Terms & Conditions
1. Vehicle condition and Return
2. Persons who must not drive the vehicle
3. Circumstances where the vehicle must not be used
4. Obligation of the Hirer/Joint Hirer/Authorised Driver
5. Damage Cover (excludes Pantechnicon of Trucks refer clause 6)
6. Damage to or by Pantechnicon or Utility Tray
7. General Provisions
8. Fuel
9. Time Charges
10. Infringement Notices
11. Usage in Snow
12. Privacy Policy
13. No Smoking
This is an agreement between the Hirer and the company (“the company”) 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 operating condition 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 the 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 any breach of any terms or conditions of the agreement or if the vehicle is illegally parked, used in violation of the Law or is apparently abandoned. If the seal of the odometer is broken, or otherwise tampered with, you will be responsible for not only an extra charge of 500 kms per day at $0.50 per kilometer but also for any cost of repairing the odometer. Note: if there is to be any extension of the period of hire beyond that stated on page 1, the company must be notified either in writing or in person and it must agree to such an extension in writing, otherwise the vehicle will be reported to the police as stolen immediately.
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 exceed the lawful percentage whilst driving the vehicle
d) A person who is driving the vehicle whilst under the influence of a drug
e) A person who has given or for whom You have given a false name, age, address or driver’s license details
f) A person whose driver’s license has been cancelled, endorsed or suspended with the last three years
g) A person who has held a driver’s license for any class for any class of vehicle for less than two years
h) A person who uses of intends to use the vehicle for an illegal purpose
3. Circumstances where the vehicle must not be used
a) Any area outside the area of use (Queensland: North of Rockhampton, West of Longreach, South Australia: Beyond Adelaide, Northern Territory, Western Australia, Tasmania) with the exception of written permission being received from an authorised representative of the Company.
b) Any unsealed roads or off-road conditions
c) The carriage of any persons for hire or the carriage of any inflammable, corrosive or explosive material
d) Pushing or towing any vehicle, trailer, boat or other object unless the company has authorised such use in writing
e) The carriage of any greater load and/or persons and/or for a purpose for which the Vehicle was designed and constructed
f) The carriage of any animal in the vehicle
g) The use of the vehicle for racing, pacemaking, reliability trials, speed trials, hill climbing of being tested in preparation for those activities
h) The use of the vehicle in a dangerous manner
i) The use of the vehicle in contravention of any legislation or regulation controlling vehicular traffic
4. Obligation 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 the contract
By entering into the agreement you are responsible and irrevocably authorize the company to debit the credit card provider on Page1 or any other credit card provided (and you will pay the company on demand any balance with the following charges):
a) The rental charges specified on Page1
b) All charges claimed by the company in respect of parking and any other traffic violations incurred during the period of hire or until such later time that the vehicle is returned to the company
c) All loss or damage to the vehicle (including the loss or use of that vehicle), legal expenses, assessment fees, towing and recovery consequential third party damage, storage and company charges where:
- Any term or condition of the Agreement has been breached
- You have left the Vehicle unlocked or have left the keys in the vehicle
- You have failed to the 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 the cause except where there is a collision with another vehicle
- The tyres of the vehicle are damaged except by normal wear and tear
- The vehicle or any third party property is damaged by driving under or into an object lower than the height of the vehicle
- You have failed to maintain all fuel and fluid levels or the vehicle or failed to immediately rectify or report to the company any defect in the vehicle of which you have or ought to have become aware
- The vehicle is damaged by loading or unloading
- You have failed to secure any load or equipment which leads to loss or damage caused by any part of the load or equipment
- You use the vehicle as an articulated vehicle unless agreed to by the company in writing by an authorised officer
- The exterior of the vehicle has been damaged regardless of cause except where there has been a collision with another vehicle
- You have driven the vehicle in a manner that contravenes road rules of any Australian State or Territory
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 you are liable and will immediately pay the full amount to the Company on demand. The Company, in addition, may charge You interest at the rate of 10% per annum calculated on a daily basis on all outstanding amounts or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period.
5. Damage Cover (excludes Pantechnicon of Trucks refer clause 6)
Provided You and or the Authorised Driver act within the terms and conditions of the Agreement the Company will grant you damage cover (which includes your legal costs incurred with our written consent) to You and/or the authorised driver in respect of damage caused 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.
This cover is also subject to:
a) You paying the Collision Damage/loss liability charge on page 1 for each separate accident;
b) You and, or the Authorised Driver not having breached any terms and conditions of this Agreement;
c) You and/or the Authorised driver not being covered under any police of insurance; and
d) You providing such information and assistance as may be requested by the Company or anyone acting on behalf of the Company.
e) You paying a $110 administration fee to cover transport and other costs associated incurred in organising repair of the vehicle.
f) You reimbursing the owner for loss of revenue; where a vehicle is not rentable due to damage caused while under hire, loss of revenue suffered will be at the expense of the renter. It will be calculated at the lower of 70% of the daily rental rate or the vehicles utilisation rate for the preceding 6 months as calculated by Rental Car Manager Software.
g) Should the vehicle be returned to a location other than 7 Whiting St, Artarmon any damage sustained to the vehicle is deemed to be the responsibility of the hirer until such time as the vehicle is collected by the company from such location.
If cover is provided, then the Company, or its insurer, may bring, defend or settle, any legal proceeding in its sole discretion and the company shall have the sole conduct of any proceeding. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver
6. Damage to or by Pantechnicon or Utility Tray
Notwithstanding anything to the contrary herein elsewhere expressed or implied the Renter shall be liable for all damage to the Pantechnicon or utility tray of the vehicle howsoever caused and for all damage to any part of the Pantechnicon and to the property of third parties caused by contact between the Pantechnicon and objects obstructing the path of the vehicle.
7. 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 and/or the Authorised driver shall promptly report such incident to the Company at the location where the Vehicle was hired within 4 (four) hours as well as delivering to the Company immediately upon receipt, complaint or paper in relation to such incident involving such loss or damage. You and/or the Authorised driver must report all incidents to the Police and or other proper Authority.
b) You and/or the Authorised Driver irrevocably release and hold harmless to the Company(And its agents and employees) from all claims for loss or damage to your personal property, or theft of any other person property left in the vehicle, or which is received , handled or stored by the Company at any time being, during or after the rental period , whether due to the companies negligence or otherwise;
c) You and/or the Authorised driver acknowledge that the Company relies on the truth of you/the Authorised drivers representations in this Agreement;
d) You and/or the Authorised Driver will not refuse or fail to take any blood analysis or breath test requested by the Police;
e) Except as provided by law, no driver or passengers in the Vehicle shall be or 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 Motor Vehicle. Certain conditions and warranties are applied by statue, 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. 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, incidental or consequential damages relating from this Agreement;
g) No right of the Company under this agreement can be waived except by writing of an authorised office of the Company;
h) Words used in this Agreement denote any gender shall include all genders, singular words include the plural, and noted on Page 1
i) Notwithstanding any other provision in this Agreement, a good and services tax(GST) or any similar tax, stamp duty or any other tax, duty or any other 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 conjunction with this Agreement or in relation to the use or the likely use of any roads, facilities or other infrastructure by You and/or the Authorised Driver or in relation to the provision of rental or other services to you and/or the Authorised driver. The Company may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from You and/or the Authorised driver an additional amount on account of the charge. Any additional amount on account of the charge shall be calculated without any deduction or setoff of any amount and is payable to the Company on demand.
j) You and/or the Authorised Driver acknowledge that your interest in the Vehicle is as a bailee of the Company only ands 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 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 or 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;
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 and/or the Authorised Driver must not admit liability for any claim, Loss or demand and agree that if such admission is made by You and/or the Authorised driver then that’s a breach of this Agreement;
8. Fuel
The Vehicle must be returned with the same amount of fuel equal to that at the time of the rental. If the Vehicle is returned deficient of fuel the Hirer authorises the Company to charge the cost of fuel replenishment which includes a service charge plus a GST component.
9. Time Charges
Rental days consist of consecutive 24 hour periods starting at the time of the commencement of the rental. If the vehicle is returned after the allocated rental period without the Agreement of the Company an additional minimum rate of ¼ Day rate per hour will be applied
10. Infringement Notices
A fee of $5.50 will be charged for handling legal obligations relating to handling any Toll notices, Speeding fines, Parking fines or other enquiries of legally authorised Government Authorities
11. Usage in Snow
Driving above the snow line being either the entrance to national parks in which snow falls or areas in which snow chains are required to be fitted (by the relevant authority) incurs a daily charge of $9.90 per day. Snow chains are to be supplied and fitted by the renter. Any damage caused by snow chains to the Orana vehicle or third party property is not covered by insurance whatsoever.
12. Privacy Policy
In accordance with section 18E (8)(c) of the Privacy Act (1998), the hirer acknowledges that items of personal information about the renter including information in this agreement and coming in the Company’s knowledge during the terms of this agreement, which is permitted to be kept on a credit information file, might be disclosed to a credit reporting agency.
13. No Smoking
All vehicles are non smoking. Smoking in the vehicle will incur a cleaning fee of $330 inc GST