Ute Hire, Van & Minibus Rentals in Melbourne

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  • FAMILY business for over 50 years

Vehicle Rental Agreement

1 Introduction

1.1 Hire Contract

Your contract to hire a Vehicle from Us (Hire Contract) comprises:

  • (a)   the agreement (Hire Agreement) You have signed to hire the Vehicle from Us;
  • (b)   the Handover Inspection Report;
  • (c)    these hire Terms and Conditions (Terms and Conditions),

and together they create binding and enforceable legal obligations.

1.2 Relevant law

The Hire Contract is governed by the laws of Victoria and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law

You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Hire 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.

1.4 Electronic signatures

We may use electronic signatures as a means of entry into the Hire Contract.  When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Hire Contract.

1.5 Amending these Terms and Conditions

We may amend these Terms and Conditions by providing You with 30 days' notice in writing.  If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period.

 

2. Who may drive the Vehicle?

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Hire Contract. See clause 11 for further details.

2.1 Authorised Drivers

  • (a)   Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.
  • (b)   Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Hire Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.

2.2 Age limits

There is a minimum and maximum age limit for those renting Our Vehicles.  You and any Authorised Driver must be at least 21 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 the Hire and it is shown in the Hire Agreement.

2.3 Licence requirements

  • (a)   You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:

(i)    issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);

(ii)   appropriate for the class of the Vehicle; and

(iii) not subject to any restriction or condition. 

  • (b)   Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

2.4 Cancelled and suspended licences

The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:

  • (a)   is cancelled or suspended, including as a result of an accumulation of demerit points; or
  • (b)   has been cancelled or suspended, within three (3) years of the date of the Hire Agreement.

2.5 False and misleading information

The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.

 

3 Prohibited Use

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Hire Contract. See clause 11 for further details.

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 there is Damage to the Vehicle or it is unroadworthy 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, biohazardous, infectious, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) to propel or tow another vehicle, trailer or boat;

(iv) to carry or transport illegal drugs or substances;

(v)   in connection with the motor trade for experiments, tests, trials or demonstration purposes;

(vi) in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or

(vii) in an unsafe or unroadworthy condition; or

  • (c)    use a mobile phone:

(i)    to make or receive a phone call, perform any audio function or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or

(ii)   to send a text message, video message, email or similar communication unless the Vehicle is parked.

3.3 You and any Authorised Driver must not:

  • (a)   damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
  • (b)   modify the Vehicle in any way or make any alteration or addition to it and no decals, branding or logos may be applied or removed from the Vehicle;
  • (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:

(i)    hire, fare or reward, except under a private pooling arrangement; or

(ii)   for rideshare or peer to peer purposes;

  • (b)   more than the number of passengers for which the Vehicle is licenced; or
  • (c)    any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

 

4     Prohibited areas of use

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 4 is a Major Breach of the Hire Contract. See clause 11 for further details.

4.1 The Vehicle must never be driven:

  • (a)   on an Unsealed Road;
  • (b)   Off Road; or
  • (c)    above the snow line between 1 May and 31 October or in any area where snow has fallen or is likely 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, sand dunes, streams, rivers, creeks, dams and floodwaters or any area exposed to saltwater;
  • (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:

  • (a)   interstate; or
  • (b)   onto any island that is off mainland Australia, except Philip, Island,
  • unless We have given Our written permission prior to the Start of the Hire and it is noted on the Hire Agreement.

 

5     Your obligations

⚠️ IMPORTANT NOTICE

A breach of any of clauses 5.5, 5.6, 5.7, 5.8, 5.9, or 5.10 is a Major Breach of the Hire Contract. See clause 11 for further details.

5.1 Start of the Hire

At the Start of the Hire and before collecting the Vehicle You must:

  • (a)   present Your driver's licence and that of any Authorised Driver and permit copies of the drivers' licences to be made and kept by Us;
  • (b)   present Your passport if You are not an Australian citizen;
  • (c)    fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to leaving the Hire Station; and
  • (d)   pay the anticipated Hire Charges and the Security Deposit. 

5.2 Security Deposit

  • (a)   The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Hire Contract and is fully refundable to You ten (10) business days after the End of the Hire provided that:

(i)    all amounts due to Us under the Hire Contract have been paid, including toll road charges and refuelling costs;

(ii)   the Vehicle has been returned to the Hire Station at the date and time set in the Hire Agreement;

(iii) there is no Damage (except for reasonable wear and tear) or Third Party Loss;

(iv) the exterior and interior of the Vehicle are clean;

(v)   the Vehicle has a full tank of fuel; and

(vi) there has not been a Major Breach of the Hire Contract,

  • (b)   If at the End of the Hire You fail to pay any of the amounts in clause 5.2(a) for which You are liable, We will apply the Security Deposit against those outstanding amounts.

5.3 During Your hire

  • During Your hire:
  • (a)   You must:

(i)    inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and

(ii)   adhere to any mileage instructions displayed in the Vehicle or set by the Hire Station.

  • (b)   You must not:

(i)    use the Vehicle for transporting any pets or animals, with the exception of accredited or trained assistance animals, unless specifically approved by Us;

(ii)   smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or

(iii) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us. 

  • Additional cleaning, disinfection and deodorising charges will apply.

5.4 Seat belts and restraints

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.

5.5 Vehicle to be locked and keys kept in Your possession

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 never left in the ignition or in the Vehicle when it is unattended.

5.6 Reasonable care

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)    properly securing any goods, property or equipment carried in the Vehicle;
  • (d)   maintaining the engine and brake oils and coolant level and tyre pressures;
  • (e)   using the correct fuel type; and
  • (f)    making sure it is not overloaded.

5.7 Towing a trailer

  • (a)   You must not use the Vehicle to tow a trailer unless You have Our express permission prior to the Start of the Hire and it is noted on the Hire Agreement.
  • (b)   If We have given Our permission, the following conditions apply:

(i)    the trailer towed must be in a roadworthy and safe mechanical condition; and

(ii)   You must ensure that at all times:

(A)   the maximum loaded weight of a braked trailer does not exceed the towing capacity of the Vehicle;

(B)   the lights on the Vehicle and the trailer are fully operational; and

(C) the trailer is correctly coupled to the Vehicle and the safety chains are correctly fitted.

  • (c)    There is no Damage Cover for the trailer or for goods or property carried in the trailer, whether owned by You or a Third Party, and You agree to fully indemnify Us for any claim for Third Party Loss arising from the use of a trailer that occurs during the Hire Period.

5.8 Maintenance for longer term hires

  • (a)   If the Hire Period exceeds 30 days You must return the Vehicle to the nearest Hire Station for it to be serviced or exchanged when:

(i)    the next scheduled service is due, as noted on the sticker on the inside of the windscreen; or

(ii)   a service indicator is illuminated on the dashboard,

whichever comes first.

  • (b)   We will pay for the service, parts, tyres and any other issues with the Vehicle providing that these issues were not caused by You or any Authorised Driver. 
  • (c)    If You fail to have the Vehicle serviced You will be liable for any Damage caused to the Vehicle.

5.9 Notification of Vehicle fault

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 Hire Period.

If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.

5.10        Repair without authority prohibited

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.

5.11        Repair with authority

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 Hire Contract.

5.12 Staying with the Vehicle after an Accident

  • You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator unless You or a passenger has been injured and require medical attention or You are directed to do so by the police.

 

6     Hire Period, costs and charges

6.1 Your Hire

Your hire of the Vehicle from Us is for the Hire Period and at the rate shown in the Hire Agreement.

6.2 Extending the Hire Period

  • (a)   We understand that circumstances change and that You may require the Vehicle for longer than the Hire Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Hire Period.
  • (b)   If You fail to notify Us at least 24 hours before the expiration of the Hire Period that You require an extension, and fail to return the Vehicle on the scheduled date and at the time shown in the Hire Agreement, We may:

(i)    terminate the Hire Contract; and

(ii)   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.

6.3 Cancellation and 'No Show'

  • (a)   You will be charged the Hire Charges for the Hire Period as booked if:

(i)    Your booking is cancelled within 24 hours prior to the Start of the Hire; or

(ii)   You fail to notify Us of Your intended cancellation prior to the Start of the Hire and fail to pick up the Vehicle,

unless We are able to rent the Vehicle to another renter for an equivalent term and rate.

  • (b)   A cancellation is not effective until acknowledged and confirmed by Us.

6.4 Fines and infringements

  • (a)   You and any Authorised Driver must pay

(i)    fines or charges imposed for parking;

(ii)   infringements and fines imposed for speeding and other driving offences; and

(iii) fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.

  • (b)   An administrative fee of $25 applies if We are required to nominate You as the responsible driver if any toll, fine or infringement is unpaid.

6.5 Tolls

  • (a)   You and any Authorised Driver must pay all tolls.
  • (b)   An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when using the Vehicle on toll roads.
  • (c)    If You fail to do so and We are required to nominate You as the responsible party We will charge You an administrative fee of $25 for each nomination.

6.6 Daily kilometre limit

A daily limit of 100 kilometres applies unless You have Our prior written approval to have this limit waived and it is noted on the Hire Agreement. For each day You exceed that limit (calculated over the Hire Period) You will incur an additional fee of thirty-five cents (35c) per kilometre.

6.7 Return of the Vehicle

  • (a)   You must return the Vehicle:

(i)    to the Hire Station;

(ii)   on the date and by the time shown in the Hire Agreement;

(iii) in a reasonable state of cleanliness;

(iv) in the same mechanical condition, it was in at the Start of the Hire, fair wear and tear excepted; and

(v)   with a full tank of fuel.

  • (b)   If You return the Vehicle:

(i)    with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply;

(ii)   earlier than the date shown in the Hire Agreement there is no entitlement to a refund;

(iii) more than one hour after the date and time set for its return in the Hire Agreement, We will charge You $44 per hour until the Vehicle is returned to Us; or 

(iv) at any time outside Our normal business hours, You must pay for the daily Hire Charges and all Damage until the Hire Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Hire Agreement. 

6.8 Post hire inspection procedure

  • (a)   We will take reasonable steps to conduct a post hire inspection in Your presence; and
  • (b)   If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within twenty four (24) hours and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.

6.9 End of the Hire requirements

At the End of the Hire, You must pay:

  • (a)   the balance of the Hire Charges, including any charges for excess kilometres (if any);
  • (b)   the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
  • (c)    any costs We incur, including:

(i)    refuelling costs; and

(ii)   extra cleaning costs;

  • (d)   for all Damage arising from a Major Breach of the Hire Contract;
  • (e)   for all Overhead Damage;
  • (f)    for all Underbody Damage; and
  • (g)   for any Damage caused by the immersion of the Vehicle in water.

6.10        Credit card authority

  • By signing the Rental Agreement You authorise Us to debit Your credit card within a reasonable time after the End of the Rental for any amount that is due to Us or remains unpaid, including:

Subject to these Terms and Conditions, if any amount is due to Us or remains unpaid, including:

  • (a)   the Hire Charges;
  • (b)   tolls, speeding and traffic fines and infringements;
  • (c)    fines or charges imposed for parking;
  • (d)   administrative fees ($20) for tolls, fines or infringements We have invoiced to You;
  • (e)   extra cleaning costs
  • (f)    refuelling costs; or
  • (g)   the Damage Excess.

6.11        Default in payment

  • If You default in the payment of any moneys owed to Us under the Hire Contract:
  • (a)   You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting seven (7) days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
  • (b)   We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
  • (c)    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.

 

7     Damage Cover

7.1 Damage Excess

  • (a)   Standard Damage Cover is included in the Hire Charges. 
  • (b)   Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Hire Agreement for each Accident or theft claim unless:

(i)    You have fully completed an Incident Report Form with:

(A)   the name, residential address, contact phone and licence number of any person involved (Third Party);

(B)   the registration number of all vehicles involved;

(C) an accurate written and diagrammatic description of the Accident and location; and

(D) the names and addresses of all attending police officers and the stations at which they are based;

(ii)   you have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;

(iii) We agree You were not at fault; and

(iv) the other party was insured and their insurance company accepts liability.

7.2 When is the Damage Excess payable?

Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess 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 We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.

7.3 Younger age additional Damage Excess

An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.

7.4 Claims Administration fee

All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

 

8     Damage Cover Exclusions

8.1 General exclusions

Even if You have paid the Damage Excess, 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 Hire Contract;

(ii)   any deliberate, intentional, malicious or criminal act by You, an Authorised Driver or any person who is acting with Your express or implied consent; or

(iii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 80 years of age;

  • (b)   a Single Vehicle Accident;
  • (c)    Overhead Damage;
  • (d)   Underbody Damage;
  • (e)   Damage caused by:

(i)    immersion of the Vehicle in water; or

(ii)   use of the incorrect fuel type;

(iii) loading or unloading the Vehicle, except for reasonable wear and tear; or

(iv) Your failure to properly secure goods, property or equipment carried in or on the Vehicle;

  • (f)    damage to the tyres of the Vehicle, other than by normal wear and tear; and
  • (g)   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
  • (h)   loss or damage to, or deterioration of, goods or property carried in or on the Vehicle whether owned by You or a Third Party.

8.2 Exclusion for personal items

There is also no Damage Cover for personal property in the custody of or owned by:

  • (a)   You;
  • (b)   Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
  • (c)    any relative, friend or associate of an Authorised Driver; or
  • (d)   Your employees,

that is stolen from the Vehicle, lost or damaged during the Hire Period or left in the Vehicle after the Vehicle is returned to the Hire Station.

 

9 Breakdowns

9.1 Roadside assistance

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) and if the Vehicle breaks down during the Hire Period You must contact Us on 03 9379 8300 to arrange assistance.  If the fault cannot be repaired on site 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 Assistance not covered

  • (a)   We are not responsible for:

(i)    a flat battery;

(ii)   tyre changing;

(iii) lost keys or remote-control device; or

(iv) keys or remote-control device locked in the Vehicle.

Extra charges will apply if any of these services are provided at Your request.

  • (b)   Roadside assistance does not apply to, and You are liable for, Damage caused by the use of the incorrect fuel type.

9.3 Consequential and other loss

Subject to the Australian Consumer Law, We are not responsible for:

  • (a)   flights You have missed;
  • (b)   holiday plans that are disrupted;
  • (c)    loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
  • (d)   loss of enjoyment; or
  • (e)   consequential or economic loss.

 

10 Accident and theft reporting

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 10 is a Major Breach of the Hire Contract. See clause 11 for further details.

10.1        Reporting an Accident or theft to Us

If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.

10.2        Reporting an Accident or theft to the police

If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:

  • (a)   any person is injured;
  • (b)   the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
  • (c)    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.

10.3        Steps You must take following an Accident

If You or an Authorised Driver have an Accident You and the Authorised Driver must:

  • (a)   exchange names and addresses, phone numbers and email addresses with the other driver;
  • (b)   obtain the name of the other driver's insurance company;
  • (c)    take a photo of the other driver's licence;
  • (d)   take the registration numbers of all vehicles involved;
  • (e)   take as many photos as is reasonable showing:

(i)    the position of the Vehicles before they are moved for towing or salvage;

(ii)   the Damage to the Vehicle;

(iii) the damage to any third party vehicle or property; and

(iv) the general area where the Accident occurred, including any road or traffic signs;

  • (f)    obtain the names, addresses, phone numbers and email addresses of all witnesses;
  • (g)   forward all third party correspondence or court documents to Us within seven (7) days of receipt; and
  • (h)   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:

(i)    Our lawyer's office; or

(ii)   any Court hearing.

10.4        What you must not do

You and any Authorised Driver must not:

  • (a)   make any admission of fault;
  • (b)   promise to pay any claim for Third Party Loss; or
  • (c)    release the other party from any liability to pay for Damage as a result of an Accident, theft of attempted theft.

 

11 Major Breach and its consequences

11.1 Major Breach

You and any Authorised Driver commit a Major Breach of the Hire Contract if there is a breach of any of the following:

  • (a)   clauses:

(i)    2 (who may drive the Vehicle);

(ii)   3 (prohibited use);

(iii) 4 (prohibited areas of use);

(iv) 5.5 (Vehicle to be locked and keys kept in your possession);

(v)   5.6 (reasonable care);

(vi) 5.7 (towing a trailer);

(vii)         5.8 (maintenance for long term hires);

(viii)        5.9 (notification of Vehicle fault); or

(ix) 5.10 (repair without authority),

  • that causes Damage, theft of the Vehicle or Third Party Loss; or
  • (b)   clause 10 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
  • (c)    clause 13.2(d) (removal of the Tracking Device).

11.2        No Damage Cover

If You or any Authorised Driver:

  • (a)   commit a Major Breach of the Hire Contract; 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 in recovering the Vehicle.

11.3        Termination and repossession

  • Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Vehicle if:
  • (a)   there has been a Major Breach; or
  • (b)   there has been a breach of clause 11.2(b).

 

12 Personal Property Securities Act 2009 (Cth)(PPSA)

12.1        You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.

12.2        You acknowledge that:

  • (a)   the Hire Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Vehicle;
  • (b)   We have a Security Interest in the Vehicle and the Vehicle will at all times remain subject to that Security Interest; and
  • (c)    We may register the Security Interest on the Personal Property Securities Register.

 

13 Privacy

⚠️ IMPORTANT NOTICE

A breach of clause 13.2(d) is a Major Breach of the Hire Contract. See clause 11 for further details.

13.1        Personal Information

  • (a)   We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
  • (b)   When We collect Your personal information, We will do so only for the purpose of providing hire services to You. If You choose not to provide this information to Us We may not be able to provide those hire services to You.
  • (c)    We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

13.2        Tracking Device

  • (a)   To maintain and protect the Vehicle We may fit a 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. 
  • (b)   Information from the Tracking Device and the Dash Cam may be used during and after the Hire Period.  When You sign the Hire Agreement, You are authorising Us and consenting to the use of the Tracking Device and the Dash Cam.
  • (c)    You must not tamper with the Tracking Device or the Dash Cam or remove it from the Vehicle.

13.3        Electric and plug in hybrid vehicles

  • (a)   The technology associated with electric and plug-in hybrid vehicles means that data is generated and used in ways that are different to vehicles that are not equipped with this technology.  Electric and plug-in hybrid vehicles may collect data regarding usage of the Vehicle, including charging information, location data, diagnostic data, app data (if applicable), autopilot data (if applicable) and other general analytic data.
  • (b)   You should read the privacy policy of the manufacturers of the specific electric or plug-in hybrid Vehicle that You hire from Us in order to understand how data generated by Your use of the Vehicle may be collected and used by the Vehicle manufacturer.
  • (c)    By using an electric or plug-in hybrid Vehicle provided by Us, You consent to the collection of Vehicle data as set out above.  You may refuse to consent to this data collection and sharing at any time, but this may prevent Us from providing You with an electric or plug-in hybrid Vehicle.

 

14 Definitions and interpretation

14.1Definitions

In these Terms and Conditions:

Accident means an unintended and unforeseen incident, including:

  • (a)   a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
  • (b)   rollovers; and
  • (c)    weather events, 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 Hire Agreement prior to the Start of the Hire.

Damage means:

  • (a)   any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
  • (b)   towing and salvage costs;
  • (c)    assessing fees; and
  • (d)   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 Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 7, subject to the Damage Cover Exclusions in clause 8.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered and includes the additional amount for younger drivers that is payable pursuant to clause 7.3.

End of the Hire means the date and time shown in the Hire Agreement when the hire ends and by which date and time the Vehicle must be returned to Us.

Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the time of the inspection.

Hire 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 Hire Agreement.

Hire Period means the period commencing at the time shown in the Hire Agreement and concluding at the End of the Hire.

Hire Station means the location from which the Vehicle is rented, as shown on the Hire Agreement.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Hire 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 the clauses described listed in clause 11.1.

Off Road means an area, surface or terrain that is not 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 to the Vehicle;
  • (b)   Damage to any part of a commercial Vehicle that is used for the carriage of goods or passengers; or
  • (c)    Third Party Loss, 

caused by:

(i)    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;

(ii)   objects being placed on the roof of the Vehicle; or

(iii) You or any person standing or sitting on the roof of the Vehicle.

PPSA means the Personal Property Securities Act 2009 (Cth).

Security Deposit means the amount shown on the Hire Agreement We collect from You at the Start of the Hire as security for the Hire Charges and other fees and charges incurred during Your hire and the amount is fully refundable subject to clause 5.2.

Single Vehicle Accident means a collision between the Vehicle and another object when no other moving vehicle is involved and includes impacts with animals, roadside infrastructure, buildings, rollovers and impacts with any stationary object including other parked vehicles.

Start of the Hire means the date and time that the hire commences as shown in the Rental Agreement.

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, braking and fuel levels.

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.

Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means the Vehicle described in the Hire Agreement and includes its parts, tools, components and accessories, including the GPS unit (if fitted) and includes any replacement Vehicle.

We, Us, Our, means Van and Ute Hire Pty Ltd ABN 61 142 139 633.

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 Hire Agreement.

14.2        Interpretation

In these Terms and Conditions, unless the context otherwise requires:

  • (a)   headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and
  • (b)   where You comprises two or more persons each is bound jointly and severally.
 
 
 

Some important Terms and Conditions that may affect Your Liability

This is a summary of some, but not all, of the Terms and Conditions that may affect Your liability. 

You must read the Terms and Conditions in full so that You understand Your obligations when renting the Vehicle.

CLAUSE

SUBJECT

SUMMARY

2.1.

Authorised Drivers

Only drivers authorised by Us before the Start of the Rental are permitted to drive the Vehicle.  Allowing an unauthorised driver to drive the Vehicle is a Major Breach of the Rental Contract which excludes You, an Authorised Driver and the unauthorised driver from the benefit of Damage Cover for Accidents and theft of the Vehicle.

2.2.

Age limits

The minimum permitted age is 21.

2.3
2.4

Licence requirements

A valid licence that is not subject to any restrictions, cancellation or suspension is required and must be produced at the Start of the Rental.

3.1,
3.2,
3.3,
3.4.

Prohibited use

The Vehicle must never be driven under the influence of drugs or alcohol or in excess of alcohol/drug limits set by law.  Failing to undergo a preliminary breath test, illegal use, using the Vehicle to move dangerous or hazardous goods and use of a mobile phone whilst driving are all prohibited.

4.1,
4.2,
4.3.

Prohibited areas

Use of the Vehicle on Unsealed Roads and Off Road is prohibited at all times, as is use of the Vehicle in a prohibited area, including flooded roads, beaches, driving through though rivers or streams and any areas prohibited by the police.

5.1(c),
5.3,
5.5,
5.6,
5.7.

Your obligations

You must inspect the Vehicle at the Start of the Rental for pre-existing damage and pay the Rental Charges and the Security Deposit.

During Your rental You must take reasonable care of the Vehicle and that includes making sure the Vehicle is locked and the keys are kept in Your possession at all times.

Smoking in the Vehicle is prohibited, as is the carriage of animals, except accredited or trained assistance animals.

A trailer can only be towed with our prior agreement.

6.2,
6.4,
6.5,
6.6,
6.7,
6.9.

Rental Period, costs and charges

Daily km limit

Toll charges, fines and infringements

Extensions of the Rental Period must be notified no less than 24 hours prior to the End of the Rental.

You must pay for all tolls, parking fines and infringements and fines for speeding and other driving offences.  An administrative fee of $20 applies if We are required to nominate You as the responsible driver if any toll, fine or infringement is unpaid and when You sign the Rental Agreement You are authorising Us to charge an administrative fee ($20) for tolls, fines or infringements We have invoiced to You.

Daily use is restricted to 100 kilometres.  Any use over and above that limit will be charged at the rate of 30 cents per excess kilometre.

The Vehicle must be returned on time, in clean and good repair and with a full tank of fuel or additional fees will apply. 

Unless otherwise stated, the Rental Period is 24 hours.  If the Vehicle is returned more than one hour after it is due, you will be charged $44 per hour until the Vehicle is returned to Us.

7.1,
7.2.

Damage Cover, Damage Excess

If there is Damage to the Vehicle, it is stolen or there is any Third Party Loss, You must pay the Damage Excess shown on the Rental Agreement.

8.1
8.2.

Damage Cover Exclusions

Major Breach

Damage Cover is excluded if there is a Major Breach of the Rental Contract.   There are also exclusions for Single Vehicle Accidents, Overhead Damage, Underbody Damage, Damage caused by immersion of the Vehicle in water and use of the wrong fuel type. 

There is no Damage Cover for Personal items.

9.

Breakdowns

You must call Us on 03 9379 8300 if there is a breakdown and We will arrange road side assistance, subject to some exceptions.

10.

Accident reporting

Any damage to the Vehicle during the Rental Period must be reported to Us as soon as practicable and You must also report an Accident to the police if any person is injured, a party leaves the accident scene without exchanging details or the other party is affected by alcohol or drugs.

11.1
11.3.

Major Breach consequences

Damage Cover is excluded and the Vehicle may be repossessed if You or an Authorised Driver commit a Major Breach or drive the Vehicle recklessly.

12.2.

Privacy

A Tracking Device may be fitted to the Vehicle to track its location and record its route of travel, and may provide other data about the use of the Vehicle.

 

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