Terms and Conditions
TERMS AND CONDITIONS
INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (“Rental Agreement”) between AUZ RENTAL CARS PTY LTD and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (“Rental Document”), and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
“Authorised Driver / Joint Renter” means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.
“Rental Car Company Name” means AUZ RENTAL CARS PTY LTD ABN 74 602 185 240
“Rental Period” means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to AUZ RENTAL CARS PTY LTD;
“Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
“Vehicle” means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by AUZ RENTAL CARS PTY LTD;
“You” or “Your” refers to the person(s) with whom the Rental Agreement is made.
“Your Consumer Rights” means Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law, which cannot be excluded, restricted or modified by this Rental Agreement.
1. DRIVER
1.1 You agree, acknowledge and warrant that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence); and
(c) You and the Authorised Driver are not under 21 years age; and
(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.
2. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
2.2 You and any Authorised Driver must not, unless authorised in writing by AUZ RENTAL CARS PTY LTD, drive or take the Vehicle:
(a) to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton
Island;
(b) into or out of the Northern Territory, Tasmania or to any points in
Western Australia north of Carnarvon;
(c) in Queensland:
(1) beyond Chillagoe in a westerly direction;
(2) beyond Normanton in a southerly direction.
(3) if the Vehicle is a passenger vehicle or truck, beyond Cape Tribulation or Laura in a northerly direction;
(4) if the Vehicle has four wheel drive, beyond Cooktown or Laura in a northerly direction;
(d) above the snow line in Tasmania, New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September;
(e) in the Northern Territory and Western Australia, outside any city limits between dusk and dawn; or
(f) on beaches or through streams, rivers, creeks, dams or floodwaters.
3. USE OF THE VEHICLE
3.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment or reward of
any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods, except in compliance with
all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer’s and AUZ RENTAL CARS PTY LTD recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(i) not, without AUZ RENTAL CARS PTY LTD prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
3.2 You must pay for any unauthorised repairs to the Vehicle and for all
parking and traffic infringements in respect of the Vehicle during the
Rental Period.
3.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle.
3.4 You and any Authorised Driver must not drive the Vehicle if AUZ RENTAL CARS PTY LTD has so directed You and any Authorised Driver.
3.5 You and any Authorised Driver or any passenger must not smoke in the Vehicle.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box or otherwise as required to maintain the Vehicle’s efficient performance;
(b) keep the Vehicle locked and the keys under Your or the Authorised
Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
4.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless AUZ RENTAL CARS PTY LTD authorises You to do so. AUZ RENTAL CARS PTY LTD requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist AUZ RENTAL CARS PTY LTD. AUZ RENTAL CARS PTY LTD will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified to the extent that AUZ RENTAL CARS PTY LTD cannot verify the cost of repairs, AUZ RENTAL CARS PTY LTD will not reimburse You.
4.3 You and AUZ RENTAL CARS PTY LTD acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.
5. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5,and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause 5 does not apply to any damage or loss for which AUZ RENTAL CARS PTY LTD is liable to You under this Rental Agreement.
Remember that references to the “Vehicle” include all of its parts, components, accessories and contents (see the definition of “Vehicle” in clause 1).
5.2 Subject to clause 5.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Authorised Driver, AUZ RENTAL CARS PTY LTD:
(c) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,
in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.
(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer.
(h) under any circumstances where the Vehicle and its keys are unsecured.
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by AUZ RENTAL CARS PTY LTD the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle
at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements
for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the
Vehicle.
If the amount determined by AUZ RENTAL CARS PTY LTD and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, AUZ RENTAL CARS PTY LTD will refund the difference to You.
5.5 Personal injury, personal property and storage of property
AUZ RENTAL CARS PTY LTD recommends that all people travelling in Australia take out Personal Travel Insurance.
AUZ RENTAL CARS PTY LTD does not accept any liability for:
(a) Personal injuries sustained during the rental;
(b) Damage or loss of the hirer’s personal property;
(c) Property belonging to any other person which is carried in the vehicle.
5.6 In the event that the hirer or any other person leaves any property with AUZ RENTAL CARS PTY LTD for any reason this is entirely at that person’s own risk and AUZ RENTAL CARS PTY LTD will not accept any liability for damage or loss for any reason whatsoever.
6. RETURN OF VEHICLE
6.1 You must return the Vehicle to AUZ RENTAL CARS PTY LTD:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to AUZ RENTAL CARS PTY LTD the cost to refuel the Vehicle).
6.2 You must return the Vehicle to a AUZ RENTAL CARS PTY LTD location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
6.3 If:
(a) You return the Vehicle on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the AUZ RENTAL CARS PTY LTD standard rate for the Vehicle for the Rental Period.
6.4 AUZ RENTAL CARS PTY LTD may request the immediate return of the Vehicle, or AUZ RENTAL CARS PTY LTD may re-take the Vehicle without notice, if AUZ RENTAL CARS PTY LTD reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to
occur; or
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay AUZ RENTAL CARS PTY LTD any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
6.5 AUZ RENTAL CARS PTY LTD reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
6.6 If the vehicle is returned to a different location than that specified on the Rental Agreement without AUZ RENTAL CARS PTY LTD’S prior consent an additional fee of up to $2000 may be charged at AUZ RENTAL CARS PTY LTD’S sole discretion
7. CLAIMS AND PROCEEDINGS
7.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to AUZ RENTAL CARS PTY LTD;
(c) not, without AUZ RENTAL CARS PTY LTD written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit AUZ RENTAL CARS PTY LTD or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that AUZ RENTAL CARS PTY LTD may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, AUZ RENTAL CARS PTY LTD in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Rental Car Company Name;
(f) complete and furnish to AUZ RENTAL CARS PTY LTD within a reasonable time any statement, information or assistance which AUZ RENTAL CARS PTY LTD or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
8. PAYMENT
8.1 At the end of the Rental Period, You must pay AUZ RENTAL CARS PTY LTD on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by AUZ RENTAL CARS PTY LTD or You to any person arising out of Your use of the Vehicle or imposed on You or AUZ RENTAL CARS PTY LTD by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to AUZ RENTAL CARS PTY LTD under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day’s rental at the “daily rate” shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
8.3 Distance charges are measured from the Vehicle’s odometer.
8.4 You authorise AUZ RENTAL CARS PTY LTD to charge all moneys payable to AUZ RENTAL CARS PTY LTD under the Rental Agreement to Your credit card or charge account.
8.5 AUZ RENTAL CARS PTY LTD will pay any refund due to You by such method as AUZ RENTAL CARS PTY LTD may reasonably choose.
9. LIABILITY OF AUZ RENTAL CARS PTY LTD
9.1 Unless it is negligent, AUZ RENTAL CARS PTY LTD is not liable to any person, and You indemnify AUZ RENTAL CARS PTY LTD, for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to AUZ RENTAL CARS PTY LTD.
9.2 Neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) (“the TPA”) or any other State or Territory legislation to the same effect.
9.3 If Your Rental Agreement is a contract for the supply of “recreational services” as defined by section 68B of the TPA or any comparable legislation, AUZ RENTAL CARS PTY LTD has no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by AUZ RENTAL CARS PTY LTD of any term implied by section 74 of the TPA or any comparable legislation.
10. TERMINATION
10.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
10.2 You may terminate the Rental Agreement at any time for any other reason.
10.3 If the Rental Agreement is terminated early for any reason other than a breach by AUZ RENTAL CARS PTY LTD, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
11. MISCELLANEOUS
11.1 The Rental Agreement contains the whole agreement between the parties.
11.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
11.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
12. PRESUMPTIONS AND INTERPRETATION
12.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
12.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.
13. Calculation of charges
13.1 AUZ RENTAL CARS PTY LTD calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. Admin Recovery applies to all rentals commencing in Australia. The Admin Recovery relates to administrative functions undertaken in respect of your rental. Admin Recovery is charged at 3%.
EARLY RETURNS
There will be no refunds given for the early return of rental vehicles.
LATE RETURN CHARGE
If vehicle is not returned on time allocated or unless notified, a grace period of 60 minutes will be granted. Unauthorised late Rental fee of $50 plus daily rental charges will be charged after a grace period of 60 minutes.
13.2 Extensions authorised by AUZ RENTAL CARS PTY LTD are charged at the same daily rate as the original rental.
13.3 All transactions under this agreement are calculated in Australian dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. AUZ RENTAL CARS PTY LTD accepts no liability for any such variations.
13.4 In the event of cancelation of bookings:
No cancellation fee applies for cancellations made more than 30 days prior to the scheduled start of the rental.
A 10% cancellation fee applies for cancellations made between 5 days (120 hours) and 30 days prior to the scheduled start of the rental.
A 20% cancellation fee applies for cancellations made within 120 hours of the scheduled start of the rental.
NO REFUND applies for a “no show” where we do not receive notice of cancellation prior to the scheduled start of the rental.
13.5 If you present a card at the commencement of the rental agreement, you also authorise AUZ RENTAL CARS PTY LTD to reserve credit with, or obtain an authorization from the card issuer at the time of the rental in an amount upto the expected cost of the rental plus $500 or other such amount advised at the time of signing the agreement. AUZ RENTAL CARS PTY LTD will reserve credit on your card for 28 days after the rental contract ends. Your card may be so charged within 28 days after the vehicle has been returned, notwithstanding that any particular charge or amount of Damages could have been but was not charged when the vehicle was returned. It will also be used for processing all the infringements received during the duration of the rental. AUZ RENTAL CARS PTY LTD will consult with you because applying any charges on your credit card.
13.6if you provide a cash deposit at a rental location, there is no guarantee the deposit will be reimburse in cash at the time the vehicle is returned to AUZ RENTAL CARS PTY LTD. In these circumstances, money can be transferred in your bank account electronically or a cheque will be forwarded within 28 business days of return of the vehicle to the address notated on the rental agreement
14. Vehicle availabilitY
14.1 AUZ RENTAL CARS PTY LTD will try to supply the vehicle you request, but we reserve the right to supply what is available.
15. GPS UNIT
Reliability of the direction is subject software provided by the supplier. The renter agrees to release and hold AUZ RENTAL CARS PTY LTD harmless for any GPS unit failure.
16. Citylink (Toll Charges)
All the AUZ RENTAL CARS PTY LTD vehicles are fitted with ETAG devices on for use usage on the roads that charges tolls. All ETAG devices has a serial number on it. AUZ RENTAL CARS PTY LTD will charge $3.20 per day (please note: this fees is only charged for the days you have used the toll roads) as administration fees plus the usage. The copy of the citylink statement will be emailed to you for crossing checking of the toll charges.
17. Roadside Assistance
All charges will be passed on to the customer in addition to an administration fee of $40 which will be applicable, unless the call out is due to a manufacturing fault.
18. Hirer’s liability for cleaning charges
18.1 If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or de-odorising, the hirer is absolutely liable for the full cost of this cleaning or repair and any consequent loss of use of the vehicle. Excessively dirty car will incur a $30.00 fee
Such charges include but are not limited to cleaning of:
(a) Spillage of fluids such as drinks, milk, oil, paint, etc;
(b) Perishable food;
(c) Removal of hair, stains and odours due to animals in the vehicle
(d) Fish and associated smells;
(e) Vomit;
(f) Cigarette/cigar smoke smells
19. Infringement fees
19.1 In the event that AUZ RENTAL CARS PTY LTD receives notice of a speeding, parking or other traffic infringement relating to the period the vehicle was on hire, AUZ RENTAL CARS PTY LTD will complete a statutory declaration nominating the hirer as the driver of the vehicle and an administration fee of $35.00 will be charged.
20.Activation of warning lights, breakdown and mechanical repairs
20.1 If any warning light is activated or if the vehicle requires mechanical attention the driver must stop driving and contact AUZ RENTAL CARS PTY LTD.
20.2 The hirer shall not arrange or undertake any repairs or salvage without AUZ RENTAL CARS PTY LTD prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair.
20.3 If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the hirer, AUZ RENTAL CARS PTY LTD will refund to the hirer the rental charges that relate to the period during which the car could not be used. AUZ RENTAL CARS PTY LTD may be able to replace the hirer with another AUZ RENTAL CARS PTY LTD vehicle depending on the availability of vehicles.
20.4 AUZ RENTAL CARS PTY LTD gives no express warranties in relation to the vehicle. Certain conditions and warranties are imported by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where AUZ RENTAL CARS PTY LTD is permitted to limit its liability under those statutes for breach of any implied condition or warranty, AUZ RENTAL CARS PTY LTD limits its liability to replacement, repair or re-supply of the vehicle. All warranties, conditions and obligations which may otherwise be implied are expressly excluded by this agreement in their entirety.
21. DISCLAIMER
Even though AUZ RENTAL CARS PTY LTD has made every effort to ensure that the information contained in this website https://www.auzrentalcars.com.au/ is correct at the time of going live, the company cannot be held responsible for any errors, omissions, and incomplete or outdated information.
