RENTAL AGREEMENT — TERMS AND CONDITIONS

1. IN THIS AGREEMENT THE FOLLOWING EXPRESSIONS SHALL HAVE THE FOLLOWING MEANINGS),
(a) "The Owner" means Aussie Car Rentals, its license Holders agents.
(b) "The Renter" includes any person or persons who sign this agreement, any person whose agent signs this agreement.
(c) "The Vehicle" means the Vehicle described on the face hereof or any replacement Vehicle provided by the owner to the Renter
(d) "Damage to the Vehicle" means the Vehicle described on the face hereof or any replacement Vehicle provided by the owner to the Renter

2. WARRANTIES BY THE CUSTOOMER
The Renter warrants that.
(a) Holds a current Motor Vehicles License valid at the place of rental to the period of the rental and that the said is covered for the class of Vehicle rented.
(b) The Renter warrants
(i) Has not been refused Motor Vehicle Insurance.
(ii) Has not been convicted of any offence relating to driving a Motor Vehicle under the influence of Liquor or Drugs.
(c) The Renter warrants all particulars shown on the face hereof as to the name, address, age, date of birth, occupation and the like of the Renter are correct. The Renter acknowledges that the owner relies on the truth of these representations and that the owner agreed to enter into this agreement on the basis of these representations being correct.

3. RETURN OF VEHICLE
(a) Vehicle is the property of The Owner and the vehicle will be returned in the same condition as when received ordinary Wear and tear excepted to the place specified overleaf on the due back date specified or sooner if demanded by the Owner.
(b) The rental period hereunder together with all obligations under this Agreement including liability for all damage to and loss and expense in connection With Vehicle shall remain in force until the custody of Vehicle is accepted by an employee of the Owner even though the Owner may have consented to the alteration of the place for return or collection of Vehicle.
(c) The Renter expressly agrees for the purposes of sub-paragraphs 3 (a) and
(d) Hereof that the Renter shall be personally responsible for and attend to the return of the Vehicle.

4. TERMINATION
This Agreement shall terminate forthwith at the discretion of the Owner if
(a) Any of the particulars furnished by the Renter on the face hereof are false or misleading or,
(i) The conduct of the Renter is in the reasonable opinion of the Owner prejudicial to Vehicle or the Owner rights under this agreement, or
(ii) Renter fails to return Vehicle to the Owner within four (4) hours from the due time, for such return incur need of proof of any extension of the time for such return being done by the Renter.
(b) Upon termination as referred to in Clause 2 hereof the Owner shall have the following rights:
(i) To seize and take possession of Vehicle and for that purpose to break open or remove any outer or inner gate door fastening or any other obstruction Without liability to any action for trespass or other proceedings for so doing, and
(iii) To commence legal proceedings against Renter for all monies due and owing hereunder, such monies to include any costs to the Owner of seizing and taking possession of the Vehicle, and
(iv) in the circumstances referred to in Clause 2 (ii) to report Vehicle as having been stolen to any police officer in Australia or elsewhere and to make or swear a complaint to that effect before any Justice and or to advertise Vehicle as having been stolen, in newspapers and elsewhere,
(v) Customer hereby indemnifies and agrees to indemnify the Owner against any claims actions proceedings costs losses or expenses arising from or relating to the seizing and taking of possession of the Vehicle or the advertising of Vehicle as having been stolen and in the latter case such indemnity shall extend to and include the publisher of any such advertisement.

5. USE OF VEHICLE
Customer and any other driver shall at all time use and drive Vehicle in accordance With the following:
(a) Vehicle must not be used or driven in any manner which will render the Owner insurance void (see Terms and Conditions at 9 (f) below).
(b) Vehicle must not be used for the conveyance of passengers for hire fare or reward.
(c) Vehicle must be adequately secured when not in use. Renter admits it and shall be prima facie evidence that the Vehicle was not so secured if it moves from the place upon which it was parked whilst Renter or driver was not in control of the Vehicle.
(d) Sufficient oil must be kept in the engine sump, gear box and rear axle and sufficient Water in radiator.
(e) The tyres must be kept properly inflated.
(f) The odometer must not be interfered with, damaged or disconnected. In the event that the odometer of the Vehicle is tampered with or its seal disconnected then the kilometer to be charged shall be deemed to be 400 per day at 20c per kilometer, irrespective of agreed rate at the time of rental.
(g) Vehicle must not be used or driven in contravention of the provisions of the Road Traffic Act and the Motor Vehicles Act of the State of South Australia or any corresponding enactment or ordinance in the other States or Territories of the Commonwealth of Australia and must not be taken outside of the Commonwealth of Australia.
(h) Vehicle must not be used or driven so as to cause overhead damage to the Vehicle or any property. Overhead damage shall mean any damage occurring upon impact with any overhead wires, cobles, bridges, overhead passes, a wings', verandahs, trees, tree branches, overhead structures or any overhead
obstruction of whatever nature and shall also occur on standing and sitting on or placing objects on roof of Vehicle,
(i) Vehicle must not be driven on other than seated roads, if Vehicle is driven on other than sealed roads Renter shall be liable for the cost of rectifying all tyre damage not attributable to normal road Wear and tear,
(ii) The cost of rectifying of all undercarriage damage.
(iii) The cost of repairing all body damage unless such damage can be attqbuted to a specific accident on sealed roads.
(iv) The Renter will be responsible to the Owner for payment of any damage inflicted to all glass and plastic components e.g. windscreen, side windows, headlights, lights etc. and additionally for any tyre blowouts, punctures however caused and or miscellaneous scratching, dents or other damage caused to the vehicle or its upholstery fair wear or tear accepted.
(v) All other costs and expenses for which Renter is liable under Clause 9 hereof.

6. PAYMENT BY CUSTOMER
(a) Renter will pay the Owner on demand all time and kilometer service or other charges applicable to this Rental Agreement.
(b) The person signing this Agreement remains primarily liable for all payments and charges hereunder and if such person has directed the billing for such payments and charges to be transmitted to another person firm or corporation which upon so being billed has failed to make payment, then the person so signing shall upon demand promptly pay such payments and charges.
(c) the Owner may charge Renter interest at the rate of 18% per annum calculated on a daily basis on ail outstanding accounts or charges payable in accordance With this Agreement, such interest to be computed from the date Vehicle is returned shown on the face hereof.
(d) Unless customer is indemnified for loss or damage to the Vehicle by the Owner insurance herein provided then Renter shall pay the Owner a sum equal to the amount of cost of all loss and damage caused to or in connection With Vehicle during the rental period, such loss to include loss of rental income of the Owner.
(e) In the event of an accident occurring where the Renter is liable for repairs, damage or loss, they will also incur an extra amount/charge relating to damages for loss of rental income for period of time whilst vehicle is being repaired, not exceeding 60 days. This amount will be calculated at 80% of the daily rate shown on the reverse side of this agreement.

7. DAMAGE PROVISION
(a) In the event of any loss or damage to or fault occurring in the Vehicle Renter may forthwith
(i) Inform the Owner of such loss damage or fault; and
(ii) Cease to use Vehicle until such loss damage or fault has been repaired or corrected.
(b) In the event that Vehicle is involved in an accident Renter or the driver of Vehicle at the time of the accident shall, unless unable by reason of personal injury, as soon as practicable and Within 24 hours report the accident at the Police Station nearest to the scene of the accident except where particulars of the accident have already been given by Renter or such driver to a member of the Police Force or where the accident involves only property damage to the extent of not more than $500.00.
(c) Renter shall at the request and cost of the Owner do and concur in doing and permit to be done in his name or otherwise all such acts and things as may be necessary or reasonably required by the Owner for the purpose of enforcing any rights or remedies of obtaining relief of indemnity from other parties in respect of any loss or damage to or in connection With Vehicle and the Owner shall give credit to Renter for any sums recovered from such other parties under this clause against any liability of Renter to the Owner for the same loss or damage.
(d) Renter agrees and acknowledges that Renter has possession of the Vehicle at all times as a bail for reward and Will be strictly liable for any damage or loss caused to the Owner under such bailment and shall exercise the highest possible standard of care With respect to the Vehicle.

8. WARRANTIES
The Renter warrants that:
(a) The Renter is over the age of 21 years.
(b) The Renter holds a current license valid in the State of South Australia for the type or class of vehicle rented.
(c) That all particulars in this document are correct and the Renter acknowledges that the Owner relies on the truth of these representations.
(d) Before signing this Agreement the Renter has examined the Vehicle and has satisfied himself as to its condition safety suitability and roadworthiness for the Renters purpose and agrees that no Warranty condition description or representation on the Owners part is given other than such as are contained in this Agreement.

9. MISCELLANEOUS
It is expressly agreed that the Owner shall not be liable for loss of or for damage to any property left or stored by Renter or any other person in or upon Vehicle whether during the rental or on return thereof to the Owner and Renter expressly Waives any and all claims for such loss or damage against the Owner and agrees to hold the Owner harmless from and indemnified against any such claims.
(a) the Owner shall not be under any liability of any nature whatsoever to Renter or any other person for loss, damage, delay or injury resulting from breakdown, mechanical defect or accident or by reason of Vehicle being unsuited for the purpose of the Renter.
(b) Neither Renter nor any driver of Vehicle shall be deemed the agent servant or employee of the Owner at any time or in any manner or for any purpose whatsoever.
(c) Without limitation of any general obligations or responsibilities imposed by other provisions of this Rental Agreement all traffic offenses or violation of any kind whatsoever involving Vehicle before its return to the Owner or the responsibility either of Renter or any other driver in charge of Vehicle at the time such offense or violent is committed and Renter shall be responsible for any fine or other penalty enacted for such offense or violation.
(d) The Owner may extend the term of this Agreement (being the term set out on the face hereof or, in the absence of such term, 30 days) in which case the Renter shall be bound by the terms and conditions hereof for such extended term which may be evidenced by further unsigned rental agreements issued by the Owner with the exception of those alterations and amendments of which the Owner notifies the Renter which alterations and amendments shall be incorporated herein as at the date of commencement of the extended term.
(e) No right of the Owner under this Rental Agreement may be waived except by a written instrument duly signed by a Director, Company Secretary or the Owner.
(f) Section headings appearing herein are for clarification purposes only and do not form part of the terms and conditions of rental.

10. DAMAGE INSURANCE
The Owner insurance will relieve Renter of all liability for loss and damage, subject to the excess provision provided below, and unless excluded by one or more of the following EXCLUSIONS:
(a) Where Vehicle is used or driven in violation of any of the terms of the Agreement, including authorized area of use.
(b) Where Vehicle is used or driven by any person who is not a duly licensed driver or whose license has been endorsed, or by any other driver or Renter who has given a fictitious or false name or address or false age, or by any person while under the influence of intoxicants or narcotics.
(c) Where Vehicle is used or driven for the carriage of passengers for hire or reward for any illegal purpose in any race, speed test or contest, to propel or tow any vehicle or trailer, for driving tuition or for the carriage of a greater number of passengers and or a larger load than recommended by the manufacturer.
(d) Where Vehicle is used or driven by any person who has ever had a motor proposal or insurance declined, cancelled or refused renewal or special terms imposed which in the reasonable opinion of the Owner indicates that the risk of loss or damage to Vehicle is substantially increased by having been driven by such person.
(e) Where Vehicle is used or driven by any person other than Renter who signed the Rental Agreement and any person nominated by Renter and approved by the Owner.
(f) Where Vehicle is returned to the Owner With interior damage.
(g) Where Vehicle is used for the carriage of explosives or flammable liquids.
(h) Theft of Vehicle Where Renter does not return keys of Vehicle to rental station.
(i) Where Vehicle is driven into hazardous conditions, such as flood, bush fire, etc.
(j) Vehicle used or driven in breach of Term 4.
(k) Renter does not comply With Terms 9 or 10.
(I) The Renter will provide his own personal accident insurance and that of his passengers and the Renter hereby agrees to indemnify and will keep indemnified the Owner of any responsibilities with regard to any injuries caused to the Renter or his passengers.
(m) In the event that damage is not covered or not fully covered in the Terms of the agreement, the Renter agrees to indemnify the Owner against all claims by any party for damage suffered as a result of
any accident involving the Vehicle, whether as a result of the Owner's negligence of howsoever caused including third party claims.
(n) In the case of joint hiring, hirers shall be
(i) Jointly and separately liable in respect of all conditions of this agreement.
(ii) Where the context permits word importing the masculine gender shall also include the feminine gender and words importing singular shall include the plural.

11. EXCESS PROVISION
Renter shall be responsible for the first amount of loss or damage arising from each and every accident.
(a) In the event of any accident involving Vehicle Renter or any driver of the Vehicle must make no admission of liability and must obtain Witnesses names if possible. Renter or driver must immediately deliver to the station from which Vehicle is rented every summons, Writ, pleading or paper of any kind relating to any and all claims, suits and proceedings received by Renter or driver. Renter or driver shall not in any manner aid or abet any claimant but shall cooperate fully with the Owner in all matters connected with the investigation and defense of any claim or suit.

12. OWNER'S LIABILITY
The Owner shall not be under any liability
(a) To the Renter for any loss or damage for delay through breakdown, mechanical defect or accident, or be reason of the Vehicle being unsuitable for the purpose of the Renter or
(b) To any person whomsoever, for any loss or damage to any property stolen from the Vehicle, or damaged or otherwise lost during the hiring, or theft in the Vehicle after the return of the Vehicle to the Owner and the Customer hereby agrees to indemnify and keep indemnified the Owner in respect of all claims demands and actions brought against the Owner in respect thereof.

Signed Renter agrees to PROHIBITED ZONES $1, 000 SURCHARGE PENALTY.
THE CUSTOOMER AGRFES NOT TO USE THE VEHICLE IN THE FOLLOWING PROHIBITED AREAS: Flinders Ranges, Kangaroo Island.
I/We the Renter/s agree and accept having read, understood and received a copy of rental agreement within Terms & Conditions of the contract and contents within this agreement.