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Here
is a typical car hire agreement. It is for
information purposes only and you should
read and understand the agreement of your
hire company.
RENTAL
TERMS AND CONDITIONS
This
is an Agreement between the
Hirer (“You”) and the Company
(“the Company”), identified
on Page 1, to rent the motor
vehicle (“the Vehicle”) described
on Page 1 including all its
accessories, tools, tyres and
equipment as well as any replacement
vehicle.
1.
Vehicle Condition and Return
You
acknowledge the Vehicle is delivered
to You in good operating condition
with the seal of the odometer
unbroken. You agree to return
the Vehicle in the same condition
(except for ordinary wear and
tear NOT INCLUDING WINDSCREEN
OR TYRE DAMAGE) together with
its tools, tyres, accessories
and equipment on the date and
place specified on Page 1 (or
sooner, if demanded by the Company).
The Company may take possession
of the Vehicle without prior
demand to You and at your expense
if there has been a breach of
any terms or conditions of this
Agreement or if the Vehicle
is illegally parked, used in
violation of the law or is apparently
abandoned.
If
the seal of the odometer is
broken, or otherwise tampered
with, You will be responsible
for not only an extra charge
based on 500 kms per day at
50c per kilometre, but also
for any cost of repairing or
replacing the odometer.
NOTE:
If there is to be any extension
of the period of hire beyond
that stated on Page 1, the Company
must be notified and it must
agree to such extension in writing,
otherwise the Vehicle will be
immediately reported to the
police as stolen.
2.
Persons who must not drive the
Vehicle
(a)
A person who is not identified
on Page 1 as either the Hirer,
Joint Hirer or Authorised Driver;
(b)
A person who is not licensed
to drive the hired class of
vehicle;
(c) A person whose
blood alcohol concentration
exceeds the lawful percentage
whilst driving the Vehicle;
(d)
A person who is driving the
Vehicle whilst under the influence
of a drug;
(e) A person who
has given or for whom You have
given a false name, age, address
or driver’s licence details;
(f)
A person whose driver’s licence
has been cancelled, endorsed
or suspended within the last
three years;
(g) A person
who has held a driver’s licence
for any class of vehicle for
less than two years;
(h)
A person who uses or intends
to use the Vehicle for an illegal
purpose.
3.
Circumstances where the Vehicle
must not be Used
(a)
Any area outside the Area of
Use shown on Page 1;
(b)
Any unsealed roads or off-road
conditions unless authorised
by the company in the Area of
Use on Page 1;
(c) The carriage
of any persons for hire or the
carriage of any inflammable,
explosive or corrosive materials;
(d)
Pushing or towing any vehicle,
trailer, boat or other object
unless the Company has authorised
such use in writing;
(e)
The carriage of any greater
load and/or persons and/or for
a purpose for which the Vehicle
was designed and constructed;
(f)
The carriage of any animal in
the Vehicle unless authorised
in writing or noted on Page
1 in SPECIAL CONDITIONS;
(g)
The use of the Vehicle for racing,
pacemaking, reliability trials,
speed trials, hill climbing
or being tested in preparation
for those activities;
(h)
The use of the Vehicle in a
dangerous manner;
(i) The
use of the Vehicle in contravention
of any legislation or regulation
controlling vehicular traffic.
4.
Obligations of the Hirer/Joint
Hirer/Authorised Driver
NOTE:
The Hirer/Joint Hirer and Authorised
Driver are jointly and severally
liable for compliance with the
terms and conditions of this
Agreement.
By
entering into this Agreement
You are responsible for and
irrevocably authorise the Company
to debit the credit card provided
on Page 1 or any other credit
card provided (and You will
pay the company on demand any
balance) with the following
charges:
(a)
The rental charges specified
on Page 1;
(b) All charges
claimed by the Company in respect
of parking and/or any other
traffic violations incurred
during the period of hire or
until such later time as the
Vehicle is returned to the Company;
(c)
All loss or damage to the Vehicle
(including the loss or use of
that Vehicle), legal expenses,
assessment fees, towing and
recovery, consequential third
party damage, storage and company
service charges where:
(i)
Any term or condition of this
Agreement has been breached;
(ii)
The Vehicle is involved in a
single vehicle incident unless
the Company waives such loss
to the Single Vehicle Incident
Liability amount shown on page
1 (which amount will apply in
addition to the Standard Liability
Charge noted on Page 1). A Single
Vehicle Incident is defined
as any incident where the Vehicle
suffers loss or damage as a
result of an impact with any
object whether animate or inanimate
except another vehicle which
can be fully identified and
details of which have been provided
by You or on your behalf to
the Company;
(iii) You have
left the Vehicle unlocked or
left the keys in the Vehicle;
(iv)
You have failed to keep the
key secure and under your personal
control;
(v) The underbody
of the Vehicle is damaged regardless
of cause except where there
is a collision with another
vehicle;
(vi) The Vehicle
is totally or partially immersed
in water regardless of the cause;
(vii)
The interior of the Vehicle
is damaged regardless of the
cause except where there is
a collision with another vehicle;
(viii)
The tyres of the Vehicle are
damaged other than by normal
wear and tear;
(ix) The Vehicle
or any third party property
is damaged by driving the Vehicle
under or into an object lower
than the height of the Vehicle;
(x)
You have failed to maintain
all fluid and fuel levels of
the Vehicle or failed to immediately
rectify or report to the Company
any defect in the Vehicle of
which you have become or ought
to have become aware;
(xi)
The Vehicle is damaged by loading
or unloading, normal wear and
tear excepted;
(xii) You
have failed to secure properly
any load or equipment which
leads to loss or damage caused
by any part of the load or equipment;
(xiii)
You use the Vehicle as an articulated
vehicle unless agreed to by
the Company in SPECIAL CONDITIONS
on Page 1;
(xiv) The exterior
of the motor vehicle is damaged
regardless of cause except where
there has been a collision with
another vehicle.
If
You have paid for the hire of
the Vehicle by use of a credit
card or directed the Company
to bill charges to some other
person, corporation, firm or
organisation who or which fails
to make payment when called
upon by the Company, You hereby
irrevocably accept that You
are liable and will immediately
pay the full amount due to the
Company on demand. The Company,
in addition, may charge You
interest at the rate of 18%
per annum calculated on a daily
basis on all outstanding accounts
or charges payable in accordance
with this Agreement, such interest
to be computed from the end
of the rental period.
5.
Damage Cover
Provided
You and/or the Authorised Driver
act within the terms and conditions
of this Agreement, You and/or
the Authorised Driver will receive
the benefit of the Company’s
insurance cover with its insurer
in respect of damage to the
Vehicle and/or damage to any
third party property other than
damage to any property owned
by You (including any friend/relative,
associate or passenger) in your
physical or legal control (cover
also includes your legal costs
incurred with the insurer’s
written consent). This cover
is also subject to:
(a)
You paying the COLLISION DAMAGE/LOSS
LIABILITY CHARGE on page 1;
(b)
You and/or the Authorised Driver
not having breached any terms
and conditions of this Agreement;
(c)
You and/or the Authorised Driver
not being covered under any
other policy of insurance; and
(d)
You providing such information
and assistance as may be requested
by the Company’s insurer or
anyone acting on behalf of the
Company’s Insurer.
If
cover is provided then the Company’s
insurer may bring, defend or
settle any legal proceedings
in its sole discretion and the
Company’s insurer shall have
the sole conduct of any proceedings.
Any such proceedings shall be
brought or defended in your
name or the name of the Authorised
Driver.
6.
General Provisions
(a)
If there is any incident involving
loss or damage to the Vehicle
or involving the Vehicle while
rented under this Agreement,
You and/or the Authorised Driver
shall promptly report such incident
to the Company at the location
where the Vehicle was hired
as well as delivering to the
Company immediately upon receipt
by You and/or the Authorised
Driver, every summons, complaint
or paper in relation to such
incident involving such loss
or damage. You and/or the Authorised
Driver must also report all
incidents to the police or other
proper authority;
(b)
You and/or the Authorised Driver
irrevocably release and hold
harmless the Company (and its
agents and employees) from all
claims for loss or damage to
your personal property, or that
of any other person’s property
left in the vehicle, or which
is received, handled or stored
by the Company at any time before,
during or after the rental period,
whether due to the Company’s
negligence or otherwise;
(c)
You and/or the Authorised Driver
acknowledge that the Company
relies on the truth of your/the
Authorised Driver’s representations
in this Agreement;
(d)
You and/or the Authorised Driver
will not refuse or fail to take
any blood analysis or breath
test requested by the police;
(e)
Except as provided by law, no
driver or passengers in the
Vehicle shall be or deemed to
be the agent, servant or employee
of the Company in any manner
for any purpose whatsoever;
(f)
The Company gives no express
warranty in relation to the
motor 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 Company
is permitted to limit its liability
under those statutes for breach
of an implied condition or warranty
the Company limits its liability
to replacement, repair or resupply
of the Vehicle. All other warranties,
conditions and other obligations
which may be otherwise implied
are expressly excluded in their
entirety. The Company is not
liable to You and/or the Authorised
Driver for any indirect, special,
incidental or consequential
damages relating to this Agreement;
(g)
No right of the Company under
this Agreement can be waived
except by writing of an authorised
officer of the Company;
(h)
Words used in this Agreement
to denote any gender shall include
all genders, singular words
including the plural, and noted
on Page 1;
(i)
Notwithstanding any other provision
in this Agreement, a goods and
services tax (GST) or any similar
tax, stamp duty or any other
tax, duty, surcharge, levy or
fee (“charges”) imposed by Local,
State or Federal Government
that is charged and collected
by the Company is imposed anywhere
in Australia and has application
to any supply or use made under
or in connection with this Agreement
or in relation to the use or
the likely use of any roads,
facilities or other infrastructure
by You and/or the Authorised
Driver or in relation to the
provision of rental or other
services to You or the Authorised
Driver:
The
Company may in addition to the
rate, price or any other amount
or consideration quoted or expressed
as payable elsewhere in this
Agreement, recover from You
and/or the Authorised Driver
an additional amount on account
of the charge. Any additional
amount on account of the charge
shall be calculated without
any deduction or set-off of
any other amount and is payable
to the Company upon demand.
(j)
You and/or the Authorised Driver
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 create any lien
on the Vehicle for repairs;
(k)
You and/or the Authorised Driver
agree to indemnify the Company
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 Company as a consequence
of the failure for whatever
reason of the due and punctual
performance of your obligations
under this Agreement;
(l)
You acknowledge that the Company
has not in any way represented
itself to You as an entity carrying
on the business of insurance;
(m)
You and/or the Authorised Driver
must not at any time admit liability
for any claim, loss or demand
and agree that if such admission
is made by You and/or the Authorised
Driver then that is a breach
of this Agreement.
7.
Fuel
The
Vehicle must be returned with
the amount of fuel equal to
that at the time of the rental.
If the Vehicle is returned with
less fuel the difference will
be charged at a rate which may
include a service component
unless prior arrangements have
been made and noted on Page
1.
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