Rental Vehicle Agreement Terms And Conditions
 

The terms and conditions set out below together with the front page of the Rental Agreement form part of the Contract (Entire Rental Agreement) between the Hirer and City Car Rentals Pty Ltd referred as the CCR. The Hirer means the person/company named in the front page of the Rental Agreement as the Hirer AND any person/company who provides a Credit Card Authority to CCR. Any reference to the Rental Agreement means the front page of the Rental Agreement together with the Terms and Conditions of Rental.

This is an Agreement between the hirer and CCR to rent a motor vehicle including all accessories, tools, tires and equipment and any replacement vehicle (the vehicle).

The rental bond is $500 if the $35 per day Travel Insurance is selected, $2750 if the Travel Insurance is not selected.

1. VEHICLE CONDITION AND RETURN

The vehicle is delivered to you in good operating condition and 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 WIND SCREEN, TYRE. OR OVERHEAD DAMAGE) together with all tools, tires, accessories and equipment to the location and on the date there specified (or sooner, If demanded by CCR). CCR may take possession of the, vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. If the seal of the odometer is broken the persons responsible will be reported to the appropriate authority and you are responsible for extra charges based on 150 kilometers per day at 35cents per kilometer. Note, CCR must be notified and agree to any extension of the period of hire beyond this agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.

2. UNAUTHORISED AND PROHIBITED USE

Persons who must not drive the vehicle
a) A person who is not identified or has not been identified in writing to the Company or approved by the Company in writing and has not attained the age of 25 years. Unless prior written approval by the company
b) A person who is not licensed for the class of vehicle.
c) A person whose blood alcohol concentration exceeds the lawful percentage.
d) A person who has given or for whom you have given a false name, age, address or drivers license details.
e) A person whose driver's license has been cancelled endorsed or suspended within the last three years.
f) A person who has held a driver's license for less than two years, Circumstances in which and/or for which the vehicle must not be used.
g) Outside the area of use limitations.
h) On unsealed roads or off road conditions unless authorized by us in writing or on the face of this agreement.
i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
j) To propel or tow any vehicle, trailer, boat or other object unless the company has authorized such use in writing.
k) To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than for which it was designed and constructed.
l) To carry any animal or pet in the vehicle unless authorized in writing or on the face of this agreement.
m) For racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
n) In a dangerous manner.
o) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

3. FINANCIAL OBLIGATIONS

Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement. At the beginning and throughout the course of the rental you must have sufficient funds available on your credit/debit card to pay all of the rental charges. YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT YOU AUTHORISE CCR TO DEBIT THE CREDIT/DEBIT CARD PROVIDED OR ANY OTHER CREDIT/DEBIT CARD PROVIDED (and you will pay on demand any balance) WITH ALL AMOUNTS DUE TO US UNDER THE RENTAL AGREEMENT INCLUDING THE FOLLOWING CHARGES:

a) all rental charges specified on the Rental Agreement
b) until such later time as the vehicle is returned to CCR. An administration charge of $30 will be made for each and every parking or traffic violation
c) an administration fee of $50 together with a debt collection agency?s fee of 10% for the collection of any unpaid money by a debt collection agency
d) all tariffs, levies, tolls, fines, infringement, penalties, parking costs, clamping, towing, release from compounds and court costs as a result of the use of the vehicle. Each of these charges may include an additional service/administration charge of $ 30.00 per item
e) All loss or damage to the motor vehicle (including loss of use) legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and CCR service charges where
i. any condition of this agreement, and in particular Condition 2, or any special conditions have been breached;
ii. the vehicle is involved in a single vehicle Incident (or not under the control of an authorized hirer at the time of loss) unless CCR waives such loss to a single vehicle incident liability amount shown (which amount will apply in addition to the standard liability charge noted on the Rental Agreement). A single vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle, which can be fully identified, and all details provided.
iii. You have left the vehicle unlocked or left the keys in the vehicle,
iv. You have not kept the key secure and under your personal control,
v. The under body of the vehicle is damaged regardless of cause when no other vehicle is involved,
vi. The tiers of the vehicle are damaged other than by normal wear,
vii. The vehicle or any third party property is damaged by driving it under or into an object lower than the height of the vehicle.
viii.You have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware;
ix. The vehicle is damaged by loading or unloading, other than normal wear
x. Your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment. Special note, if you have paid by use of a credit card or directed the company to bill charges to some other person, corporation firm or organization who or which fails to make payment when due, you will immediately pay the full amount due to the company on demand AND You acknowledge and irrevocably authorize us to charge your credit/debit card at the beginning of the rental and ay any time during the rental with all amount due to us under the rental agreement.

4. GENERAL PROVISIONS

a) You will promptly report any incident involving loss of damage to the vehicle or loss involving the vehicle while rented under this agreement to the company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub paragraph does not excuse the hirer from reporting all incidents to police or other proper authorities.
b) you release and hold harmless the Company (and its agents and employees) from all claims for loss or damages 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 this rental period, whether due to the Company's negligence or otherwise,
c) Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever
d) The company gives no express or implied warranty except those by the Trade Practices Act 1974 or any other law as to the condition of the vehicle, but nothing herein restricts you from your rights and remedies under those laws Where, those laws permit the company to limit liability for breach of implied condition or warranty, the company limits liability to replacement, repair or re supply. In particular, the company is not liable for any indirect or consequential loss or damages.
e) No right of the Company under this agreement may be waived except in writing by an officer of the company,
f) Words used in this agreement to denote any gender shall include all genders, singular words include the plural, and noted in the Rental Agreement.

5a. FUEL The vehicle must be returned FULL 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/administration charge of $15 unless prior arrangements have been made and noted in the Rental Agreement.

I HAVE READ AND UNDERSTOOD THIS PAGE AND OTHER CONDITIONS ON PAGE I SIGNED IT BEFORE MAKING ANY AGREEMENT TO HIRE ANY VEHICLE

5. SUBROGATION

a) CCR (in our own name or through our employees, agents or solicitors) are entitled to our benefit to exercise in your name any rights, remedies or orders that you have against anyone else in relation to any
i. Costs and charges, including but limited to car hire
ii. Damage to property
iii. Interest, fees and charges
iv. Legal proceedings
v. Recovery or sale of debt
b) At the request of CCR you must provide information and assistance to us (or a party nominated by us) to take legal action, enforce any rights, remedies and claims that we may choose to exercise