Car Beat Et Car & Scooter Rentals - Norfolk Island

TERMS AND CONDITIONS OF RENTAL AGREEMENT TO HIRE RENTAL VEHICLE
The Rental Agreement comprises these terms and conditions and the rental document setting out the hire details which is provided with each vehicle at the point of hire (referred to in these terms and conditions as the "Rental
Document"). The Rental Agreement is made between Car Beat Et (herein referred to as "the owner") and the person and/or company signing the Rental Document (herein referred to as "the hirer") whose particulars are
recorded in the Rental Document. It is hereby agreed as follows:
VEHICLE DESCRIPTION AND TERM OF HIRE
1. The owner will let and the hirer will take the motor vehicle, details of which are described in the Rental Document (herein referred to as "the vehicle"), for the term of hire as described in the Rental Document.
PERSONS WHO MAY DRIVE THE RENTAL VEHICLE
2. The vehicle may be driven during the term of hire only by the person/s named on the Rental Document or in a supplementary driver's sheet attached to the Rental Agreement, and only if they hold a current full valid driver's
licence appropriate for the vehicle while they are using the vehicle.
PAYMENTS BY HIRER
3. The hirer shall pay the owner for the hire of the vehicle the sum or sums specified in the Rental Document; and authorizes the owner to charge all amounts payable to the hirer's account. The hirer's account means a
nominated debit card, credit card, or pre-arranged charge account.
4. In addition to the payment specified in clause 3 above, the hirer acknowledges that they shall be liable at the end of the hire term to pay to the owner any applicable additional charges payable at the end of the term. These
include, but are not limited to:
a) charges for cleaning the vehicle's interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains,
and unpleasant odours including cigarette smoke $100;
b) charges for petrol or other fuel used (charged at the prevailing rate + $20 surcharge);
c) charges for damage to or repair of the vehicle up to $4800 (or $2500 if excess reduction chosen);
d) Replacement Keys - $150 (Std) $350 (Electronic); e) Flat Battery - $40; e) Locked keys in car - $40; g) Punctured tyres - $40; h) Towing fee (off road) - $100; i) Traffic infringement fees as issued.
5. The owner will charge the amounts set out in clauses 3 and 4 above to the hirer’s account during or after the term of hire is completed, or the hirer may pay such charges as agreed with the owner, such choice to be at the
owner’s sole discretion.
6. If the hirer fails to pay any money due under or in connection with the Rental Agreement within 14 days of the date by which the hirer was required to pay the money, the owner may, without prejudice to any other rights or
remedies the owner may have or be entitled to, charge the hirer and the hirer must pay all additional costs as outlined below: (a) interest at 10% (compounded daily) on the total amount owing from the expiry of 14 days from
the date on which the hirer was required to pay the money to the date of payment; (b) all costs incurred by the owner for the collection of the unpaid money by a debt collection agency or other external or legal agency; and (c)
an administration fee of $50.
USE OF THE VEHICLE
7. The hirer shall not:
a) use or allow the vehicle to be used for the transport of passengers for hire or reward b) sublet or hire the vehicle to any other person; c) allow the vehicle to be used outside his/her authority;
d) operate the vehicle or allow it to be operated in circumstances that constitute an offence against any Sections of the Road Traffic Act;
e) operate the vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them;
f) operate the vehicle, or allow it to be operated, in breach of the Road Traffic Act, or any other Act, regulations, rules or bylaws relating to road traffic;
g) operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the vehicle;
h) drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current full valid driver’s licence appropriate for the vehicle;
i) drive or allow the vehicle to be driven on any roads excluded in these terms and conditions, or on any beach, driveway, unsealed road or surface likely to damage the vehicle;
j) allow the vehicle to be driven by any person who is not named or described in the Rental Document as a person permitted to drive the vehicle;
k) operate the vehicle or allow it to be operated to propel or tow any other vehicle;
l) transport any animal in the vehicle (with the exception of guide dogs for visually impaired people);
m) operate or allow the vehicle to be used in involvement with any illegal activity; or
n) allow any person to smoke in the vehicle.
HIRER’S OBLIGATIONS
8. The hirer shall ensure that:
a) all reasonable care is taken when driving and parking the vehicle;
b) the water in the vehicle’s radiator and battery is maintained at the proper level;
c) the oil in the vehicle is maintained at the proper level;
d) only the fuel type specified for the vehicle will be used;
e) the tyres are maintained at their proper pressure;
f) the vehicle is locked and secure at all times when it is not in use and the keys kept under the hirer’s personal control at all times;
g) the distance recorder or speedometer are not interfered with;
h) no part of the engine, transmission, braking or suspension systems are interfered with;
i) should a warning light be illuminated or the hirer believes the vehicle requires mechanical attention, the hirer will stop driving and advise the owner immediately;
j) all drivers authorised to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement; and
k) any authorised driver carries their driver’s licence with them in the vehicle at all times and will produce it on demand to any enforcement officer.
OWNER’S OBLIGATIONS
9. The owner shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards. MECHANICAL REPAIRS AND ACCIDENTS
10. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the owner of the full circumstances by telephone immediately.
11. The hirer shall not arrange or undertake any repairs or salvage without the owner’s authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to
prevent further damage to the vehicle or to other property.
12. 24 Hour Roadside Assistance is free for all inherent mechanical faults (as determined by the owner or its authorised repairer) related to the vehicle specified in the Rental Document. For all other roadside assistance call
outs including refueling, jump start, tyre related incidents, lost keys and keys locked in the vehicle, a service fee will be charged.
13. If the vehicle requires repair or replacement, the decision to supply another vehicle to the hirer is at the owner’s sole discretion.
RETURN OF VEHICLE
14. a) The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental location described in the Rental Document or obtain the owner’s consent to the continuation of the hire (in which case the
hirer shall pay additional hire charges for the extended term of hire at the daily rate). If the hirer does not comply with this clause, and does not immediately return the vehicle, the owner may report the vehicle as stolen to the
Police and the hirer must compensate the owner for either the full cost of the vehicle, or all additional costs and losses incurred up to the time that the vehicle is recovered by the owner.
b) The hire vehicle must be available for collection at least 2 hours prior to scheduled aircraft arrival time. An extra day's charge will be applied for late return.
LIABILITY
15. The hirer is liable for:
a) any loss of, or damage to, the vehicle and its accessories;
b) any consequential damage, loss or costs incurred by the owner, including salvage costs, loss of ability to re-hire and loss of revenue; and
c) any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
INSURANCE
16. Car Beat Et has in place a Policy of Insurance with QBE Insurance Limited, providing limited cover for your liability as the hirer of the vehicle under this Hire Agreement. Insurance excess of $4800.00 is payable by the hirer for any damage to the vehicle. 21. An additional Damage Administration fee of
$75 will be applied for processing damage claims. This fee may be refunded if it is proven that the damage was not due to the hirer’s fault.

INSURANCE EXCLUSIONS
17.
a) at any time when the driver of the vehicle is under the influence of alcohol or any drug;
b) at any time when the vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the hirer or driver was aware or should have
been aware of the unsafe or unroadworthy condition of the vehicle;
c) at any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the vehicle. This exclusion also applies to damage to
the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the vehicle;
d) at any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;
e) at any time when the vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the vehicle (unless the hirer is a body corporate or Department of State and the driver is
authorised by them to drive, subject to all other terms and conditions in the Rental Agreement);
f) at any time when the vehicle is driven by an unlicensed person;
g) at any time when the vehicle is willfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer’s authority or control;
h) at any time when the driver commits a traffic offence while driving the vehicle;
i) at any time when the vehicle is loaded or is being loaded in excess of the manufacturer’s specifications;
j) at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
k) to any fine or penalty imposed as a result of prosecution for breach of any law;
l) to any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;
m) to any wear and tear to the vehicle;
n) to any liability for damage caused by vibration or the weight of the vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any
other underground installation.
o) to any overhead damage to the vehicle or to the property of any third party resulting from such overhead damage;
p) at any time when the vehicle was operated beyond the term of the Rental Agreement.
TRAFFIC OFFENCES
18. All penalties related to traffic and/or parking offences are the responsibility of the hirer and the owner may charge the hirer’s credit card for any traffic and/or parking offence
infringement fees incurred by the hirer. The owner undertakes, in the event that the owner receives notice of any traffic or parking offenses incurred by the hirer, to send a copy of any such notice to the hirer as soon as is
practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the hirer. The hirer has the right to challenge, complain about, query or object to the alleged offence to the
issuing enforcement authority and has a right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).
The owner may also charge an administration fee of $30 to cover the cost of processing and sending to the hirer notices related to traffic and/or parking infringements. CANCELLATION OF HIRE AGREEMENT
19. The owner has the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged. The termination of a hire
under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Rental Agreement or otherwise.
PRIVACY ACT
The information requested from the hirer is to enable the owner to assess the hirer’s request to hire a vehicle. The hirer does not have to supply this information, but if the hirer does not, then the owner is unable to hire the
vehicle. The hirer acknowledges that the owner will collect, hold and use the hirer’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing
and assessing customer satisfaction with products and services provided by the owner. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer
defaults in the payment of any monies owing to the owner, or other parties involved in an accident with the vehicle while on hire to the hirer; or any organisations responsible for the processing or handling of traffic related
infringements; and the hirer hereby authorises the disclosure of their personal information for such purposes.