Rental Agreement Terms and Conditions

(Effective 20 June 2003) Last updated 05 September 2008

This is an agreement between the prospective hirer identified on the booking form (you) and PHD Rentals (the Company) to rent the motor vehicle described on the booking form including all accessories, tools and equipment and any replacement vehicle (the vehicle).

1. VEHICLE CONDITION AND RETURN

The vehicle is delivered to you in good operating condition and with the seal on the odometer unbroken. You agree to return the vehicle in the same condition (except for fair wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on the booking form and on the date specified (or sooner if demanded by the Company). The Company may take possession of the vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. If the seal of the odometer is broken, the persons responsible will be reported to the apropriate authority and you are responsible for extra charges baseed on 500 kilometres per day at 50c per kilometre.
Note: the company must be notified and agree to any extension of the period of hire beyond that stated on the booking form for this agreement in advance of the return date and time, or the vehicle will be immediately reported as stolen.

2. UNAUTHORISED AND PROHIBITED USE

Persons who must not drive the vehicle
(a) A person who is not identified on the booking form or has not been indentified in writing to the Company or approved by the Company in writing.
(b) A person who is not licensed for that class of vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage.
(d) A person who has given or for whom you have given a false name, age, address, or drivers license details.
(e) A person whose drivers license has been cancelled, endorsed or suspended within the last three years.
(f) A person who has held a drivers license for less than 2 years

Circumstances in which the vehicle must not be used.
(g) Outside the area of use limitations shown on the booking form
(h) On unsealed roads or off road conditions unless autoriseed by us in writing or on the face of the Rental Agreement
(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
(j) To propel or tow any vehicle, trailer, boat or other object unless the company has authorised such use in writing.
(k) To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than for which it was designed and constructed.
(l) To carry any animal or pet in the vehicle unless authorised in wirintg or on the face of this agreement.
(m) For racing, ,pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
(n) In a dangerous manner.
(o) In contravention of any legislation or regulation controlling vehiclular traffic or for any illegal purpose.

3. FINANCIAL OBLIGATIONS

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

YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THIS AGREEMENT YOU AUTHORISE THE COMPANY TO DEBIT THE CREDIT CARD PROVIDED OR ANY OTHER CREDIT CARD PROVIDED (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:

(a) All rental charges specified on page one of the agreement
(b) All charges claimed from the company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company. Processing of said parking or traffic offences will incur a $55 fee.
(c) All loss or damage to the motor vehicle (including loos of use) legal expenses, towing and recovery, consequential third party damage, storage and company service charges where: (i) any conditionof this agreement, and in particular Condition 2, or any special condition on page one has been breached; (ii) the vehicle is involved in a single vehicle accident (or not under the control of an authorised hirer at the time of loss) unless the Company waives such loss to a single vehicle incident liability amount shown on Page One (which amount will apply in addition to the standard liability charge noted on Page One). A single vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle which can be fully identified and all details provided.(iii) you have left the vehicle unlocked or left the keys in the vehicle; (iv) you have not kept the key secure and under your personal control; (v) the underbody of the vehicle is damaged regardless of cause when no vehicle is involved; (vi) the vehicle is totally or partially immersed in water regardless of cause; (vii) the interior of the vehicle is damaged regardless of cause; (viii) the tyres of the vehicle are damaged other than by normal wear; (ix) the vehicle or any third party prpoerty is damaged by driving the vehicle under or into an object lower than the height of the vehicle; (x) you have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware; (xi) the vehicle is damaged by loading or unloading, other than normal wear; (xii) your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment.
Special note: If you have paid by use of a credit card or directed the company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the company on demand.

4. DAMAGE COVER

If you act within the terms and conditions of this agreement the company will grant damage cover (including legal costs incurred with our consent) for your benefit in respect of damages to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control. This cover is subject to:
(a) Your payment of the damage / loss liability charge stated on Page One.
(b) Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special Conditions of Page One
(c) Your not being covered under any policy of insurance
(d) Your providing such information and assistance as may be requested and, if necessary, authorising the company insurer to bring, defend or settle legal proceedings but the company shall have sole conduct of the proceedings.

5. GENERAL PROVISIONS

(a) You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while rented under this agreement to the company location where the vehicle was hired and will deliver to the company immediately, every summons complaint or paper in relation to such loss. Compliance with this sub paragraph does not excuse the hirer from reporting all incidents to police or other proper authorities.
(b) You release and hold harmless the Company and (its agents and employees) from all claims for loss or damages to your personal property, or that of any other persons property left in the vehicle, or which is received, handled or stored by the Company at any time before, during or after this rental period, whether due to the Company's negligence or otherwise.
(c) Except as provided by law no other driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any such manner for any purpose whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,
(e) No right of the Company under this agreement may be waived except in writing by an officer of the company.
(f) Words used in this agreement to denote any gender shal include all genders, singular words include the plural, and noted on Page One.

6. FUEL

The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on Page One.

7. PERSONAL ACCIDENT INSURANCE (where applicable)

Where you accept Personal Accident by accepting the appropriate premium on Page One with charges to apply as per the rate shown on Page One, acceptance of those charges is deemed to be proof of coverage and confirmation of your agreement to accept the terms, conditions and benefits of the Personal Accident insurance. A copy of this policy is available for your inspeciton.

8. PRIVACY

In accordance with Section 18E (8)c of the Privacy Act 1988 ("the Act"), the Renter acknowledges that items of personal information about the Renter including information in this agreement and coming to the Company's knowledge during the term of this agreement, which is permitted to be kept on credit information file, might be disclosed to a credit reporting agency. The Renter irrevocably and specifically agrees:
(a) for the purpose of Section 18L (4)of the Act, that the Company may use information of the kind referred to in that section for the purpose of assessing the Renter's credit worthiness.
(b) for the purpose of Sections 18K (l)(b) and 18K (l)(h) od the Act, that a credit reporting agency may disclose personal information about the Renter for the purpose of the collection of payment that is overdue to the Company.
(c) For the purpose of Section 18N (l)(b) of the Act that the Company may give to and seek from other credit providers, any information derived from a report or the entire report for any of the following purposes:- (i) to assess the renter's credit worthiness and continued credit worthiness; and (ii) to notify, exchange and/or obtain from a credit reporting agency and use the renter's credit report (or any derived information) for assessing any application for credit by the renter from time to time.

9. INSURANCE EXCESS.

Base Insurance Excess is $2500, Prestige Vehicle Excess is $5000,(or the lesser amount printed above). For renters between 21-25 years an additional $500 applies. This amount may vary in accordence with the options offered at the time of hire. Base Insurance Excess reduction to $1100 = $20 per day. Prestige Vehicle Excess reduction from $5000 to $3500 = $20 per day, $5000 to $2200 is $40 per day from $5000 to $1000 is $60 per day. An Excess of $2500 applies in the event of a single vehicle accident, regardless of waiver, (as defined in Clause 3(c)ii overleaf), or on unsealed roads. Excess is payable in full immediately irrespective of cause. Overhead damage is not covered.

10. SUBJECT TO CONDITIONS ON REVERSE.

Accident or damage must be reported within four(4)hours. Should the hirer(s) fail to comply with any conditions (front or rear) of this contract, all losses / damages arising out of such an event shall be at hirer(s) expense. The hirer agrees and authorises by signing above and below, that all amounts payable under this agreement be charged to the credit card, of which details have been supplied by the hirer.

11. SMOKING IS PROHIBITED.

Vehicles are provided in a clean and tidy condition and should be returned in a similar state otherwise a cleaning fee of $55.00 will apply. Maintaining water and oil levels is the hirer(s) responsibility.

12. LATE RETURNS.

Are charged at the rate of half or full day rates. No refunds for early return of vehicle.

13. TRAFFIC INFRINGEMENT NOTICES.

ALL infrigements will incur a $65 Administration Fee.

14. ROADSIDE ASSISTANCE.

Call out fee of $96.80 applies for: Lock out, Out of Fuel, Tyre Change or for any event not caused by the Vehicle or PHD Rentals.

15. FUEL.

Please ensure vehicle is returned full. If not vehicles will be refuelled on return . If vehicle is returned to an Airport or location other than our depot, it will be refuelled on return to the our depot. Fuel top up is charged at the bowser fuel cost + a fee of $15.00.

16. SCRATCHES

We reserve the right to charge a fee of $200 for scratches.

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