Terms and Conditions
RENTAL AGREEMENT TERMS AND CONDITIONS
This is an agreement between the prospective hirer identified on page 1 (you) and the company identified on page 1 (Coffs Harbour Rent-A-Car) to rent the motor vehicle described on page 1 including all accessories, tools, tyres and equipment and any replacement vehicle.
1. VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition and with the 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 all tools, tyres, accessories and equipment to the location specified on page 1 and on the date there specified (or sooner, if demanded by the company). The company may take possession of the vehicle without prior demand at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. If the seal of the odometer is broken the persons responsible will be reported to the appropriate authority and you are responsible for extra charges based on a 500 kilometres per day at 50c per kilometre.
2. UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle
(a) A person who is not identified on page 1 or has not been identified in writing to the company or approved by the company in writing.
(b) A person who is not licensed for that class of vehicle.
(c) A person who’s blood alcohol concentration exceeds lawful percentage.
(d) A person who has given or whom you have given a false name, age, address or drivers licence details.
(e) A person whose driver’s licence has been cancelled, endorsed or suspended within the last 3 years.
(f) A person who has held a drivers licence for less than 2 years.
Circumstances in which and/or for which the vehicle must not be used
(g) Outside the area of use limitations shown on page 1.
(h) On unsealed roads or off road conditions unless authorised by the company in writing.
(i) To carry any inflammable, explosive or corrosive materials.
(j) To propel or tow any vehicle, trailer, boat or other objects unless authorised by the company.
(k) To carry any greater or persons then is lawful or use in a manner or purpose other than for which is designed and constructed.
(l) To carry any animal or pet in the vehicle unless authorised by the company.
(m) For racing, pace making, speed trails, hill climbing.
(n) In a dangerous manner.
(o) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.
3. FINANCIAL OBLIGATIONS
Special note. Joint hirers and all drivers are jointly and severally responsible under this agreement.
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT ON PAGE 1, YOU AUTHORISE THE COMPANY TO DEBIT YOU CREDIT CARD (and you will pay on demand and balance) WITH THE FOLLOWING CHARGES:
(a) All rental charges specified on page 1.
(b) All charges claimed from the company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the company.
(c) All loss or damage to the motor vehicle (including loss of use). Third party damages, legal expenses, assessment fees, towing and recover, storage and company services charges where:
(i) Any condition of this agreement, and in particular condition 2, or any special conditions on page 1 has been broken.
(ii) The vehicle was involved in a single vehicle accident unless the company waives such loss to a single vehicle liability shown on page 1.
(iii) You have left the vehicle unlocked or left the keys on the vehicle.
(iv) You have not kept the key secure and under your personal control.
(v) The underbody of the vehicle is damaged regardless of the caused when no other vehicle was involved.
(vi) The vehicle is totally or practically immersed in water regardless of cause.
(vii) The interior of the vehicle is damaged regardless of cause.
(viii) The tyres of the vehicle are damaged other than by normal wear.
(ix) The vehicle is damaged by driving it under or into an object lower than the height of the vehicle.
(x) You have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to the company and defect which you become aware.
(xi) The vehicle is damaged by loading or unloading other than normal wear.
(xii) Your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment.
Special note. If you have paid by use of a credit card or directed the company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the company on demand.
4. DAMAGE COVER
If you act within the terms and conditions of this agreement the company will grant damage cove (including legal costs incurred with our consent) for your benefit in respect of damages to the vehicle or third party damage other than property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control. This cover is subject to:
(a) Your payment (per incident) of the damage/loss, liability charge stated on page 1.
(b) Your not having acted of having caused any other person acted in any manner which is contravention of this agreement including the special conditions on page 1.
(c) Your not covered under any policy of insurance.
(d) Your providing such information and assistance as may be requested and if necessary, authorising the company insurer to bring, defend or settle legal proceeding, but the company shall have sole conduct of proceedings.
5. GENERAL PROVISIONS
(a) You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle rented under this agreement to the company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub –paragraph does not excuse the hirer from reporting all incidents to police or other proper authorities.
(b) You release and hold harmless the company (and its agents and employees
from all claims for loss or damages to your personal property, or that of any other persons property left in the vehicle, or which is received, handled or stored by the company at any time before, during or after this rental period, whether due to the company’s negligence or otherwise.
(c) Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent servent or employee in any matter for any purpose whatsoever.
(d) THE COMPANY GIVES NO EXPENSES OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(e) No right of the company under this agreement may be waived except in writing by an officer of the company.
(f) Words used in this agreement to denote any gender shall include all genders, singular words including the plural, and noted on page 1.
(g) All loss and damages per incident and each incident leading to loss or damage is subject to the damage liability charge per incident.
The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If 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 on page 1.
7. PERSONAL ACCIDENT INSURNCE (where applicable)
Where you accept Personal Accident by accepting the appropriate premium on page 1 with charges to apply as per the rate shown on page 1. Acceptance of those charges is deemed to be proof of coverage and confirmation of your agreement to accept terms, conditions and benefits of the Personal Accident insurance.
I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND ANY OTHER CONDITIONS ON PAGE 1 AND SIGNED IT BEFORE MAKING ANY AGREEMENT TO HIRE ANY VEHICLE.