Rental Vehicle Agreement Terms and Conditions
This is an Agreement between the hirer identified on Page 1.
(you) and Rojik Pty Ltd trading as Excel Network Rent-a-Car
A.B.N. 35138212697 (the Company) to rent the motor vehicle described
on Page 1. including all accessories, tools, tyres and equipment
and any replacement vehicle (the vehicle).
(a) 1'Owner" means the business the name of which appears
(b) "Hirer" unless a contrary intention appears, means
(i) The natural person, company, corporation or government department
shown as the
(ii) Any person, company, corporation or government department
which is or becomes vicariously liable at law to any other person
for loss or damage caused by the driver or the vehicle; and
(iii) Any person shown as "joint Hirer" on the face
(c) In the case of joint hiring. Hirers are jointly and severally
liable in respect of all the terms and conditions of this agreement.
VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition.
You acknowledge that the vehicle is in good overall condition,
and has only those defects/damage stated/described on the front
page. You agree to return the vehicle in the same condition
(except for ordinary wear and tear NOT INCLUDING WINDSCREEN
OR TYRE DAMAGE) together with all tools, tyres, accessories
and equipment to the location specified on Page 1 and on the
date there specified (or sooner, if demanded by the Company).
The Company may take possession of the vehicle without demand
and at your expense, if it is illegally parked, used in violation
of the law of this agreement or if it is apparently abandoned.
For the purpose of computing distance the odometer reading of
the vehicle shall be taken as final and conclusive.
If the seal of the odometer is broken the persons responsible
will be reported to the appropriate authority and you are responsible
for extra charges based on 500 kilometres per day at 50c per
Note: The Company must be notified and agree to any extension
of the period of hire beyond that stated on Page 1 of this agreement
in advance of the return date and time or the vehicle will be
immediately reported as stolen.
UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle:
(a) A person who is not identified on Page 1.
(b) A person who is under the influence of narcotics, alcohol
or any other intoxicant.
(c) A person whose blood alcohol concentration exceeds the lawful
concentration of alcohol.
(d) A person who has given or for whom you have given a false
name, age, address or
driver's licence details.
(e) A person whose driver's licence has been cancelled, endorsed
or suspended within the
last three years.
(f) A person who has held a driver's licence for less than two
(g) A person who has not attained the age of 21.
Circumstances in which and/or for which the vehicle must not
(h) Outside the area of use limitations shown on page 1.
(i) On unsealed roads or off roads conditions unless authorised
by us in writing.
(j) To carry persons for hire or to carry any inflammable, explosive
or corrosive materials.
(k) To propel or tow any vehicle, trailer, boat or other object
unless the Company has
authorised such use in writing.
(l) To carry any greater load and/or more persons than is lawful,
(m) For racing, pacemaking, reliability trials, hill climbing
or being tested in preparation for
(n) In a dangerous manner,
(o) In contravention of any legislation or regulation controlling
vehicular traffic or for any illegal purpose.
SPECIAL NOTE: JOINT HIRERS & ALL DRIVERS ARE JOINTLY &
SEVERALLY RESPONSIBLE UNDER THIS AGREEMENT.
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT ON
PAGE 1 AUTHORISING THE COMPANY TO DEBIT YOUR CREDIT CARD / DEPOSIT
(and you will pay on demand any balance) WITH THE FOLLOWING
(a) All rental charges specified on Page 1.
(b) All charges claimed from the Company in respect of parking
or any other traffic violations
incurred during the period of hire or until such later time
as the vehicle is returned to the
(c) (1) Our costs of recovering or attempting to recover from
you outstanding charges, including any mercantile agent’s
cost, and legal costs on a full indemnity basis if we are successful
in our legal action against you.
(2) 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.
(d) (i) Any condition of this agreement, and in particular Condition
3 or any special
condition on Page 1 has been breached;
(ii) The vehicle is involved in a single vehicle accident unless
the Company waives
such loss to an amount shown on Page 1; A single vehicle incident
is defined as any incident where the vehicle suffers loss of
damage 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.
(iii) You have left the vehicle unlocked or left the keys in
(iv) You have not kept the key secure and under your personal
(v) the underbody of the vehicle is damaged regardless of cause
when no other
vehicle was involved;
(vi) the vehicle is totally or partially immersed in water regardless
(vii) the interior of the vehicle is damaged regardless of cause
when no other vehicle
(viii) the tyres of the vehicle are damaged other than by normal
(ix) the vehicle is damaged by driving it under or into an object
lower than the height
of the vehicle;
(x) you have failed to maintain all fluid and fuel levels or
failed to immediately rectify or report to us any defect of
which you become aware:
(xi) the vehicle is damaged by loading or unloading, other than
Special Note: If you have paid by use of credit card or directed
the Company to bill charges to some other person, corporation,
form or organisation who or which fails to make payment when
due, you will immediately pay the full amount due to the Company
If you act within the terms and conditions of this agreement
the company may grant a damage waiver (including legal costs
incurred with our consent) for your benefit in respect of damage
to the vehicle or third party damage other than any property
owned by you (or any friend, relative, associate or passenger)
or in your physical or legal control. This waiver is subject
(a) Your payment of the damage / or loss liability stated
on Page 1.
(b) Your not having acted or having caused any other person
to have acted in any manner
which is in contravention of this agreement including the special
conditions of Page 1.
(c) Your not being covered under any policy of insurance.
(d) Your providing such information and assistance as may be
requested and. if necessary,
authorising the company insurer to bring, defend or settle legal
proceedings, but the
company shall have sole conduct of the proceedings.
(e) Your not making any admission of liability, offer, promise,
payments or indemnity to any
third party with respect to any damage or injury.
(a) You will promptly report any accident or loss involving
the vehicle while rented under this
agreement to the Company location where the vehicle was hired
and will deliver to the
Company immediately, every summons, complaint or paper in relation
to such loss.
Compliance with this sub-paragraph does no excuse the hirer
from reporting an accident
to the police or other proper authorities.
(b) You release and hold harmless the Company (and its agents
and employees) from all
claims for loss of damage to their personal property, or that
of any other person left in the
vehicle, which is received handled or sorted by the company
at any time before, during or
after this rental period, whether due to the Company's negligence
(c) Except as provided by law no driver or passenger in the
vehicle shall be or deemed to be
the agent, servant or employee of the Company in any manner
for any purpose
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY
WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE
VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY
(e) No right of the Company under this agreement may be waived
except in writing by an
officer of the Company.
(f) The hirer shall not be entitled to recover from the Company
any sum for any delay,
inconvenience or loss of any kind due to any accident, breakdown
or defect in the car or
any other cause whatsoever.
(g) Words used in this agreement to denote any gender shall
include all genders, singular
words include all genders, singular words include the plural
and vice versa.
The vehicle must be returned with the amount of fuel equal to
that at the time of the commencement of the rental. If the vehicle
is returned with less fuel the difference will be charged at
a rate which may include a service component unless prior arrangements
have been made and noted on Page 1.
The terms of this Agreement only shall form the contract between
the Company and the hirer notwithstanding any purported variations
or representations made either before or after the signing hereof.
The hirer acknowledges that no representation, warranty, conditions
whether express or implied are hereby excluded except such rights
and remedies in respect of the rental which the hirer may have
under the Trade Practices Act 1974 or under any law of a State
or Territory which may not by law be excluded.
LAW OF SOUTH AUSTRALIA TO APPLY
This Agreement shall be construed according to the Laws of South
Under the Privacy Act (Cth) 1998 we will not sell or rent your
personal information without your consent. We may disclose your
personal information where we are required or authorised by
Law to disclose your personal information or for any pupose
connected to fraud, crime prevention or impropriety investigation.