An agreement made between the Owner and the Hirer whose particulars are entered on the rental agreement. It is agreed as follows:
1. Vehicle Description
1.1. The owner will let and the hirer will take on hire of the motor vehicle described in the rental agreement, hereinafter referred to as the vehicle.
2. Rental Duration
2.1. The term of hire shall be for the period as described in the rental agreement.
2.2. When a vehicle is left at any place other than the branch location then termination shall be when the vehicle inspection shall occur at the time of the collection by the vehicle owner. The hirer will be responsible for the vehicle up until this time of termination, inspection, and collection.
2.3. Should the hirer wish to terminate the hire before the stated date and time, there is NO OBLIGATION by the vehicle owner to provide a refund for the balance of the hire period. A refund may be provided in the event of "extenuating circumstances or on compassionate grounds". Any refund or amendment to the hire rate is at the sole discretion of the owner.
3. Drivers Licences
3.1. The vehicle may be driven during the period of hire only by the hirer and named persons noted on the rental agreement.
3.2. Drivers must be over 21 years of age and must hold a full Drivers Licence (provisional or learners are not accepted). An Overseas or International Drivers Licence must be appropriate for the vehicle class at the time of hiring and driving the vehicle. All Drivers with a non-English Drivers Licence must hold an International Drivers License or an English-translated license.
3.3. Consent is given to the owner to check validity and currency of any drivers licence used in connection with this agreement.
4.1. The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire, a hire charge at the rate referred to in the rental agreement.
4.2. The hirer acknowledges they shall be responsible for all costs relating to collection of any outstanding charges in relation to this agreement.
4.3. The hirer authorises the vehicle owner to charge all monies payable to it under the Rental Agreement to the hirers credit card or to any other credit card that may be provided to the rental owner. We accept Visa Credit Card & Mastercard Credit Card for payment and as security for the rental agreement. If using a debit card or cash we require an amount equal to the selected damage liability to be paid as a bond which is refunded on return of vehicle in undamaged condition subject to a final inspection. All rental payments for the vehicle must be paid in advance.
4.4. The owner will pay any refund (if applicable) due to the hirer by such method as the vehicle owner may choose.
4.5. In addition to the payment referred to in clause 4 of this agreement the hirer shall pay to the owner the insurance charge at the rate referred to in the rental agreement, for the insurance cover set out in clause 6 of this agreement.
4.6. In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner on termination of the hire a distance charge at the rate referred to in the rental agreement.
4.7. The hirer shall pay for all petrol or other fuel used in the vehicle during the period of hire. The vehicle will be supplied with a full tank of fuel and if returned with less than a full tank the owner will top up the fuel at the owners fuel provider at the hirers cost. An administration fee of $30 will be added. The hirer agrees and allows the owner to take this fuel cost and administration fee from any cash bond or credit card that is used as security under the hire agreement.
4.8. Any sum received by the owner from or on behalf of the hirer at or before the commencement of this Agreement shall be held by the owner as security for the return of the vehicle and as security for payment of any sums owed by the hirer to the owner on the termination of this Agreement. Upon the termination of the Agreement the owner shall be entitled to apply any sum so held in payment of all amounts owed by the hirer under the Agreement and any balance shall be refunded to the hirer.
5. Hirer's Obligations
5.1. General Maintenance
The hirer shall ensure that:
5.1.1. The water in the radiator and battery of the vehicle is maintained at the proper level;
5.1.2. The oil in the vehicle is maintained at the proper level;
5.1.3. The tyres are maintained at their proper pressure and above the minimum tread level. Tyres and punctures are the responsibility of the hirer.
5.2. Vehicle Parking - All reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use;
5.3. Fines or Fees - The hirer shall also be liable for any parking, traffic infringement and offences, road tolls, impoundment, towage and storage fees and associated costs and will supply relevant details as required by the Police and/or the owner relating to any such parking or traffic infringement and offences, road tolls, impoundment, towage and storage;
5.4. E-Tolls - All toll roads, tunnels and bridges in Queensland are automated. The E-toll is paid by the Owner in real time and the Hirer authorised the Owner to deduct this amount, including any penalties and administration costs applied, from any credit card, cash or Bond that is used as security under the hire agreement.
5.5. GPS Navigation Units and Street Directories
5.5.1. GPS Navigation units are available at a cost as set out in the hire agreement. In the event of loss or damage to the GPS Navigation unit the full replacement cost of $175 will be charged. The hirer allows the owner to take this administration fee from any cash bond or credit card that is used as security under the hire agreement.
5.5.2. A Street Directory covering either Brisbane,Gold Coast or Sunshine Coast is available free of charge. If the Street Directory is not returned with the vehicle a $35 replacement fee will be charged. The hirer allows the owner to take this administration fee from any cash bond or credit card that is used as security under the hire agreement.
5.6. Child Restraints - Booster seats and baby seats are available at a cost as set out in the hire agreement. In the event of loss or damage to any booster seat, baby seats the full replacement cost will be charged. The hirer allows the owner to take this fee from any cash bond or credit card that is used as security under the hire agreement.
5.6.1. Where the owner supplies a baby / booster seat and assists with installation, responsibility remains with the hirer as to the correct fitment.
5.7. Animals - No animals are to be carried in any vehicle.
6.1. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $10,000,000 in respect of any liability he might have for damage to any property (including injury to any animal) belonging to any other persons and arising out of the use of the vehicle.
6.2. Exclusions: The indemnities referred to above shall not apply where the damage, injury or loss arises when:
6.2.1. The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle;
6.2.2. The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
6.2.3. The vehicle is operated in any race, speed test, pace notes, rally, or contest, or on any closed road or non-public roadway;
6.2.4. The hirer is not a body corporate or department of State and the vehicle is driven by any person other than the hirer and any other person named on the front of this agreement;
6.2.5. The vehicle is driven by any person who at the time when he drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle;
6.2.6. The vehicle is wilfully or recklessly damaged by the hirer or any person named on the rental agreement, or driving the vehicle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person;
6.2.7. In the event the hirer or nominated driver is charged with an infringement as a result of an accident the hirer liability shall be no less than the original standard excess;
6.2.8. The vehicle is operated on any unsealed roadway; or is submerged in water, including crossing of fords, creeks, streams, rivers, or seaways via ferries.
6.2.9. The vehicle including its accessories is damaged due to incorrect fitting of snow chains, ski or snowboards and bicycle carriers;
6.2.10. The vehicle is operated outside the term of the hire or any agreed extension of that term;
6.3. It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The hirer acknowledges that he is aware of the above exclusions, by his signature on the front of this agreement.
6.4. The Hirer agrees that where this Agreement is entered into for the purposes of a business then the Trade Practices Act 1974 shall not apply to the vehicle hireage arrangement and subject to the expressly stated provisions of this Agreement, the owner shall not be liable for any consequential loss or any other indirect loss arising from the hire of the vehicle.
6.5. Subject to subparagraph (a) hereof, nothing in this Agreement limits or restricts any other statutory right or remedy available to the Hirer under the Trade Practices Act 1974.
7. Hirer's Liability
The hirer acknowledges that he is liable for damages or loss to the extent indicated under the heading 'Hirer's Liability' on the front of this Agreement. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle with the exception of theft or attempted theft of property from the vehicle with the exception of theft or attempted theft of property from the vehicle.
N.B. The excess applied shall be for each and every claim. Window glass damage or breakage also carries an excess. Such amounts will be collected as part of total amount due under this agreement.
8. Rejection of Insurance
If insurance is rejected the hirer accepts by his/her signature on the front of this Agreement that the vehicle is hired to him/her at his own risk in respect of loss of or damage to the vehicle and consequential loss by the owner. The hirer by his/her signature on the front of this agreement accepts that he/she may be liable to the owner for any loss of or damage to the vehicle and consequential loss. If insurance is rejected the hirer accepts by his signature on the rental agreement that he has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
The Hirer is to supply proof and currency of policy, and payment of the same, where he/she has nominated their own insurance for cover.
9. Owners Obligations
9.1. The owner shall supply the vehicle in a safe and roadworthy condition;
9.2. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer.
N.B. By virtue of clause 4.7 of this agreement, the cost of petrol and other fuel used during the term of the hire is the responsibility of the hirer.
10. Mechanical Repairs and Accidents
10.1. If the vehicle is damaged or requires repair or salvage, whether because of any accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone, facsimile, email or telegram as soon as practicable
10.2. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
10.3. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
11. Use of Vehicle
The hirer shall not
11.1. Take the vehicle outside a radius of 500 kilometres from the place at which it was hired unless approved by the owner;
11.2. Use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed.
11.3. Sublet or hire the vehicle to any other person;
11.4. Permit the vehicle to be operated without his authority and then only by an authorised driver named on the front of this Agreement;
11.5. Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drugs;
11.6. Operate the vehicle or permit it to be operated in any race, speed test, pace notes, rally, or contest, or on any closed road or non-public roadway;
11.7. Operate the vehicle or permit it to be operated to propel or tow any other vehicle;
11.8. Operate the vehicle or permit it to be operated in breach any Act, regulations, or bylaws relating to road traffic;
11.9. Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;
11.10. Drive or permit the vehicle to be driven by any person if at the time of his driving the vehicle the hirer or other person is not the holder of current driver's licence appropriate for the vehicle.
11.11. Take the vehicle outside of the hire area specified on the front of this agreement;
11.12. No smoking in any vehicle, nor allow any passenger to smoke in the vehicle. A minimum cleaning and deodorising fee of $250 will be charged should the hirer or passengers smoke in the vehicle. All vehicles are “Smoke Free”. The hirer allows the owner to take this administration fee from any cash bond or credit card that is used as security under the hire agreement.
12. Return of the Vehicle
12.1. A relocation fee will be applicable to any vehicle being left at any other agent or business address or any other place other than the address from which the vehicle was hired and all charges to reposition the vehicle to its original business address shall be chargeable, and, or any hire shorter than the specified return date may have its daily rate adjusted according to the length of hire - this will be done at the discretion of the owner/operator.
12.2. The hirer shall return the vehicle in the same clean and tidy condition at the expiry of the term of hire or a surcharge for cleaning of $100 - $350 may be imposed upon the hirer for such cleaning. The hirer allows the owner to take this fee from any cash bond or credit card that is used as security under the hire agreement.
12.3. When a vehicle is left at any other place than the branch location then termination shall be when the vehicle inspection shall occur at the time of collection. The hirer will be responsible for the vehicle up until this time of termination, inspection, and collection.
13. Immediate return of Vehicle where default or damage
The owner shall have the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this Agreement, or if the vehicle is damaged. The termination of the hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Agreement or otherwise.