RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS (AUGUST 2017)
This is an Agreement between the prospective hirer (you) and the Company (East Coast 4WD Hire) (the Company) to rent the motor vehicle described in the Hire agreement, including all accessories, tools, tyres and equipment and any replacement vehicle.
1. VEHICLE CONDITION AND RETURN
You agree that the vehicle ,including the clutch and transmission, is delivered to you in good operating condition .
If you disagree you must notify the Company in writing or by phone / text within 1 hour of taking delivery, on 0430 090 057, 0433 567 844 or by email : firstname.lastname@example.org , email@example.com.
You agree to return the vehicle in the same condition except for ordinary wear and tear (NOT INCL WINDSCREEN /HEADLIGHT/LENS DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on Page 1 and on the date there specified (or sooner, if demanded).
The Company may take possession of the vehicle without 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. Note:
The Company must be notified in advance and agree to any extension of the period of hire beyond that stated on Page 1 Otherwise the vehicle will immediately be reported as stolen.
Vehicle to be returned after under body car wash, and external wash. If not, you will be charged a $50 cleaning fee.
It is the hirer/joint hirer and all drivers responsibility to check that tyre pressures are at 32 PSI for bitumen driving and 20PSI for beach driving.
Please check tyre pressures as soon as possible after receiving the hire vehicle and please return to 32PSI before returning the hire vehicle.
2. UNAUTHORISED AND PROHIBITED USE (Persons who must not drive the vehicle)
(a) A person who is not identified on Page 1 or who is not licensed for that class of vehicle
(b) A person whose blood alcohol concentration exceeds the lawful percentage.
(c) A person who has given or for whom you have given a false name, age, ADDRESS or driver’s license details.
(d) A person whose driver’s license has been cancelled , endorsed or suspended within the last 3 years.
(e) A person who has held a full driver’s license for less than 2 years.
Circumstances in which and/or for which the vehicle must not be used:
(f) To carry persons for the hire or to carry any inflammable, explosive or corrosive materials or for any illegal purpose
(g) To propel or tow any vehicle (including a bogged vehicle), trailer boat or other object unless the Company has authorised such use in writing.
(h) To carry any greater load and/or more persons than is lawful. On Fraser Island no goods to be carried on the roof of vehicle.
(i) In a dangerous manner , racing ,hill climbing or on sand dunes or on the beach at a time which is outside of 2 hours either side of low tide.
(j) In contravention of any legislation/ regulation controlling vehicle traffic. On FRASER ISLAND, no travel north of Champagne Pools (MIDDLE ROCKS) unless authorized by the Company.
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 ON PAGE 1, YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDITCARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:
(a) All rental charges specified on Page 1. Each additional hour is charged at 1/5th of daily rate. Cleaning fee $50 if returned without underbody and exterior wash.
(b) All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire and before return.
(c) All charges, up to a maximum of $4000 for repair to the motor vehicle (as well as an additional cost for loss of use) and legal expenses, assessment fees, towing and recovery ,barge/ferry passes, storage and company service charges where:
(i) any condition of this agreement, and in particular Condition 2, or any special condition on Page 1 has been breached;
(ii) the vehicle is involved in an accident, regardless of cause, unless the Company waives such loss to an amount shown on Page 1 ;
(iii) the CLUTCH, AUTOMATIC TRANSMISSION , or underbody of the vehicle is damaged ,regardless of cause ; Do not tow/snatch any vehicle.
It can cause personal injury and also it can cost you the repair bill if the transmission,engine or clutch is damaged.
(iv) the vehicle is totally or partially immersed in water regardless of cause;
(v) the interior 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 is damaged by driving it under or into an object lower than the height of the vehicle;
(viii) the vehicle is damaged by you failing to maintain or attempting to maintain all FLUIDS (especially coolant ,engine oil or transmission oil),regardless of cause.
You must immediately rectify or report to us , any defect ,of which you have become aware;
(ix) the vehicle is damaged by loading or unloading, other than normal wear.
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.
(x)Third Party Property Damage .In the case of an accident involving a third party vehicle , the financial responsibility is with the driver of the hire vehicle, if it is deemed his/her fault. Police must be notified of any accident involving the hire vehicle.
4. GENERAL PROVISIONS
(a) You will promptly report any accident or loss involving the vehicle while rented under this agreement to the Company location 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 an accident 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 damage to the vehicle/s or personal property, or that of any other person left in the vehicle, 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) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILTY OR FITNESS , FOR ANY PARTICULAR PURPOSE.
(d) No right of the Company under this agreement may be waived except in writing by an officer of the company.
(e) Words used in this agreement to denote any gender shall include genders, singular words include the plural, and vice versa.
(f) You release and hold harmless the Company (and its agents and employees)from all claims for any third party property damage .
The vehicle must be returned with the same amount of fuel as at the time of the commencement of the rental(full).
If the vehicle is returned with less fuel, the difference will be charged at a rate which may include a service component.
I have read , understand and accept the above terms and conditions and those on the reverse side of this document and I am authorised to drive this vehicle.
The Hire Co has handed to me a copy of the relevant tide times and conditions report as per the National Parks website.
I understand that extreme care must be taken while driving on the beach and on unsealed roads.I am aware of the risks and my financial obligation if I cause vehicle damage. I am fully aware of the tide times in the relevant areas ,and that I may only traverse the beach within 2 hours of low tide.
I am over the age of 30 years and under 75 years. I am licensed to drive this vehicle.
HIRER SIGNATURE COMPANY SIGNATURE DATE