Terms & Conditions

Introduction
1. When You rent a Vehicle from Us the contract (Rental Contract) You have with Us consists of:
  1. the agreement (Rental Agreement) You have signed to rent the Vehicle from Us;
  2. these rental Terms and Conditions (Terms and Conditions); and
  3. Our privacy policy outlined in clause 14.
2. The date of the Rental Contract is the date shown in the Rental Agreement.
Who can drive the Vehicle?
1. Authorised Drivers
  Only You or an Authorised Driver can drive the Vehicle and You or any Authorised Driver must be at least 21 Years of age.
2. Licence requirements
  1. You and any Authorised Driver must also have a valid licence to drive the class of Vehicle which is:
    1. issued in an Australian state or territory or an international licence (or if not issued in English, an International Driving Permit or an approved translation of Your licence into English);
    2. appropriate for the class of the Vehicle; and
    3. not subject to any restriction or condition.
    4. not a Learners or Probationary license.
3. Cancelled licences
  The Vehicle must not be driven if Your licence or the licence of any Authorised Driver has been cancelled within 2 years of the date of the Rental Agreement.
4. False information
  The Vehicle must never be driven by You or an Authorised Driver who has provided any false information including without limitation a false or misleading name, age, address or driver’s licence.
5. You are accountable
  For the avoidance of doubt, You must pay all costs that apply under this Rental Contract including without limitation: clause 3, 4, 5.2, 5.3, 7, 8, 9, 11, 12 and 13.
Prohibited Use of the Vehicle
1. The Vehicle must not be driven by You or any Authorised Driver:
  1. whilst under the influence of drugs or with a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
  2. recklessly, dangerously or in any way that could be deemed a public nuisance; or
  3. whilst the Vehicle is damaged or unsafe.
  4. In breach of any road rules or any other laws applicable in the State of Australia where the vehicle is being driven.
2. You and any Authorised Driver must not:
  1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment requested by Us or authorities;
  2. use the Vehicle:
    1. for any illegal purpose including transporting any illegal substance;
    2. to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
    3. to propel or tow another vehicle;
    4. in an unsafe or un-roadworthy condition.
3. You and any Authorised Driver must not:
  1. damage the Vehicle deliberately or recklessly or allow anyone else to do so;
  2. modify the Vehicle in any way;
  3. carry more than the number of passengers for which the Vehicle is licensed.
  4. carry passengers for hire, fare or reward or for rideshare purposes
  5. sell, rent, lease or dispose of the Vehicle; or
  6. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
Prohibited Use of the Vehicle - Location
1. The Vehicle must never be driven:
  1. on an Unsealed Road; or
  2. Off Road; or
  3. On a 4WD track; or
  4. in any area where snow has fallen; or
  5. in Victoria and New South Wales, above the snow line between 1 May and 31 October; or
  6. in the states of Western Australia and Tasmania; or
  7. in the Northern Territory; or
  8. on any road that is closed, is flooded, has the appearance of being flooded or an authority has issued warnings prohibiting access; or
  9. otherwise on terrain not reasonably considered a road or immediate access to a road
Your Obligations
1. Start of Rental
  At the Start of Rental and before collecting the Vehicle:
  1. We will pre-authorise or charge Your credit card for a Holding Deposit of:
    1. up to $500 as security for the Rental Charges and any additional charges incurred during Your rental OR
    2. up to $2000 as security for the Rental Charges and any additional charges incurred during Your rental if You are a Local Renter
  2. You must:
    1. 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; and
    2. inspect the Vehicle to make sure that any pre-existing damage forms part of the Rental Agreement.
2. End of Rental At the End of Rental You must:
  1. return the Vehicle;
    1. in the same condition as the Start of Rental;
    2. in clean state;
    3. to the depot nominated on your Rental Agreement; and
    4. with a full tank of fuel, to avoid any cost of refuelling
  2. pay:
    1. the Rental Charges,
    2. the cost of refuelling, including a refuelling charge, if the Vehicle is returned with less than a full tank of fuel;
    3. for any costs incurred for late returns under clause 7.2.c
    4. the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
    5. for all Overhead Damage, Underbody Damage, Damage caused by immersing the Vehicle in water, Damage to keys and Towing fees;
    6. any costs We incur, including extra cleaning costs under clauses 5.8 or 7.4, in reinstating the Vehicle to the same condition it was in at the Start of Rental;
    7. for all Damage, theft of the Vehicle and Third Party Loss arising from a Breach of the Rental Contract;
3. Tolls, fines and infringements
  1. You must pay all tolls, as well as any fines imposed for speeding, illegal parking or using the Vehicle or release of the Vehicle if it has been seized by an authority.
  2. If We receive notification of any tolls, fines or infringements incurred by You during the Rental Period We will nominate You as the responsible driver and You hereby authorise Us to do so and You will be charged an Admin Fee for each nomination. If We have paid any amount for which You are liable pursuant to clause 5.3(a), You will be charged that amount together with a further Admin Fee.
4. Seat belts and restraints
  You and any Authorised Driver and passengers must comply with all mandatory state and federal seat belt laws and child restraint laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt or child restraint properly adjusted and fastened.
5. Vehicle to be locked and keys kept in Your possession
  You must make sure that the Vehicle is locked when not in use or unattended and the keys only accessible to You or an Authorised Driver at all times.
6. Notification of Vehicle fault
  If the Vehicle develops a fault during the Rental Period You must inform Us immediately and not drive the Vehicle unless We have authorised You to do so.
7. Repair without authority prohibited
  You must not let anyone else repair or work on the Vehicle or towing or salvage of it without Our prior written authority to do so. You must not let anyone perform repair works, towing, or salvaging of the Vehicle unless this has been authorised by Us.
8. No smoking in the Vehicle
  You and any Authorised Driver and passengers must not smoke in the Vehicle. The minimum fee We reasonably determine is required to return the Vehicle to the condition it was in at the Start of Rental will be charged to You if We determine the Vehicle has been smoked in.
9. Correct Fuel
  You must ensure only the correct fuel type is used.
10. Reasonable care
  You must take care of the Vehicle including by ensuring it is protected from the weather.
Our obligations
1. We will provide a vehicle of your given category as requested by You, but You acknowledge that We cannot and do not guarantee make and model of the vehicle.
2. If the Vehicle breaks down during the Rental Period and provided You are not otherwise in breach of the Rental Contract, we will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.
3. Subject to the Australian Consumer Law, if a breakdown does occur We are not responsible for oncosts including:
  1. flights You and any Authorised Driver and passengers have missed; or
  2. accommodation You and any Authorised Driver and passengers have forfeited; or
  3. any consequential or economic loss
Rental Period & Costs
1. Rental Agreement
  The Rental Agreement shows:
  1. the Rental Period for which You have hired the Vehicle; and
  2. the Rental Charges.
2. Return of the Vehicle
  1. At the End of Rental You must return the Vehicle to the location specified, on the date and time shown in the Rental Agreement.
  2. If You require the Vehicle for longer than the Rental Period, You must notify Us at least 24 hours prior to the expiration of the Rental Period. If You fail to do so, We may terminate the Rental Contract and 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.
  3. If You return the Vehicle more than one hour after the time set for its return in the Rental Agreement We will charge You $20 per hour up to one full day’s rental and a further full day’s rental at the standard rate for each 24 hour period or part thereof, including insurance and additional extras until the Vehicle is returned to Us;
3. All amounts to be paid
  At the End of Rental You must also pay for all amounts owing pursuant to clause 5.2(b) with any amount payable under the Rental Contract being subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable.
4. Cleaning fees
  If the Vehicle is returned to Us in a dirty state, the interior is soiled or there is an offensive smell, including as a result of a breach of clause 5.8 You will be charged the minimum fee We reasonably determine is required to return the Vehicle to the condition it was in at the Start of Rental.
5. Credit card authority
  If any amount is due to Us or remains unpaid, including the Damage Excess payable under clause 11 or the cost of items not covered by the Liability Reduction Package You selected ,You authorise Us to debit Your credit card with that amount within a reasonable time.
6. Default in payment
  If You default in the payment of any moneys owed to Us under the Rental Contract:
  1. You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due; and
  2. 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
  3. 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 1988 (Cth) 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. Cancellation
  1. If Your booking is cancelled at least 7 days prior to the start of your rental You will be charged 10% of the Rental Charges up to $250 for the Rental Period as booked.
  2. If Your booking is cancelled less than 7 days but more than 24 hours prior to the start of your rental You will be charged 50% of the Rental Charges up to $250 for the Rental Period as booked.
  3. You will be charged the Rental Charges for the Rental Period up to $250 as booked if:
    1. Your booking is cancelled less than 24 hours prior to the Start of Rental;
    2. You fail to notify Us of Your intended cancellation prior to the Start of Rental; or
    3. You fail to collect the Vehicle on the same calendar day as your advised collection;

Toll Charges and Processing
1. Number plate recognition will link toll road tolls to Your reservation.
2. You must not use your own toll recognition device inside Your rented vehicle.
3. You must pay:
  (a) all tolls and associated charges incurred in connection with Your use of a toll roads; and
  (b) a service fee of $5.00 for the Rental Period
Roadside Assistance
1. 24 hour roadside assistance is available and in the event that You require assistance You must contact (03) 9335 8399 if you have rented from Melbourne or (07) 3623 2300 if you have rented from Brisbane to arrange that assistance. Provided there has not been a Breach We will supply all practical assistance as soon as practicable to so.
2. There is a Call Out Fee payable by You for all roadside assistance call outs.
3. Charges beyond the Call Out Fee are payable by You if any services not inclusive to the call out are provided either at Your request or required in the opinion of the roadside assistance technician. Towing fees resulting from a roadside assistance call out are payable by You in all circumstances.
Accident Reporting
1. If You or an Authorised Driver has an Accident or if the Vehicle is stolen (Incident) You must report the Incident Us within 24 hours of it occurring and fully complete an Accident/Theft report form.
2. You or the Authorised Driver must also report the Incident to the Police if the Incident:
  1. leaves any person is injured;
  2. involves another party who fails to stop or leaves the scene of the Incident without exchanging names and addresses; or
  3. involves another party appearing to be under the influence of drugs or alcohol,
3. If You or an Authorised Driver has an Accident You and the Authorised Driver must:
  1. exchange license details, telephone numbers and email addresses with the other driver;
  2. record the registration numbers of all vehicles involved;
  3. take photos reasonably showing:
    1. the Vehicles positions before towing;
    2. Damage to the Vehicle and any third party vehicle or property;
    3. the general area where the Accident occurred, including any road or traffic signs;
  4. obtain the names, addresses and phone numbers of all witnesses;
  5. forward all third party correspondence or court documents to Us within 7 days of receipt; and
  6. co-operate reasonably with Us during 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 the Accident.
4. You and an Authorised Driver must not:
  1. make any admission of fault;
  2. promise to pay any claim for Third Party Loss; or
  3. release the other party from any liability to pay for Damage as a result of the Incident.
Damage Cover
1. Damage Excess
  Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions and the level of Liability Reduction You have selected, We will indemnify You and any Authorised Driver for Damage, theft of the Vehicle or Third Party Loss but for each Accident or theft You must pay:
  1. up to the Damage Excess shown on the Rental Agreement; and
  2. the cost of any items not covered by the Liability Reduction Package You have selected (see clause 11.2)
    unless:
  3. We determine that you are not at fault and;
  4. the other party was insured and their insurance company accepts liability and agrees to pay for Our loss.
2. Damage Liability Reduction options
  Note: All Damage Liability Reduction Packages are subject to the Damage Cover Exclusions in clause 12 and to these Terms and Conditions.
  1. Our Basic Liability Reduction Package is included in Your Rental Agreement and provides:
    1. a Damage Excess of $4,500; and
    2. basic liability protection for Vehicle Damage, theft and Third Party Loss that exceeds the Damage Excess as well as roadside assistance for breakdowns (subject to a call out fee).
  2. We may choose to offer and upon doing so at an additional cost You may purchase a Medium or Maximum Liability Reduction Package:
    1. the Medium Package reduces the Damage Excess to $750;
    2. the Maximum Package reduces the Damage Excess to $200;
3. When the Damage Excess is payable
  The Damage Excess payable under clause 11.1(a) and the cost of any items not covered by the Liability Reduction Package You have selected, will be charged to Your credit card as follows:
  1. upon notification of Single Vehicle Accidents (refer to section 12);
  2. if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered;
  3. for Third Party Loss, upon notification of Accidents in which there is also Third Party Loss involved.
4. Claims handling fee
  A claims handling fee of no less than $200 applies for Single Vehicle Accidents claims or theft and no less than $350 applies for accidents involving other Vehicles or Third Party Loss. These fees apply to all Accident and theft claims and must be paid in addition to the Damage Excess to cover the associated costs of handling Your claim, including arranging for repairs and towing and managing claims for Third Party Loss. It is payable at the time You lodge Your Accident or theft claim with Us and is not refundable.
Damage Cover Exclusions
1. There is no Damage Cover, and You and any Authorised Driver are liable for Damage or Third Party Loss arising from:
  1. a Breach of the Rental Contract;
  2. the use of the Vehicle by any driver who is not an Authorised Driver;
  3. Overhead Damage
  4. Underbody Damage
  5. Damage to the interior of vehicle(s)
  6. Damage to keys
  7. Damage to tyres
  8. Damage to windscreen(s)
  9. Towing fees
  10. immersion of the Vehicle in water
  11. hail or storm damage
  12. impact with animal(s)
  13. Loss of Use
  14. claims handling fees as described in clause 11.4
2. There is no Damage Cover for personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
  1. You;
  2. Any Authorised Driver
  3. Any friend, relative or acquaintance of You or any Authorised Driver
Consequences of a Breach of the Rental Contract
1. No Damage Cover
  If You or any Authorised Driver:
  1. commit a Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
  2. drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, including a speeding fine, has occurred,
  3. Prevents us from making any Accident claim during your rental,
2. You and any Authorised Driver:
  1. have no Damage Cover;
    1. are liable for all Damage, theft of the Vehicle and Third Party Loss; and
    2. are liable for and must pay any additional costs or expenses We incur as direct consequence thereof.
3. Termination and repossession
  Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of clause 13.1 has occurred.
Privacy Policy
1. This document forms part of the Rental Contract and is available here: http://bigboycarrentals.com.au/about-us/privacy-statement
Other general provisions
1. The Rental 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.
2. The Australian Consumer Law provides You with rights that are not excluded, restricted or modified by the Rental Contract.
3. We may fit a vehicle tracking device to the Vehicle to enable Us to track the Vehicle while it is out of Our possession. When you accept these Terms and Conditions You authorise Us to use the a vehicle tracking device until it is returned to Us.
Definitions

In these Terms and Conditions;
Accident means an unintended and unforeseen incident, including:

a collision between the Vehicle and another vehicle or object;
a Single Vehicle Accident; or
a weather event, including hail or storm Damage, that results in Damage or Third Party Loss.

Admin Fee means a fee of up to $65 including GST for applicable costs to the task associated with Your rental.

Authorised Driver means any driver of the Vehicle who is approved by Us and recorded on the Rental Agreement prior to the Start of Rental.

Breach means a breach of any of:

clauses 2, 3, 4 or 5 that causes Damage, theft of the Vehicle or Third Party Loss or;
clause 12 that prevents Us from prosecuting or defending any Accident or theft claim.

Call Out Fee means a fee of not less than $150 including GST for arranging a roadside assistance provider to attend Your vehicle.

Damage means any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear or renders the Vehicle unroadworthy.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Vehicle has been stolen.

End of Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.

Local Renter means You when your home address as presented on your license or otherwise reasonably determined by Us, is within a 100km radius of our hire location.

Loss of Use means Our loss calculated as the advertised daily hire rate because the Vehicle is being repaired or replaced or written off as a result of an Accident or it has been stolen.

Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, water channels and crossings, sand, rocks, fields and paddocks.

Overhead Damage means:

damage at or above the level of the top of the front windscreen of the Vehicle; or
Third Party Loss, caused by contact between the part of the Vehicle that is at or above the level of the top of the front windscreen and any person, or objects overhanging or obstructing its path;

Rental Charges means the charges payable for renting the Vehicle from Us together with associated GST, taxes, levies and service fees or charges set out in the Rental Agreement.

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

Single Vehicle Accident means:

a collision between the Vehicle and another stationary object, flora, fauna or any combination of these
rollovers; and
Damage caused by use of the Vehicle in a location described in clause 4.

Start of Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is collected from Us, whichever is earlier.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

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.

Unsealed Road means a properly formed and constructed road not sealed with a hard material such as tar, bitumen or asphalt.

Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories.

We, Us, Our, means Andrew’s Car Rentals Pty Ltd ABN 49 168 233 314.

You, Your means the person or entity that hires the Vehicle from Us and whose name is shown in the Rental Agreement.

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

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

Terms & Conditions

Mission

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