Terms & Conditions
1. VEHICLE CONDITION AND RETURN
Renter acknowledges that the vehicle is the property of Access Rent-A-Car and was received by the renter clean and in good operating condition. You agree to return the vehicle in the same condition, together with the tools, tires, accessories, and equipment to the location specified on page 1 and on the date there specified (or sooner if demanded by the Company). The Company may take possession of the vehicle without demand and at your expense, if it is illegally parked, used in violation of the law or this agreement, or if it is apparently abandoned.
Note: The Company must be notified and agree to an extension of the period or hire beyond that stated on page 1 of 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 Page 1. Unauthorized drivers result in a charge of $0.50 per km driven on this rental contract.
- (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 and address or drivers license details.
- (e) A person whose driver’s license has been cancelled, endorsed or suspended within the last 3 years.
- (f) A person who has held a driver’s license for less than two years.
Circumstances in which and/or for which the vehicle must not be used:
- (g) Outside the area of use limitations shown on Page 1.
- (h) On unsealed roads or off-road conditions unless authorized by us in writing.
- (i) To carry persons for hire or to carry inflammable, explosive or corrosive materials.
- (j) To propel or tow any vehicle, trailer, boat or other object unless the company has authorized such use in writing.
- (k) To carry any greater load and/or more persons than is lawful.
- (l) For racing, pacemaking, reliability trails, speed trails, hill climbing or being tested in preparation for those purposes.
- (m) In a dangerous manner.
- (n) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.
3. FUEL
4. 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 THE AGREEMENT ON PAGE 1 YOU ARE AUTHORISING THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:
(a) All rental charges specified on Page 1.
(b) You are responsible for all traffic and parking infringements during the period of the rental. If Access Rent-A-Car is notified of an infringement during or after the end of the rental, it will provide to the notifying authority details necessary for the authority to hold you liable for the infringement. Access Rent-A-Car will, without notice, charge your credit card together with an administrative fee of $25 for each unpaid violation.
(c) All charges for repair to the motor vehicle (including loss of use), legal expenses, assessment fees, towing and recovery, storage and company service charges where:
- (i) any condition of this agreement, and in particular Condition 2, or any special condition on Page 1 has been breached;
- (ii) the vehicle is involved in a single vehicle accident unless the company waives such loss to an amount shown on Page 1;
- (iii) the underbody of the vehicle is damaged regardless of cause;
- (iv) the vehicle is totally or partially immersed in water regardless of cause;
- (v) the interior of the vehicle is damaged regardless of cause when no other vehicle is involved;
- (vi) the tires of the vehicle are damaged other than by normal wear;
- (vii) the vehicle is damaged by driving it under or into an object lower than the height of the vehicle;
- (viii) you have failed to maintain all fluid levels and fuel levels or failed to immediately rectify or report to us any defect of which you become aware;
- (ix) the vehicle is damaged by loading or unloading.
SPECIAL NOTE: An Administration fee of $150.00 will be applied to all damage claims, regardless of the deductible amount.
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 organization who fails to make payment when due, you will immediately pay the amount due to the company on demand.
5. LOSS/DAMAGE WAIVER
This is not an insurance policy.
Under the terms of the rental agreement, in the event of loss or damage to the vehicle, you are responsible for up to the full value of such loss or damage, plus costs.
When you accept the optional LDW from Access Rent-A-Car, your financial responsibility will be reduced to the amount which appears on Page 1 of the rental agreement, subject to the administrative claim fee stated in Item 4, which applies to all damage claims.
However, YOU MUST NOT BREACH ANY PROVISION OF THE RENTAL AGREEMENT.
The daily charge for LDW is stated on Page 1. LDW does not cover damage caused to tires, rims, wheels, windshield if that is the only damage, nor does it cover interior or undercarriage damage, or damage caused by vehicle abuse. Violations of these conditions render your LDW null and void.
Renter must ensure the vehicle is not left unattended unless the windows are closed, doors and trunk locked, and keys removed. If the vehicle is missing or stolen and the renter does not return the keys, the renter becomes fully responsible for all loss or damage.
If the renter acts within the terms of this agreement, the company will grant a loss/damage waiver (including legal costs incurred with company consent) for damage to the vehicle or third-party property, excluding your personal property.
This coverage is subject to:
(a) Your payment of the minimum damage or loss-of-use charge stated on Page 1.
(b) Not acting or causing another to act in violation of this agreement, including special conditions on Page 1.
(c) Not being covered under any policy or insurance.
(d) Providing all requested information and authorizations for necessary legal proceedings, with the company retaining sole conduct of such proceedings.
6. CLEANING CHARGES
- Cleaning charges of a minimum of $250 will be levied if the vehicle is returned excessively soiled or dirty.
- If a vehicle is returned in violation of our smoke or pets-free policy, a cleaning fee of at least $250 will apply. All vehicles are NON-SMOKING AND PETS-FREE.
ONLY TRANSFER OF POSSESSION OF THE VEHICLE, DOCUMENTS AND KEYS TO THE AGENT DURING THE COMPANY’S OPENING HOURS SHALL PUT AN END TO THE RENTER CONTRACT. YOU ARE LIABLE UNTIL THE END OF THE HIRE CONTRACT.
7. GENERAL PROVISIONS
(a) You will promptly report any accident or loss involving the vehicle while rented under this agreement to the Company and deliver immediately any summons, complaint, or paper relating to such loss.
(b) You release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to personal property, whether due to negligence or otherwise.
(c) Except as provided by law, no driver or passenger shall be deemed the agent, servant, or employee of the Company.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER, INCLUDING VEHICLE CONDITION, MERCHANTABILITY, 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 include all genders; singular words include the plural, and vice versa.
(g) Allowed kilometers and any excess thereafter will be charged at $0.25 per km.
