STANDARD car RENTAL TERMS AND CONDITIONS
By signing the Quote and returning it to Us or otherwise requesting Us to proceed with the Quote, You agree to be bound by the Quote and these terms and conditions.
2. Supply of the Vehicle
Subject to the Vehicle being available, and You paying the Fees in accordance with clause 7, We hire the Vehicle to You for the Hire Period.
(a) If We agree to provide a drop off service, We must deliver the Vehicle to an address nominated by You at a time acceptable to Us.
(b) If no drop off service is agreed by the parties, then You must collect the Vehicle from the location and at the time nominated by Us.
2.3 Permitted Driver
You must ensure that only persons who are Permitted Drivers operate the Vehicle and:
(a) are not less than the age of 21;
(b) hold a current Australian unrestricted driver's licence, or equivalent overseas international licence;
(c) are not under the influence of a drug, intoxicating liquor or substance; and
(d) do not have a blood alcohol content or level of drugs in the driver's bloodstream exceeding the legal limit.
2.4 Vehicle condition
On expiry of the Hire Period, You must return the Vehicle to the location nominated by Us at a time acceptable to Us in the same condition in which it was hired. It may take up to 48 hours for Us to clean and check for all panel, paint, mechanical, and undercarriage damage.
3. Use of Vehicle
3.1 Area of Use
You must only use the Vehicle on government gazetted roads, and must not use the Vehicle in any of the following locations:
(a) on ferries;
(b) water crossings;
(c) near salt waterways;
(d) in any area where snow has fallen or is likely to fall;
(e) roads that have been closed; or
3.2 You must:
(a) confirm the suitability of roads (including that roads comply with the requirements of clause 3.1) prior to the use of the Vehicle on those roads; and
(b) obtain any permits required to enter or travel upon roads used by You.
(c) not load the vehicle beyond the vehicle capacities.
3.3 Other conditions of use
(a) comply with all applicable laws and regulations in Your use of the Vehicle, including those in relation to speed and road safety;
(b) comply with all Our policies and procedures (as notified by Us to You from time to time);
(c) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
(d) make the Vehicle available for servicing in accordance with the manufacturer’s recommendation, or as otherwise required by Us from time to time;
(e) not carry, or allow the Vehicle to carry, more passengers than may be accommodated by seat belt restraints in the Vehicle;
(f) maintain the Vehicle’s engine oils and other fluids, and monitor the Vehicle’s instrument gauges and warning gauges on a regular basis;
(g) fill the Vehicle with the fuel type and quality specified by Us;
(h) comply with all seat belt and child restraint laws and regulations;
(i) keep the Vehicle locked and secured at all times and the keys and any remote control device in Your possession at all times;
(j) not use the Vehicle if it is damaged or unsafe, including if applicable, after the Vehicle is involved in a motor vehicle accident;
(k) not smoke any substance, including tobacco, in, or in close proximity to, the Vehicle; and
(l) ensure all dirt in the interior, exterior and underbody of the Vehicle is removed prior to returning the Vehicle to Us.
3.4 Damage to the Vehicle
(a) ensure that the Vehicle is operated by persons with a high degree of skill, and not driven dangerously or recklessly;
(b) keep the vehicle clean;
(c) avoid damaging the Vehicle;
(d) report any damage to the Vehicle, and in the case of a motor vehicle accident, the details of any affected third parties, to Us within 24 hours of the damage or incident occurring;
(e) not make any repairs to the Vehicle without Our authorisation; and
(f) pay the Damage Assessment Fee if damage has occurred.
3.5 Return of Vehicle
(a) return the Vehicle to Us on the last day of the Hire Period at the time and to the location specified in the Quote (or as otherwise notified by Us to You);
(b) remove all Your property from the Vehicle before returning the Vehicle to Us; and
(c) return the Vehicle under clause 2.4 with at least the amount of fuel which the Vehicle had when delivered to, or picked up by, You.
3.6 Traffic Infringements and Motorway Tolls
(a) We may transfer each traffic infringement notice into the name of the Nominated Driver (or another person nominated in writing by You).
(b) Notwithstanding clause 3.6(a), You are liable for, and must pay, any traffic infringements and motorway tolls incurred in relation to the Vehicle while the Vehicle is in Your possession.
3.7 Roadside Assistance
Vehicles are covered by roadside assistance for mechanical failures. Where roadside assistance is called to attend vehicles immobilised due to human error, the attendance costs will be charged to the hirer.
If the Vehicle is involved in an accident during the Term:
(a) You must:
(i) record the time, date, and location of the accident;
(ii) record the other parties’ full names, addresses, driver’s licence number, vehicle registrations, car types, and insurance companies;
(iii) record any property damage in circumstances where the accident did not involve another motor vehicle;
(iv) not admit liability (and ensure that the driver does not admit liability);
(v) notify the police within 24 hours of the accident (where the accident must be reported by law);
(vi) promptly report the accident within 24 hours to Us; and
(vii) if required by Us, fully complete and sign an accident report claim in a form specified by Us;
(b) you must pay the cost of towing and retrieval of the Vehicle up to the amount of the damage liability as outlined in clause 5, and
(c) there is no refund for any Fees paid in advance for the unused portion of the Hire Period.
5. Damage Waiver
5.1 Your legal liability is limited to the Standard Damage Liability amount per incident for damage to the Vehicle or damage to any third party property other than any property owned by Us or any property in Your physical or legal control, on the condition that You:
(a) have paid the standard damage liability amount (regardless of who is at fault);
(b) are not in breach of this agreement and have not caused any other person to have acted in a manner which is in contravention of this agreement;
(c) are not covered under any other policy of insurance; and
(d) have provided such information and assistance as may be requested by Us.
5.2 You remain responsible for the cost of demurrage for the period the Vehicle is unavailable due to repairs or replacement.
5.3 You acknowledge and agree that:
(a) tyre damage (fair wear and tear excepted); and
(b) windscreen damage,
are not covered by the Standard Damage Liability, and You must pay the Windscreen Replacement Fee for any windscreen damage to the Vehicle during the Hire Period to Us unless Windscreen and Tyre Cover has been accepted by You in the Quote.
You represent and warrant, and it is a condition of this agreement, that:
(a) You have reviewed the Vehicle Checklist and acknowledge there are no visible faults with the Vehicle not identified in the Vehicle Checklist;
(c) all information provided by You to Us is accurate and is not, whether by omission of information or otherwise, misleading; and
(d) You have not withheld from Us any document, information or other fact material to Our decision to enter into this agreement.
6.2 You agree that We may contact any trade references or other credit references at anytime whether now or in the future for the purpose of assessing credit worthiness.
6.3 You agree that We may obtain from a credit reporting agency a credit report for the purposes of assessing credit worthiness.
You acknowledge and agree that We, in entering into this agreement, are relying on the warranties and on the representations made in or under this agreement.
You must pay the Fees to Us in the manner contemplated by the Annexure.
You must pay tax invoices issued for Rental Services pursuant to this agreement:
(a) by the establishment of an account with all tax invoices to be paid within 14 days from the invoice date or as otherwise agreed in writing; or
(b) by credit card as shown in Rental Agreement, which will be debited for the invoice amount on the invoice date,
as agreed at the Commencement Date or subsequently in writing.
7.3 Overdue payments
Without prejudice to any other right or remedy that you may have, if you fail to pay Us on the due date, We may:
(a) if you are paying by account, debit Your credit card shown in Rental Agreement with the invoice amount;
(b) charge interest on outstanding amounts at the rate of 1.5% per month commencing one month from the date the invoice was due;
(b) suspend all Rental Services provided by Us pursuant to this Agreement until payment has been made; and
(d) recover and take possession of all Vehicles rented by Us to you pursuant to this Agreement until payment has been made in full.
If there is a dispute about whether a Fee, refund or other amount contemplated by this agreement is payable or available, You must not withhold the amount in dispute.
7.5 Set Off
We may set off against any amount payable by You under this agreement any amount payable by Us to You, including any:
(a) amount payable under an indemnity; and
(b) amount attributable to loss or damage suffered or incurred by You in connection with this agreement.
8. Term and termination
This agreement commences on the Commencement Date and continues until the later of:
(a) the end of the Hire Period; and
(b) the date You return the Vehicle to Us.
unless terminated earlier in accordance with this clause 8.
8.2 Termination of breach
(a) a party commits a breach of this agreement and fails to remedy that breach within 30 days of receiving notice from the other party requiring that party to do so; or
(b) an Insolvency Event occurs in relation to a party,
then the other party may terminate this agreement by written notice to that party, in which case this agreement will terminate immediately.
8.3 Termination for booking cancellation
(a) You may terminate this agreement by written notice to Us prior to commencement of the Hire Period, in which case You must pay the Cancellation Fee to Us.
(b) We may terminate this agreement by written notice to You prior to commencement of the Hire Period if the Vehicle is unavailable for any reason.
8.4 Termination for convenience
(a) We may terminate this agreement at any time:
(i) by 7 day's written notice to You if the Hire Period is less than 30 days;
(ii) by 14 day's written notice to You if the Hire Period is 30 days or more;
in which case this agreement will terminate on the date specified in that written notice.
(b) If We terminate this agreement in accordance with clause 8.4(a), You must (at Our discretion):
(i) return the Vehicle to Us at the location and time specified by Us; or
(ii) make the Vehicle available for collection by Us at the location and time specified by Us.
8.5 Waiver and acknowledgement
(a) You expressly waive any rights You may have to terminate this agreement other than as contemplated by this clause 8.
8.6 After termination or expiry
(a) On termination or expiry of this agreement:
(i) accrued rights or remedies of a party are not affected; and
(ii) You must return the Vehicle and any of Our other property in Your care, custody or control to Us.
(b) Termination or expiry of this agreement will not affect clauses 7.3, 7.4, 7.5, 8.6(a), 10, 11 or any provision of this agreement which is expressly or by implication intended to come into force or continue on or after the termination.
9. Personal Property Securities Act
9.1 Retention of title
Title to the Vehicle remains with Us at all times.
9.2 Security interest
(a) You acknowledge that this agreement creates a security interest under the PPSA in the Vehicle and any other goods to be supplied in the future and consents to Us effecting a registration on the PPSA register in relation to any security interest contemplated by this agreement.
(b) You must not charge the Vehicle in any way or grant or otherwise give any interest in the Vehicle while it remains the property of We/Us, nor allow any third party to acquire a security interest in the Vehicle.
(c) If You make a payment to Us at any time whether in connection with the supply of goods or otherwise, We may apply that payment to first satisfy obligations that are not secured, then obligations that are secured, but not by a purchase money security interest, in the order in which those obligations were incurred, and then obligations that are secured by a purchase money security interest in the order in which those obligations were incurred.
(d) If You breach this agreement, then without limiting the remedies available to Us:
(i) upon request by Us, You must return the Vehicle ;
(ii) You authorises Us and any person authorised by Us to enter premises where the Vehicle may be located to take possession of the Vehicle; and
(iii) We may retain, sell or otherwise dispose of the Vehicle.
(e) You agree to the extent permitted under the PPSA, You have no right:
(i) to receive notice of removal of an accession under the PPSA;
(ii) under Chapter 4 of the PPSA; or
(iii) under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.
(f) You must unconditionally ratify any actions taken by Us under this clause 9.
(g) In this clause 9, the following words have the respective meanings given to them in the PPSA: account, proceeds, register, registration, security interest and verification statement.
(a) Subject to clauses 10.1(c) and 10.1 (d), Our liability for loss or damage however caused (including by Our negligence), suffered by You in connection with this agreement is limited to the Daily Hire Fee for 7 days hire of the Vehicle.
(b) The limitation set out in clause 10.1(a) is an aggregate limit for all claims, whenever made.
(c) Subject to clause 10.1 (d), We are not liable for any Consequential Loss however caused (including by Our negligence), suffered or incurred by You in connection with this agreement.
(d) You have rights conferred by consumer legislation and nothing in this agreement is intended to limit, modify, exclude or restrict Your rights under the Competition and Consumer Act 2010 (Cth) or any corresponding state legislation.
10.2 Credit card authorisation
You authorise Us to charge any amount payable under this agreement by You, including any Fees, or amounts contemplated by clauses 3.6(b) and 11.1, to Your Credit Card.
You are liable for, and indemnify Us from and against, all loss, damage, or liability (including legal costs) incurred or suffered by Us in connection with:
(a) damage to the Vehicle, subject to clause 5 (Damage Waiver);
(b) under body damage however caused;
(c) tyre damage sustained as a result of You operating the Vehicle with incorrect tyre pressure;
(d) any water damage to the Vehicle;
(e) any engine damage to the Vehicle caused by overheating;
(f) any damage to the Vehicle’s clutch; and
(g) overhead or roof damage to the Vehicle caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle.
11.2 Further indemnities
You are also liable for, and indemnify Us from and against, all loss, damage, or liability (including legal costs) incurred or suffered by Us in connection with:
(a) any breach of this agreement by You;
(b) motorway tolls incurred by the Vehicle while the Vehicle is in Your possession;
(c) the impounding or towing of the Vehicle (other than due to a motor vehicle accident involving the Vehicle); and
(d) any traffic infringement, speeding and parking costs and penalties, including fines.
(e) Us attempting to collect Fees or any amount payable by You under this clause 11.2 from You (including through the use of third party collecting agencies);
(f) Us recovering the Vehicle because of Your recklessness or that of a driver of the Vehicle (including but not limited to, recovery from impounding); and
(g) Your failure or that of a driver of the Vehicle to check that the Vehicle’s instrument gauges, meters, tyre inflation levels and warning signals are operating within normal ranges;
(h) any claim or allegation by a third party in connection with the use of the Vehicle;
(i) personal injury or death of any person, including a driver of the Vehicle, Your employees, officers and contractors at premises owned or occupied by Us or in connection with the provision or use of the Vehicle; and
(j) any negligent act or omission of You, a driver of the Vehicle, or Your employees, officers and contractors.
11.3 Continuing obligation
Each indemnity contained in this agreement is a continuing obligation notwithstanding:
(a) any settlement of account; or
(b) the occurrence of any other thing,
and it is not necessary for Us to incur expense or make payment before enforcing or making a claim under an indemnity.
12. Costs and taxes
Each party must meet or pay its own legal costs and disbursements in respect of the preparation, negotiation and execution of this agreement.
12.2 Stamp duty
We must pay all stamp duty (including penalties and interest) assessed or payable in connection with this agreement.
(a) The laws of Queensland, Australia govern this agreement.
(b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
(c) You must not assign, in whole or in part, or novate Your rights and obligations under this agreement without Our prior written consent.
(d) We may assign Our interest under this agreement.
(e) This agreement does not create a relationship of employment, trust, agency or partnership between the parties.
(f) Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
(g) This agreement represents the parties’ entire agreement, and supersedes all prior representations, communications, agreements, statements and understandings, whether oral or in writing, relating to its subject matter.
(h) A right under this agreement may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.
14. Definitions and interpretation
Cancellation Fee - means the cancellation fee specified in theAnnexure.
Collision Damage Waiver - means You have elected to pay an additional daily fee to reduce the standard damage liability amount from $4,400 (inc GST) to $550 (inc GST).
Commencement Date - means the date the hire commences as specified in the Vehicle Checklist.
Credit Card - means Your credit card of which details have been provided to Us.
Daily Hire Fees - means the daily hire fees specified in the Annexure.
Fees - mean the fees specified in the Annexure.
Hire Period - means the hire period specified in the Quote, or extended as agreed by the parties.
Insolvency Event - in the context of a person means:
a) the person or the person’s property or undertaking becomes subject to a personal insolvency arrangement under or a debt agreement under part X & IX Bankruptcy Act 1966 (Cth);
b) the person is or becomes unable to pay its debts when they are due; or
c) the person ceases to carry on business.
Nominated Driver - means the nominated driver specified in the Quote or otherwise agreed in writing by the parties.
Permitted Driver - means:
(a) if You are an individual, You or any other person named in the Quote; or
(b) if You are a company, each company employee.
Personal Information - means information or an opinion (including information or an opinion forming part of a database), whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
PPSA - means the Personal Property Securities Act 2009
Quote - means the quote to which these terms and conditions are attached.
Standard Damage Liability - means $4,400 (inc GST), unless otherwise specified in a Quote, and unless You have paid the Collision Damage Waiver fee for the day of the Term when the relevant damage was suffered, in which case the damage liability is $550 (inc GST).
If the Vehicle was being driven by a person under 25 years of age when the relevant damage was suffered, an Age Excess of $3,850 (inc GST) is payable (in addition to the damage liability amount).
Term - means the Hire Period.
Vehicle - means the Vehicle specified in the Quote, or any replacement of that Vehicle nominated by Us.
Vehicle Checklist - means the checklist describing the Vehicle’s condition signed by You or Nominated Driver on delivery or collection of the Vehicle.
We/Us/Our - means Vista Technologies (Aust) Pty Ltd, ACN 098 290 370, trading as ‘Vista Hire’.
Windscreen and Tyre Cover - means You have elected to pay an additional fee in the Quote to cover the replacement or repair of the Vehicle’s windscreen or tyres where these were accidentally damaged. Windscreen and Tyre Cover does not apply to the Vehicle’s side windows or rear glass and is void if You breach any other terms of this Agreement.
You/Yours - means the person or corporation as set out in the Quote and includes any Permitted Driver.
In this agreement:
(a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
(b) no rule of construction applies in the interpretation of this agreement to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it; and
(c) a reference to a party is a reference to Us or You, and a reference to the parties is a reference to both Us and You.
The Fees are:
(a) the Cancellation Fee;
(b) the Daily Hire Fee;
(c) the Collision Damage Waiver Daily Fee;
(d) the Windscreen and Tyre Cover Daily Fee;
(e) the Early Return Fee;
(f) the Consumables Fees;
(g) the Key Replacement Fee;
(h) the Fuel Fee;
(i) the Pick up and Drop off Fee;
(j) the Cleaning Fees;
(k) the Administration Fee;
(l) the Toll Management Fee;
(m) the Windscreen Replacement Fee; and
(n) the Damage Assessment Fee.
1.2 The Cancellation Fee is payable if You terminate this agreement before the Hire Commencement Date, and is the Daily Hire Fee for one day.
1.3 The Daily Hire Fee is the fee payable for each day of hire of the Vehicle and Vehicle Equipment.
1.4 The Collision Damage Waiver Daily Fee is the fee payable for each day of the hire of the Vehicle where You have elected to reduce the standard damage liability amount as set out in the Quote.
1.5 The Windscreen and Tyre Cover Daily Fee is the fee payable for each day of the hire of the Vehicle where You have elected to cover accidental damage to the Vehicle’s windscreen or tyres as set out in the Quote.
1.6 The Early Return Fee is payable if You return the Vehicle to Us prior to the date specified for return in the Quote. You will be required to pay the standard Daily Hire Fee for the term of the actual hire for the entire hire period.
1.7 The Consumables Fee is payable on return of the Vehicle for each consumable (such as a fire extinguisher or first aid kit) used by You, and is the replacement value of that consumable (as notified by Us to You) plus 10%.
1.8 The Key Replacement Fee is payable if You fail to return all keys or remote control devices that were provided. The Key Replacement Fee is the cost of replacing the key or device as specified by the manufacturer.
1.9 The Fuel Fee is payable on return of the Vehicle to Us if You fail to return the Vehicle with at least the same amount of fuel with which the Vehicle was hired, and is the cost of filling the Vehicle with fuel (as notified by Us to You), plus 10%.
1.10 The Pick Up and Drop Off Fee is payable for each time We drop the Vehicle off to You or collect the Vehicle from a location other than Our premises, and is $66 (including GST) unless otherwise specified in the relevant Quote. We may specify a greater fee if the pick up or drop off location is more than 25km from the Brisbane CBD.
1.11 The Cleaning Fees are payable on return of the Vehicle if We believe You have been smoking, or if in Our opinion, the Vehicle requires additional cleaning or steam cleaning. The Cleaning Fees are:
(a) if We believe there is evidence of You smoking in the Vehicle $55 (including GST);
(b) if We believes the Vehicle requires additional cleaning, $75 (including GST); and
(c) if We believe the Vehicle requires steam cleaning, $275 (including GST)
1.12 The Administration Fee is payable for each traffic infringement incurred (in addition to the fine), or toll notice received (in addition to the toll) by Us in relation to use of the Vehicle during the Hire Period, and is:
(a) for a motorway toll, $5.50 (including GST); and
(b) for a notice of traffic infringement, $55 (including GST).
1.13 The Toll Management Fee is $16.50 (including GST) per vehicle per month and is payable in addition to the tolls incurred.
1.14 The Windscreen Replacement Fee (including GST) is $275 and is payable for each windscreen that is damaged during the Hire where Windscreen & Tyre Cover were not accepted.
1.15 The Damage Assessment Fee is $110 (including GST) and is payable for each incident where damage has occurred and is to cover the cost of an independent assessment to determine the cost of repairs.
If you have any questions about our terms and conditions, please contact us on 1300 993 767.