of the vehicle, which requires professional cleaning and/or repairs regardless of cause.
g. Damage or loss to the roof or overhead, tyres, windscreen, and a glass of the vehicle regardless of cause, except where premium cover is purchased, and you have not breached this Rental Agreement.
h. Damage to the underbody of the Vehicle regardless of cause and any resulting damage from that underbody damage to the vehicle.
i. Damage or loss to the Vehicle and any third-party property caused by you or any other driver driving the vehicle in a careless or reckless or dangerous manner.
j. Damage or loss to the Vehicle and third-party property caused or contributed by you where you leave the incident scene prior to police attendance and/or fail to formally report the incident to the police.
k. Loss of use of or consequential loss to third party property caused by your use of the vehicle regardless of fault.
l. Damage to the Vehicle and third-party property caused by you failing to properly secure any load or equipment to the Vehicle.
m. Damage or loss to the Vehicle while being transported or towed without the Company’s authority.
n. The cost of towing or salvage of the Vehicle from a remote or sparsely populated area.
o. Damage or Loss to the Vehicle due to the use of roof racks.
The following damages are not covered:
7. POWER OF ATTORNEY
7.1. RENTER/DRIVER(S) grants and appoints to the owner a Limited Power of Attorney to present insurance claims for property damage to RENTER/DRIVER(S) insurance carrier if the vehicle is damaged during the term of the rental agreement; and to endorse RENTER/DRIVER(S) name on insurance payments and charges or damages.
8. GENERAL PROVISIONS
8.1. PAYMENT. If the AUTHORISED DRIVER fails to make payments required under the agreement to the COMPANY, all expenses of collection and/ or repossession, including court costs and lawyer fees incurred by the COMPANY in pursuing the claim against the AUTHORISED RENTER/DRIVER(S) will be paid by the AUTHORISED RENTER/DRIVER(S).
8.2. The COMPANY reserves the right to refuse a replacement vehicle and/or hire of another vehicle to you following an accident or incident.
8.3. You shall release and indemnify the COMPANY and its agents and employees from all claims for loss or damage to your personal property or any other person’s property left in the vehicle at any time before, during or after the rental period regardless of the cause.
8.4. No driver or passenger in the vehicle shall be deemed to be the agent, servant, or employee of the COMPANY in any manner for any purposes whatsoever.
8.5. The COMPANY gives no express or implied warranty as to any matter whatsoever including but not limited to the condition of the vehicle and equipment, its merchantability or fitness for any particular purpose.
8.6. To the extent permitted by law the COMPANY limits its liability for breach of an implied condition or warranty to the replacement, repair or resupply of the Vehicle or reimbursement of rental charges.
8.7. The AUTHORISED RENTER/DRIVER(S) shall release and indemnify the COMPANY from all indirect, special, incidental, or consequential damage suffered by any person including you due to any breach of this Rental Agreement by the COMPANY and its agents and employees.
9.1. The AUTHORISED RENTER/DRIVER(S) must always use the correct type of fuel for the Vehicle.
9.2. The vehicle must be returned with an amount of fuel equal to that at the time of commencement of the rental.
9.3. If the vehicle is returned with less fuel, the difference shall be charged at a rate of $2.50 a litre which includes a service component, fuel shall be charged based on per quarter tank calculations unless prior arrangement has been made and noted on Part A of the contract.
9.4 Should there be a discrepancy in fuel level recorded on Part A to that recorded on the Vehicle Inspection Report, the one specified on the Vehicle Inspection Report shall be deemed to be the correct one.
10. In the event of an accident: