AUSTRALIA 4 WHEEL DRIVE RENTALS
 
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METEOR CAR AND TRUCK RENTALS

TERM AND CONDITIONS OF AGREEMENT

Conditions of Hire

All rentals are subject to the terms and conditions on the rental agreement. Rates, conditions and specifications are subject to change without notice. Rates, deposits and fleet vehicle range may vary between locations. All due care is given to supply the vehicle requested, however, if a vehicle of the type requested is not available, a similar vehicle will be supplied.

[ z o n e o f u s e ]
Vehicles offered on an unlimited kms basis are restricted to a 200km radius of the originating depot - use beyond this zone is available by arrangement (POA). Unlimited km rates where shown are available ex our Cairns and Townsville depots - limited km travel applies to all rentals ex our Mt Isa office (POA). Cars, mini buses (7-14 seat), 25 seat buses and trailers (other than those specifically designed and nominated for off road use) are limited to sealed road use. Beach work is prohibited to all vehicles. Failure to comply renders comprehensive cover null and void and will result in loss of bond.

Boats are available from our Townsville office. Subject to the 'Water Limits' given below, our boats may be used within the area bounded by Dunk Island to the north, and the Whitsundays to the south. Launching is permitted from public boat ramps only.

Water limits to Hire Boats

Use of our boats on the water is permitted to 'Partially Smooth Waters' as defined under 'Water Limits' to 'The Official Tide Tables and Boating Safety' handbook (a copy is supplied with every boat hire).

Off the coast use is not permitted where weather forcasts predict winds exceeding 15 knots.

[ c a p e y o r k b y 4 W D ]
Weather permitting four wheel drive rentals to Cape York are available between the 1st of April and the 31st of October inclusive - a minimum hire period of 14 days applies.

[ o n e w a y r e n t a l s ]
One way rentals of trailers is available to selected destinations. One way rental of cars, trucks, buses, 4WDs and utilities is available to any approved destination within mainland Australia regularly serviced by an intercity bus line. Other than car rental between Townsville and Cairns depots a relocation fee is applicable - POA.

[ l i c e n c e s ]

Motor vehicles (and trailers):
All current open Australian, overseas and international licenses are acceptable. Minimum age: 21. Overseas licenses must be in English (RACQ can provide international drivers licenses locally for clients driving in Australia with foreign language licenses).

Boats:
A minimum of a powerboat licence is required, in addition to a vehicle drivers licencec (to tow a trailer) - minimum age for both is 21.

[ d e p o s i t ]
At the time of collecting the vehicle we require the estimated total of the rental, plus a fuel and security bond of $100 to trailers used locally ($200 for out of town use), $500 to cars, buses, utilities, trucks and to boat and trailer combinations,and $1,000 to 4WD's. 

[ p a y m e n t a l t e r n a t i v e s ]
We accept payment via cash, business cheque (conditions apply), credit card (Bankcard, Mastercard, Visa, Diners, Amex and JCB) and EFTPOS. Payment by credit card is mandatory for visitors from overseas.

[ a c c o u n t ]
See Below for details of the services available.

[ a c c o u n t ]
Whilst we welcome firm bookings, we do not accept temporary bookings at any time.

[ b o o k i n g d e p o s i t ]
(Buses and 4WD’s and Boats only)
A $350 deposit is required to confirm booking.
$250 of the deposit is non-refundable if a cancellation is made anytime before departure date unless the booking is for a boat and the weather forecast on the day of it's collection and proposed use is for winds exceeding 20 knots (in which case the deposit will be refunded).
$100 of the deposit is non-refundable if a cancellation is made within 7 days of departure date unless the booking is for a boat and the weather forecast on the day of it's collection and proposed use is for winds exceeding 20 knots (in which case the deposit will be refunded).

[ c a n c e l l a t i o n f e e s ]

A cancellation fee equivalent to one day's rental at the normal daily rate (but excluding risk reduction options) will be applied where the client doesn't show, or makes a cancellation within 2 hours# or after the time (and date) nominated for collection. In addition if a local delivery was requested (including to airport) and the vehicle was delivered a further fee of $30 GST inclusive will apply.

The minimum 2 hours notice applies to office hours ie: cancellations for vehicles booked for collection between 7.30am and 9.30am (or for delivery/dropoff after hours) must be made the day before, prior to 5.00pm.

[ r e n t a l p e r i o d ]
Quoted daily rates cover up to 24 hours, calculated from the time the vehicle was booked for collection. Late returns will be charged at 1/5 daily rate per hour up to 4 hours after which full daily rate will apply. Quoted rates are based on a continuous rental basis, with no deductions for weekends, public holidays, servicing downtime etc.

[ g s t ]

Included in our rates.

[ a d m i n i s t r a t i o n f e e ]
An administration fee is applied as an extra (1.5% of contract value GST inclusive).

[ f u e l ]
Each vehicle is supplied with a full tank.
Cairns and Mt Isa: clients are to refuel immediately prior to returning/off-hiring the vehicle.
Townsville: refuelling is available at our depot at competitive rates.

[ m a i n t e n a n c e ]
Client is responsible for:
a) normal daily checks and top-ups (oil, water, fuel, tyre pressures etc);
b) notifying and arranging for servicing by Meteor Car & Truck Rentals at regular 5000km intervals for diesel vehicles and 10,000km for petrols, and mechanical repairs as required — damage arising from failure to comply is to the client’s account.

[ l o s s d a m a g e c o v e r ]
Included in our rates however Renters are reminded that:

an excess applies for any damage howsoever caused while in the Renters possession — the size of the excess varies according to driver’s age, vehicle type and rental office location.

We have available a risk reduction package which:
1. Reduces the amount of the excess
2. Covers against stone damage to the front windscreen and headlights (all vehicle types, and puncture repairs to tyres for sealed road use of cars and minibuses only - a NIL excess applies if taken advantage of.

Please note that our risk reduction package is mandatory for clients settling by cash or debit card.

Refer to our section on Loss and Damage Cover information for more details.

[ d i s c l a i m e r ]

The information on this site is general and is not intended to be advice on any matter. Nothing contained herein is intended to constitute an offer, inducement, promise or contract of any kind.

Ownership of the material within this web site remains vested in the proprietors of Meteor Car & Truck Rentals.

When driving drivers must use the requisite care and diligence required by law. Nothing within this site shall derogate from this legal requirement whatsoever.

The use of this web site and the material contained within it are governed by the laws of Australia generally and the state of Queensland in particular and all disputes are to be determined in accordance with these laws.

Pickup / Dropoff Policy

  • Our free service area includes:

    • local airport, railway station, bus and ferry terminals
    • inner city motels, hostels, business houses, etc

A service fee will apply to clients seeking a pickup/dropoff service to outer suburbs (POA).

  • A minimum hire value of $100 applies to qualify for a free pickup service.
  • A minimum hire value of $150 applies to those clients requiring both a free pickup and dropoff service.
  • These services are available during our regular hours of business.
  • As scheduled services for planes, trains and buses are inevitably delayed or running late we request that clients requiring a pickup service:
    • make arrangements with us ahead of time
    • phone us upon arrival - we will then dispatch a vehicle to collect you.
  • For those clients arriving after hours arrangements can be made to deliver our vehicles beforehand - refer to the following section on 'Vehicle delivery service'.
  • For those clients wishing to depart after our closing time arrangements can be made for us to collect our vehicle on the following morning - refer to the following section regarding 'Vehicle collection service'.

  • For clients on account or settling in advance by credit card, we offer a vehicle delivery service within the central city area and to the airport, for $20 GST inclusive (per vehicle movement).

    This service is also available to outer suburbs - POA
  • This service is not available to clients settling by cash, debit card, or by cheque i.e. the vehicle must be collected from a Meteor depot (a free client pickup service is available from the city or airport where the rental value exceeds $100.00).
  • The keys to vehicles delivered ahead of time to the airport, your motel, ferry or bus terminal will be left at the reception counter in an envelope, together with your copy of the rental agreement.

  • For clients on account or settling by credit card we offer a vehicle collection service within the central city area and from the airport, for $20 GST inclusive (per vehicle movement).

    This service is also available to outer suburbs - POA.
  • This service is not available to clients settling by cash, debit card, or by cheque i.e. the vehicle must be off hired at a Meteor depot (a free client dropoff service is available to clients who qualify).
  • Airport departures - clients have a choice of:
    • during business hours returning the vehicle to our depot and our staff running you to the airport (free service subject to the conditions outlined previously).
    • leaving the vehicle at the airport, the procedure being as follows:
      1. Park in the public car park - please do not park in bays reserved for other rental companies. NOTE: At Cairns airport there is two public carparks - one for domestic flights, and the other for international.
      2. Townsville only: place parking coupons on the dashboard for 2 hours if departing within our trading hours, or through to 8.30 am the following day if departing after 5 pm.
      3. Remove all personal belongings from our vehicle (don't forget to check the glove compartment) and lock the vehicle.
      4. Leave the keys with the airline counter staff (most airlines keep a key box for this purpose).

  • A cancellation fee of $350.00 per vehicle (GST inclusive) applies to bus and 4WD rentals where a cancellation is made within 7 days of the date that the vehicle was to have been collected. See above for full cancellation terms.
  • A cancellation fee equivalent to one days rental (excluding risk reduction options) will be applied in circumstances where the client doesn't show or makes a cancellation after the time (and date) nominated for collection.

    In addition if a local delivery was requested (including to the airport) and the vehicle was delivered a further fee of $30 GST inclusive will apply.
  • Where the client makes arrangements for the prior delivery of a vehicle and a representative of Meteor is not in attendance at the time the client collects same, the moving of the vehicle from its parked position shall indicate the client's acceptance of the terms and conditions on the rental agreement, a copy of which is provided with the keys.

Conditions

  • Available to our account clients, and to non account clients settling in advance via a major credit card.
  • Rental charges and kilometre allowances apply on an ex-depot/return to original depot basis - on longer term rentals this generally results in the kilometres travelled being absorbed within the free kilometres allowance applicable to the total duration of the hire.
  • A positioning and/or relocation fee applies, to recover ferry driver costs and fares.
  • Fuel costs are to the clients account.
  • A minimum of 48 hours notice is to be given where delivery or collection of our vehicle is required.
  • The client is obliged to return our driver to the nearest town serviced by a regular intercity bus line (or pick up our driver in the case of a collection service).

What we refer to as 'Loss and Damage cover' is commonly referred to as 'insurance' by the public, and is perhaps the most confusing and least understood facet of the rental industry as far as clients are concerned. We trust the information and explanations given here go some way towards alleviating that confusion.

[ loss and damage cover ]

Loss and Damage Cover covers the vehicle itself for damage, including damage caused to other vehicles or property where the driver of the covered vehicle is at fault. This cover usually also cover against fire and theft, but not your personal belongings or goods being carried by the vehicle.

It is very prevalent in the vehicle rental industry to advertise that 'free insurance' is included in the daily rental rate. What you more than likely won't be told is that significant excesses apply! The size of the excess generally varies according to the age of the driver, the type of vehicle being driven and where it will be driven (on sealed roads or off road).

It is Meteor's policy to list our principal excesses on the face of our rental agreement so that our clients are fully informed before signing the contract.

[ e x c e s s r e d u c t i o n ]

Generally throughout the rental industry and certainly with Meteor Car & Truck Rentals, the size of the excess can be reduced via our 'Risk Reduction' pack, the details of which can be found further down.

[ w i n d s c r e e n & h e a d l i g h t c o v e r ]

[ s t o n e d a m a g e ]

Via our 'Risk Reduction' Pack our clients can cover against stone damage to the front windscreen and headlights (all vehicles) and puncture repairs to tyres (for the sealed road use of cars and mini buses only). Where this cover is taken advantage of a NIL EXCESS applies to these items.

While windscreen cover is generally available throughout the rental industry we believe we are one of the very few to include the headlights in this cover.

[ c t p i n s u r a n c e ]

[ a m b u l a n c e ]

'CTP' is an abbreviation for Compulsory Third Party insurance.

This class of insurance is mandatory when registering any vehicle in the State of Queensland and provides cover for personal injury received as a direct result of a motor vehicle accident.

Our excesses before and after our 'Excess Reduction' option is applied is as follows:

STD EXCESSES

WITH EXCESS REDUCTION OPTION

VEHICLE TYPE

SEALED ROADS

OFF SEALED
ROADS

SEALED
ROADS

OFF SEALED
ROADS

Drivers 21+
Up to:

Drivers 21+
Up to:

Drivers 25+
Up to:

Drivers 21-24
Up to:

Drivers 25+
Up to:

Drivers 21-24
Up to:

OFFROAD
TRAILERS

$2750

$5500

$350

$750

$2750

$5500

ROAD
TRAILERS

$2750

N/A
Such use
voids
insur.

$350

$750

N/A
Such use
voids
insur.

CARS

$2750

$350

$750

MINIBUSES (7-14 Seat) & DEL. VANS

$2750

$550

$950

BUSES
(22-25 Seat)

$2750

$5500

$550

$950

$2750

$5500

UTILITIES
(4x2)

$2750

$5500

$550

$950

$2750

$5500

4WD's

$2750

$5500

$550

$950

$2750

$5500

TRUCKS

$2750

$5500

$550

$950

$2750

$5500

DAILY RATES FOR OUR RISK REDUCTION PACK

(This option pack is mandatory for those clients wishing to settle by cash or debit card.)

VEHICLE TYPE

REDUCED EXCESS (as shown above)

WINDSCREEN & HEADLIGHT COVER (Nil excess)

DAILY FEE
(Mt ISA)

DAILY FEE
(TSV/CNS)

OFFROAD
TRAILERS

N/A

$10.00

$10.00

ONROAD
TRAILERS

N/A

$10.00

$10.00

CARS

$32.00

$22.00

MINIBUSES (7-14 Seat) & DELIVERY VANS

$32.00

$22.00

BUSES
(22-25 Seat)

$37.00

$27.00

UTILITIES
(4x2)

$32.00

$22.00

4WD's

$37.00

$27.00

TRUCKS

$37.00

$27.00

[ r o o f d a m a g e ]

[ s l o w d o w n ]

NOTE:

The client remains responsible for all:

  • Overhead damage

  • Underbody, panel and/or mechanical damage as a result of road conditions

  • Damage arising as a result of water immersion

  • Damage sustained to the rear of the vehicle whilst reversing.

  • These provisions are

    more or less universal in the vehicle rental industry.

[ d r i v i n g t h r o u g h w a t e r ]

[ b u s r e v e r s i n g ]

You need to be aware that most rental companies differentiate between single vehicle accidents and those involving another vehicle. The reason behind this is that in most cases it can be reasonably argued that single vehicle accidents are the result of driver negligence or lack of thought.

Some examples of causes of single vehicle accidents include:

  • driving too fast in unfamiliar territory in an unfamiliar vehicle

  • driving too far for too long without proper rest breaks leading to a lack of concentration or the driver falling asleep

  • driving through the night when the chances of hitting an animal is greatest

  • inexperience in driving a larger vehicle than usual, resulting in damage to the vehicle by cutting corners or driving under a low structure

  • excessive speed on wet or gravelled roads

  • the mistaken belief that a 4WD can traverse any terrain at any speed (they can't and they won't)

  • the mistaken belief that vehicles (including 4WD's) can swim (the client is responsible for all damage arising as a result of water immersion).

While most reputable rental companies such as ourselves do set an upper limit on excesses applicable to single vehicle accidents (other than damage by water immersion), be warned that some companies expect you to pay for ALL damage arising from such an accident.

It is Meteor's policy to list our single vehicle accident excesses on the face of our rental agreement so that our clients are fully informed before signing the contract.

[ r o l l o v e r ]

SLOW DOWN

[ c u t t i n g c o r n e r s ]
DON'T CUT CORNERS

[ b u s r e v e r s i n g ]
BE CAREFUL WHEN REVERSING

SINGLE VEHICLE ACCIDENT

VEHICLE TYPE

SEALED ROADS

OFF SEALED
ROADS

Includes animal damage

Drivers 21+
Up to:

Drivers 21+
Up to:

OFFROAD
TRAILERS

$2750

$5500

ROAD
TRAILERS

$2750

N/A
Such use
voids
insur.

CARS

$2750

MINIBUSES (7-14 Seat) & DEL. VANS

$2750

BUSES
(22-25 Seat)

$2750

$5500

UTILITIES
(4x2)

$2750

$5500

4WD's

$2750

$5500

TRUCKS

$2750

$5500

 
 

METEOR CAR AND TRUCK RENTALS

TERM AND CONDITIONS OF AGREEMENT

Last updated: 01/02/06

TERMS & CONDITIONS AS PER THE FACE OF OUR RENTAL AGREEMENT:

I, THE RENTER/JOINT RENTER ALSO ACKNOWLEDGE THAT:

  1. If renting a boat this Agreement comprises Part A, Part B, and the Hire Boat Briefing Notes - I agree to comply with all three parts.

  2. ONLY RENTERS SPECIFIED ABOVE and who comply with clause 1.3 overleaf are AUTHORISED to DRIVE - minimum age is 21.

  3. Drink driving renders loss and damage cover null and void.

  4. Quoted "half" day rate covers 4Hrs, "overnight" 4.45pm - 7.45am, "daily" rate 24 Hrs - late returns will be charged at 1/5 of daily rate per Hr, in ½ Hr increments.

  5. If seeking to extend the rental I must advise IN ADVANCE otherwise the vehicle may be reported stolen if overdue - extensions are subject to vehicle availability and prepayment of additional rental.

  6. I AM RESPONSIBLE FOR ANY LOSS OR DAMAGE which occurs OUTSIDE THE AUTHORISED AREA of use and/OR AFTER THE AGREED TIME AND DATE OF RETURN.

  7. The non-waivable excesses quoted above and to Clause 7.2 overleaf applies to all damage HOWSOEVER caused, per incident.

  8. Underbody damage, overhead damage, reversing damage, damage arising from off (sealed) road use, and damage by water immersion is totally to my account.

  9. Off (sealed) road use of cars, 7 to 14 seat mini-buses, 25 seat buses, and trailers (other than off road trailers) renders loss and damage cover null and void.

  10. I am responsible for the cost of engine repairs if I continue to drive where the sump &/or cooling system loses fluid volume &/or flow from overheating, blockage, burst hose/line or impact, causing further mechanical damage. Progressive loss of engine power may indicate overheating - temp gauges don’t work when coolant is lost.

  11. I am responsible for checking all installation/connections BEFORE moving off, including to BABY SEATS and TRAILERS.

  12. Personal losses and/or expenditure incurred as a result of vehicle breakdown and/or break-in are my responsibility.

  13. Use of boats to tow persons renders loss & damage cover null & void.

  14. Rental Agreement finalisations (and refunds) are subject to a minimum 24 HRS CHECK-IN and INSPECTION PERIOD.

  15. Topping up of fuel upon return is to my account - a $15.00 service fee applies.

  16. Tyre damage (pro-rata) and/or puncture repairs are to my account.

  17. I will pay cleaning charges where vehicles are returned unduly dirty.

  18. I will only be reimbursed for AUTHORISED repairs (receipt required).

  19. I am responsible for parking fines and traffic violations -a $35 service fee applies.

  20. I will pay RACQ service fees for lockouts, tows if bogged or stuck, fitting spare wheels, empty fuel, flattened battery, or if I leave before RACQ arrives.

  21. Vehicle recovery, repair &/or detailing charges attract a 20% administration fee.

  22. If payment is to be made by cheque or credit card, Clause 10 overleaf applies.

TERMS & CONDITIONS AS PER THE REVERSE FACE OF OUR RENTAL GREEMENT:
1 INTERPRETATION

1.1 THE VEHICLE "the Vehicle" shall mean the Vehicle and/or boat and/or trailer supplied to Renter by the Owner pursuant to this and any follow on Agreement whether it be the Vehicle named in this Agreement or a substitute Vehicle together with all accessories thereto.

1.2 THE OWNER "the Owner" means ADDISON (NQ) PTY LTD, ABN 51 009 827 730 trading as METEOR CAR & TRUCK RENTALS, and its licensees and agents.

1.3 THE RENTER
(a)
(�) "Renter" means the persons, natural or corporate, listed on the face hereof to be the Renter or Joint Renter, and includes any person who signs on the face hereof as or on behalf of the Renter or Joint Renter, and notwithstanding that the person who signs is merely the servant or agent of the Renter or Joint Renter.
(ii) The Renter warrants that the particulars set forth on the face hereof are true and correct. (iii) If there is more than one Renter, any liability imposed on the Renter by this Agreement shall bind them jointly and each of them severally. (iv) Any person signing this Agreement on behalf of a company, incorporated association, government department or any other person, warrants that that person is the agent of that entity, and is authorised to enter into this Agreement.
(b)
(i) Subject to clause 1.3(b)(ii), the Renter must not permit any other person to drive the Vehicle.
(ii) If the Renter is a company, incorporated association or government department then the Renter must ensure that only drivers authorised by the Renter drive the Vehicle (iii) Notwithstanding clauses (i) and (ii), the Renter is liable to indemnify the Owner for any breach of this agreement by any person.
(c)
The Renter who drives the Vehicle shall:
(i)
be at least twenty-one (21) years of age.
(ii)
hold a current open driver's licence valid in the place of hire and for the class of Vehicle hired.

1.4 GENDER In this Agreement, words importing the singular include the plural and vice versa, and words importing a gender include other genders.

1.5 FAIR WEAR AND TEAR ‘Fair wear and Tear’ means the gradual reduction in operating performance of a part or parts of the Vehicle arising from its normal use on sealed roads and boats/boat trailers in uncontaminated water. ‘Fair wear and tear’ does not include accelerated wear and tear and/or accelerated corrosion and/or damage and/or breakage or failure arising from but not limited to:

(i)
the Vehicles'use off sealed roads and/or in or through water containing contaminants of such a level that cause or accelerate corrosion , deterioration or damage;
(ii)
the Vehicles'misuse and abuse, improper servicing and/or maintenance not in accordance with the Vehicle Manufacturers' requirements, damage via water ingress, impact and/or infliction, damage by exposure to airborne pollution, paint overspray, salt air or spray (boats/boat trailers excepted), and chemical attack.
1.6 LOSS AND DAMAGE
(a)
"Loss" and/or "damage" shall, without limiting the generality thereof include:
(i)
loss and/or damage caused to the Vehicle (including its tools accessories and equipment);
(ii)
any loss and/or damage caused to the property of any other person and/or injury to any person;
(iii) all costs and expenses of any claims, actions, suits or proceedings arising as a result of loss or damage set out in (i) or (ii) above and all consequential loss to the owner including loss of rental income.
(b)
"Overhead damage" includes all loss and/or damage caused to or by the Vehicle arising out of the Vehicle colliding with any overhanging or overhead object at or above roof level of the drivers cabin or boat canopy, or if damage is caused by persons or by placing objects on the roof or canopy of the Vehicle.
(c)
"Underbody damage" includes all loss and or damage caused to:
(i)
Road going Vehicles at or below floor level of the Vehicle including but not limited to panelwork, bumpers, mudguards, wheels, suspension, driveline, fuel tank, spare tyre carrier, exhaust system or chassis;
(ii)
Boats at or below the waterline including but not limited to the hull, outboard leg, or propeller.
(d)
"Reversing damage" includes all loss and/or damage caused to or by the Vehicle whilst moving backwards.
(e)
"Water damage" includes all loss and/or damage to the Vehicle caused by partial or total immersion in water or any other fluid.
(f)
"Single Vehicle accident" includes all loss and/or damage caused to or by the Vehicle as a result of an impact with any or all objects whether animate or inanimate except another Vehicle which can be fully identified and all details provided.
(g)
"Multi Vehicle Accident" includes all loss and/or damage caused to or by the Vehicle as a result of an impact between two or more vehicles which can be fully identified and all details provided.
2. DRIVING THE VEHICLE
2.1 Renter shall:
(a)
not use the Vehicle for any purpose or in any manner whereby the Owner's insurer will not indemnify the Owner under any policy of insurance for damage to the Vehicle:
(b)
not tow a Vehicle unless the Vehicle is equipped by the Owner with a tow bar;
(c)
not make any unsafe or impractical water crossing;
(d)
not damage the Vehicle or use it when it is damaged or unsafe;
(e)
comply at all times with all statutes, rules and regulations relating to the driving of Vehicles and/or the towing of Vehicles;
(f)
not interfere with, damage or disconnect the odometer. In the event that in the opinion of the Owner the odometer has been damaged, disconnected or interfered with the Renter shall pay rental on the kilometreage determined by the Owner as being reasonable but not less than 400 kilometres per day;
(g)
not use the Vehicle outside the Authorised Area of Use indicated on the face hereof. If in the opinion of the Owner the Vehicle has been used outside the Authorised Area of Use the Renter shall pay an increased rental rate determined by the Owner as being commensurate with the usage of the Vehicle.
3. RETURNING THE VEHICLE
3.1 Renter will return the Vehicle to the Owner:
(a)
at the place, date and time specified on the face hereof;
(b)
in the same condition (fair wear and tear excepted) as it was when rental began; and
(c)
in a clean and tidy condition.
3.2 The Vehicle shall not be deemed to have been returned until the custody of the Vehicle is accepted by an employee of the Owner;
  1. In the event of the Vehicle breaking down or being rendered inoperable and/or unsafe as a result of an accident or any other reason, and where circumstances fall outside of any emergency breakdown service provided by the Owner through the R.A.C.Q. or any other provider, the Renter shall arrange at his own expense to return the Vehicle to the Owner forthwith. The period of rental shall be determined upon such return of the Vehicle to the Owner, by the Owner. In no event shall the Owner be responsible for any expenditure and/or loss incurred by Renter arising out of any breakdown or failure of the Vehicle whether caused by fair wear and tear or negligence on the part of the Owner or for any reason whatsoever.

  2. DETERMINATION OF AGREEMENT

4.1 The Owner is entitled to take back the Vehicle at any time and so terminate this Agreement.

4.2 The Owner shall be entitled to enter upon any place where the Vehicle is situated or where the owner suspects the Vehicle may be situated and repossess the Vehicle without being liable for so doing and the Renter agrees to indemnify the Owner in respect of any claim action suit or demand arising out of any such entry and or repossession.

  1. If the Renter fails to return the Vehicle to the Owner within twenty-four (24) hours after the due time and date for its return, the Renter acknowledges that the Vehicle will be deemed stolen and the Owner may advertise that the Vehicle has been stolen and is believed to be in the possession of the Renter. The Renter hereby releases and discharges the Owner from any liability that might arise as a result of any such advertisement.

  2. SECURITY AND MAINTENANCE

Renter shall:

(a)
remove the ignition keys and secure the Vehicle when not in use. The Vehicle shall be deemed not to have been secured if it moves from its parked position whilst an authorised Driver is not in control of the Vehicle;
(b)
top up as required engine oil, battery, radiator and brake fluid levels and tyre pressure when required and will check the same at least daily;
(c)
drain air tanks (where fitted) daily;
(d)
arrange for the return of the Vehicle to the Owner or servicing Agent as required to perform any servicing (at the kilometres indicated on the service sticker), maintenance or repair arising during the term of the rental.

6. LOSS AND DAMAGE COVER If the Renter does not accept the loss and damage cover offered by the Owner, the Renter must produce to the Owner before the rental commences a comprehensive policy of insurance with a reputable insurer insuring the Vehicle until it is returned or recovered, for full market value if the Vehicle is more than 12 months old or for full replacement value if the vehicle is less than 12 months old.

7. DAMAGE TO VEHICLE

7.1 If the Vehicle is lost, stolen or returned damaged in breach of clause 3.1, the Renter shall be liable to compensate the Owner for all loss and damage sustained by the Owner as a result including but not limited to the following:

(a)
the full cost of repairs to the Vehicle or if the Vehicle is damaged beyond economic repair, its full retail market value if the Vehicle is more than 12 months old or its full replacement value if the Vehicle was less than 12 months old; and
(b)
all loss of income from rental of the Vehicle whilst it is being repaired or replaced; and
(c)
all legal expenses on a solicitor and own client basis incurred by the Owner in recovery of any amount that it is entitled to under this agreement.

7.2 If the Renter returns the Vehicle to the Owner and the Vehicle has sustained or caused damage the Renter will pay to the Owner the following amounts on a per incident basis:

(a)
If the Renter has accepted the loss and damage cover offered by the Owner;
(i)
Up to a maximum of the applicable non-waivable excess shown on the face of this Agreement; or
(ii)
If the Vehicle is a prime mover or rigid tipper and is damaged whilst tipping -up to a maximum of $5,500.00(including GST); or
(iii) if the Vehicle is fitted with a crane -up to a maximum of $5,500.00 (including GST) for any damage arising from the use thereof.
(b)
If the Renter has declined loss and damage cover offered by the Owner, the costs of all loss and damage caused to the Owner by reason of damage caused to or by the Vehicle.

7.3 Notwithstanding that the Renter has accepted the loss and damage cover offered by the Owner, that cover shall be voided and the Renter shall be liable to compensate the Owner in accordance with clause 7.1 in the following instances:

(i)
if the Renter is in breach of any warranty made to the Owner at the time of entering into this Agreement;
(ii)
if the Vehicle is used outside the Authorised Area of Use indicated on the face of this Agreement;

(iii) If the loss or damage occurs outside the period of rental referred to on the face of this Agreement or any extension thereof, authorised by the Owner;

(iv)
if the driver of the Vehicle at the time any loss or damage is caused is not a person authorised by this Agreement to drive the Vehicle;
(v)
if the Vehicle is driven by a person who is not licensed to drive the Vehicle under all relevant acts, by-laws and regulations;
(vi)
if the Vehicle is driven by any person whose blood alcohol concentration exceeds the lawful percentage, or who is under the influence of any drug, toxic or illegal substance, or by any person who refuses to provide or allow the taking of a sample of breath, blood or urine for testing as required by law;

(vii) if the Vehicle is used to carry a greater number of passengers, or to convey or tow a load in excess of the loads for which the Vehicle and/or its attachments was constructed;

(viii) if the Vehicle is a boat and is used to tow people including but not limited to skiers, board riders, persons riding a flotation device;

(ix)
if the Vehicle is used when it is in an unsafe or unroadworthy condition where Renter knew or should have known of such condition;
(x)
if any loss or damage has been caused or materially contributed to by Renter's serious criminal act;
(xi)
if the damage is caused by war, foreign hostilities, by nuclear fuel, waste or material;

(xii) if the Vehicle is used for any experiment test trial or demonstration;

(xiii) if the Vehicle is used for or being tested in preparation for any motor sport;

(xiv) if the Renter or any driver has at any time been refused motor Vehicle insurance or a continuance thereof by any insurer;

(xv) if the Vehicle is used by the Renter to carry inflammable liquids, gases or solids, having a true flash point under 22.8C or any substance of an explosive or corrosive nature;

(xvi) for any loss of use or depreciation, mechanical or electrical breakdown or failures or breakages to the Vehicle or damage to tyres by application of brakes or by road punctures or bursts;

(xvii) if loss or damage occurs caused by lawful seizure or operation of law;

(xviii) if the Vehicle incurs "Overhead", "Underbody", "Reversing" or "Water" damage as defined in Clause 1.6(b), (c), (d) and (e).

(xix) if the Vehicle is or includes a car, 7 to 14 seat minibus, 25 seat bus, or trailer (other than designated off road trailers) and it is used on an unmade or unsealed road or surface;

(xx) for any loss or damage caused by or to a trailer used in connection with the Vehicle, if the trailer is not the property of the Owner;

(xxi) if the Renter fails to notify the Owner within 24 hours after any incident involving damage to the Vehicle or damage to the property of another person or injury to any person or to comply with any request of the Owner to supply a detailed, written and signed report of any incident;

(xxii) if the Renter makes a false statement to the Owner in respect of any damage caused to the Vehicle or to the property of another person or injury to any person.

7.4 LIABILITY OF THE OWNER

(a)
The Owner gives no warranty except those implied by the Trade Practices Act 1974 or any other law as to the condition of the Vehicle. Where those laws permit the Owner to limit liability for breach of implied condition or warranty, the Owner limits liability to replacement, repair or resupply and in particular the Owner is not liable for any indirect or consequential loss or damage;
(b)
The Owner is not liable to any person and Renter indemnifies the Owner for any loss or damage to any property stolen from the Vehicle or otherwise lost during rental or any property left in the Vehicle after its return to the Owner;
(c)
The Renter warrants that before he commenced using the Vehicle he fully examined same and by such examination or by whatever other means satisfied himself as to the quality and fitness for the purpose for which the Vehicle is required by the Renter. If in any way the Vehicle is defective or unsuitable for Renter it shall be returned immediately to the Owner with written details of such defects or unsuitability and upon such return to the Owner the period of rental be determined. Renter acknowledges that he in no way relies upon the skill or judgement of any representations made by or on behalf of the Owner in respect to the Vehicle or its performance.
(d)
The Owner is not liable to any person and Renter indemnifies the Owner for any loss or damage caused by or to a trailer used in conjunction with the Vehicle, if the trailer is not the property of the Owner.

7.5 CLAIMS AND PROCEEDINGS

Where use of the Vehicle by Renter results in any claim, accident, damage or loss, the Renter;

(a)
will report such incident to the Owner as soon as possible by telephone, and supply full details in writing to the Owners satisfaction within twenty-four (24) hours after the event.
(b)
will not, without the written consent of the Owner make or give any offer, promise or payment, settlement waiver, release, indemnity or admission of liability;
(c)
shall permit the Owner or its Insurer at the cost of Renter to bring, defend, enforce or settle any legal proceedings against third parties;
(d)
will complete and furnish to the Owner within a reasonable time any statements, information or assistance which the Owner or its Insurer may reasonably require, including attending at Lawyer's offices and at Court to give evidence;
(e)
will report such incident to police as is required by law and/or at the direction of the Owner;
(f)
Renter shall at the request and cost of the Owner do and concur in doing and permitting to be done in the name of Renter or any person on whose behalf Renter has entered into the within agreement all things as are necessary or reasonably required by the Owner for the purpose of enforcing any rights, or obtaining relief or indemnity from other parties in respect of any loss or damage to or in connection with the Vehicle.

7.6 WINDSCREEN, HEADLIGHT & PUNCTURE REPAIR COVER (only applies if selected).

(a)
The Renter will not be charged for stone damage to the front windscreen, headlights and/or headlight protectors to any Vehicle.
(b)
If the Vehicle is a car or mini-bus (up to 14 seat capacity) the Renter will not be charged for puncture repairs where usage is confined exclusively to sealed roads.
  1. PERSONAL ACCIDENT INSURANCE (only if selected by Renter). If the Renter elects to take up a personal insurance plan for the benefit of any driver with an insurer proposed by the Owner, the benefits payable to any Driver of the Vehicle will be as specified by that Insurer from time to time. The Owner accepts no liability for any change to the benefits payable or conditions of payment and the Renter will satisfy himself as to the amount of the benefit and any conditions of payment of such benefits before any such insurance is effected.

  2. PAYMENT

Renter agrees to pay the Owner on demand:

(a)
all charges specified on the face hereof: all distance charges are to be measured by using the Vehicle's odometer.
(b)
all monies payable by the Owner or Renter arising out of use of the Vehicle by Renter or imposed on the Owner or on Renter by any Governmental or other competent authority;
(c)
all monies for which Renter is liable to the Owner under this Agreement in respect of damage, loss or otherwise;
(d)
all monies paid by the Owner to recover the Vehicle and to return it to the Owner's depot;
(e)
all legal costs "on a solicitor and own client basis" and/or debt collection agency and/or any other costs incurred by the Owner to recover from the Renter any monies payable by the Renter under this Agreement.
(f)
interest at the rate of 15% per annum calculated on a daily basis, on all overdue monies owing under this Agreement.
(g)
liquidated damages, which the parties agree to be equal to twenty percent (20%) of the total amounts payable by the Renter to the Owner pursuant to clauses 9(c), 9 (d) and 9 (e).

10. PAYMENT BY CHEQUE OR CREDIT CARD

(a)
Renter acknowledges and agrees that Renter has irrevocably authorised the Owner to complete date and payment details upon the cheque(s) or credit card imprint(s) left by the Renter in the Owner's possession.
(b)
Renter acknowledges and agrees that renter has irrevocably authorised the Owner to calculate the total of the amount(s) due by the Renter to the Owner under the terms of this Agreement from time to time and that the amount(s) calculated