This is an Agreement between the Hirer (“Hirer” or “You”) (being the person or entity identified as such on the page headed “Rental Agreement”) and Auswide Car Rentals P/L t/as City Car Rentals (“CCR”) by which the Hirer rents a motor vehicle (“the vehicle”) from CCR.
1. VEHICLE CONDITION AND RETURN
The vehicle is delivered to the Hirer in good operating condition and with the seal of the odometer unbroken. The Hirer agrees 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 CCR. CCR may take possession of the vehicle without prior demand and at the Hirer’s 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 authorities and the Hirer is responsible for extra charges at 25cents per kilometer, based on 150 kilometers per day. CCR must be notified and authorise 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 has not provided a copy of their driver’s license to CCR;
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 driver’s license details and/or
e) a person whose driver's license has been canceled, endorsed or suspended within the last three years.
Circumstances in which and/or for which the vehicle must not be used:
a) outside the area of use limitations;
b) on unsealed roads or off road conditions unless authorised by CCR in writing or on the face of this agreement;
c) to carry persons for hire or to carry any inflammable, explosive or corrosive materials;
d) to propel or tow any vehicle, trailer, boat or other object unless CCR has authorised such use in writing;
e) 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;
f) to carry any animal or pet in the vehicle unless authorised in writing or on the face of this agreement;
g) for racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes;
h) in a dangerous manner; and/or
i) 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 there must be sufficient funds available on the credit/debit card provided to CCR to pay all of the rental charges. THE HIRER IS RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT YOU AUTHORISE CCR TO DEBIT THE CREDIT/
DEBITCARD 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) an administration fee of $30 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 by you;
ii. the vehicle is involved in a single vehicle Incident (or not under the control of an authorised 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 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; and/or
x. you fail to properly secure 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/debit card or directed CCR 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 CCR on demand AND you acknowledge and irrevocably authorise us to charge your credit/debit card at the beginning of the rental and at any time during the rental with all amount due to us under the Rental Agreement.
4. DAMAGE COVER
If you act within the terms and conditions of this agreement CCR 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 but does not include cover for any property owned by you or any friend, relative, associate or passenger or that may be in your physical or legal control. This cover is subject to the following:-
a) your payment of the damage/loss liability charge stated on the Rental Agreement;
b) you not having acted or having caused any other person to have acted in any manner which is in contravention of this Rental Agreement;
c) you not being covered under any policy of insurance;
d) you advising us in writing of any incident involving loss or damage and providing us with an adequate description of same within 24 hours of it happening;
e) you providing any lawyer appointed by us with such assistance, including but not limited to giving evidence before a court, as required by them; and/or
f) you providing such information and assistance as may be requested by us and, if necessary, authorising CCR’s insurer to bring, defend or settle legal proceedings and your irrevocable authority that CCR shall have sole conduct of the proceedings.
5. GENERAL PROVISIONS
a) you will y within 24 hours report to us any incident involving loss or damage to the vehicle or any other loss involving the vehicle while rented under this agreement and where the vehicle was hired and you will immediately deliver to us every summons, complaint or paper in relation to such loss. Compliance with this conditions does not excuse the hirer from reporting all incidents to police or other proper authorities;
b) you release and hold harmless CCR 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 CCR at any time before, during or after this rental period, whether due to CCR’s actions, omissions 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) CCR 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 CCR to limit liability for breach of implied condition or warranty, CCR limits liability to replacement, repair or re supply. In particular, CCR is not liable for any indirect or consequential loss or damages;
e) no right of CCR under this agreement may be waived except in writing by an officer of CCR; and
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 at least equal to that at the time of the rental commencement. 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 in addition to the fuel costs, unless prior arrangements have been made and noted in the Rental Agreement. The Hire MUST ENSURE THAT THE CORRECT TYPE OF FEUL (Unleaded or Diesel or as noted on the vehicle, as the case may be) is added to the vehicle during the rental period. Failure to use the correct type of fuel will likely result in damage to the vehicle and the hirer will be charged for substantial costs of repair.
a) 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 and/or
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
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