RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS
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
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
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
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
4.2 Circumstances in which the vehicle must not be used:
a) Outside of South Australia without the Company’s
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
d) To carry inflammable, explosive, corrosive or
e) To push or tow any vehicle, trailer, boat, or other
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
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
a) All rental charges specified on the RA, including
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.
7.1 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
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
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
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.