TOS
Aussie Car Rentals Standard Terms and Conditions
This Agreement ('Agreement') is between the signatory to the Aussie Car Rentals rental agreement (the Form),
being the renter of the Vehicle (‘You’) and Aussie Car Rentals.
1. Nature of Agreement
(a) Except to the extent otherwise implied by law, the terms and conditions made available to
You at time of rental, together with the Form and any Additional Terms, comprise the
Agreement and set out all of the terms, conditions, warranties and undertakings
concerning Your rental of the Vehicle and any Accessories and on which Aussie Car Rentals agrees
to rent the Vehicle and Accessories to You for the Rental Period.
(b) The Additional Terms, if any, prevail to the extent of any inconsistency with the terms
and conditions in the Rental Wallet or Form.
(c) You must not attempt to transfer or sublease the Vehicle, the Accessories or any rights
or obligations under this Agreement. Any attempted transfer or sublease of the Vehicle or
Accessories by anyone other than Aussie Car Rentals is void. Neither You nor any Authorised
Drivers are agents of Aussie Car Rentals. No one may service or repair the Vehicle without Aussie Car Rentals's
prior express written approval.
(d) You confirm and promise Aussie Car Rentals that all information provided by You to Aussie Car Rentals at any time
before and during the Rental Period is true and correct in every particular and the
information so provided is all the information Aussie Car Rentals could reasonably require.
(e) Terms marked in Bold throughout this Agreement are defined in clause 13 (Definitions
and Interpretation).
2. Returning Vehicle and Repossession
(a) You agree to return the Vehicle and any Accessories to Aussie Car Rentals at the specified time and
location noted on the Form, or sooner if demanded by Aussie Car Rentals on reasonable grounds,
including where Aussie Car Rentals reasonably believes You have breached, or are likely to breach,
the Agreement.
(b) The Vehicle and Accessories are not taken to have been returned until the end of the
Rental Period. If You return the Vehicle or Accessories outside Business Hours, You
remain responsible for the Vehicle and Accessories until Aussie Car Rentals has inspected and
accepted their return the next Business Day.
(c) If You do not return the Vehicle or Accessories when required by this Agreement, then
after Aussie Car Rentals sends to Your address a written demand to You to return it, Aussie Car Rentals may take
steps to recover and repossess the Vehicle and/or Accessories where and when it is
found. You authorise Aussie Car Rentals to enter any premises owned or occupied by You, or where
necessary, You agree to make all reasonable efforts to obtain the right for Aussie Car Rentals to enter
any premises in order to recover and repossess the Vehicle or the Accessories.
(d) If the Vehicle or Accessories are found illegally parked, apparently abandoned or are
used or obtained as prohibited under this Agreement, Aussie Car Rentals may recover the Vehicle or
the Accessories without sending a written demand under clause 2(c) . To the extent
permitted by law, You waive any right to any hearing or to receive any notice or legal
process as a precondition of Aussie Car Rentals recovering the Vehicle or the Accessories in
accordance with this clause 2(d).
(e) From the date that Aussie Car Rentals sends you a demand pursuant to clause 2(c), Aussie Car Rentals may
exercise its legal rights to recover and repossess the Vehicle or the Accessories. You
agree to cooperate with Aussie Car Rentals to recover the Vehicle or the Accessories.
(f) You must reimburse Aussie Car Rentals for its reasonable costs of recovering or repossessing the
Vehicle or the Accessories where such costs are a consequence of Your failure to
return the Vehicle or Accessories when required by this Agreement.
(g) Except to the extent that Aussie Car Rentals is at fault, You indemnify Aussie Car Rentals against any claim made by
any third party resulting from Aussie Car Rentals's recovery or repossession of the Vehicle or the
Accessories.
(h) In the event You rent the Vehicle for more than 30 days, Aussie Car Rentals reserves the right to
terminate the rental at any time on 30 days written or verbal notice to You.
3. Maintenance and Safety
(a) You and Aussie Car Rentals acknowledge that the Vehicle is generally in undamaged condition save
as otherwise acknowledged by You and Aussie Car Rentals in writing on the Vehicle Condition
Report. You agree to return the Vehicle in the same condition, save for normal wear
and tear.
(b) You agree to check the amount of engine oil and coolant in the Vehicle at appropriate
intervals and maintain them at the levels recommended in the Vehicle manufacturer's
specifications or otherwise as required to maintain the Vehicle's efficient performance.
(c) Aussie Car Rentals (through sub-contractors) provides a twenty-four (24) hour breakdown roadside
assistance service for the Vehicle.
(d) You and any Authorised Driver must comply with any applicable road safety laws and
regulations (including those relating to seat belts and child restraints and use of a mobile
phone whilst driving).
4. Charges
(a) You agree to pay to Aussie Car Rentals the following charges for renting the Vehicle :
(i) Time Charges
The daily rental charge noted on the Form for each Rental Day. The Extra Hours
Rate shown on the form is charged for each full or partial hour in excess of a full
Rental Day until the amount reaches the cap of the daily rental charge;
(ii) Kilometre Charge
The charge for each kilometre driven in excess of the kilometre allowance (if any)
noted on the Form, calculated at the appropriate kilometre rate;
(iii) Delivery/Collection Charges
A charge for delivering the Vehicle at, and/or collecting the Vehicle from, any
location other than those Aussie Car Rentals rental locations for which no charges apply (this
charge applies to recoveries or repossessions under clause 2 and Your returning
the Vehicle to an improper location);
(iv) Optional Renter Protection Services
The amount for an optional renter protection service (Renter Protection Service)
as accepted by You and noted on the Form, calculated for each full or partial
Rental Day. See clause 12 for information regarding Renter Protection Services.
(v) Fuel Costs
Unless You have accepted the Fuel Purchase Option as noted on the Form, or
unless otherwise indicated on the Form, You must either return the Vehicle with
a full tank of fuel or pay for Aussie Car Rentals to refuel it at the price of:
(A) if the Vehicle travelled less than 250 kilometres during the Rental Period –
the number of kilometres travelled multiplied by the rate per kilometre specified
on the Form; or
(B) if the Vehicle travelled 250 kilometres or more during the Rental Period –
the number of litres of fuel required to refill the tank multiplied by the price per
litre specified on the Form.
(vi) Collection Expenses
Where You do not pay the charges in accordance with this Agreement, You must
reimburse Aussie Car Rentals for its reasonable expenses and costs incurred in collecting from
You the charges payable under this Agreement and for reasonable interest
charges calculated at the rate specified in clause 14;
(vii) Charges and Penalties
An amount equal to all tolls, fines, penalties, charges, taxes or other imposts
levied by any Government, government body or tolling company in respect of
Your rental or use of the Vehicle, including stamp duty on this Agreement
(except in South Australia);
(viii) Costs Recoveries
The amount noted on the Form to cover operating costs of conducting business
in different States, Territories or other locations, including, but not limited to,
vehicle registration, stamp duty on vehicle purchases and transport accident
charges;
(ix) Surcharges
The amount noted on the Form as a contribution towards the additional further
operating costs of conducting business in certain regions or at certain venues, or
related to use of the Vehicle by persons less than age 25;
(x) Credit or Charge Card Surcharge
The percentage noted on the Form of any amount charged to a credit or charge
card;
(xi) Administrative Charges
Subject to clause 4(b), an amount for administrative functions Aussie Car Rentals undertakes
in respect of Your rental of the Vehicle, including the payment of, or handling of
any claim for, any charges and penalties referred to in clause 4(a)(vii);
(xii) Breakdown Roadside Assistance
The cost of providing breakdown roadside assistance, where the problem (for
which assistance is requested) is not caused by a problem inherent to the
Vehicle.
(b) Regarding the Accessories, You agree to pay to Aussie Car Rentals the daily accessory charge noted
on the Form for each Rental Day or part thereof in which the Accessories are made
available for rent.
(c) Where the amount of any charge is not specified on the Form, the amount or the basis of
calculation of the amount as determined by Aussie Car Rentals from time to time will be as set out in
clause 14.
(d) Long Term Rental will be invoiced on a 30 day cycle beginning from the commencement
of the Rental Period or upon the conclusion of any period less than 30 days during the
Rental Period for the Long Term Rental.
(e) You agree to pay to Aussie Car Rentals the charges under this clause on demand. That will usually be
at the end of the Rental Period, but may involve payments being made subsequently,
after the Vehicle or Accessories have been inspected by Aussie Car Rentals and where costs and
expenses are determined after the Rental Period ends. Aussie Car Rentals may charge Your Credit
Card for all charges under this clause 4 in accordance with clause 11(a).
5. Full Responsibility
You should refer to clauses 5(d), 5(f) and 6 for Your potential liability resulting from any use of the
Vehicle for, or incurred whilst the Vehicle is being used for, any Prohibited Use or by any
Prohibited Person or for any Full Responsibility Use referred to in this clause. You should refer to
clause 5(d) for Your liability for Accessories.
(a) Prohibited Uses
The Vehicle must never be used:
(i) recklessly, or with deliberate intent to cause injury, loss or damage;
(ii) in Tasmania or on Kangaroo Island, South Australia, unless rented from a
location in Tasmania or on Kangaroo Island;
(iii) on Fraser Island in Queensland;
(iv) for committing an illegal or unlawful act;
(v) for racing or undertaking reliability trials or other contests;
(vi) for conveying passengers for hire or reward (unless Aussie Car Rentals consents in writing);
(vii) for hauling any goods that are incorrectly or inappropriately loaded or for the
haulage of which the Vehicle was not designed (including any hazardous
materials, such as any gases or substances which may form explosive
mixtures); or
(viii) for towing a trailer or any other vehicle, unless the Vehicle has a towbar, in
which case You have permission from Aussie Car Rentals to tow a trailer provided the weight
and dimensions of the item being towed do not exceed the specified capacity of
the Vehicle.
(b) Prohibited People
The following people must never drive the Vehicle or otherwise be in control of the
Vehicle:
(i) any person who is Intoxicated by any substance; or
(ii) any person other than an Authorised Driver.
(c) Full Responsibility Uses
You will be fully responsible and liable for Damages under clause 6 where the Vehicle is
used:
(i) on any road or other surface which is not sealed other than a road under repair, a
short access road to a National or State Park, tourist attraction or holiday
accommodation or a road notified to You by Aussie Car Rentals, unless the Vehicle is a four
wheel drive;
(ii) in any Alpine Resort during the gazetted snow season or in any other area under
conditions where a reasonable person would use snow chains, unless SNO is
offered to and accepted by You as noted on the Form;
(iii) on any beach or in any other area exposed to saltwater;
(iv) in any area or under any circumstances (including crossing a waterway) where
the Vehicle may or does become partially or totally immersed in water;
(v) under any circumstances where the Vehicle may or does sustain damage to the
body or undercarriage as a result of making contact with a stationary object
overhanging or on the road surface (including driving or attempting to drive
under, over or around any such object);
(vi) under any circumstances where the Vehicle sustains damage to the roof area
including but not limited to the fitting of roof racks (or similar devices), standing or
sitting on the roof or making contact with overhanging objects;
(vii) under any circumstances where the Vehicle is refuelled with fuel other than
which is recommended by the Vehicle manufacturer
(viii) in any other area or region specified to You by Aussie Car Rentals as an area or region in
which the Vehicle must not be used.
(d) Responsibility for Accessories
You will be fully responsible and liable for Damages under clause 6 to any Accessories
even if You have accepted MAX, AER PLUS or AER for the Vehicle.MAX, AER PLUS
OR AER DOES NOT APPLY TO ANY LOSS OF OR DAMAGE TO ACCESSORIES.
(e) If the Vehicle is used for a Prohibited Use or by a Prohibited Person in breach of clause
5(a) or 5(b):
(i) to the extent permitted by applicable law, You will lose the benefit of any
limitation on Your liability for loss of or damage to the Vehicle, even if You have
accepted MAX, AER PLUS or AER; and
(ii) will constitute a breach of this Agreement, making You responsible, to the fullest
extent permitted by applicable law, for the actual and consequential damages to
Aussie Car Rentals caused by the breach, together with Aussie Car Rentals's related costs and legal fees.
(f) If the Vehicle is used for a Full Responsibility Use referred to in clause 5(c), to the
extent permitted by applicable law, You will lose the benefit of any limitation on Your
liability for loss of or damage to the Vehicle, even if You have accepted MAX, AER
PLUS or AER.
6. Your Liability
(a) Subject to this clause 6, You are responsible, to the fullest extent permitted by applicable
law, for all Damages which occur during the Rental Period or which result from Your
rental or use of the Vehicle or Accessories. Notwithstanding anything in this clause 6 or
any other clause, there is no cap or limit on Your liability to Aussie Car Rentals resulting from any use
of the Vehicle for, or incurred whilst the Vehicle is being used for, any Prohibited Use or
by any Prohibited Person or for any Full Responsibility Use referred to in clause 5 (Full
Responsibility).
(b) Your liability to Aussie Car Rentals for Damages to the Vehicle resulting from a Single Vehicle
Accident outside capital city metropolitan Built Up Areas is limited to the amount of the
ADE (inclusive of GST) plus $2,200 (inclusive of GST) or such other amount in addition
to the ADE as is specified in the Additional Terms.
(c) Your liability to Aussie Car Rentals for Damages to the Vehicle resulting from water damage (other
than by total or partial immersion) is limited to the amount of the ADE (inclusive of GST)
plus $2,200 (inclusive of GST) or such other amount in addition to the ADE as is
specified in the Additional Terms.
(d) Your liability to Aussie Car Rentals for Damages to the Vehicle, other than as set out in clauses 6(b)
and 6(c),which occur during the Rental Period or which result from Your rental or use of
the Vehicle is limited to the amount of the ADE. In the event of damage to the Vehicle,
You will be charged the amount of the ADE and should the cost of the repairs be less
than the ADE, You will be reimbursed the difference.
(e) If the person driving or otherwise in control of the Vehicle when an Accident occurs is an
Authorised Driver under 25 years of age, the limit on Your liability under each of clauses
6(b), 6(c) and 6(d)will be increased by $2,200 (inclusive of GST).
(f) Notwithstanding clauses 6(b), 6(c) and 6(d), You are liable to reimburse Aussie Car Rentals for
Damages incurred as a result of You fitting Accessories to the Vehicle incorrectly or
otherwise in a manner which causes damage to the Vehicle, the Accessories or any
other vehicle or property.
(g) Notwithstanding clauses 6(b), 6(c) and 6(d), You are liable to reimburse Aussie Car Rentals to the
extent that any breach by You of clause 9, including the making of any admission of
liability in breach of clause 9(d), results in Aussie Car Rentals incurring greater loss, damage, liability,
cost or expense than it would have incurred but for Your breach.
(h) Notwithstanding clauses 6(b), 6(c) and 6(d), You agree to indemnify and hold Aussie Car Rentals
harmless to the maximum extent permitted by law from any claim against Aussie Car Rentals for loss
of or damage to any personal property that is connected with the rental under this
Agreement. This includes, without limitation, personal property left in any Aussie Car Rentals vehicle or
brought onto Aussie Car Rentals's premises, but does not include the Vehicle or any other property
damaged as a result of the Vehicle colliding with it and does not include any loss or
damage caused by the negligence or wilful default of Aussie Car Rentals.
(i) The liability of any Authorised Driver for causing personal injuries resulting from use of
the Vehicle is covered by the statutory schemes relating to transport accident
compensation in each State and Territory of Australia (subject to the conditions and
limitations of those schemes). For details of the scope, conditions and limitations of this
coverage, You should contact the relevant authority in the State or Territory in which the
Vehicle is registered.
7. Limited Liability and Indemnity
(a) You have rights under and in connection with this Agreement by reason of consumer
protection legislation, including warranties that the Vehicle or the Accessories are of
merchantable quality, matches any description or sample against which it is rented and
any services are provided to You by Aussie Car Rentals using all due care and skill. Save for these
rights Aussie Car Rentals provides no other warranties in respect of the Vehicle or the Accessories or
Your rental of the Vehicle or the Accessories.
(b) For the sake of clarity, save for its obligations under clause 7(a), to the maximum extent
permitted by law Aussie Car Rentals accepts no responsibility or liability to You or any Authorised
Driver for any loss, costs, expenses, damages (including for loss of use or enjoyment but
excluding any loss or damage caused by the negligence or wilful default of Aussie Car Rentals) or any
other liabilities resulting from:
(i) any Accident, breakdown or any other failure of the Vehicle; or
(ii) loss of or damage to Your or anyone else's personal property, which includes,
without limitation, personal property left in any Aussie Car Rentals Vehicle or brought onto
Aussie Car Rentals's premises; or
(iii) any error or omission in any street directory or other map (whether or not
provided by Aussie Car Rentals), or any fault in or malfunction of any car phone or vehicle
navigational system (whether installed in or otherwise provided with the Vehicle).
(c) Without limiting the foregoing, to the maximum extent permitted by law Aussie Car Rentals will not be
liable to You or any Authorised Drivers for any loss of use or enjoyment of the Vehicle,
the Accessories or another vehicle or any indirect, special or consequential damages
arising in anyway out of any matter covered by this Agreement;
(d) Unless You have rented the Vehicle and the Accessories for personal, domestic or
household use, any liability of Aussie Car Rentals, including any liability for negligence, is limited to the
extent permitted by law to:
(i) in the case of goods, at the option of Aussie Car Rentals:
(A) replacement of the goods or supply of equivalent goods;
(B) repair of the goods;
(C) payment of the cost of replacing the goods or acquiring equivalent
goods; or
(D) payment of the cost of having the goods repaired.
(ii) in the case of services, at the option of Aussie Car Rentals:
(A) supplying of the services again; or
(B) payment of the cost of having the services supplied again.
8. Representations by Travel Agents
For the sake of clarity, travel agents are not Aussie Car Rentals employees or agents of Aussie Car Rentals. Accordingly, to
the extent permitted by law, Aussie Car Rentals does not accept liability for claims, statements or
representations made by any travel agent concerning the Vehicle, the Accessories or Aussie Car Rentals's
services under this Agreement.
9. Accidents and Fines -What You Do
(a) You must report any Accident (irrespective of whether it results in the Vehicle or any
Accessories being damaged, lost or destroyed) to Aussie Car Rentals as soon as possible after the
Accident occurs.
(b) You must provide all information Aussie Car Rentals reasonably requires concerning the Accident.
Without limiting the foregoing, You must deliver to Aussie Car Rentals a correctly completed written
report of the Accident as soon as practicable after the Accident or otherwise at Aussie Car Rentals's
request.
(c) You agree to assist Aussie Car Rentals (at Aussie Car Rentals's cost and direction) in respect of any claim or action
brought in respect of any Accident, including attending court to give evidence.
(d) No offer of compromise, payment, settlement, waiver, release, indemnity or any other
admission of liability (other than a true statement made under compulsion of law) must be
made by You or on Your behalf in relation to the Accident.
(e) Any papers or other documents received by You concerning the Accident must be
promptly given to Aussie Car Rentals. You further agree to take reasonable steps to ensure that any
other person who receives any such papers or documents concerning the Accident
provides those papers and documents promptly to Aussie Car Rentals.
(f) You agree to report any traffic or parking infringement which occurs during the Rental
Period to Aussie Car Rentals as soon as possible after it occurs.
(g) Aussie Car Rentals may, at its discretion, terminate Your renting of the Vehicle or the Accessories
and not provide a replacement vehicle or replacement accessory after an Accident. In
the event of termination, Aussie Car Rentals will refund pro-rata prepaid charges but reserves the right
to set off any such prepaid charges against all charges due and payable under clause 4
and in respect of Damages due and payable under clause 6.
10. Consent to Disclosure of Personal Information
You consent to Aussie Car Rentals obtaining reports from credit reporting agencies for the purpose of
assessing Your applications to rent vehicles from Aussie Car Rentals and managing Your rentals of vehicles.
You also consent to Aussie Car Rentals giving Your identity particulars to credit reporting agencies for the
purpose of obtaining such reports and to Aussie Car Rentals obtaining information about You from credit
providers identified in such reports.
11. Credit, Charge or Debit Cards and Cash
(a) You authorise Aussie Car Rentals to charge the credit, charge or debit card ('Card'), the imprint of
which or the number of which You provide to the Aussie Car Rentals representative when renting the
Vehicle (or at any other time), in respect of all charges due and payable under clause 4
and in respect of Damages due and payable under clause 6 up to the amount of the ADE
PLUS $2,200 (inclusive of GST) or the ADE PLUS $4,400 (inclusive of GST) if clause
6(e) applies or such other amount in addition to the ADE as is specified in the Additional
Terms.
(b) If You present a Card at the commencement of the rental, You also authorise Aussie Car Rentals to
reserve credit with, or obtain an authorisation from, the Card issuer at the time of rental in
an amount up to the expected cost of the rental (less any discount, credit or rebate) plus
$200 (inclusive of GST) or other such amount advised at time of reservation.
(c) If Aussie Car Rentals charges Your Card for Damages due and payable under clause 6, it will promptly
notify You of the amount so charged and provide details of the Damages. If You dispute
the Damages or the amount charged, You may contact the Aussie Car Rentals representative stated
on the notification letter. Aussie Car Rentals will deal promptly with any dispute and, if it reasonably
considers that any amount should be refunded to You, will promptly credit that amount to
Your Card. If You are dissatisfied with any determination made by Aussie Car Rentals in this respect,
You may contact Aussie Car Rentals's Customer Relations Department.
(d) Your Card may be so charged within 60 days after the Vehicle has been returned,
notwithstanding that any particular charge or amount of Damages could have been but
was not charged when the Vehicle was returned.
(e) Where it appears to Aussie Car Rentals that Damages resulting from Your rental of the Vehicle may
approach or exceed the amount limited by clauses 6(b), 6(c) or 6(d) (as qualified by
clause 6(e)), Aussie Car Rentals will charge Your Card with that amount. If it later transpires that actual
Damages are less than that amount, Aussie Car Rentals will promptly credit the difference to Your
Card.
(f) You warrant that the Card is Your’s and You (whether alone or with another person or
other people) are responsible for all amounts credited, charged or debited to that Card.
(g) If You provide a cash deposit at a rental location, there is no guarantee the deposit (or
part thereof) will be reimbursed in cash at the time the Vehicle is returned to Aussie Car Rentals. In
these circumstances, a cheque will be forwarded within 14 business days to the address
notated on the Form.
12. Optional Renter Protection Services
(a) You may purchase optional Renter Protection Services which may reduce Your liability
under clause 6 for Damages which occur during the Rental Period or which result from
Your rental or use of the Vehicle. OPTIONAL RENTER PROTECTION SERVICES WILL
NOT REDUCE OR LIMIT YOUR LIABILITY FOR ANY LOSS OF OR DAMAGE TO
ACCESSORIES or the DAMAGES arising there from.
(b) Notwithstanding any thing in this clause 12 or any other clause, and irrespective of
whether You purchase any Renter Protection Services, there is no cap or limit on Your
liability to Aussie Car Rentals:
(i) resulting from any use of the Vehicle for, or incurred whilst the Vehicle is being
used for, any Prohibited Use or by any Prohibited Person or for any Full
Responsibility Use referred to in clause 5 (Full Responsibility); or
(ii) pursuant to clauses 6(f), 6(g) and 6(h).
(c) If Maximum Cover (MAX) (which is only available at some locations) is offered to and
accepted by You as noted on the Form:
(i) other than as set out in clauses12(c)(ii), 12(c)(iii) and 12(c)(iv), You have no
liability to Aussie Car Rentals for Damages which occur during the Rental Period or which
result from Your rental or use of the Vehicle (including tyre and/or windscreen
damage);
(ii) You have no liability to Aussie Car Rentals for Damages resulting from a Single Vehicle
Accident unless the person driving or otherwise in control of the Vehicle when
the Single Vehicle Accident occurred was an Authorised Driver under 25
years of age, in which case Your liability to Aussie Car Rentals is limited to the amount of the
ADE noted on the Form plus $2,200 (inclusive of GST);
(iii) Your liability to Aussie Car Rentals for Damages resulting from water damage (other than by
total or partial immersion) is limited to the amount of $2,200 (inclusive of GST);
and
(iv) if the person driving or otherwise in control of the Vehicle when an Accident
occurs is an Authorised Driver under 25 years of age, the limit on Your liability
to Aussie Car Rentals under each of clauses 12(c)(i) and 12(c)(iii) is increased by $2,200
(inclusive of GST).
(v) The charge for MAX will be capped at 10 days in any 30 day rental period.
(d) If Accident Excess Reduction Plus (AER Plus) is offered to and accepted by You as
noted on the Form:
(i) other than as set out in clauses 12(d)(ii), 12(d)(iii) and12(d)(iv), Your liability to
Aussie Car Rentals for Damages which occur during the Rental Period or which result from
Your rental or use of the Vehicle is limited to the amount of the ADE noted on
the Form;
(ii) Your liability to Aussie Car Rentals for Damages resulting from a Single Vehicle Accident or
water damage (other than by total or partial immersion) is limited to the amount
of the ADE noted on the Form PLUS $2,200 (inclusive of GST);
(iii) You have no liability to Aussie Car Rentals for tyre and/or windscreen damage; and
(iv) if the person driving or otherwise in control of the Vehicle when an Accident
occurs is an Authorised Driver under 25 years of age, the limit on Your liability
to Aussie Car Rentals under each of clauses 12(d)(i), 12(d)(ii) and 12(d)(iii) is increased by
$2,200 (inclusive of GST).
(v) The charge for AER Plus will be capped at 14 days in any 30 day rental period
(e) If Accident Excess Reduction (AER) is offered to and accepted by You as noted on
the Form:
(i) other than as set out in clauses12(e)(ii), 12(e)(iii) and 12(e)(iv), Your liability to
Aussie Car Rentals for Damages which occur during the Rental Period or which result from
Your rental or use of the Vehicle is limited to the amount of the ADE noted on
the Form;
(ii) Your liability to Aussie Car Rentals for Damages resulting from a Single Vehicle Accident or
water damage (other than by total or partial immersion) is limited to the amount
of the ADE noted on the Form PLUS $2,200 (inclusive of GST);
(iii) You have no liability to Aussie Car Rentals for tyre and/or windscreen damage; and
(iv) if the person driving or otherwise in control of the Vehicle when an Accident
occurs is an Authorised Driver under 25 years of age, the limit on Your liability
to Aussie Car Rentals under each of clauses 12(e)(i) and 12(e)(ii) is increased by $2,200
(inclusive of GST).
(f) If SNOW Option (SNO) (which is only available at some locations and for some vehicles)
is offered to and accepted by You as noted on the Form:
(i) clause 5(c)(ii) does not apply; and
(ii) Notwithstanding clause 12(f)(i), You are liable to reimburse Aussie Car Rentals in accordance
with clause 6(f) for Damages incurred as a result of You fitting snow-chains, ski
racks or roof racks to the Vehicle incorrectly or otherwise in a manner which
causes damage to the Vehicle or any other vehicle or property.
13. Definitions and Interpretation
'Accident' means any collision between the Vehicle and any other object, including another
vehicle, or any other incident or occurrence that results in the Vehicle being damaged, lost or
destroyed, and includes a Single Vehicle Accident;
'ADE' means the Accident Damages Excess noted on the Form after taking into account any
reduction where AER PLUS or AER is accepted by You as noted on the Form;
'Accessories' means keys and remote door opening devices and any removable equipment
supplied with the Vehicle including but not limited to child restraint seats or satellite navigation
devices which may or may not attract an additional charge for usage, which are only to be used
(i) with the Vehicle with which it is originally supplied or such vehicle as Aussie Car Rentals
supplies as a replacement for the Vehicle and
(ii) in accordance with all instructions and operational information provided;
'Additional Terms' means any other terms as recorded in any document that You are required
by Aussie Car Rentals's authorised representative to sign when You rent the Vehicle;
'Authorised Driver' means You and/or any person:
(a) at or over the age noted on the Form;
(b) who holds a current driver's licence that:
(i) is in English or, if not in English, is accompanied by a certified English
translation;
(ii) is valid for driving the Vehicle;
(iii) the driver has held for at least twelvemonths; and
(c) who has Your authority to drive the Vehicle and is:
(i) either a member of Your immediate family permanently living with You; Your
employer, employee, fellow employee or partner incidental to their business
duties; or a person or entity who has contracted to perform work for You, or an
employee of such a person or entity, incidental to the performance of work for
You; or
(ii) any other person approved in writing by Aussie Car Rentals;
'Built Up Area' means an area which are defined by speed limits of less than 100 kph.
'Business Day' means a day on which the rental location is open for business;
'Business Hours' means the hours of operation of the rental location from which the Vehicle is
rented or to which it is returned, and which are posted on the Aussie Car Rentals website or posted at the
rental location;
'Cleaning Charge' means an hourly rate charge on a cost recovery basis if the cleaning is
performed by Aussie Car Rentals personnel or the actual fee paid by Aussie Car Rentals if an outside party is engaged to
provide the service.
'Commencement Time' means the later of the date and time:
(a) specified on the Form as the commencement time of the rental; or
(b) when the Vehicle is delivered to You or to a location requested by You;
'Damages' means any expense, cost (including legal costs, calculated on an indemnity cost
basis), penalty, impost, liability or any other financial obligation of whatsoever character (including
any excess payable under relevant insurance policies) incurred by Aussie Car Rentals in respect of:
(a) the loss of, damage to, or otherwise in respect of the Vehicle or Accessories, including,
and without limitation, the cost of repairing the Vehicle or Accessories (or, if in Aussie Car Rentals's
reasonable opinion, the damage is irreparable, the replacement cost of the Vehicle or
Accessories), administrative, appraisal, recovery services provided by or on behalf of
Aussie Car Rentals;
(b) any claim or demand of any third party made in respect of the Vehicle or Accessories or
the loss of, or loss of the use or enjoyment of, or damage to, any other vehicle or property
caused by the Vehicle or Accessories or resulting from its use;
(c) the loss of, damage to, or otherwise in respect of any property, other than the Vehicle or
Accessories, which belongs to Aussie Car Rentals or for which Aussie Car Rentals is other wise responsible or
liable (in whole or part). but does not include loss of use or enjoyment of the Vehicle or
Accessories or any indirect, special or consequential loss, other than in connection with
a Prohibited Use or use by a Prohibited Person in breach of clause 5(a) or 5(b);
'Excessively Dirty' means Vehicle requires cleaning beyond Aussie Car Rentals's standard cleaning practice.
'Form' means the form entitled Rental Agreement and related forms on which all personal and
other details are recorded, and which is completed at the time the Vehicle is rented;
'Intoxicated' means where the driver is under the influence of any drug or intoxicating liquor to
the extent that that person's ability to control the Vehicle is materially impaired or where the
driver's blood level of any drug or alcohol is in breach of the applicable legal limit; in the context of
which, a person is deemed to be in breach of this provision if, at any time, he or she refuses or
fails to provide a breath, blood or other sample when lawfully required to do so by or on behalf of
the Police;
'Long Term Rental' means a Rental Period of greater than 30 days;
'Rental Day' means each consecutive twenty-four (24) hour period during the Rental Period;
'Rental Period' means the period during which the Vehicle is rented by You, beginning at the
Commencement Time and ending at the time:
(a) You return the Vehicle to Aussie Car Rentals during Business Hours and Aussie Car Rentals accepts return of the
ignition key for the Vehicle;
(b) You deposit the Rental Wallet containing the ignition key for the Vehicle into the
'dropbox' at the rental location to which the Vehicle is returned outside Business Hours
(and You remain responsible for the Vehicle until Aussie Car Rentals has inspected and accepted the
return of it the next Business Day);
(c) where You use the customer collection service, the earlier of when the Vehicle is
collected and a reasonable time after the time nominated by You for its collection;
(d) Aussie Car Rentals repossesses the Vehicle; or
(e) where the Vehicle is lost, stolen or otherwise misappropriated, when the Police are
notified of same (being the time recorded on the Police Report of the incident)
(f) the Rental Period for any Accessories shall begin and end simultaneously with the
Rental Period for the Vehicle;
'Rental Wallet' means the document wallet presented to You at the time that the Form is
completed and signed and includes general information which is provided for Your assistance but
does not form part of the contract for the rental of the Vehicle;
'Resulting From' means resulting, whether directly or indirectly, irrespective of whether the
matter referred to is the sole or partial cause; and 'results in' and similar grammatical forms have
the corresponding meaning;
'Single Vehicle Accident' means an Accident not involving a collision between the Vehicle and
another vehicle, other than a parked vehicle;
'Vehicle' means the motor vehicle described on the Form, or any alternate motor vehicle that
Aussie Car Rentals supplies to You, whether as a replacement or otherwise, and includes all Vehicle parts,
tyres, tools (supplied with the Vehicle), and all other equipment in or fitted to the Vehicle by the
manufacturer; and
'Vehicle Condition Report' means the form labelled 'Vehicle Condition Report' given to You by
Aussie Car Rentals's representative at the time You rent the Veh