Dunsborough Car Rentals
Rental Agreement - Terms & 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 & Return
You acknowledge the Vehicle is delivered to you in good operating condition. 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 and 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 terms and conditions of this Agreement or if the vehicle has been illegally parked, used in violation of the law or is apparently abandoned.
Note If there is to be any extension of the period of hire beyond that stated on page 1, the company must be notified to such extension in writing, otherwise the vehicle will be immediately reported to police as stolen.
2. Persons who must NOT drive the vehicle
- A person not identified on page 1 as either Hirer, Joint Hirer or Authorized Driver;
- A person who is not licensed to drive the hired class of Vehicle;
- A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the vehicle;
- A person who is driving the vehicle under the influence of a drug;
- A person who has given or for whom You have given a false name, age, address or drivers license details
- A person whose drivers license has been cancelled, endorsed or suspended within the last 3 years
- A person who has held a drivers license for any class of Vehicle for less than 2 years;
- A person who uses or intends to use the Vehicle for an illegal purpose;
- Persons less than 21 years of age or older than 75 years of age
3. Circumstances where the vehicle may not be used
- Any area outside the Area of Use shown on page 1;
- Any unsealed roads or offroad conditions unless authorized by the Company in the Area of Use on page 1;
- The carriage of any persons for the hire or for the carriage of any inflammable, explosive or corrosive materials;
- Pushing or towing any Vehicle, trailer ,boat or any other object unless the Company has authorized such use in writing
- The carriage of greater loads and/or persons and/or for the purpose for which the Vehicle was designed and constructed.
- The carriage of any animal in the vehicle unless authorized in writing or noted on Page 1 in SPECIAL CONDITIONS;
- The use of the Vehicle for racing, peacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for these activities;
- The use of the vehicle in a dangerous manner;
- 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 authorize the Company to debit the credit card provided on page 1 or any other credit card provided with the following charges:
- the rental charges specified on page 1
- All the charges claimed by the company in respect of parking and/or any other traffic violations incurred during the period of hire or until such late time as the Vehicle is returned to the Company
- All loss or damage to the vehicle, legal expenses assessment fees, towing and recovery, consequential third party damage, storage and company service charges where:
- Any terms or conditions of this Agreement has been breached
- The vehicle is involved in a single vehicle incident unless the Company waives such a loss to the Single Vehicle Incident Liability amount shown onto 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 resulting in the loss of or damage to the Vehicle not caused as a result of impact with another vehicle which can be fully identified and the details of which have been provided by you or on your behalf to the company:
- You have left the Vehicle unlocked or left keys in the Vehicle:
- You have failed to keep the key secure and under your personal control:
- The underbody of the vehicle is damaged regardless of cause except where there is a collision with another vehicle:
- The vehicle is totally or partially immersed in water regardless of the cause:
- The interior of the vehicle is damaged regardless of cause except where there is a collision with another Vehicle
- The tyres of the vehicle are damaged other than by normal wear and tear
- The Vehicle or any third party is damaged by driving the vehicle under or into an object lower than the height of the vehicle
- You have failed to maintain all the fluid or failed to immediately notify the company or rectify any fault you have become or ought to have become aware:
- The vehicle is damaged by loading or unloading, normal wear and tear accepted:
- The exterior of the motor vehicle has been 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 the charges to some other person, corporation, firm or organization 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 full benefit of the company's insurance cover with its insurer with its insurer in respect of damage to the vehicle and/or damage to any third party property other than damage to property owned by you(including any friend/ relative , associate or passenger) in your physical or legal control(cover also covers your legal cost incurred with the insurers written consent).This cover is also subject to:
- You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on Page l)(within 7 Days of incident)
- You and /or the Authorised Driver not having breached any terms and conditions of this Agreement
- You and/or the Authorised Driver not being covered under any other policy of insurance and You providing such information and assistance as may be requested by the company's insurer or anyone acting on behalf of the Company and/or the Company's Insurer. If cover is provided then the company or its insurer, may bring, defend or settle any legal proceedings in its sole discretion and the company's insurer shall have the sole conduct over proceedings. Any such proceeding shall be brought or defended in your name or the name of the Authorised Driver.
6. General Provisions
- 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 Authorized 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 Authorized Driver, every summons compliant or paper in relation to such incident involving such loss or damage. You and/or the Authorized Driver must also report all incidents to the police or other proper authority (within 24 hours of incident):
- You and/or the Authorized 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 companies negligence or otherwise;
- You and/or the Authorized Driver acknowledge that the Company relies on the truth of your/the Authorised Drivers representations in this agreement;
- You and/or the Authorized Driver will not refuse or fail to take any blood analysis or breath test as required by police
- Except as provided by law, no driver or passengers in the Vehicle shall be deemed to be the agent, servant or employee of the Company in any manner for any purpose whatsoever;
- The Company gives no express warranty in relation to the motor vehicle. Certain conditions and warranties are implied by the 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 re-supply 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:
- No right of the Company under this Agreement can be waived except by writing of an authorized officer of the Company
- Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, and noted on Page l;
- You and /or the Authorised Driver acknowledges 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 lieu on the vehicle for repairs;
- 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;
- You acknowledge that the Company has not in any way represented to You as an entity carrying on the business of insurance;
- You and/or the Authorised Driver must not at any time admit liability for any claims, loss or demand and agree that if such an admission is made by You and/or the Authorised Driver then that is a breach of this Agreement.
The Vehicle must be returned with the amount of fuel equal to that at the time of rental. If the Vehicle is returned with less fuel, the difference will be charged at a rate that may include a service component unless prior arrangement has been made and noted on Page 1. Any excess fuel will not be purchased from the customer.