Rental Agreement Terms and Conditions

These terms relate to the agreement between the prospective hirer identified on the rental agreement (you) and the Company identified on the rental agreement (Capboon Pty Ltd trading as Surfers Rent A Car, referred to as the Company) to rent the motor vehicle described including all accessories, tools, tyres and equipment (The vehicle).

 

  1. VEHICLE CONDITION AND RETURN

 

The vehicle is delivered to you clean and in good operating condition and must be returned in the same condition (except for ordinary wear and tear) together with all tools,  tyres, and equipment to the location specified on the rental agreement and on the date there specified (or sooner, if demanded by the Company). 

 

The Company must take possession of the vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned.  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 the rental agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.

 

  1. UNAUTHORISED AND PROHIBITED USE

 

Persons who must not drive the vehicle

  • A person who is not identified on the rental agreement or has not been identified in writing to the Company or approved by the Company in writing.
  • A person who is not licensed for that class of vehicle.
  • A person whose blood alcohol concentration exceeds the lawful percentage
  • A person who has given or for whom you have given a false name, age, address or driver’s license details.
  • A person whose driver’s license is not current or valid in Australia.

Circumstances in which and/or for which the vehicle must not be used

  • Outside the area of use limitations shown on the rental agreement.
  • On unsealed roads or off road conditions unless authorised by us in writing or on the face of this agreement.
  • To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
  • To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing.
  • To carry any greater load and/or more persons than is lawful, or use in a manner or for a purpose other than for which it was designed and constructed.
  • For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
  • In a dangerous manner.
  • In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

 

  1. FINANCIAL OBLIGATIONS AND HIRER’S RESPONSIBILITIES

 

Special Note:  Joint hirers and all drivers are jointly and severally responsible under this agreement.

By entering into the rental agreement You are responsible for and you authorise the company to debit your credit card / security deposit (and you will pay on demand any balance) the following charges:

  • All rental charges specified on the rental agreement.
  • 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)   All loss or damage to the vehicle (including loss of use), Third Party Damages, legal expenses, debt recovery commissions, assessment fees, towing and recovery, storage and service charges where:

  • any condition of this agreement, and in particular condition 2, or any special condition on the rental agreement has been breached;
  • You have left the vehicle unlocked or left the keys in the vehicle.
  • You have not kept the key secure and under your control.
  • The vehicle or other property is damaged as a result of attempted negotiation of any object, space or structure with a clearance height less than the highest point of  the vehicle or less than 300mm wider than the widest part of the vehicle, including side mirrors
  • the vehicle is totally or partially immersed in water regardless of cause; other than the exceptions where:
  1. The immersion or partial immersion occurred when the vehicle was parked in a place where it was reasonable and legal to do so (ie underground carpark) and was unattended by the hirer at the time of such immersion or partial immersion and unable to be safely accessed by any emergency services authority, or

  2. the immersion or partial immersion occurred during the course of the vehicle being loaded onto, transported by or unloading from a scheduled public access car ferry service, or 

  3. the immersion or partial immersion occurred as a result of a collision with another identified moving motor vehicle.

  • you have failed to maintain all fluid and fuel levels (including use of incorrect fuel grade or type) or failed to immediately rectify or report to us any defect of which you became aware;
  • the vehicle is damaged by loading or unloading, other than normal wear;
  • your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment.

Special note:   If you have paid by use of a credit card or directed the Company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the Company on demand.

 

 

  1. DAMAGE COVER

Provided you fully comply at all times with the terms and conditions of this agreement, you will be covered by the Company’s comprehensive insurance policy (including legal costs incurred with our consent) in respect of damages 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 cover is subject to:

  • Your payment of the damage/loss liability charge stated on the rental agreement.
  • Your not having acted or having caused any other person to have acted in any other manner which is in contravention of this agreement
  • Your not being covered under any policy of insurance.
  • 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.

 

 

  1. GENERAL PROVISIONS
  • You will immediately report any incident of loss or damage to the vehicle 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 not excuse the hirer from reporting all incidents to police or other proper authorities.
  • You must complete in full and sign the Accident report (in the glovebox of your vehicle) and record the time, date and location of the accident, the other parties full name, addresses, vehicle registrations, car types as well as any property damage in circumstances where the accident did not involve another motor vehicle. You must also record the name of their insurance company and never admit liability (otherwise you will be in breach of this agreement).
  • You irrevocably release and hold harmless the Company (and its agents and employees) from all claims for loss or damages 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 after or during this rental period, whether due to the Company’s negligence or otherwise.
  • Except as provided by law no driver or passengers shall be or deemed to be the agent, server or employee for any manner for any purpose whatsoever.
  • The Company gives no express or implied warranty as to any matter whatsoever including without limitation the condition of the vehicle and equipment, it’s merchantability or fitness for any particular purpose.
  • No right of the Company under this agreement may be waived except in writing by an officer of the Company.
  • Words used in this agreement to denote any gender shall include all genders, singular words include the plural, and noted on the rental agreement.