Terms and Conditions
Owner and Renter
This document is an AGREEMENT between RENT WA PTY LTD (hereinafter called “The Owner”) and the party whose signature appears as Renter on the front of the document (hereinafter called “The Renter”) whereby it is mutually agreed between the parties as follows:
- The Owner hires to the Renter and the Renter rents from the Owner the motor vehicle that is described on the front of the document (hereinafter called “The Vehicle”) for the rental period and at the rental amount set out on the front of the document and subject to the following terms and conditions.
- Any person who signs this Agreement on behalf of the Renter warrants that for all purposes of the Agreement they are the duly authorised agent of the Renter and if such person is not the duly authorised agent of the Renter, then in consideration of the Owner permitting that person to drive the vehicle they shall be deemed to be the Renter and agree to be bound by all of the terms and conditions of this Agreement.
- The Renter warrants that:
- no person shall drive the vehicle that:
- does not have a current driver’s licence valid in the state or territory and valid for the class of vehicle hired.
- has been refused motor vehicle insurance.
- is under the influence of liquor or drugs.
- is under the age of 21 years.
- has not held a drivers licence for the required class of vehicle for a minimum of 12 months.
- all particulars shown on the front of this document relating to the driver and the Renter are correct.
- the Renter acknowledges that the Owner enters into this Agreement strictly on the reliance on the truth of the above representations and those on the front of the document.
- The expression “the Renter” shall mean and include:
- any person who signs this Agreement whether on their own behalf or on behalf of any other person, company, corporation or government department.
- the person, company, corporation or government department shown in the “INVOICE TO” section on the front of the document.
- any person, company, corporation or government department which is or becomes vicariously liable at law to third parties for loss or damage caused by the driver of the vehicle where it is established that the hiring was made by the driver as agent for and on behalf of such person, company, corporation or government department.
- in the case of joint hirers, the Renters shall jointly and severally be liable in respect of all the provisions of the Agreement.
Rental Period and Rental Charges
- The rental day is for the 24 hour period that is allowed by the Owner (ie. 7am to 7am) and late charges will apply if the vehicle is not returned on time. The rental period shall be from the date and time out on the front of this document until the vehicle is returned to the depot from where it was hired.
- After a one hour period of grace, later return charges will be calculated at one third of the daily rental rate for each hour or part thereof to a maximum of three hours after which normal daily rate will apply.
- The Renter shall pay the total rent for the rental period to the Owner and that rent shall be the total of:
- the “daily rate” which may be the rates as per the Owner’s brochure, an agreed flat rate or any other rate accepted by the Renter, which may include a charge for kilometres driven in excess of the agreed minimum (the total distance driven shall be measured by the starting and finishing readings on the odometer in the vehicle which must not be tampered with).
- charges for fuel, insurance waivers, re-positioning, cleaning and any other charges.
- any credit card and/or merchant processing fees that may be applicable and noted on the front of this document.
- any late return charges that may be applicable.
- all stamp duties payable in respect of the rental period.
- all other government taxes including GST.
- a sum equal to the value of any tools or accessories lost or stolen during the rental period.
- the agreed sum payable in respect of each and every damages excess as specified on the front of the document.
- any fines for traffic or parking offences incurred during the rental period plus administration fees where applicable.
- any expenses incurred by the Owner in repossessing the vehicle.
- The Renter hereby irrevocably and unconditionally authorises the Owner to charge from time to time, any credit or charge card nominated by the Renter for that purpose with all charges referred to above and in the event that such charges are not met by the credit provider within 7 days such charges being claimed by the owner then the Renter shall pay some to the Owner on demand. The Renter shall be personally liable for all charges under the rental Agreement if the person or entity to whom the charges are forwarded, at the direction of the Renter, fails to pay such charges.
Responsibilities of the Renter
- The Renter shall take good care of the vehicle at all times and maintain the correct coolant, oil and other fluid levels for all components and keep tyres correctly inflated.
- The Renter must not let any person who is not authorised by this Agreement to drive the vehicle.
- The vehicle must not be used by the Renter for any illegal purpose, or to race, or for any other purpose that may damage the vehicle, or to carry or tow any load in excess of what the vehicle was designed to carry.
- The vehicle must not be driven or used by the Renter in contravention of any of the provisions of the road traffic act of the State or Territory in which it is driven
- The vehicle must not be driven by the Renter while they have a blood alcohol level that is equal to or greater than the percentage which constitutes an offence at law.
- The vehicle must not be driven or used by the Renter, or anybody else, for the conveyance of passengers for hire, fare or reward.
- The Renter will not, without the written consent of the Owner, make any admission of liability or promise of compensation in the event of any property or third party damage as the result of an accident.
- The vehicle will not be used for the transportation of restricted articles of property unless the Renter, at their own cost, obtains all necessary permits and licenses.
- The vehicle will not be used by the Renter to haul any goods unless specified on the face of this Agreement or to convey any load that is improperly loaded or secured.
- The vehicle will not be abused or misused by the Renter in any way or be driven or used when it is in a damaged or unsafe condition.
- The vehicle will not, without the prior written consent of the Owner, be used by the Renter for the carriage of inflammable liquids, gases or solids or any goods, materials or substances of an explosive or corrosive nature.
- The Renter will report in writing to the Owner within 24 hours after any theft or breakdown of the vehicle or the occurrence of any accident or incident which might give rise to any claim against the Owner or the Renter by a third party for injuries or damages to property arising out of the use of possessions or the vehicle by the Renter.
- The Renter will enable the Owner to inspect the vehicle for the purpose of ascertaining its condition and state of repair.
- The Renter acknowledges that the vehicle (which expression shall include all tyres, tools, accessories and equipment) is the property of the Owner and that it has been received by the Renter is good order and condition and the Renter covenants with the Owner that at the end of the rental period the vehicle will be in the same condition as at the beginning of the hire, except for fair wear and tear (as determined by the Owner) and any accident damage that may be the subject of the conditions of this Agreement and that the Renter will indemnify the Owner for all losses and expenses in respect of any damage to the vehicle.
- The Renter covenants with the Owner that the Renter will comply with all State and Federal statues relating to the operation of motor vehicles and, without limiting the generality thereof, will pay all taxes, tolls, levies, charges, duties, fines and penalties imposed on the vehicle or arising from the use of vehicle by the Renter during the rental period and will apply for and obtain all necessary permits and licenses, lodge returns, execute such documents and do all the acts and things and pay all such monies that may result from a particular use of the vehicle and will indemnify the Owner in respect of any liability incurred for any type of breach.
Damage to the Vehicle
The Renter agrees that:
- The Renter shall be liable to the Owner for the full amount of any damage to the vehicle (however it may have been caused) which occurs on or after any breach by the Renter of any term, condition, warranty or undertaking contained in this agreement.
- The Renter acknowledges and agrees that the value of any damage to the vehicle shall be assessed by the Owner. The Owner inspects the vehicle at the beginning and end of each hire of the vehicle and any new damage that appears on that report shall be conclusive evidence that the damage was done by the most recent Renter and therefore that Renter shall be liable for the cost of repairing those damages. (It is recommended that the Renter inspects the vehicle prior to departure).
- The Renter shall be liable to pay the Owner on demand for the value of any damage or loss assessed as having been cause by that Renter. The term is not restricted to damage to the vehicle or other property but may include the loss of rental income while the vehicle is unavailable for hire.
- The amount payable by the Renter for damages may be limited to the amount of the excess stated on the face of the rental Agreement notwithstanding that clause below will still apply in the event of off-road use, as will all other relevant terms and conditions.
- If the Renter uses the vehicle in any area where unmade or unsealed roads are common then the Renter shall be liable for and indemnifies the Owner against: A. the cost of rectifying all tyre damage not attributable to normal wear and tear. B. the cost of rectifying all under carriage damage. C. the cost of repairing all body damage unless such damage can be proven to relate to a specific accident on a public road. D. the cost of returning the vehicle to the originating branch should be vehicle for any reason break down, be abandoned or need towing. E. the cost of rectification of damage to suspension, chassis, differential, gearbox, transfer case, axles, wheels, engine or other damage cause by abnormal use, misuse or abuse of the vehicle. F. the cost of replacing spare wheels and any other tools, equipment or accessories.
The Owner may determine this Agreement and without notice repossess the vehicle whereupon all monies previously paid by the Renter shall be forfeited to the Owner but without prejudice to any claims or rights of the Owner is any of the following events:
- The Renter is found to be in breach of any term, condition or warranty contained in this Agreement or has been made any misrepresentations to the Owner
- The Owner considers on reasonable grounds that the conduct of the Renter is likely to affect prejudicially the interest of the Owner or the condition of the vehicle
- The Renter is in arrears of rent or other monies due to the Owner
Payment of Charges
The Renter hereby irrevocably and unconditionally authorises the Owner to charge to your credit card and/or to charge to your account (as nominated respectively under “Payment Information” in the rental Agreement or in the Credit Card Authority) all charges payable by the Renter under this rental Agreement. If the Renter fails to make full payment of any charge due to the Owner: a) You agree to pay the Owner: Interest on all outstanding charges at a rate of 10% per annum. You agree that such interest is a pre-estimate of our damages. Payments received will be credited firstly against any accrued but unpaid interest; b) Our costs of recovering or attempting to recover from you outstanding charges, including any mercantile agent’s costs, and legal costs on a full indemnity basis; c) We shall be entitled to list your payment default/s with the Credit Reference Association of Australia or other relevant credit reference organisations, which you acknowledge may affect your credit rating.
No Claim Against the Owner
1. The Renter will not at any time make any claim against the Owner for any loss or damage or delays through breakdown, mechanical difficulty, fire or accident or by reason of the vehicle being found to be unfit for the purpose of the Renter or with respect to any loss or damage to any property stolen from the vehicle or damages or otherwise during the rental period or left in the vehicle after the return of the vehicle to the Owner and the Renter hereby agrees to indemnify the Owner in respect of all claims, damages and actions brought against the owner in respect thereof. 2) The fact that all the Owner’s vehicles are comprehensively insured against theft, fire and accident damage in no way diminishes the responsibility of the Renter to pay for any damage cause (or the agreed excess, subject to the Terms and Conditions). 3) The Renter is not and shall not deemed to be the agent of the Owner for any purpose whatsoever and for all purposes shall be in no better position than a person driving the vehicle with the consent of the Owner. 4) Where the Renter prefers to arrange their own insurance cover, no liability will be accepted by the Owner. In the event of damage the vehicle will be returned to the Owner for assessment and repairs will be carried out by the Owner at the Renter’s expense.
Except for any warranties implied in this Agreement by the Trade Practices Act 1974, all conditions and warranties (statutory or otherwise) whether of fitness for purpose, quality or description are negative and excluded. To the extent permitted by law, any warranties as to the condition of the vehicle are expressly excluded by the Owner and the Owner hereby limits their liability for breach of any condition or warranty implied by law to be replacement, repair or resupply and the Owner shall not be liable for any indirect or consequential loss or damage.