rental-agreement

TERMS & CONDITIONS

Find our Rental Agreement Terms and Conditions below

1. Rental Agreement

1.1This Vehicle Rental Agreement Terms and Conditions constitute the rental agreement.

1.2By accepting this rental agreement, You agree to rent the Vehicle from Us for the Rental Period at the rate shown in the Agreement subject to the strict compliance with these Terms and Conditions.

1.3You acknowledge and agree that the Vehicle is in good working order and safe to drive, except for the damage documented in the Vehicle Condition Report.

1.4You agree to collect and drop off the Vehicle from a location as advised by Us from time to time.

1.5Upon the collection of the Vehicle, and at the time of the returning the Vehicle, the Cardholder must be present.

1.6In the circumstance that you may require the Vehicle for longer than the initial Rental Period, you must notify Us at least fourteen (14) days prior to the expiration of the Rental Period and obtain our consent to use the Vehicle beyond the initial Rental Period.

1.7On the return date, the Vehicle must be returned to us in a clean and tidy state along with any keys to the Return location, and in the same condition as on the Start Date, including damage to the tyres or rims of the Vehicle except for any normal wear and tear (excluding windscreen).

1.8You must notify Us of any change in residential address within 48 hours. If you fail to do so, We will not be held liable for any legal issues related to the vehicle during the rental period. This includes, but is not limited to, infringement notices, fines, and similar matters.

1.9If the Vehicle is not returned to us by the Return Date without providing us with a minimum of twenty-four (24) hours’ notice prior to expiration of the Rental Period, we may terminate this agreement and report the Vehicle as stolen. Under these circumstances, a penalty fee of $300 per day will be applied for late returns.

1.10You agree that you will be the only driver of the Vehicle during the Rental Period.

1.11If you require an Additional Driver, you must make a request to City Rentals and pay the additional driver charge of $100.00 per booking for Rental Period.

1.12Upon accepting the terms of this agreement, you are confirming that:

1. You are over the age of 21 years of age and under 75 years of age,
2. accept the additional surcharge for specific vehicles and drivers who are under the age of 25, and
3. You hold a full, current and unrestricted drivers licence for the Rental Period that is:
   1. appropriate for the type of the Vehicle,
   2. shows your current residential address, and
   3. is written in English, or if not in English, contains a valid International Driving Permit (IDP) issued in the country of issue.

1.13 Prior to commencing the Rental Period, you:

1. must provide to us Your drivers licence and that of any Additional Driver that has been approved by us, for the purposes of inspection at any time during the Rental Period,
2. must provide to us your passport if you are not an Australian Citizen,
3. must sign the Direct Debit Agreement or credit/debit card authority
4. acknowledge that you have fully inspected the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement. If there is any discrepancy or damage, you must notify us prior to leaving the Return Location, and
5. must inform us whether you intend to drive the Vehicle interstate.

1.14During the Rental Period, you must inform City Rentals within twenty-four (24) hours’ of your current Residential and Post Address and any changes made in relation with your Residential and Post Address preferences.

1.15At the end of the Rental Period, you must:

1. return the Vehicle to the location specified by Us, in the same good condition except for the damage recorded in the Vehicle Condition Report,
2. pay all charges and fees incurred during the Rental Period, as detailed in these conditions or as advised by us in person or on our website from time to time.

2.Charges and Security Deposit:

2.1Prior to using the Vehicle, you must pay the relevant Hire Fees, Bond, and any other fee that we have disclosed at the time of the booking or hire to City Rentals.

2.2The Security Deposit will be held by Us as security for the performance of your obligations and liabilities under the Rental Agreement and is fully refundable to you within fourteen (14) calendar days after the end of the rental period.

2.3You agree that you will pay all amounts payable under this agreement via cash, transfer, direct debit or credit/debit card.

2.4Where you have provided card details, you agree that we may debit an amount equivalent to the Bond from the debit or Credit Card at any time.

2.5In addition to any other amounts payable under this Agreement, you may also be required to pay the following charges upon return of the Vehicle:

1. Unlimited Kilometre Charge (calculated for each day of the Rental Period) or Excess Kilometre Charge,
2. Cleaning Fee, and
3. If the Vehicle fuel has not been replenished, the refuelling fee.

2.6You authorise us to apply the Bond towards any unpaid Hire Fees or other moneys payable by you under this Agreement from time to time.

2.7You irrevocably authorise Us to apply and use any payment method provided by you towards settling any outstanding monies in excess of the Bond amount you have provided.

2.8You acknowledge and agree that you will pay any fines, infringements, penalties, clamping, tow, legal, or other fees arising from, or in connection with, or resulting from your use of the Vehicle.

2.9You agree that we may supply your details to any regulatory or enforcement authority, and you will be liable for an administrative fee if we do.

2.10Upon the return of the vehicle, you must provide us with an Incident Report for any Incident whilst the Vehicle was in your occupation, or a Written notice in our approved form warranting that no Incident has occurred and indemnifying us in respect of any potential claims caused by or contributed to your occupation of the Vehicle during the Rental Period.

2.11The charges and amounts contained in the terms and conditions are calculated daily. Vehicle collection and return are each counted as one day each, regardless of the agreed time of pickup or return.

2.12If We consent to the Vehicle being returned outside of our regular opening hours, we may charge an after-hours administrative fee, even if this fee is not listed on your initial quote or booking confirmation for an amount advertised by City Rentals from time to time.

3.Additional Charges

3.1In addition to the charges contained in Clause 2, you must pay any additional charges incurred by us which may include but are not limited to;

1. Any personal injury, loss of income, expense, or property loss or damage of any kind
2. Any repair costs to the Vehicle or any Third-Party Vehicle, or any replacement costs,
3. Any assessment, report, transportation, towing and recovery, storage, and cleaning charges or expenses,
4. Any legal and administration expenses (on a full indemnity basis) in any way relating to investigating and/or responding to, defending or prosecuting or settling any legal proceedings, claims, enquiries or investigations,
5. Any judgement, or order, obtained by a Third Party, including any interest that may be incurred therein,
6. Any exercise, or attempted exercise, of our rights under this Agreement, including but not limited to any action to take to repossess the Vehicle,
7. Any surcharge charged to use in relation to the use of your credit card, and
8. any other Claim that may be made against us.

3.2 If the Vehicle becomes unavailable for hire as a result of your use of the Vehicle during the Rental Period, or as a result of your failure to return the Vehicle (and the Keys) to the Return Location, by the Return Time on the Return Date, including but not limited to any Incident, you will be liable to pay the full amount of the applicable Hire Fees otherwise payable pursuant to this Agreement for each day, or part day that the Vehicle is unavailable for hire, but limited to the cost of the then current market value of the Vehicle.

4.Breaches of the Agreement

4.1You will be deemed to have breached this Agreement if you fail to do any of the following:

1. pay any moneys under these terms and conditions;
2. Report any incident to us immediately, and to the police or relevant authority within 24 hours;
3. Submit an Incident Report within 24 hours of any Incident;
4. Deliver to us any Claim you receive in relation to the Vehicle or your use of it;
5. Immediately inform Us of any defect to the Vehicle whilst it is in your occupation;
6. Immediately inform Us when any warning light on the dashboard appears;
7. Stop the Vehicle and report Us immediately when the Vehicle is overheated;
8. Control and maintain appropriate fluid levels for the Vehicle (including oil and water);
9. Daily inspect the Vehicle for:
   1. water leaks and levels,
   2. oil leaks and levels,
   3. fuel leaks,
   4. damages,
   5. check tyre pressure;
10. Return the Keys to the Vehicle;
11. Comply with your obligations under this Agreement;
12. Fail to promptly provide all information or disclose any Material Fact relevant in the use of the Vehicle.
13. Abandon or apparently abandon, part with, possession of or grant or create any security interest in or lien over the Vehicle (or purport to do so)
14. Permit the Vehicle to be driven by an Unauthorised Person;
15. Make any false or misleading statement to us; or
16. Drive or use the vehicle, or allow the Vehicle to be driven, in contravention of any law of the relevant jurisdiction the vehicle is being driven,
17. Drive and use the Vehicle only on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road,
18. Drive or use the vehicle for any delivery service,
19. Drive or use the vehicle without due care and attention required.

4.2In the event you commit a breach as recorded in clause 4.1 above, or any of the following circumstances happen:

1. The Vehicle is;
   1. Lost or stole or damaged,
   2. Totally or partially immersed in water,
   3. Damaged by driving it under an object lower than the authorised height of the Vehicle,
   4. Damaged by loading or unloading (other than the normal wear and tear expected),
   5. Involved in any camping, parking, speeding or other traffic violation or in any civil wrong or criminal offence,
   6. used for any illegal purpose,
   7. used in a unsafe or unroadworthy condition,
   8. Damaged by an act of God (including but not limited to any flood, tidal surge, storm, cyclone or earthquake) or any act of terrorism, or
   9. Involved in any incident caused or contributed to by you.
2. The Vehicle is involved in an SVA (except where the SVA is an SVR and SVR Cover applies),
3. You and any Authorised Driver must not:
   1. sell, rent, lease or dispose of the vehicle. Penalties applies
   2. smoke in the vehicle, including the use of e-cigarettes or vapes. You must also take reasonable steps to prevent passengers from smoking
   3. use the vehicle to transport infectious, biohazardous, or biomedical waste, or construction materials and equipment that could damage the vehicle’s condition, unless specifically authorized in written by Us.
4. You direct us to charge any moneys payable by you hereunder to another person who failed to make payment when due or,
5. The vehicle must not be driven off-road, on unsealed roads. Additionally, the vehicle must not be taken interstate or onto any island off mainland Australia without prior written permission and authorization from Us.
6. Any transaction against any bank account or credit card nominated by you is declined or stopped,

The hiree is liable for all costs associated with damages coming from the types of action mentioned in clause 4.1 and 4.2. We might terminate this Agreement immediately, and demand the return of the Vehicle.

5.Loss Damage Waiver, Damage and Loss Of Property

5.1Subject to this clause 5, and to the fullest extent permitted by applicable law, You are liable:

1. for the loss of, and all damage to, the Vehicle; and
2. for all damage to the property of any person:
   1. which is caused or contributed to by You or an Additional Driver; or
   2. which arises from the use of the Vehicle by You or an Additional Driver.
3. This clause 5 does not apply to any damage or loss for which We are liable to You under this Rental Agreement.

5.2Subject to clause 5.3, if:

1. You accept the Loss Damage Waiver option at the commencement of the Rental Period; and
2. where applicable, You pay the excess as advised from time to time for each separate event involving damage to or loss of the Vehicle, or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Additional Driver, We:
1. waive Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle provided that You and any Additional Driver is entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for You and an Additional Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Additional Driver.

5.3You must always pay, and clause 5.2 does not cover:

1. the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
2. the cost of any underbody, interior, tyres or rims damages to the Vehicle, not attributable to normal wear and tear;
3. the cost of repairing any damage to the Vehicle that is caused by You if the damage results from a pre-existing issue with the Vehicle that was not previously reported to Us;
4. the cost of repairing any damage caused deliberately or recklessly by You or any other driver of the Vehicle, or any passenger carried during the Rental Period;
5. the cost of repairing any damage to the Vehicle or to third party property caused by You or an Additional Driver using, or permitting the Vehicle to be used, in any area prohibited by the Rental Agreement;
6. the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle;
7. the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle;
8. the costs of repairing damages arising from improper parking, whether due to failing to leave an automatic vehicle in 'Parking' or not engaging “First” or “Reverse” gear for manual vehicles;
9. the cost of repairing damages resulting from the failure to control liquids, including but not limited to water, oil, and other leaks;
10. under any circumstances when the Vehicle is driven on sand, unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.
11. under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer;
12. under any circumstances where the Vehicle and its keys are unsecured;
13. the costs of repairing or replacing any accessories and devices supplied by Us, including but not limited to lost keys, carplay unit, GPS unit and lockbox.
14. Learner (L) drivers / riders;
15. Provisional one (P1) drivers / riders;
16. Provisional two (P2) driver / riders;
17. Rideshare use, Uber Eats or deliveries;
18. Peer to Peer (P2P) acquired and rented vehicles;
19. Courier uses.

5.4For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Us which includes:

1. the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser;
2. appraisal fees;
3. towing, storage and recovery costs;
4. the costs arising from improper parking, whether due to failing to leave an automatic vehicle in 'Parking' or not engaging “First” or “Reverse” gear for manual vehicles;
5. a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and
6. a per day loss of use fee based on the estimated downtime of the Vehicle.

5.5If the amount determined by Us and paid by You under this clause exceeds the final cost of the damage or repair, We will refund the difference to You.

5.6We shall not be liable for any compensation arising from the unavailability of a vehicle, whether at the time of booking or during the remainder of the rental period. You acknowledge and agree that no compensation will be provided for any inconvenience, loss of use, or any other consequences resulting from the unavailability of the vehicle.

5.7You are liable for any circumstances that may aggravate the condition of the vehicle during the rental period, including but not limited to driving on hazardous sealed or unsealed roads, exposing the vehicle to potential risks, parking on steep inclines where further prevention is needed to avoid the vehicle from moving or getting damaged.

5.8 We are committed to providing You with a vehicle that is of acceptable quality and in good working condition, considering the vehicle’s age. However, We acknowledge that breakdowns may occur despite our best efforts. To support You in such situations, We offer 24-hour roadside assistance, free of charge, if You select the Roadside Assistance Waiver during your Rental Period. If the waiver is not selected, We will still assist You; nonetheless, We are not liable to cover any expenses related to roadside assistance. Please note that this assistance covers breakdowns but does not extend to accidents. If You experience a breakdown during your Rental Period, please contact Us immediately for assistance. If the issue cannot be repaired on-site, We will make every effort to recover and repair the vehicle as soon as possible. In cases where the vehicle cannot be repaired, We will endeavor to provide a replacement vehicle, subject to availability.

6.General Terms

6.1You have consumer rights conferred by the Australian Consumer Law and the Australian Securities and Investments Commission Act 2001 and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

6.2These terms and conditions, their subject matter and their formation, are governed by Australian law. You and We both agree that the courts in Queensland, Australia, will have exclusive jurisdiction.

6.3Any reference to money is in Australian Dollars.

6.4You are not entitled to any refund, unless:

1. We terminate this Agreement for a reason other than a breach of this agreement;
2. You terminate this Agreement because we have breached a consumer guarantee; or
3. an overcharge has happened.

6.5Without limiting any provision of this Agreement, you agree that you are deemed:

1. To have been driving in a ‘dangerous, dazed or negligent manner’ if you operate the vehicle whilst on a highway at night or after having consumed any drug or alcohol at any time within the preceding 12 hours, or if you fall asleep whilst driving the Vehicle.
2. To have been driving in a ‘dangerous, dazed or negligent manner’ if you operate the vehicle whilst on a highway at night or after having consumed any drug or alcohol at any time within the preceding 12 hours, or if you fall asleep whilst driving the Vehicle.

6.6Personal injuries you cause or incur whilst travelling in the Vehicle may be covered by compulsory third-party insurance relating to the Vehicle. Your rights under any such insurance are governed and may be limited by the applicable State or Territory legislation. We make no warranty or representation as to your rights under any such legislation and we recommend that you obtain prompt independent legal advice following any Incident. We also recommend that you seek expert advice about obtaining appropriate insurance (for example, separate travel insurance) prior to taking Possession of the Vehicle. Except for any compulsory third-party insurance required by law, we do not provide or arrange insurance of any kind.

6.7You acknowledge and agree that your use of the Vehicle is solely for your own purposes and that you are neither the agent of City Rentals nor subject to its control in relation to such use, City Rentals will retain title to the Vehicle at all times, and you may not attempt or offer to sell, assign, sub-let or hire or otherwise part with possession of the Vehicle.

6.8We hereby reserve the right to refuse any request for hire, or to cancel any booking, prior to you taking Possession of the Vehicle.

6.9After Possession of the Vehicle has been delivered to you, you acknowledge and agree that we and/or the owner of the Vehicle may nevertheless retake Possession of the Vehicle (and for that purpose enter any premises and remove the Vehicle, using reasonable force if necessary) at any time without prior notice if:

1. you breach this Agreement,
2. the Vehicle appears to be abandoned or damaged,
3. any Hirer obtained Possession of the Vehicle through fraud or misrepresentation, or
4. We consider on reasonable grounds that the safety of any passengers in the Vehicle or the condition of the Vehicle is endangered.

6.10In the event that City Rentals retakes Possession of the Vehicle due to a Breach of the Rental Agreement, You consent to City Rentals taking custody of any personal belongings, items, and effects that are left in the vehicle at the time of repossession. You acknowledge and agree that We shall not be liable for any loss, damage, or disposal of such items, and that you forfeit any claim to these belongings.

6.11You consent to Us to remotely immobilize the Vehicle in the event of a breach of the Rental Agreement, or if your actions pose a potential hazard to the public or risk damage to the Vehicle.

6.12You agree to use, operate, and possess the Vehicle at your own risk, and you agree that we have no Liability whatsoever for any Loss you may suffer except as required by law. To the full extent permitted by law, you hereby release and discharge, and agree to indemnify and hold harmless, City Rentals Australia, its officers’ agents, and servants, and anyone representing the company from and against all Claims you may have, or but for this clause might have had, against any such person whether now or in the future; that in any way relates to or arises out of:

1. any wrongful act by you or any Third Party,
2. your use of the Vehicle (including any roof-top of, or any roof-top accessories supplied with, the Vehicle) or in the event of the following;
   1. any loss, theft or damage to any property in or around the car, that may be handled by City Rentals, or by any service vehicle on our premises, during or following the Rental Period,
   2. sany loss in the nature of personal injury, except for the circumstance due to City Rentals’ negligence,
   3. any loss sustained by City Rentals’ exercise or purported exercise of its right hereunder, or,
   4. any malfunction to any accessories supplied with the Vehicle.

6.13If You become entitled to make any Claim against Us for any Loss or Liability you sustain or incur, and the law prohibits the exclusion of our Liability in relation thereto, then to the extent permitted by law and in consideration of our entering into this Agreement, you hereby agree that our Liability is limited to the Settlement Sum and you agree to accept that sum in full and final settlement of any such Claim.

6.14Any right City Rentals may be entitled to in this Agreement may only be waived by providing notice signed in writing by an Officer of City Rentals, any delay in exercising any write, or silence on part of City Rentals does not constitute the waiving of such right.

6.15This agreement constitutes the entire agreement between the Parties. Any offer, representation, or warranty conferred by any party will not affect this agreement except to the extent referenced in this agreement.

6.16ity Rentals is not liable for the failure or a delay to perform their obligations if the failure to perform is a result of a Force Majeure event.

6.17We are under no obligation to provide a replacement or substitute vehicle for any reason except in the event we have failed to comply with a consumer guarantee.

1. Any substitute or replacement vehicle we agree to provide is subject to you paying additional hire fees and provide a new bond in accordance with Clause 2.1.

7.Claims and Proceeding

7.1Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:

1. promptly report such incident to the local police,
2. promptly report such incident in writing to City Rentals Australia,
3. not, without City Rentals Australia’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability,
4. permit City Rentals Australia or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name,
5. permit or ensure that City Rentals Australia may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, City Rentals Australia in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to City Rentals Australia,
6. complete and furnish to City Rentals Australia within a reasonable time any statement, information, or assistance which City Rentals Australia or its insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.

8.Accidents and Theft Reporting Clause

8.1In the event of an accident or theft involving a rented vehicle, you must report the incident to City Rentals Australia as soon as reasonably possible and no later than 24 hours after the incident has occurred. Failure to report within this time-frame may result in a Breach of the Rental Agreement and potential liability.

8.2Exchange of Information. You are required to exchange relevant information with all other parties involved in the accident. This includes but is not limited to:

1. Full names, addresses, phone numbers, and email addresses of all drivers and involved parties;
2. Driver’s license details for all drivers.
3. Vehicle details, including registration numbers and insurance details.
4. Photographic evidence capturing the position of the vehicles prior to being moved, damage to the vehicles, and the general area of the accident.

If possible, obtain witness information (names, addresses, phone numbers, and emails), as their testimony may assist in the investigation.

8.3You Must take as many photographs as reasonably possible to document the scene of the accident and any damage to the vehicle. This evidence will be vital for any claims or disputes.

8.4You must notify the police immediately if:

1. Any person has been injured in the accident;
2. The other party involved fails or has failed or is refusing to provide required details​;
3. The other party has left the scene of the accident without stopping;
4. You suspect that the other party is under the influence of drugs and/or alcohol.
5. A driver with an impairment or disability requires police assistance.

9.Dispute Resolution

9.1If You believe there has been an error in Your account or if You have any complaint, We will help You in every way they can to rectify the error or resolve the complaint. If they are unable to assist You or if Your concerns are not resolved to Your satisfaction, You may refer the matter to Our internal dispute resolution (IDR) process.

9.2Either party must first notify the other party of the dispute and provide them the opportunity to rectify. If the dispute is not resolved within seven business days, the parties must refer the dispute to Arbitration.

9.3Upon receipt of Your referral to IDR Our IDR officer will acknowledge receipt of Your referral and will investigate the matter and try to reach a satisfactory outcome.

9.4We will advise You of the final outcome of Your IDR referral within 45 days of receipt of that referral and We will use Our best endeavours to do so within 21 days thereof.

9.5In the event We are unable to resolve a dispute You may access the Prior to issuing any claim to commencing legal proceedings, whether arising out of any right or liability of any party to this agreement, or the performance of any action by either party during or after the termination of the agreement.

9.6In the event We are unable to resolve a dispute You may access the Australian Car Rental Conciliation Service facilitated by AFIA at:

• Web:www.carrentalconciliationau.com
• Home: 1800 366 840
• Fax: +61 3 9335 7600

10.Privacy Policy and GPS tracking

10.1Our Privacy Policy forms part of this Agreement.

10.2By entering into this Agreement, you represent to us that you have read and understood the Privacy Policy.

10.3You consent to Us collecting, using and disclosing Your Personal Information in accordance with the Privacy Policy.

10.4To maintain and protect the Vehicle We may fit a GPS Tracking Device to the Vehicle to enable Us to monitor the condition, performance and operation of the Vehicle and to track the Vehicle’s movements. This information may be used both during and after the Rental Period.

10.5When You sign the Rental Agreement You are authorising Us and consenting to the use of the GPS Tracking Device.

11.GST

11.1Unless otherwise indicated, all fees are exclusive of GST.

11.2If GST is stated as not to be inclusive, You are liable for any GST payable in accordance with the applicable law.

11.3If any supply is made by us under or in connection with this agreement is a taxable supply, then in addition to the price payable for that taxable supply, you must also pay us at the same time and in the same manner as the rice, an amount equal to any GST relating to that supply.

11.4In Clause 9.1, words or expressions not defined in this Agreement have the same meaning as defined in Goods and Services Tax Act 1999 (Cth).