RENTAL AGREEMENT
Terms and Conditions
The Rental Agreement ("Rental Agreement") between Adelaide Hills Touring and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle ("Rental Document") and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
"Authorised Driver / Joint Renter" means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.
Your spouse.
Your employer for a fellow employee, if either is engaged in activities that are incidental to Your business duties.
‘Collection Costs’ means Adelaide Hills Touring reasonable costs of collecting unpaid rental charges from You (including Adelaide Hills Touring legal costs) and Adelaide Hills Touring Pty Ltd administration fee of $132.00 (incl GST) and its debt collection agents fee equal to 12% of the unpaid rental charges;
‘Excess Amount’ means the amount shown as Excess Amount on the Rental Agreement.
‘Excess Reduction’ means the product called Excess Reduction that you may purchase before the rental commences to reduce any excess amount payable;
‘Loss Damage Waiver’ means the loss damage waiver described on the Rental Agreement as LDW, which reduces your financial responsibility for loss damage to the Vehicle to the Excess Amount.
‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens, or damage to the third-party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;
"Adelaide Hills Touring” means BUSSO Hire Pty Ltd trading as Adelaide Hills Touring A.B.N 92637377925
‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Agreement.
"Rental Period" means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Adelaide Hills Touring ;
"Substitute Vehicle Insurance" means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
"Vehicle" means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Adelaide Hills Touring ;
"You" or “Your" refers to the person(s) with whom the Rental Agreement is made.
1. DRIVER
1.1 You agree, acknowledge and warrant that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner's permit or a provisional licence); and
(c) You and the Authorised Driver are not under 21 years age; and
(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.
2. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
2.2 You and any Authorised Driver must not, unless authorised in writing by Adelaide Hills Touring, drive or take the Vehicle:
(a) to Kangaroo Island; however, if so authorised, You and any Authorised Driver must not drive the Vehicle between dusk and dawn outside the town limits;
(b) to Fraser Island, Bruny Island, Groote Eylandt, to Gove Peninsula, Tiwi Islands, Stradbroke Islands, Moreton Island, or any island off the coast of Australia;
(c) into or out of the Northern Territory, Tasmania, or to any points in
Western Australia north of Carnarvon;
(d) in Queensland:
(1) on Highway No. 27 beyond Chillagoe in a Westerly direction;
(2) on Highway No. 1 beyond Normanton in a Southerly direction and no further North than Karumba;
(3) if the Vehicle is a passenger vehicle or truck, beyond Cooktown to the North or Lakeland to the West and no further than Cape Tribulation on the Coast Road;
(4) on the Coast Road from Helen vale to Cape Tribulation, or from Laura to Lakeland unless the Vehicle is a Four Wheel Drive;
(e) in the snow (at anytime and anywhere (including Tasmania));
(f) above the snow line in:
(1) in New South Wales (being Jindabyne); or
(2) Victoria (being Bright),
From the beginning of June until the end of September;
(g) on beaches or through streams, dams, rivers or flood waters;
(h) in the Northern Territory:
(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or
(2) outside any town or city limits between dusk and dawn.
(i) in Western Australia:
(1) to any parts North of Carnarvon;
(2) on the Gibb River, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Hollard Track;
(3) beyond 100 kilometers of the Perth city limits between dusk and dawn; or
(4) otherwise, outside any town or city limits between dusk and dawn outside any city limits between dusk and dawn; or
3. USE OF THE VEHICLE
3.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment or reward of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods, except in compliance with
all necessary approvals, permits, licenses and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer's and Adelaide Hills Touring ’s recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(i) not, without Adelaide Hills Touring ’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
3.2 You must pay for any unauthorised repairs to the Vehicle and for all
parking and traffic infringements in respect of the Vehicle during the
Rental Period.
3.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle.
3.4 You and any Authorised Driver must not drive the Vehicle if Adelaide Hills Touring has so directed You and any Authorised Driver.
3.5 You and any Authorised Driver or any passenger must not smoke in the Vehicle.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box or otherwise as required to maintain the Vehicle’s efficient performance;
(b) keep the Vehicle locked and the keys under Your or the Authorised
Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
4.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless Adelaide Hills Touring authorises You to do so. Adelaide Hills Touring requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Adelaide Hills Touring will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified to the extent that Adelaide Hills Touring cannot verify the cost of repairs, Adelaide Hills Touring will not reimburse You.
4.3 You and Adelaide Hills Touring acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.
5. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5, and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause 5 does not apply to any damage or loss for which Adelaide Hills Touring is liable to You under this Rental Agreement.
Remember that references to the "Vehicle" include all of its parts, components, accessories and contents (see the definition of "Vehicle" in clause 1).
5.2 Subject to clause 5.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Authorised Driver, Adelaide Hills Touring :
(c) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,
in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.
(g) Under any circumstances where the Vehicle has been refueled with fuel other than that recommended by the Vehicle manufacturer.
(h) under any circumstances where the Vehicle and its keys are unsecured
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Adelaide Hills Touring the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle
at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements
for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the
Vehicle.
If the amount determined by Adelaide Hills Touring and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, Adelaide Hills Touring will refund the difference to You.
6. RETURN OF VEHICLE
6.1 You must return the Vehicle to Adelaide Hills Touring :
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to Adelaide Hills Touring the cost to refuel the Vehicle).
6.2 You must return the Vehicle to a Adelaide Hills Touring location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
6.3 If:
(a) You return the Vehicle on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Adelaide Hills Touring standard rate for the Vehicle for the Rental Period.
6.4 Adelaide Hills Touring may request the immediate return of the Vehicle, or Adelaide Hills Touring may re-take the Vehicle without notice, if Adelaide Hills Touring reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to
occur; or
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay Adelaide Hills Touring any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
6.5 Adelaide Hills Touring reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
7. CLAIMS AND PROCEEDINGS
7.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to Adelaide Hills Touring ;
(c) not, without Adelaide Hills Touring ’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Adelaide Hills Touring or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that Adelaide Hills Touring may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Adelaide Hills Touring in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Adelaide Hills Touring ;
(f) complete and furnish to Adelaide Hills Touring within a reasonable time any statement, information or assistance which Adelaide Hills Touring or its insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.
8. PAYMENT
8.1 At the end of the Rental Period, You must pay Adelaide Hills Touring on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by Adelaide Hills Touring or You to any person arising out of Your use of the Vehicle or imposed on You or Adelaide Hills Touring by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to Adelaide Hills Touring under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometers driven during the Rental Period.
8.3 Distance charges are measured from the Vehicle's odometer.
8.4 You authorise Adelaide Hills Touring to charge all moneys payable to Adelaide Hills Touring under the Rental Agreement to Your credit card or charge account.
8.5 Adelaide Hills Touring will pay any refund due to You by such method as Adelaide Hills Touring may reasonably choose.
9. LIABILITY OF ADELAIDE HILLS TOURING
9.1 Unless it is negligent, Adelaide Hills Touring is not liable to any person, and You indemnify Adelaide Hills Touring , for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to Adelaide Hills Touring .
10. CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
Your consumer rights are not excluded, modified, or restricted by this Rental Agreement. You can find out more about your consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.
11. TERMINATION
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 You may terminate the Rental Agreement at any time for any other reason.
11.3 If the Rental Agreement is terminated early for any reason other than a breach by Adelaide Hills Touring, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
12. MISCELLANEOUS
12.1 The Rental Agreement contains the whole agreement between the parties.
12.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
12.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts, which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
13. PRESUMPTIONS AND INTERPRETATION
13.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
13.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.
Insurance: Vehicles are covered as per below details
All vehicles In the event of any damage to the vehicle or any third party vehicle you are liable to pay an excess of $4000.
Theft or damage resulting from failure to lock the vehicle or failure to keep the keys secure is not covered by insurance and You are liable for any loss or damage in this instance. Loss of keys and associated costs will be charged to the main hirer.
In the event of an accident or damage caused to the vehicle insurance cover may be denied if you do not do the following:
Report to Us, the police and any relevant authority any incident involving loss or damage to the Vehicle or any other property or injury to any person within 24 hours of the incident occurring. Provide such information and assistance as may be requested by Us including, but not limited to, being interviewed by an investigator, or attending any Court hearing, and if necessary, authorising Us to bring, defend or settle legal proceedings. However, We shall have sole conduct of any such proceedings; Give to Us promptly every summons, complaint, demand or notice in relation to any loss or damage; Not leave the scene of an accident without providing full particulars to all relevant persons and authorities; Not provide any false information, nor engage in any fraudulent activity, in respect of Your hire of the Vehicle or in Your dealings with any law enforcement officer or authority during the period; Not, without Our consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability.
Drop off destination Change of drop off destination must be authorised by Us. If authorisation is given a fee may apply. We do not offer pickup or return to locations outside the Greater Adelaide Area.
Traffic Infringements The Hirer is liable for and must pay all parking and traffic infringements in respect of the Vehicle during the Rental Period. Unpaid infringements will incur a $40 admin fee.
Breakdowns In the unlikely event of any problem with the car, call us.
Repairs You are not to undertake or authorise any repairs to their Vehicle without the express permission of Adelaide Hills Touring. The cost of any unauthorised repairs and any consequential repairs that may be needed as a result of unauthorised work done to the Vehicle will be borne by You.. We will not accept responsibility for hotel or motel charges, meals or out of pocket expenses. In the case of breakdown, liability will be limited to the refund of hire charges for any days lost in the event that we are unable to provide a replacement vehicle.
Contents of Vehicle: When issued for hire all cars will have tyre changing equipment in place-You are to ensure these remain with the vehicle when it is returned or a fee for replacement at manufacturer's retail price will be charged.
Please note: Adelaide Hills Touring reserve the right to refuse any rental at its discretion.
Disclaimer: Rental rates, insurance rates and terms and conditions are subject to change without notice.
Insurance and Excess We recommend that our customers purchase Excess insurance. Travel insurance often covers rental vehicle excess (details can vary-check individual policies) Most premium credit cards provide rental excess insurance-check your provider's terms and conditions.
If you don't have insurance, you can get an instant on line quote and excess cover from Rental Cover at very competitive rates. Just click HERE Choose the $4000 cover option
Excess insurance of any description will cover you-not us. This means that you are still liable to pay us for the first $4000.00, but will be able to recover that on your insurance.
Terms and Conditions
The Rental Agreement ("Rental Agreement") between Adelaide Hills Touring and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle ("Rental Document") and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
"Authorised Driver / Joint Renter" means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.
Your spouse.
Your employer for a fellow employee, if either is engaged in activities that are incidental to Your business duties.
‘Collection Costs’ means Adelaide Hills Touring reasonable costs of collecting unpaid rental charges from You (including Adelaide Hills Touring legal costs) and Adelaide Hills Touring Pty Ltd administration fee of $132.00 (incl GST) and its debt collection agents fee equal to 12% of the unpaid rental charges;
‘Excess Amount’ means the amount shown as Excess Amount on the Rental Agreement.
‘Excess Reduction’ means the product called Excess Reduction that you may purchase before the rental commences to reduce any excess amount payable;
‘Loss Damage Waiver’ means the loss damage waiver described on the Rental Agreement as LDW, which reduces your financial responsibility for loss damage to the Vehicle to the Excess Amount.
‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens, or damage to the third-party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;
"Adelaide Hills Touring” means BUSSO Hire Pty Ltd trading as Adelaide Hills Touring A.B.N 92637377925
‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Agreement.
"Rental Period" means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Adelaide Hills Touring ;
"Substitute Vehicle Insurance" means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
"Vehicle" means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Adelaide Hills Touring ;
"You" or “Your" refers to the person(s) with whom the Rental Agreement is made.
1. DRIVER
1.1 You agree, acknowledge and warrant that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner's permit or a provisional licence); and
(c) You and the Authorised Driver are not under 21 years age; and
(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.
2. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
2.2 You and any Authorised Driver must not, unless authorised in writing by Adelaide Hills Touring, drive or take the Vehicle:
(a) to Kangaroo Island; however, if so authorised, You and any Authorised Driver must not drive the Vehicle between dusk and dawn outside the town limits;
(b) to Fraser Island, Bruny Island, Groote Eylandt, to Gove Peninsula, Tiwi Islands, Stradbroke Islands, Moreton Island, or any island off the coast of Australia;
(c) into or out of the Northern Territory, Tasmania, or to any points in
Western Australia north of Carnarvon;
(d) in Queensland:
(1) on Highway No. 27 beyond Chillagoe in a Westerly direction;
(2) on Highway No. 1 beyond Normanton in a Southerly direction and no further North than Karumba;
(3) if the Vehicle is a passenger vehicle or truck, beyond Cooktown to the North or Lakeland to the West and no further than Cape Tribulation on the Coast Road;
(4) on the Coast Road from Helen vale to Cape Tribulation, or from Laura to Lakeland unless the Vehicle is a Four Wheel Drive;
(e) in the snow (at anytime and anywhere (including Tasmania));
(f) above the snow line in:
(1) in New South Wales (being Jindabyne); or
(2) Victoria (being Bright),
From the beginning of June until the end of September;
(g) on beaches or through streams, dams, rivers or flood waters;
(h) in the Northern Territory:
(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or
(2) outside any town or city limits between dusk and dawn.
(i) in Western Australia:
(1) to any parts North of Carnarvon;
(2) on the Gibb River, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Hollard Track;
(3) beyond 100 kilometers of the Perth city limits between dusk and dawn; or
(4) otherwise, outside any town or city limits between dusk and dawn outside any city limits between dusk and dawn; or
3. USE OF THE VEHICLE
3.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment or reward of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods, except in compliance with
all necessary approvals, permits, licenses and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer's and Adelaide Hills Touring ’s recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(i) not, without Adelaide Hills Touring ’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
3.2 You must pay for any unauthorised repairs to the Vehicle and for all
parking and traffic infringements in respect of the Vehicle during the
Rental Period.
3.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle.
3.4 You and any Authorised Driver must not drive the Vehicle if Adelaide Hills Touring has so directed You and any Authorised Driver.
3.5 You and any Authorised Driver or any passenger must not smoke in the Vehicle.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box or otherwise as required to maintain the Vehicle’s efficient performance;
(b) keep the Vehicle locked and the keys under Your or the Authorised
Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
4.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless Adelaide Hills Touring authorises You to do so. Adelaide Hills Touring requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Adelaide Hills Touring will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified to the extent that Adelaide Hills Touring cannot verify the cost of repairs, Adelaide Hills Touring will not reimburse You.
4.3 You and Adelaide Hills Touring acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.
5. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5, and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause 5 does not apply to any damage or loss for which Adelaide Hills Touring is liable to You under this Rental Agreement.
Remember that references to the "Vehicle" include all of its parts, components, accessories and contents (see the definition of "Vehicle" in clause 1).
5.2 Subject to clause 5.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Authorised Driver, Adelaide Hills Touring :
(c) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,
in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.
(g) Under any circumstances where the Vehicle has been refueled with fuel other than that recommended by the Vehicle manufacturer.
(h) under any circumstances where the Vehicle and its keys are unsecured
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Adelaide Hills Touring the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle
at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements
for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the
Vehicle.
If the amount determined by Adelaide Hills Touring and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, Adelaide Hills Touring will refund the difference to You.
6. RETURN OF VEHICLE
6.1 You must return the Vehicle to Adelaide Hills Touring :
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to Adelaide Hills Touring the cost to refuel the Vehicle).
6.2 You must return the Vehicle to a Adelaide Hills Touring location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
6.3 If:
(a) You return the Vehicle on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Adelaide Hills Touring standard rate for the Vehicle for the Rental Period.
6.4 Adelaide Hills Touring may request the immediate return of the Vehicle, or Adelaide Hills Touring may re-take the Vehicle without notice, if Adelaide Hills Touring reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to
occur; or
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay Adelaide Hills Touring any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
6.5 Adelaide Hills Touring reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
7. CLAIMS AND PROCEEDINGS
7.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to Adelaide Hills Touring ;
(c) not, without Adelaide Hills Touring ’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Adelaide Hills Touring or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that Adelaide Hills Touring may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Adelaide Hills Touring in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Adelaide Hills Touring ;
(f) complete and furnish to Adelaide Hills Touring within a reasonable time any statement, information or assistance which Adelaide Hills Touring or its insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.
8. PAYMENT
8.1 At the end of the Rental Period, You must pay Adelaide Hills Touring on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by Adelaide Hills Touring or You to any person arising out of Your use of the Vehicle or imposed on You or Adelaide Hills Touring by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to Adelaide Hills Touring under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometers driven during the Rental Period.
8.3 Distance charges are measured from the Vehicle's odometer.
8.4 You authorise Adelaide Hills Touring to charge all moneys payable to Adelaide Hills Touring under the Rental Agreement to Your credit card or charge account.
8.5 Adelaide Hills Touring will pay any refund due to You by such method as Adelaide Hills Touring may reasonably choose.
9. LIABILITY OF ADELAIDE HILLS TOURING
9.1 Unless it is negligent, Adelaide Hills Touring is not liable to any person, and You indemnify Adelaide Hills Touring , for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to Adelaide Hills Touring .
10. CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
Your consumer rights are not excluded, modified, or restricted by this Rental Agreement. You can find out more about your consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.
11. TERMINATION
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 You may terminate the Rental Agreement at any time for any other reason.
11.3 If the Rental Agreement is terminated early for any reason other than a breach by Adelaide Hills Touring, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
12. MISCELLANEOUS
12.1 The Rental Agreement contains the whole agreement between the parties.
12.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
12.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts, which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
13. PRESUMPTIONS AND INTERPRETATION
13.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
13.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.
Insurance: Vehicles are covered as per below details
All vehicles In the event of any damage to the vehicle or any third party vehicle you are liable to pay an excess of $4000.
Theft or damage resulting from failure to lock the vehicle or failure to keep the keys secure is not covered by insurance and You are liable for any loss or damage in this instance. Loss of keys and associated costs will be charged to the main hirer.
In the event of an accident or damage caused to the vehicle insurance cover may be denied if you do not do the following:
Report to Us, the police and any relevant authority any incident involving loss or damage to the Vehicle or any other property or injury to any person within 24 hours of the incident occurring. Provide such information and assistance as may be requested by Us including, but not limited to, being interviewed by an investigator, or attending any Court hearing, and if necessary, authorising Us to bring, defend or settle legal proceedings. However, We shall have sole conduct of any such proceedings; Give to Us promptly every summons, complaint, demand or notice in relation to any loss or damage; Not leave the scene of an accident without providing full particulars to all relevant persons and authorities; Not provide any false information, nor engage in any fraudulent activity, in respect of Your hire of the Vehicle or in Your dealings with any law enforcement officer or authority during the period; Not, without Our consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability.
Drop off destination Change of drop off destination must be authorised by Us. If authorisation is given a fee may apply. We do not offer pickup or return to locations outside the Greater Adelaide Area.
Traffic Infringements The Hirer is liable for and must pay all parking and traffic infringements in respect of the Vehicle during the Rental Period. Unpaid infringements will incur a $40 admin fee.
Breakdowns In the unlikely event of any problem with the car, call us.
Repairs You are not to undertake or authorise any repairs to their Vehicle without the express permission of Adelaide Hills Touring. The cost of any unauthorised repairs and any consequential repairs that may be needed as a result of unauthorised work done to the Vehicle will be borne by You.. We will not accept responsibility for hotel or motel charges, meals or out of pocket expenses. In the case of breakdown, liability will be limited to the refund of hire charges for any days lost in the event that we are unable to provide a replacement vehicle.
Contents of Vehicle: When issued for hire all cars will have tyre changing equipment in place-You are to ensure these remain with the vehicle when it is returned or a fee for replacement at manufacturer's retail price will be charged.
Please note: Adelaide Hills Touring reserve the right to refuse any rental at its discretion.
Disclaimer: Rental rates, insurance rates and terms and conditions are subject to change without notice.
Insurance and Excess We recommend that our customers purchase Excess insurance. Travel insurance often covers rental vehicle excess (details can vary-check individual policies) Most premium credit cards provide rental excess insurance-check your provider's terms and conditions.
If you don't have insurance, you can get an instant on line quote and excess cover from Rental Cover at very competitive rates. Just click HERE Choose the $4000 cover option
Excess insurance of any description will cover you-not us. This means that you are still liable to pay us for the first $4000.00, but will be able to recover that on your insurance.