Terms and Conditions

RENTAL VEHICLE AGREEMENT TERMS & CONDITIONS

1 VEHICLE CONDITION AND RETURN

The vehicle is delivered to you in good operating condition and with the seal of the odometer unbroken. You agree to return the vehicle in the same condition except for normal wear & tear but not including windscreen and tyre damage together with all tools accessories and equipment to the location specified on page 1 and on the date there specified (or sooner if demanded by the company). The company may take possession of the vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or off this agreement, or if apparently abandoned. The Company must be notified and agree to any extension of the period of hire beyond that stated on Page 1 of this agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.

2 UNAUTHORIZED AND PROHIBITED USE

Persons who must not drive the vehicle

(a) A person who is not identified on Page 1 or has not been identified in writing or approved by the Company.

(b) A person who is not licensed for that class of vehicle.

(d) A person whose drivers licence has been cancelled, endorsed or suspended within the last three years.

(f) A person who has held a drivers licence for less than 2 years.

Circumstances in which the vehicle must not be used

(g) Outside the area of use limitations shown on Page .1.

(h) On unsealed roads or off road conditions unless authorized by us in writing or on the face of this agreement.

(i) To carry persons for hire or reward or to carry any inflammable, explosive or corrosive materials.

(j) To propel or tow any vehicle, trailer, boat or other object.

(k) To carry any greater load or more persons than is lawful or use in a manner or for a purpose other than for which it was designed.

(l) To carry any animal or pet in the vehicle.

(m) For racing or pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes

(n) In a dangerous manner.

(o) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

3 FINANCIAL OBLIGATIONS

Special note: Joint hirers and all drivers are jointly and severally responsible under this agreement. YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THIS AGREEMENT ON PAGE 1 YOU AUTHORIZE THE COMPANY TO DEBIT THE CREDIT CARD PROVIDED OR ANY OTHER CARD PROVIDED (and you will pay on demand any balance) FOR THE FOLLOWING CHARGES:

(a) All rental charges specified on Page 1.

(b) All charges claimed from the company in respect of parking or any other traffic violations incurred during the period of hire the return of the vehicle to the company.

(c) All loss or damage to the vehicle including loss of use, legal expenses assessment fees, towing & recovery, consequential third party damage , storage and company service charges where

(i) Any condition of this agreement, and in particular Condition 2, or any special condition on Page 1 has been breached;

(ii) The vehicle is involved in a single vehicle incident or not under the control of an authorized hirer at the time of loss, in which case the full cost of such an incident will be bourne by the hirer. A single vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle which can be fully identified and all details provided;

(iii) You have left the vehicle unlocked or left the keys in the vehicle or not kept the keys secure and under your personal control;

(iv) The underbody of the vehicle is damaged regardless of cause when no other vehicle is involved;

(v) The vehicle is partially immersed in water regardless of cause;

(vi) The interior of the vehicle is damaged regardless of cause where no other vehicle is involved;

(vii) The tyres of the vehicle are damaged other than by normal wear & tear;

(viii) The vehicle of any third party property is damaged by driving the vehicle under or into an object lower than the height of the vehicle;

(ix) You have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to the company any defect of which you become aware;

(x) The vehicle is damaged by loading or unloading, other than normal wear and tear;

(xi) Your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment;

Special note: If you have paid by use of a credit card or directed the company to bill charges to some other person, corporation, firm or organization who or which fails to make payment when due you will immediately pay the full amount due to the company on demand.

4 DAMAGE COVER

If you act within the terms & conditions of this agreement the company will grant damage cover including legal costs incurred with our consent for your benefit in respect of damages to the vehicle or third party damages other than any property owned by you or any friend, relative, associate or passenger or in your physical or legal control. This cover is subject to:

(a) Your payment of the damage liability charge stated on Page 1

(b) Your not having acted or caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions on Page 1.

(d) Your providing all information and assistance as may be requested within seven days of any incident in particular all details of any other party(s) and if necessary, authorizing the company insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings.

5 GENERAL PROVISIONS

(a) You will promptly report any incident involving loss or damage to the vehicle while rented under this agreement to the company location where the vehicle was hired or to head office within 24 hours and complete an accident report form(s) within 7 days and will immediately deliver to the company every summons, complaint or paper in relation to such loss. Compliance with this subparagraph does not excuse the hirer from reporting all incidents to Police or other proper authorities.

(b) You release and hold harmless the Company its agents and employees from all claims for loss or damages to your personal property or that of any other persons property left in the vehicle, or which is received, handled or stored by the company at any time before, during or after this rental period, whether due to the company’s negligence or otherwise.

(c) Except as provided by law no other driver or passenger in the vehicle shall be deemed to be an agent, servant or employee of the company in any manner of for any purpose whatsoever.

(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT ITS MERCHANTIBILTY OR FITNESSS FOR ANY PARTICULAR PURPOSE.

(e) No right of the company under this agreement may be waived except in writing by an officer of the company.

(f) Words used in this agreement to denote any gender shall include all genders, singular words shall include the plural and noted on page 1.

6 FUEL

The vehicle must be returned with the amount of fuel equal to that at the time of the rental or a fee including the replacement cost of the fuel will be charged.

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