TERMS AND CONDTIONS OF HIRING AGREEMENT
1 This agreement is made between the party described on the front of this form (“The Hirer”) and Koala Car Rentals Pty Ltd ABN:21 831 503 788 of 41 Sir Donald Bradman Drive Mile End, South Australia 5031 (“The Owner”)
2 The hirer shall hire from the owner the vehicle described on the front of this form (“The Vehicle”) for the rental and costs described on the front of this form and upon the terms and conditions appearing below.
3 IN THIS AGREEMENT THE FOLLOWING WORDS HAVE THE FOLLOWING MEANINGS:
3.1 “Insurance” means the policy of insurance in relation to the vehicle in the name of the owner for the purpose of covering any damage to the third party property caused by the vehicle.
3.2 “Period of Hire” means the period commencing on the date the Hirer takes possession of the vehicle and concluding when the Vehicle is returned to the Owner.
3.3 “State” means the State of South Australia.
3.4 “Vehicle” means the motor vehicle and or trailer described on the front of this form and includes all tyres, tools, spare parts, accessories and safety equipment supplied with the Vehicle.
3.5 References to persons shall include corporations, references to the singular shall include the plural and vice versa.
3.6 Where there is more than one Hirer or where there is a joint Hirer the term “Hirer” shall include such persons both jointly and severally.
4 THE HIRER PROMISES TO THE OWNER THAT:
4.1 The Hirer is over the age of 21 years.
4.2 The Hirer holds a current driver’s license valid in the state for the type of class of Vehicle hired, or an International Driving Permit.
4.3 All particulars shown on the front of this form concerning the Hirer are correct and the Hirer acknowledges that the Owner relies on the truth of those particulars in deciding whether to hire the vehicle to the Hirer.
4.4 Before signing this Agreement the Hirer has examined the Vehicle and is satisfied concerning it’s condition, safety, suitability and road worthiness for for the Hirer’s purpose and agrees that no warranty or representation is given by the Owner concerning the Vehicle other than those contained in this Agreement or implies by law.
5 THE HIRER AGREES:
5.1 To pay the charges and costs specified on the front of this form for the period of hire.
5.2 That payment shall be made in full by credit card at the beginning of the hire period unless the Owner agrees to accept payment by cash.
5.3 The Hirer may be charged a fee for any cheque used for payment that is dishonoured.
5.4 That if the Owner makes any error or omission in calculating the total charges due at the end of the period of hire then the Owner may make further demand on the Hirer for payment and the Hirer agrees to pay any such charges immediately on receipt of the demand.
5.5 That if the Hirer uses a credit card to pay the charges the Hirer authorizes the Owner to reserve credit with the card issuer in an amount equal to all estimated hire charges and acknowledges that the Owner may debit the Hirer’s account with any charges incurred under this Agreement.
6 THE HIRER AGREES THAT DURING THE PERIOD OF TIME:
6.1 No person other than the Hirer is authorized to drive the vehicle.
6.2 If the vehicle is damaged or suffers a mechanical breakdown such that further use may cause injury or damage to any person or property, the Hirer shall not use the Vehicle while it remains so damaged or broken down
7 The Hirer shall return the Vehicle to the Owner in good mechanical and physical order and condition at the Owner’s premises on the date and time specified on the front of this form or when required by the Owner.
8 THE HIRER SHALL NOT, WITHOUT THE CONSENT OF THE OWNER FIRST OBTAINED IN WRITING:
8.1 Part with possession of the Vehicle during the period of hire.
8.2 Make or give any offer, settlement, waiver, release indemnity, or admission of liability in respect of any accident damage to the Vehicle or the property of any third person or injury to any person.
9 The Hirer shall not alter or make any addition to the Vehicle except where such alteration or addition may be necessary to render the Vehicle safe to return to the Owner.
10 THE HIRER SHALL NOT:
10.1 Use the vehicle for any illegal purpose or in contravention of any law of the State.
10.2 Drive the Vehicle under the influence of any alcohol or drug or with a blood alcohol level as indicated by analysis of the driver’s breath or blood in excess of that permitted by the law of the State.
11 THE HIRER AGREES:
11.1 To pay all parking and traffic fines in relation to the Vehicle during the period of hire in addition to, a fee of $20.00 for each such fine.
11.2 To pay any collection expenses incurred by the Owner in recovering any amount payable under this agreement.
11.3 That the Owner is hereby authorised to release to any government body any information relating to any person who uses the Vehicle during the period of hire.
12 The Owner shall not be liable to the Hirer for any property stolen from the Vehicle or damaged while in the Vehicle or left in the Vehicle after its return to the Owner at the end of the period of hire.
13 The Hirer shall indemnify the Owner from and against any liability of the Owner in respect of any damage to property or person injury arising out of the use of the Vehicle by the Hirer or by any act or omission of the Hirer in connection with the Vehicle where such liability is not covered by any policy of insurance.
14 The Hirer agrees that the Owner shall not be responsible for any loss, damage or delay caused to the Hirer as a result of any breakdown, mechanical defect or other failure in the Vehicle during the period of hire.
15 The Hirer shall immediately notify the Owner if the vehicle is destroyed or damaged or any event occurs which might lead to a claim under the Insurance and shalt do all things which the Owner may reasonably require be done to enable the owner to receive indemnity under the Insurance.
16 The Hirer shall not carry volatile liquids, gases, explosives or corrosive materials in the Vehicle without the Owners consent.
17 THE HIRER SHALL BE FULLY LIABLE TO THE OWNER FOR THE COST TO REPAIR ANY DAMAGE CAUSED TO THE VEHICLE AS A RESULT OF A COLLISON:
17.1 Where such damage is caused by a collision between the Vehicle and any overhead object.
17.2 Where no other vehicle is involved in the collision.
17.3 Where there is undercarriage damage to the Vehicle.
17.4 Where there is tyre damage.
17.5 Where the Hirer has at the time the collision occurs breached any law of the State or the Australian Road Rules.
17.6 Where such damage is caused by a collision occurring when the Vehicle is being driven by a person other than the Hirer, whether or not the Hirer has consented to the Vehicle being driven.
18 IF THE VEHICLE SUSTAINS DAMAGE IN CIRCUMSTANCES OTHER THAN THOSE SPECIFIED IN CLAUSE 17, THE HIRER SHALL PAY THE OWNERTHE LESSER OF REPAIR COST AND ONE OF THE FOLLOWING AMOUNTS:
18.1 Where the Hirer is between the age of 21 years and 25 years – the sum of $3800.00
18.2 Where the Hirer is over the age of 25 years – the sum of $3800.00
19 IF A CLAIM IS MADE UPON THE INSURANCE BY THE OWNER RESULTING FROM THE USE OF THE VEHILCE BY THE HIRER, THE HIRER SHALL IN RESPECT OF EACH CLAIM PAY TO THE OWNER ONE OF THE FOLLWING EXCESSES:
19.1 Where the Hirer is between the age of 21 years and 25 years – the sum of $3800.00
19.2 Where the Hirer is over the age of 25 years – the sum of $3800.00
20 The Hirer may reduce the Hirer’s liability under clauses 18 and 19 by indicating accordingly on the front of this form. If the Hirer has so indicated, then the Hirer’s liability will be reduced to the amount described of the front of this form.
21 If any claim upon the Insurance by the Owner concerning any loss in relation to the Vehicle occurring during the period of hire is rejected or denied either in whole or part by the Insurer, then the Hirer shall indemnify the Owner in relation to the full amount of each loss.
22 The Owner may terminate this Agreement and without notice repossess the Vehicle in the event of a breach by the Hirer of the Terms and Conditions of this Agreement.
23 If the Vehicle is returned to the Owner in an unclean condition, then the Hirer shall also pay $50.00 for the cleaning of the Vehicle.
24 The Hirer shall in addition pay to the Owner the merchant fee payable by the Owner in respect of any credit card transaction under this agreement.