RENTAL AGREEMENT FOR HIRE
The Rental Agreement (“Rental Agreement”) between Hire A Kombi 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:
” Authorised Driver / Joint Renter” means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.
” Hire A Kombi” means Rental Car Company Name ABN 53 162 075 701
” 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 Hire A Kombi;
” 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 Hire A Kombi;
” You” or “Your” refers to the person(s) with whom the Rental Agreement is made.
“Your Consumer Rights” means Your rights as a consumer under applicable consumer protection legislation, including the Trade Practices Act 1974 (Cth), which cannot be excluded, restricted or modified by this Rental Agreement.
1 You agree and acknowledge 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.
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 Hire A Kombi, drive or take the Vehicle:
(a) to Queensland, Northern Territory and Western Australia
(b) on beaches, through streams, rivers, creeks, dams or floodwater’s
(c) above the snow line in Tasmania, New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September; unless authorised by Hire A Kombi and undergone snow chain fitting lessons.
USE OF THE VEHICLE
3.1 You and any Authorised Driver must:
(a) NOT SIT ON THE ROOF unless have written permission by Hire A Kombi
(b) NOT drive over 200km in each day of your hire unless in written agreement by Hire A Kombi otherwise they can take the Vehicle off you.
(c) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(d) not allow the Vehicle to be used to tow or push anything;
(e) 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;
(f) 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;
(g) not allow the Vehicle to be used to carry passengers for payment or reward of any kind;
(h) not use the Vehicle when it is damaged or unsafe;
(i) 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 Hire A Kombi’s recommendations;
(j) 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;
(k) not, without Hire A Kombi’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
(l) not use the Vehicle in contravention of any law.
(m) MUST fuel the vehicle with Unleaded 98 or Unleaded 95 if this isn’t available. You must notify Hire A Kombi Pty Ltd if these options aren’t available as it has and can ruin the vehicles engine.
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 Hire a Kombi have so directed You and any Authorised Driver.
MAINTENANCE, SECURITY AND SAFETY
4.1 You and any Authorised Driver must:
(a) maintain the Vehicle’s engine oils to Hire A Kombi’s specifications, as set out at the time of rental.
(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 have repairs to the Vehicle carried out unless Hire A Kombi authorises You to do so.
Hire A Kombi requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Hire A Kombi.
Hire A Kombi 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 you cannot verify the cost of repairs, Hire A Kombi will not reimburse You.
LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5,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 Hire A Kombi 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 (currently not available); 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 the use of the Vehicle by You or an Authorised Driver,
HIRE A KOMBI:
(c) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle; and
(d) 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 of $2000 for drivers 25 years of age and over and $5000 for drivers 21-24 years of age, also 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:
(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 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 under body damage, and any resulting damage from that under body damage, to the Vehicle.
5.4 For the purposes of this clause 5, the amount You must pay for any damage or repair that may be reasonably determined by Hire A Kombi and 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 Hire A Kombi and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, Hire A Kombi will refund the difference to You.
RETURN OF VEHICLE
6.1 You must return the Vehicle to Hire A Kombi:
(a) to the place, on the date and by the time shown on the Rental Document;
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
6.2 You must return the Vehicle to a Hire A Kombi location during our normal business hours, unless authorised by Hire A Kombi. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges of $50 per hour.
(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 Hire A Kombi standard rate for the Vehicle for the Rental Period.
6.4 Hire A Kombi may request the immediate return of the Vehicle, or Hire A Kombi may re-take the Vehicle without notice, if Hire A Kombi 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; and
(d) the Vehicle may be used for an unlawful purpose;
You must also pay Hire A Kombi 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 Hire A Kombi reserves the right to refuse hire of another vehicle to Your following any incident or accident or where You have breached a condition of this Rental Agreement.
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 by phone then in writing to Hire A Kombi;
(c) not, without Hire A Kombi’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Hire A Kombi 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 Hire A Kombi 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, Hire a Kombi in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Hire A Kombi;
(f) complete and furnish to Hire A Kombi within a reasonable time any statement, information or assistance which Hire A Kombi or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
8.1 At the end of the Rental Period, You must pay Hire A Kombi 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 Hire A Kombi or You to any person arising out of Your use of the Vehicle or imposed on You or Hire A Kombi by any governmental or other competent authority including Tolls (such as speeding, parking and traffic fines); and
(c) any amount for which You are liable to Hire A Kombi 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 kilometres driven during the Rental Period.
8.3 Distance on the odometres will be calculated on return, please notify Hire A Kombi how far you plan to travel.
8.4 You authorise Hire A Kombi to charge all moneys payable to Hire A Kombi under the Rental Agreement to Your credit card or charge account.
8.5 Hire A Kombi will pay any refund due to You by such method as Hire A Kombi may reasonably choose.
8.6 You MUST pay a $250 non-refundable booking deposit for each kombi hired and if you are hiring for 1 or more weeks you MUST pay $250 for each week of hire, eg 3 weeks = $750 deposit and the remaining full rental amount within 6 weeks of your travel date.
LIABILITY OF HIRE A KOMBI
9.1 Unless it is negligent Hire A Kombi is not liable to any person, and You indemnify Hire A Kombi, 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 Hire A Kombi.
9.2 Neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) (“the TPA”) or any other State or Territory legislation to the same effect.
9.3 If Your Rental Agreement is a contract for the supply of “recreational services” as defined by section 68B of the TPA or any comparable legislation, Hire A Kombihas no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by Hire A Kombi of any term implied by section 74 of the TPA or any comparable legislation.
10.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
10.2 You may terminate the Rental Agreement at any time for any other reason.
10.3 If the Rental Agreement is terminated early for any reason other than a breach by Hire A Kombi, You agree to pay administration fees of $100, if 21 days prior to rental date, 50% of entire rental amount if between 7 days and 21 days and no refund will be given for cancellations within 7 days of rental date, unless authorised by Hire A Kombi. If YOU do not show up to hire the vehicle, Hire A Kombi will release the vehicle for renting after day 3 of the rental date.
10.4 You the customer MUST call CityLink or Eastlink when passing through Toll Zones. Failing to do so will result in administration fees from the Government and from Hire A Kombi Pty Ltd. We will charge your credit card if you fail to pay.
Prerequisite: Must relax and have responsible fun in our Kombi’s!