Terms & Conditions

Your contract to hire a Vehicle from Us (Rental Contract) is a Standard Form Contract that comprises:

1. the agreement (Rental Agreement) You have signed to hire the Vehicle from Us;
2. these rental Terms and Conditions (Terms and Conditions); and together they create binding and enforceable legal obligations.

   1.2 Relevant law
   The Rental Contract is governed by the laws of the Commonwealth of Australia and the state or territory in which the Rental Agreement is signed and You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

   1.3 The Australian Consumer Law
   You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

   1.4 Electronic signatures
   We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature, You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

   1.5 Amending these Terms and Conditions
   We may amend these Terms and Conditions by providing You with 30 days’ notice in writing. If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period.
   
   2 Who may drive the Vehicle?

1. Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.
2. Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.

1. There is a minimum and maximum age limit for those renting Our Vehicles.
2. Except for Prestige Vehicles, You and any Authorised Driver must be at least 21 and less than 85 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.
3. The minimum age for You and any Authorised Driver of a Prestige Vehicle is 25.

1. You and any Authorised Driver must also have a current valid licence to drive the specified class of Vehicle:
   1. issued in an Australian state or territory or an international licence written in English, or if not in English is accompanied by either:
      1. a valid International Driving Permit; or
      2. an accurate translation of Your licence into English, issued by the National Accreditation Authority for Translators and Interpreters (NAATI) that includes a full explanation written in English of any condition to which Your licence is subject and the category of vehicle for which Your licence was issued;
   2. valid for the state or territory in which the Vehicle is driven if the licence was issued in a different state or territory or an overseas country;
   3. appropriate for the class of the Vehicle; and
   4. not subject to any restriction or condition.
2. Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:

1. is cancelled or suspended, including as a result of an accumulation of demerit points; or
2. has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.

The Vehicle must not be driven by You or an Authorised Driver if either You or the Authorised Driver has been refused motor vehicle insurance or had a policy of motor insurance cancelled or declined by an insurer at any time prior to entering into the Rental Contract.

The Vehicle must not be driven by You or any Authorised Driver:

1. whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
2. recklessly or dangerously as defined in clause 18.2(b); or
3. whilst there is Damage to the Vehicle that makes it unroadworthy or unsafe.

You and any Authorised Driver must not:

1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
2. use the Vehicle:
   1. for any illegal purpose;
   2. to move or carry dangerous, hazardous, biohazardous, infectious, or inflammable, goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
   3. to propel or tow another vehicle, trailer or boat unless authorised by Us. You are authorised to tow Our own branded trailers, or supplied bike racks. Authorisation may be withdrawn by Us at any time before or during your Rental.;
   4. as a Tool of Trade;
   5. to carry or transport illegal drugs or substances;
   6. in connection with the motor trade for experiments, tests, trials or demonstration purposes;
   7. in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
   8. in an unsafe or unroadworthy condition; or
3. use a mobile phone in a moving or stationary Vehicle that is not parked:
   1. to make or receive a phone call;
   2. to send a text message, video message, or email;
   3. to perform any audio function; or
   4. as a navigational device,

      unless the body of the phone is securely mounted in the Vehicle and its operation does not involve:

      1. entering information, text, numbers or symbols, except if that operation can be performed using voice controls only; or
      2. scrolling on the device.

1. You and any Authorised Driver must not:
   1. damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
   2. modify the Vehicle in any way including making any alteration or addition to it and no decals, branding or logos may be applied to the Vehicle;
   3. fix accessories, roof racks, or make any alteration or modification to the Vehicle, temporary or otherwise).
   4. sell, rent, lease or dispose of the Vehicle; or
   5. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
2. You and any Authorised Driver must not use the Vehicle to carry:
   1. passengers for hire, fare or reward unless Our previous consent has been given, 
   2. more than the number of passengers for which the Vehicle is licenced; or
   3. any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licensed.

Our primary focus is on ensuring We are supporting Your safety, and We limit where Our Vehicles can be taken because We know these areas have challenging driving conditions.

1. You should always drive to the conditions, if You are unsure, check with the local authorities for restrictions and advice;
2. remember that roadside assistance may not be available or able to access some areas; and
3. some areas have limited telecommunications service, You may not be able to call for assistance.

The Vehicle must never be driven:

1. on an Unsealed Road unless the road is graded and well maintained and the condition off the road surface will not make the use of the Vehicle unsafe or expose it unreasonably to Damage;
2. Off Road or on any 4WD track; or
3. on any road or area where snow has fallen or is likely to fall.

The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:

1. roads that are prone to flooding or are flooded;
2. beaches, sand dunes, streams, rivers, creeks, salt lakes, dams and floodwaters or any area exposed to saltwater;
3. any road where the police or an authority has issued a warning;
4. any road that is closed; and
5. any road where it would be unsafe to drive the Vehicle.

   5 Your obligations
                                                                                   IMPORTANT NOTICE

1. You and any Authorised Driver must take all reasonable steps to ensure that the information supplied to Us at the Start of the Rental is accurate, complete and up-to-date and is not false or misleading.
2. In entering into the Rental Contract with You We have relied upon the information You and any Authorised Driver have provided to Us and:
   1. the wilful supply of false or misleading information, including false name, age, address, occupation or driver’s licence details; or
   2. acting in collusion with any other person to supply such false or misleading information, is a Major Breach of the Rental Contract.

1. At the Start of the Rental, before collecting the Vehicle and subject to clause 5.4, We will process a Pre-Authorisation to Your debit/credit card for $500 as security for the Rental Charges and other fees and charges incurred during Your rental,
2. A Pre-Authorisation means a temporary transaction where a set amount of funds from a credit card or debit card is put on hold. The funds are frozen in Your account in the event We need to process payment for Damage, or any outstanding charges after the Vehicle return such as for traffic infringement fees.
3. At the Start of the Rental:
   1. You must present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be copied or scanned by Us and You present must Your physical licence or an Australian state or territory digital licence that can be verified (photos and copies of a driver’s licence will not be accepted);
   2. You must also present Your passport and any other supporting documentation required by states and territories if You are an international renter who is not an Australian citizen; and
   3. fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us within one (1) hour of leaving the Rental Station.

for Prestige Vehicles:

1. We will process a Pre-Authorisation to Your debit/credit card for $1,000 as security for the Rental Charges and other fees and charges incurred during Your rental; and
2. Customers renting Prestige Vehicles are required to present two forms of identification, where one is a current driver’s licence. Examples of suitable additional identification include:
   1. a lease agreement;
   2. a utility bill;
   3. a telephone bill; and
   4. paperwork issued by a government agency such as Centrelink, ATO or Medicare.

For first time renters We reserve the right to process an increased Pre-Authorisation if You reside within 100 kilometres of the Rental Location that the Vehicle is being collected from and Your booking is not associated with a corporate account, insurance replacement vehicle or booking for a Commercial Vehicle, additional identification and payment requirements will apply to Your rental, in which case You will be required to produce;

1. a debit/credit card in Your name, together with current proof of address;
2. a Pre-Authorisation will be charged at the counter up to $1,000, regardless of Liability Reduction package purchased; and
3. two (2) examples of proof of address documentation are as follows:
   1. a lease agreement;
   2. a utility bill;
   3. a telephone bill; and
   4. paperwork issued by a government agency such as Centrelink, ATO or Medicare.

1. You must not smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent passengers from doing so.
2. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or
3. Our maximum cleaning fee and Loss of Use will be charged if We determine the Vehicle has been smoked in.

You must comply with all mandatory:

1. seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and
2. child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.

1. You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys, keyless start or remote door control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition or in the Vehicle when it is unattended.
2. In the event of a theft of the Vehicle, You must be able to produce the keys, keyless start or remote door control device to Us unless You can provide a reasonable explanation for being unable to do so.

You and any Authorised Driver must take reasonable care of the Vehicle by:

1. preventing it from being damaged or stolen;
2. making sure it is protected from inclement weather or floods;
3. using any security device fitted to, or supplied with, the Vehicle;
4. properly securing any goods, property or equipment carried in the Vehicle;
5. maintaining the engine and brake oils and coolant level and tyre pressures and checking them no less than on a weekly basis;
6. using the correct fuel type; and
7. making sure it is not overloaded by the number of persons or by the weight of goods carried and is within the Gross Vehicle Mass (GVM) and Gross Combination Mass (GCM) when towing trailers

1. If the Vehicle has a manual transmission, You must also take reasonable care to drive the Vehicle in accordance with the manufacturer’s recommendations and in accordance with safe driving practice, including engaging the clutch before starting the engine and when changing gear and not using the clutch to hold the Vehicle stationary on hills or steep inclines.
2. Unless there has been a mechanical failure in the Vehicle that is not the result of driver error, there is no free roadside assistance and no Damage Cover for Damage or Third Party Loss if these requirements are not strictly observed.

1. As noted in clause 2.2(c) for Prestige Vehicles, the minimum age is 25 years and You and any Authorised Drivers and must be fully licensed.
2. You must refill a Prestige Vehicle with the fuel required by the manufacturer being either a minimum of 95 octane unleaded fuel for petrol powered vehicles and diesel for diesel fuelled vehicles. For diesel vehicles You must also maintain the level of AdBlue.

1. You must inform Us immediately if:
   1. the Vehicle breaks down;
   2. any warning lights or messages becoming illuminated or displayed in the Vehicle;
   3. You see or become aware of low engine or brake oils, or engine coolant levels; or
   4. the Vehicle develops any fault during the Rental Period.
2. If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.

You must not:

1. make any repairs to the Vehicle;
2. let anyone else repair or work on the Vehicle; or
3. tow or salvage the Vehicle, without Our prior written authority.

1. Where We have given You Our prior authority to repair the Vehicle as the result of a breakdown or Vehicle fault, You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us.
2. There is no entitlement to reimbursement if the breakdown or fault was caused by an Accident or is the result of a Major Breach of the Rental Contract.

You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator unless You or a passenger has been injured and require medical attention or You are directed to do so by the police or emergency services.

We will provide a vehicle in the category You have selected but this does not guarantee a particular make and model of the Vehicle.

1. We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur.
2. If the Vehicle breaks down during the Rental Period You must contact Us on +61 0420 525 470 to arrange assistance.
3. Unless there has been a mechanical fault in the Vehicle that is not caused by driver error or You have purchased Our roadside assistance package, a call-out fee of $180 applies each time roadside assistance is required.

1. Unless Our roadside assistance package has been purchased, We are not responsible for:
   1. a flat battery, including in an electric Vehicle;
   2. wheel changing for a flat tyre;
   3. lost keys, keyless start or remote door control device; or
   4. keys, keyless start or remote door control device locked in the Vehicle.

   Extra charges will apply if any of these services are provided at Your request.

2. Even if Our roadside assistance package has been purchased, roadside assistance does not apply if:
   1. the incorrect fuel type is used; or
   2. the breakdown is caused by a Major Breach,

   and You are liable for any Damage caused.

Subject to The Australian Consumer Law, We are not responsible for:

1. flights You have missed;
2. holiday plans that are disrupted;
3. loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
4. loss of enjoyment; or
5. consequential or economic loss.

1. Electric Vehicles are supplied with a minimum 80% charge level and when returning an electric Vehicle You must ensure that the Vehicle battery charge level is no less than 80%.
2. If You return the Vehicle with a battery charge level of less than 80% You must pay the charging cost to bring it to that level, plus a service fee.
3. If the Vehicle is a plug-in hybrid, when returning the Vehicle, You must ensure the Vehicle battery charge level is no less than 80% and the fuel tank is full in accordance with clause 3.4. If You return the Vehicle with a battery charge level of less than 80% You must pay the charging cost to bring it to that level, plus a service fee and if the Vehicle is returned without a full tank of fuel a refuelling charge will apply.
4. The performance of the battery depends on the conditions under which it is operated, including the use of in-car features such as air conditioning. You must continually monitor the available range of an electric Vehicle and We are not liable or responsible for any shortfall of the battery capacity or range.
5. You must ensure there is sufficient charge level to complete Your journey because there is no cover for the recovery of an electric Vehicle with a flat battery and You are liable for all towing and recovery fees which will be charged to Your credit card.

1. An electric Vehicle must only be charged using the cables We supply and in strict compliance with the Vehicle manufacturer’s instructions. If You use any other cable, You will be responsible for any Damage that may arise.
2. You must never attempt to jump start an electric Vehicle with a flat battery and You must never use an electric Vehicle to jump start another vehicle.

1. Daily rental rates do not include the cost of electricity required to charge an electric Vehicle and You acknowledge that You are responsible for payment of all charging costs which will be debited to Your credit card.
2. You must return the charging cables and any key card used to operate an electric Vehicle at the End of Rental and if they are not returned or are damaged You will be charged the replacement costs.
3. If the electric Vehicle is supplied with a key card, You must ensure that it is kept safely in Your possession at all times and it must be returned at the End of Rental. If the key card is lost or damaged, You will be charged the replacement cost as there is no Damage Cover for lost or damaged key card.

If We have given Our approval for Our Vehicles to be use on a Commercial or Industrial Site, that use is subject to the additional conditions in this clause 8.

There is no insurance cover or Damage Cover for Vehicles used on a Commercial or Industrial Site so that whilst We retain ownership of the Vehicle all risk for the Vehicle passes to You on delivery and all Vehicles used on a Commercial or Industrial Site must be self-inured pursuant to clause 12.

1. Only Vehicles We have approved at the Start of the Rental may be used on a Commercial or Industrial Site and the location of the Commercial or Industrial Site must be show on the Rental Agreement.
2. Use of a Vehicle on a Commercial or Industrial Site that We have not approved is a Major Breach of the Rental Contract.
3. A Vehicle approved for use on a Commercial or Industrial Site may be used on Unsealed Roads and Off Road but at the End of the Rental the Vehicle must be returned to Us in the same mechanical condition as at the Start of the Rental, subject to Wear and Tear (as per Our Wear and Tear guide.)
4. You must:
   1. operate the Vehicle safely, strictly in accordance with the law, only for its intended use, and only for the purposes for which it was designed, constructed, registered or licenced; and
   2. ensure that:
      1. all persons operating the Vehicle are suitably instructed in the Vehicle’s safe and proper use;
      2. the operator of any Vehicle is not under the influence of alcohol or any drug that may impair their ability to operate the Vehicle;
      3. reasonable steps are taken to prevent Damages to the Vehicle when loading and unloading goods, that all loads are secured whist in transit and that all applicable legislation for Vehicle loading and the transportation of goods is followed; and
      4. all reasonable care is taken by the driver in handling and/or parking the Vehicle and that the Vehicle is left locked and/or securely stored when not in use.

1. Subject to clause 12 and clause 16, standard Damage Cover is included in the Rental Charges.
2. Subject to these Terms and Conditions and the level of Liability Reduction You have selected, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but for each Accident or theft claim You must pay:
   1. up to the Damage Excess shown on the Rental Agreement; and
   2. the cost of any items not covered by the Liability Reduction Package You have selected (see clause 10.2) unless clause 9.4 applies.

1. The Damage Excess payable under clause 10.1(a) and the cost of any items not covered by the Liability Reduction Package You have selected will be charged to Your debit or credit card as follows:
   1. for Single Vehicle Accidents:
      1. if the Vehicle has substantial Damage and We reasonably believe the cost of repairs or replacement cost will exceed the Damage Excess amount, the full Damage Excess; or
      2. if the Damage is not substantial, the amount We have reasonably estimated to be the cost of repair, but not more than, the Damage Excess;
   2. if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered, the full Damage Excess; and
   3. for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability but not more than the full Damage Excess.
2. Supporting documents and particulars of a claim for Damage and Third Party Loss will be forwarded to You as soon as practicable.

1. The Damage Excess payable for Damage and Third Party Loss does not include Loss of Use.
2. Claims arising from a serious Accident may therefore result in an amount payable that exceeds the Damage Excess.

You will not have to pay the Damage Excess shown in the Rental Agreement for a claim for Damage or Third Party Loss if all of the following apply:

1. You have fully completed a Damage Report Form with:
   1. the name, residential address, contact phone, email address and licence number of any person involved (Third Party);
   2. the registration number of all vehicles involved;
   3. an accurate written and diagrammatic description of the Accident and location; and
   4. the names of all attending police officers and the stations at which they are based; (
2. You have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
3. We believe You were not at fault for an Accident involving a Third Party;
4. You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and the insurer will agree to pay Us for the Damage; and
5. You are an Australian citizen and You hold an Australian driver’s licence.

1. We will refund any amount You have paid for the Damage Excess as soon as practicable:
   1. in full, if We recover the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss;
   2. in part, if the repair cost to the Vehicle is less than the amount You have paid;
   3. in part, if a claim for Third Party Loss is rejected or defended for an amount less than the Damage Excess; or
   4. on a pro rata basis if We recover only a proportion of any amount We have claimed against a Third Party for Damage.
2. In making a refund We may take into account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party Loss.

1. A claims handling fee ranging from $250 for claims for Single Vehicle Accidents and theft to $350 for multi-vehicle Accidents where the Accident involves other Vehicles or Third Party Loss applies to all Accident and theft claims and must be paid in addition to the Damage Excess and covers the administrative costs of handling Your claim, including arranging for repairs and towing and managing claims for Third Party Loss
2. It is payable at the time You lodge Your Accident or theft claim with Us and is not refundable.

Our Limited Liability Reduction Package provides:

1. a Damage Excess of $5,000 for Standard Vehicles and $7000 for Prestige Vehicles; and
2. basic liability protection for Vehicle Damage, theft and Third Party Loss that exceeds the Damage Excess as well as roadside assistance for breakdowns (subject to a call out fee) but it excludes:
   1. any cover for Damage arising from impacts with animals;
   2. hail and storm Damage;
   3. Damage to the Vehicle Interior or its windscreen and tyres,
   4. towage;
   5. keys;
   6. Loss of Use; and
   7. claims handling fees.

Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:

1. Damage or Third Party Loss arising from:
   1. a Major Breach of the Rental Contract;
   2. any deliberate, intentional, malicious or criminal act by You, an Authorised Driver or any person who is acting with Your express or implied consent;
   3. the use of the Vehicle by any driver who:
      1. is not an Authorised Driver;
      2. is less than 21 years of age or less than 25 years of age if driving a Prestige Vehicle; or
      3. more than 85 years of age;
2. Loss of Use;
3. Overhead Damage
4. Underbody Damage
5. Damage caused by:
   1. immersion of the Vehicle in water, including salt water; or
   2. use of the incorrect fuel type or incorrect charging cables;
6. damage to the tyres or rims of the Vehicle, other than by normal Wear and Tear; 
7. the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote door control devices tool kits, spare tyres and first aid kits;
8. Damage caused by use of the incorrect fuel type, oil or AdBlue;
9. Damage or Third Party Loss caused or contributed to by You where You leave the scene of the Accident prior to the attendance of the police or reporting the Accident to the police;
10. any loss, damage or deterioration of any goods or property carried in a Commercial Vehicle and You agree to fully indemnify Us for any loss, damage or deterioration of those goods or property unless it arises as a result of Our negligence; and
11. Damage caused by:
    1. use of the incorrect cables to charge an electric Vehicle;
    2. jump starting or attempting to jump start an electric Vehicle; or
    3. using an electric Vehicle to jump start another vehicle.

Your entitlement to Damage Cover will be reduced to the extent We are prejudiced as a result of any delay or failure by You or any Authorised Driver to comply with Your obligations under clause 12 and/or clause 16 of these Terms and Conditions.

There is also no Damage Cover for personal property in the custody of or owned by:

1. You;
2. Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
3. any relative, friend or associate of an Authorised Driver; or
4. Your employees,

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.

1. Unless there has been a mechanical fault in the Vehicle, standard roadside assistance does not cover Accident or breakdown related towing unless Gold or Platinum Liability Reduction have been selected. If no liability reductions have been selected You will be charged additional towing if this is required because the Vehicle has been involved in an Accident or there is a breakdown resulting from driver error.
2. Additional roadside assistance cover to waive breakdown related towing fees resulting from driver error is available.

1. If You have a commercial agreement with Us under which there is no insurance or Damage Cover for Damage or Third Party Loss arising from the use of the Vehicle, You must have and maintain a policy of insurance (Policy) that provides cover for Rental vehicles the subject of a Rental Agreement issued pursuant to that commercial agreement.
2. The Policy must provide:
   1. cover for Us and any Authorised Driver who is using a Vehicle for Damage to the Vehicle and the Vehicle’s market value if it is stolen and not recovered or written off as a result of an Accident; and
   2. indemnity to You or any Authorised Driver for any claim for Third party Loss arising from an Accident that occurs during the Rental Period.

You must

1. supply Us with a copy of the Policy and a certificate of currency that shows Mawson Lakes Car Rentals as an interested party; and
2. ensure that during the currency of the Policy:
   1. the premium is paid;
   2. You comply with the terms and conditions of the Policy, including payment of any excess payable under the Policy; and
   3. You notify Us immediately if the Policy lapses or is cancelled or any claim is rejected.

You indemnify Us and agrees to keep Us indemnified against any loss, claim, damage, liability, action or legal proceedings and all costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) in connection with the insurance of the Vehicle, including any claim for Damage to a Vehicle and any claim brought for Third Party Loss arising from an Accident that occurs during the Rental Period.

If the insurer of the Policy refuses to accept an insurance claim:

1. if there is any Damage to the Vehicle that is repairable You must pay Us the full Damage cost;
2. if the Damage to the Vehicle is so substantial that it is not repairable or it is lost or stolen and not recovered, You must pay Us for the loss of the Vehicle as at the date of the Accident or theft; and
3. You must pay any claim for Third Party Loss arising from an Accident that occurs during the Rental Period, within a reasonable time of it being made.

The Rental Agreement shows:

1. the Rental Period for which You have hired the Vehicle; and
2. the Rental Charges.

1. Any amendments to the booked date or time of pick-up or return of the Vehicle that are made prior to the Start of the Rental and which result in an increase or decrease in the booked Rental Period will be repriced at the market rate that applies on the date Your amendment is requested.
2. Early return of the Vehicle may also result in an adjustment of the daily rate to reflect the higher charges that apply to shorter rentals.

1. At the End of Rental You must return the Vehicle to the location specified, on the date and time shown in the Rental Agreement and a relocation fee is payable if the Vehicle is not returned to the correct location as shown on the Rental Agreement.
2. If You require the Vehicle for longer than the Rental Period, You must notify Us at least 24 hours prior to the expiration of the Rental Period. If You fail to do so, We may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
3. If You return the Vehicle:
   1. more than one hour after the time set for its return in the Rental Agreement, We will charge You one full day’s rental and a further full day’s rental at the current market rate, or booked daily rate, whichever is higher for each 24 hour period or part thereof, including liability waiver and additional extras until the Vehicle is returned to Us; or
   2. at any time other than during Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Location next opens for business and a final inspection of the Vehicle has been undertaken; or

At the End of Rental You must also pay for all amounts owing pursuant to clause 17.1(b) and any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable.

1. The Vehicle is supplied with a full tank of fuel and if You return the Vehicle without a full tank of fuel, you must pay the $3 per litre, as per 17.1 (b)(ii).

1. You and any Authorised Driver must pay:
   1. tolls (see clause 14);
   2. fines or charges imposed for parking;
   3. infringements and fines imposed for speeding and other driving offences; and
   4. fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
2. If We receive notification of any tolls, fines or infringements incurred by You during the Rental Period We will nominate You as the responsible driver and You will be charged an Administrative Fee of $50 for each nomination.
3. If We have paid any amount for which You are liable pursuant to clause 13.6(a), including fines issued to Us as a result of a failed nomination, You will be charged that amount together with a further Administrative Fee.
4. The Administration Fee will not be refunded in the instance where You are successfully able to overturn or appeal Your infringement with the relevant authority.

If the Vehicle is returned to Us in an excessively dirty state, the Vehicle Interior is soiled or there is an offensive smell, including as a result of a breach of clause 5.5 You will be charged a cleaning and deodorising fee of up to $300 and any Loss of Use.

All payments by credit or debit card may incur a payment surcharge of 1.5%.

If any amount is due to Us or remains unpaid, including the Damage Excess payable under clause 9.1(b) or the cost of items not covered by the Liability Reduction Package You selected, by signing the Rental Agreement You authorise Us to debit Your debit/credit card with that amount within a reasonable time after the End of the Rental.

1. By entering into the Rental Contract, You have agreed to pay all of the amounts owed to Us under the Rental Contract.
2. Acting reasonably, We may decline all future hires if there is any default in payment of amounts due under the Rental Contract that exceeds a period of 14 days.
3. If You default in the payment of any moneys owed to Us under the Rental Contract:
   1. You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting seven (7) days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
   2. We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
   3. You authorise Us to provide information of that default to a credit reporting body and to obtain an up-to-date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

You may add one additional driver to Your booking free of charge. All subsequently added drivers will be charged at $10 per driver per booking.

Number plate recognition is used to identify the Vehicle when it is used on a toll road and is linked to Your reservation.

1. You must pay:
   1. all tolls and associated charges incurred in connection with Your use of a toll road; and
   2. a service fee of $5.00 per toll.
2. Your debit/credit card on file will be automatically billed for these tolls, charges and fees.

We do not allow domestic pets to ride in Our Vehicles, but do allow accredited or trained assistance animals.

1. Although We do not charge an extra fee for accredited or trained assistance animals, You will incur an additional charge for any Damage caused by accredited or trained assistance animals, or any special cleaning required as a result of shedding or Accidents.
2. Transport of accredited or trained assistance animals within the Vehicle and the use of an appropriate restraint, container or crate is entirely Your responsibility. Please be aware that government regulation also applies.

1. If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must:
   1. contact Us to report the Accident or theft as soon as practicable, but in no case more than 24 hours of it occurring; and
   2. subsequently fully complete a Damage Report Form as soon as practical, access the electronic form and complete all relevant information relating to the damage to the Vehicle. 
2. The Damage Report Form should include as much information as is reasonably practical, including:
   1. the information listed in clause 16.3 regarding the contact details for the other driver and witnesses and an accurate written and diagrammatic description of the Accident and its location; and
   2. the circumstances under which the Accident or theft occurred.
3. The Damage Report Form must be submitted to Us:
   1. within 72 hours of the Accident or theft, or upon the return of the Vehicle if it is returned to Us within that 72 hour period; or
   2. if the Vehicle is stolen, immediately the theft of the Vehicle is reported to the police.

1. 1. any person is injured;
   2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
   3. the other party appears to be under the influence of drugs or alcohol, You or the Authorised Driver must also report the theft or Accident to the police as soon as:
      1. the theft is discovered; or
      2. it is practical to do so after an Accident.
2. We also recommend that if there is uncertainty about who is at fault for an Accident You call the police.

If You or an Authorised Driver have an Accident You and the Authorised Driver must:

1. make the Vehicle secure;
2. exchange names and addresses, phone numbers and email addresses with the other driver;
3. obtain the name of the other driver’s insurance company;
4. take a photo of the other driver’s licence;
5. take the registration numbers of all vehicles involved;
6. take as many photos as is reasonable showing:
   1. the position of the Vehicles before they are moved for towing or salvage;
   2. the Damage to the Vehicle;
   3. the damage to any third party vehicle or property; and
   4. the general area where the Accident occurred, including any road or traffic signs; and
7. obtain the names, addresses, phone numbers and email addresses of all witnesses.

At the End of the Rental You must:

1. return the Vehicle:
   1. to the Rental Location;
   2. on the date and by the time shown in the Rental Agreement;
   3. in the same condition it was in at the Start of Rental, fair Wear and Tear excepted;
   4. in a reasonable state of cleanliness;
   5. returned to the depot nominated on Your agreement; and
   6. with a full tank of fuel or with a battery charge level of no less than 80% if the Vehicle is an electric vehicle; and
2. pay:
   1. the Rental Charges, including any adjustment for extra kilometres;
   2. a refuelling charge of as per Rental Agreement;
   3. recharging costs of an electric Vehicle;
   4. the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
   5. any costs We incur, including extra cleaning and deodorising costs under clauses 13.7 or 15.2 in reinstating the Vehicle to the same condition it was in at the Start of Rental, Wear and Tear excluded;
   6. for all Damage, theft of the Vehicle and Third Party Loss arising from a Major Breach of the Rental Contract;
   7. for all Damage and Third Party Loss for which Damage Cover is excluded pursuant to clause 11.1 or reduced pursuant to clause 11.2.
   8. for all Overhead Damage;
   9. for all Underbody Damage; and
   10. for any Damage caused by the immersion of the Vehicle in water.
   11. Loss of Use

1. We will take reasonable steps to conduct a post rental inspection in Your presence; and
2. If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within one (1) Business Day and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.

1. If You fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement:
   1. We may terminate the Rental Contract;
   2. if the location of the Vehicle is known, We may recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, We will report the Vehicle to the police as having being stolen; and
   3. You must pay any towing or recovery fees incurred in the Vehicle’s recovery.

      2. If the Vehicle is left at any other place than the Rental Station from which it was hire.

2. 1. the termination of the Rental Contract will take effect only after the Vehicle has been collected by Us and an inspection for Damage has occurred; and
   2. You are responsible for Damage to the Vehicle up until this time of the collection and inspection. Loss Of Use)

You and any Authorised Driver commit a Major Breach of the Rental Contract if:

1. there is a breach of any of the following:
   1. clause 2 (who may drive the Vehicle);
   2. clause 3 (prohibited use);
   3. clause 4 (prohibited areas of use);
   4. clause 5.1 (false and misleading information);
   5. clause 5.7 (Vehicle to be locked and keys kept in Your possession);
   6. clause 5.8 (reasonable care);
   7. clause 5.9 (Vehicles with manual transmission);
   8. clause 5.10 (special conditions for Luxury Vehicles;)
   9. clause 5.11 (notification of Vehicle fault);
   10. clause 5.12 (repair without authority);
   11. clause 7.2 (charging an electric Vehicle); or
   12. clauses 8.3(b) or 8.3(d) (Commercial or Industrial Site use,)

       that causes Damage, theft of the Vehicle or Third Party Loss;

2. there is a breach of:
   1. clause 16 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
   2. clause 21.2(c) (tampering with, or removal of, the Tracking Device); or
3. the Vehicle is stolen by You or an Authorised Driver or by any person acting for You, at Your direction or on Your behalf.

If You or any Authorised Driver:

1. commit a Major Breach of the Rental Contract; or
2. drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,

You and any Authorised Driver have no Damage Cover and are liable for:

1. Damage, theft of the Vehicle and Loss of Use;
2. Third Party Loss; and
3. all towing and additional costs or expenses We incur in recovering the Vehicle.

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:

1. there has been a Major Breach;
2. there has been a breach of clause 18.2(b);
3. the Vehicle has been illegally parked for longer than 24 hours; or
4. the Vehicle is apparently abandoned.

If the Rental Contract is terminated:

1. it will not affect Our right to receive any money We are owed under the Rental Contract; and
2. You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing damage.

We may terminate the Rental Contract if:

1. You become bankrupt, insolvent, convene a meeting with Your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of Your creditors; or
2. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any of Your assets.

You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.

You acknowledge that:

1. the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Vehicle;
2. We have a Security Interest in the Vehicle and the Vehicle will at all times remain subject to that Security Interest; and
3. We may register the Security Interest on the Personal Property Securities Register.

1. The Privacy Policy forms part of the Rental Contract.
2. When We collect Your Personal Information, We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
3. We take reasonable steps to make sure Your Personal Information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

1. To maintain and protect the Vehicle We may fit a Tracking Device to the Vehicle to enable Us to monitor the condition, performance and operation of the Vehicle and to track the Vehicle’s movements.
2. Information from the Tracking Device may be used during and after the Rental Period. When You sign the Rental Agreement, You expressly consent to Us:
   1. using the Tracking Device on the Vehicle during the Rental Period; and
   2. collecting, using and retaining information from the Tracking Device for the purposes referred to in clause 21.2(a) and in accordance with Our Privacy Policy.
3. You must not tamper with the Tracking Device or remove it from the Vehicle.

1. The technology associated with electric and plug-in hybrid vehicles means that data is generated and used in ways that are different to vehicles that are not equipped with this technology. Electric and plug-in hybrid vehicles may collect data regarding usage of the Vehicle, including charging information, location data, diagnostic data, app data (if applicable), autopilot data (if applicable) and other general analytic data.
2. You should read the privacy policy of the manufacturers of the specific electric or plug-in hybrid Vehicle that You hire from Us in order to understand how data generated by Your use of the Vehicle may be collected and used by the Vehicle manufacturer.
3. By using an electric or plug-in hybrid Vehicle provided by Us, You consent to the collection of Vehicle data as set out above. You may refuse to consent to this data collection and sharing at any time, but this may prevent Us from providing You with an electric or plug-in hybrid Vehicle.

In these Terms and Conditions:

Accident means an unintended, unexpected and unforeseen incident, including:

1. a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
2. rollovers; and
3. weather events, including hail Damage,

   that results in Damage or Third Party Loss.

Administrative Fee means a fee of up to $50 including GST for the administrative costs associated with Your rental.

Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.

Commercial Vehicle means a Vehicle that is a van, utility, truck or bus that is constructed and used for the carriage of goods or property or for the transport of more than 12 persons including the driver.

Damage means:

1. any loss or damage to the Vehicle including its engine, parts, components and accessories, including the GPS unit, however caused that is not fair Wear and Tear; and
2. assessing fees,

and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair Wear and Tear.

Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 9, subject to the Damage Cover Exclusions in clause 11.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered.

Damage Report Form means the document You must complete and submit to Us if there is Damage to the Vehicle or it has been stolen.

End of the Rental means the date and time shown in the Rental Agreement when the rental ends and by which date and time the Vehicle must be returned to Us.

Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the time of the inspection.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen and not recovered and is additional to Your Damage Excess liability in the event of an Accident or theft and additional to Your Damage liability if there has been a Major Beach.

Prestigey Vehicle means one off Our fleet of European vehicles with premium features and amenities, as shown on the Rental Agreement

Major Breach means a breach of any of the clauses listed in clause 18.1.

Commercial or Industrial Site means any non-residential site We approved prior to the Start of the Rental where commercial, construction or industrial activities are carried on and includes but is not limited to mine sites, wind farms and civil construction sites, including processing plants and infrastructure associated with, or connected to, commercial or industrial activities at that location.

Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Overhead Damage means:

1. Damage to the Vehicle;
2. Damage to any part of the pantech or box section of a Commercial Vehicle that is used for the carriage of goods or passengers; or
3. Third Party Loss,

   caused by:

   1. contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
   2. objects being placed on the roof of the Vehicle; or
   3. You or any person standing or sitting on the roof or bonnet of the Vehicle.

Personal Information has the same meaning as in the Privacy Act 1988 (Cth).

PPSA means the Personal Property Securities Act 2009 (Cth).

Pre-Authorisation means a temporary transaction where a set amount of funds from Your credit card or debit card is put on hold. The funds are frozen in Your account in the event We need to process payment for Damage, or any outstanding charges after the return of the Vehicle, such as traffic infringement fees, fines and tolls.

Privacy Policy means Our Privacy Policy.

Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Rental Location means the location from which the Vehicle is rented, as shown on the Rental Agreement.

Single Vehicle Accident means a collision between the Vehicle and another object when no other moving vehicle is involved and includes impacts with animals, roadside infrastructure, buildings, rollovers and impacts with any stationary object including other parked vehicles.

Snow Cover means the additional cover that allows the Vehicle to be driven on sealed roads above the Snow Line.

Snow Line means:

1. the alpine regions and snowfields in Victoria (commencing at Bright) and New South Wales (commencing at Jindabyne) between 1 June and 31 October;
2. any area in Tasmania that receives snow; or
3. any area where it is indicated or required that snow chains are to be fitted to the Vehicle.

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

The Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Tool of Trade means use of the Vehicle for excavating, digging, grading, scraping, drilling, lifting, pumping, spraying, vacuuming and other mechanical work, other than for:

1. loading and unloading goods onto or from the Vehicle, by use of a crane mounted on the Vehicle;
2. transit to, from, or within, a worksite; or
3. transport or haulage.

Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.

Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means the Vehicle or Prestige Vehicle described in the Rental Agreement and includes its parts, tools, components, electric vehicle batteries, accessories, keys, keyless start or remote door control device, audio equipment, GPS Tracking Device, child restraints, spare tyre and first aid kit (if fitted) and includes any replacement Vehicle.

Vehicle Interior means coverage related to:

1. additional cleaning costs except due to events specified in the agreement that are not covered (applies to stains and odours);
2. Accidental interior damage as a result of an external impact;
3. Accidental Damage to carpet or upholstery including tears, cuts, scratches, holes and burns.

We, Us, Our, means Mawson Lakes Car Rentals ABN 7961 340 4211.

Wear and Tear means the normal deterioration of a vehicle due to everyday use. See our Wear and Tear Guide here for more information.

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.

In these Terms and Conditions, unless the context otherwise requires:

1. headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and
2. where You comprises two or more persons each is bound jointly and severally.