Terms and Conditions

Phone 8352 7299 • [email protected]
41 Sir Donald Bradman Drive, Mile End South SA 5031
ABN: 21 831 503 788

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions
In this Rental Agreement, capitalised words have a special meaning, as set out in this section.
Accessory means any equipment that is provided with the
Vehicle;
Account means the credit card to which Rental Charges are to be debited outlined in the Schedule;
Australian Consumer Law or ACL means Schedule 2 of the
Competition and Consumer Act 2010 (Cth); Authorised Driver means the Hirer, or otherwise the driver nominated by the Hirer if the Hirer is a company; Code means the Australian Finance Industry Association Car
Rental Code of Practice;
Collection Costs means Koala’s reasonable costs of collecting unpaid Rental Charges from the Hirer;
Excess Amount means the “Insurance Liability Reduction” amount outlined in the Schedule;
Fair Wear and Tear means Fair Wear and Tear described in the
Code under the clause headed AFIA Fair Wear and Tear Guide - Rental Vehicles and does not include damage (as set out in that clause);
GST has the meaning given by section 195-1 of the GST Act or any replacement or other relevant legislation and regulations;
GST Act means A New Tax System (Goods and Services Tax) Act
1999 (Cth)
Hirer means the person or persons (jointly and severally) who enter into the Schedule with Koala;
Incident means an unexpected event during the Rental Period which includes an accident, claim or incident involving damage to or loss of the Vehicle or property of any other person in connection with the Vehicle or injury to any other person in connection with the Vehicle;
Insurance means the policy of insurance in relation to the Vehicle, in the name of Koala, for the purpose of covering any damage to third party property caused by the Vehicle in an Incident; Koala means Koala Car Rentals Pty Ltd ACN 087 790 190 located at 45 Sir Donald Bradman Drive, Mile End SA 5031; Manufacturer’s Specifications means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual usually located in the Vehicle or accessible through the Vehicle’s infotainment systems;
Personal Information has the meaning given to that term in the
Australian Privacy Act 1988 (Cth);
Privacy Collection Statement means the privacy collection statement set out in Annexure A;
Rental Charges means the fees, costs, amounts and charges specified in the Schedule;
Rental Period means the period commencing on the date the
Hirer takes possession of the Vehicle and concluding when the
Vehicle is returned to Koala;
Schedule means the front page(s) preceding this page setting out the particulars of the legally binding contract made between Koala and the Hirer and any Authorised Driver, including details of the Vehicle, and specifically incorporating these terms in this Rental Agreement;
State means every State and Territory within Australia; Rental Agreement means these terms, the Schedule and includes the terms on the second page titled “Warning”, between Koala and the Hirer;
Vehicle means the motor vehicle and/or trailer described on the Schedule (or any substitute vehicle), and includes its tyres, tools, spare parts, components, keys, remote opening devices and any safety equipment supplied with the Vehicle; and
Vehicle Condition Report means the report setting out any preexisting damage found on the Vehicle prior to the Rental Period.
1.2 Interpretation
In this Rental Agreement, unless the context otherwise requires: (a) the singular includes its plural and vice versa;
(b) words denoting any gender include all genders;
(c) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(d) headings are for convenience only and do not affect
interpretation;
(e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
(f) a reference to a party to this Rental Agreement includes its successors and permitted assigns;
(g) a reference to any agreement (including this Rental Agreement) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;
(h) a reference to a clause, paragraph, schedule or annexure is to a clause, paragraph, schedule or annexure in or to this Rental Agreement;
(i) a reference to this Rental Agreement includes any schedules and annexures to this Rental Agreement;
(j) a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;
(k) a reference to dollars or $ is to Australian currency;
(l) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them.
2. ACKNOWLEDGMENT

The Hirer agrees:
(a) to return the Vehicle to Koala at the end of the Rental Period in the same state and condition as the condition of the Vehicle when the Hirer took possession of the Vehicle;
(b) the Hirer will not register or claim to be entitled to register any security or other interest in the Vehicle under the Australian Personal Property Securities Act 2009 (Cth);
(c) the Hirer is responsible for all toll charges, parking charges, cleaning fees, fines and infringements incurred by the Authorised Driver relating to or in connection with the Vehicle;
(d) if the Hirer is a company and not the same person as the Authorised Driver, the Hirer agrees it is responsible for the acts and omissions of the Authorised Driver or any other person who drives the Vehicle during the Rental Period;
(e) the Hirer must be over the age of twenty-one (21) to enter into this Rental Agreement;
(f) only the Authorised Driver will be permitted to drive the
Vehicle;
(g) the Authorised Driver must hold a valid driver’s licence in the State for the type or class of Vehicle that has been rented, or must hold a current driver’s licence with an
English translation;
(h) Koala may refuse to allow the driving of a Vehicle by an Authorised Driver when it is found that the Authorised Driver:
(i) is not over the age of twenty-one (21); or
(ii) does not hold a driving licence in accordance with clause 2(g) for the entire Rental Period.
3. PROHIBITIONS

(a) The Hirer and/or the Authorised Driver must not:
(i) cause any damage to the Vehicle;
(ii) use, or allow the Vehicle to be used, for any illegal purpose or in contravention of any law;
(iii) carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;
(iv) be under the influence of alcohol, drugs or have a blood alcohol or drug content that
exceeds the legal limit in such jurisdiction;
(v) use the Vehicle other than in accordance with the Manufacturer’s Specifications; or
(vi) use the Vehicle to carry any inflammable, explosive or corrosive substances.
4. VEHICLE MAINTENANCE

4.1 Vehicle care obligations The Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications;
(b) ensure the Vehicle is securely locked when unattended; and
(c) comply with all applicable laws (including seatbelts and child restraint laws).
4.2 Cleaning and repairs
(a) The Hirer is not entitled to carry out repairs to the Vehicle without the authorisation of Koala in writing.

(b) If Koala determines, acting reasonably, that the Hirer or another person has damaged the Vehicle or otherwise returned the Vehicle in poor condition, then Koala may require the Hirer to pay the cost to repair any damage to the Vehicle and /or pay any professional cleaning or other costs incurred by Koala to return the Vehicle to its condition when the Hirer took possession of the Vehicle.

1. RETURN OF THE VEHICLE

5.1 How to return the Vehicle
The Hirer must return the Vehicle to Koala:
(a) at the time, place and date shown on the Schedule, or as otherwise agreed between the Hirer and Koala in writing; and
(b) in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted.
5.2 Returning the Vehicle prior to the expiry of the Rental Period The Hirer may return the Vehicle prior to the expiry of the Rental Period without penalty and will only be charged for the cost of each day the Hirer had possession of the Vehicle.
5.3 Immediate return of the Vehicle (a) The Hirer must immediately return the Vehicle if:
(i) the Rental Period expires without the parties agreeing to an extension; or
(ii) Koala has reasonable grounds to believe that:
(A) the Vehicle has been or will be used for an unlawful purpose; or
(B) damage to the Vehicle, or injury to persons or property has occurred.
(b) Koala may take all necessary action to recover the Vehicle if the Hirer has not returned the vehicle to Koala immediately once any of the events outlined in clause 5.3(a) occur.
5.4 Overdue Vehicles
If the Hirer does not return the Vehicle on the date the Rental Period expires and the Hirer has not reached agreement with Koala for an extension to the term of the Rental Period, then the Hirer must pay to Koala:
(a) all Rental Charges; and
(b) compensation for any loss Koala reasonably incurs (including all reasonable additional costs Koala incurs in recovering the Vehicle or because the Vehicle was not available for rental by others when due) up to the time that the Vehicle is recovered by Koala.
5.5 Vehicle liability
(a) If the Hirer or any other Authorised Driver has failed to comply with the Schedule or has returned the Vehicle in a state that renders the Vehicle unavailable for immediate re-rental, the Hirer will be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime (Per Day Loss of Revenue Fee).
(b) The Per Day Loss of Revenue Fee will be calculated in accordance with the daily rate for that period (shown in the Schedule) multiplied by the number of days of downtime (plus GST, if applicable).
(c) If the Hirer is liable to be charged for downtime of the Vehicle, Koala will inform the Hirer prior to the Hirer’s Account being debited by Koala.
2. FUEL

6.1 Type
The Vehicle must only be filled with the fuel type specified in the Manufacturer’s Specifications.
6.2 Refuelling the Vehicle
(a) If the Vehicle is returned with less fuel than the Vehicle had when initially rented at the commencement of the Rental Period, Koala may charge the Hirer the cost of fuel and all other costs associated with arranging to fill the Vehicle with fuel.
(b) The fuel level of the Vehicle at the time the Vehicle is rented and at the time the Vehicle is returned is determined by visual or electronic inspection by Koala of the Vehicle’s fuel gauge, and the kilometres driven. If a fee is charged under clause 6.2(a), then that amount will be based on the number of litres of fuel actually discharged into the Vehicle to return it to the level of fuel that the Vehicle had at the commencement of the Rental Period.

1. LIABILITY FOR LOSS OR DAMAGE 7.1 Liability

Subject to clauses 7.2 and 7.3, the Hirer is liable:
(a) to compensate Koala for any damage to or loss of the Vehicle, including any Incident, hail, flood or storm related damage or theft of the Vehicle, which Koala has reasonable grounds to believe has occurred during the
Rental Period (including by reference to the Vehicle
Condition Report); and
(b) for damage to third party property which Koala has reasonable grounds to believe is caused or contributed to by the Hirer or any other person that drove the Vehicle prior to the return of the Vehicle to Koala.
7.2 No liability
In the event Koala determines that the Hirer is not liable nor was it at fault for any loss or damage contemplated by clause 7.1, the Hirer will not be liable to compensate Koala for such loss or damage provided:
(a) the Hirer cooperates and complies with the process outlined in clause 10; and
(b) the Hirer provides Koala with all relevant details of the Incident.
7.3 Mitigation of losses
Koala must seek to mitigate its losses under this clause 7.
2. EXCESS AMOUNT

(a) In the event the Hirer pays the Excess Amount and
Koala’s nominated Insurance company agrees to cover and compensate all costs and losses suffered by Koala (for all matters outlined in clause 7), Koala will not seek to recover such costs from the Hirer.
(b) In the event the Koala’s nominated Insurance company does not agree to cover and compensate all costs and losses suffered by Koala (for all matters outlined in clause 7), unless as a result of Koala’s actions, the Hirer will be liable to pay all costs and liability incurred by Koala.
3. CALCULATION OF LOSS OR DAMAGE

(a) Where the Hirer is liable to Koala under clause 7, the amount the Hirer must pay for any liability, loss, damage, repair, cost, or fee:
(i) may be reasonably determined by Koala; and
(ii) in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage; and
(iii) in relation to a theft of the Vehicle, the full market value of the Vehicle.
(b) If the amount reasonably determined by Koala and paid by the Hirer under clause 9(a) exceeds the final cost of the loss, damage or repair, Koala will refund the difference to the Hirer as soon as practicable.
(c) Koala must provide details (and supporting documentation as required by the Code) to the Hirer of the final cost of the loss, damage or repair.
4. CLAIMS AND PROCEEDINGS

10.1 What to do if there is an Incident
In the event of an Incident, the Hirer must ensure that they or another Authorised Driver:
(a) immediately report the Incident in writing to Koala and to the local police within 24 hours;
(b) permit Koala, or its insurers to bring, defend, and force or settle any legal proceedings against a third party in the Hirer’s name or in the name of another Authorised Driver in relation to the Incident;
(c) complete and supply to Koala or its insurers within a reasonable time any additional statement, information or assistance which Koala or its insurers may reasonably require, including attending a lawyer’s office and/or Court to give evidence.
10.2 Consequences of non-compliance
If the Hirer fails to comply with clause 10.1, the Hirer agrees to pay all Rental Charges on a daily basis until full compliance by the Hirer is achieved.
5. PAYMENT

11.1 Payment Authorisation
The Hirer authorises Koala to debit from its Account payment for the following:

(a) all Rental Charges, “Excess Waiver”, “Accessories”,
“Other Excess kms” or such other items outlined in the
Schedule for each day of the Rental Period;
(b) any amount paid or payable by Koala or the Hirer to any person arising out of the Hirer’s use of the Vehicle;
(c) any amount imposed on the Hirer or Koala by any government body or other competent authority;
(d) the replacement cost as reasonably incurred by Koala for a lost or stolen Accessory or keys;
(e) any insurance or other costs outlined and included in the
Schedule; and
(f) any amount which the Hirer reasonably owes to Koala under the Schedule, in respect of a breach of the Schedule or otherwise. Koala will provide the necessary information that contains the details about any amount payment under this clause, including a justification with respect to the amounts charged and how these amounts have been calculated.
11.2 Payment disputes
(a) Koala must inform the Hirer in advance of all amounts payable to Koala under clause 11.1. Should the Hirer wish to dispute such amounts, the Hirer must advise Koala in writing within 5 business days from the notification being sent by Koala to the Hirer (Notice Period).
(b) Koala cannot debit the Hirer’s Account during the Notice Period.
11.3 Refunds
If it is found that Koala must pay the Hirer a refund, Koala will pay such refund to the Hirer within 28 days.
11.4 Failure to pay an amount
If the Hirer fails to pay any amount under or in connection with the Schedule within 14 days after the date by which the Hirer is required to pay the amount, the Hirer must also pay Koala the Collection Costs which the Hirer authorises Koala to debit for the Account under this clause.

1. TERMINATION

(a) Either party may terminate this Rental Agreement at any time if the other party commits a material breach of the Rental Agreement that is not remedied or is otherwise unable to be remedied.
(b) The Hirer may terminate the Rental Agreement at any time by returning the Vehicle to Koala, subject to payment of the Rental Charges.
2. PROPERTY IN VEHICLE

Koala or a Koala employee acting in the course of the employment of Koala is not liable to any person for any loss of, or damage to any property left in the Vehicle by the Hirer or anyone else.
3. DISPUTE RESOLUTION

(a) Koala will use its best endeavours to respond to any complaint made by the Hirer in relation to the rental within fifteen (15) business days after the date of receipt of the complaint, provided that Koala has all necessary information and has been able to complete any investigation required.
(b) If Koala cannot respond within fifteen (15) business days, Koala will inform the Hirer as soon as reasonably practicable (and within fifteen (15) days after receiving the complaint) of the estimated response date.
(c) The Hirer’s complaint will be reviewed by a Koala representative who:
(i) has appropriate experience, knowledge and authority; and
(ii) is different from the person or persons whose decision is the subject of the complaint.
(d) Koala’s response to the review a customer’s complaint will be in writing and will include: (i) the final decision in relation to the complaint. (ii) the reasons for that decision; and
(iii) the right to take the dispute to external dispute conciliation.
14.2 Complaint referral
(a) If the Hirer does not accept the resolution of its complaint through Koala’s internal dispute resolution process, the

Hirer may refer the matter to the Australian Finance Industry Association (AFIA) facilitated by lodging a complaint online at https://www.afia.asn.au/consumercomplaints/
(b) Koala will participate in the AFIA process in good faith, including being represented by an employee or representative who has sufficient authority to negotiate and agree an outcome with the Hirer. Koala will comply with any directions made by AFIA for the conduct of the conciliation, will seek to resolve the matter with the Hirer during the conciliation and will consider any recommended resolution.

1. AUSTRALIAN CONSUMER LAW

(a) If the Hirer acquires any goods and services in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, this Rental Agreement is subject to this clause 15.
(b) Nothing in this Rental Agreement applies where it would exclude, restrict or modify any right or remedy that the Hirer may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.
(c) Notwithstanding anything to the contrary in this Rental Agreement, if the Hirer acquires goods (other than goods acquired for the purpose of resupply) or services from Koala as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by any term of this Rental Agreement.
(d) For major failures with the service, the Hirer is entitled: (i) to cancel any services with Koala;
(ii) to a refund for the unused portion, or to compensation for its reduced value; and
(iii) to choose a refund or replacement for major failures with goods.
(e) If a failure with the goods or a service does not amount to a major failure, the Hirer is entitled to have it rectified in a reasonable time. If this is not done, the Hirer is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
(f) The Hirer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
2. GOVERNING LAW AND JURISDICTION

16.1 Governing law
The laws of South Australia govern the Schedule and this Rental Agreement.
16.2 Jurisdiction
The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia and waive any right to claim that those courts are an inconvenient forum.
3. GOODS AND SERVICES TAX (GST)

If GST is payable in respect of a supply under applicable law in addition to a price displayed, then the recipient of the supply must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply. The GST Amount is payable by the recipient in addition to and at the same time as any consideration for the supply.
4. PRIVACY

(a) Any Personal Information required to be provided by the Hirer to Koala may be collected, used and disclosed by Koala for the purposes contemplated by these Rental Agreement.
(b) The Hirer as party to this Rental Agreement, has consented to the collection, use and disclosure of the Personal Information at the time of entering into the Rental Agreement.
(c) If the Hirer is required to provide Personal Information to Koala on another person, the Hirer must make the other person aware of the Privacy Collection Statement and provide their written consent to Koala.

ANNEXURE A
PRIVACY COLLECTION STATEMENT
About this Privacy Collection Statement
Koala recognises the importance of protecting the Hirer’s Personal
Information. This Privacy Collection Statement explains how the Koala protects the Hirer’s privacy and summarises how it collects, uses and discloses Personal Information about the Hirer.
What Personal Information is collected?
When the Hirer books or rents a Vehicle from Koala, Koala collects certain Personal Information from the Hirer, the Hirer’s company’s business contacts and Authorised Drivers. Depending on the service used is how Koala determines what Personal Information is necessary to collect.
Personal Information collected may include (but is not limited to):
(a) name;
(b) contact details;
(c) date of birth;
(d) drivers licence number;
(e) passport details;
(f) payment details;
(g) driving record details; and (h) company name.
Koala is also required or authorised to collect certain Personal Information under laws such as the following State/Territory vehicle registration laws: Road Transport (Driver Licencing) Act 1999 (ACT), Road Transport Act 2013 (NSW), Motor Vehicles Act 1949 (NT),
Transport Operations (Road Use Management) Act 1995 (QLD),
Motor Vehicles Act 1959 (SA), Vehicle and Traffic Act 1999 (TAS), Road Safety Act 1986 (VIC) and Road Traffic Act 1974 (WA). Where it is necessary to provide Koala with Personal Information about another person, the Hirer must provide to Koala the other persons written consent to allow for their Personal Information to be disclosed to Koala.
By the Hirer providing Personal Information on themselves or on other person (provided consent has been granted), they are agreeing for the Personal Information to be collected, used and disclosed by Koala in accordance with this Privacy Collection Statement. If the Hirer does not agree to the collection, use and disclosure of the
Personal Information, Koala will not be able to communicate with the Hirer or provide the necessary services as requested by the Hirer.

How is Personal Information used or disclosed by Koala? General purposes
Koala may use and disclose the Hirer’s Personal Information for purposes including, to:
• provide the services and benefits that have been requested;
• administer those services;
• communicate with the Hirer regarding the Vehicle, and safety arrangements with Koala and other matters;
• conduct customer satisfaction surveys and inform the Hirer of any improvements to Koala’s services;
• enforce legal rights or comply with applicable laws or legal obligations. Disclosure to Third Parties
Koala may disclose the Hirer’s and Authorised Drivers’ Personal Information to third parties including:
• the Hirer’s company or organisation if the services are used under a corporate account; • Koala’s service providers;
• credit card providers;
• councils, government and private organisations responsible for the processing of traffic related infringements or the payment of road and traffic tolls;
• in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;
• driver licencing authorities; and
• government, regulatory and law enforcement agencies whether disclosure is required or authorised by law.
Marketing Purposes
Koala may use and disclose the Personal Information to offer products and services provided by Koala.
Any offer of products or services will be sent to the Hirer by email, telephone, fax or any other form of communication until you opt out.
You can opt out by contacting us.
Payment default
If the Hirer defaults in the payment of any rental fees or charges to
Koala or any third-party service providers such as toll companies, Koala may give Personal Information about the Hirer to a credit reporting body to list the default and enforce legal rights or comply with legal obligations.