This agreement, and the Contract, is between:
JOLLY RENTING AND SERVICES PTY LTD [ TRADING AS ] [ AUS WIDE CAR RENTALS]
ABN 98670960040
The Entity or Person defined as (the “Hirer”) in the Schedule to this agreement.
1. CONTRACT
1.1 The Contract comprises this agreement, the Schedule, the Damage Check Sheet and the Card Payment Authorization Form.
1.2 The date of the Contract is the date set out in as the date of the agreement in the Schedule
1.3 In addition to definitions set out elsewhere in this agreement, including in the Schedule, the following definitions apply to the contract between the Company and the Hirer:
1.3.1 Accident means any collision between the Vehicle and any other object including another vehicle, that results in Damage or Third-Party Loss, whether foreseen or not, whether unintended or not, and whether the driver of the Vehicle is negligent or not.
1.3.2 Administration Fee means the fee charged by the Company for the administrative costs in connection with the Hirer’s rental of the Vehicle, including a fee of $6.50 plus GST for the toll trip administration fee and $40.00 plus GST for parking and speed fine infringement (or as otherwise set out in the Contract) for each statutory declaration prepared for any fine, ticket, tollway or nomination relating to the Hirer’s use of the Vehicle.
1.3.3 Additional Driver means an additional driver approved and recorded by the Company, either in this agreement or by prior written agreement.
1.3.4 Additional Driver Fee (ADF) means the fee charged for adding an Additional Driver to this agreement.
1.3.5 Assessing Fee means the fee charged to recover costs involved in having any Vehicle assessed to determine repair cost by using an external third party.
1.3.6 Authorized Driver means any driver approved and recorded by the Company, either on this agreement or by prior written agreement.
1.3.7 Card means any credit card the Hirer Card Payment Authorization Form set out in the Card Payment Authorization Form or otherwise nominated for the debiting of charges under the Contract, with the Company not accepting any credit cards issued by China Union Pay.
1.3.8 Card Fee means the fee payable when paying by Card, which is 1.65% for Visa or Mastercard, 4.95% for Diners and American Express.
1.3.9 Child Seat Fee means a fee of $10.00 plus GST per child.
1.3.10 Claims Handling Fee means the fee charged for handling the Hirer’s claim and for making arrangements for repairs, towing and other administrative tasks associated with Damage or Third Party Loss.
1.3.11 Cleaning Fee means the fee charged to restore the Vehicle to a clean and tidy state, both in the interior and exterior of the Vehicle, that fee being $300.00 plus GST or as otherwise stated in the Contract.
1.3.12 Commercial Vehicle means a Vehicle that is a van, utility, truck, or bus that is constructed and used for the carriage of goods or property or for the transport of 10 persons or more, including the driver.
1.3.13 Contract means the contract between the Company and the Hirer in connection with the Hirer’s rental of the Vehicle.
1.3.14 Company means JOLLYRENTING AND SERVICES PTY LTD
1.3.15 Daily Rate means the daily rate shown in the Schedule.
1.3.16 Damage means:
(a) any loss or damage to the Vehicle, however caused, that requires repair or replacement, subject to reasonable wear and tear.
(b) any fees payable under the Contract, including towing and salvage fees.
(c) assessing fees; and loss of use.
1.3.17 Damage Recovery Fee (DRF) means the amount shown in the Schedule the Hirer must pay the Company in the event of any Damage, theft of the Vehicle or Third-Party Loss. The Damage Recovery Fee varies depending on various factors, including the type of Vehicle, age and driving licence of Hirer. The amount payable is subject to GST. The Hirer must pay DRF irrespective of who is at fault.
1.3.18 Estimated Rental Charges mean the charges the Company knows about at the start of this contract, based on the Rental Period as anticipated when the Hirer collects the Vehicle, the payment type the Hirer provides for its rental, the Rental Location and any additional products purchased outlined on this agreement, which may include, but are not limited to the rental rate for hiring the Vehicle, the cost of hiring additional equipment, fees associated with Additional Drivers, the Rental Location, whether or not the Loss Damage Waiver Option applies, and any additional fee which the Company may apply from time to time.
1.3.19 Extra KM Amount means the amount which the odometer reading of the Vehicle at the Final Inspection exceeds the odometer reading at the Start of Rental less the allowance set out the Schedule, multiplied by the Extra KM Fee plus GST.
1.3.20 Extra KM Fee means Cars and SUVs is $0.20 plus GST Commercial Vehicles (Vans and UTEs)
Truck (4.5T or Above) and Buses is $0.60 plus GST
1.3.21 Final Inspection means the inspection carried out after the Company has taken possession of the vehicle and fully examined and cleaned the Vehicle at the end of the Rental Period.
1.3.22 GPS Fee means a fee of $10.00 per day plus GST or as otherwise set out in the Contract for use of a GPS system provided by the Company with the Vehicle.
1.3.23 Hirer means the person or entity defined as the “Hirer” in the Schedule.
1.3.23.1 A Long-Term Hirer is a Hirer that rents the Vehicle for a minimum of one month
1.3.23.2 A Short-Term Hirer is a Hirer that rents the Vehicle for less than one month
1.3.23.3 A Long-Term Hirer must be setup on a Direct Debit, a Direct Debit refers to Rental Charges being taken automatically on the scheduled Payment Day.
1.3.23.4 A Short-Term Hirer must pay rent up front for the duration of the Rental Period or as specific in the Schedule
1.3.23.5 A Payment Day refers to the day Rental Charges get processed.
1.3.24 Late Payment Fee means a fee of $50.00 plus GST per day or as otherwise set out in the Contract.
1.3.24.1 A Dishonour Fee means a fee of $25 plus GST for any credit and debit card or bank account payment that declines.
1.3.25 Loss Damage Waiver Option means the further agreement in writing reached between the Company and the Hirer limiting the Hirer’s liability under the Contract.
1.3.26 Loss Damage Waiver Option Excesses means the following excesses that apply to the insurance policy provided pursuant to the Hirer agreeing to the Loss Damage Waiver Options:
(a) Standard damage liability - $6,500 if the Hirer’s or any additional drivers age is between 21-25 year and/or international. license or full Australian license held for less than 2 years.
(b) Standard damage liability - $4,950 if the Hirer’s or any additional drivers age is above 25 years and holding Australian full license for more than 2 years. If the Hirer is above 25 years however has not held their Australian full license for more than 2 years, then they must pay an additional $750.00 excess in case of any damage.
(c) Reversing damage - $2,100 additional excess on top of standard damage liability excess.
(d) Unlisted additional driver : Any driver who is not listed as additional driver at the time of hire is Unlisted Additional driver. $750 additional excess on top of standard damage liability excess will be charged.
(e) If the Hirer or any Additional Driver is below 21 years, he/she is not insured to drive the vehicle, any insurance claims raised will be rejected. In any such cases hirer has to pay any damages to our vehicle or any Third Party claims raised.
1.3.27 Options to reduce the excess amount
To reduce the standard excess amount to $2,100 - $30.00 plus GST per day
To reduce the standard excess amount to $1,100 - $40.00 plus GST per day
1.3.28 Loss of Use means the fee calculated at the Daily Rate being the Company loss because the Vehicle needs repair, and the Company is waiting for the repairs to be completed or it is a write-off or has been stolen and the Company is waiting for it to be replaced.
1.3.29 Maximum Collision Cover Fee means a fee of $79.00 plus GST per day or as otherwise set out in the Contract, which reduces the Hirer’s liability to $600.00, subject to the terms of the Agreement.
1.3.30 Off Road means any area that is not a gazette road, a sealed road or an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters or any other body of water, sand, deserts, rocks, fields, paddocks, grassed areas, snow and hail.
1.3.31 One Way Fee means the fee charged for returning the Vehicle to a location other than the Rental Location and to compensate the Company for having to transport the Vehicle to the Rental Location that amount being $500.00 plus GST or as otherwise set out in the Contract.
1.3.32 Overhead Damage means:
(a) Damage at or above the level of the top of the front windscreen of the Vehicle.
(b) Damage to any part (including floor) of the Pantech or box section of a Commercial Vehicle
(c) Third Party Loss, caused by:
(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(iii) objects being placed on the roof of the Vehicle;
(iv) the Hirer or any person standing or sitting on the roof of the Vehicle; or
(v) contact between the Pantech or box section of a Commercial Vehicle.
1.3.33 Probationary Driver Fee means a surcharge of $25.00 plus GST per day or as otherwise set out in the Contract payable. When the Hirer or an Additional Driver has a probationary driver’s license, has held that license for at least one year and the age is 21 years and above. Insurance will not cover Probationary License Drivers under 21 years in case of any accident.
1.3.34 Refuelling Fee means the costs incurred by the Company in connection with having to refuel the Vehicle as a result of the Hirer returning the Vehicle with less than a full tank of fuel, the minimum of such costs being $5.00 plus GST per Litre or as otherwise set out in the Contract.
1.3.35 Rental Charges means all rental and associated charges plus GST or other taxes and levies required by law as shown in this agreement. Rental Charges may be different from the Estimated Rental Charges, if, for example, circumstances change, or if the Hirer needs to pay for any Damage to the Vehicle or any property. Once all charges are known, the Estimated Rental Charges become the Rental Charges.
1.3.36 Rental Location means the location from which the Hirer hired the Vehicle.
1.3.37 Rental Period means the period commencing form the earlier of when the Hirer collects the Vehicle (by reference to the Date out and Time out details set out in the Schedule) or when the Hirer requested that the Vehicle be available for it and ending when the Company accepts the return of the Vehicle at the Rental Location.
1.3.38 Required Return Time and Date means the time and date (which, unless otherwise agreed, shall be the time and date applicable in Melbourne, Australia) specified in the Schedule or otherwise as agreed in writing by the Company.
1.3.39 Serious Breach means a breach of any provision of the Contract in connection with any Damage, theft of the Vehicle or Third-Party Loss.
1.3.40 Start of Rental means the date and time that the rental commences at the Rental Station shown in this agreement.
1.3.41 Substitute Vehicle Insurance means a policy of motor vehicle insurance held by the Hirer or an Authorised Driver which covers the Hirer or the Authorised Driver while the Hirer or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy.
1.3.42 Third Party Loss means any loss or damage to third party property, including other motor vehicles, and any third party claim for loss of income or consequential loss.
1.3.43 Underbody Damage means any damage to the Vehicle including the drive train, chassis, steering, suspension, brakes, exhaust, floor pan and fuel systems that is caused by or directly results from contact between the underside of the Vehicle and any part of the road way or any object or obstruction including kerbs, gutters, speed or road humps, barriers or wheel stops; and includes the area from the door seal, top of the front and rear bumper and below, whether or not any other parts of the vehicle are damaged at the same time. Damages underneath and on the top of the vehicle will not covered by the insurance.
1.3.45 Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen, or concrete.
1.3.46 Vehicle means the vehicle described in this agreement and includes its parts, components, accessories, keys, keyless start or remote-control device, audio equipment and tools or any vehicle substituted by the Company pursuant to the Contract.
1.3.47 Weekly Rate is the weekly rate shown in the Schedule.
1.3.48 Lost key charges will be $750.00 plus GST.
1.3.49 Call Out Fees means fee charged to provide Roadside Assistance to the Hirer if the Hirer has not purchased Roadside Assistance, the Call Out Fee is $200.00 plus GST.
1.3.50 Missing equipment, such as toolkit or a spare tyre will incur a fee of $350 plus GST and $450 plus GST respectively.
1.3.51 Missing stickers or other branding will incur a cost of $200 plus GST per sticker
1.3.52 Smoking is strictly prohibited in all vehicles. Smoking will incur a cost of $300 plus GST
1.3.54 Company devices or vehicle devices such as Dash Cam, or GPS cannot be removed. If these devices are removed by the Hirer, it will incur a fee of $750 plus GST
1.3.55 A New Customer Onboarding Fee refers to a one-off fee of $5.00 plus GST applicable to all new customers. This fee covers the administrative costs associated with setting up the customer's profile in our rental system, verifying required documents, and ensuring compliance with our rental policies
2. RENTAL PERIOD
2.1 The Hirer’s rental of the Vehicle from the Company is for the Rental Period.
2.2 If the Hirer is a Long Term Hirer, they must return the Vehicle to the Return Location by the Required Return Time and Date as stated in their contract. If the Hirer terminates the contract and returns the Vehicle to the Return Location earlier than the Required Return Time and Date, the Daily Rate (original rate stated in the contract) payable will be adjusted to reflect the daily rates that apply for shorter rentals. On top of that, one week additional rent will be charged in such cases.
2.2.1 Thus if the Hirer breaks the contract, the discounted weekly rate will not be applicable. The original price of the vehicle will be charged, the difference must be paid by the Hirer.
2.2.2 If the Hirer is a Long-Term Hirer and they have completed their respective contract (eg. one month hire contract), they must provide one week prior notice before returning the Vehicle, if one week notice is not provided, one week additional rent will be charged in such cases.
2.3 If the Hirer requests the Vehicle for longer than the Rental Period, the Hirer must contact the Company one week prior to the expiration of the Rental Period and before the Required Return Time and Date where the Company may agree or disagree to the Hirer’s request. If the Hirer is a Short-Term Hirer and has rented for one week, they must contact the Company three days prior to the expiration of the Rental Period requesting an extension.
2.4 If the Company is unable to agree to the Hirer’s request the Hirer must return the vehicle by the date and time specified in the contract. If the Hirer does not do so, the Hirer will be required to pay additional rental charges at the time of request.
2.5 If the Company agrees to the Hirer’s request the Hirer must make payment when required by the Company for additional charges resulting from the extension of the Hirer’s rental. If the Hirer is unable to pay at the specified time they must return the Vehicle immediately.
2.6 If the Hirer fails to contact the Company before the expiration of the Rental Period that the Hirer requires an extension, the Company may:
2.6.1 terminate the contract.
2.6.2 recover the Vehicle by lawful means; and
2.6.3 report the vehicle as stolen.
2.7 A ‘Cancellation’ fee will be applied if the Hirer fails to notify the Company within 24 hours of the Hirer’s booking date. This fee will be 50% of the booking deposit made. If the booking falls over the weekend, the Hirer must notify the Company on Friday during business hours.
3. COSTS, CHARGES AND PAYMENTS
3.1 The amount set out in the Schedule is inclusive of:
3.1.1 GST;
3.1.2 stamp duty;
3.1.3 comprehensive insurance with the Loss Damage Waiver Option Excesses (if opted by Hirer).
3.1.4 a free kilometre allowance as set out in the Schedule;
3.1.5 vehicle registration; and servicing
3.2 The amount set out in the Schedule does not include other fees including (but not limited to):
3.2.1 the Standard Collision Cover Fee;
3.2.2 the Maximum Collision Cover Fee;
3.2.3 the Child Seat Fee;
3.2.4 the Extra KM Amount;
3.2.5 the Additional Driver Fee;
3.2.6 the Probationary Driver Fee;
3.2.7 the GPS Fee;
3.2.8 the Refuelling Fee;
3.2.9 the Card Fee;
3.2.10 toll charges; and
3.2.11 additional taxes and surcharges.
3.2.12 Vehicle cleaning.
3.2.13 Recovery fee and towing charges.
3.2.14 Roadside assistance fees
3.3 Prior to the Hirer collecting the Vehicle, the Hirer must provide to the Company the Card which the Company will charge to pay the Hirer’s total Estimated Rental Charges as shown in this agreement.
3.4 In addition, the Company may require a deposit, as security, against the Card, or take a cash deposit from the Hirer (where a cash option is available), which the Company will apply against any additional charges to which the Hirer is responsible at the end of the Rental Period.
3.5 When collecting the Vehicle, the primary cardholder in respect of the Card must be present, unless prior approval has been obtained and approved by the Company.
3.6 At the end of the Rental Period the Hirer must pay the Company:
3.6.1 all Rental Charges payable.
3.6.2 an excess kilometre charge if the Hirer exceeds the free kilometres allowance as specified in the Schedule. The Company will use the vehicle’s odometer to calculate the number of excess kilometres applicable.
3.6.3 all reasonable costs to return the Vehicle and additional equipment supplied to the vehicle to the same condition it was in at the Start of Rental, including but not limited to extra cleaning (e.g. as a result of food, drink and other stains and marks, animal fur, mud, dirt, sand and smoke damage (including damage caused by tobacco products) and subject to reasonable wear and tear, and total cost will be $300 plus GST.
3.6.4 any amounts payable under for any fines, infringements, penalties and court fees, and any amounts for the Loss Damage Waiver Option.
3.7 The Hirer authorizes the Company to debit the card for all amounts due under the Contract.
3.8 The minimum amount the Hirer must pay under the Contract is one day’s rental at the Daily Rate.
3.9 If the Hirer extends the Rental Period from that shown in this agreement the Hirer’s entitlement to free rental kilometres may change and the Hirer will be charged for extra kilometres if the Hirer exceeds the free kilometres applicable to the Hirer’s Rental Period and Vehicle model. The Company will use the vehicle’s odometer to calculate the number of excess kilometres. Any excess kilometre charge is also subject to applicable Card Fees, Administration Fees and any other applicable charges.
3.10 The Vehicle is supplied with a full tank of fuel. If the Hirer does return the Vehicle without a full tank of fuel, a re-fuelling charge of $6.00 plus GST per Litre for cars and commercial vehicles , but for trucks (4.5T and above) $ 7.00 plus GST per Litre will apply which will include labour and time cost to refuel the vehicle. The Hirer must also pay for any fuel used for any delivery and collection service requested and provided by the Company.
3.11 The Hirer is liable for:
3.11.1 All tolls incurred in connection with the Hirer’s use of a toll road; and
3.11.2 Any fees and charges incurred by the Company in connection with any such tolls
3.11.3 Toll Administration Fee of $6.50 plus GST charged per toll trip travelled.
3.12 The Hirer is liable for and must pay:
3.12.1 Speeding and traffic fines, infringements and penalties arising from the use of the vehicle during the Rental Period or prior to the Hirer returning the Vehicle to the Rental Location in accordance with the Contract.
3.12.2 Fines, infringements and penalties arising from parking, clamping, towing, or release of the Vehicle from compounds;
3.12.3 Fines and parking fine nomination is $40.00 plus GST per nomination.
3.12.4 Legal and court fees and other costs which the Company incurs in recovering any Rental Charges and other costs the Hirer does not pay when required including any fees or charges imposed by a third party on the Company or from a debt recovery agency and any other costs reasonably incurred by the Company in enforcing the Company’s rights under the Contract;
3.12.5 The Administration Fees.
3.13 The Company may supply the Hirer’s details to any regulatory authority upon its request and an administrative fee may apply if the Company does.
3.14 If the Company has paid any amount for which the Hirer is liable under the Contract the Hirer will also be charged that amount together with the Administration Fee.
3.15 All amounts payable under the Contract are subject to subsequent verification and adjustment and details of any adjustments will be provided to the Hirer as soon as practicable. If a refund is due to the Hirer, it will be credited to the Hirer. If any amount is due to the Company, the Hirer authorizes the Company to charge the Hirer that amount. These charges may be made at any time during or after the end of the Rental Period.
3.16 If currency conversion is required for payment of amounts due to the Company under the Contract, the Company will apply the commercial exchange rate valid at the time the Company credits or debits the Card.
3.17 If the Hirer fails to pay the Company any amount due under the Contract on time (time being of the essence) the Hirer must also:
3.17.1 Pay Late Payment Fee $50.00 plus GST per day will be applied until overdue/outstanding payments are received.
3.17.2 Pay the Company interest on that overdue amount at the applicable penalty interest rate in Victoria at that time; and
3.17.3 pay the reasonable costs and charges the Company incurs in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission, and any legal costs.
4. DAMAGE COVER AND PAYMENT FOR DAMAGE
4.1 If there is Damage, theft of the Vehicle or Third-Party Loss for each separate Accident or theft the Hirer must pay up to the DRF shown in this agreement.
4.2 Subject to clause 5, if the Hirer purchased the Loss Damage Waiver Option at or prior to the Start of Rental, and the Hirer has paid any applicable excess for each incident resulting in any Damage, theft or Third Party Loss, then the Hirer’s DRF liability is reduced to the extent that the Hirer is entitled to indemnity under the applicable policy of motor insurance in respect of the relevant Damage, theft or Third Party Loss that is covered under the policy. The Loss Damage Waiver Option Excesses will apply unless otherwise notified.
4.3 If the Hirer has prior to the Start of Rental paid the Standard Collision Cover Fee or the Maximum Collision Cover Fee, then the Hirer’s liability may be reduced to the extent referred to in those Fees.
4.4 If the DRF is payable, upon inspection of the Vehicle the Company may make a reasonable estimate of the Damage and debit the Card with that estimated amount, and once the Damage has been assessed the Company will:
4.4.1 debit the Card with the difference if the assessed amount is greater than the estimate; or 4.4.2 credit the Card with the difference if the assessed amount is less than the estimate;
4.4.2 if the Company receives notification of Third-Party Loss the Company will make a reasonable estimate of the Hirer’s liability for that loss and:
(a) debit the Card for that estimate; or
(b) if an amount has already been debited under subclauses
4.4.1 or 4.4.2, debit the Card for the additional amount of that estimate
4.5 The Company will refund the DRF paid by the Hirer:
4.5.1 in full if the Company recovers the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss; or
4.5.2 on a pro rata basis if the Company recovers only a proportion of any amount claimed for Damage;
4.5.3 any surplus amount if a claim for Third Party Loss is rejected or defended for an amount less than the DRF paid. 4.6 In making a refund the Company may take in to account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party Loss, which may include, but is not limited to the Company Claims Handling Fee.
5. EXCLUSIONS TO DAMAGE COVER
5.1 The Hirer has no cover if there is a Serious Breach of the Rental Contract even if the Loss Damage Waiver Option has been purchased.
5.2 Even if the Hirer purchases the Loss Damage Waiver Option and the Hirer pays the DRF, the Hirer has no cover
for:
5.2.1 any excess payable in relation to any applicable policy of motor insurance in respect of the relevant Damage, theft or Third-Party Loss including in connection with the Loss Damage Waiver Option.
5.2.2 Damage or Third-Party Loss caused by the use of the Vehicle in any area prohibited by the Contract.
5.2.3 Damage, Underbody Damage or Third-Party Loss caused deliberately or recklessly by the Hirer, any unauthorized driver, or any passenger of the Vehicle.
5.2.4 Damage caused by total or partial inundation, intrusion or immersion of the Vehicle in water or exposure of the Vehicle to saltwater, including that which occurs whilst the Vehicle is being transported.
5.2.5 Damage caused by use of the incorrect fuel type.
5.2.6 Damage in relation to tyre or rim damage not attributable to normal wear and tear.
5.2.7 Damage that is caused to a Vehicle with a convertible roof by overfilling the luggage compartment above the recommended level, and then activating the convertible roof mechanism;
5.2.8 Damage or Third-Party Loss caused or contributed to by the Hirer where the Hirer leaves the scene of the Accident prior to the attendance of the police or reporting the Accident to the police;
5.2.9 Damage caused by the Hirer’s failure to observe any warning indicators that may appear in the vehicle. If the Hirer is unsure as to what a warning indicator is telling the Hirer to do, the Hirer must contact the Rental Station as soon as possible for advice on further action;
5.2.10 any Overhead Damage;
5.2.11 Damage caused as a result of the Hirer attaching any equipment to the Vehicle, or using that equipment, including, but not limited to roof racks, bike racks, snow chains, trailers, tailgate lifters, ramps and any associated equipment; or
5.2.12 Damage or Loss caused as a result of unauthorized towing, vehicle repairs or modifications, carried out without prior approval and consent of the Company.
5.3 There is also no cover for:
5.3.1 the full cost of replacing or repairing any accessories, equipment or specialized equipment supplied by the Company including, but not limited to child restraints, strollers, GPS units, lost keys, keyless start and remote-control devices, E-Toll tags, tailgate lifters, ramps, and any associated equipment;
5.3.2 property owned by the Hirer or any passenger that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Station;
5.3.3 loss or damage to the Hirer’s property, the property of a member of the Hirer’s immediate family or of an entity related to the Hirer, that arises from the use of the Vehicle;
5.3.4 Damage, theft of the Vehicle or Third-Party Loss if the Customer has opted to use their own Insurance;
5.3.5 towing costs if the vehicle needs to be towed:
(a) because of something that the Hirer or an Authorized Additional Driver have done or caused to be done to the vehicle that requires the vehicle to be towed;
(b) damage caused as a result of the Hirer’s failure to promptly clean any component of the Vehicle of mud, dirt and dust, when using the Vehicle in environments such as mining and construction projects or remote areas; or
5.3.6 Where the age of the Hirer or Additional Driver is below 21 years.
6. THE HIRER’S RESPONSIBILITIES
6.1 The Vehicle must only be driven by the Hirer. The Company may also approve Additional Drivers as specified on this agreement and the Additional Driver Fee will apply for each additional driver approved.
6.2 The Hirer and all Authorized Drivers must:
6.2.1 be no less than 21 years of age.
6.2.2 hold a full, current, unrestricted driving license for the Rental Period valid and appropriate for the class of Vehicle that shows the Hirer’s current residential address, and which is written in English, an international license translated into English, or an international drivers permit, and have been so licensed for at least 12 months excluding any time under a learner’s permit or provisional license); and
6.2.3 not have had their license or permit cancelled or suspended in the last three years.
6.3 The Hirer must also:
6.3.1 allow the Company to inspect the Hirer’s license at any time during the Rental Period; and
6.3.2 fully inspect the Vehicle at the Start of Rental to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in this agreement and Vehicle Details and Condition Report, and all equipment hired is present. If there is any discrepancy the Hirer must notify the Company prior to leaving the Rental Station.
6.3.3 The Hirer is obligated to respond to emails and phone calls issued by the Company. If the Hirer fails to do this on numerous occasions their contract may be terminated on the grounds of lack of communication and cooperation.
6.4 During the Rental Period the Hirer must take all reasonable care of the Vehicle:
6.4.1 to prevent Damage, theft of the Vehicle and Third-Party Loss;
6.4.2 to ensure that the Vehicle is not overloaded by the number of persons or by the weight of goods carried;
6.4.3 by using any security device fitted to or supplied with the Vehicle; and
6.4.4 by taking steps to protect the Vehicle against inclement weather such as closing the sunroof or convertible roof to prevent the entry of rain or where practicable, by garaging the Vehicle to prevent Damage caused by hail;
6.4.5 by taking steps to prevent damage as a result of loading or unloading the vehicle, ensuring any load is secured, and all applicable legislation for vehicle loading and transportation of goods is followed;
6.4.6 keep the Vehicle locked and secure and the keys and any keyless start or remote-control device under the Hirer’s personal control at all times and the Hirer must be able to produce those keys and device in the event of a theft of the Vehicle;
6.4.7 maintain the Vehicle’s engine and brake oils, engine coolant levels and tyre pressures;
6.4.8 ensure the Hirer use the correct fuel type; and
6.4.9 operate the vehicle, and any additional equipment in line with the operating manual; and in the case of Commercial Vehicles, any application specific instructions.
6.5 During the Rental Period the Hirer must also:
6.5.1 comply with all mandatory seat belt laws, and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened;
6.5.2 comply with all child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is correctly adjusted and fastened;
6.5.3 return the Vehicle and any accessories, equipment or specialized equipment supplied by the Company including, but not limited to, child restraints, strollers, GPS units, tailgate lifters, ramps and trolleys in the same condition as at the Start of Rental, subject to reasonable wear and tear;
6.5.4 adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station;
6.5.5 observe any warning indicators that may appear in the vehicle. If the Hirer is not sure what an indicator is telling the Hirer to do, the Hirer must contact the Rental Station from which the Hirer rented the vehicle as soon as possible for advice;
6.5.6 notify the Rental station immediately if the vehicle has reached the mileage when the next service is due, as indicated on the service sticker affixed to the windscreen;
6.5.7 immediately upon request provide the Company and any regulatory authority the Hirer’s full, accurate and up-to-date information relating to the use of the Vehicle during the Rental Period;
6.5.8 The Hirer must notify the Company as soon as possible, and no later than 24 hours after an accident or incident (unless there are circumstances under which it is impractical or impossible for the Hirer to advise the Company within 24 hours, and the Hirer can produce documented evidence of those circumstances on the Company request), of any damage or loss that has occurred by contacting the Rental Station from which the Hirer rented the Hirer’s vehicle and providing full details to the Company by completing an Incident Report Form, which the Company will supply to the Hirer.
6.5.9 In the event of any incident or accident, notify the police if required under relevant legislation; and
6.5.10 remain in contact with the Company for the purpose of providing assistance with the investigation of any incidents or accidents, including attendance of any court proceedings related to the Hirer’s Rental Agreement as reasonably requested by the Company, until we notify the Hirer that the Hirer’s assistance is no longer required.
6.6 The Hirer must never:
6.6.1 use the Vehicle when it is unsafe;
6.6.2 drive the Vehicle whilst under the influence of alcohol or drugs or have a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit in the state or territory where the Vehicle is driven;
6.6.3 fail or refuse to undergo any breath, blood, oral fluid or urine test or drug impairment assessment in the state or territory in which the Vehicle is driven; or
6.6.4 drive the Vehicle whilst the Hirer’s driving license is subject to any restriction or condition.
6.7 The Hirer must not commit:
6.7.1 any wilful, deliberate or criminal act, including an act of driver abuse;
6.7.2 an act of connivance with any person acting for the Hirer or on the Hirer’s behalf, that causes Damage or Third-Party Loss;
6.7.3 drive the Vehicle dangerously or recklessly;
6.7.4 use the Vehicle for off-roading, reliability trials, a race, rally or contest, speed testing, driving instruction, to propel or tow another vehicle, or in violation of any legislation, order or regulation affecting the use, loading or condition of the Vehicle;
6.7.5 use the Vehicle for any illegal purpose or in a manner which would result in a criminal offence
6.7.6 sell, rent or dispose of the Vehicle;
6.7.7 register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009;
6.7.8 provide the Company with information the Hirer knows to be false or misleading, or knowingly fail to give the Company all the relevant information the Hirer have when assisting the Company with investigations pertaining to any incident or accident, or any court proceedings related to the Hirer’s Rental Agreement; or use the vehicle for carrying any dangerous goods or substances, any flammable items, or toxic substances.
6.7.9 The Hirer must provide accurate details of their travel and plans to the company; the Hirer must not be dishonest or provide information that is not true. In such cases the Hirer’s contract can be terminated and the Hirer will be liable for any outstanding costs.
6.8 The Hirer must not:
6.8.1 use a mobile phone, GPS unit or other handheld device whilst the Vehicle is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used;
6.8.2 leave the keys to the Vehicle, any keyless start or remote door control device in it or with it whilst it is unattended or unoccupied by the Hirer or any passenger.
6.8.3 leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator, except if the Hirer’s health or safety would otherwise be endangered.
6.8.4 modify, tamper with, or repair the Vehicle in any way, including, but not limited to, the installation of roof racks and tow bars;
6.8.5 use the Vehicle for the transport of passengers or property for hire, fare or reward unless the Vehicle is a Commercial Vehicle, or the Hirer has the Company’s prior written authority;
6.8.6 use the Vehicle for transporting any animals, unless specifically approved by the Company. Approval can be sought to transport Guide Dogs and Companion Animals. Additional cleaning charges may apply when transporting animals specifically approved by the Company;
6.8.7 transport the Vehicle on a ferry or ship or other watercraft without the Company’s permission. Even if the Company grants the Hirer’s permission however, the Hirer has no cover for costs incurred for damage or loss of the vehicle or any equipment, together with the cost of any damage the Hirer causes to other property whilst the Vehicle is being transported, even if the maximum DRF has been paid, and even if any CDWP options have been purchased; or
6.8.8 allow the Vehicle to be towed without the Company’s permission.
6.9 The Hirer and any passengers must not smoke in the Vehicle. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age. Additional cleaning charges will apply if there is a breach of this condition and the charges are $300 plus GST.
6.10 Parts of Australia are not suitable for access by rental vehicles. To prevent Damage to the Vehicle and for the Hirer’s own personal safety the Company strictly enforces conditions that restrict the Hirer’s use of the Vehicle and unless the Company have given the Company’s prior written consent, the Hirer must never take the Vehicle:
6.10.1 on any unsealed road;
6.10.2 Off Road;
6.10.3 to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island.
6.10.4 into or out of Victoria, Tasmania or to any points in Western Australia north of Carnarvon
6.10.5 in Queensland:
(a) beyond Chillagoe in a westerly direction.
(b)beyond Normanton in a southerly direction; or
(c) if the Vehicle is a passenger vehicle or truck, beyond Cape Tribulation or Laura in a northerly direction.
6.10.6 if the Vehicle has four-wheel drive, beyond Cookstown or Laura in a northerly direction
6.10.7 above the snow line in Tasmania, New South Wales, and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September
6.10.8 in the Northern Territory and Western Australia, outside any city limits between dusk and dawn
6.10.9 through any river, stream, creek, or tidal crossing;
6.10.10 through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the Vehicle unsafe.
6.10.11 on any road where the police or any government or statutory authority has issued a warning, caution or which has been closed; or
6.10.12 onto any road or region where the Company has notified the Hirer that the use of the Vehicle is prohibited.
6.10.13 The Hirer must not travel outside of Victoria or Adelaide if they have purchased unlimited kilometres. If the Hirer fails to notify the Company about their interstate travel their contract will be terminated and they will be liable to pay any outstanding payments and costs, such as but to limited to
6.10.14 Excess Kilometres, Cleaning Fee, and Vehicle Recovery Fee
7. THE COMPANY’S RESPONSIBILITIES
7.1 The Company will provide the Hirer with the Vehicle that is of acceptable quality and in good working order for the Rental Period.
7.2 If the Vehicle breaks down during the Rental Period because of the Company’s negligence the Company will recover and repair the Vehicle as soon as practicable. If the Vehicle cannot be repaired the Company will use the Company’s best endeavours to provide a replacement Vehicle of an equivalent size and standard to the previous Vehicle for the remainder of the Rental Period.
7.3 If the Hirer returns the vehicle to a location (without the Company consent) or outside of the Company’s operating hours, the Hirer is responsible for damage to the Vehicle that may occur, for any reason, until the next business day when we have had an opportunity to inspect the vehicle.
7.4 If it is not possible to conduct an inspection of the Vehicle with the Hirer at the end of the Rental Period, the Company will confirm the condition of the Vehicle with the Hirer within two business days of the Final Inspection.
7.5 Unless the Company is negligent or as required by law, we will not be responsible for any loss (including loss of profits), damage, costs, or expenses which the Hirer incurs, or death or personal injury to the Hirer or any other person, as a result of the Hirer’s rental.
7.6 The Company is only responsible for any direct loss that the Hirer suffers as a result of the Company’s breach of this agreement. The Company are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss.
8. BREAKDOWN, ACCIDENT AND REPAIR
8.1 The Company reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been major Damage, or the Hirer has committed a Serious Breach of the Contract.
8.2 If:
8.2.1 a warning light or fault message appears in the Vehicle;
8.2.2 the Hirer sees or become aware of low engine or brake oils, engine coolant levels or tyre pressures; or
8.2.3 the Vehicle develops any fault during the Rental Period. the Hirer must inform the Company immediately via the contact details in the Vehicle and in this agreement and not use the Vehicle unless the Company has authorized the Hirer to do so. If the Hirer fails to notify the Company and continue to use the Vehicle the Hirer will be responsible for any Damage or Third-Party Loss.
8.3 The Hirer must not let anyone work on the Vehicle or arrange or undertake any repairs to the Vehicle or towing or salvage of it unless the Company has given the Hirer prior authority. The Hirer must keep and produce to the Company the original tax invoices and receipts for any repairs, towing or salvage and the Hirer will be reimbursed only if these expenses have been authorized by the Company. Any entitlement to reimbursement is subject to there being no Serious Breach of the Contract. There is no cover for any damage or loss caused to the vehicle as a result of unauthorized towing, salvage, or repair to the Vehicle.
8.4 The Hirer must immediately report any Accident or theft of the Vehicle to the Company and complete all other documentation that the Company requires. The Hirer must forward any third-party correspondence or court documents to the Company within 7 days of receipt.
8.5 If the Hirer has an Accident in which:
8.5.1 a person is injured;
8.5.2 the other party failed to stop or exchange details;
8.5.3 the Vehicle or any other vehicle is towed; or
8.5.4 a driver appears to be under the influence of intoxicating liquor or drugs, a report must also be made to the police immediately.
8.6 If the Vehicle is stolen a report must be made to the police immediately once the theft is discovered.
8.7 If the Hirer has an Accident the Hirer and any Authorized Driver must also:
8.7.1 make the Vehicle secure;
8.7.2 get the names, contact details, and addresses of all persons involved, including witnesses;
8.7.3 supply the Company with any information concerning the driver of the Vehicle and the Hirer must allow the Company direct access to the driver of the Vehicle and the Hirer must fully co- operate in allowing the Company to gain such access;
8.7.4 not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability, unless the Company has given the Hirer written consent to do so;
8.7.5 permit and assist the Company to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyer’s office and/or court, and this includes any rights under any Substitute Vehicle Insurance and assigning any rights under such Substitute Vehicle Insurance; and
8.7.6 allow the Company to claim in the Hirer’s name under any applicable substitute vehicle insurance and do everything that may be required to assist the Company in making such a claim.
8.8 In the event of any Accident involving the Vehicle, the Hirer must pay the Assessing Fee of $500.00 plus GST and Claims Handling Fee of $500.00 plus GST.
9. END OF THE CONTRACT
9.1 At the end of the Rental Period, in addition to the Hirer’s obligations set out in the Contract, the Hirer must return the Vehicle to the Company:
9.1.1 to the Rental Location;
9.1.2 in a clean and tidy state, both in the interior and exterior of the Vehicle;
9.1.3 in the same condition it was in at the Start of Rental, subject to reasonable wear and tear; and
9.1.4 before the Required Return Time and Date, failing which a One-Way Fee of $500.00 plus GST (in the case of a breach of clause 9.1.1), a Cleaning Fee of $300.00 plus GST (in the case of a breach of clause 9.1.2) will be payable.
9.2 If the Vehicle is returned after the Required Return Time and Date the Company will charge the Hirer as follows
9.2.1 If the Hirer is less than 4 hours late, the Company will charge the Hirer for half day rate of the applicable rental rate specified in the Hirer’s Rental Agreement. If the Hirer is more than 4 hours late they will be charged full day rate of the respective vehicle.
9.3 In addition, the Company may charge the Hirer for an additional day (or days if relevant) fees for any additional equipment the Hirer has hired, and any other daily surcharges for each additional day (or days if relevant) by which the Hirer is late.
9.4 If the Contract has not been extended by the Company and the Vehicle is returned to the Company more than 24 hours after the time set for its return in this agreement there is no Damage Cover so that the Hirer is liable for Damage and Third Party Loss and any repossession charges or costs the Company incurs in this default period.
9.4.1 Vehicle Recovery Fees is $750.00 plus GST, applicable if the contract has been terminated (under the breach of contract by Hirer) by the Company for any reasons.
9.4.2 Any goods, items or Hirer belongings found inside the vehicle while recovering the vehicle will be held as a security deposit until the Hirer has not cleared pending monies owing.
9.4.3 The Hirer will not be able to retrieve their belongings unless the full outstanding payment has been made.
9.4.4 In the event that the Hirer is not in Victoria at the time of termination and the vehicle cannot be recovered the Hirer must contact the company immediately to pay any outstanding amount. If the Hirer fails to contact the Company and breaches clause 6.3.3 the Vehicle will be reported as stolen to the police.
9.5 If the Hirer returns the Vehicle to a location other than the Rental Location, or when the Rental Location is closed:
9.5.1 a one-way fee may apply; and
9.5.2 the Hirer is liable for and must pay:
(a) for Damage and Third-Party Loss; and
(b) the Rental Charges, until the Final Inspection has been conducted.
(c) Bond will be refund within 10-14 business days after the Return Date.
9.6 If a deposit has been prepaid to the Company, it is fully refundable to the Hirer provided that at the end of the Rental Period:
9.6.1 all amounts due to the Company under the Contract have been paid;
9.6.2 the Vehicle has been returned to the Rental Station at the date and time set in this agreement;
9.6.3 There is no Damage or Third-Party Loss;
9.6.4 The interior and exterior are clean;
9.6.5 The Vehicle has been refuelled to the level specified in this agreement, unless the Hirer has purchased the Company’s Prepaid Fuel option; and
9.6.6 there has not been a Serious Breach of the Contract. The Company reserves the right to retain all or part of a deposit if there is a breach of any of these conditions.
10. TERMINATION OF THE CONTRACT
10.1 The Company may terminate the Contract and take immediate possession of the Vehicle if the Hirer commits:
10.1.1 a Serious Breach of the Contract; or
10.1.2 a reckless breach of road or traffic legislation
10.2 If the Contract is terminated by the Company, the Hirer must pay for
10.2.1 Damage to Vehicle or any equipment supplied with the Vehicle
10.2.2 loss of the Vehicle or equipment as a result of theft;
10.2.3 Third Party Loss;
10.2.4 storage, repossession and recovery fees;
10.2.5 fees for the release of the Vehicle from compounds;
10.2.6 roadside assistance;
10.2.7 administrative and legal costs of recovery;
10.2.8 the Rental Charges; and
10.2.9 compensation for loss of use as a result of Vehicle recovery and/or Damage.
10.3 Termination will not affect The Company right to receive any money the Company is owed under the Contract.
10.4 The Hirer gives the Company permission to access and enter the Hirer’s premises to repossess the Vehicle without using unreasonable force or causing damage (referring to clause 9.4.2).
11. APPLICABLE LAW
11.1 The laws of Victoria govern the Contract.
11.2 To the extent permitted by law, the Company liability pursuant to any relevant Australian law is limited at the Company’s option to the replacement, repair, or re-supply of the vehicle for the remaining term of the Hirer’s rental or reimbursement of the Hirer’s Rental Charges.
12. DISPUTE RESOLUTION
12.1 If the Hirer believes there has been an error in the Hirer’s account or if the Hirer has any complaint, the Company’s staff at the Rental Location will help the Hirer to rectify the error or resolve the complaint.
12.2 If they are unable to assist the Hirer or if the Hirer’s concerns are not resolved to the Hirer’s satisfaction the Hirer may refer the matter to the Company’s management to investigate and address the Hirer’s concerns.
12.3 Referrals to the Company can be made to the following:
Head office:
AUS WIDE CAR RENTALS
The Marker Apartments Melbourne, 94 Stanley Street West Melbourne, VIC 3003
13. PRIVACY POLICY
13.1 The terms of the Company’s Privacy Policy form part of these terms and conditions. The Company’s Privacy Policy sets out how the Company collects, uses, stores, and discloses the Hirer’s personal information.
13.2 If the Company does not collect Personal Information from the Hirer, the Company will not be able to rent the Hirer a Vehicle and if any of the Personal Information the Hirer provides is incomplete or inaccurate, the quality of the Company services may be compromised.
13.3 By entering the Contract with the Company and by providing the Company with personal information, the Hirer represents to the Company and the Company proceed on the basis that the Hirer has read and agree to the terms of the Company Privacy Policy.
13.4 If the Hirer’s vehicle incurs tolls during the Hirer’s Rental Period, then we will also pass the Hirer’s personal information to the electronic tolling system provider specified on the front page of the Hirer’s Rental Agreement, this personal information will contain payment information such as credit card or debit card details.
13.5 The Company may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the Vehicle to be tracked or located. By hiring a Vehicle, the Hirer expressly consents to the Company using a GPS Device on the Vehicle during the Rental Period and collecting, using and retaining information from the GPS Device. Further information is available in the Company Privacy Policy.
13.6 If the Hirer defaults in the payment of any moneys owed to the Company under the Contract, the Hirer authorises the Company to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on the Hirer. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about the Hirer, including defaults in excess of 60 days and the debt owed to the Company.
14. GENERAL
14.1 The Company may register the Company’s interests under the agreement on the Personal Properties Securities Register. The Hirer agrees, to the extent permitted by law, that the Company does not need to notify the Hirer if it makes, or changes, such a registration.
14.2 Each time the Hirer rents a vehicle from the Company, the Hirer agrees that even if the Hirer does not sign anything, the Hirer are bound by this agreement which incorporates the following:
14.2.1 The Schedule to this Contract, pre-populated with the Hirer’s preferred level of CDWP, billing preferences and other rental options as nominated by the Hirer the terms in this agreement; and vehicle condition report.
15. OPTION TO PURCHASE VEHICLE
15.1 In the event that the Hirer hires the Vehicle with the Company’s consent for at least a Rental Period of 4 years, the Company will grant the Hirer a right to purchase the Vehicle (“the Option”) provided that:
15.1.1 The Hirer advises the Company in writing that it wishes to exercise the Option and pays the Company a fee for exercising the Option of $2000.00 (“the Option Exercise Fee”) no later than 30 days of the expiration of the 4-year Rental Period; and
15.1.2 The Hirer pays a further $3000 to the Company as a final payment; and
15.1.3 The Hirer is not otherwise in breach of the Rental Agreement.
15.1.4 Additionally a $600 security deposit is taken, this amount will be adjusted with the $3000 payment at the end of the four year contract given that there are no deductions to be made.
15.2 In the event that the Hirer complies with clauses 15.1.1, 15.1.2, 15.1. 3 and 15.1.4 herein, the Company shall transfer the
right, title and interest in relation to the Vehicle to the Hirer.
15.3 In the event of a transfer as set out in clause 15.2 herein, the Hirer agrees to pay all fees and costs relating to the transfer
15.4 The Hirer must comply to all conditions of the Rental Agreement, if the Hirer fails to do so their contract may be terminated.
15.5 In the event that the vehicle is written off or gets involved in an accident the Hirer must pay an excess amount as stated in the Contract irrespective of fault and the Hirer's contract is terminated.
15.6 The ownership of the vehicle will be transferred in the last month of the fourth year.
15.7 The kilometre limit per week is 805km, kilometres will be checked every three months or every time the vehicle comes to the warehouse for maintenance. The Hirer is liable to pay a charge of $0.22 per extra kilometres driven, if the Hirer fails the pay this amount their contract may be terminated.
15.7.1 The Company will provide maintenance, servicing, and insurance for up to 150,000km or four years, which ever comes first.
15.7.2 The registration of the vehicle and tyres is not included. These costs must be covered by the Hirer.
15.7.3 If the Hirer requires roadside assistance, they must pay a monthly subscription as stated in the Contract.
15.8 In the event that the Hirer's contract is terminated they must return the vehicle immediately.
15.9 The Hirer will pay for transfer charges and roadworthy of the vehicle in the 48th month of the contract.
15.10 If the Hirer breaches the contract and returns the vehicle before completing 48 months, they must pay a termination fee of $500 plus GST and in such cases the initial down-payment stated in the contract will not be refunded.
15.11 If the Hirer is hiring a Commerical Vehicle, the duration of the contract and initial down-payment may vary.
