This is an agreement between the Hirer (“You”) and the Central Desert NT Pty Ltd (“the Company”), ABN: 72 605 896 311 identified on The Rental Agreement, to rent the motor vehicle (“the Vehicle”) described on the Rental Agreement including all its accessories, tools, tyres and equipment as well as any replacement vehicle.
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 it’s tools, tyres, accessories and equipment on the date place specified on the Rental Agreement (or sooner, if demanded by the Company). 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 kms per day at 50c 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, the company must be notified and it must agree to such extension in writing, otherwise the Vehicle will be immediately reported to the police as stolen. Vehicles returned prior to cessation of hire term will not be eligible for refund.
(a) A person who is not identified on the Rental Agreement as either the Hirer, Joint Hirer or Authorised Driver
(b) A person who is not licensed to drive the hired class of vehicle
(c) A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle
(d) A person who is driving the Vehicle whilst under the influence of a drug
(e) A person who has given or for whom You have given a false name, age, address or driver’s licence details;
(f) A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years
(g) A person who has held a drivers licence for any class of vehicle for less then two years
(h) A person who uses or intends to use the vehicle for an illegal purpose
(a) Any unsealed roads or off-road conditions unless authorised by the Company on the Rental Agreement. Charges may apply.
(b) The carriage of any persons for hire or the cartage of any inflammable, explosive or corrosive materials
(c) Pushing or towing any vehicle, trailer, boat or other object unless the Company has authorised such use in writing
(d) The carriage of any greater load and/or persons and/or for a purpose for which the Vehicle was designed and constructed
(e) The carriage of any animal in the Vehicle unless authorized in writing or noted on the Rental Agreement in SPECIAL CONDITIONS.
(f) The use of the Vehicle for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities.
(g) The use of the Vehicle in a dangerous manner.
(h) The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
NOTE The Hirer/Joint Hirer and Authorised Driver are jointly and severally liable for compliance with the Terms and Conditions of this agreement.
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:
(a) The rental charges specified on the Rental Agreement.
(b) 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
(c) All loss or damage 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 as a result 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. $5000 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
(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
(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
If you have paid 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 on a daily basis on all outstanding accounts or charges payable in accordance with the Agreement, such interest to be compounded from the end of the rental period.
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 Vehicle 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:
(a) You paying the Insurance Excess as agreed on the Rental Agreement
(b) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement
(c) You and/or the Authorised Driver not being covered under any policy of insurance; and
(d) You providing such information and assistance as may be requested by the company or anyone acting on behalf of the company
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
(a) 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
(b) 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
(c) You and the Authorised Driver acknowledge that the company relies on the truth of your/the Authorised Driver’s representations in this Agreement
(d) You and the Authorised Driver will not refuse of fail to take any blood analysis or breath test requested by the police
(e) 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
(f) 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 it’s 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
(g) No right of the company under this Agreement can be waived except by writing of an authorized officer of the company.
(h) Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, and noted on The Rental Agreement
(i) 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 set-off of any other amount and is payable to the company on demand
(j) 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 lein on the Vehicle for repairs.
(k) 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.
(l) You acknowledge that the company has not in any way represented itself to You as an entity carrying on a business of insurance
(m) 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
The Vehicle must be returned with the amount of fuel equal to that at time of rental. If the Vehicle is returned with less 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.
No smoking in the vehicles at any time. Charges will apply.