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0404285405
TERMS AND CONDITIONS
This is an Agreement between the Hirer (You) and the Company (the Company), identified on Hire agreement, to rent the motor vehicle (the Vehicle) described on Hire agreement including all its accessories, tools, Tyres, and equipment as well as any replacement vehicle.
In addition to the following Rental Terms, please familiarize yourself with the appropriate Area of Use. Click Normanton Vehicle Hire Area of Use - Google My Maps.
All Local Hires are permitted 5kms South of Normanton and may travel to Karumba during daylight hours only unless prior written consent.
ATTENTION
All vehicles are speed and GPS monitored due to increased insurance costs. Our insurance company can void your insurance if you exceed the posted speed limit. Note – the maximum posted speed limit in QLD is 110km/h. Any driver that exceeds 129km/h will be instantly blacklisted. The Hire agreement void, the vehicle returned immediately to the hire company and a $1000.00 speed excess fee applied to the hire. See Sect. 3.10
Night Driving is permitted only when Optional Night Driving Insurance is taken out and paid for before commencement of hire contract. Under NO circumstances is Night driving permitted with or without insurance on any unsealed road surfaces. (Bitumen Sealed Roads Only) Night Driving Insurance does not cover locations of Burketown, Kowanyama, Doomadgee or any road part thereof.
1. Vehicle Condition and Return
You acknowledge the Vehicle is delivered to You in good operating condition. You agree to return the Vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING windscreen or Tyre damage) together with its tools, Tyres, accessories and equipment on the date and place specified on Hire agreement (or sooner if demanded by the Company). The Company may take possession of the Vehicle without prior demand to You and at your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned.
NOTE: If there is to be any extension of the period of hire beyond that stated in the Hire agreement, the Company must be notified and it must agree to such extension in writing, otherwise the Vehicle will be immediately reported to the police as stolen.
2. Persons who must not drive the Vehicle
2.1 A person who is not identified on Hire agreement as either the Hirer, Joint Hirer or Authorized Driver.
2.2 A person who is not licensed to drive the hired class of Vehicle.
2.3 A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle.
2.4 A person who is driving the Vehicle whilst under the influence of a drug.
2.4 A person has given or for whom You have given a false name, age, address, or driver's license detail.
2.5 A person whose driver's license is cancelled, endorsed, or suspended within the last three years.
2.6 A person who has held a driver's license for any class of Vehicle for less than two years.
2.7 A person who uses or intends to use the Vehicle for an illegal purpose.
3. Circumstances where the Vehicle must not be used.
3.1 Any area outside the Area of Use shown on attached Maps subject to hire classification. (Local Hire Only)
3.2 Non-Gazette unsealed roads or off-road conditions unless authorized by the Company in the Area of Use on Hire agreement.
3.3 The carriage of any persons for the hire or the carriage of any inflammable, explosive, or corrosive materials
3.4 Pushing or towing any Vehicle, trailer, boat, or other object unless the Company has authorized such use in writing.
3.5 The carriage of any greater loads and/or persons and/or for the purpose for which the Vehicle was designed and constructed.
3.6 The carriage of any animal in the Vehicle unless authorized in writing or noted on Hire agreement in SPECIAL CONDITIONS
3.7 The use of the Vehicle for racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those activities.
3.8 The use of the vehicle in a careless, reckless, or dangerous manner
3.9 Vehicles are not to be driven through any water whether standing or flowing.
3.10 The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic including speed. All vehicles are speed and GPS monitored due to increased insurance costs. Our insurance company can void your insurance if you exceed the posted speed limit. Note – the maximum posted speed limit in QLD is 110km/h. Any driver that exceeds 129km/h will be instantly blacklisted. The Hire agreement void, the vehicle to be returned immediately to the hire company and a $1000.00 speed excess fee applied to the hire.
4. Obligations of the Hirer/Joint Hirer/Authorized Driver
NOTE: The Hirer/Joint Hirer and Authorized Driver are jointly and severally liable for compliance with the terms and conditions of this Agreement.
By entering into this Agreement, you are responsible for and irrevocably authorize the Company to debit the credit card on Hire agreement or any other credit card provided (and You will pay the Company on demand any balance) with the following charges:
4.1 The rental charges as specified on Hire agreement.
4.2 The cancellation charges as specified in Section 8.0
4.3 All the charges claimed by the Company in respect of parking and/or any traffic violations incurred during the period of hire or until such later time as the Vehicle is returned to the Company.
4.4 All loss or damages to the Vehicle (including the loss or use of that Vehicle), legal expenses, assessment fees, towing and recovery, consequential third-party damage, storage, and company service charges where:
4.5 Any term or condition of this Agreement has been breached:
4.6 The Vehicle is involved in a single Vehicle incident unless the Company waives such loss to the Single Vehicle Incident Liability amount shown on Hire agreement (which amount will apply in addition to the Standard Liability noted on Hire agreement A Single Vehicle Incident is defined as any incident resulting in the loss of or damage to the vehicle not caused as a result of impact with another vehicle which can be fully identified and the details of which have been provided by you or on your behalf to the Company:
4.7 You have left the Vehicle unlocked or left the keys in the Vehicle:
4.8 You have failed to keep the key secure and under your personal control:
4.9 The underbody of the Vehicle is damaged regardless of cause except where there is a collision with another Vehicle:
4.10 The Vehicle is totally or partially immersed in water regardless of the cause:
4.11 The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another Vehicle:
4.12 The Tyres of the Vehicle are damaged other than by normal wear and tear:
4.13 The Vehicle or any third-party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle:
4.14 You have failed to maintain all the fluid and fuel levels of the Vehicle or failed to immediately rectify or report to the Company any defect in the Vehicle of which you have become or ought to have become aware:
4.15 The Vehicle is damaged by loading or unloading, normal wear and tear excepted:
4.16 You have failed to secure properly any load or equipment which leads to loss or damage caused by any part of the load or equipment:
4.17 You use the Vehicle as an articulated Vehicle unless agreed to by the Company in Special Conditions on Hire agreement:
4.18 The exterior of the motor Vehicle is damaged regardless of the cause except where there has been a collision with another Vehicle.
If you have paid for the Vehicle 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 called upon by the Company, you hereby irrevocably accept that You are liable and will immediately pay the full amount due to the Company on demand. The Company, in addition, may charge You interest at the rate of 9% per annum calculated daily on all outstanding accounts or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period.
5. Insurance Damage Cover
Insurance Damage Cover
Aged Under 25 MAXIMUM EXCESS $4700.00
Aged 25 and over MAXIMUM EXCESS $3700.00
Optional Night Driving $50.00 per day. $100.00 maximum
Optional Windscreen/Glass Insurance
Reduced Excess $300.00. $30.00 Per Day - $90.00 Maximum
Provided You and/or the Authorized Driver act within the terms and conditions of this Agreement, the Company will grant damage cover (which includes your legal costs incurred with our written consent) to You and/or the Authorized Driver in respect of damage to the Vehicle and/or damage to any third-party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control. This cover is also subject to:
5.1 You pay the COLLISION DAMAGE/LOSS LIABILITY CHARGE on Hire agreement (WITHIN 7 DAYS OF INCIDENT)
5.2 You and/or the Authorized Driver not having breached any terms and conditions of this Agreement.
5.3 You and/or the Authorized Driver are not covered under any policy of insurance and You providing such information and assistance as may be requested by the Company or anyone acting on behalf of the Company. If cover is provided then the Company, or its insurer, may bring, defend, or settle any legal proceedings in its/their sole discretion and the Company shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorized Driver.
5.4 Under NO circumstances is Night driving permitted with or without insurance on any unsealed road surfaces. (Bitumen Sealed Roads Only)
5.5 Night Driving Insurance does not cover locations of Burketown, Kowanyama, Doomadgee or any road part thereof.
6. General Provisions
6.1 Strictly no smoking in or around open vehicle
6.2 Strictly no animals to be transported in vehicle without prior arrangement and agreement of suitable transportation container.
6.3 If there is any incident involving loss or damage to the Vehicle or involving the Vehicle while rented under this Agreement, You and/or the Authorized Driver shall promptly report such incident to the Company at the location where the Vehicle was hired as well as delivering to the Company immediately upon receipt by You and/or the Authorized Driver, every summons compliant or paper in relation to such incident involving such loss or damage. You and/or the Authorized Driver must also report all incidents to the police or other proper authority (WITHIN 24 HOURS OF INCIDENT)
6.4 You and/or the Authorized Driver irrevocably release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to your personal property, or that of any other person's property left in the Vehicle, or which is received, handled, or stored by the company at any time before, during or after the rental period, whether due to the Company's negligence or otherwise.
6.5 You and/or the Authorized Driver acknowledge that the Company relies on the truth of your/the authorized Driver's representations in this Agreement.
6.6 You and/or the Authorized Driver will not refuse or fail to take any blood analysis or breath test requested by the police.
6.7 Except as provided by law, no driver or passengers in the Vehicle shall be or deemed to be the agent, servant, or employee of the Company in any manner for any purpose whatsoever.
6.8 The Company gives no express warranty in relation to the motor Vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted, or modified, such as those under the Trade Practices Act 1974. Where the Company is permitted to limit its liability under those statutes for breach of an implied condition or warranty the Company limits its liability to replacement, repair, or re-supply of the Vehicle. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. The Company is not liable to You and/or the Authorized Driver for any indirect, special, incidental, or consequential damages relating to this Agreement.
6.9 No right of the Company under this Agreement can be waived except by writing of an authorized officer of the Company.
6.10 Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, and noted on Hire agreement.
6.11 Notwithstanding any other provision in this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, surcharge, levy of fee ("charges") imposed by Local, State or Federal Government that is charged and collected by the Company is imposed anywhere in Australia and has application to any supply or use made under or in connection with this Agreement or in relation to the use or the likely use of any roads, facilities or other infrastructure by You and/or the Authorized Driver or in relation to the provision of rental or other services to You or the Authorized Driver. The Company may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from You and/or the Authorized driver an additional amount on account of the charge. Any additional amount on account of the charge shall be calculated or set of any amount and is payable to the Company upon demand.
6.12 You and/or the Authorized Driver acknowledges that your interest in the Vehicle is as a bailee of the Company only and that You agree not to part with possession, dispose of, encumber, or assign any right or interest in the Vehicle and not create any lieu on the Vehicle for repairs
6.13 You and/or the Authorized Driver agree to indemnify the Company from and against any or all claims, demands, actions, liabilities, losses, costs, and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Company as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement
6.14 You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance.
6.15 You and/or the Authorized Driver must not at any time admit liability for any claims, loss or demand and agree that if such admission is made by You and/or the Authorized driver then that is a breach of this Agreement.
7. Fuel
The Vehicle must be returned with the amount of fuel equal to that at the time of 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 arrangement has been made and noted on the Hire agreement. Any excess fuel will NOT be purchased from the customer. Service fee not to exceed $25.00 AUD.
8. Cancelation Policy
Cancellation requires a minimum of 72hrs Business days’ notice M-F. Cancellations outside of the 72hr notice will incur fees.
NVH reserves the right to charge or waive fees. NVH will in all circumstances try to hire cancelled bookings. This will be used to offset fees owed for cancellation.
Peak period cancellations may incur a 100% fee.
Nonpeak cancellations may incur a 50% fee.