Rental Terms and Conditions
- This contract to hire a Vehicle from Flinders Island Car Rentals consists of two separate documents.
(a) the agreement (Rental Agreement you have signed to hire the Vehicle from Us; and
(b) these rental Terms and Conditions (Terms and Conditions).
1.2 The date of the Rental Contract is the date shown in the Rental Agreement.
1.3 The Rental Contract is governed by the laws of Tasmania and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.4 We may fit a GPS Tracking Device to the Vehicle to enable Us to track the Vehicle when it is out of Our possession. When You sign the Rental Agreement You are authorising Us to use the GPS Tracking Device to track the Vehicle until it is returned to Us.
1.5 The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted, or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.
- Who may drive the Vehicle?
2.1 Only You or an Authorised Driver can drive the Vehicle. It is a Major Breach of the Rental Contract if You let anyone who is unauthorised drive the Vehicle. If there is a Major Breach of the Rental Contract there is no cover for You, the Authorised Driver or the unauthorised driver for any Damage, theft of the Vehicle or Third Party Loss.
2.2 We set a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at least 18 and not over 80 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of Rental and it is shown in the Rental Agreement.
2.3 You and any Authorised Driver must also have a valid licence to drive the class of Vehicle which is issued in an Australian state or territory or an international licence (with a valid International Driving Permit if Your licence is not issued in English) appropriate for the class of the Vehicle and not subject to any restriction or condition. Learner drivers are not acceptable and must not drive the Vehicle.
2.4 The Vehicle must not be driven if Your licence or the licence of any Authorised Driver has been cancelled within 12 months of the date of the Rental Agreement.
- Prohibited Use
3.1 The Vehicle must not be driven by You or any Authorised Driver:
(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst the Vehicle is damaged or unsafe.
3.2 You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to propel or tow another vehicle or a trailer; excluding the use of Our trailer/s.
(iv) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(v) in an unsafe or un-roadworthy condition.
3.3 You and any Authorised Driver must not:
(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
3.4 You and any Authorised Driver must not use the Vehicle to carry:
(a) passengers for hire, fare or reward or for rideshare purposes;
(b) more than the number of passengers for which the Vehicle is licensed; or
(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.
3.5 You and any Authorised Driver must not:
(a) use the Vehicle to transport any pets or animals except assistance animals; or animals agreed upon by Us.
(b) smoke in the Vehicle and You must prevent any passenger from doing so.
Additional cleaning and deodorising costs must be paid if there is a breach of this clause.
3.6 You and any Authorised Driver must not use a mobile phone or a GPS unit whilst the Vehicle is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used.
4 . Prohibited areas of use
4.1 The vehicle must never be driven off;
(a) Off Road; or
(b) in any area where snow has fallen or is forecast to fall.
4.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, streams, rivers, creeks, dams and floodwaters;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed; and
(e) any road where it would be unsafe to drive the Vehicle.
4.3 The Vehicle must never be driven or used outside the state of Tasmania unless We have given Our prior written permission prior to the Start of Rental and it is noted on the Rental Agreement.
5 . Your Obligations
5.1 At the Start of Rental You must also inspect the Vehicle to make sure that any pre-existing damage is noted and shown in the Rental Agreement. We recommend that You also take photos that clearly show all sides of the Vehicle.
5.2 You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority. An administrative fee of $55 (including GST) applies if We are required to nominate You as the responsible driver.
5.3 You must comply with all mandatory:
(a) seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and
(b) child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.
5.4 You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in Your possession, or that of any Authorised Driver, at all times and are never left in the ignition when the Vehicle is unattended.
5.5 You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) maintaining the engine and brake oils and coolant level and tyre pressures;
(d) using the correct fuel type; and
(e) making sure it is not overloaded.
5.6 You must inform Us immediately if:
(a) a warning light or fault message appears;
(b) You see or become aware of low engine or brake oils, or engine coolant levels; or
(c) the Vehicle develops any fault during the Rental Period.
If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
5.7 You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.
5.8 Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
5.9 You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.
5.10 Special conditions for drivers aged 18 to 21
If You or an Authorised Driver are aged between 18 and 21 the following additional special conditions also apply:
(a) You must only drive a Vehicle with an automatic transmission and never one with a manual transmission;
(b) the Vehicle must have no more than 4 cylinders;
(c) standard damage cover ONLY
(d) You must have been driving unsupervised and without parental supervision for a period longer than 12 months; and
6 . Damage Cover
6.1 Standard Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions, if You or any Authorised Driver has an Accident or if the Vehicle is stolen We will indemnify You for the theft, any Damage or Third Party Loss but You must pay up to the Damage Excess for each Accident or theft unless We agree that;
(a) You were not at fault; and
(b) the other party was insured and their insurance company accepts liability.
6.2 The total amounts payable for each Accident or theft claim is dependent on Your age and the type of Accident:
|Standard Damage for all claims
|18 – 21
|22 – 25
|23 – 80
‘SVA’ means a single vehicle Accident where no other moving Vehicle is involved and ‘MVA’ means a multiple vehicle Accident where there is a claim for Third Party Loss, and includes a third party claim for damage to buildings or infrastructure.
6.3 The Damage Excess under clause 6 will be charged to Your credit card:
(a) for Single Vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after:
(i) a reasonable estimate of the Third Party Loss has been made;
(ii) a repairer’s estimate or tax invoice verifying the amount charged for Damage has been obtained; and
(iii) all documents verifying the Third Party Loss and Damage have been sent to You, unless You have expressly authorised the charge to Your credit card at an earlier time.
- Damage Cover Exclusion
7.1 There is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Rental Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 18 or more than 80years of age;
(b) Overhead Damage;
(c) Underbody Damage; and
(d) Damage caused by immersion of the Vehicle in water.
7.2 There is also no Damage Cover for:
(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote control devices; or
(b) personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
(ii) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
(iii) any relative, friend or associate of an Authorised Driver; or
(iv) Your employees.
- Rental Period, costs and charges
8.1 The Rental Agreement shows:
(a) the Rental Period for which You have hired the Vehicle; and
(b) the Rental Charges.
8.2 You must return the Vehicle on the date and by the time shown in the Rental Agreement. If You fail to return the Vehicle, We may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
8.3 If You return the Vehicle earlier than the date shown in the Rental Agreement there is no entitlement to a refund and the daily rate payable may be adjusted as higher daily rates apply to shorter rental periods.
8.4 If You return the Vehicle:
(a) more than one hour after the date and time set for its return in the Rental Agreement, We will charge You $25 per hour up to one full day’s rental and a further full day’s rental at the standard rate for each 24 hour period or part
thereof until the Vehicle is returned to Us; or
(b) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Location next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.
8.5 If You return the Vehicle with less than a full tank of fuel a refuelling charge of $10 (including GST) plus the cost of the fuel, will apply.
8.6 At the End of Rental You must:
(a)return the Vehicle:
(i) in the same condition it was in at the Start of Rental, fair wear and tear excepted; and
(ii) with a full tank of fuel;
(i) the balance of the Rental Charges (if any);
(ii) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(iii) any costs We incur, including extra cleaning costs under clause 3.5, in reinstating the Vehicle to the same condition it was in at the Start of Rental, fair wear and tear excluded;
(iv) for all Damage arising from a Major Breach of the Rental Contract;
(v) for all Overhead Damage;
(vi) for all Underbody Damage; and
(vii) for any Damage caused by the immersion of the Vehicle in water.
8.7 Any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any
adjustments will be provided to You as soon as practicable. Amounts owing to Us after the End of Rental pursuant to clause 8. 7 accrue interest at the rate of 10% per annum commencing 14 days after the End of Rental.
8.8 Credit card authority
If any amount is due to Us, including the Damage Excess payable under clauses 6.1 and 6.2Error! Reference source not found., or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of Rental.
8.9 Default in payment
If You default in the payment of any moneys owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
8.10 Cancellation If:
(a) Your booking is cancelled within 24 hours prior to the Start of Rental; or
(b) You fail to notify Us of Your intended cancellation prior to the Start of Rental and fail to pick up the Vehicle,
You will be charged the Rental Charges for the Rental Period as booked unless We are able to rent the Vehicle to another renter for an equivalent term and rate.
- Accidents or breakdowns
9.1 We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur. Twenty four hour roadside assistance is provided free of charge for breakdowns (but not for Accidents). If the Vehicle breaks down during the Rental Period You must contact Us on 0415505655 or 0436015067 and We will liaise with Our roadside assistance provider. We will recover and repair the Vehicle as soon as possible but if it cannot be repaired, We will use Our best endeavours to provide a replacement Vehicle where one is available.
9.2 Fees and charges apply for all other faults or driver induced errors ranging from $45 plus GST to $600 plus GST and apply to faults and driver induced errors such as:
(a) a flat battery;
(b) lost keys, a keyless start or remote control device;
(c) unlocking the vehicle when the key, keyless start or remote control device have been locked in it; and
(d) changing a wheel as the result of a flat tyre.
Subject to the Australian Consumer Law, We are not responsible for:
(e) Towing and recovery when renter has breached the terms and conditions of the agreement.
9.3 Subject to the Australian Consumer Law, We are not responsible for:
(a) flights You have missed;
(b) holiday plans that are disrupted;
(c) loss of enjoyment; or
(d) consequential or economic loss.
9.4 We are also not responsible for:
(a) Damage as a result of use of the incorrect fuel type;
(b) a flat battery because the lights or entertainment system have been left on;
(c) tyre changing;
(d) lost keys or remote control device; or
(e) keys or remote control device locked in the Vehicle.
Extra charges will apply if any of these services are provided at Your request.
9.5 Accident reporting
(a) If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an AccidentfTheft report form.
(b) If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
(i) any person is injured;
(ii) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(iii) the other party appears to be under the influence of drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.
(c) If You or an Authorised Driver has an Accident You and the Authorised Driver must:
(i) exchange names and addresses and telephone numbers with the other driver;
(ii) take the registration numbers of all vehicles involved;
(iii) take as many photos as is reasonable showing:
(A) the position of the Vehicles before they are moved for towing or salvage;
(B) the Damage to the Vehicle;
(C) the damage to any third party vehicle or property; and
(D) the general area where the Accident occurred, including any road or traffic signs;
(iv) obtain the names, addresses and phone numbers of all witnesses;
(v) not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
(vi) forward all third party correspondence or court documents to Us within 7 days of receipt; and
(vii) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer’s office or any Court hearing.
- Consequences of a Major Breach of the Rental Contract
10.1 If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,
You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur as a direct consequence.
10.2 Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of clause 10.1 has occurred.
11.1 We are committed to complying with the Australian Privacy Principles.
11.2 When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
11.3 We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, Joss or unauthorised access, modification or disclosure.
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or moving object;
(b) a Single Vehicle Accident; or
(c) a weather event, including hail Damage,
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of Rental.
- any loss or damage to the Vehicle including its parts, components, accessories, including the GPS unit, that is not fair wear and tear;
- Towing and salvage cost;
- Assessing fees;
- Claims administration fee
- Loss of use;
and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Vehicle has been stolen.
End of Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the latter.
GPS Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed and fuel levels.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of clauses, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.3, 3.4, 3.6, 4.1, 4.2,4.3,5.7, 5.8, 5.9, 5.10, 5.12 or 5.13 that causes Damage, theft of the Vehicle or Third Party Loss.
Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
(a) Damage at or above the level of the top of the front windscreen of the Vehicle; or
(b) Third Party Loss,
- contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
- objects being placed on the roof of the Vehicle; or
- You or any person standing or sitting on the roof of the Vehicle.
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Location means the location from which the Vehicle is rented, as shown on the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of Rental.
Single Vehicle Accident means a collision between the Vehicle and another object when no moving vehicle is involved and includes collision with animals, roadside infrastructure, buildings, rollovers and impacts with any stationary object other than parked vehicles.
Start of Rental means the date and time that the rental commences as shown in the Rental Agreement.
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit.
We, Us, Our, means MJB TAS Pty Ltd T/A Flinders Island Car Rentals ABN 67087285747
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.