Rental-Agreement-for-Hobart
1. Vehicle Condition and Return:
1.1.1 You acknowledge the vehicle is delivered to "You in good 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 WINDSCREEN OR TYRE DAMAGE) together with its tools, tyres, accessories and equipment on the date specified on the Rental Agreement (or sooner, if demanded by the Company). The Motor Vehicle must be returned to 16 Cherokee Drive Cambridge Hobart TAS. Cleaning fee may apply if excessively dirty.
The Company may take possession of the Vehicle without prior demanded to You and at your expenses if there has been any breach of any terms or conditions of this Agreement or if the vehicle is illegally parked, 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 based on 500 kilometres per day at 30c per kilometre, but also for any cost of repairing or replacing the odometer.
NOTE: If there is to be any extension of the period of hire beyond that stated on the Rental Agreement, permission must be sought from us, otherwise the Vehicle will be immediately reported to the police as stolen. You would be liable for any losses incurred to us by your late return of the vehicle. Vehicles returned prior to cessation of hire term will not be eligible for refund.
A charge of $900 applies in case your rental car keys are lost.
2. Persons who must not drive the Vehicle:
2.1.1 A person who is not identified on the Rental Agreement as either the Hirer, Joint Hirer or Authorised Driver.
2.1.2 A person who is not licensed to drive the hired class of vehicle.
2.1.3 A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle.
2.1.4 A person who is driving the Vehicle whilst under the influence of a drug.
2.1.5 A person who has given or for whom you have given a false name, age, address or driver's license detail.
2.1.6 A person whose driver's license has been cancelled, endorsed, or suspended within the last three years.
2.1.7 A person who has held a driver's license for any class of vehicle for less than two years.
2.1.8 A person who uses or intends to use the vehicle for an illegal purpose.
2.1.9 A person under the age of 21, or 25 if the Vehicle is a 4-wheel drive Vehicle.
3.Circumstances where the vehicle must not be used:
3.1.1 In the Tasmania, outside any city limits between dusk and dawn on unsealed roads; or
3.1.2 Through streams, rivers, creeks, dams and floodwaters.
3.1.3 Any unsealed roads or off-road conditions unless authorized by the Company on the Rental Agreement, additional charges may apply.
3.1.4 The carriage of any persons for hire or the cartage of any inflammable, explosive or corrosive materials.
3.1.5 Pushing or towing any vehicle, trailer, boat or other object unless the Company has authorised such use in writing.
3.1.6 The carriage of any greater load and/or persons and/or for a purpose for which the Vehicle was designed and constructed.
3.1.7 For any commercial purposes without period consent from us.
3.1.8 The carriage of any animal in the Vehicle unless authorized in writing or noted on the Rental Agreement in SPECIAL CONDITIONS.
3.1.9 The use of the Vehicle for racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those activities.
3.1.10 Used on any beach.
3.1.11 In the snow or above the snow line.
3.1.12 The use of the Vehicle in a dangerous manner.
3.1.13 The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
3.1.13 Vehicle must remain in Tasmania all the time.
4. Damage Cover:
4.1.1 Provided You and/or the Authorised Driver act within the terms and condition of this Agreement, the Company will grant damage cover in the event of a multiple vehicle accident (which includes your legal costs incurred with our written consent) to You and/or the Authorised Driver in respect of damage to the Vehicle and/or damage to the other Vehicle involved, and 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
(i) You are paying the Insurance Excess as agreed on the Rental Agreement
(ii) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement
(iii) You and/or the Authorised Driver not being covered under any policy of insurance; and
(iv) The use of the Vehicle permitted under any legislation and not in a dangerous manner.
(v) You provide us with the required relevant information for making an insurance claim.
(vi) You are providing such information and assistance as may be requested by the company or anyone acting on behalf of the company.
4.1.2 You will not be entitled to rely on any Damage Cover for:
(i) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to child restraints, lost keys, keyless start and remote control devices;
(ii) property owned by You or any passenger that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Station;
(iii) loss or damage to Your property, the property of a member of Your immediate family or of an entity related to You, that arises from the use of the Vehicle; or
(iv) Damage, theft of the Vehicle or Third-Party Loss if Your Rental Contract is for Customer Own Insurance.
4.1.3 f you have not purchased excess reduction through us, we may deduct up to $4,400 (excess amount) from you in the event of damage to the vehicle, theft or third-party loss. This deduction may be partially or fully refunded to you. The net charges to you could include charges to repair the vehicle, administrative costs, a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime), and any other costs faced by us resulting from your actions. Any refunds will be subject to whether you were not at fault, the scope of the damage and whether you have provided us with the required relevant information. The required relevant information for refunds includes but is not limited to:
(i) the name, residential address, contact phone and licence number of any person involved including any witnesses;
(ii) the registration numbers of all vehicles involved;
(iii) an accurate description of the incident and location;
(iv) the names of any attending police officers; and
(v) the name of the insurer of any third party You believe was at fault and we reasonably believe that the insurer will pay us for the loss or damage.
4.1.4 If cover is provided that the company, or its insurer, may bring, defend or settle any legal proceedings in its/their 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
4.1.5 For clarity, you are required to pay full amount of the following costs and fees:
(i) Overhead Damage or Underbody Damage;
(ii) water damage to the Vehicle caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs if You drive the Vehicle through floods, creeks or rivers);
(iii) damage to the Vehicle or to the property of any third party caused by unauthorised use of the vehicle
(iv) damage to a windscreen or window (including cracks or chips), tyres or an Accessory not attributable to normal wear and tear; and
(v) damage to the Vehicle or to the property of any third party caused deliberately or recklessly by You, any other driver of the Vehicle or any passenger carried during the Rental Period;
(vi) the cost of replacing, if lost or stolen, an Accessory;
(vii) the cost of any professional cleaning or odour extraction reasonably incurred by us because You or another person has been smoking in the Vehicle during the Rental Period;
(viii) a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or smoke extraction; and
(ix) if you have breached the Rental Agreement, a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime), provided that Your breach of the Rental Agreement has caused the downtime of the Vehicle.
4.1.6 We may deduct reasonable charges listed on this contract from your account or cards.
5. Obligations of the Hirer/Authorised Driver:
NOTE the Hirer/Joint Hirer and Authorised Driver are jointly and severally liable for compliance with the Terms and Conditions of this agreement.
It is mandatory to obtain insurance. Please enquire about packages and options available.
By entering into this agreement, you are responsible for and irrevocably authorise the company to debit the credit card provided on The Rental Agreement or any other credit card provided (and You will pay the company on demand any balance) with the following charges:
5.1.1 The rental charges specified on the Rental Agreement.
5.1.2 All charges claimed by the company in respect of parking and/or any other traffic violations incurred during the period of hire or until such later time as the is returned to the company.
5.1.3 All losses or damages to the Vehicle (including the loss or use of that Vehicle), legal expenses, collection costs or commission charges, assessment fees, towing and recovery, consequential third-party damage, storage and company service charges where
(i) Any term or condition of the Agreement has been breached
(ii) The Vehicle is involved in a single vehicle accident unless the company waives such a loss to the Single Vehicle Incident Liability amount shown on the Rental Agreement (which amount will apply in addition to the Standard Liability Charge noted the Rental Agreement). A single vehicle incident is defined as any incident where the Vehicle suffers loss or damage because of an impact with any object whether animate or inanimate except another vehicle which can be fully identified and details of which have provided by You or on behalf to the company. $5,000 excess may apply in the event of a Single Vehicle Incident.
(iii) You have left the vehicle unlocked or left the keys in the Vehicle.
(iv) You have operated the vehicle at night unless authorised to do so under other provisions of the Terms and Conditions.
(v) You have failed to keep the key secure and under your personal control all the times.
(vi) The underbody of the Vehicle is damaged regardless of cause except where there is a collision with another vehicle.
(vii) The Vehicle is totally or partially immersed in water regardless of cause
(viii) The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another vehicle.
(ix) The tyres of the Vehicle are damaged other than by normal wear and tear
(x) The Vehicle or any third-party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle.
(xi)You have failed to maintain all fluid and fuel levels of the Vehicle or failed to immediately rectify or report to the company any defect in the Vehicle of which you have become or ought to have become aware of.
(xii) The Vehicle is damaged by loading or unloading, except by normal wear and tear.
(xiii) You have failed to secure properly any load or equipment which leads to loss or damage caused by any part of the load or equipment.
(xiv)You use the Vehicle as an articulated vehicle unless agreed by the company in SPECIAL CONDITIONS on The Rental Agreement.
(xv) The exterior of the Vehicle is damaged regardless of cause except where there has been a collision with another vehicle
Wrong Fuel: Minimum $5,000.00 penalty applies in case of wrong fuel used by you. Depending on the damage, the penalty may equal the cost of the vehicle.
Lost Keys: A charge of $900 applies in case of lost vehicle key
5.1.4 If you have paid/agree to pay 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 organization who or which fails to make payment when called upon by the company, you hereby irrevocably accept that You are liable and will immediately pay the full amount due to the company on demand. The company, in addition, may charge You interest at the rate of 18% per annum calculated daily on all outstanding accounts or charges payable in accordance with the Agreement, such interest to be compounded from the end of the rental period.
6. General Provisions:
6.1.1 If there is any incident 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 as well as delivering to the company immediately upon receipt by You and or the Authorised Driver, every summons, complaint or paper in relation to such incident involving such loss or damage. You and/or the Authorised Driver must also report all incidents to the police or other proper authority.
6.1.2 You and/or the Authorised Driver irrevocably release and hold harmless the company (and its agents and employees) from all claims for loss or damage 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 the rental period, whether due to the company's negligence or otherwise
6.1.3 You and the Authorised Driver acknowledge that the company relies on the truth of your/the Authorised Driver's representations in this Agreement.
6.1.4 You and the Authorised Driver will not refuse or fail to take any blood analysis or breath test requested by the police.
6.1.5 Except as provided by law, no driver or passenger in the Vehicle shall be or deemed to be the agent, servant or employee of the company in any manner for any purpose whatsoever.
6.1.6 The company gives no express warranty in relation to the motor vehicle. Certain conditions and warranties are implied by statute, 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 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 incident, special, incidental or consequential damages relating to this agreement.
6.1.7 No right of the company under this Agreement can be waived except by writing of an authorized officer of the company.
6.1.8 Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, and noted on The Rental Agreement.
6.1.9 Notwithstanding any other person in this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, 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 connection with this Agreement or in relation to the use of 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 service 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 the 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 other amount and is payable to the company on demand.
6.1.10 You and/or the Authorised Driver acknowledge that your interest in the Vehicle is as a bailee of the company only and 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.
6.1.11 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 on 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.
6.1.12 You acknowledge that the company has not in any way represented itself to You as an entity carrying on a business of insurance.
6.1.13 You and/or the Authorised Driver must not at any time admit liability for any claim, loss or demand and agree that if such an admission is made by You and/or the Authorised Driver then that is a breach of this Agreement.
7. FUEL & DAILY MILEAGE:
7.1.1 You are responsible for the cost of fuel used during the hire. The Vehicle must be returned with a full tank fuel. If the Vehicle is returned with lesser fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on the Rental Agreement.
7.1.2 Using the correct fuel is your responsibility, wrong fuel can damage the vehicle engine resulting in high repair costs not covered by insurance.
8. Smoking:
8.1.1 No smoking in the vehicles at any time. Charges will apply.
9. Debit/Credit Card Policies:
9.1.1 Alice Car Rental Hobart accepts any Debit/Credit Card for the payment of a vehicle rental which:
(i) Is issued by a bank or other financial institution; and
(ii) Displays the Mastercard or Visa Logo; and
(iii) Has the customer's name and card number on the card.
9.1.2 At the commencement of rental, Alice Car Rental Hobart does not accept a prepaid or reloadable stored value card, a travel money card or an EFTPOS card. A Credit or Debit card as outlined above must be presented at the commencement of rental arrangement. Upon completion of rental, Alice Car Rental Hobart will accept excess payments with an EFTPOS card. For bookings made online or via telephone, the credit or debit card used for the purpose of the booking must be presented to the Company at the start of your rental.
9.1.3 At the start of your rental a hold will be placed on your account for the insurance between $400 - $1500 bonds. Payments will be taken from your account for the hire of the vehicle.
9.1.4 On return of vehicle we will release the hold of the bond, but depending on your bank, this may take up to 10 business days. Alice Car Rental Hobart will not be held responsible for any overdraft fees based on this policy.
10. Important:
10.1.1 We are authorised to cancel a booking any time due to unavoidable circumstances such as
(i) A broken windscreen (due to vandalism) because windscreen replacement can take up to weeks.
(ii) Vehicle gets stolen.
(iii) Poor spare parts availability in Hobart may result Vehicle be out of use for a longer than expected period.