Terms & Conditions

Terms & Conditions

1. In this agreement the following expressions shall mean the following:

• a. The "Owner" shall mean the name of the Rental Company or Firm, its licensees or agents as indicated on the face of this agreement.
• b. The "Renter" includes any person or persons who sign this agreement and any person whose agent signs the agreement or any person who signs as a co-driver.
• c. The "vehicle" means the vehicle described overleaf or any other replacement provided to the Renter by the Owner.
• d. "Damage to the vehicle" includes loss of and all damage to the vehicle, its tyres, tools and accessories and any costs incurred by the Owner in connection with the loss or damage.
• e. The "excess" means the amount nominated on the Rental Agreement and applies subject to all property damage regardless of causation. This amount is payable in each and every event.
• f. The "Insurance" means the policy of insurance arranged by the Owner and applies subject to the conditions contained herein.
• g. "Person" shall include Corporation.
• h. "Single Vehicle Accident" is defined as any incident not involving impact with another independent vehicle, or whereas the full details of the other vehicle and the driver cannot be produced.

2. The Renter warrants that he is over the age of 21 years and holds a current driver's licence applicable to the vehicle rented in this agreement.

3. The Renter warrants that the particulars overleaf are correct and acknowledges that the Owner relies on the truth of these representations.

4. Subject to the conditions herein the Renter is entitled to hold the vehicle for the rental period and any authorised extension thereof and at the end of such period to return the vehicle on the time and date and place specified overleaf.

5. The Renter agrees to pay the Owner on demand all charges or excesses as specified in the Rates Payable Schedule overleaf together with any charges or excesses that form part of this agreement and its conditions.

6. The Renter hereby authorises the Owner to process any charges due under this agreement against the Renter's credit card as held as security against the rental and without limiting the generality of same, the authorisation shall include the right to draw on the Renter's credit accommodation to pay for the hire charges until the vehicle is returned, repairing and restoring the vehicle to its condition prior to hiring and for payment of parking offences which may be directed to the Owner, fuel and towing charges and repossession charges including the cost of returning the vehicle to the address stipulated in the agreement.

7. The Renter agrees:

• (a) That no persons are authorised to drive or be in control of the rental vehicle other than those stated on the face of this agreement without the consent of the Owner and such consent be noted on the agreement.
• (b) To report any damage to the Owner of any accident involving the vehicle within a time period of 4 hours and to complete an Owners Accident Report as soon as reasonably possible. Failure to report any accident or damage within the time herein will result in cancellation of insurance cover.
• (c) To drive and maintain the vehicle in a responsible and prudent manner and to return it in a clean and roadworthy condition, fair wear and tear excepted.
• (d) Not to use the vehicle for any illegal purpose or in any race or speed test or in contravention of any law concerning the use of motor vehicles, or when the vehicle is in any way damaged rendering it unsafe.
• (e) Not to drive the vehicle under the influence of alcohol or drugs with a blood alcohol level as indicated by analysis of the driver's breath or blood in excess of that permitted by the law applicable to the place in which the vehicle is driven.
• (f) Not to use the vehicle for the conveyance of passengers for reward or payment of any kind.
• (g) Not to use the vehicle to carry any volatile liquids, gases, explosives or flammable materials.
• (h) Not to use the vehicle on any roads other than properly constructed and sealed public roads, or routes closed to general traffic including snow and ice cover, beaches, streams or flood waters.
• (i) To pay and be responsible for any fines for offences committed by the Renter and reimburse the Owner any costs associated with the collection of such fines should the Renter fail to pay before returning the vehicle and the Owner shall be at liberty to draw upon the Renter's credit accommodation to cover such costs including Administration Fees.
• (j) To reimburse the Owner for any loss (including legal costs) incurred relating to a breach of the Renter's obligations and to indemnify the Owner against any liability arising out of a breach of the Renter's obligations and the Owner shall be at liberty to draw upon the Renter's credit accommodation to cover such costs.
• (k) If the vehicle is not returned to the Owner within 24 hours of the date and time stipulated in the agreement, the vehicle will be reported as stolen and the full excess will be charged to the Renter.
• (l) That any damage or loss resulting from any event in which the Renter is charged by the police for negligence or traffic violations shall be deemed as a breach of the rental agreement and the Renter shall therefore be held responsible for such loss or damage.
• (m) That undercarriage, overhead and reversing damage is at the Renters expense.
• (n) Not to smoke or allow smoking in the vehicle. Any evidence of smoke or offensive odours will incur a cleaning or deodorising charge.
• (o) To maintain oil and water levels, and tyre pressures of the vehicle.
• (p) If returning the vehicle outside normal opening hours of the respective branch, the Renter is responsible for loss or damage to the vehicle until such time the branch re-opens for business.

8. In the event of damage to the vehicle arising from the Renter's use or possession:

• (a) The Renter must advise the Owner as specified above in clause 7(b).
• (b) The Renter shall provide to the Owner all particulars of the accident including vehicle details, names, addresses and insurer of any third party as well as vehicle damage to all vehicles involved. In the case where damage renders the vehicle un-roadworthy or unsafe to drive, or likely to cause mechanical damage, the vehicle must not be driven. Further damage as result of driving the vehicle after being damaged will result in the Renter being charged for repairs.
• (c) If the Renter has breached the agreement he shall not be able to claim on insurance and shall be liable to the Owner for all damage to the vehicle and to third party property however caused.
• (d) Where the Renter is more than one person the liability shall be joint and several.
• (e) The Owner shall not be under any responsibility to replace the vehicle for the unused portion of the rental period and shall have no obligation to refund any portion of the rental monies paid if in the opinion of the Owner the damage caused was the result of driver negligence or default.
• (f) The Renter shall pay to the Owner the amount of any excess as stated as part of the agreement.
• (g) In the event of an accident the Renter is liable for towing expenses to the return location as specified on the rental agreement.
• (h) The full excess is payable immediately the Owner is notified of damage, irrespective of final amount. Where damage cost is less than excess payable, an adjustment to include the period the vehicle is not available for rent.
• (i) Insurance does not extend to stolen vehicles if the renter has left the vehicle unsecured or unable to produce the keys.
• (j) You and/or the Authorised Driver agree that personal data/information provided may be used and retained by the company for credit checking, overdue payments, debt collector agency, solicitors, police, law and/or government. The company reserves the right to track/locate the vehicle via tracking devices installed and may be
• (j) You and/or the Authorised Driver agree that personal data/information provided may be used and retained by the company for credit checking, overdue payments, debt collector agency, solicitors, police, law and/or government. The company reserves the right to track/locate the vehicle via tracking devices installed and may be used against you, by the police or law authorities.

9. The Owner may at any time for any reason retake possession of the vehicle.

10. The Owner shall not be liable for any loss or damage suffered by the Renter or any person arising out of the use or operation of the vehicle including that caused by the negligence or default of the Owner but not including defects in the Owner's title, save and except for either the replacement of the vehicle or the payment to the Renter of the cost of obtaining a replacement vehicle.

11. The Owner shall not be responsible for any property stolen from the vehicle or damaged while in the vehicle or left in the vehicle after return to the Owner.

12. The Renter agrees that the vehicle shall not at any time be used for the purpose of towing.

13. Should the vehicle be returned in a dirty state, the Renter accepts that a cleaning charge will be made at the discretion of the Owner and the cost of the same shall be chargeable to the Renter's credit accommodation.

14. No refund or credit will be issued for early returns. Late returns are charged at $15 per hour or as stipulated on the front of this Agreement.

15. All charges relating to this agreement are subject to final audit and any errors or omissions will be adjusted with appropriate charge/refund applied to the Renter's or cardholder's credit card.