RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS
This is an Agreement between the prospective hirer identified on page 1 (you) and the Company identified on page 1 (the Company) to rent the motor vehicle described on Page 1 Including all accessories, tools, tyres and equipment and any replacement vehicle.
1. VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition . You agree to return the vehicle in the same condition except for ordinary wear and tear (NOT INCL WINDSCREEN /HEADLIGHT 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 and agree to any extension of the period of hire beyond that stated on Page 1 of this agreement in advance of the return date and time or the vehicle will immediately be reported as stolen. Vehicle to be returned after under body car wash, vacuum and external wash. If not, you will be charged a $30 cleaning fee.
2. UNAUTHORISED AND PROHIBITED USE (Persons who must not drive the vehicle)
(a) A person who is not identified on Page 1.
(b) A person who is not licensed for that 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.
(e) A person whose driver’s license has been cancelled, endorsed or suspended within the last 3 years.
(f)) 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:
(g) To carry persons for the hire or to carry any inflammable, explosive or corrosive materials.
(h) To propel or tow any vehicle(including a bogged vehicle), trailer boat or other object unless the Company has authorised such use in writing.
(i) To carry any greater load and/or more persons than is lawful. On KGARI no goods to be carried on the roof of vehicle.
(j) For racing, pacemaking , reliability trails, speed trials, hill climbing or being tested in preparation for those purposes.
(k) In a dangerous manner, or on sand dunes or on the beach at a time which is more than 2 hours either side of low tide.
(l) 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 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 1/5 of the daily rate. Cleaning fee if returned uncleaned.
(b) All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company.
(c) All charges for repair to the motor vehicle (including loss of use) 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 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 ;
(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 fluid (especially coolant ,engine oil or transmission oil, regardless of cause) and fuel levels or you fail to 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.
4. LOSS/DAMAGE WAIVER
If you act within the terms and conditions of this agreement the company will grant a loss/damage waiver for your benefit in respect of third party damage other than any property owned by you (or friend, relative, associate or passengers) or in your physical or legal control. This cover is subject to:
(a) Your payment of the basic excess of $2000 stated on Page 1.
(b) Your 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 Page 1.
(c) Your not being covered under any policy of insurance.
(d) Your providing such information and assistance as may be requested and, if necessary, authorising 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 accident 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 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 their 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) Except as proved 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.
(d) 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.
(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 genders, singular words include the plural, and vice versa.
6. FUEL
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 and understand the above terms and conditions and those on the reverse side of this document and I am authorised to drive this vehicle.
I understand that extreme care must be taken while driving on the beach and on unsealed roads.
I am aware of the risk and my financial obligation if I cause clutch /automatic transmission damage.
I declare that I am over the age of 30 and under 75 years, and I am licensed to drive this vehicle.