1.1 Rental Contract
Your contract to hire a Vehicle from Byron Bay rentacar (Rental Contract) consists of:
(a) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us; and
(b) these rental Terms and Conditions (Terms and Conditions).
The Rental Contract is governed by the laws of New South Wales and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3 Australian Consumer Law
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.
1.4 Electronic signatures
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.
2. Who may drive the Vehicle?
A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 12 for further details.
2.1 Authorised Drivers
Only You or an Authorised Driver can drive the Vehicle. 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 8 of these Terms and Conditions.
2.2 Age limits
There is a minimum and maximum age limit for those renting Our Vehicles. 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.
2.3 Licence requirements
(a) You and any Authorised Driver must also have a 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.
2.4 Cancelled and suspended licences
The Vehicle must not be driven:
(a) whilst Your driver’s licence is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b) if Your licence has been cancelled or suspended, within 2 years of the date of the Rental Agreement.
2.5 False 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.
3. Prohibited Use
A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 12 for further details.
3.1 The Vehicle must not be driven by You or any Authorised Driver:
(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst the Vehicle is damaged or unsafe.
3.2 You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, biohazardous, infectious, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to propel or tow another vehicle or a trailer;
(iv) to carry or transport illegal drugs or substances;
(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(vi) in an unsafe or un-roadworthy condition; or
(c) use a mobile phone:
(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or
(ii) to send a text message, video message, email or similar communication unless the Vehicle is parked.
3.3 You and any Authorised Driver must not:
(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
3.4 You and any Authorised Driver must not use the Vehicle to carry:
(a) passengers for hire, fare or reward or for rideshare purposes;
(b) more than the number of passengers for which the Vehicle is licenced; or
(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.
4. Prohibited areas of use
A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 12 for further details.
4.1 The Vehicle must never be driven:
(a) on an Unsealed Road;
(b) Off Road; or
(c) above the snow line between 1 May and 31 October or in any area where snow has fallen or is likely to fall.
4.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, sand dunes, streams, rivers, creeks, dams and floodwaters;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed; and
(e) any road where it would be unsafe to drive the Vehicle.
4.3 The Vehicle must never be driven or used:
(a) outside the states of New South Wales or Queensland; or
(b) onto any island that is off mainland Australia,
unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.
5. Your obligations
A breach of any of sub-clauses 5.4, 5.5, 5.6, 5.7 or 5.9 is a Major Breach of the Rental Contract. See clause 12 for further details.
5.1 Start of the Rental
At the Start of the Rental and before collecting the Vehicle You must:
(a) present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be made and kept by Us;
(b) present Your passport if You are not an Australian citizen;
(c) fully inspect the Vehicle at the Start of Rental to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement. If there is any discrepancy You must notify Us prior to leaving the Rental Station; and
(d) pay the anticipated Rental Charges.
5.2 During Your rental
(a) You must:
(i) inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and
(iii) adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station.
(b) You must not:
(i) use the Vehicle for transporting any pets or animals, except assistance animals, unless specifically approved by Us;
(ii) smoke in the Vehicle and You must take reasonable steps to prevent passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or
(iii) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.
Additional cleaning, disinfection and deodorising charges will apply.
5.3 Seat belts and restraints
You must comply with all mandatory:
(a) seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and
(b) child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.
5.4 Vehicle to be locked and keys kept in Your possession
You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition when the Vehicle is unattended.
5.5 Reasonable care
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) using the correct fuel type; and
(d) making sure it is not overloaded.
5.6 Notification of Vehicle fault
You must inform Us immediately if:
(a) a warning light or fault message appears;
(b) You see or become aware of low engine or brake oils, or engine coolant levels; or
(c) the Vehicle develops any fault during the Rental Period.
If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
5.7 Repair without authority prohibited
You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.
5.8 Repair with authority
Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
5.9 Staying with the Vehicle after an Accident
You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.
6. Rental Period, costs and charges
6.1 Your Rental
Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement.
6.2 Extending the Rental Period
(a) We understand that circumstances change and that You may require the Vehicle for longer than the Rental Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
(b) If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension, and fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement, We may:
(i) terminate the Rental Contract; and
(ii) if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
6.3 Cancellation and ‘No Show’
(a) We are not able to provide refunds for cancellations or ‘no shows’. Even if you are unable to pickup the vehicle, you will still be charged the Rental Charges for the Rental Period as booked.
(b) We can provide you with a Credit if you are forced to cancel your booking. Your Credit will be equal to the dollar value of your cancelled booking, and can be redeemed for up to 24 months after the original booking date.
6.4 Tolls, fines and infringements
You and any Authorised Driver 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 applies if We are required to nominate You as the responsible driver if any toll, fine or infringement is unpaid.
6.5 One way rentals
An additional one way fee of $150 applies where the Vehicle is returned to a Rental Station other than that shown in the Rental Agreement.
6.6 Return of the Vehicle
(a) You must return the Vehicle:
(i) to the Rental Station (subject to sub-clause 6.5);
(ii) on the date and by the time shown in the Rental Agreement;
(iii) in a reasonable state of cleanliness;
(iv) in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted; and
(v) with a full tank of fuel.
(b) If You return the Vehicle:
(i) with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply;
(ii) earlier than the date shown in the Rental Agreement there is no entitlement to a refund;
(iii) 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
(iv) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.
6.7 Post rental inspection procedure
(a) We will take reasonable steps to conduct a post rental inspection in Your presence;
(b) If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within four (4) business hours; and
(c) if Damage is detected, We will notify You as soon as it is reasonably practical to do so.
6.8 End of the Rental
At the End of the Rental You must pay:
(a) the balance of the Rental Charges;
(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(c) any costs We incur, including:
(i) refuelling costs; and
(ii) extra cleaning costs;
(d) for all Damage arising from a Major Breach of the Rental Contract;
(e) for all Overhead Damage;
(f) for all Underbody Damage; and
(g) for any Damage caused by the immersion of the Vehicle in water.
6.9 Credit card authority
If any amount is due to Us or remains unpaid, including:
(a) the Rental Charges;
(c) speeding and traffic fines and infringements;
(d) fines or charges imposed for parking;
(e) extra cleaning costs
(f) refuelling costs; or
(g) the Damage Excess.
You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.
6.10 Default in payment
If You default in the payment of any moneys owed to Us under the Rental Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
7. Toll charges
7.1 An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when using the Vehicle on toll roads.
7.2 If You fail to do so and We are required to nominate You as the responsible party We will charge You an administrative fee for each nomination.
8. Damage Cover
8.1 Damage Excess
(a) Standard Damage Cover is included in the Rental Charges.
(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft or Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim unless:
(i) We agree You were not at fault; and
(ii) the other party was insured and their insurance company accepts liability.
8.2 When is the Damage Excess payable?
Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:
(a) for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.
8.3 Damage Excess reduction
You may reduce Your Damage Excess liability to $550 by purchasing at extra cost Our Damage Excess reduction package for $19/day.
8.4 Younger age additional Damage Excess
An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.
8.5 Claims Administration fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.
9. Damage Cover Exclusions
9.1 Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Rental Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 75 years of age;
(a) Overhead Damage;
(b) Underbody Damage;
(d) Damage caused by:
(i) immersion of the Vehicle in water;
(ii) use of the incorrect fuel type;
(iii) loading or unloading the Vehicle, except for reasonable wear and tear; or
(iv) Your failure to properly secure goods, property or equipment carried in the vehicle; and
(e) damage to the tyres of the Vehicle, other than by normal wear and tear.
9.2 There is also no Damage Cover for:
(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote control devices; or
(b) personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
(ii) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
(iii) any relative, friend or associate of an Authorised Driver; or
(iv) Your employees.
10. Accidents or breakdowns
10.1 We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur. Twenty four hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us on 0437 628 121 to arrange assistance. We will recover and repair the Vehicle as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.
10.2 We are not responsible for:
(a) a flat battery because the lights or entertainment system have been left on;
(b) tyre changing;
(c) lost keys or remote control device; or
(d) keys or remote control device locked in the Vehicle.
Extra charges will apply if any of these services are provided at Your request and You are responsible for and must pay for any Damage caused.
10.3 Subject to the Australian Consumer Law, We are not responsible for:
(a) flights You have missed;
(b) holiday plans that are disrupted;
(c) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
(d) loss of enjoyment; or
(e) consequential or economic loss.
11. Accident and theft reporting
A breach of any part of this clause 11 is a Major Breach of the Rental Contract. See clause 12 for further details.
11.1 If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.
11.2 If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.
11.3 If You or an Authorised Driver have an Accident You and the Authorised Driver must:
(a) exchange names and addresses, phone numbers and email addresses with the other driver;
(b) take a photo of the other driver’s licence;
(c) take the registration numbers of all vehicles involved;
(d) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(e) obtain the names, addresses, phone numbers and email addresses of all witnesses;
(f) forward all third party correspondence or court documents to Us within 7 days of receipt; and
(g) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer’s office; or
(ii) any Court hearing.
11.4 You and an Authorised Driver must not:
(a) make any admission of fault;
(b) promise to pay any claim for Third Party Loss; or
(c) release the other party from any liability to pay for Damage as a result of an Accident, theft of attempted theft.
12. Consequences of a Major Breach of the Rental Contract
12.1 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,
You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur as a direct consequence.
12.2 Termination and repossession
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of sub-clause 12.1 has occurred.
13.1 Personal Information
(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
(b) When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
13.2 Tracking Device
A Tracking Device may be fitted to the Vehicle to enable Us to track the Vehicle when it is out of Our possession. When You sign the Rental Agreement You are authorising Us to use the Tracking Device to track the Vehicle and record other data relating to its use, until it is returned to Us.
14. Definitions and interpretation
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; and
(c) weather events, including hail Damage,
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
(a) any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) Loss of Use,
and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 8, subject to the Damage Cover Exclusions in clause 9.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered and includes the additional amount for younger drivers that is payable pursuant to sub-clause 8.3.
End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of the following:
(a) clauses 2 (all parts); 3 (all parts); 4 (all parts); sub-clauses 5.4, 5.5, 5.6, 5.7, or 5.9 that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) clause 11 (all parts) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim.
Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
(a) Damage to the Vehicle; or
(b) Third Party Loss,
(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Rental Station means the location from which the Vehicle is rented, as shown on the Rental Agreement.
Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit.
We, Us, Our, Byron Bay rentacar means Hawkins Investment Company Pty Ltd as trustee for the Hawkins Investment Trust trading as Byron Bay rentacar ABN 30 313 705 934.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.
In these Terms and Conditions, unless the context otherwise requires:
(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and
(b) where You comprises two or more persons each is bound jointly and severally.