This is an Agreement between the Hirer, Joint Hirer and/or Authorised
Driver (collectively referred to as ‘You’) and Premier
Car Rentals (‘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 a good and clean
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, 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 material breach of
any terms or conditions of this Agreement or if the Vehicle is illegally
parked, used in violation of the law or of this agreement, is apparently
abandoned, if the seal of the odometer is broken, or otherwise tampered
with. If the seal of the odometer is broken, the persons responsible
will be reported to the appropriate authority and You will be responsible
for not only an extra charge based on 500kms per day at 50 cents per
kilometre, but also for any cost of repairing or replacing the odometer.
You have a right to compensation from the Company where the Vehicle
is wrongly repossessed. If the vehicle is returned after business
hours (08:00am-05:30pm) your deposit may be held for a period of 24hrs
until a rental staff member is available to check the vehicle for
any damages.
NOTE: If there is to be any extension of the period
of hire beyond that stated in 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, intoxicating liquor or substance; |
| (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 3 years; |
| (g) |
A person who has held a driver’s
licence for the class of vehicle rented for less than 2 years; |
| (h) |
A person who uses or intends to use the
Vehicle for an illegal purpose; |
| (i) |
A person under the age of 23 or over the
age of 70. |
3. CIRCUMSTANCES WHERE THE VEHICLE MUST NOT BE USED
| (a) |
In any area outside the Area of Use shown
on Page 1; |
| (b) |
On any unsealed roads or off-road conditions
unless authorised by the Company in the Area of Use on Page
1; |
| (c) |
To carry any persons for hire or to carry
any inflammable, explosive or corrosive materials; |
| (d) |
For pushing or towing any vehicle, trailer,
boat or other objects unless the Company has authorised such
use in writing; |
| (e) |
To carry any load and/or number of persons
and/or use the Vehicle for a purpose exceeding that for which
the Vehicle was designed and constructed, or in contravention
of any State regulation; |
| (f) |
To carry any animal in the Vehicle unless
authorised in writing or noted on Page 1 in SPECIAL CONDITIONS; |
| (g) |
For racing, pacemaking, reliability trials,
speed trials, hill climbing or testing in preparation for those
activities; |
| (h) |
In a dangerous manner; |
| (i) |
In contravention of any legislation or
regulation controlling vehicular traffic or for any illegal
purpose, whether charged by the police in relation to the contravention
or not; |
| (j) |
Where the Vehicle is in an unsafe or unroadworthy
condition. |
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 you will
pay the Company on demand any balance) the following charges:
| (a) |
the rental charges specified on Page 1; |
| (b) |
all charges claimed by the Company in respect
of parking, the use of toll roads and/or any other traffic violations
incurred during the period of time or until such later time
as the Vehicle is returned to the Company; |
| (c) |
in the event you do not have your RACQ
key tag present and you require road side assistance you will
be held liable to pay a fee of $88.00 for RACQ’S call
out service, which will be payable to the driver immediately
through cash. |
| (d) |
all loss or damage to the Vehicle (including
the loss of 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 which has caused or contributed to the
loss or damage of the Vehicle; |
| (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 Collision
Damage / Loss 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 the ground or 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 under body of the Vehicle is
damaged regardless of cause except where such damage is
caused by 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 such damage is caused
by 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 to the manufacturer’s
specifications and type as specified on the front page
of this Agreement, 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 other than by normal wear and tear; |
| (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 used the Vehicle as an articulated
vehicle unless agreed to by the Company in SPECIAL CONDITIONS
on Page 1; |
| (xiv) |
The exterior of the Vehicle is damaged
regardless of cause except where such damage is caused
by a collision with another vehicle; |
| (xv) |
The interior of the vehicle is damaged
in any way, including by water, due to the convertible
roof (if any) being opened or left open. |
|
You will be notified of the exact amount owed with details of the
charges and upon authorisation the Company will debit the credit card
provided on Page 1 or any other credit card provided in payment of
the amount owed. If you do not dispute the amount owed within 14 days
of the Company notifying you, you irrevocably authorise the Company
to deduct the amount owed from the credit card/s just described.
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 a rate of 9%
per annum 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 act within the terms and conditions of the Agreement
and the policy issued by the Company’s insurer, You 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 not having breached any terms and conditions
of this Agreement; |
| (c) |
You not being covered under any policy
of insurance, and under any other policy of insurance; |
| (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. |
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 shall promptly report such incident
within 24 hours to the Company at the location where the Vehicle
was hired as well as delivering to the Company immediately upon
receipt by You every summons, complaint, claim or paper in relation
to such incident involving such loss or damage. You must also
report all incidents to the police or other proper authority; |
| (b) |
You 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, except where due to the Company’s
own negligence; |
| (c) |
You acknowledge that the Company relies
on the truth of your representations in this Agreement; |
| (d) |
You will not refuse or fail to take any
blood analysis or breath test requested by the police or as
required by law; |
| (e) |
Except as provided by law, no driver or
passengers in the Vehicle shall be, or be 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 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 at the Company’s election.
All other warranties, conditions and other obligations which
may be otherwise implied are expressly excluded in their entirety.
Under no circumstances is the Company liable to You for any
indirect, special, incidental or consequential damages relating
to this Agreement or any breach of 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; |
| (i) |
Notwithstanding any other provision of
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 or in relation to the provision of rental or other services
to You; |
| (j) |
You 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 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 any breach by You of this Agreement or 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 must not at any time admit liability
for any claim, loss or demand and agree that if such admission
is made by You 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,
then the difference will be charged at a rate which may include a
service component as specified on Page 1, unless prior arrangements
have been made and noted on Page |
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