1. Your Rental Agreement with Us comprises:
1.1. Part A The part which sets out details of You, the Vehicle, the Equipment and other information; and
1.2. Part B This part which sets out the Terms and Conditions and includes the Schedules.
1.3. You should read the whole of Part A and Part B. If You are unsure about anything or have any other questions, please ask Us.
1.4. The date of the Rental Agreement is the date that is shown on Part A of the Rental Agreement.
2. Who do the term & conditions apply to?
2.1. The Terms and Conditions of the Rental Agreement apply to Us and You.
2.2. “Us”, “We”, “Our” or “Byron Prestige Car Hire” means INSERT.
2.3. “You” or “Your” means:
2.3.1.the Hirer; and
2.3.2.the Additional Driver(s).
2.4. “Hirer” means the person(s) or entity named as the Hirer of the Vehicle in Part A of the Rental Agreement;
2.5. “Additional Driver(s)” means the person(s) named as Additional Driver of the Vehicle in Part A of the Rental Agreement.
3. WHAT DO YOU GET FROM BYRON PRESTIGE CAR HIRE?
3.1. You get to use:
3.1.1.the Vehicle; and
3.1.2.the Equipment; from the Time Out at the Collection Point until the Time Due In at the Return Point, subject to Your Rental Agreement.
3.2. “Vehicle” means a vehicle in the Rental class You have booked (or a comparable vehicle) as stated in Part A of the Rental Agreement and includes all of its parts, components, keys, contents, accessories, tools and any
replacement vehicle.
3.3. “Equipment” means equipment You have booked (or comparable equipment) as stated in Part A of the Rental Agreement and includes all of its parts, components, contents, accessories and any replacement equipment.
3.4. “Time Out” means the date and time You take the Vehicle for hire as stated in Part A of the Rental Agreement.
3.5. “Time Due In” means the date and time You are required to return the Vehicle as stated in Part A of the Rental Agreement.
3.6. “Collection Point” means the place that You can collect the Vehicle as stated in Part A of the Rental Agreement.
3.7. “Return Point” means the place that You must return the Vehicle as stated in Part A of the Rental Agreement.
3.8. “Rental” means use of the Vehicle and Equipment pursuant to the Rental Agreement.
4. WHAT ARE THE RENTAL CHARGES?
4.1. INSERT
4.2. “Rental Charges” means the charges payable in accordance with the Rental Agreement.
5. WHAT ARE THE POSSIBLE ADDITIONAL CHARGES?
5.1. INSERT – NOTE EXCEPTION FOR FAIR WEAR AND TEAR.
6. WHEN WILL YOU BE CHARGED AND HOW MUCH?
6.1. INSERT
7. WHAT MUST YOU DO BEFORE YOU TAKE THE VEHICLE?
7.1. Before You take the Vehicle from the Collection Point, You must:
7.1.1.check that the Vehicle is in the condition recorded in the Vehicle Check Out Report; and
7.1.2.immediately notify Us of any damage to the Vehicle which is not recorded in the Vehicle Check Out Report.
7.2. We will verify the condition and any damage identified by You and will amend the Vehicle Check Out Report if necessary.
7.3. “Vehicle Check Out Report” means the record of the condition of the Vehicle and any damage to the Vehicle at Time Out.
8. WHAT ARE YOUR RESPONSIBILITIES?
8.1. You must:
8.1.1.provide Us with Your correct name, date of birth, address and drivers licence details;
8.1.2.be at least 21 years old;
8.1.3.hold an unrestricted drivers licence which permits You to drive the Vehicle and which has not been cancelled, endorsed or suspended within the last three years;
8.1.4.take proper care of the Vehicle and any Equipment;
8.1.5.obey all relevant road rules and comply with all legislation – if you don’t, You may be responsible to pay the full cost of any damage or penalty;
8.1.6.comply with any warning indicators that may appear in the Vehicle – if You are unsure what a warning indicator means, You must contact Us as soon as possible for advice;
8.1.7.use the correct type of fuel for the Vehicle; and
8.1.8.ensure that any Equipment is fitted correctly and safely;
8.1.9.use the Vehicle and any Equipment only for the purpose for which it is designed;
8.1.10.use the Vehicle and the Equipment in the manner in which it is designed to be used – if You are unsure how to operate the Vehicle or Equipment, You must read the Operating Manual kept in the glovebox of the Vehicle
or contact Us as soon as possible for advice;
8.1.11.keep the Vehicle locked at all times when it is unattended.
8.2. You must not:
8.2.1.drive the Vehicle if Your breath or blood alcohol concentration exceeds the maximum lawful concentration or if You are under the influence of any drug, toxic or illegal substance;
8.2.2.allow anyone apart from You to drive the Vehicle;
8.2.3.allow anyone to smoke in the Vehicle;
8.2.4.use the Vehicle to transport any animal apart from a guide dog;
8.2.5.allow the Vehicle to be towed;
8.2.6.allow the Vehicle to propel or tow any other Vehicle (including a trailer); or
8.2.7.hire the Vehicle to anyone.
8.3. Unless Your Rental Agreement specifically permits You to do so, You must not:
8.3.1.use the Vehicle for commercial gain;
8.3.2.use the Vehicle on unsealed roads unless You INSERT;
8.3.3.use the Vehicle off-road (such as on the beach or a dirt track, grassed area, or to cross a stream or any other body of water);
8.3.4.use the Vehicle where snow chains are required;
8.3.5.use the Vehicle in the Northern Territory, Western Australia or Tasmania; or
8.3.6.transport the Vehicle on a ferry, ship or other watercraft.
9. WHAT ARE YOUR RESPONSIBILITIES IN RELATION TO RETURNING THE VEHICLE?
9.1. You must return the Vehicle and any Equipment to Us:
9.1.1.at the Return Point by the Time Due In;
9.1.2.in the same condition as when You collected them.
10. CAN YOU RETURN THE VEHICLE TO A DIFFERENT PLACE?
10.1. You can only return the Vehicle and any Equipment to a different place than the Return Point if, prior to the Time Due In, We agree to such different return place.
10.2. If We agree to a different return place:
10.2.1. You must return the Vehicle and any Equipment so Us at such different return place; and
10.2.2. You may be charged a One Way Rental Fee.
11. CAN YOU EXTEND THE RENTAL?
11.1. You can only return the Vehicle and any Equipment later than the Time Due In if, prior to the Time Due In, We agree to such later return time.
11.2. If We agree to a later return time:
11.2.1.You must return the Vehicle so Us by such later return time; and
11.2.2. You may be charged Additional Rental Charges in respect of such later return time.
11.3. We may report the Vehicle and any Equipment as stolen if You have not returned the Vehicle within 24 hours of the Time Due In or any later return time agreed.
12. CAN YOU TERMINATE THE RENTAL?
12.1. You can terminate the Rental at any time.
12.2. If You terminate the Rental and/or return the Vehicle early:
12.2.1. You must immediately return the Vehicle and any Equipment to Us at the Return Point;
12.2.2. You will not be entitled to a refund unless that is stated in Part A of the Rental Agreement or otherwise permitted by law.
13. CAN WE TERMINATE THE RENTAL?
13.1. We may terminate the Rental if:
13.1.1. You have breached, or are reasonably likely to breach, any of the key terms of the Rental Agreement and:
13.1.1.1. the breach cannot be remedied; or
13.1.1.2. You do not promptly rectify the breach after You are notified of it; or
13.1.2. If the Vehicle is damaged during the Rental and is no longer roadworthy or safe to drive.
13.2. If We terminate the Rental:
13.2.1. We may require You to immediately return the Vehicle and any Equipment or repossess it;
13.2.2. You may be charged a Repossession Fee if We repossess the Vehicle or any Equipment.
13.2.3. You will not be entitled to a refund unless that is stated in Part A of the Rental Agreement or otherwise permitted by law.
14. WHAT HAPPENS WHEN YOUR RENTAL IS FINISHED?
14.1. We will inspect the Vehicle and any Equipment as soon as reasonably possible after it is returned.
14.2. We will notify You if any damage or loss is identified.
14.3. You may be charged a Damage or Loss Fee in the event that damage or loss is identified in respect of the Vehicle or any Equipment.
14.4. We will refund You any Deposit which is no longer required as soon as reasonably possible INSERT.
15. WHAT HAPPENS IF THE VEHICLE OR ANY EQUIPMENT IS DAMAGED, STOLEN OR LOST OR CAUSES OTHER DAMAGE?
15.1. If there is any damage or loss to the Vehicle or any Equipment, or if the Vehicle or Equipment causes other damage, You must immediately:
15.1.1. Notify us and provide full details – if You don’t we may require You to pay the full cost of any damage;
15.1.2. Notify the police if required by law;
15.1.3. Not leave the Vehicle unattended before the arrival of a tow truck or salvage operator unless the health or safety of You or another person would be endangered;
15.1.4. Return the Vehicle keys to Us if possible;
15.1.5. Complete and return an Incident Report Form which we will supply to You;
15.2. If the Vehicle is damaged during the Rental and is no longer roadworthy or safe to drive and We have terminated the Rental, We will only provide You with a replacement Vehicle (under a new Rental Agreement) if, after reasonable inquiry, We and Our insurer reasonably believe that You were not at fault and there is minimal risk of further damage or loss. It is likely that there would be some delay before We could inform You whether we could provide You with a replacement Vehicle (under a new Rental Agreement).
15.3. It will be Our discretion, having regard to all relevant factors including age of the Vehicle, likely cost of repair, parts availability, repairer availability and Our existing bookings, whether to repair the Vehicle or to replace it.
15.4. If We elect to repair the Vehicle:
15.4.1. it will be Our discretion, having regard to all relevant factors including age of the Vehicle, likely cost of repair, parts availability, repairer availability and Our existing bookings:
15.4.1.1. when any such repair shall be carried out; and
15.4.1.2. who shall repair the Vehicle;
15.4.2. repair shall be carried out by a licensed repairer who is endorsed by Our insurer to carry out high quality repair using quality replacement parts;
15.4.3. if the Vehicle is roadworthy, We may rent it prior to such repair being carried out.
15.5. You may have to pay some or all of the cost of repair or replacement of the Vehicle or any Equipment, depending upon INSERT.
16. WHAT IS DAMAGE FOR WHICH YOU ARE LIABLE?
16.1. You are liable for New Damage to the Vehicle and any Equipment.
16.2. “New Damage” is damage to the Vehicle and any Equipment which:
16.2.1.Was not recorded on the Vehicle Check Out Report; and
16.2.2.Is any of the following:
16.2.2.1. Any hole, tear, scratch (or combination of scratches) longer than 30mm;
16.2.2.2. Any dent (or combination of dents) of greater diameter than 32mm and or deeper than 2mm;
16.2.2.3. Any scrape which causes paint damage;
16.2.2.4. Any damage to any glass panel on the Vehicle;
16.2.2.5. Any hole, chip, scrape or scratch on a light longer than 30mm;
16.2.2.6. Any split, torn, mismatched, re-treaded or disfigured tyre;
16.2.2.7. Any damage or disfigurement to a wheel which renders it unroadworthy;
16.2.2.8. Any burn, tear, hole, stain or extensive odour on any upholstery or interior trim item;
16.2.2.9. Any crack, hole or damage to the under body or exhaust;
16.2.2.10. Any missing item or part;
16.2.2.11. Any repair to the Vehicle or Equipment in respect of any of the above items which was not authorised by Us.
17. WHAT IF A THIRD PARTY WAS AT FAULT?
17.1. If a third party was at fault for any damage or loss to the Vehicle or any Equipment:
17.1.1. We will attempt to recover costs from the third party if in Our opinion it would be commercially viable to do so;
17.1.2. Your Loss or Damage Liability will be refunded in full if We are able to recover all Our costs;
17.1.3. You will remain liable for any costs which We are not able to recover from the third party.
18. WHAT HAPPENS IF THERE IS A CLAIM OR LEGAL PROCEEDINGS IN RELATION TO THE VEHICLE OR EQUIPMENT?
18.1. If there is any claim for damage or loss or if legal proceedings are threatened or commenced in relation to the Vehicle or any Equipment, You must:
18.1.1. Immediately notify Us in writing addressed to Our address and provide us with copies of all relevant documents;
18.1.2. Not make any admission of liability;
18.1.3. Not offer to settle the legal proceedings;
18.1.4. Allow Us to conduct the legal proceedings on Your behalf;
18.1.5. Fully co-operate with Us and Our legal representatives as may be reasonably required.
18.2. You will be liable for any legal fees that You incur:
18.2.1. prior to You notifying Us of the legal proceedings if You do not immediately notify Us; or
18.2.2. if You do not fully co-operate with Us and Our legal representatives as may be reasonably required.
19. WHAT HAPPENS IF YOU ARE UNSATISFIED?
19.1. If You are unsatisfied or if You have any query or concern regarding Your Rental, You should immediately advise Us so that We can investigate and address the issue.
20. HOW WILL YOUR PERSONAL INFORMATION BE TREATED?
20.1. We will collect personal information as part of the Rental process.
20.2. We will use and disclose such personal information in accordance with Our Privacy Policy which is Schedule INSERT to the Rental Agreement.
20.3. By providing personal information You agree to Us using and disclosing such personal information in accordance with Our Privacy Policy.
21. WHAT OTHER IMPORTANT THINGS DO YOU NEED TO KNOW ABOUT THE RENTAL?
21.1. Unless We are negligent or otherwise required by law, We will not be responsible for any damage, costs, expenses or other loss (including loss of profits) or death or personal injury to You or any other person as a result of the Rental.
21.2. To the extent permitted by law and subject to Consumer Law, We are not liable for the accuracy of information provided by any Global Positioning System (“GPS”) which may be provided pursuant to the Rental Agreement or any loss suffered by You as a result of relying on information provided by the GPS device.
21.3. To the extent permitted by law and subject to Consumer Law, Our liability is limited at Our option to the replacement, repair or re-supply of the Vehicle and any Equipment for the remaining term of the Rental or reimbursement of the Rental Charges.
21.4. These Terms and Conditions are to be exclusively governed by and interpreted in accordance with and by the laws and Courts of the State or Territory of the Commonwealth of Australia in which the Collection Point is located.
21.5. In the Rental Agreement, words which denote the singular include the plural and words which denote the plural include the singular.
21.6. If any clause or part of a provision of the Rental Agreement is invalid, illegal, unlawful or otherwise incapable of enforcement:
21.6.1. that clause or part of the provision shall be read down only to the extent necessary to make it valid, legal, lawful or enforceable;
21.6.2. if it cannot be read down, it shall be deemed to be of no force and effect;
21.6.3. all other clauses and parts of provisions shall remain in full force and effect and be fully enforceable; and
21.6.4. no clause or part of a provision shall be construed as being dependent upon another unless so expressed.
BYRON PRESTIGE CAR HIRE – PRIVACY POLICY
1. When You rent a Vehicle from Us, We collect certain information directly from You to determine the terms and conditions of the Rental Agreement that should apply. We may also collect information indirectly through a travel agent, Our marketing and promotion partners, credit card providers or credit reporting agencies.
2. The personal information collected includes all the details We require to complete Part A of the Rental Agreement. We may collect additional sensitive information such as Your membership of a professional association in order to provide You with the correct discount for services. You can choose not to provide some of Your
personal details but this may affect the service that We are able to provide to You.
3. We may use Your personal information for the purpose of:
3.1. providing the service You have requested and for any other compatible purposes including managing, improving and developing Our business;
3.2. direct marketing such as offering You products and services provided by Us, and Our associated enterprises, suppliers or insurers.
4. We may disclose Your personal information to other related and non-related organisations such as:
4.1. Our licensees, agents and suppliers;
4.2. Your organisation if You use Our services under a corporate account;
4.3. Our reward program partners;
4.4. Our contracted service providers;
4.5. Credit card providers;
4.6. Credit reporting and fraud checking agencies;
4.7. Debt collection agencies, in the event of Your default in payment of monies owed to Us;
4.8. City councils and government or private organisations responsible for the processing or handling of traffic related charges or infringements;
4.9. Driver licensing authorities; and
4.10. Government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.
5. We will ensure that Your personal information is kept secure and confidential and is used and disclosed in accordance with this policy by restricting the handling of Your personal information, only to persons authorised by Us.
6. We may give You access to the personal information that We hold about You at any time except information related to existing or anticipated legal proceedings between Us and You.
7. When You request access to Your information You must first specify the information that You want access to, and provide further information to enable Us to verify Your identity.
8. You may make the request by phone or by email but if Your request requires Us to access archived material or spend significant time in preparation or research, We may charge You a reasonable fee and will advise the likely fee in advance.
9. You should advise Us if there are any changes or errors in the information You have provided and We will take all reasonable steps to correct the information.
10. You should advise Us if You have any concerns about how We handle Your personal information or if You believe that Your personal information has been handled inappropriately.
To Be Confirmed