Terms and Conditions
Rental Agreement and Terms & Conditions (Part B)
This is a Rental Agreement (‘RA’) between GOOD2DRIVE PTY LTD (‘the Company’, ‘we’ or ‘us’) and the Client/Hirer named in Part A (‘you’). We agree to provide to you and the Additional Driver named in Part A, the Vehicle described in Part A and you agree to rent the vehicle subject to the terms of this RA and subject to the Mandate and Authority to Act. You agree that you are liable to pay all amounts payable under this RA by the method of payment elected on this document, including all applicable extensions of hire. The terms of the RA are attached. The RA is conditional upon you signing a Mandate and Authority to Act, which will be provided to you at the time of signing the RA. The Mandate and Authority to Act forms part of this RA. All your rights set out in this Rental Agreement are in addition to your rights as a consumer (‘Your Consumer Rights’) under applicable consumer protection legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted or modified by this RA. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State I Territory fair trading authorities.
The ‘Date & Time In’ (‘Return Date’) in Part A is ‘notional’ because We and You do not know at the date of this rental agreement how long you will be deprived of the use of your vehicle.
The vehicle must be returned to Good2drive as soon as practically possible if any of the following events occur:
- You are no longer deprived of the use of your vehicle which was damaged as a result of an accident which has been caused by the negligence of a third party.
- If your vehicle is a ‘total loss’ or ‘write-off’, when you receive the funds from the insurer into your bank account or receive payment in any other manner, including the time a cheque is received.
- You no longer wish to rent a vehicle from Good2drive.
- Good2drive requests the return of the vehicle.
If arrangements to return the vehicle have not been made, for reasons within your control, withing 24 hours of any of the above events occurring, Good2drive reserves the right to charge you the daily rental, fees & charges for any additional days the vehicle is in your possession.
Terms & Conditions
Additional Rates and Fees (charged to the nominated credit card):
- 1.1 An infringement notice fee of $55.00 inc. GST will be charged to the nominated credit card for each infringement notice processed.
- 1.2 Excess fee of $330.00 in the event of an accident or damage to the vehicle.
- 1.3 This is a Non-Smoking Vehicle. If you have smoked in the vehicle, a Smoking Fee of $132.00 inc. GST will be charged.
- 1.4 We ask that you respect our Vehicle. If it is returned excessively dirty, a cleaning fee of $132.00 inc. GST will be charged.
- 1.5 Unpaid tolls will be charged to the nominated credit card with the addition of a daily administration fee of $3.30.
- 1.6 Fuel – $20 per unit (1/8 of a tank) for every unit less than the units of fuel the vehicle was delivered.
Vehicle Condition Return and Hire Period
- 2.1 You acknowledge receiving the Vehicle from the Company in a good and clean condition (except otherwise specified in the Vehicle Inspection Report) including all accessories, tools, spare tyre, equipment from the Company. You agree to maintain tyre pressure, fluid and fuel at the appropriate levels and to immediately report any defect to us.
- 2.2 You must return the Vehicle to the Company:.
- 2.3 In the same condition as it was at the commencement of the Rental Period.
- 2.4 To the location and on the date specified on part A (or sooner if the Company demands).
- 2.5 With the odometer seal intact.
- 2.6 The Company reserves the right to take possession of the vehicle without notice at your expense should any of the following occur:
- 2.6.1 The vehicle is illegally parked.
- 2.6.2 The vehicle is used in violation of the law and/or of this agreement; iii. The vehicle is apparently abandoned.
The removal of personal property from the Vehicle is your responsibility. We are not responsible for any such lost property. If we discover any property left in the Vehicle, we may dispose of it.
The Company will grant a damage cover for your benefit in respect of damages to the vehicle and an amount which you are legally held liable to pay as a result of an accident caused by Your use of the Vehicle. The damage cover is limited to a maximum amount of $50,000.00 (including legal and other related costs incurred with the Company’s consent). This damage cover is subject to conditions and exclusions below.
You must always use the correct type of fuel for the Vehicle. The Vehicle must be returned with amount of fuel equal to that at the time of commencement of the rental. If the Vehicle is returned with less fuel, the difference shall be charged at a rate, which may include a service component unless prior arrangement has been made and noted on Part A of the contract. Should there be a discrepancy in fuel level recorded on part A to that recorded on Vehicle Inspection report, the one specified on the Vehicle Inspection Report shall be deemed to be the correct one.
Unauthorised and Prohibited Use/Area of Limitations
- 6.1 You must not, and must ensure that no other person is allowed to use the Vehicle, who:
- 6.1.1 is not identified as an Additional Driver in this RA or has not otherwise been identified to and approved by us in writing;
- 6.1.2 is not licensed to use that class of vehicle of which the Vehicle qualifies.
- 6.1.3 has a blood alcohol concentration exceeding that allowable by law in the State or Territory of this RA and current as at the date of this RA; or
- 6.1.4 has given or for whom you have given a false name, age, address or drivers licence details to us.
- 6.1.5 You and any Additional Driver authorised by us who drives the Vehicle must not, unless authorised in writing by us, drive or take the Vehicle:
- 126.96.36.199 Outside Western Australia
- 188.8.131.52 More than 500kms radius from the Pickup Location
- 6.1.6 Carry persons for hire or to carry any inflammable, explosive or corrosive materials;
- 6.1.7 to propel or tow any Vehicle, trailer, boat or other object unless we have authorised such use in writing;
- 6.1.8 to carry any greater load and/or more persons than is lawful or use the Vehicle in a manner or for a purpose other than for which it was designed and constructed;
- 6.1.9 to carry any animal or pet in the Vehicle unless authorised by us in writing;
- 6.1.10 for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
- 6.1.11 in a dangerous manner; and
- 6.1.12 in contravention of any legislation or regulation, within the State or Territory of this RA, controlling vehicular traffic, or otherwise for any illegal purpose Should you or any Additional Driver fail to comply with any term of this RA, all losses/damages suffered or incurred by us arising out of such failure will be at your expense. You accept responsibility for all tolls, traffic violations and the costs of any tolls or traffic violations and third party property damage.
- 7.1 Joint hirers and ALL drivers are jointly and severally responsible under this agreement. When you pay by credit card or direct the Company to bill charges to another person, corporation, firm or organisation who or which fails to make payment when it is due, you shall immediately pay on demand the full amount due to the Company. By entering into this agreement, you authorise the Company to debit your credit card (and you shall pay on demand any balance owing) with the following charges:
- 7.1.1 All rental charges as specified on part A of the contract plus any subsequent rental extension/s of the original contracted rental period and other charges incurred on your Rental Agreement.
- 7.1.2 Damage Liability Fee and/or Single Vehicle Accident Liability Fee as specified on Part A.
- 7.1.3 All charges claimed to the Company due to parking, toll, littering or any other infringements incurred during the period of hire or until such later time when the vehicle is returned to the Company and a processing fee of $55.00 (GST inclusive) for each infringement processed.
- 7.1.4 Cleaning Fee of $165.00 (GST inclusive) if you smoke and/or let any other person smoke in the vehicle during your rental and/or the vehicle is returned with an unreasonable amount of dirt and mess.
- 7.1.5 All loss of or damage to the vehicle (including loss of use), third party damages, legal expenses, debt collection fees, assessment fees, towing and recovery, storage and company service charges where any condition of this agreement has been breached.
- 8.1 The Company reserves the right to refuse a replacement vehicle and/or hire of another vehicle to you following any accident or incident.
- 8.2 You shall release and indemnify the Company and its agents and employees from all claims for loss or damage to your personal property or any other person’s property left in the vehicle at any time before, during or after the rental period regardless of the cause.
- 8.3 No driver or passenger in the vehicle shall be deemed to be the agent, servant or employee of the Company in any manner for any purposes whatsoever.
- 8.4 The Company gives no express or implied warranty as to any matter whatsoever including but not limited to the condition of the vehicle and equipment, its merchantability or fitness for any particular purpose.
- 8.5 To the extent permitted by law the Company limits its liability for breach of an implied condition or warranty to the replacement, repair or re-supply of the Vehicle or reimbursement of rental charges.
- 8.6 You shall release and indemnify The Company from all indirect, special, incidental or consequential damage suffered by any person including you due to any breach of this Rental Agreement by the Company and its agents and employees.
Privacy and Personal Property Security Act
- 9.1 You acknowledge and consent that personal information about you and the Additional Driver(s) including information in this RA and coming to our knowledge during the terms of this RA, which is permitted to be kept on a credit information file, might be disclosed to a credit reporting agency solely for the purpose of us obtaining information about you from credit providers identified in the credit reporting agency’s reports.
- 9.2 You acknowledge and consent:
- 9.2.1 that we may use information of the kind referred to in that section for the purpose of assessing your and the Additional Driver(s) credit worthiness;
- 9.2.2 that a credit reporting agency may disclose personal information about you and the Additional Driver(s) for the purpose of the collection of payment that is overdue to us;
- 9.2.3 that we may give and seek from other credit providers, any information derived from a report or the entire report to assess your and the Additional Driver(s) credit worthiness and continued credit worthiness, and to notify, exchange and/or obtain from a credit reporting agency and use your and the Additional Driver(s) credit report (or any derived information) for assessing any application for credit made by you or the Additional Driver(s) from time to time.
- 9.3 Words in this clause have the meaning given to them in the Personal Property Securities Act 2009 (Cth) (the ‘PPSA’). You acknowledge and agree as follows:
- 9.3.1 In some circumstances the arrangements created on the terms of this RA may be a PPS lease of the Vehicle, and this RA is then a security agreement for the purposes of the PPSA;
- 9.3.2 In the case, you, as hirer, will be taken to grant us a security interest in the Vehicle (in which case the Vehicle is the collateral the subject of the security interest);
- 9.3.3 We may perfect our security interest by registering a financing statement on the Personal Property Securities Register established under the PPSA;
- 9.3.4 You must do everything that we reasonably require you to do to enable us to register the financing statement, to ensure that we have first ranking priority for our security interest, and to ensure that the registration and priority are maintained;
- 9.3.5 For valuable consideration and to secure performance of your obligations, you irrevocably appoint us as your attorney on your behalf to do anything that you are obliged to do under this clause 8.3