AUSSIE BARGAIN CAR RENTALS – RENTAL CONTRACT & AGREEMENT
Terms and Conditions of the Rental Contract
This Rental Contract consists of the Rental Agreement (including Page 1 and the accompanying Terms and Conditions) and the Vehicle Condition and Accessories Report.
When we refer to the Rental Agreement or the Agreement, we refer to the whole of the Rental Contract.
This is a Standard Rental Agreement effective on all new hires from 14th September 2015
Please read the full Rental Agreement before signing it. By signing the Rental Agreement, You are acknowledging that you have read and understood all of the Agreement including the Terms and Conditions and that You are bound by it.
If there is anything in the contract that you do not understand, please ask the Customer Service person before you sign any document.
WHAT WE OFFER YOU
Aussie Bargain Car Rentals is an independent car hire business based on the Sunshine Coast of Queensland Australia. Our commitment is to provide quality service, focusing on real value for money.
We provide a variety of new, late model and older model cars plus Campervans and Motorhomes for use within a limited and defined Area of Use as noted on Page 1 of the Rental Agreement.
Our vehicles are regularly serviced, well presented and maintained to a high standard.
YOUR CONSUMER RIGHTS
Your rights as set out in the Contract are in addition to Your rights as a consumer under applicable consumer products and services legislation, including Australian Consumer Law.
Your Consumer Rights are not restricted, excluded or modified by this Rental Contract. You can find out more about Your Consumer Rights from the Australian competition and Consumer Commission (ASIC) or the Queensland Office of Fair Trading.
The Hirer agrees to rent the vehicle as per the Rental Contract subject to the Terms and Conditions stated on the face of the Rental Agreement (Page 1) and the accompanying Terms and Conditions pages.
DEFINITIONS OF TERMS USED
'The Company' means Aussie Bargain Car Rentals ABN 22 096 040 878., also referred to as ‘We’ ‘Us’ and ‘Our’.
The ‘Rental Agreement’ is a legally binding contract made between the Companyand You the person hiring the Vehicle and any Authorised Driver.
‘You’ and ‘Your’ means the principal hirer of the Vehicle and any Authorised Drivers.
‘Your Account’ means Your deposit, bond, credit card, debit card or cash deposit to which any or all of Your Rental Charges are to be debited.
‘Rental Charges’ means all fees amounts, costs and charges specified on Page 1 of the Rental Document or payable under this Rental Agreement.
‘Authorised Driver’ means any person authorised by the Company to drive the Vehicle and noted on Page 1 of the Agreement.
‘Rental Period’ means the hire of the Vehicle between the dates as shown on the face of the Agreement or such extended time as authorised by Us in writing.
‘Collection Costs’ means the Company’s costs incurred in collecting any unpaid Rental Charges from You, including the Company’s legal costs, applicable administration fees and any debt collection agent’s fee.
‘Vehicle’ means the rental vehicle as described on Page 1 of the Rental document (or any substitute vehicle) including all its various parts and components, tools, keys and remote devices and any associated electronic device or tolls tag.
‘Overhead Damage’ means damage to the vehicle or third party property resulting from the Vehicle coming into contact with anything above the front and rear windscreens or the top of the doors, other than in an accident with another vehicle.
‘Underbody Damage’ means damage to the Vehicle caused by the Vehicle coming into contact with anything (including water) below the lower edge of the doors and the bottom of the front and rear bumpers.
‘Third Party Loss’ means any damage or loss to third party property, including motor vehicles and any third party claim for loss of income or consequential loss.
‘Accessory’ means any equipment as noted on Page 1 of the Rental Document or the accompanying Vehicle Condition and Accessories Report. Accessories may include but are not limited to, infant and child safety seats, pushchairs and prams, roof racks including soft surf board racks, Key safes and GPS units
'Single Vehicle Accident’ (SVA) means an incident where the rental vehicle sustains damage, but does not include any impact between the Vehicle and another moving vehicle. It includes but is not limited to a) impacts with buildings, poles, obstacles, vegetation, rocks, curbs, gutters or drains b) impacts with any other stationary object, including other stationary parked vehicles. c) single vehicle rollovers.
‘Multiple Vehicle Accident’ means loss or damage where Your Rental Vehicle is in a collision with one or more other moving vehicles.
‘Third Party Loss’ means any damage or loss to third party property, including other motor vehicles and any third party claim for loss of income or consequential loss.
‘Final Inspection' means the full Vehicle inspection completed following the end of the hire period, once the Vehicle is back in our possession and has been cleaned and properly inspected.
Rental Agreement Terms and Conditions
This is an agreement between the Hirer(s) identified on Page 1 (You) and the Company identified on Page 1 (the Company) to rent the motor vehicle described on Page 1 (and any replacement Rental Vehicle) including all accessories, tools, tyres and equipment of the vehicle.
1. VEHICLE CONDITION, SAFETY AND RETURN
1.1 Our commitment when renting you a Vehicle is we will ensure it is provided in a clean and good operating condition.
1.2 You agree to return the vehicle in the same condition (except for ordinary wear and tear (this does not include windscreen or tyre damage unless a windscreen, headlight and tyre damage waiver is taken) together with all tools, tyres, accessories and vehicle equipment to the location specified on Page 1 and on the date there specified (or sooner if demanded by the Company).
1.3 The Company may take possession of the vehicle without prior demand and at your expense, if it is used in violation of the law or a material condition of this agreement; or if it is apparently abandoned.
1.4 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 500 kilometres per day at 50 cents per kilometre.
1.5 You must keep the vehicle locked at all times when You are not using it and the keys must be under your personal comtrol at all times.
1.6 You must be able to produce the keys in the event of theft of the Vehicle.
Note: The Company must be notified and agree in writing to any extension of the agreed Hire Period beyond that specified on Page 1 of this Agreement, in advance of the return date and time, or the vehicle may be reported as stolen.
Note: Where an extension of the hire period is agreed to by the Company, payment for the agreed extended period of hire must be made immediately and you irrevocably agree that the Company may charge your supplied credit/debit card(s) for the agreed amount. You must also sign an ammended Agreement within a maximum of 24 hours.
If you wish to return the Vehicle earlier than the date shown on Page 1 of the Rental Agreement and we agree to alter the term of the contract, you agree that discounts provided on the original hire period will be vacated and the daily rate for the hire period will be adjusted to reflect a daily hire charge up to the standard 'rack rate’ for the number of days hired. An Early Cancellation Fee of $60 will apply.
2. UNAUTHORISED AND PROHIBITED USE
2.1 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, approved by the Company and added to the Rental Agreement by the Company.
b) A person who is not licensed for that class of vehicle
c) A person whose blood alcohol concentration exceeds the lawful percentage or who is under the influence of drugs
d) A person who has given, or for whom You have given a false name, age, address or driver’s license details.
e) A person whose driver’s license has been cancelled, endorsed or suspended within the last (one) year.
f) A person who has held a driver’s license for less than two years.
g) Any L Plate driver or person learning how to drive
h) Any P plate driver not specifically authorised by the Company to drive the Vehicle.
2.2 Circumstances in which and/or for which the vehicle must not be used:
a) Outside the Area Of Use limitations shown on Page 1 (without specific authority from the Company, in writing).
b) On any road that is not a properly formed and constructed as a sealed, metalled or gravel gazetted road in good condition; except where the lack of sealant or coverage is because the road is under maintenance or if the vehicle is travelling on a well maintained private driveway or commercial establishment access road.
c) Off road or on any dirt or sand track, bush or beach path or any beach.
d) To carry persons for hire or to carry any inflammable, explosive or corrosive materials
e) To propel or tow any vehicle, trailer, boat or any other object unless the Company has specified and authorised such use in writing.
f) To carry any greater load and/or more persons than is lawful or use the vehicle in as manner or for a purpose other than for which it was designed and constructed.
g) To carry any animal, bird or pet in the vehicle unless authorised by Us in writing or on the face of this Agreement.
h) For any racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for these purposes.
i) In a dangerous or wilfully negligent, careless or reckless manner.
j) 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.
3.1 By entering into this agreement You accept that you are responsible for the following charges and costs resulting from your actions or omissions. You irrevocably authorise the company to debit your credit card(s) / Debit Card / Deposit / Bond and you will pay on demand :
a) All rental charges specified on Page 1.
b) All charges claimed from the Company in respect of parking and any other traffic violations incurred during the hire period or until such later time as the vehicle is returned to the Company’s possession.
c) All loss or damage to the motor vehicle (including hail damage and loss of use), Third Party Damages, legal expenses, assessment fees, clamping fees, towing and recovery, storage and Company service charges where any condition of this Agreement, relevant to the loss or damage and in particular the conditions of Clause 2, or any special condition on Page 1 has been breached.
d) Costs, penalties or infringement charges arising from clamping or towing, or release from holding compounds.
e) All rental charges for any extension of hire that you have requested and we have agreed to.
3.2 You must also pay Us resulting loss, damage and costs where:
a) You have left the vehicle unlocked or left the keys in the vehicle
b) You have not kept the vehicle key secure and under your personal control.
c) The underbody of the vehicle is damaged (including water related damage) regardless of cause when an accident with another vehicle is not involved.
d) The vehicle is partially or totally immersed in water, irrespective of of how the damage or loss was caused - other than the exceptions where:
I. the immersion or partial immersion occurred at a time when the vehicle was parked in a place where it was reasonable and legal so to do and was physically unable to be safely accessed by the Renter(s) or breakdown services at the time of such immersion or partial immersion, or
II. the immersion or partial immersion occurred during the course of the vehicle (where authorised by the Agreement) is being loaded onto, transported by, or alighting from a scheduled public access car ferry service, or
III. the immersion or partial immersion occurred as a result of a collision with another identified moving motor vehicle.
e) The interior of the vehicle is damaged (other than fair wear), regardless of cause, when no other vehicle is involved.
f) The tyres of the vehicle are damaged other than by normal wear.
g) Where damage or loss, including any consequential damage is caused by the use of the incorrect type or grade of fuel
h) The vehicle is damaged by driving it under or into an object lower than the height of the vehicle, or narrower than 30cm wider than the widest part of the vehicle, including mirrors.
i) You have failed to maintain all fluid and fuel levels and tyre pressures or have failed to immediately rectify or report to Us any defect of which you become aware or ought to have become aware.
j) You have failed to properly secure any load or equipment which leads to damage or loss caused by any part of the load or equipment.
k) The vehicle is damaged by loading or unloading, other than normal wear.
l) Court costs, fees or penalties arising from use of the Vehicle, whether You were driving the Vehicle, or not.
m) We may supply your details to any regulatory authority upon demand. You may be charged an administration fee if we do this.
n) If We have paid a fee for which You are liable, under clause 3, You will be charged that amount plus an Administration Fee.
3.3 Should You fail to pay Us any amount due under the Rental Contract, You must also pay Us:
a) interest at a rate of 11% per annum on the overdue amount starting 7 days after the overdue amount becomes payable and ending on the date all outstanding payments have been made to us; and
b) all reasonable costs and charges We incur in the recovery or attempted recovery of any overdue amount including mercantile agent fees, debt collection fees, commissions and all legal costs.
Please Note: If you have paid by Credit card or Debit 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. SAFETY OBLIGATIONS
During the Rental Period You must:
4.1 Take all reasonable care when driving, reversing and parking the vehicle to avoid any damage or third party loss
4.2 Ensure You and your passengers comply with all seatbelt and child restraint laws and ensure any child restraint has been fitted correctly, according to the age and height of the child and ensure the restraint is properly adjusted and fastened when in use.
4.3 Never use the Vehicle when it is damaged or unsafe.
4.4 Never drive the Vehicle in a deliberately careless, reckless or dangerous manner.
4.5 Not drive the Vehicle:
a) through any river, creek, ford, stream or tidal crossing.
b) through any flood waters or on flood prone roads at times which may prove unsafe.
c) on any road which the police or any statutory authority has closed or on which has issued a caution or warning.
4.6 Not use a mobile phone or GPS Unit in contravention of State or Federal law.
4.7 Not leave the scene of a road accident before the arrival of the police or a tow or salvage operator.
4.8 Not load the Vehicle past the manufacturers recommended weight or legally allowable mass
4.9 Always ensure that any item or load on the Vehicle is properly and safely secured.
5. DAMAGE COVER
Provided You act within the Terms and Conditions of this Agreement, the Company will grant damage cover (including legal costs incurred with our written consent) for your benefit in respect of damages to the hire vehicle or third party damage other than property owned by You (or any relative, friend, associate or passenger) or in your physical and legal control. This cover is subject to
a) Your payment (per incident) of the COLLISION DAMAGE/LOSS LIABILITY Fee (DLF) stated on Page 1.
b) Your not having acted or caused any other person to have acted in a manner which is in contravention of one or more material clauses of this Agreement, including any special conditions noted on Page 1.
c) Your not being covered under any policy or insurance.
d) Your providing such information and assistance necessary as may be requested and if necessary, authorising the Company and/or it’s Insurers to bring, defend or settle legal proceedings, but the Company/Insurer shall have sole conduct of the proceedings. Any such proceedings shall be brought or defended in Your name or the name of the Authorised Driver.
6. PROOF OF IDENTITY
We will accept an International License in English or with an official English translation where the holder has held the license for a minimum of two years.
All international licenses must be accompanied by a copy of Your passport.
We reserve the right to ask any customer for further proof of identity and/or place of residence
7.1 In the event of an accident the hirer shall NOT:
a) Make any admission of liability
b) Undertake any repairs or salvage without the Company’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or other property.
7.2 In the event of an accident the hirer SHALL:
a) Notify the Company of the full circumstances promptly and complete a Collision or Damage Report Form as soon as practical, but within a maximum of 24 hours.
b) Notify the State or Territory Police if the accident involves injury, dispute or significant damage to either vehicle.
c) Where possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, obtain a copy of the Police Report.
d) Where practical and safe to do so, obtain photos of the accident scene and the vehicles involved to assist in any claim..
7.3 Should an accident, where You are fully or partially at fault, render the Vehicle unfit to drive, the Company will make no refund for the unused hire period, (including any excess reduction payment if applicable).
7.4 The provision of a replacement vehicle shall be at the Company’s sole discretion.
7.5 The company shall not be responsible for transporting the hirer or any passengers away from the accident location.
7.6 In the event that the Company elects to offer the hirer an alternative vehicle, the vehicle shall be made available at a company branch and not delivered to the accident scene.
7.7 Where the Company agrees to provide a replacement vehicle, it also reserves the right to provide the vehicle subject to an ncreased Hirer’s Liability and/or decline to offer Excess Reduction Cover for the replacement vehicle.
7.8 You and all authorised drivers must not at any time admit liability for any loss, claim or demand and agree that if such an admission is made by You or an Authorised Driver then that is a material breach of the Contract.
7.9 You will deliver to the company immediately, every summons, complaint or paper in relation to any such loss or damage.
8.1 The Company has a policy of providing vehicles with a full tank of fuel; however acknowledges that that is not always practical.
8.2 Notwithstanding the above, the Vehicle must be returned with the amount of fuel equal to that at the time the rental commences.
8.3 If the Vehicle is returned with less fuel the difference will be charged at the fuel cost on the day plus a service charge.
8.4 The correct type and grade of fuel must be used in the Vehicle, as advised by Us.
8.5 You must pay Us for any and all damages or loss caused by inserting the wrong fuel type into the vehicle.
8.6 You must pay for fuel used for any delivery or collection service of the vehicle or the drivers of the Vehicle.
9. CLEANING CHARGES
9.1 If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or de-odorising, the Hirer is liable for the full cost of this cleaning and any consequent loss of use of the vehicle. These fees include, but are not limited to the cleaning of:
a) Excessive dirt, mud or sand on, under, or in the Vehicle
b) Cigarette/cigar smoke, smells or ash residue
c) Substances spilt on or making the paintwork, including bird or bat droppings
d) Removal of hair, odours and stains from animals in the Vehicle
e) Vomitus, urine, faeces or smells thereof
f) Fish and bait/or associated smells
g) Spillage of food or fluids such as milk, drinks, paints, oils or other substances
10. PROPERTY LEFT IN VEHICLE
10.1 Hirers and Authorised drivers are responsible for ensuring no private property is left in the Vehicle at the end of the Hire Period.
10.2 Unless the Company or a Company employee is negligent, the Company accepts no liability to any person for any loss or damage to any property left in the vehicle after its return; or stolen or lost during the rental.
10.3 You agree to release and hold harmless the Company, its agents and employees from all claims for loss or damage to your personal property during the Hire Period.
11. TERMINATION OF RENTAL
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 It is a condition of this Agreement that (excepting where you have entered into a commercial agreement) that all hire periods are pre-paid.
11.3 The Company reserves the right to require and You agree, that where an extended hire period, week by week, month by month or a long term hire agreement with progressive payments is entered into, the Account shall be in credit all times.
11.4 You accept that (excepting where you have entered into a commercial agreement) you have no lawful or contractual right to be in possession of or to use the Vehicle unless the hire for any day of use is agreed to by the Company and is pre-paid.
11.5 Continued possession of the Vehicle when not pre-paid is considered to be a material breach of the Contract/Agreement and grounds for immediate termination of the Contract by the Company. Once the Company has terminated the Contract under these conditions the Company considers You are in unlawful posession of the vehicle.
11.6 You understand and accept that where the Company is not able to contact You within 72 hours to arrange immediate payment of any arrears and return the vehicle, or make prepayment any agreed further extension of the hire, the Company will cancel / terminate the contract and You or any authorised or unauthorised driver may be considered to be in unlawful possession of the Vehicle.
11.7 You accept that in circumstances where the Company reasonably believes you are in unlawful possession of the Vehicle for any reason, the vehicle may be reported to the Police as stolen.
11.8 Where You are in arrears with progressive hire payments and do not make immediate restitution on demand from the Company, the Company reserves the right to use debt collectors to recover all outstanding fees and charges and use its staff or Mercantile Agents/Repossession Agents to recover the Vehicle.
12. GENERAL PROVISIONS
12.1 Except as provided by law, no driver or passengers in the vehicle shall be, or be deemed to be, an agent, servant or employee of the Company in any manner for any purpose whatsoever.
12.2 No right of the Company under this agreement may be waived except in writing by an officer of the Company.
12.3 All loss and damage per incident and each separate incident leading to loss or damage is subject to the Damage Liability Fee per incident.
12.4 You and each Authorised Driver agree to indemnify the Company from and against any or all claims, demands, actions, liabilities, expenses and costs (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.
12.5 You and/or the Authorised Driver(s) 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 to create any lien on the Vehicle for repairs.
12.6 You acknowledge that the Company has not in any way represented itself to You as an entity carrying on a business of insurance.
12.7 Neither You nor any other person shall interfere with or disable any security device fitted to or supplied with the vehicle
12.8 The hirer shall ensure that a copy of this Agreement kept in the Vehicle throughout the Hire Period and produced for inspection on demand from an enforcement officer.
12.9 The Hirer shall ensure that no person smokes in the Vehicle - sanitation fees apply.
12.10 To the extent permitted under Australian Law our liability is limited, at our option, to repair, replacement, or re-supply of the Vehicle for the remainder of Your Hire Period, or reimbursement of your Rental Charges.
12.11 This contract and these Terms and Conditions will be interpreted in accordance with and exclusively governed by the laws of the State of Queensland of the Commonwealth of Australia and the Queensland Courts.