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Car Hire Terms & Conditions
Driver Liability
A driver liability of $1850.00 Australian applies on all our hire agreements.
However this can be reduced to $400.00 upon payment of $13.00 per day Payment
will entitle the hirer to wildlife
cover and single vehicle accident. Drivers over 21 and under 25 years of age can
reduce their liability to $850 only. Drivers over 70
years of age have a non-reducible $1850.00 liability.
Age limitations
Minimum driver age must be 21 years. Maximum age 74 years.
Limitations of use
We ask drivers to nominate their areas of use but point out that our limitations
of use are Carnarvon to the North, Esperance to the South and Kalgoorlie in the
East. All travel must be on sealed roads ie. of bitumen or tarmac and regularly
maintained. The hirer will be responsible for all damage occurring to the
vehicle if it is driven at any time during the hire on unsealed roads
Deposits on vehicles
All hirers must pay a security deposit on the hire vehicle before it is taken on
hire. This can be paid by credit card or cash. Satisfactory evidence of
identification must be produced for each hire.
Standard Conditions on all Vehicle Rentals
Rental Agreement Terms & Conditions
This is an Agreement between the Hirer (“You”) and the Company (“Company”),
identified on Page 1, to rent the motor vehicle (“the Vehicle”) described on
Page 1 including all its accessories, tools, tyres and equipment as well as any
replacement vehicle.
1. Vehicle Condition and Return
You acknowledge the Vehicle is delivered to You in good operating condition with
seal of the odometer unbroken. You agree to return the Vehicle in the same
condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE
DAMAGE) together with its tolls, tyres, accessories and equipment on the
date and place specified on Page 1 ( or sooner, if demanded by the Company). The
Company may take possession of the Vehicle without prior demand to You and at
your expense if there has been a breach of any terms or conditions of this
Agreement or if the Vehicle is illegally parked, used in violation of the law or
is apparently abandoned. If the seal of the odometer is broken, or otherwise
tampered with, You will be responsible for not only an extra charge based on 500
km's per day at 50c per km, but also for any cost of repairing or replacing the
odometer.
NOTE: If there is to be any extension of the period of hire beyond that stated
on Page 1, the Company must be notified and must agree to such extension in
writing, otherwise the Vehicle will be immediately reported to the police as
stolen.
2. Person who must not drive the Vehicle
(a) A person who is not identified on Page 1 as either the Hirer, Joint Hirer or
Authorised
Driver.
(b) A person who is not licensed to drive the hired class of vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage
whilst driving the Vehicle.
(d) A person who is driving the Vehicle whilst under the influence of a drug.
(e) A person who has given or for whom You have given a false name, age, address
or drivers licence details.
(f) A person whose drivers licence has been cancelled, endorsed or suspended
within the last three years.
(g) A person who has held a driver’s licence for any class of vehicle for less
than two years.
(h) A person who uses or intends to use the Vehicle for an illegal purpose.
3. Circumstances where the Vehicle must not be Used
(a) Any area outside the Area of Use shown on Page l.
(b) Any unsealed roads or off-road conditions unless authorized by the Company
in the Area of Use on Page 1.
(c) The carriage of any persons for hire of the carriage of any inflammable,
explosive or corrosive materials.
(d) Pushing or towing of any vehicle, trailer, boat or other object unless the
Company has authorized such use in writing.
(e) The carriage of any greater load and/or for a purpose for which the Vehicle
was designed and constructed.
(f) The carriage of any animal in the Vehicle unless authorized in writing or
noted on Page 1 in SPECIAL CONDITIONS.
(g) The use of the vehicle for racing, pacemaking, reliability trials, hill
climbing or being tested in preparation for those activities.
(h) The use of the Vehicle in a dangerous manner.
(i) The use of the Vehicle in contravention of any legislation or regulation
controlling vehicular traffic.
4. Obligations of the Hirer/Joint Hirer/Authorised Driver.
Note: The Hirer/Joint Hirer and Authorised Driver are jointly and severally
liable for compliance with the terms and conditions of this Agreement. By
entering into this Agreement You are responsible for and irrevocably authorize
the Company to debit the credit card provided on Page 1 or any other credit card
provided ( and You will pay the company on demand any balance) with the
following charges.
(a) The rental charges specified on Page 1.
(b) All charges claimed by the Company in respect of parking and/or any other
traffic violations incurred during the period of hire or until such later time
as the Vehicle is returned to the Company.
(c) All loss or damage to the Vehicle (including the loss or use of that
Vehicle). Legal expenses, assessment fees, towing and recovery, consequential
third party damage, storage and company service charges where:
(i) Any item or condition of this Agreement has been breached
(ii) The Vehicle is involved in a single vehicle accident unless the Company
waives such loss to the Single Vehicle Incident Liability amount shown on Page 1
(which amount will apply in addition to the Standard Liability Charge noted on
Page 1). A Single Vehicle Incident is defined as any incident where the Vehicle
suffers loss or damage as a result of an impact with any object whether animate
or inanimate except another vehicle which can be fully identified and details of
which have been provided by You or on your behalf to the Company.
(iii) You have left the Vehicle unlocked or let the keys in the vehicle.
(iv) You have failed to keep the key secure and under your personal control.
(v) The underbody of the Vehicle is damaged regardless of cause except where
there is a collision with another vehicle.
(vi) The Vehicle is totally or partially immersed in water regardless of the
cause.
(vii) The interior of the Vehicle is damaged regardless of the cause except
where there is a collision with another vehicle.
(viii) The tyres of the Vehicle are damaged other than by normal wear and tear.
(ix) The Vehicle or any third party property is damaged by driving the Vehicle
under or into an object lower than the height of the vehicle.
(x) You have failed to maintain all fluid and fuel levels of the vehicle or
failed to immediately rectify or report to the Company any defect in the Vehicle
of which you have become aware.
(xi) The vehicle is damaged by loading or unloading, normal wear and tear
excepted.
(xii) You have failed to secure properly any load or equipment which leads to
loss or damage by any part of the load or equipment.
(xiii) You use the Vehicle as an articulated vehicle unless agreed to by the
Company in SPECIAL CONDITIONS on page 1.
(xiv) The exterior of the motor vehicle is damaged regardless of cause except
where there has been a collision with another vehicle.
If you have paid for the hire of the Vehicle by use of credit card or directed
the Company to bill charges to some other person, corporation, firm or
organization who or which fails to make payment when called up by the Company,
You hereby irrevocably accept that You are liable and will immediately pay the
full amount due to the Company on demand. The Company, in addition, may charge
You interest at the rate of 18% per annum calculated on a daily basis on all
outstanding accounts or charges payable in accordance with this Agreement, such
interest to be computed from the end of the rental period.
5. Damage Cover
Provided You and/or the Authorised Driver act within the terms and conditions of
this Agreement, the Company will grant damage cover ( which includes your legal
costs incurred with our written consent) to You and/or the Authorised Driver in
respect of damage to the Vehicle and /or damage to any third party property
other than damage to any property owned by You ( including any friend/relative,
associate or passenger) in your physical or legal control. This cover is also
subject to;
(a) You paying for the COLLISION DAMAGE/LIABILITY CHARGE on page 1.
(b) You and/or the Authorised Driver not having breached any terms and
conditions of this Agreement.
(c) You and/or the Authorised Driver not being covered under any policy of
insurance, and
(d) You providing such information and assistance as may be requested by the
Company or anyone acting on behalf of the Company.
If cover is provided then the Company, or its insurer, may bring, defend or
settle any legal proceedings in its/their sole discretion and the Company shall
have the sole conduct of any proceedings. Any such proceedings shall be brought
or defended in your name or the name of the Authorised Driver.
6. General Provisions
(a) If there is any incident involving loss or damage to the Vehicle or
involving the Vehicle while rented under this Agreement, You and/or the
Authorised Driver shall promptly report such incident to the Company at the
location where the vehicle was hired as well as delivering to the Company
immediately upon receipt by You and/or the Authorised driver, every summons,
complaint or paper in relation to such incident involving such loss or damage.
You and/or the Authorise Driver must also report all incidents to the police or
other proper authority;
(b)You and/or the Authorised Driver irrevocably release and hold harmless the
Company (and it’s agents and employees) from all claims for loss or damage to
your personal property, or that of any other person’s property left in the
vehicle, or which is received, handled or stored by the Company at any time
before, during or after the rental period, whether due to the Company’s
negligence or otherwise;
(c)You and/or the Authorised Driver acknowledge that the Company relies on the
truth of your/the Authorised Driver’s representations in this Agreement;
(d)You and/or the Authorised Driver will not refuse or fail to take any blood
analysis or breath test requested by Police;
(e)Except as provided by law, no drivers or passengers in the Vehicle be or
deemed to be the Agent, servant or employee of the Company in any manner for any
purpose whatsoever;
(f)The Company gives no express warranty in relation to the motor vehicle.
Certain conditions and warranties are implied by statute, whether Commonwealth
or State, which cannot be excluded, restricted or modified, such as those under
the Trade Practices Act 1974.Where the Company is permitted to limit it’s
liability under those statutes for breach of an implied condition or warranty
the Company limits its liability to replacement, repair or re-supply of the
Vehicle. All other warranties, conditions and other obligations which may be
otherwise implied are expressly excluded in their entirety. The Company is not
liable to You and/or the Authorised Driver for any indirect, special, incidental
or consequential damages relating to this Agreement;
(g)No right of the Company under this Agreement can be waived except by writing
of an authorised officer of the Company;
(h)Words used in this Agreement to denote any gender shall include all genders,
singular words including the plural, and noted on Page 1;
(i)Notwithstanding any other provision in this Agreement, a goods and services
tax(GST) or any similar tax, stamp duty or any other tax, duty, surcharge, levy
or fee(“charges”) imposed by Local ,State or Federal Government that is charged
and collected by the Company is imposed anywhere in Australia and has
application to any supply or use made under or in connection with this Agreement
or in relation to the use or the likely use of any roads, facilities or any
other infrastructure by You and/or the Authorized Driver or in relation to the
provision of rental or other services to You or the Authorised Driver;
The Company may in addition to the rate, price or any other amount or
consideration quoted or expressed as payable elsewhere in this Agreement,
recover from You and/or the Authorised Driver an additional amount on account of
the charge. Any additional amount on account of the charge shall be calculated
without any deduction or set-off of any other amount and is payable to the
Company on demand.
(j)You and/or the Authorised Driver acknowledge that your interest in the
Vehicle is as a bailee of the Company only and that You agree not to part with
possession, dispose of, encumber or assign any right or interest in the Vehicle
and not create any lien on the Vehicle for repairs;
(k)You and/or the Authorised Driver agree to indemnify the Company from and
against any or all claims, demands, actions, liabilities, losses, costs and
expenses (including, but not limited to legal costs on an indemnity basis)
incurred by the Company as a consequence of the failure for whatever reason of
the due and punctual performance of your obligations under this Agreement;
(l)You acknowledge that the Company has not in any way represented itself to You
as an entity carrying on the business of insurance;
(m)You and/or the Authorised Driver must not at any time admit liability for any
claim, loss or demand and agree that if such admission is made by You or the
Authorised Driver then that is a breach if this Agreement.
7. Fuel
The vehicle must be returned with the amount of fuel equal to that at the time
of the rental. If the Vehicle is returned with less fuel the difference will be
charged at a rate which may include a service component unless prior
arrangements have been made and noted on Page 1.
I HAVE READ AND UNDERSTOOD THIS PAGE AND ANY OTHER CONDITIONS ON PAGE 1 AND
SIGNED IT BEFORE MAKING ANY AGREEMENT TO HIRE ANY VEHICLE.
NCI 97/A
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