Your contract to hire a Vehicle from Us (Rental Contract) comprises:
(a)the agreement (Rental Agreement) You have signed to hire the Vehicle from Us;
(b)the Handover Inspection Report; and
(c)these rental Terms and Conditions (Terms and Conditions);
and together they create binding and enforceable legal obligations.
The Rental Contract is governed by the laws of Commonwealth and the state or territory in which the Rental Agreementis entered and You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
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.
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.
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.
A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 11 for further details.
(a)Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.
(b)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.
(a)There is a minimum and maximum age limit for those renting Our Vehicles.
(b)You and any Authorised Driver must be at least 21 and not over 75 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.
(a)You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:
(i)issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);
(ii)appropriate for the class of the Vehicle; and
(iii)not subject to any restriction or condition.
(b)Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.
2. Cancelled and suspended licences
The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:
(a)is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b)has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.
2. False and misleading information
The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver’s licence.
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.