INTERPRETATION
(a) The expression ”vehicle and car hire” shall mean the property, which is the subject of this agreement.
(b) The expression” owner” shall include “SUPER CRUZ” and its servants and agents.
(c) The expression “hire” shall unless a contrary intention appears mean and include
- the person, company, corporation or government department shown as Hirer on the face hereof;
- any person shown as “joint hirer” on the face hereof;
- any person who signs this agreement weather in his own behalf or on the behalf of any other person, company, corporation or government department;
- any person, company, corporation or government department which is or becomes vicariously liable at law to third parties for loss or damage caused by the driver of the vehicle where such persons, company, corporation or government department establishes that the hiring was made by the driver as agent for and on behalf of such person, company, corporation or government department body even where the loss or damage was caused without the knowledge or consent of such person, company, corporation or government body;
(d) In the case of joint hiring, Hirers shall be jointly and severely liable in respect of all the provisions of this agreement;
(e) Where the context permits words importing the masculine gender shall include the feminine gender and words importing the singular shall include the plural;
(f) Headings of clauses are inserted for guidance only and in the construction of interpretation of this agreement shall not be deemed to from any part of the context.
WARRANTY BY PERSON SIGNING AGREEMENT
(1) Any person signing this agreement (whether on his own behalf or on the behalf of the hirer) WARRENTS that for all purpose of this agreement he is the duty authorized agent of the hirer and if such person is not the authorized agent of the hirer then in consideration of the Owner permitting him to use the vehicle and equipment he shall be deemed to be the Hirer and to be bound by all the terms and conditions of this agreement.
OWNERS LIABILITY
(2) The owner shall not be under any liability :-
- to the hirer for any loss or damage or delay caused by an alleged defect of the vehicle or equipment or by reason of the vehicle or equipment being unsuitable for the purpose of the hirer, whether or not the Owner is negligent; or
- to any person whomsoever for any loss or damage to any property stolen or damage to any property stolen or damaged or otherwise lost during the hiring or left in the vehicle after the return of the vehicle after the return of the vehicle to the Owner, weather or not the Owner is negligent; or
- the hirer hereby agrees to indemnify and keep indemnified the Owner in respect of all claim, demands and actions brought against the Owner in respect thereof.
CONDITION OF THE VEHICLE HIRE AND EQUIPMENT
(3) The hirer acknowledges that the vehicle and equipment is the property of the Owner and that it has been received by the Hirer in good order and running condition.
REPOSSESSION
(4) The Owner may determine this agreement and without notice repossess the vehicle and equipment in the event that on reasonable grounds that the conduct of the hirer is likely to affect prejudicially the Owner`s interest in or the condition of the vehicle and equipment and the Owner may retain all sums paid by the Hirer without prejudice to any further rights of the Owner in respect of any breach or default by the Hirer.
FAILURE TO RETURN ON TIME
(5) The Hirer undertakes that the vehicle and equipment will be returned to the Owner at the place, date and time specified on the face hereof or during any extension of time authorized by the Owner on the hereof in the same condition (save for ordinary wear and as herein otherwise expressly provided) as when received PROVIDED THAT in the event that the Hirer fails to return the vehicle and equipment in such condition at the specified place, date and time or during any extension of time so authorized by the Owner, the Hirer shall pay the Owner an amount equal to all sums of money not received by the Owner from any source whatsoever as a result of the loss of use of the vehicle and equipment, or any other cost, outgoing or damage suffered by the Owner whether due to negligence or other default of the Hirer or not and PROVIDE FURTHER that should any cleaning be required a MUNIMUM cleaning fee of $75.00 shall apply.
DAMAGE TO THE VEHICLE AND EQUIPMENT
(6) The Hirer will be liable to the Owner for any accident damage to or theft of the vehicle and/or equipment for the full amount of damage regardless of how such damage are caused, including tyres.
(7) The Hirer failed to maintain all fluid levels of the vehicle or failed to contact the Owner about any defects in the vehicle, the hire will become liable to any damage that may occur.
(8) For the purpose of the agreement “accident damage to or theft of the vehicle and/or equipment “ include any costs, expenses or outgoing in connection therewith or arising therefrom.
PAYMENT OF CHARGES, DAMAGE ECT.
(9) The Hirer agrees to pay the Owner on demand:-
- The rental and other charges and all other monies payable by the Hirer hereunder;
- A sum equal to the amount of all loss of or damage to the vehicle and/or equipment during the period of the hire unless insurance has been paid by the Hirer in which a basic excess plus age excess if applicable will apply;
- Any damage found after the return of the vehicle and/or equipment will be deducted from the bond;
- It is the responsibility of the hirer to return the vehicle refueled. Failure to refuel will be charged an additional cost;
- All and any fines related to Traffic and/or Parking infringements incurred during the period of the hired vehicle will be paid on demand by the Hirer, without prejudice to the Owner.
PERSONS WHO MUST NOT DRIVE THE VEHICLE
Any of the following will cancel any insurance and the full cost of damage will occur:-
- A person who is not identified herewith this argreement as Hirer and joint Hirer;
- A person who is not licensed to drive the hired class of vehicle;
- A person whose blood alcohol concentration exceeds the lawful level;
- A person who is driving the vehicle whist under the influence of a drug;
- A person has given or for whom has given a false name, age, address or details;
- A person whose driver`s licence has been cancelled, endorsed or suspended;
- A person who uses or intends to use the vehicle for an illegal purpose.
CIRCUMSTANCES WHERE THE VEHICLE MUST NOT BE USED
(11) Any of the following will cancel any insurance and the full cost of damage will occur:-
- Any unsealed roads or off road conditions;
- The carriage of any persons for the hire or carriage of any of any inflammable, illegal materials;
- Pushing or towing any vehicle, trailer, boat or other object unless arranged with the Owner in writing;
- The carriage of any greater loads and/or persons and/or for the purpose for which the vehicle was designed and constructed;
- The carriage of any animal in the vehicle unless pre arrange with the Owner in writing;
- The use of the vehicle for racing, pacemaking, reliability trials, speed trial, or any activities that are relating to such events;
- The use of the vehicle in a dangerous manner;
- The use of the vehicle in contravention of any legislation or regulation control
RESERVATION
(12) To reserve a vehicle, full payment is required at the time of booking.
(13) The stated daily rate is for a 24 hour period includes the first 200km/125mls. Excess distance will be charged at 80c per unit including GST. Rates do not include petrol and state taxes.
(14) The stated half daily rate is between 8:00am to 4:00pm Sunday through to Thursday which includes the first 200km/125mls. Excess distance will be charged at 80c per unit including GST. Rates do not include petrol and state taxes.
(15) Prices are subject to change without notification.
(16) There can be NO PREFERENCE or guarantee of a particular colour or year of vehicle.
(17) A $30.00 surcharge will apply for any additional drivers. All persons wishing to drive must present with their license and sign the rental agreement prior to the receiving of the vehicle.
CANCELLATION
(18) Any cancellation must be given in writing thirty (30) days prior to booking date.
(19) On receipt of written cancellation, a 50% refund will be given.
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