“Authorised Driver/s” means the person/s listed as “The Hirer” and/or “Additional Drivers” on Part A.

“Collision or Damage Report Form” is a form provided to You by The Owner, in the event of an accident or any claim involving the Vehicle, that You are required to furnish if you have information about the accident, damage or loss involving the Vehicle or any third party property.

“Existing Damage Report” on Part A notes any damage to the Vehicle at Time Out.

“Hirer”, “You” or “Your”  means the name of the person or entity stated on Part A as “The Hirer” and includes the signatory, agent, any person or corporate account for whom this Rental Agreement is made, any authorised driver listed on Part A, the Issuer of a Purchase Order or Voucher and their authorised representatives and authorised drivers, and any person or entity who or which becomes indirectly liable at law to third parties for loss or damage caused by the driver of the Vehicle.

“Indemnity Statement” is a form provided to You by The Owner, in the event of an accident or claim involving the Vehicle, that You are required to furnish and sign if you have no knowledge of how the damage or loss was caused to the Vehicle.

“Loss or Damage Liability” or “LDL” means the amount shown on Part A which You agree to pay immediately in case of loss or damage to the Vehicle or any third party property regardless of fault, subject to clause 9.

“Loss or Damage Liability Reduction ” or “LDR” means The Owner agrees to take the risk of damage or loss and assume payment of Your LDL in part or in full, in effect reducing Your LDL. It applies if You elect LDR, pay the applicable fee and LDR must be shown on Part A at the commencement of the rental

“Per Day” means the charge for each 24 hour period or part thereof beginning at the “Time Out” stated on Part A unless otherwise stated on Part A

“Permitted Area of Use” means the area in which the Vehicle may be driven. area bounded by a radius of 300 kilometres from The Owners address stated in Part A, otherwise, from the place from which the Vehicle was hired. The Owner may consent to vary the Permitted Area of Use by so noting this on Part A, however, the Permitted Area of Use must comply with the following limitations;

(i)      For those Vehicles hired outside the Northern Territory and Western Australia, the Permitted Area of Use shall never include the Northern Territory or Western Australia.

(ii)      For those Vehicles hired from the Northern Territory, the Permitted Area of Use shall include all the states and territories of Australia except Western Australia.

(iii)     For those Vehicles hired from Western Australia, the Permitted Area of Use shall include all the states and territories of Australia except the Northern Territory.

“Personal Accident Insurance” or “PAI” means the coverage for injury to driver at fault in an accident or incident involving the Vehicle.

“Personal Effects Coverage” or “PEC” means the coverage for loss of personal effects owned by any covered persons whilst such personal effects are in transit whilst in the Vehicle.

“Prepaid Fuel” or “PPF” means The Owner will provide the Vehicle with a full tank of fuel and you will not be required to refill the tank upon return. You will not receive credit for fuel left in the tank at the time of return. It applies if You elect PPF, pay the applicable charge and PPF must be shown on Part A at the commencement of the rental.

“Rental Period” means the period beginning at Time Out and ending at Time In.

“Substitute Vehicle Insurance” means any coverage that You personally have that covers the Vehicle during your use of it.

“The Owner”, “We”, “Our” or “Us” means Waterloo Car Centre Pty Limited or its licensee, franchisee, agent or representative and any authorised licensee, franchisee, agent or representative of Red Spot Rentals Group Management Pty Ltd.

“The Owner's address” shall mean The Owner's address as stated on Part A or if no such address is stated, the place from which Vehicle was hired.

“Time In” means the actual time and date when You return or You are deemed to have returned the Vehicle to The Owner.

“Time Due In” means the time and date agreed by You and The Owner as to when the Vehicle is to be returned to The Owner as stated on Part A.

“Time Out” means the time and date when You take out the Vehicle for hire as stated on Part A.

“TOL” relates to certain motorway and bridge tolls with electronic toll gate facilities which may be pre-paid (if available). It applies if You elect TOL, pay the applicable fee and TOL must be shown on Part A at the commencement of the rental.

“Unreported Damage” means any damage to the Vehicle in which You have not duly completed a Collision Damage Report Form or Hirer Indemnity Form

“Vehicle” means the Vehicle described on Part A including all its parts, components, keys, accessories, contents, tools and equipment as well as any replacement vehicle.

“Vehicle Damage Report” refers to the Existing Damage Report  and details any new damage to the Vehicle at “Time In”.

“Windscreen, Headlight or Tyre” or “WHT” means The Owner assumes the cost of damage to the Windscreen, Headlights, or Tyre Puncture except due to negligence or abuse by You. It applies if You elect WHT, pay the applicable fee and WHT must be shown on Part A at the commencement of the rental.

2. WHO MAY DRIVE THE VEHICLE

2.1    You must ensure that only the Authorised Driver/s will drive the Vehicle.

2.2    An Authorised Driver must be between the ages of 21 and 75 years inclusive.

2.3    An Authorised Driver must be currently licensed to drive the type of Vehicle that is being hired.

3. PROHIBITED USE OF VEHICLE

3.1    Any area outside the Permitted Area of Use.

3.2    Any unsealed roads or off-road conditions.

3.3    The carriage of persons or passengers for payment.

3.4    The carriage of a greater load and/or number of persons and/or for a purpose for which the Vehicle was not designed and constructed.

3. 5   The carriage of any inflammable, explosive or corrosive materials or of any animal in the Vehicle.

3.6    The carriage of goods, without all necessary approvals, permits, licences and government requirements, to be obtained at Your cost.

3.7    The carriage of goods not in accordance with the Vehicle manufacturers recommendations.

3.8    For pushing or towing any vehicle, trailer, boat or other object.

3.9    For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities.

3.10  On beaches or through streams, dams, rivers, or flood waters, flood prone roads, bush fire affected areas or any roadway where the Police or any other Government authority have issued a warning or caution.

3.11  Any use in contravention of any legislation or a regulation controlling vehicular traffic.

3.12  Any use in a dangerous manner or illegal purpose or when it is damaged or unsafe.

4. FUEL, MAINTENANCE, SECURITY, SAFETY AND REPAIR

4.1    You agree to indemnify the Owner for any new damage sustained by the Vehicle. New damage is determined by reference to existing damage and excludes fair wear and tear as specified by the Vehicle Damage Policy and You also agree to allow The Owner to fix the damage in accordance with the process set out in the Vehicle Damage Policy.

4.2    If You do not elect PPF at the beginning of the Rental and You return with less than a full tank of fuel The Owner will charge You a Fuel and Service charge at the applicable per litre rate specified on Part A.

4.3    You must:

(a)     maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s requirements,

(b)     replace fluid in radiator with a coolant,

(c)     inflate tyres according to manufacturer’s guidelines,

(d)     keep the Vehicle locked and the keys under Your personal control at all times and produce such keys if the Vehicle has been stolen,

(e)     comply with any applicable laws such as seat belt & child restraint,

(f)      follow any reasonable instruction given by The Owner relating to the Vehicle.

4.4    You must not repair nor have repairs to the Vehicle carried out unless The Owner authorises You to do so. The Owner will only reimburse You for the cost of repairs if You submit the original receipts for those repairs authorised by The Owner.

5. YOUR FINANCIAL OBLIGATIONS TO THE OWNER

5.1    At the beginning of the Rental Period, You must pay the required deposit, all rental charges, all elected options nominated in Part A, Goods and Services Tax (GST), stamp duty or any other tax, duty, surcharge, levy, fee, or charges imposed by Local, State or Federal government that is applicable to this Rental Agreement.

5.2    During the rental period, You must make additional payments for the charges if The Owner so requires.

5.3    At the end of the Rental Period, You must pay all charges stated on Part A and all charges payable under Part B, less any deposits already paid.

5.4    From the end of the Rental Period:

(a)     You must pay any charges and obligations not already paid but for which You are liable to pay in this Rental Agreement.

(b)     You will be charged interest at the rate of 20% per annum calculated on a daily basis on all outstanding accounts or charges until fully paid. 

6. YOUR AUTHORITY TO CHARGE

6.1    You irrevocably authorise The Owner to charge all unpaid moneys payable to The Owner to the credit card You state on Part A or any other credit card you provide or charge account, as applicable, to pay for any charges and obligations payable in this Rental Agreement.

6.2    The Owner may in addition to the sum payable recover from You an additional amount on account of credit or charge account.

6.3    If You pay for the hire of the vehicle by directing The Owner to bill charges to a charge account or to some other person, corporation, or entity who or which fails to make payment when called upon by The Owner, You hereby irrevocably accept that You are primarily liable and You will immediately pay the full amount due to The Owner on demand.

6.4    In the event that your credit card or charge account has insufficient credit to cover the charges payable under this Rental Agreement when due, You hereby irrevocably authorise The Owner:

(a)     To debit your credit card or charge account as and when sufficient credit becomes available.

(b)     To report your default to credit reporting agencies. 

7. RETURN OF VEHICLE

7.1    You must return the Vehicle to The Owner:

         (a) During business hours by the Time Due In stated on Part A, unless You have requested an extension before the Time Due In agreed to by The Owner.

         (b) At The Owner’s Address unless another place is stated on Part A.

         (c) In the same condition as noted on the Existing Damage Report, except for fair wear and tear otherwise You will be liable for any new damage.

7.2    Until custody of the Vehicle is accepted and the Vehicle is inspected by The Owner You shall be held liable for any loss or damage.

7.3    If You return the Vehicle to a location other than that stated on Part A, You must pay a repositioning fee and you will be liable for damages until custody is accepted and the Vehicle is inspected by The Owner.

7.4    You must not return the Vehicle to a location which is not open for business at the time unless agreed by The Owner and stated on Part A. If You return the Vehicle after hours:

(a)     You will be deemed to have returned the Vehicle and the rental charges will continue until that location next opens for business.

(b)     You are liable for damages until the Vehicle is inspected by The Owner.

7.5    If You return the Vehicle to The Owner prior to the Time Due In You shall pay to The Owner the total rate for the contracted duration of the Rental Period. You shall not be entitled to a refund for the unused portion of the Rental Period. 

8. TERMINATION OF THIS RENTAL AGREEMENT

8.1     The Owner may terminate the Rental Agreement and require the immediate return of the Vehicle or re-possess the Vehicle, without notice if The Owner has a reasonable ground to believe that:

(a)     You may have breached a term or condition of the Rental Agreement; or,

(b)     It is likely that damage to the Vehicle or harm to a person or damage to property may occur; or,

(c)     The Vehicle may be involved in any industrial dispute.

8.2    In any case in 8.1, You must pay The Owner, costs of retaking the Vehicle plus all other costs and charges under the Rental Agreement. 

9. YOUR LIABILITY

9.1    In the event of The Owner suffering any loss as a consequence of Your use of the Vehicle You are liable for the following costs as reasonably determined by The Owner:

(a)     The cost of repairs to the Vehicle or the finance payout value of the Vehicle at the time of loss whichever is the lesser provided the finance payout value is not less than the market value of the Vehicle at the time of loss in which case the market value of the Vehicle shall prevail.

(b)     Legal expenses, appraisal and assessment fees, towing and Vehicle recovery, storage and service charges

(c)     For any damage or consequential third party damage to the property of any person which arises from or is contributed to by Your use of the Vehicle.

(d)     For time and loss of use of the Vehicle including The Owner’s consequential loss

(e)     The Owner’s claims administration fees and debt recovery costs

9.2     You are liable for all charges claimed by The Owner arising out of Your use of the Vehicle during the Rental Period or imposed by any governmental or other competent authority (such as road toll, parking fees, parking and traffic infringements) and an infringement administration fee

9.3    (a)   Your liability for the charges specified in clause 9.1 shall not exceed the LDL unless clause 10.4 applies.

         (b)   Clause 9.3a shall apply notwithstanding the payment of LDR or WHT.

9.4    In the event of theft of the Vehicle You are liable for the amount stated on Part A relating to theft and Your LDL and LDR shall not apply.

10. DAMAGE COVER

10.1  The Owner does not in any way represent itself to You as an carrying on the business of insurance.

10.2  Subject to exceptions in clause 10.4, The Owner’s Insurance Policy covers the Vehicle and any substitute Vehicle The Owner will provide, in respect of damage to the Vehicle and/or damage to any third party property. You will be indemnified in respect of damage to the Vehicle and/or damage to any third party property by The Owner or The Owner’s Insurance Policy provided You are not in breach of this Agreement.

10.3  Notwithstanding clause 10.2, you are still liable to pay the LDL.

10.4  Subject to clause 9.3 You are liable under clause 9.1 if:

(a)     You have breached any term or condition of this Rental Agreement.

(b)     The Vehicle or any third party property is damaged by driving the Vehicle under or into an object lower then the height of the Vehicle or by loading or unloading goods or by a person stepping standing or sitting on any panel of the Vehicle.

(c)     The under body of the Vehicle is damaged regardless of cause except where there is a collision with another Vehicle.

(d)     The Vehicle is totally or partially immersed in water regardless of the cause.

(e)     The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another vehicle.

(f)      Any original component or accessory of the Vehicle is missing or has been replaced without The Owners approval.

(g)     You have failed to maintain all fluid and fuel levels of the Vehicle or have failed to immediately report to The Owner any defect to the Vehicle of which You have become or ought to have become aware and the Vehicle is damaged as a result.

(h)     You have failed to secure the Vehicle, property, any load or equipment which leads to loss or damage caused by any part of the load or equipment.

(i)      You have made a misleading or false statement under this Rental Agreement.

(j)      You fail to submit a completed Collision or Damage Report Form or Hirer Indemnity Form within a reasonable period or You submit a false or misleading Collision Damage Report Form or Hirer Indemnity Form

(k)     You fail or neglect to take reasonable steps to protect the safety of Vehicle during or after the occurrence of an accident or breakdown (including following any reasonable instructions given by The Owner).

(l)      The claim relates to property (including another vehicle) You or any member of your family owns or has physical, legal custody or control of.

(m)    Insurance claim for loss or damage is declined or not accepted or exempted by Owner’s insurer.

(n)     You fail to pay all charges applicable under the Agreement on demand.

(o)     Your blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle or You are under the influence of a drug that would prohibit You from driving under any law applicable in the State in which You are driving

(p)     You use or intend to use the Vehicle for an illegal purpose

(q)     You refuse to take a breath or blood test in the State or Territory in which the Vehicle is driven.

(r)      You have committed an offence which is likely to void the insurance held by The Owner.

(s)      You wilfully or maliciously damage the Vehicle

(t)      You wilfully contravene any legislation or regulation controlling vehicular traffic.

11. YOUR OBLIGATION TO INDEMNIFY THE OWNER

11.1  You agree to release and indemnify The Owner for any claim for loss or damage of any personal property which has been:-

         (a) stored in the Vehicle, or;

         (b) stolen from the Vehicle, or;

         (c) otherwise lost during the Rental Period, or;

         (d) left in the Vehicle after it has been returned to The Owner; or

         (e) stored or left at The Owner’s premises.

11.2  You agree to release and indemnify The Owner for any claim for any indirect, incidental or consequential losses or damages relating to this Rental Agreement.

11.3  You agree to indemnify The Owner for any third party claims arising from Your use of the Vehicle if You have breached the Rental Agreement.

12. YOUR OBLIGATION IN CASE OF AN ACCIDENT OR ANY CLAIM

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