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Rental Agreement Terms and Conditions
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CITY CAR RENTALS
RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS
This is an Agreement between a prospective hirer and City Car Rentals Pty Ltd referred as the Company to rent a motor vehicle including all accessories, tools, tyres 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 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, tyres, accessories and equipment to the location and on the date there 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 appropriate authority and you are responsible for extra charges based on 150 kilometers per day at .25c per kilometer Note The Company must be notified and agree to any extension of the period of hire beyond of 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 licence 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 authorised 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. YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT AND 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 the Rental Agreement
b) until such later time as the vehicle is returned to the Company. An administration charge of $30 will be made for each and every parking or traffic violation.
c) 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 company 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 the Company 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 underbody of the vehicle is damaged regardless of cause when no other vehicle is involved,
vi. The tyres 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
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 the Rental Agreement.
b) Yovur 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 the Rental Agreement.
c) Your not being covered under any policy of insurance
d) Your providing such information and assistance as may be requested and, if necessary, authorizing 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 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 resupply. 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 component (of $15.) unless prior arrangements have been made and noted in the Rental Agreement.
6. ON-LINE BOOKING DISCLAIMER:
Vehicle Hire is subject to Online Booking. Minimum car hire is a 3 day hire. Hire charges plus GST(Consumption TAX) as per Country of origin. Airport Tax applies, Credit Card surcharge 5% applies, Cancellation charges 15% applies, Driver under age of 25 a surcharge applies. Insurance waver available ( $16.00 - $24.00 Per Day) Delivery and Pickup available. All Credit Card transactions in Australia in $AUD. All other International Credit Card transactions in the currency of the country of origin.
7. LIMITATION OF USE (AUSTRALIA only)
a) Motor homes, camper vans, mini buses, are only to be driven on bitumen roads, the renter is fully responsible for all damage, recovery of vehicle etc. If driven on tracks, however the Simpson Desert, Gunbarrel Highway, Canning Stock Route, Gibb River Road, Bungle Bungle Track, Oodeadatta Track, Tanami Track, Birdsville Track and Cape York area are at the Renter risk, and specific permission to travel those areas has to he given by City Car Rentals in writing prior to their rental,
b) Any vehicle driven beyond the snow line as indicated by signage, Insurance as set out by terms and condition of contract nullify,
8. VEHICLE CONDITION ON RETURNS
a) Renter acknowledges the vehicle is in good overall condition is clean inside and out, and has only those defects and that damage stated on the attached DAMAGE CONTROL SHEET and covenants with the Owner that the vehicle will be returned in similar condition.
b) CLEANING CHARGE WILL BE APPLIED IF THE VEHICLE IS RETURNED IN AN UNTIDY CONDITION $100
c) No vehicle is to be hosed out. Penalty cost $200
d) No smoking policy at any time. Penalty cost $200
9. MECHANICAL REPAIRS AND SERVICING
a) The Owner agrees to reimburse the Renter any expenditure reasonably incurred by him in rectifying any mechanical failure to the drive train and engine of the vehicle PROVIDED THAT.
b) The Renter can produce the relevant receipts showing such expenditure
c) Where repair costs exceed $100.00 the consent of the Owner is first obtained.
d) Mechanical damage Is not caused by the Renter's abuse or neglect
e) Battery, heating and air conditioning units, audio-equipment are not classified as mechanical breakdowns.
f) The Renter agrees to check oil, water and battery water daily.
10. ONE WAY RENTALS / DIFFERENT RETURN LOCATION
a) One way rentals are available between all branches subject to teh minimum rentals period of 14 days and subject to availability of one way rentals.
b) A one way rental relocation fee of $680.00 applies.
c) One way rentals changes to agreed return location will incur an additional fee.
d) One way rentals are subject to a maximum of 150 free kilometres per day, any excess kilometres are charged at the rate of .25 cents per kilometre.
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