Terms and Conditions

1. INTERPRETATION
1.1 Unless inconsistent with the context:

       Agreement - means and includes the Schedule and these terms and conditions of sale;

       Authorised Driver means the additional driver(s) identified in the Schedule;

       Collection Address means the address at which the Hirer must collect the Vehicle as specified in            the Schedule;

       Company - means R & K Whitsundays Pty Ltd ACN 664 918 914;

       Daily Charge means the daily charge for hire of the Vehicle specified in the Schedule;

       Electronic Signature means an electronic method of signing that identifies the person and                      indicates their intention to sign the Agreement;

       Excess means the insurance excess specified in the Schedule;

       Hirer means the person(s) identified as the primary driver in the Schedule who has entered into                this Agreement;

       Personal Information means the Hirer’s personal information including but not limited to the                  Hirer’s name, address, driver licence details, contact details, bank account and credit card details;

       Relocation fee is a reference to the Company’s charge for having to collect the Vehicle from a                    location other than the Return Address;

       Return Address means the address at which the Hirer must return the Vehicle as specified in the            Schedule;

       Return Date means the date of expiry of the hire of the Vehicle and the date the Hirer must return          the Vehicle to the Company as specified in the Schedule;

       Rental Period means the rental period specified in the Schedule including any additional period              between the Return Date and the actual date of return of the Vehicle to the Company;

       Schedule means the schedule of hire details contained at the first page of this Agreement;

       Start Date means the date of commencement of the hire of the Vehicle as specified in the                          Schedule;
       Unauthorised Area means:

            (a) a road or thoroughfare which is not properly formed and constructed as a sealed,                                          metalled  or graded gravel road;

            (b) beaches, waterways and flood waters;

            (c) sand, snow or above the snow line;

       Unauthorised Driver means any driver of the Vehicle other than the Hirer or an Authorised Driver;

       Vehicle means the hired vehicle identified in the Schedule (and any substitute vehicle) and                        includes its parts, components, accessories and contents;

1.2 For the purpose of this Agreement and unless inconsistent with the context:

       (a) words importing the singular include the plural and vice versa;

       (b) words importing a gender include every gender;

       (c) reference to a party shall include their respective representatives, successors, assigns and                            transferees (as the case may be);

       (d) an covenant or agreement made by two or more persons binds them jointly and severally;

       (e) reference to a party shall mean and include the party’s agents and contractors;

        (f) no provision of this Agreement shall be construed to the disadvantage of the Company                                merely  because it drafted the Agreement;

       (g) reference to a person includes a company or other legal entity.

2. Hire

2.1 The Company agrees to hire to the Hirer the Vehicle on the terms set out in the Schedule and                    these Terms and Conditions.

2.2 The Company will use its best endeavours to ensure the Vehicle is available to the Hirer during the          Rental Period but will not be liable for any loss or damage of any kind whatsoever in the event the          Company is unable for whatsoever reason to provide the Vehicle during the Rental Period.

3. Driver

3.1 The Hirer acknowledges, warrants and agrees that:

        (a) only the Hirer and the Authorised Driver are permitted to drive the Vehicle;

        (b) the Hirer and the Authorised Driver:

                (i) are at least 21 years of age;

                (ii) hold a valid and current driver licence (excluding a learners or provisional licences) to drive                          the Vehicle;

                (iii) have held such licence for at least 12 months prior to the date of this Agreement;

                (iv) have not had their driver licence cancelled or suspended within the last 3 years;

3.2 The Hirer is responsible for the acts and omissions of each Authorised Driver and any other person the Hirer or an Authorised Driver allows to drive the Vehicle.

4. Use of Vehicle

4.1 The Hirer and any Authorised Driver must:

        (a) not drive the Vehicle whilst under the influence of alcohol or drugs contrary to the laws of the                    place in which it is driven;

        (b) not use the Vehicle to tow or push anything;

        (c) not carry more passengers than there are seat belts available;

        (d) not carry a greater load than specified in the Vehicle’s manual;

        (e) not use the Vehicle to carry passengers for payment or reward of any kind;

        (f) not use the Vehicle when it is damaged or unsafe to do so;

        (g) not use the Vehicle to transport goods, except in compliance with all relevant laws and in                            accordance with the Vehicle manufacturer's recommendations;

        (h) not use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C                    or any other explosive or corrosive substances;

         (i) not use the Vehicle contrary to law;

         (j) pay for all parking, traffic infringements and tolls incurred during the Rental Period;

         (k) not without the Company’s consent carry any animal or pet in the Vehicle;

         (l) not smoke in the Vehicle.

5. Maintenance, Security, Cleaning & Safety

5.1 The Hirer 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 the Hirer’s or Authorised Driver’s personal control                  at all times;

          (c) comply with all seat belt and child restraint laws;

          (d) not service the Vehicle or have repairs to the Vehicle carried out without the Company’s                              consent. Where authorised all repairs must be verified by a Tax Invoice from the repairer                              before  reimbursement;

          (e) return the Vehicle in the condition as at the start of the hire period failing which the Hirer will                    be responsible for the cost of professional cleaning including where necessary odour removal                    and pet hair removal. The Hirer acknowledges that the Vehicle was in a clean and tidy                                  condition at the start of the hire period.

6. Loss & Damage

6.1 Subject to the following provisions of this Part the Hirer is liable for, and indemnifies the Company          from and against:

         (a) the loss of or damage to the Vehicle (including but not limited to hail or storm related damage                  and theft);

         (b) damage to property of any other person which is caused or contributed to by the use of the                      Vehicle by the Hirer, an Authorised Driver or any other person;

         (c) injury to any other person which is caused or contributed to by the use of the Vehicle by the                      Hirer, an Authorised Driver or any other person.

6.2 The Company will waive the Hirer’s liability under the previous clause provided:

         (a) the Hirer pays the Excess for each separate event involving damage to or loss of the Vehicle or                  the property of any other person;

         (b) the Hirer is entitled to be indemnified under the policy of insurance for the Vehicle.

6.3 The waiver mentioned in the previous clause does not apply to:

         (a) the cost of rectifying any tyre damage not attributable to normal wear and tear;

         (b) the cost of repairing any damage caused deliberately or recklessly by the Hirer or any other                        driver of the Vehicle or a passenger;

         (c) loss of or damage to the Vehicle or property of any other person caused while the Vehicle is                        being driven in an Unauthorised Area;

         (d) overhead or roof damage;

         (e) underbody damage;

         (f) theft of the Vehicle unless it is reported to the police as stolen immediately the theft is                                  discovered;

         (g) damage to the Vehicle caused by a breach of this Agreement;

         (h) damage due to the Vehicle being refuelled with fuel other than that recommended by the                        Vehicle manufacturer;

          (i) loss or damage caused by an Unauthorised Driver.

6.4 For the purposes of the previous clause the Hirer must pay for any damage or repair that may be              reasonably determined by the Company including but not limited to:

         (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, towing, storage and recovery costs;

         (c) a reasonable administrative fee reflecting the cost of making arrangements for repairs and                        towing and other administrative activities; and

        (d) a per day loss of use fee based on the estimated downtime of the Vehicle.

6.5 The Hirer must pay the Excess on demand by the Company.

6.6 The Company will refund the Excess paid by the Hirer if it is recovered from an at fault third party.

6.7 The Hirer is entitled to inspect the Vehicle for damage prior to commencement of the hire and                identify any damage on the diagram at the end of this Agreement. Any damage to the Vehicle                  evident on return of the Vehicle not disclosed on the Schedule will be presumed to have occurred            during the Rental Period.

7. Return of Vehicle

7.1 The Hirer must return the Vehicle to the Company:

         (a) to the place, on the date and by the time specified in the Schedule (or sooner if required                              pursuant to the following provisions of this Part) failing which additional hire charges may be                    incurred as specified in the Schedule (references to 1 hr, 2 hr and 3 hr means more than 1 hour,                  2 hours and 3 hours respectively after the allocated return time);

         (b) during the Company’s normal business hours;

         (c) in the same condition as it was at the commencement of the Rental Period, fair wear and tear                  excepted;

         (d) with a full tank of fuel (or otherwise pay to the Company the cost to refuel the Vehicle, as                            reasonably determined by the Company, at the rates specified in the Schedule).

7.2 The Company may request the immediate return of the Vehicle and/or may re-take possession of            the Vehicle without notice, if the Company reasonably suspects that:

        (a) the Hirer has breached the Rental Agreement;

        (b) damage to the Vehicle, or injury to persons or property is likely to occur; 

        (c) the Vehicle may be used for an unlawful purpose.

7.3 The Hirer must pay the Company any costs it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.

8. Accidents

8.1 Where the Vehicle is involved in an accident or claim, or where damage or loss is sustained to the            Vehicle or any third party property, the Hirer and/or any Authorised Driver must:

         (a) promptly report the incident to the police;

         (b) promptly advise the Company in writing of details of the incident including if requested                              provision of a statement and provide such assistance as may be reasonably required in                                relation  to all proceedings in relation to the incident;

         (c) not, without the Company’s written consent, make or give any settlement offer, compromise,                    release, indemnity or admission of liability;

         (d) permit the Company or its insurer to bring, defend, enforce or settle any legal proceedings by                    or against a third party in the Hirer’s name.

9. Charges

9.1 At the commencement of the Vehicle hire the Hirer agrees to pay the Company:

         (a) the Daily Charge for the Rental Period, which is non-refundable;

         (b) a Security Deposit specified in the Schedule to be applied towards any other charges or                              amounts payable by the Hirer under this Agreement. Any surplus will be refunded to the Hirer.

9.2 At the end of the Rental Period, the Hirer must pay the Company on demand for:

         (a) all charges specified in the Schedule and the provisions of this Agreement;

         (b) additional hire charges at the Daily Charge if the Vehicle is returned after the Return Date;

         (c) any amount paid or payable by the Company or the Hirer to any person arising out of the                            Hirer’s or Authorised Driver’s use of the Vehicle or imposed on the Hirer or the Company by                       any government or other competent authority (e.g. speeding, parking and traffic fines and toll                   charges);

         (d) any amount for which the Hirer is liable under this Agreement;

         (e) credit card payment surcharges;

          (f) interest at the rate of 10% p.a. on any outstanding amount payable under this Agreement to                      the date of payment;

         (g) any legal or recovery costs incurred by the Company in recovery from the Hirer of any amount                  payable under this Agreement on an indemnity basis.

9.3 Distance charges, if any, are measured by reference to the Vehicle's odometer.

9.4 The Hirer authorises the Company to charge all amounts payable to the Company under this Agreement to the Hirer’s nominated credit card, debit card or bank account.

10. Termination

10.1 Either party may terminate this Agreement at any time by written notice if the other party commits a material breach of the Rental Agreement.

11. Risk

11.1 The Hirer and any Authorised Driver operates the Vehicle at their own risk and the Hirer indemnifies the Company from and against any liability of whatsoever nature arising in relation to such operation including but not limited to:

          (a) personal injury;

          (b) property damage, theft or loss of property left in the Vehicle.

12. Privacy

12.1 The Hirer consents to the Company collecting the Hirer’s Personal Information incidental to this Agreement.

12.2 If the Hirer defaults under this Agreement the Company may give the Hirer’s personal details to a credit reporting agency.

13. Implied Terms

13.1 Except as required by statute, all implied conditions and warranties in relation to the Vehicle and its hire are hereby excluded.

13.2 Subject to the extent that such conditions and warranties cannot be excluded by statute, the Customer’s sole and exclusive remedy for any breach of a condition, warranty, undertaking or alleged defect in the Vehicle shall be limited to refund of the hire charges.

13.3 Except as required by statute (where such liability cannot be contracted out of), the Company shall not be liable for any direct, indirect or consequential loss or damage caused to the Hirer or an Authorised Driver which is alleged to arise out of the negligence, misrepresentation or breach of contract of the Company, its employees or agents. 

14. Consumer rights

14.1 The Hirer has certain rights under consumer protection legislation, including the Australian Consumer Law (Consumer Rights). Nothing in this Agreement excludes or limits the Hirer’s Consumer Rights, or any other rights or remedies the Hirer has that cannot be excluded or limited at law, except and then only to the extent that the law allows the Consumer Rights or those other rights or remedies to be excluded or limited.

15. Waiver & Variation

15.1 A provision of or a right under this Agreement may not be waived or varied except in writing signed by the party waiving the provision or right and the waiver of a breach shall not be deemed a waiver of any other or subsequent breach.

16. Severance

16.1 If any term or condition herein would render this Agreement ineffective, void, voidable, illegal or unenforceable that part shall without in any way affecting the validity of the remainder of this Agreement, be severable here from and the Agreement shall be read and construed and take effect for all purposes as if that part were not contained herein.

17. Law

17.1 This Agreement shall be governed and construed according to the laws of Queensland and the parties submit to the jurisdiction of the Courts in Queensland.

18. Notices

18.1 All notices between the parties shall be considered to have been sufficiently delivered if posted, emailed or faxed to the address or number of the other party as set out in the Schedule or any other address or number advised by the party.

19. Whole Agreement

19.1 This Agreement comprises the whole agreement between the parties and the Hirer warrants that it has not been induced to enter into this Agreement by any representation (verbal or otherwise) made by or on behalf of the Company unless the representation is set out in this Agreement.

20. Electronic Signing 

20.1 If this contract is signed by any person using an Electronic Signature, the parties:

         (a) agree to enter into this Agreement in electronic form; and 

         (b) consent to either or both parties signing the Agreement using an Electronic Signature.