Terms and Conditions
TERMS AND CONDITIONS OF RENTAL
The Owner is Essington-Wilson Family Group Pty Ltd ACN 109 321 137; its principals, successors, assigns or agents whether disclosed or otherwise.
The Renter is the person or persons named in the Schedule as Renter, including all persons identified in the Schedule as a nominated driver. The term "Renter" may include corporations and includes any person who has provided credit card details as a security bond (Card Holder), even though the Card Holder may not be listed as a nominated driver. The term "Renter" includes all relevant persons or corporations jointly and severally.
The Owner hereby rents the Vehicle to the Renter for the period specified in the Schedule or any amended period agreed between the parties on the following terms and conditions.
1. Use and Return of Vehicle
a. The Vehicle may only be driven on sealed roads (except where the lack of sealant is temporary due to road maintenance or reconstruction) within the Zone specified in the Schedule by currently licenced drivers who have been nominated in the Schedule.
b. The Vehicle may only be used for lawful private or personal business purposes and shall not be used for trade purposes or sub-let on hire unless specifically authorised by the Owner.
c. The Renter is responsible to ensure compliance at all times with all road and traffic laws applicable to the State in which the Vehicle is being driven, save and except for the isolated and inadvertent minor breach of a traffic law - traffic light observance and all drug/alcohol driving lawsa require full and complete compliance speeding in excess of 30klms per hour above the relevant limits will also constitute a breach of this Rental Contract.
d. The Renter is responsible to ensure compliance at all times with the Terms and Conditions of Rental.
e. The Vehicle is not to be overloaded and is not authorised to tow any apparatus not supplied by the Owner. The number of seat belts fitted to the Vehicle determines the maximum number of occupants of the Vehicle at any one time.
f. Animals or inflammable; explosive or corrosive materials may not be transported in the Vehicle.
g. Smoking is prohibited within the Vehicle.
h. The Renter shall daily inspect and maintain at the proper operating levels; tyre pressure, fluid, oils and fuel and promptly report any defect to the Owner.
i. The Vehicle shall be returned to the Owner upon or prior to the expiration of the Rental Term as shown in the Schedule or such extended time as is agreed to by the Owner.
j. The Renter shall pay the Owner's standard charge or any other charge notified by the Owner as being a Rental Charge for any extension of Rental Period negotiated between the parties.
k. The Vehicle shall be returned in a clean and tidy condition and intact; together with all tools, tyres, accessories, equipment, street directories or any other items supplied by the Owner on a loan or hire basis and with a fuel level at least equating to the level at commencement of hire.
l. The Owner may take possession of the Vehicle without prior demand before the expiration of the Rental Period if, in the sole and absolute opinion of the Owner, continued possession of the Vehicle by the Renter would endanger the roadworthiness or condition of the Vehicle or would be likely to lead to misuse or use contrary to these Terms and Conditions of Rental, or if the Vehicle appears to be abandoned.
m. The Owner shall not be under any obligation to provide any refund to the Renter for any Rental Period curtailed by the Owner in accordance with the preceding clause herein or curtailed by the Renter for any reason whatsoever, except the failure of the Owner to correct, within 24 hours, any defect that renders the Vehicle inoperable other than any defect caused by a traffic accident or incident occurring during the Rental Period or other than any defect resulting from a breach of these Terms and Conditions of Rental.
n. The Owner may substitute the Vehicle at any time during the Rental Period.
o. The Owner may reasonably determine the amount payable by the Renter in respect of any return of the Vehicle later than the time and date contractually arranged between the parties, such amount may recognise the cost and inconvenience of any change to arrangements that the Owner had previously made to intendedrenters of the Vehicle due to its late return.The Owner may recover such charges by activating any debit or credit card where the Renterhas provided such card details to the Owner.The Renter is aware that the Owner may report the Vehicle as being stolen if the Vehicle is more than one hour late being returned.
2. Prohibited Drivers
The following persons are prohibited from driving the Vehicle:
a. Any person who is not identified in the Schedule as a Renter or nominated driver or otherwise specifically approved by the Owner.
b. Any person who is not licenced to drive the hired class of vehicle.
c. Any person who has given false identification information concerning the hire of the Vehicle.
3. 24hr Roadside Service
a. The Owner provides at his cost an entitlement to the 24hour roadside service provided by independently contracted organisations and/or their affiliates.
b. This roadside service is not for purposes of retrieval of keys, refuelling or changing tyres and any such use by the Renter will be at the Renter's cost.
4. Renter's Responsibility
a. The Renter is responsible for all losses or costs incurred by the Owner (other than normal maintenance or wear and tear) directly or indirectly arising from the rental of the Vehicle to the Renter, irrespective of the circumstances of such losses or costs.
b. This responsibility shall include, but not be limited to the rectification of damage caused to the Vehicle or caused to other property by the Vehicle, irrespective of any concept of "fault" in connection with the damage, as well as compensation to the Owner for any lost rental opportunities suffered by the Owner arising from the unavailability of the Vehicle prior to completion of repairs. The Owner is the sole determinant of the composition of any loss suffered by the Owner.
c. The Renter is required to observe the following procedure in the event of any accident or incident that has the potential to give rise to a cost incurred or other loss being suffered by the Owner:
(i) The Renter should ensure the safety of all persons involved in the incident and also the safety of the Vehicle.
(ii) The Renter should make no admissions as to responsibility.
(iii) Unless the Renter is clearly and unambiguously in the wrong, he must call the police. The Police Incident Report number, along with the officer's name, rank and station must be provided to the Owner.
(iv) The Renter should obtain full details of any other vehicles and drivers, including name, address (local address and licence address) registration number, expiry date, contact number and insurance details. The Renter should provide his details and the Owner's details to the other party.
(v) The Renter should obtain and supply to the Owner the contact details of any independent witness to the incident.
(vi) The Renter should contact the Owner as soon as is practicable, but in any case, no later than within 24 hrs of the incident. The Renter shall not authorise any towing without attempting to contact the Owner.
(vii) Where possible, the Renter should photograph any damage to the other vehicle. If photographs are not possible, the Renter should describe in best possible detail the damage to the other vehicle that arose from this incident - if there is evidence of pre-existing damage, the Renter should provide the Owner with this information.
(viii) The Renter shall provide the Owner with a detailed report, including a diagram of all of the circumstances of the incident and if possible; get any witnesses to sign it.
d. Should the Renter request a replacement vehicle for one that is rendered inoperative for any reason other than mechanical failure not attributable to the Renter; such replacement will be at the absolute discretion of the Owner, and if a replacement vehicle is provided, it shall be the subject of a separate Rental Agreement with its own payment and Security Deposit arrangements.
e. The Renter shall not abandon the Vehicle.
5. Limitation of Renter's Liability
a. Provided that the Renter at all times and in all respects fully observes the Conditions of Rental, the Renter shall not be required to compensate or indemnify the Owner for any amount or amounts which in the aggregate exceed the amount shown in the Schedule as the Limit of Renter's Responsibility, such limit being separately calculated for each and every incident giving rise to a liability by the Renter. Where there is more than one Vehicle being rented by the Renter, this limit of liability is calculated on a "per vehicle, per incident" basis.
b. Should no amount be shown, the relevant limit will be the amount determined by the Owner as the Standard Limit of Renter's Responsibility at the time of commencement of the Rental Period.
c. The Renter may elect to pay to the Owner a rental surcharge as determined by the Owner on a pre-paid basis to reduce the Standard Limit of Renter's Responsibility to a lesser amount as shown in the Schedule, such lesser amount being the maximum liability of the Renter in respect of any one incident.
d. The limitation of the Renter's Liability is subject to the following additional conditions:
(i) The Renter or nominated driver not being covered by any policy of insurance in respect of such loss or damage being incurred by the Renter or authorised driver. (ii) The Renter co-operating in any proceedings initiated by or on behalf of the Owner against any party to the incident. (iii) The Renter providing to the Owner every summons, complaint, demand or notice received by the Renter in connection with any loss or damage.
e. Any non-compliance with the Conditions of Rental shall revoke any limit on the Renter's Responsibility.
f. The Limitation of the Renter's Liability does not extend to any damage or loss arising from theft, where the Vehicle is left unlocked or unsecured or where the Renter has not kept the keys secure, or damage or loss where the Vehicle has been wholly or partially immersed in water, irrespective of the cause of such immersion, other than the single exception where the immersion or partial immersion occurred at a time when the vehicle was parked in a place where it was reasonable so to do and was unattended by the Renter at the time of such immersion or partial immersion. Nor does it include any damage or loss to the Renter's or any other person's personal property in the physical or legal control of the Renter.
g. The Limitation of the Renter's Liability does not extend to any damage caused to the Vehicle as a result of attempted negotiation of any object, space or structure having a clearance height greater than the base of the Vehicle's front windscreen or as a result of the Vehicle being continued to be driven after the Vehicle has sustained radiator fluid loss, transmission or engine oil loss or tyre pressure loss.
6. Security Deposit
a. The Owner may require a Security Deposit to be lodged or provided by or on behalf of the Renter as a surety for complete compliance with the Terms and Conditions of Rental.
b. Where this requirement is satisfied by the provision of debit or credit card account details, the relevant Card Holder acknowledges by so offering the debit or credit card details that any costs or liability attributable to the Renter arising from this Rental Contract may be charged by the Owner against the said debit or credit card account.
c. The Card Holder irrevocably authorises the Owner to charge all costs attributable to the Renter against the credit card account and indemnifies the Owner from any losses sustained by the Owner arising from this Rental Contract. This authority shall continue beyond the termination of the Rental Period until the complete recovery by the Owner of all costs or losses recoverable from the Renter.
d. The failure of any attempt by the Owner to retrieve funds from the account shall not diminish the liability of the Card Holder or of the Renter.
e. Any refund by the Owner of any monies provided as a Security Deposit shall not prejudice any subsequent claim by the Owner for cost or loss recovery. Where there is a currency exchange risk between the date of providing the Security Bond and the date of any refund thereof, such risk shall be entirely with the provider of the Security Bond and/or the Renter. Any transactional charges are also the responsibility of the provider of the Security Bond and/or the Renter.
f. The Owner may, in his absolute discretion apply the Security Deposit entirely, or such part as is deemed by the Owner to be appropriate, as forfeiture by the Renter or Card Holder in consequence of any non-compliance with the Terms and Conditions of Rental.
7. General Provisions
a. The laws of the state of Queensland, Australia shall govern this Rental Contract and any action taken in respect of this contract shall be heard within the jurisdiction of a relevant Queensland court.
b. The use of any gender shall include all genders; singular words shall include the plural; reference to a person shall include a corporation.
c. The Renter acknowledges that the Owner has relied on the truth of all representations made by any person who is a party to this contract.
d. The Renter acknowledges that the Rental commences when the Owner provides availability of the Vehicle to the Renter and concludes when the Owner actually retakes possession of the Vehicle, and also acknowledges that the risk of loss or damage during the Rental is with the Renter.
e. The Owner provides no express warranty in relation to the 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 Owner is permitted to limit its liability under those statutes for breach of an implied condition or warranty, the Owner limits its liability to replacement, repair or resupply of the Vehicle. All other warranties, conditions and other obligations that may be otherwise implied are expressly excluded in their entirety. The Owner is not liable to the Renter or to any member of the Renter's family or party for any indirect, incidental or consequential damages relating to this Rental Contract.
f. The Renter acknowledges that he is not the agent of the Owner and has no authority to bind the Owner in any respect.
g. The Renter acknowledges that his interest in the Vehicle is as bailee only and the Renter agrees not to part with possession of, or dispose of, encumber, assign or create any lien in respect of the Vehicle.
h. The Renter acknowledges that the Owner has not in any way represented itself as an entity carrying on the business of insurance.
i. The Renter hereby indemnifies the Owner 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 Owner as a consequence of the failure for whatever reason of the due and punctual performance of all of the Renter's obligations under this Rental Contract.
j. The Owner may charge the Renter an administration fee reasonably determined by the Owner in respect of the Owner's time and costs in dealing with any traffic infringement notices, parking fines or similar matters originating during the course of rental by the Renter. The Owner may recover such administration fee by activating any debit or credit card where the Renter has provided such card details to the Owner.
k. The Owner may recover from the Renter any costs of collection of monies owing by the Renter or enforcement of these Terms and Conditions of Rental, including debt collection costs incurred on a commission basis or legal costs incurred on a solicitor to client basis.