This is an Agreement between the prospective hirer identified on the front of this agreement (you) and the Company identified on the front of this agreement (the Company) to rent the motor vehicle described on the front of this agreement including all accessories, tools, tyres and equipment and any replacement (the vehicle)
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 ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on the front of this agreement and on the date there specified (or sooner, if demanded by the company). The company may take possession of the vehicle without prior demand and 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 are responsible for extra charges based on 500 kilometres per day at 50c per kilometre.
Note: The Company must be notified and agree to any extension of the period of hire beyond that stated or on the front of this agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.
Person who must not drive the vehicle:
(a) A person who is not identified on the front of this agreement 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 whose blood alcohol concentration exceeds the lawful percentage
(d) A person who has given or for whom you have given a false name, age, address or driver licence details
(e) A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years.
(f) A person who has held a driver’s licence for less than two years.
(g) A person who is under 21 years of age
Circumstances in which and/or for which the vehicle must not be used:
(h) Outside the area of limitations shown on the agreement of this agreement.
(i) On unsealed roads or off road conditions unless authorised by us in writing or on the face of this agreement.
(j) To carry persons for hire or to carry any inflammable, explosive or corrosive materials unless authorised in writing by the Company.
(k) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised in writing by the Company.
(l) To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than for which it was designed and constructed.
(m) To carry any animal or pet in the vehicle unless authorised in writing or on the face of this agreement.
(n) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
(o) In a dangerous manner.
(p) In contravention of any legislation or regulation, controlling vehicular traffic or any illegal purpose.
Special note: Joint hirers and all drivers are jointly and severally responsible under this agreement.
YOU ARE RESPONSIBLE FOR ANY BY ENTERING INTO THE AGREEMENT ON FRONT YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES.
(a) All rental charges specified on the front of this agreement
(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 times 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 recovery, storage and company service charges where:
(i) any conditions of this agreement has been breached;
(ii) the vehicle is involved in a single vehicle accident unless the Company waives such loss to a single vehicle liability amount shown on the front of this agreement;
(iii) you have left the vehicle unlocked or left the keys in 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 cause when no other vehicle is involved;
(vi) the vehicle is totally or partially immersed in water regardless of cause;
(vii) the interior of the vehicle is damaged regardless of cause when no other vehicle is involved;
(viii) the tyres of the vehicle is damaged other than normal wear;
(ix) the vehicle is damaged by driving it under or into an object lower than the height of the vehicle
If you act within the terms and conditions of this agreement the company will grant damage cover (including legal costs incurred with our consent) for your benefit in respect of damages to the vehicle or third party damage other than any 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 damages/loss liability charge stated on the front of this agreement.
(b) Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions on the front of this agreement.
(c) Your not having acted or having caused any other person to have acted in any matter which is in contravention of this agreement including the special conditions on the front of this agreement.
(d) Your providing such information or assistance as may be requested and; if necessary, authorise the Company insurer to bring, defend or settle legal proceedings but the Company shall have sole conduct of the proceedings.
(a) You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while 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 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 prior, whether due to the Company’s negligence or otherwise.
(c) Except as provided by law no driver or passengers in the vehicle shall be deemed to be the agent, servant or employee in any manner for any purpose whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT ITS MERCHANTABILITY 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 this company.
(f) Words used in this agreement to denote any gender shall include all genders, singular words include the plural; and noted on the front of this agreement.
(g) All loss and damage 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 the time of rental. If the vehicle is returned with less fuel, the difference will be charged at a rate which may include a service component less prior arrangements have been made and noted on the front of this agreement.