Terms & ConditionsExcel Network Rent a Car is a wholly South Australian owned and operated family business.
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 overleaf,
(b) “Hirer” unless a contrary intention appears, means and includes:
(i) The natural person, company, corporation or government department shown as the Hirer overleaf.
(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 hereof.
(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 kilometre.
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 prescribed 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 years.
(g) A person who has not attained the age of 21.
Circumstances in which and/or for which the vehicle must not be used:
(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 those purposes,
(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 CHARGES:
(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 Company.
(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 the vehicle;
(iv) You have not kept the key secure and under your personal control;
(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 of cause:
(vii) the interior of the vehicle is damaged regardless of cause when no other vehicle is involved;
(viii) the tyres of the vehicle are damaged other than by normal wear;
(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 normal wear
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 on demand.
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 to:
(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 or otherwise.
(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 whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(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 Australia.
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.