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Rental
Agreement Terms and Conditions
(Effective 20 June 2003) Last updated 02 March 2007
This is an agreement between the prospective hirer identified on the
booking form (you) and SUPERCAR EXPERIENCES AUSTRALIA (the Company)
to rent the motor vehicle described on the booking form including
all accessories, tools and equipment and any replacement vehicle
(the vehicle).
1.
VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition and with
the seal on the odometer unbroken. You agree to return the vehicle
in the same condition (except for fair wear and tear NOT INCLUDING
WINDSCREEN OR TYRE DAMAGE) together with all tools, tyres,
accessories and equipment to the location specified on the booking
form and on the date specified (or sooner if demanded by the
Company). The Company 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 apropriate authority and you are
responsible for extra charges baseed on 500 kilometres per day at
50c per kilometre.
Note: the company must be notified and agree to any extension of the
period of hire beyond that stated on the booking form for 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 on the booking form or has not
been indentified in writing to the Company or approved by the
Company in writing.
(b) A person who is not licensed for that 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 drivers license has been cancelled, endorsed or
suspended within the last three years.
(f) A person who has held a drivers license for less than 2 years
Circumstances in which the vehicle must not be used.
(g) Outside the area of use limitations shown on the booking form
(h) On unsealed roads or off road conditions unless authorised by us
in writing or on the face of the Rental 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 authorised 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 authorised in
wirintg or on the face of this agreement.
(m) For racing, ,pacemaking, 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
vehiclular traffic or for any illegal purpose
3. FINANCIAL OBLIGATIONS
Special Note: Joint hirers and all drivers are jointly and severally
responsible under this agreement.
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THIS AGREEMENT YOU
AUTHORISE THE COMPANY TO DEBIT THE CREDIT CARD PROVIDED OR ANY OTHER
CREDIT CARD PROVIDED (and you will pay on demand any balance) WITH
THE FOLLOWING CHARGES:
(a) All rental charges specified on page one of the agreement
(b) All charges claimed from the company in respect of parking or
any other traffic violations incurred during the period of hire or
until such later time as the vehicle is returned to the Company.
Processing of said parking or traffic offences will incur a $55 fee.
(c) All loss or damage to the motor vehicle (including loos of use)
legal expenses, towing and recovery, consequential third party
damage, storage and company service charges where: (i) any
conditionof this agreement, and in particular Condition 2, or any
special condition on page one has been breached; (ii) the vehicle is
involved in a single vehicle accident (or not under the control of
an authorised hirer at the time of loss) unless the Company waives
such loss to a single vehicle incident liability amount shown on
Page One (which amount will apply in addition to the standard
liability charge noted on Page One). 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 underbody of the vehicle is
damaged regardless of cause when no vehicle is involved; (vi) the
vehicle is totally or partially immersed in water regardless of
cause; (vii) the interior of the vehicle is damaged regardless of
cause; (viii) the tyres of the vehicle are damaged other than by
normal wear; (ix) the vehicle or any third party prpoerty 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 or failed to immediately rectify or report to us any defect
of which you become aware; (xi) the vehicle is damaged by loading or
unloading, other than normal wear; (xii) 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 organisation who or which fails to make payment
when due, you will immediately pay the full amount due to the
company on demand.
4.
DAMAGE COVER
If you act within the terms and conditions of this agreement the
company will grant damage cover (including legal costs incurred with
our consent) for your benefit in respect of damages to the vehicle
or third party damage other than any property owned by you (or any
friend, relative, associate or passenger) or in your physical or
legal control. This cover is subject to:
(a) Your payment of the damage / loss liability charge stated on
Page One.
(b) Your not having acted or having caused any other person to have
acted in any manner which is in contravention of this agreement
including the special Conditions of Page One
(c) Your not being covered under any policy of insurance
(d) Your providing such information and assistance as may be
requested and, if necessary, authorising the company insurer to
bring, defend or settle legal proceedings but the company shall have
sole conduct of the proceedings.
5. GENERAL PROVISIONS
(a) You will promptly report any incident involving loss or 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 persons 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 other driver or passengers in the
vehicle shall be or deemed to be the agent, servant or employee in
any such manner for any purpose whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY
MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE
VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE,
(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 shal include
all genders, singular words include the plural, and noted on Page
One.
6. 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
One.
7.
PERSONAL ACCIDENT INSURANCE (where applicable)
Where you accept Personal Accident by accepting the appropriate
premium on Page One with charges to apply as per the rate shown on
Page One, acceptance of those charges is deemed to be proof of
coverage and confirmation of your agreement to accept the terms,
conditions and benefits of the Personal Accident insurance. A copy
of this policy is available for your inspeciton.
8.
PRIVACY
In accordance with Section 18E (8)c of the Privacy Act 1988 ("the
Act"), the Renter acknowledges that items of personal information
about the Renter including information in this agreement and coming
to the Company's knowledge during the term of this agreement, which
is permitted to be kept on credit information file, might be
disclosed to a credit reporting agency. The Renter irrevocably and
specifically agrees:
(a) for the purpose of Section 18L (4)of the Act, that the Company
may use information of the kind referred to in that section for the
purpose of assessing the Renter's credit worthiness.
(b) for the purpose of Sections 18K (l)(b) and 18K (l)(h) od the
Act, that a credit reporting agency may disclose personal
information about the Renter for the purpose of the collection of
payment that is overdue to the Company.
(c) For the purpose of Section 18N (l)(b) of the Act that the
Company may give to and seek from other credit providers, any
information derived from a report or the entire report for any of
the following purposes:- (i) to assess the renter's credit
worthiness and continued credit worthiness; and (ii) to notify,
exchange and/or obtain from a credit reporting agency and use the
renter's credit report (or any derived information) for assessing
any application for credit by the renter from time to time.
9.
INSURANCE EXCESS.
Base Insurance Excess is $1500, Prestige Vehicle Excess is $7500.
Excess is payable in full immediately irrespective of cause.
10.
SUBJECT TO CONDITIONS ON REVERSE.
Accident or damage must be reported within four(4)hours. Should the
hirer(s) fail to comply with any conditions (front or rear) of this
contract, all losses / damages arising out of such an event shall be
at hirer(s) expense. The hirer agrees and authorises by signing
above and below, that all amounts payable under this agreement be
charged to the credit card, of which details have been supplied by
the hirer.
11.
SMOKING IS PROHIBITED.
Vehicles are provided in a clean and tidy condition and should be
returned in a similar state otherwise a cleaning fee of $55.00 will
apply. Maintaining water and oil levels is the hirer(s)
responsibility.
12.
LATE RETURNS.
Are charged at the rate of half or full day rates. No refunds for
early return of vehicle.
13.
TRAFFIC INFRINGEMENT NOTICES.
ALL infrigements will incur a $65 Administration Fee.
14.
ROADSIDE ASSISTANCE.
Call out fee of $96.80 applies for: Lock out, Out of Fuel, Tyre
Change or for any event not caused by the Vehicle or PHD Rentals.
15.
FUEL.
Please ensure vehicle is returned full. If not vehicles will be
refuelled on return . If vehicle is returned to an Airport or
location other than our depot, it will be refuelled on return to the
our depot. Fuel top up is charged at the bowser fuel cost + a fee of
$15.00.
16.
SCRATCHES
We reserve the right to charge a fee of $200 for scratches.
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