Terms and Conditions

RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS

1. Agreement.

1.1 This rental agreement (RA) is between the prospective hirer

(YOU, including any additional drivers identified) and the

COMPANY (Access Rent-A-Car) to rent the vehicle identified

on the RA including all its accessories, tools, tyres and

equipment as well as any replacement vehicle.

1.2 This rental agreement shall be governed by the laws of

South Australia.

2. Vehicle condition and return.

2.1 By signing the RA, YOU agree that the vehicle is delivered to

you in good operating condition and with the seal of the

Odometer unbroken.

2.2 YOU agree to return the Vehicle in the same condition

(except) for ordinary wear and tear (NOT INCLUDING

WINDSCREEN DAMAGE) together with the tools, tyres,

accessories and equipment supplied.

2.3 YOU agree to return the Vehicle at the specified Date, Time

and Location recorded on the RA.

2.4 Any extension to the period of hire can be denied, without

explanation, or agreed to in writing at the COMPANY’S

discretion, in advance of the return date and time specified

on the RA. Failure to comply with this condition will result in

the Vehicle immediately reported as stolen.

2.5 Returning the Vehicle late without the COMPANY’S knowledge

or permission will result in an additional charge equivalent to

the daily rate on the RA.

2.6 The COMPANY reserves the right to take possession of the

Vehicle and end the RA at its sole discretion during a rental

period if there has been a breach of the terms and conditions

of the RA, including if the vehicle is illegally parked, suspected

of being used in violation of the law, abandoned, or the

Vehicle has been tampered with or modified in any way.

2.7 If returning the Vehicle at the specified return location after

business hours YOU accept responsibility for the vehicles

condition until it is collected by the COMPANYS staff.

2.8 Vehicle must be returned with the same amount of fuel equal

to that at the time of the rental. Fuel replacement must also

be of the same type specified in the vehicle specifications.

Damage caused by using wrong fuel type will be at expense of

Hirer (YOU). If returned with less fuel, then replacement fuel

will be charged at the rate specified on the RA.

2.9 YOU acknowledge and accept that any existing prior damage

has been recorded on the RA YOU have signed.

3. Change of Vehicle

3.1 If the Vehicle booked is unavailable for any reason, the

Company reserves the right to offer an alternative vehicle

without prior notification and at no extra cost to YOU. This

shall not constitute a breach of contract.

4. Unauthorised and prohibited use of the Vehicle

4.1 Persons who must not drive the rented Vehicle:

a) A person not identified on the RA.

b) A person who is not licensed for that class of vehicle.

c) A person whose blood alcohol level exceeds the lawful

percentage.

d) A person under the influence of drugs.

e) A person who has given or for whom has given a false

name, age, address or drivers license details.

f) Drivers under the age of 21.

g) A person whose drivers’ license has been cancelled or

suspended within the last 3 years.

h) A person who has held a drivers license for less than 2

years.

4.2 Circumstances in which the vehicle must not be used:

a) Outside of South Australia without the Company’s

permission.

b) On unsealed roads or off road conditions unless

authorised by the Company in writing.

c) To carry persons for hire as a Taxi, UBER, or Chauffeur

vehicle.

d) To carry inflammable, explosive, corrosive or

hazardous materials.

e) To push or tow any vehicle, trailer, boat, or other

object.

f) The transport of any animal unless authorised in

writing by the COMPANY.

g) To carry any greater load and/or persons than is lawful.

h) For racing, pace making, reliability trials, speed trials,

hill climbing or being tested in preparation for those

purposes.

i) In a dangerous or reckless manner.

j) In contravention of any legislation or regulation

controlling vehicular traffic or for any illegal purpose.

5. Hirers Obligations

Special note: Joint hirers and all drivers are jointly responsible

under the RA.

5.1 YOU are responsible for and by entering into this RA are

authorising the COMPANY to debit your provided credit/debit

card/deposit (and pay on demand any balance owing) for the

following charges:

a) All rental charges specified on the RA, including

extensions.

b) Fuel replacement costs at the rate outlined on the RA.

c) The loss/damage liability in the event of vehicle

damage, as specified in section 8 of these terms.

d) All charges for damage repairs to the Vehicle (incl. loss

of use, legal expenses, assessment fees, towing,

storage and company service charges) where:

I. any condition of this RA has been breached.

II. the vehicle is involved in a single vehicle

accident, unless the COMPANY waives

charges to a loss/damage liability amount

on the RA.

III. the underbody, roof, or interior of the

vehicle is damaged regardless of cause.

IV. the vehicle is partially or totally immersed in

water regardless of cause.

V. any damage caused by weather events such

as hail, flood, bushfire, etc.

VI. the tyres of the vehicle are damaged other

than by normal wear.

VII. the vehicle is damaged by driving under or

into an object lower than the vehicle height.

VIII. you have failed to maintain all fluid levels

and fuel levels or failed to immediately

rectify or report to the COMPANY any

defect of which you become aware.

IX. the vehicle is damaged by loading or

unloading, other than normal wear.

e) All charges claimed by the COMPANY in relation to

processing and forwarding any traffic and parking

infringements during the period of the RA, without

notice and at a cost of $25 per infringement. If the

COMPANY is notified of an infringement during or after

the end of the RA period it will provide to the notifying

authority details necessary to hold the Hirer (YOU)

liable for the infringement.

f) Any costs associated with repossession of the Vehicle

or the breaking of any of the above conditions.

6. Cleaning Vehicle and Kilometer allowance

6.1 The Vehicle must be returned in a reasonable state of

cleanliness or a cleaning fee of $95 will apply. Smoking is

strictly prohibited in the Vehicle and will incur a charge of $95

for cleaning and deodorizing.

6.2 An accumulative daily kilometer allowance of 300km’s/day is

printed on the RA. Excess kilometers are payable at the rate

stated on the RA.

7. Accidents

7.1 In the event of an accident, YOU must:

a) immediately report the accident to the COMPANY.

b) promptly fill out and sign the Accident report form

located in the Vehicle glove box, recording the date,

time, location, names and details of all parties involved

including witnesses, details of all cars involved, name

of any insurance details of other drivers, and

circumstances of the accident.

c) not admit liability. By admitting liability you agree that

such admission is a breach of contract.

d) notify the nearest Police station within 24 hours of the

accident.

e) in the event of an accident, towing and retrieval of the

vehicle to the COMPANY or nominated crash repairer

is at YOUR expense up to the amount of the

loss/damage liability. There is no refund for monies

paid for the unused portion of the rental period.

8. Loss/Damage Liability Waiver

8.1 The loss/damage liability for vehicle damage as stated on the

RA must be paid regardless of who is at fault. No waiver of

this liability will be offered if any of the following has

occurred:

a) YOU have acted or caused any other person to act in

any manner which is in contravention of the RA.

b) YOU have caused any of the exempt events as stated

on the RA.

c) YOU are covered under any policy of insurance.

d) YOU do not provide such information and assistance as

may be requested by the COMPANY and its insurer.

8.2 If YOU have acted within the terms and conditions of the RA,

the COMPANY may grant the Hirer (YOU) a loss/damage

waiver once the COMPANY has established the name of the

insurer of any third party YOU believe was at fault, and the

COMPANY reasonably believes that the insurer will agree to

pay the COMPANY for all damage claimed.

9. General Provisions

9.1 Immediately upon request, YOU must provide and assist the

COMPANY with any actions, summons, complaint or papers in

relation to any accident or loss involving the vehicle.

9.2 YOU will not refuse or fail to take any blood analysis or breath

test requested by the Police or as required by law.

9.3 YOU release and hold harmless the COMPANY (and its agents

and employees) from all claims for loss or damage to their

personal property, or that of any other person, left in the

vehicle which is received, handled or stored by the COMPANY

at any time before, during or after the rental period, whether

due to the companies negligence or otherwise.

9.4 Words used in the RA and terms and conditions to denote any

gender shall include all genders, and singular words to include

the plural.

9.5 The COMPANY gives no express or implied warranty as to any

matter whatsoever including, without limitation, the

condition of the vehicle and equipment, its merchant ability

or fitness for any particular purpose.

9.6 No right of the COMPANY under the RA may be waived except

in writing by the OWNER of the COMPANY.

9.7 We accept VISA and MasterCard at a surcharge of 1.65% of

the rental total. AMEX incurs a surcharge of 4.95%.

9.8 YOU agree to indemnify the COMPANY from and against any

or all claims, demands, actions, liabilities, losses, costs and

expenses incurred(incl. legal costs) by the COMPANY as a

consequence of any breach by YOU of the RA or the failure

for whatever reason of the due and punctual performance of

YOUR obligations under this Agreement.

9.9 Either party may terminate the RA at any time if the other

party breaches the Rental Agreement terms and conditions.