Terms and Conditions

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.

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