- RECITALS
1.1. To rent a vehicle from DAWAR TRANSPORT SERVICES, you are entering this contract with DAWAR TRANSPORT SERVICES and agreeing to the terms and conditions of this contract (Rental Contract).
1.2. It is a legally binding contract and both parties must adhere to the terms and conditions of this contract.
1.3. All Your rights set out in this Rental Contract are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
1.4. The rental Contract between DAWAR TRANSPORT SERVICES and You (Rental Contract) is made on the date shown on the Rental Contract You have signed in respect of the Vehicle. The Terms and Conditions of this Rental Contract apply in addition to any representation made to You by DAWAR TRANSPORT SERVICES or DAWAR TRANSPORT SERVICES employees.
1.S. By signing this contract, you authorize DAWAR TRANSPORT SERVICES to charge the fee set out in this contract without further consent from You.
1.6. In this Contract:
1.6.1. 'Accessory' means any equipment set out in the Rental Contract, including (as applicable) any global positioning system receiver or similar device, dash cam, dezlcam or any child restraint, booster or similar equipment;
1.7. 'Account' means the debit card, credit card or DAWAR TRANSPORT SERVICES charge account to which Rental Charges are to be debited;
1.8. 'Authorised Driver' means You.
1.9. 'Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010;
1.10. 'DAWAR TRANSPORT SERVICES' means DAWAR TRANSPORT SERVICES; ACN 661 027 596;
1.11. 'Excess Amount' means the amount shown as 'Excess Amount' on the Rental Contract;
1.12. 'Late Return Charge' means a single charge payable by You if You do not return the Vehicle on the date and by the time shown on the Rental Contract or an alternative return date and time as agreed with DAWAR TRANSPORT SERVICES under clause 6.1(a);
1.13. 'Manufacturer's Specifications' means the specifications of the manufacturer of the Vehicle as set out in the Vehicle's operations manual located in the glove box of the Vehicle;
1.14. 'Overhead Damage' means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the front and back windscreens, damage to the box section of a commercial vehicle above the front windscreen or damage to third-party property. caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;
1.15. 'Rental Charges' means the fees, costs, amounts and charges specified on the
Rental Contract and Pricing Schedule or payable under this Rental Contract;
1.16. 'Rental Contract' means a legally binding contract made between DAWAR TRANSPORT SERVICES and You or the person hiring the Vehicle and any Authorised Driver;
1.17. 'Rental Period' means the period commencing on the date shown on the Rental Contract and ending on the date that You return the Vehicle to DAWAR TRANSPORT SERVICES;
1.18. 'State' means a state within Australia including New South Wales, Victoria, Queensland, Western Australia, South Australia and the island of Tasmania;
1.19. 'Underbody Damage' means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where DAWAR TRANSPORT SERVICES considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage;
1.20. 'Vehicle' means the vehicle described on the Rental Contract (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by DAWAR TRANSPORT SERVICES unless the context requires otherwise;
1.21. 'We' refers to DAWAR TRANSPORT SERVICES; and
1.22. 'You' or 'Your' refers to the person(s) with whom the Rental Contract is made;
- AUTHORISED DRIVER
2.1. You agree and acknowledge that:
2.1.1. only You are an Authorised Driver and only You will drive the Vehicle; and
2.1.2. You hold a current and valid license (not being a learner's license or provisional license) to drive the Vehicle and have been licensed to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Contract.
2.1.3. You are responsible for the acts and omissions of any other person You allow to drive the Vehicle and neither You nor any unauthorized driver will have the benefit of Insurance if You allow another driver to drive the Vehicle and that driver causes loss of or damage to the Vehicle or damage to the property or a third party.
- USE OF THE VEHICLE
3.1. You must only use the Vehicle:
3.1.1. on a road which is properly formed and constructed as a sealed, metalled or gravel road;
3.2. You must not use the vehicle
3.2.1. in the snow;
3.2.2. on beaches or through streams, dams, rivers or flood waters;
3.2.3. airside at any airport in Australia;
3.2.4. not use, or allow the Vehicle to be used, for any illegal purpose race, contest or performance test of any kind;
3.2.5. not, without DAWAR TRANSPORT SERVICES' prior written consent, use, or allow the Vehicle to be used, to push anything;
3.2.6. not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;
3.2.7. under the influence of alcohol, or drugs or have a blood alcohol or drug content that exceeds the legal limit;
3.2.8. not use the Vehicle when it is damaged or unsafe;
3.2.9. not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licenses and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer's Specifications and DAWAR TRANSPORT SERVICES's recommendations;
3.2.10.not, withoutDAWAR TRANSPORT SERVICES's prior written consent, use the Vehicle to carry
any inflammable substance or any other explosive or corrosive substances;
3.2.11. not use the Vehicle to prepare, commit or assist in any Terrorist Act;
3.2.12. not use the Vehicle for the conveyance or towing of any load.
- MAINTENANCE, SECURITY AND CLEANING
4.1. You must:
4.1.1. maintain all of the Vehicle's engine oils and engine coolant levels to the Manufacturer's Specifications, provided that DAWAR TRANSPORT SERVICES has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer's Specifications;
4.1.2. keep the Vehicle locked when it is unattended and the keys under Your personal control at all times; and
4.1.3. comply with all applicable seat belt and child restraint laws.
4.2. You must not have repairs to the Vehicle carried out unless DAWAR TRANSPORT SERVICES authorises You to do so in writing.
4.3. If You return the Vehicle in an excessive door condition (excluding Fair Wear and Tear); You may be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by DAWAR TRANSPORT SERVICES and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.
- RETURN OF VEHICLE
5.1. You must return the Vehicle to DAWAR TRANSPORT SERVICES:
5.1.1. on the date and by the time shown on the Rental Contract unless You have informed DAWAR TRANSPORT SERVICES of a change prior to the return date and time and DAWAR TRANSPORT SERVICES has agreed to the change; and
5.1.2. in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted.
S.2. If You:
5.2.1. return the Vehicle at a later date or time than that shown on the Rental Contract, you must pay the rental charge calculated according to the return date and time;
5.2.2. return the vehicle with an unfilled tank, a refueling charge of $55 (including GST) plus the cost of the fuel, will apply;
5.2.3. more than one hour after the date and time set for its return in the Rental Agreement, we will charge You $25 per hour up to one full day's rental and a further full day's rental at the standard rate for each 24-hour period or part thereof until the Vehicle is returned to Us; or
5.3. If You return the Vehicle at an earlier date, you must pay the rate that was applicable for the Vehicle for the Rental Period.
5.4. If You do not return the Vehicle on the date and by the time shown on the Rental Contract (or any extended date or time agreed with DAWAR TRANSPORT SERVICES in writing) then:
5.4.1. after written notice to You and if the location of the Vehicle is unknown, DAWAR TRANSPORT SERVICES may report the Vehicle as stolen to the police; and you must pay DAWAR TRANSPORT SERVICES all Rental Charges (including additional Rental Charges) and compensate DAWAR TRANSPORT SERVICES for any loss DAWAR TRANSPORT SERVICES suffers (including all reasonable additional costs DAWAR TRANSPORT SERVICES incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by DAWAR TRANSPORT SERVICES.
- RENTAL COSTS AND CHARGES
6.1. You must fill the Vehicle only with the fuel type specified in the Manufacturer's Specifications.
6.2. The Schedule for this Contract shows:
6.2.1. the Rental Period for which You have hired the Vehicle; and
6.2.2. the Rental Charges.
6.3. At the Start of the Rental and before collecting the Vehicle must pay the anticipated Rental Charges and the Security Bond of $500.
6.4. The Security Bond will be retained by Us as a security for the performance of Your obligations and liabilities under the Rental Contract and is fully refundable to You provided that:
6.4.1. all amounts due to Us under the Rental Contract have been paid, including toll road charges and refueling costs;
6.4.2. the Vehicle has been returned to the Rental Location at the date and time set in the Rental Agreement;
6.4.3. there is no Damage or Third-Party Loss;
6.4.4. the exterior and interior of the Vehicle are clean;
6.4.5. the Vehicle has a full tank of fuel; and
6.4.6. there has not been a Major Breach of the Rental Contract, we reserve the right to retain all or part of the Security Bond if there is a breach of any of these conditions.
6.5. You must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority- An administrative fee of $50 applies if We are required to nominate You as the responsible driver.
6.6. A weekly …1100… kilometers applies unless You have Our prior written approval to have this limit waived and it is noted on the Rental Agreement. For each day, you exceed that limit (calculated over the Rental Period) You will incur an additional fee of fifteen cents (15c) per kilometer.
6.7. You must rent the vehicle for a minimum period of 6 weeks.
6.8. A minimum charge of rental equivalent to 6 weeks' rent is chargeable if you return the vehicle prior to six weeks.
- LIABILITY FOR LOSS OR DAMAGE
7.1. You are liable to compensate DAWAR TRANSPORT SERVICES for any damage to or loss of the Vehicle, including theft of the Vehicle, during the term of Your Rental Contract, subject to clauses 7.3, 7.4 and 8.
7.2. You are also liable for damage to third-party property which is caused or contributed to by you or an Authorised Driver or any person You or the Authorised Driver allow to drive the Vehicle.
7.3. If, acting reasonably, we accept that the loss or damage referred to in clause 8.1 was not Your fault, you will not be liable to compensate DAWAR TRANSPORT SERVICES provided:
7.3.1.You are a resident in Australia;
7.3.2. You provide DAWAR TRANSPORT SERVICES with the following details of the incident:
7.3.2.1. the name, residential address, contact phone and license number of any person involved;
7.3.2.2. the registration numbers of all vehicles involved;
7.3.2.3. an accurate description of the incident and location;
7.3.2.4. the names of any attending police officers and the stations at which they are based;
7.3.2.5. the name of the insurer of any third party you believe was at fault; and
7.3.2.6. DAWAR TRANSPORT SERVICES reasonably believes that it will recover the amount of loss or damage from the third party.
7.4. DAWAR TRANSPORT SERVICES is liable for any damage to or loss of the Vehicle that is our fault. This includes:
7.4.1. any failure on our part to properly maintain the Vehicle; and
7.4.2. loss or damage directly due to our negligence or willful default.
- INSURANCE COVER
8.1. Subject to the terms and conditions mentioned in this clause 8, if You are liable to compensate DAWAR TRANSPORT SERVICES, we will waive that liability if:
8.1.1. DAWAR TRANSPORT SERVICES reasonably finds that you were not at fault; and
8.1.2. The other party's insurance company accepts liability.
8.2. You must pay the Excess Amount stated on the Rental Contract for each
separate event involving:
8.2.1. damage (including hail damage) to, or loss of, the Vehicle; or
8.2.2. damage which is caused by You.
8.3. The waiver in clause 8.1 will not apply to:
8.3.1. Overhead Damage or Underbody Damage;
8.3.2. Damage caused due to total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water;
8.3.3.damage to the Vehicle caused by a breach of clause 3 or 4;
- PAYMENT FOR LOSS OR DAMAGE
9.1. You must pay an Excess Amount whichever applies to you:
|
Full Australian Driver's License and aged 25 years and over |
$2500 |
|
Full Australian Driver's License and aged under 25 years |
$5000 |
|
Probationary Australian Driver's License |
$6000 |
|
Overseas Driver's License |
$7000 |
9.2. You must pay to DAWAR TRANSPORT SERVICES, or You authorise DAWAR TRANSPORT SERVICES to debit Your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending DAWAR TRANSPORT SERVICES' assessment of the loss and damage.
- CLAIMS AND PROCEEDINGS
10.1. Where the use of the Vehicle by you, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or the property of any third party (Incident), You must ensure that You:
10.1.1.Promptly reports the Incident to the local police (if required by law);
10.1.2. promptly reports the Incident in writing to DAWAR TRANSPORT SERVICES;
10.1.3. not make or give any offer, a promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident, except to the extent that You are required to provide a statement to the police;
11. PAYMENT
11.1. At the end of the Rental Period, you authorize the debit of Your Account by DAWAR TRANSPORT SERVICES to pay
11.2.all Rental Charges;
11.3. any amount paid or payable by DAWAR TRANSPORT SERVICES or You to any person arising out of Your use of the Vehicle or imposed on You or DAWAR TRANSPORT SERVICES by any government or other competent authority:
11.4. the card surcharges payable for the method of payment You chose to use for Your Account; and
11.5. any amount which You reasonably owe to DAWAR TRANSPORT SERVICES under the Rental Contract, in respect of a breach of the Rental Contract or otherwise. DAWAR TRANSPORT SERVICES will provide You with clear information containing sufficient detail about any amount payable under this clause.
12. PRIVACY
12.1. Any personal information provided by you (whether personal information of You or another individual which You have the necessary consents to provide) may be collected, used and disclosed by DAWAR TRANSPORT SERVICES for the purposes contemplated by this Rental Contract (including the Privacy Collection Statement). You agree that by entering into this Rental Contract, you have read the Privacy Collection Statement and Privacy Notice, understood its contents and consent to its requirements.
12.2. You must not provide DAWAR TRANSPORT SERVICES with any personal information of another individual unless You first make them aware of the Privacy Collection Statement and Privacy Notice and have their consent to provide such personal information to DAWAR TRANSPORT SERVICES.
EXECUTED AS AN AGREEMENT
For and behalf of DAWAR TRANSPORT SERVICES; ACN 661 027 596 of 36, Springfield Road, Box Hill North, VIC 3129