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Rental Terms

These Rental Terms, together with any Rental Form provided to a Customer, set out the agreement (this Agreement) under the terms of which the Customer or the company which the Customer represents (the Customer, you, your) will rent the Vehicle from Cabinda Pty Ltd ABN 84 050 166 277 T/A Horizon Car Rental (the Car Hire Company, us, our).

1. RENTAL FORM, THIS AGREEMENT

  1. These Rental Terms will apply to all the Customer’s dealings with the Car Hire Company, including being incorporated in all agreements, quotations or orders under which the Car Hire Company is to rent a Vehicle to the Customer (each a ‘Rental Form’) together with any additional terms included in a such Rental Form (provided such additional terms are recorded in writing).
  2. The Customer will be taken to have accepted this Agreement if:
    1. the Customer accepts a Rental Form; or
    2. if the Customer orders, accepts or pays for any vehicle provided by the Car Hire Company after receiving or becoming aware of this Agreement.
  3. By accepting this Agreement, the Customer acknowledges and warrants that:
    1. the Customer has read, understood and agree to these Rental Terms; and
    2. the Customer:
      1. has a valid driver’s licence of a licence class that permits the Customer to drive the Vehicle;
      2. will provide copies of the Customer’s valid driver’s licence/s to the Car Hire Company before renting any Vehicle;
      3. must have a licence in English (if they have an international licence), or have their licence be accompanied by a valid English international driving permit; and
      4. has the legal capacity to enter into this Agreement.
  4. In the event of any inconsistency between these Rental Terms and any Rental Form, the clauses of these Rental Terms will prevail to the extent of such inconsistency, except for any terms in the ‘Special Conditions’ within a Rental Form, which will prevail over the Rental Terms to the extent of any inconsistency.

2. RENTAL

  1. The Car Hire Company rents to the Customer and the Customer accepts from the Car Hire Company the rental of the Vehicle upon and subject to the provisions of this Agreement.
  2. The Car Hire Company rents the Vehicle to the Customer on the terms of this Agreement in consideration for the Customer’s acceptance of the terms of this Agreement, including the Customer’s agreement to pay any fees that become payable under this Agreement.
  3. If the Customer has added to the Hire Agreement the inclusion of a Baby Car Seat or Child Booster Seat the Customer accepts the inclusion subject to the conditions set out in section 8 of The Agreement and acknowledges that the Car Hire Company will not install the Baby Car Seat or Child Booster Seat nor does The Car Hire Company warrant the suitability of such seats for The Customers use.

3. CONTACTLESS COLLECTION

  1. Where the Rental Form stipulates that Contactless Collection applies, the Customer shall be required to undergo identity verification procedures as determined by the Car Hire Company prior to the Start Date. Such verification may include, but is not limited to, providing a valid driver’s licence and any other documentation deemed necessary by the Car Hire Company via the booking method used or email.
  2. Upon successful completion of identity verification and payment of all applicable Fees in advance, the Car Hire Company shall provide the Customer with detailed instructions for the collection of the Vehicle, including access codes for entry and exit at the named Pickup/Return Address.
  3. The Customer acknowledges that all Fees must be paid in full prior to the release of collection details and access codes in accordance with clause 3(b).
  4. The Customer agrees to promptly notify the Car Hire Company via email of their acceptance of the vehicle inspection report following collection. Any disputes regarding the condition of the vehicle must be raised by the Customer within a reasonable timeframe specified by the Car Hire Company.
  5. The customer agrees to pay a charge of $100 if they fail to advise the location of the vehicle when prompted or fail to lock the car and/or lockbox upon return. The fee will also be charged if a customer fails to leave the terminal carpark ticket in the car during an airport return. The customer also agrees that if a car is left unlocked/unsecured and the car is stolen all liability reduction options if applicable are void and the customer is fully liable for compensating loss of monies.
  6. The Vehicle must only be collected, driven, and returned by the Renter and any additional drivers approved and listed on the Rental Agreement. If Horizon Car Rentals reasonably determines, including by review of CCTV footage, that a person other than the approved driver(s) has collected, driven, or returned the Vehicle, this constitutes use of the Vehicle by an unauthorised driver. In making this determination, Horizon Car Rentals may compare the individual observed on CCTV with the approved driver details provided at booking, including but not limited to general physical characteristics and appearance as shown on identification documents supplied by the Renter. If an unauthorised driver is identified collecting or returning the Vehicle, an Unauthorised Driver Fee of $300 will apply. The Renter authorises Horizon Car Rentals to charge this fee to the payment method on file or deduct it from any pre-authorised bond. The return or collection of the Vehicle by a third party does not imply approval for that person to drive the Vehicle.

4. PAYMENT

4.1 FEES

The Customer must pay the Fees to the Car Hire Company, in the amounts and at the times set out in the Rental Form or as otherwise agreed in writing.

4.2 TIME FOR PAYMENT

Unless otherwise agreed in writing, if the Car Hire Company issues an invoice to the Customer for any Fee, payment must be made by the time(s) specified in such invoice.

4.3 PAYMENT METHOD

The Customer must pay Fees using the fee payment method specified in the Rental Form.

4.4 ONLINE PAYMENT PARTNER

The Car Hire Company may process payments using an online payment partner (Online Payment Partner). In addition to this Agreement, the Customer’s hire of the Vehicle will be subject to the terms and the privacy policy of the Online Payment Partner, including any ‘no refunds’ or ‘disputes’ policies, available on the Online Payment Partner’s website.

4.5 GST

Unless otherwise indicated, amounts stated in a Rental Form do not include GST. In relation to any GST payable for a taxable supply by the Car Hire Company, the Customer must pay the GST subject to the Car Hire Company providing a tax invoice.

4.6 CARD SURCHARGES

The Car Hire Company reserves the right to charge credit card surcharges in the event payments are made using a credit, debit, or charge card (including Visa, MasterCard, or American Express).

4.7 CREDIT CARD STORAGE

The Customer authorises the Car Hire Company to store the Customer’s credit card details for use at a later date if required in relation to any additional charges set out in this Agreement or loss or damage to the Vehicle caused or contributed to by the Customer.

4.8 LATE PAYMENT – PAYMENT PLAN

If a payment plan is agreed upon and the Customer fails to make any scheduled payment by the due date, the standard daily rental rate shall accrue and compound as a late fee for each day the payment remains outstanding. This late fee shall be in addition to any amounts already owed under the agreement.

4.9 EXTENSION LATE PAYMENTS

If the customer extends the rental but fails to pay the extension payment request prior to the rental end time, the customer must pay a late charge as follows:

  1. Up to 1 hour late: no charge
  2. 1-2 hours late: 50% of the daily rental fee
  3. Over 2 hours late: The standard daily rental rate shall accrue and compound as a late fee for each day the payment remains outstanding. This late fee shall be in addition to any amounts already owed under the agreement.

4.10 PAYMENTS FOR FUTURE BOOKINGS

  1. Bookings made 14 days or less before the rental start date: 100% payment required to secure the booking.
  2. Bookings made 15–30 days before the rental start date: 20% deposit required.
  3. Bookings made more than 30 days before the rental start date: 10% deposit required.
  4. Remaining balance paid 3 days prior to the rental start date and time.

If the payment is declined, the customer will be sent an invoice link and will have 24 hours to complete payment. Failure to pay within this timeframe will result in the reservation being cancelled. A refund will be issued minus a 50% cancellation fee in line with the cancellation policy, and the reserved vehicle will be released.

4.11 NON-PAYMENT
In the event of non-payment, you agree that Horizon Car Rentals may refer your outstanding debt to EC Credit Control Australia. Further, you acknowledge that this will result in additional fees and charges being added to your outstanding balance, and that EC Credit Control Australia may take legal action to recover the debt.

5. VEHICLE USE

5.1 PICK-UP AND RETURN

  1. The Car Hire Company will leave the Vehicle at the Pick Up Address on the Start Date.
  2. Subject to clause 17, the Customer must on the Return Date, return the Vehicle to the Car Hire Company at the Return Address in the same condition as it was in on the Start Date at the time stated on the rental agreement.
  3. For the purposes of this clause, ‘same condition’ means the same state (excluding ordinary wear and tear) and complete with all the tools, tyres, accessories and Equipment and in the same state of cleanliness as the Vehicle was on Start Date.
  4. If the Customer does not return the Vehicle to the Return Address at the time stated on the rental agreement the Customer must promptly pay the Late Charge applicable as follows:
    • Up to 1 hour late: no charge.
    • 1 – 2 Hours Late: 50% of daily rental fee.
    • Over 2 hours late: 100% of daily rental fee.

    More than 24 hours late: $100 fee plus 100% of daily rental fee. This charge will accrue for each additional day the vehicle is not returned.

5.2 VEHICLE INSPECTION REPORT

  1. Prior to the Customer’s collection of the Vehicle, the Car Hire Company will inspect the Vehicle and document any existing damage, including by taking photographs where appropriate. The Customer will also have the opportunity to inspect the Vehicle at the time of collection and may take their own photographs or videos of the Vehicle for their records. The Customer may provide any photographs or videos taken by them to the Car Hire Company by email or through the online check in process, where available, for their own peace of mind. The Customer may also request copies of the inspection photographs taken by the Car Hire Company at any time for their review.
  2. If the Vehicle is collected in poor light, bad weather or any other condition that may reasonably affect the Customer’s ability to clearly inspect the Vehicle, the Customer may take photographs or videos of the Vehicle and provide them to the Car Hire Company by email or through the online check in process, where available, within 60 minutes of the Vehicle leaving the Pick Up Address.
  3. By taking possession of or first using the Vehicle, the Customer acknowledges and agrees that:
    1. the Customer has had the opportunity to inspect the Vehicle prior to first using the Vehicle;
    2. the Car Hire Company has inspected the Vehicle prior to collection and has documented the condition of the Vehicle, including any existing damage where applicable;
    3. the Customer has had the opportunity to take their own photographs or videos of the Vehicle for their records and may provide those photographs or videos to the Car Hire Company by email or through the online check in process, where available;
    4. the Car Hire Company’s inspection records, photographs and any photographs or videos provided by the Customer will be used, where relevant, to assist in determining the condition of the Vehicle at the commencement of the rental; and
    5. unless the Customer provides photographs, videos or written notice to the Car Hire Company within the timeframe specified in clause (b), the Vehicle will be taken to have been provided to the Customer in the condition documented by the Car Hire Company prior to collection.
  4. The Car Hire Company will inspect the Vehicle as soon as it has been returned. If, the Vehicle has any scratches, scuffs or any other marks or damage not recorded on the Vehicle Inspection Report (fair wear and tear excepted) (New Damage), the Car Hire Company will provide:
    1. notice of the New Damage to the Customer;
    2. a photo of the New Damage to the Customer; and
    3. an itemised estimate of the cost of repairing the New Damage.
  5. The Customer is liable for and agrees to pay for the cost to repair the New Damage.
  6. Where New Damage is identified following the return of the Vehicle and excess reduction options are not applicable, Horizon Car Rentals may, acting reasonably, retain the Security Deposit, any payment method on file, or both, for the estimated cost of repairs, associated losses, administration costs, towing costs, assessment fees or any other amounts recoverable under this Agreement. Prior to or as soon as reasonably practicable after processing such charge, and in any event within seven (7) days of the Vehicle inspection, Horizon Car Rentals will provide the Customer with:
    1. photographs or other evidence of the New Damage;
    2. an itemised estimate, quotation or assessment of the anticipated repair costs and associated charges; and
    3. notice of the amount charged.

    The Customer may dispute the damage assessment or amount charged by providing written notice to Horizon Car Rentals within seven (7) days of receiving the information referred to above. Horizon Car Rentals will consider any dispute in good faith and may request further information from the Customer.

    If the final repair costs or recoverable losses are less than the amount charged, Horizon Car Rentals will refund the difference within a reasonable time after the final amount is determined.

    If the final repair costs or recoverable losses exceed the amount charged, the Customer remains liable for the balance and authorises Horizon Car Rentals to charge any outstanding amount to the payment method on file or recover the amount as a debt.

5.3 USE

  1. The Customer must ensure that the Vehicle is only used:
    1. in a proper and skilful manner, by either the Customer or an Additional Driver;
    2. additional drivers MUST be noted on the Rental Agreement and are charged at $10.00 per additional driver, apart from the first which is free of charge;
    3. in accordance with the Vehicle manufacturer’s requirements, recommendations and instruction manuals; and
    4. in accordance with all Laws, rules and regulations applicable to the Vehicle and its use.
  2. The Customer must not, and must not allow any third party to:
    1. use the Vehicle for any dangerous or illegal purpose, contest or performance test;
    2. allow any person except the Customer and, if applicable, any Additional Drivers to operate the Vehicle;
    3. use, or allow the Vehicle to be used, while the driver is under the influence of alcohol or drugs;
    4. use the Vehicle, or allow the Vehicle to be used, when it is damaged or unsafe;
    5. Allow pets or animals of any kind in the vehicle unless allowed by Law.
    6. drive the Vehicle on an unsealed road, with the exception of access roads made of gravel, if they are no longer than 50 metres in length and if the speed of the Vehicle on such roads does not exceed 10 kilometres per hour;
    7. use the Vehicle, or allow it to be used, to carry passengers for payment of any kind;
    8. make any alterations to the Vehicle;
    9. affix or install any accessories, equipment or device on or to the Vehicle without the Car Hire Company’s prior written consent; or
    10. use the Vehicle for the conveyance or towing of any load unless the Customer receives the Car Hire Company’s prior written consent and the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured.
  3. The Customer must:
    1. keep any records in relation to the use of the Vehicle reasonably required by the Car Hire Company, as notified to the Customer from time to time; and
    2. when the Vehicle is unattended, keep it locked and keep the keys under the Customer’s, or if applicable, the Additional Driver’s control at all times.

5.4 CLEANLINESS

  1. The Customer acknowledges that the Vehicle is rented out to the Customer in a clean condition. The Customer must return the Vehicle in the same state of cleanliness (inside and out) it was in on the Start Date (Clean). If the Vehicle is not Clean upon return, a cleaning fee will apply as set out in the Rental Form or otherwise provided to the Customer by the Car Hire Company (Cleaning Fee).
  2. The Cleaning Fee charged to the Customer will be the Car Hire Company’s reasonable costs of ensuring the returned Vehicle is Clean, as reasonably determined by the Car Hire Company and which may exceed either Flat Cleaning Fees.
  3. Without limiting any other clause in this Agreement, if the returned Vehicle is not Clean, the Car Hire Company may charge the Customer one of the Flat Cleaning Fees, being:
    1. if the Vehicle is driven off-road (confirmed via our tracking device), the Off-Road Cleaning Fee of $150.00, and
    2. if the Vehicle requires a standard clean (e.g. if there is excessive dirt in the Vehicle), the Standard Cleaning Fee of $195.00, and
    3. if the Vehicle requires extensive cleaning or detailing (e.g. if there are stains on upholstery), the Extensive Cleaning Fee of $295.00, and
    4. if the baby car seat or child booster seat requires cleaning the fee will be $50.00.
  4. The Customer is responsible for removing all personal items and/or food from the Vehicle prior to returning it. The Car Hire Company has no responsibility for any personal items that are in the Vehicle upon return.
  5. Horizon Car Rentals maintains a strict No Smoking Policy across all vehicles in our fleet. This includes, but is not limited to, cigarettes, cigars, e-cigarettes, and vaping devices. A cleaning fee of $400 will apply if there is any evidence of smoking found in the vehicle upon return. Evidence may include (but is not limited to):
      1. Smoke or tobacco odour inside the vehicle.
      2. Ash or cigarette remnants in or on the seats, floor, vents, or cup holders.
      3. Burn marks or damage to upholstery or interior components.

5.5 USERS

The Customer agrees:

  1. to ensure that any user of the Vehicle will at all times be qualified and appropriately trained and licenced to use the Vehicle; and
  2. that they are responsible for the acts and omissions of any other person they allow to use the Vehicle.

5.6 LICENCE

The Customer warrants that:

  1. they have a full Australian driver licence or equivalent overseas full driver licence (not a learner or provisional licence) that enables The Customer to legally drive on Australian roads and each Additional Driver has a full Australian licence or equivalent overseas full licence (not a learner or provisional licence); and
  2. no person may use the Vehicle without a full Australian driver licence, without express written permission from the Car Hire Company.

5.7 INTERSTATE OR KANGAROO ISLAND TRAVEL

Customers must notify the rental company in advance if they intend to travel to Kangaroo Island or outside of South Australia. Such travel incurs a higher daily rental rate. If notification is not provided, the higher variable daily rate will be automatically calculated and deducted from the customer’s bond or charged to the credit card on file. In addition, failure to notify the car hire company of interstate or KI travel will void all chosen excess reduction options.

5.8 VEHICLE ABANDONMENT

If a guest abandons a vehicle, without notice given to the car hire company or returns the car to a location that is not agreed upon, a vehicle collection fee will apply. This fee will be variable based on price for collection and relocation and is at the sole discretion of the car hire company.

5.9 KILOMETRE LIMIT – SPORT SERIES

The kilometre limit for sport series cars is 150km/day. Travelling over the limit will result in a $2/km over the limit charge.

6. BREAKDOWNS

  1. If the Vehicle breaks down during the Rental Term, or otherwise in the possession of the Customer or any Additional Driver, then:
    1. the Customer must immediately notify us of the breakdown;
    2. the Customer must not attempt to use the Vehicle; and
    3. after we receive the Customer’s notification, we may arrange for the Vehicle to be towed to the closest repair centre or contact roadside assistance.
  2. If the Vehicle breakdown was not caused or contributed to by a breach of this agreement, or otherwise caused or contributed to by the Customer, or any Additional Driver, then:
    1. if repairs cannot be completed within a reasonable time, we will endeavour to replace the Customer’s Vehicle with a similar model and, if such a replacement is not possible, we will provide the Customer with a refund to the value of the remainder of the Rental Term; and
    2. any refund under this clause is not an admittance of fault by the Car Hire Company.

7. ACCIDENTS

If the Vehicle is involved in a road accident or claim during the Rental Term, or if damage or loss is sustained to the Vehicle or the property of any third party in connection with the Vehicle, the Customer must:

  1. promptly report the incident to the local police (if required by Law);
  2. promptly report the incident in writing to the Car Hire Company of the accident or theft within 24 hours. If this is not done the customer will not be entitled to any reduced waiver options;
  3. not, without the Car Hire Company’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by Law;
  4. permit the Car Hire Company or an insurer to bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the incident; and
  5. provide to the Car Hire Company, within a reasonable time, any statement, information or assistance which the Car Hire Company or an insurer requests, including by attending a lawyer’s office or a court to give evidence.

8. LOSS, DAMAGE AND PERSONAL INJURY

The Customer will be fully responsible to the Car Hire Company for:

  1. any loss or damage to the Vehicle during the Rental Term, or otherwise when the Vehicle is in the Customer’s or an Additional Driver’s possession, notwithstanding whether the loss or damage was the Customer’s/Additional Driver’s fault, and must give reasonable notice to the Car Hire Company in writing of any such loss or damage.
  2. Damage to tyres by way of puncture or other impact damage and damage to windscreens by way of stone chips or other impact damage are included in section 8 (a) above as the responsibility of The Customer but can be waived by payment of the agreed fee being $8.00 per day of rental as listed in the hire agreement.
  3. all personal injury or damage to the property of any person or any other vehicle which is caused or contributed to by the Vehicle during the Rental Term, or otherwise when the Vehicle is in the Customer’s or an Additional Driver’s possession.

9. ACCIDENTS AND EXCESS REDUCTION

  1. All Horizon vehicles have comprehensive insurance with a standard payable excess that is applicable to renters in the event of an accident. This payable excess can be reduced by taking one of our Premium or Standard package excess options at the time of booking. The maximum payable excess without a package option is $2,750.
  2. Even if a customer purchases one of our Accident Excess Reduction options the customer will not be entitled to any coverage for single car accidental damage or damage that did not occur in a multi-car accident.Examples of these exclusions to the accident excess reduction options are not limited to but may include the following:
    1. Reversing damage
    2. Overhead (roof) damage
    3. Undercarriage damage
    4. Water damage (e.g., mechanical, electrical-related issues caused by water)
    5. Hail damage
    6. Negligence or Abuse
    7. Damage caused by the use of the incorrect fuel type
  3. The Customer acknowledges that the Car Hire Company will have no obligations or requirements to insure the Customer’s, or any Additional Driver’s, use of the Vehicle under this Agreement.
  4. The Car Hire Company reserves the right to apply any insurance policy it does hold in respect of the Vehicle during the Rental Term, to damage or loss caused or contributed to by the Customer, however the Car Hire Company is under no obligation to. If the Car Hire Company chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Rental Term, the Customer will be required to pay any excess payable by the Car Hire Company in respect of such a claim.
  5. If an Accident Excess Reduction Option is set out in the Rental Form, and the Customer pays this amount to the Car Hire Company before the Start Date, then the excess payable under clause 9(b) will be limited to the amount set out in the Rental Form.
  6. Even if an Excess Reduction Charge is specified in the Rental Form, the Customer’s liability in relation to the Vehicle will also only be reduced to the lower excess amount set out in the Rental Form, if:
    1. the liability was not caused or contributed to by any unlawful act or omission (including any unlawful use of the Vehicle), or a breach of this Agreement; and
    2. the Car Hire Company’s relevant insurance policy covers that liability.
  7. Subject to any insurance policy of the Car Hire Company that covers the Customer, which the Car Hire Company has indicated it will claim against to cover the Customer (either by accepting an Excess Reduction Charge or as otherwise agreed in writing), if the Vehicle is damaged, destroyed or stolen during the Rental Term, or otherwise while the Vehicle is in the Customer’s or an Additional Driver’s possession, the Customer must compensate the Car Hire Company for any costs of repair or replacement.
  8. Please note – interior damage is not covered by any of the Accident Excess Reduction packages.

10. CREDIT CARD AUTHORISATION

  1. The Customer authorises the Car Hire Company:
    1. to keep the credit card details they provide on file; and
    2. to use the Credit Card to recover any amounts payable under this Agreement, including damage, loss, cleaning charges, fines, administration fees, towing charges, repair costs, estimated repair costs and any other amounts reasonably incurred by the Car Hire Company.
  2. The Customer authorises and requests that the Car Hire Company debits payments from the Credit Card in accordance with this clause 10.
  3. The Customer must ensure that the Credit Card has at all times available capacity to be charged any amount potentially payable under this Agreement.
  4. The Customer authorises the Hire Car Company to charge a Security Bond approximately 24 hours prior to your booking start time. Details as follows:
    1. A $500 payment will be charged to the customer and held by the Car Hire Company. This amount is fully refunded upon safe and clean return of the vehicle. Deductions may apply for damage or cleaning fees.
    2. Security Deposits are returned immediately upon the safe return of the vehicle. The exact time the funds become available will depend on your bank. If you have not received your funds within 14 days please contact us.

11. FUEL

The Customer must:

  1. ensure that the Vehicle has a full tank of petrol when it is returned to the Car Hire Company;
  2. on return of the Vehicle to us, if the Vehicle does not have a full tank of petrol, pay to the Car Hire Company the costs of refuelling the Vehicle, charged at the rate per litre on the day of return as charged by OTR Glenunga for each litre of petrol required to fill the Vehicle’s tank, unless otherwise agreed in writing or notified in writing to the Customer; plus an administration fee of $25.00.
  3. only fill the Vehicle with fuel of a type that meets the Vehicle’s specifications.

12. MAINTENANCE

  1. The Customer is responsible for the performance and cost of daily maintenance and care of the Vehicle, including daily checking of all fluids (fuel, oil, water, battery levels).
  2. The Customer is required to regularly check the Vehicle for any defects in its operations or safety.

13. ADDITIONAL CHARGES – FINES

  1. The Customer acknowledges and agrees that:
    1. they will be responsible for the costs of all infringement notices and fines (e.g. parking tickets, towing fines) and any other additional charges incurred in relation to the Vehicle during the Rental Term, or otherwise when it is in the Customer’s or an Additional Driver’s possession (Third Party Charges); and
    2. if any Third Party Charge is incurred by the Car Hire Company, then the Car Hire Company will charge the Customer:
      1. an amount equal to that Third Party Charge; and
      2. an administration fee of $75.00 per Third party Charge, or as otherwise notified to the Customer, for the administration cost of receiving, verifying and handling the Third Party Charge.

14. PERSONAL PROPERTY

The Car Hire Company is not liable to any person for any loss of, or damage to, personal property that is left in the Vehicle after its return to the Car Hire Company or stolen from the Vehicle or otherwise lost or damaged during the Rental Term.

15. OWNERSHIP, POSSESSION AND TITLE

15.1  OWNERSHIP

  1. The Vehicle is, and will at all times be and remain, the property of the Car Hire Company, notwithstanding delivery of the Vehicle to the Customer/ Additional Driver(s) or the possession and use of the Vehicle by the Customer/Additional Driver(s).
  2. The Customer and any Additional Driver(s) will not have any right, title or interest in or to the Vehicle except as expressly set out in this Agreement.
  3. The Car Hire Company reserves the right to fit all Vehicles with a GPS or other similar tracking device in order to locate the Vehicle at all times.

15.2  POSSESSION

The Customer must not (and must ensure any other user of the Vehicle does not), without the Car Hire Company’s prior written consent, part with possession of the Vehicle during the Rental Term.

15.3 ENCUMBRANCES

The Customer must not allow any Security Interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Vehicle, including a repairer’s lien, except if:

  1. a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at the Car Hire Company’s option, the Car Hire Company may remove or satisfy the lien at the Customer’s cost; and
  2. a Security Interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Vehicle will be free of the lien or charge.

16. PERSONAL PROPERTY SECURITIES

  1. The Customer acknowledges and agrees that:
    1. the Car Hire Company may register any security interest it has in connection with this Agreement (including any security interest over the Equipment arising out of the application of the PPSA to this Agreement) on the PPS Register; and
    2. if requested by the Car Hire Company, the Customer must immediately sign any documents, provide all necessary information and do anything else required by the Car Hire Company to ensure that any security interest created is perfected and to enable the Car Hire Company to gain first priority for its security interest.
  2. To the fullest extent permitted by the PPSA, the Customer agrees to contract out of the application of the provisions listed in sections 115(1) and 115(7) and the sections listed therein will not apply. The Customer waives its right to receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document.
  3. In this clause:
    1. “PPSA” means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;
    2. “PPS Register” means the Personal Property Securities Register established under the PPSA; and
    3. a term used in this clause is taken to have the meaning defined under the PPSA.

17. EARLY RETURN

  1. Notwithstanding any other clause in this Agreement, the Car Hire Company may demand the early return of the Vehicle to the Return Address, or retake possession of the Vehicle, if the Car Hire Company reasonably suspects that:
    1. damage to the Vehicle or injury to any person in connection with the Vehicle is reasonably likely; or
    2. the Vehicle may be used for an unlawful purpose.
  2. If the Customer returns the Vehicle to the Return Address, or otherwise to the Car Hire Company, before the Return Date, the Customer is not entitled to any compensation or refund unless a compensation or refund amount is specified in the Rental Agreement, or the rental is a Long Term Rental, in which case clause 18.7 applies.

18. LONG TERM RENTAL

18.1 DEFINITION

A “Long Term Rental” is a rental with a term of 30 days or more. In this clause, a “Rental Month” means each consecutive period of one calendar month commencing on the first day of the rental term (or, for a final part-month, the remaining days of the term).

18.2 KILOMETRE ALLOWANCE

Long Term Rentals include an allowance of 1,700 kilometres per Rental Month, calculated in monthly blocks. For a final part-month, the allowance is calculated pro-rata (1,700 ÷ 30 × number of days). Unused kilometres roll over to subsequent Rental Months and remain available for the duration of the rental term. Rolled-over kilometres expire at the end of the rental term and have no monetary value.

18.3 EXCESS KILOMETRE CHARGE

Each kilometre travelled in excess of the calculated allowance will incur a charge of $0.25 per kilometre (including GST).

18.4 FREE VEHICLE SWAP

For each 10,000 kilometres travelled during a Long Term Rental, the Customer is entitled to one complimentary vehicle swap into a comparable vehicle of the same or lower tier, subject to availability. Swaps take place at the Car Hire Company’s premises during business hours, by appointment with at least 3 business days’ notice. Kilometre allowances and charges continue on a combined basis across swapped vehicles.

18.5 DAMAGE COVER AND EXCESS

Long Term Rentals include comprehensive damage cover with a damage excess of up to $2,750 AUD per incident. The Customer may reduce the excess by purchasing the Standard or Premium protection package as an additional service at the time of booking or at any subsequent renewal.

18.6 INSPECTION AND EXTENSION

The Car Hire Company may inspect the Vehicle:

  1. before agreeing to any extension of a Long Term Rental; and
  2. during a Long Term Rental, no more than once per Rental Month, on not less than 48 hours’ notice to the Customer.

Inspections take place at the Car Hire Company’s premises or another location agreed with the Customer. The Car Hire Company may decline to extend a Long Term Rental if an inspection reveals damage, excessive wear, or a breach of this Agreement.

18.7 EARLY TERMINATION OF A LONG-TERM RENTAL

The Customer may terminate a Long Term Rental at any time before the Return Date, at no additional charge, by returning the Vehicle to the Return Address. On early termination:

  1. rental charges cease on the date the Vehicle is returned, with the final payment cycle calculated pro-rata to that date;
  2. any monies paid in advance for periods after the return date will be refunded to the Customer within 14 days of return of the Vehicle; and
  3. any accrued excess kilometre charges under clause 18.3 and any other amounts properly payable under this Agreement remain payable and may be deducted from any refund due.

18.8 PAYMENT SCHEDULE

The Customer may elect at the time of booking to pay a Long Term Rental in weekly or fortnightly instalments in advance. If an instalment is not received within 3 days of its due date, the Car Hire Company may, after giving the Customer written notice and a reasonable opportunity to pay, demand the return of the Vehicle, and clause 18.7 will apply as if the Customer had terminated the rental early.

19. RISK, LIABILITY AND INDEMNITIES

19.1 RISK

  1. The Customer will bear all risk of loss or destruction of, or damage to, the Vehicle during the Rental Term, or otherwise when the Vehicle is in the Customer’s possession.
  2. The Customer assumes all risks and liability for the Vehicle and for its use, operation, maintenance, repair and storage (including but not limited to loss of profits, loss of revenue, consequential damage, inconvenience or loss of use for any period of time) and for injuries to or deaths of persons and damage to property arising in connection with such use, operation, maintenance, repair or storage.

19.2  LIABILITY

The maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Customer to the Car Hire Company in the 3 months preceding the date of the event giving rise to the relevant liability.

19.3  CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:

  1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

20. WARRANTIES

  1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  2. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

21. TERMINATION

21.1  TERMINATION BY THE CAR HIRE COMPANY

The Car Hire Company may terminate this Agreement in whole or in part immediately by written notice to the Customer if the Customer is in breach of any term of this Agreement.

21.2  TERMINATION BY THE CUSTOMER

  1. The Customer may terminate this Agreement in whole or in part by written notice to The Car Hire Company. If the notice under this clause 20.2(a) is:
    1. 1 week or more prior to the Start Date, the Car Hire Company will provide the Customer with a full refund of any Fees paid;
    2. 24 hours or more prior to the Start Date, the Car Hire Company will provide the Customer with a full refund of the Fees, minus a 50% cancellation fee; or
    3. less than 24 hours prior to the Start Date, the Customer will not be entitled to any refund, unless the Vehicle is not of an acceptable quality in accordance with the ACL.
  2. The Customer acknowledges and agrees that the fees set out in clause 20.2 represent a genuine pre-estimate of the Car Hire Company’s losses and damages in the event of termination prior to the Start Date.
  3. The Customer may terminate this Agreement by written notice to the Car Hire Company if the Car Hire Company breaches a term of this Agreement and has not remedied such breach within fourteen (14) days of receiving notice of the breach from the Customer.

21.3  EFFECT OF TERMINATION

Upon termination of this Agreement, the Customer must promptly:

  1. pay any payments required by the Car Hire Company in respect of the period of the Rental Term prior to the date of termination; and
  2. subject to any contrary direction in writing given by the Car Hire Company, deliver the Vehicle and any other goods included in a Rental Form (such as Equipment) to the Return Address.

21.4  SURVIVAL

Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, will survive and be enforceable after such termination.

22. GENERAL

22.1  GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in South Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of South Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

22.2  BUSINESS DAYS

If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.

22.3  AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

22.4  WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

22.5  SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

22.6  JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

22.7  ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

22.8  COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

22.9  COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

22.10  ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

23. DEFINITIONS

In addition to capitalised terms defined in the Rental Form, capitalised terms used in this Agreement will have the following meanings:

Additional Driver means a person described as such in a Rental Form, who must be the holder of a valid driver’s licence of a licence class that permits the person to drive the Vehicle.

Business Day means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Adelaide, South Australia.

Customer, you, your means a person described as such in a Rental Form.

Equipment means any equipment in the Vehicle set out in the Rental Form, including (as applicable) any global positioning system receiver or similar device or any child restraint, booster or similar equipment.

Fees has the meaning set out in the Rental Form.

Late Charge means

  1. the amount set out in the Rental Form including GST if the Vehicle is returned after 5pm on the Return Date; or
  2. the amount set out in the Rental Form including GST per day if the Vehicle is returned after the Return Date.

Laws means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Vehicle is used and includes any industry codes of conduct.

PPSA means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.

Rental Form has the meaning set out in clause 1(a) of these Rental Terms.

Rental Term means the period of Vehicle rental, from the Start Date, set out in the Rental Form.

Return Address means the return address set out in the Rental Form.

Return Date has the meaning set out in the Rental Form.

Security Deposit means the security deposit described in clause 10.

Security Interest has the meaning given to it in the PPSA.

Start Date has the meaning set out in the Rental Form.

Vehicle means the vehicle specified in a Rental Form.

Vehicle Inspection Report means the vehicle inspection report in Schedule 1 or provided to the Customer upon pick up of the Vehicle

24. INTERPRETATION

In this Agreement, the following rules of interpretation apply:

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation;
  10. (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision; and
  11. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

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