COFFS HARBOUR RENT A CAR
TERMS AND CONDITIONS OF RENT
AS OF JUNE 2019
          1 YOUR RENTAL CONTRACT
  • 1.1 This Contract { Rental Contract} You have entered into with
  • Coffs Harbour Rent A Car comprises the rental document for
  • the hire of the Vehicle {Rental Agreement}
  • and these terms and conditions of rental {Terms and Conditions}.
  • When we refer to the Rental Contract We mean both the Rental
  • agreement and the terms and conditions.
  • 1.2 The date of the Rental Contract is the date that is shown in
  • the Rental Agreement.
  • 1.3 Please read the Rental contract carefully. If there is anything
  • that You do not understand  please ask at the Rental Station before
  • signing the Rental Contract, as Your signature in its entirety
  • and that You are bound by it.
  • 1.4 There are words and phrases used in the Rental Contract
  • that have a particular meaning that You need to be familiar with.
  • Accident means an unintended and unforeseen collision between
  • the Vehicle and any other object,including another vehicle,
  • that results in Damage or Third Party Loss.
  • Administration Fee means the fee charged by Us for the
  • administrative cost associated with your Rental.
  • Authorised Driver means any driver approved and recorded by Us,
  • either on the Rental Agreement or by prior written agreement.
  • Claims Administration Fee means the fee charge for handling
  • Your claim and for making arrangements for repairs, towing and
  • other administrative tasks associated with Damage or
  • Third Party Loss. The fee ranges from $100.00 plus GST for
  • a single vehicle accident to $200 plus GST  where there is also
  • Third Party Loss.
  • Customer Own Insurance means that You have a Corporate Service
  • Agreement or Third Party
  • Loss arising from the use of the Vehicle.
  • Damage means :
  • (a) any loss or damage to the Vehicle, however caused, that requires
  • repair or replacement, subject to reasonable wear and tear;
  • (b)     towing and salvage fees;
  • (c)     assessing fees; and
  • (d)     Loss of Use.
  • Damage Cover Products means products You may purchase at the
  • Start of your Rental at extra cost to reduce Your CDW liability.
  • Collision Damage waiver means the amount shown in the
  • Rental Agreement You must pay Us in the event of Damage,
  • theft or the Vehicle Third Party Loss, subject to these
  • Terms and Conditions.
  • Final Inspection means the inspection carried out after We
  • have taken possession of and fully examined and cleaned the
  • Vehicle at the end of the Rental Period.
  • Loss of Use means the fee calculated at the daily rate shown
  • in the Rental Agreement being Our loss because the Vehicle
  • needs repair and We are waiting for the repairs to be completed
  • or it is a  write-off or has been stolen and We are
  • waiting for it to be replaced.
  • Off Road means any area that is not a gazetted road nor a sealed
  • road nor an Unsealed Road and includes but is not limited to
  • unformed roads, fire trails.tracks,river and tidal crossing
  • creek beds, beaches, streams, dams,rivers,flood waters,
  • sand desert,rocks, fields and paddocks.
  • Overhead Damage means;
  • (a) Damage at or above the level of the top of the front
  • windscreen of the Vehicle
  • (b) Third Party Loss caused by
  • (1) contact between the part of the Vehicle that is at or above the
  • level of the top of the front windscreens with objects overhanging
  • or obstructing its path;
  • (2) objects being placed on the roof of the vehicle; or
  •  (3) You or any person standing or sitting on the roof of the Vehicle.
  • Rental Charges means all rental and associated charges plus GST
  • or other taxes and levies required by law all shown in the
  • Rental Agreement.
  • Serious Breach means a breach of any of clauses stated that
  • causes Damage, theft of the Vehicle or Third Party Loss.
  • Start of Rental means the date and time that the rental
  • commences at the Rental Station shown in the Rental Agreement.
  • Third Party Loss means any loss or damage to third party property
  • , including other motor Vehicle, and any third party claim for loss
  • of income or consequential loss.
  • Underbody Damage means any  loss or damage to  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 stop any object or obstruction including keurbs,
  • gutters, speed or road humps, barriers or wheel  damage.
  • 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.
  • Vehicle means the vehicle described in the Rental Agreement
  • and includes its parts, accessories, keys, keyless start or
  • remote control device, audio equipment and tools or any
  • Vehicle substituted by Us pursuant to the Rental Contract.
  • We, Us, Our means Coffs Harbour Rent A Car
  •   (Dee -N-Cee PTY  LTD  A.C.N 080  947 959
  • A.B.N: 75 080 947 959) as shown in the Rental Agreement.
  • You, Your means the person,firm,company or organisation
  • renting the Vehicle or any authorised   Driver shown in the
  • Rental Agreement.
  • Your Coffs Harbour Rent A Car Account means your credit card,
  • Coffs Harbour Rent A Car charge account or Debit Card nominated
  • at the Start of the Rental for the debiting of charges
  • under the Rental Contract.
  • 2    Rental Period
  • 2.1 Your rental of the vehicle from us is for the Rental Period
  • and at the rate shown in the Rental Agreement.
  •  2.2 The Vehicle must be returned to the Rental Station
  • on the date and by the time shown in the Rental Agreement
  • 2.3 We understand that circumstances change and that You may
  • require the Vehicle for longer than the rental Period.
  • If so, you must notify Us at least 2 hours prior to the expiration of
  • the Rental Period.
  • 2.4   If You fail to notify Us at least 2 hours before the expiration
  • of the Rental Period that You require an extension, We may;
  • (a)   terminate the Rental Contract: and
  • (b)   recover the Vehicle by lawful means.
  • 2.5  A No Show fee may apply if you fail to notify Us of Your
  • intended cancellation prior to the date and time of the
  • commencement of Your reservation.
  • 3    Costs, charges & payment
  • 3.1 At the start of the Rental You must provide Your credit card
  • or Debit Card  which We pre-authorise  to pay Your total estimated
  • Rental Charges plus a deposit as security.
  • Payment by Debit Card is not acceptable on all vehicles
  •   or at all Rental Stations and  You should check with the Rental Station
  • that Your proposed means of payment acceptable to Us before signing
  • the Rental Contract.
  • 3.2 When collecting the Vehicle the primary cardholder must be present.
  • 3.3 At the end of the Rental Period You must pay Us:
  • (a) the rental Charges:
  • (b) all reasonable costs to return the vehicle to the same condition
  • it was in at the Start of the Rental, including but not limited to extra
  • cleaning and subject to reasonable wear and tear; and
  • (c) any amounts payable under clauses;
  • (i)   3.6 ( roads and maritime Services E-TOLL Facility)
  • (ii)  3.7 (fines infringements, penalties and court fees) and
  •   (iii) 4.1 (Damage Liability Fee) and
  •  (iv) 5.1 to 5.4 ( inclusive) (Exclusions to Damage Cover)
  •  3.4     if You extend the Rental Period from that shown in
  • the Rental Agreement You entitlement to free rental kilometers may be
  • charged for extra kilometers if you exceeds the free kilometers applicable
  • to Your rental Period and Vehicle model.
  • 3.5  The Vehicle is supplied with a full tank of fuel. If You do not take the
  • ” prepaid fuel “option and return the Vehicle full of fuel,
  • a refueling charge will apply.
  • You must also pay for any fuel used for delivery and collection service.
  • 3.6      Roads and Maritime Services All tolls incurred by YOU
  • when driving the Vehicle on a toll road and You Must pay;
  • (a)  all tolls incurred in connection with Your use of a toll road;
  • (b)  a service fee of 50.00 per toll or traffic fines on which a
  • toll or traffic fine is incurred.
  • (c)  any other amount that is payable pursuant to Roads and
  • Maritime Services Terms and Conditions.
  • 3.7      You are liable for and must pay;
  • (a) speeding and traffic fines, infringements and penalties arising
  • from the use of the Vehicle;
  • (b) fines,infringements, and penalties arising from parking,clamping,
  • towing,or release of the Vehicle from compounds; and
  • (c) all court fees or cost from sub-clause (a) or (b).
  • 3.8      We may supply Your details to any regulatory authority upon its
  • request and an administrative fee applies if We do so.
  • 3.9  If We have paid any amount for which You are liable pursuant to
  • clauses 3.6 or 3.7 You will  also be charged that amount together with
  • an administrative fee.
  • 3.10     All amounts payable under the Rental Contract are subject to
  • subsequent verification and adjustment and details of any adjustment
  • will be provided to You as soon as practicable. If a refund is due to You
  • it will be credited to your credit card or debit credit card.
  • If any amount is due to Us You authorise Us to charge Your Credit Card
  • and or Debit Credit Card with that amount, including an amount
  • up to the CDW and and amounts payable under clauses 3.3 to 3.7
  • ( inclusive). These charges may be at anytime during or after the end
  • of the  Rental Period.
  • 3.11    If currency conversion is required for payment of amounts due
  • to Us under the Rental Contract, We will apply the commercial exchange
  • rate valid at the time We credit or debit Your account.
  • 3.12  If You fail to pay Us any amount due under the Rental Contrac
  • You must also;
  •  (a) pay Us interest on the over due amount calculated
  • at the rate of 10% per annum and starting 7 days after the date that
  • overdue amount became payable to Us and ending on the date of payment
  • of all amounts due; and
  •  (b) pay the reasonable costs and charges We incur in recover
  • that overdue amount,including mercantile or debit collection fees,
  • commission and any legal costs.
  •  4  Damage Cover and payment of the damage liability fee (CDW)
  • 4.1 If there is Damage, theft of the Vehicle or Third Party Loss for
  • each separate Accident or Theft You must pay up to the CDW
  • shown in the Rental Agreement unless Your  Rental Contract is for
  • Customers Own Insurance.
  • 4.2      subject to clause 5, Your CDW liability is reduced if You purchase
  • Collision Damage  waiver (CDW)
  • 4.3 You will not have to pay the (CDW) shown in the Rental Agreement
  • for claim if acting reasonably We agree that You were not at fault  and;
  •  (a) You are ordinarily from Australian resident;
  •  (b) You hold a Australian drivers licence;
  •  (c) You have fully completed Our Incident report form with;
  •  (i) the name, residential address, contact,phone and licence number
  •   of any person involved (Third Party);
  • (ii)  the registration numbers of all vehicles involved
  • (iii) an accurate diagrammatic description of the Accident and location; and
  • (iv) the names of attending police officers and the station at
  • which they are based; and
  • (d) You have supplied or We have established the name of the insurer of any
  • Third Party Loss You believe was at fault and We reasonably believe that
  • insurer will agree to pay Us for the Damage.
  • 4.4    if the CDW is payable under clauses 4.1 and 4.0:
  •          (a) upon inspection of the vehicle WE may make reasonable estimate
  • of Damage and debit Your Credit card or Debit credit card accoun
  • up to but not exceeding the CDW shown in Your Rental Agreement: and
  •  (b) once Damage has been assessed We will:
  •  (i) debt Your Credit or debit Credit card Account with the difference up to a
  •  total amount not exceeding the CDW shown in Your Rental Agreement if
  •  the assessed amount is greater than estimate; or
  •  (ii) credit Your Credit or Debit credit Account with the difference if the
  •  assessed amount is less than the estimate,and forward to You a tax invoice
  • for the assessed amount:
  • (c) if We receive notification of Third Party Loss We will make a reasonable
  •  estimate of your liability for that loss:
  •  (i) debit Your Credit or Debit card Account for the amount of that estimate; or
  •  (ii) if an amount has already been debited under subclause (a) or (b), debit Your
  •  Credit or Debit card Accounts for the additional amount of that estimate,
  •  up to bot not exceeding the CDW shown in the Rental agreement.
  •  4.5 we will refund:
  •  (a) the CDW paid pursuant to clause 4.4:
  •  (i) in full if We recover the Damage from a responsible third party or
  •  their insurer or successfully reject or defend a claim for Third Party Loss: or
  • (ii) on a pro rata basis if We recover only a proportion of any amount claimed
  • for Damage; or
  • (iii) any surplus amount if a claim for Third Party Loss is rejected or defended
  • for an amount less than the CDW paid pursuant to clause 4.5
  • 4.6      In making a refund We may take into 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.
  • 5         Exclusions to Damage Cover
  • 5.1  You have no cover if there is Serious Breach of the Rental Agreement Contract
  • even if Damage Cover Products have been purchased and the CDW has been paid.
  • 5.2  You have no cover for the Vehicle’s windscreen, headlights, wheels or tyres.
  • 5.3 Even if you purchase one of Our Damage Cover Products and You Pay the CDW
  • You have no cover, for;
  • (a) Damage or Third Party Loss caused by the use of the Vehicle in any area
  •  prohibited by the Rental Contract;
  • (b) Overhead Damage;
  • (c)  Damage, Underbody or Damage or Third Party Loss caused deliberately or
  •  recklessly by You, any unauthorised driver or any passenger of the Vehicle;
  • (d)  Damage caused by total or partial inundation or immersion of the Vehicle in
  • water or exposure of the vehicle to salt water, including that which occurs
  •  whilst the Vehicle is being transported;
  • (e)  Damage caused by use of the incorrect fuel type;
  • (f)   Damage or Third Party Loss caused or contributed to by You where You
  • leave the scene of the the Accident prior to the attendance of the police
  • or reporting the Accident to the police.
  •  5.4   There is also no cover for;
  •  (i) the full cost of replacing or repairing any accessories, supplied by Us
  • including, but not limited to child restraints, GPS units, lost keys,
  • keyless start and remote control devices;
  • (II) Property owned by You 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;
  • (iii) loss or damage to Your property of a member of Your immediate
  • family or of an entity related to You, that arises from the use of the Vehicle; or
  • (iiii) Damage, theft of the Vehicle or third Party Loss if Your Renatal
  • contract is for Customers Own Insurance.
  • 6 Customer Own insurance
  • If You have Corporate Service Agreement with Us provides for
  • Customer Own insurance and if Your Rental Agreement records that
  • Your Rental Agreement records that Your Rental Contract is for
  • Customer Own Insurance:
  • (i) Damage and Third Party Loss arising from the use of the theft of
  •  the Vehicle are Your responsibility and MUST be paid in FULL by You; and
  • (ii) You fully indemnify Us for ;
  • (a)  Damage and Third Party loss arising from the use of the Vehicle
  •  and any loss We may have arising from the theft of the Vehicle; and
  • (b) any demand, claim, including a claim for legal costs, action or
  •  proceeding made, commenced or issued by or against You arising therefrom.
  • 7 Your responsibilities
  • 7-1 In this section ,We set out the responsibilities You have to Us when You hire
  • one of Our Vehicles.
  • 7-2 The Vehicle must only be driven by You.
  • We may also approve additional Authorised Drivers and an extra charge
  • may apply for each driver.
  •  7-3 You must;
  • (a) be no less than 21 years of age and a young driver surcharge appies for
  • specific and drivers under the age of 25; and
  • (b)   hold a fill, current, unrestricted drivers licence for the Rental Period valid
  • and appropriate for the class of Vehicle, that shows Your currant residential
  • address and which is written in English or  an international licence
  • translated into English.
  • 7-4 You Must also
  • (a) allow Us to inspect Your licence at any time during the Rental Period;
  • (b) fully inspect the Vehicle at the start of the Rental to ensure that the condition
  • of the Vehicle and any pre-existing damage is accurately noted and show in the
  • Rental Agreement If there is any discrepancy You must notify us prior to leaving
  • the Rental Station; and
  • (c) tell Us if You will be using the Vehicle to drive interstate.
  • 7-5 During the Rentals Period You must:
  • (a) take all reasonable care of the Vehicle:
  • (i)  to prevent Damage, theft of the Vehicle and Third Party Loss;
  • (ii) to ensure that the Vehicle is not overloaded by the number of persons
  • or by the weight of goods carried;
  • (iii) by using any security device fitted to or supplied with the Vehicle; and
  • (iv) 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;
  • (v)  Keep the Vehicle locked and secure and the keys and any keyless start or
  • remote control device under Your personal control at all times and You must
  • be able to produce those keys and devices in the event of a theft of the Vehicle;
  • (vi)  maintain the Vehicle engines and brake oils, engine coolant levels and
  • tyre pressures; and
  • (vii)  use the correct fuel type.
  • 7.6 During the Rental Period You must also:comply with all mandatory
  • seat belt laws and fines may be imposed by the police or any driver or passenger
  • who does not have a seat belt properly adjusted and fastened.
  • (b) comply with all child restraint laws and ensure that 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 properly adjusted and fastened.
  • (c)  return the Vehicle and any accessories supplied by Us including, but not
  • limited to child restraints and GPS units in the same condition as at the
  • Start of Rental, subject to reasonable wear and tear;
  • (d) adhere to any mileage instructions displayed in the Vehicle or set by the
  • Rental Station; and
  • (e) immediately upon request provide Us any regulatory authority Your full
  • accurate and up-to-date information relating to the use of the Vehicle
  • during the Rental Period.
  • 7-7 You must never
  • (a)  use the Vehicle when its damaged or unsafe;
  • (b)  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;
  • (c) fail or refuse to under go any breath blood, oral fluid or urine test or
  • drug impairment assessment in the state or territory in which the
  • Vehicle is driven;
  • (d) drive the Vehicle whilst Your driving licence is subject to any restrictions
  • or condition;
  • (e)  commit:
  • (i)  any willful deliberate or criminal act, including an act of driver abuse: or
  • (ii) an act of connivance with any person acting for You or on Your behalf that
  • causes Damage or Third Party Loss:
  • (ii) drive the vehicle dangerously or recklessly;(
  • ii) use the Vehicle for off-roading, reliability trails, 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;
  • (iv)  use the Vehicle for any illegal purpose;
  • (v)   sell, rent or dispose of the Vehicle; or(
  • vi)  register or claim to be entitled to register any interest in the Vehicle under the
  • Personal Property Securities Act 2009.
  •   7-8    You must not:
  •   (1) use a mobile phone or GPS unit whilst the Vehicle is in motions or stationary;
  • but not parked unless the body of the phone or GPS unit is affixed at any time
  • whilst being used; (2) leave the keys to the Vehicle, any keyless start or
  • remote door control device in it with it whilst it is unattended or unoccupied
  • by You or any passenger;
  • (3) leave the Vehicle unattended following an Accident and  before the arrival of
  • a tow or salvage operator;
  • (4) modify the Vehicle in any way and no roof racks or tow-bars are permitted
  • unless fitted by Us;
  • (5) use the Vehicle for the transport of passengers or property for hire,fare or
  • reward unless the Vehicle has Our prior written  authority; or
  • (6)  use the Vehicle for transporting any animals, unless specifically approved.
  • 7.9     You and any passenger 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.