Cairns Car Hire

1. No Agency
The customer acknowledges that:
(a) the customer has hired the vehicle entirely for his/her own purposes and not for any purpose in respect of the owner &
(b) neither the customer nor any other driver or passenger is the agent of the owner for any purpose.
2. Warranty by Customer
The Customer warrants and represents to the owner that the customer holds a current licence to drive the vehicle in Queensland.
3. Use of Vehicle
The customer agrees and acknowledges that:
(a) the vehicle will be driven in a safe and reasonable manner in accordance with all relevant laws by no person other than the customer or a person authorised by the customer (the customer will remain solely responsible for the vehicle) and only within the authorised area of use. Use of the vehicle beyond the authorised area of use will incur penalty fees at the owners discretion including but not limited to the cost of recovery, storage and towing as required; Unsafe driving will render the indemnity in this contract null and void.
(b) the vehicle must only be driven on bitumen sealed roads except where roadwork's are in progress on a section of a sealed road;
(c) prior to signing this agreement the customer has read the vehicle condition report and has inspected the vehicle and agrees that the vehicle is in the condition referred to in that report and is in good order and running condition;
(d) the customer will return the vehicle to the owner on the due time and date specified herein at the owners place of business (or as otherwise directed by the owner) in the same condition as it was received by the customer as specified in the vehicle condition report save only for ordinary wear and tear and as maybe otherwise provided in this agreement. If the vehicle is not returned to the owner by the due time and date then the customer will pay to the owner on demand any loss suffered by the owner as a result in the customer's delay in returning the vehicle calculated as follows:
(I) up to 1 hour late -1/3 of the owners current daily hire rate
(ii) between 1 and 2 hours late- ½ of the owners current daily hire rate
(iii) over 2 hours late- the owners current daily hire rate
(iv) for each day late (unless prearranged with the owner)-the owners current daily hire rate
(v) customers must provide 14 days notice to cancel confirmed bookings. Less than 2 weeks notice will incur a 25% fee equal to the non refundable deposit.
(e) if the vehicle is to be returned earlier than the agreed due date and time, 48 hours notice must be given by the customer in order to receive a refund on remaining days;
(f) the vehicle will be returned to the owner with the same quantity of fuel as was in the vehicle when it was received by the customer failing which the customer will pay to the owner the cost of the shortfall in fuel together with a further service fee of $30.00. The customer must only use the type of fuel designated for the vehicle as identified on the vehicle;
(g) Animals and smoking are not permitted in the vehicle otherwise further cleaning charges may apply under the provisions of the following sub-clause 3(h);
(h) the customer will return the vehicle to the owner in the same state of cleanliness as it was received failing which the customer will pay to the owner the cost of cleaning the vehicle including if necessary the cost of professional vehicle detailers;
(I) the customer will not remove the 2(two) stickers on the front and rear windscreens of the vehicle. Cost for replacing each sticker is $25;
(j) the customer must immediately report to the owner the theft of the vehicle or any incident involving the vehicle which results in damage to the vehicle or to any other property or injury to any person and must immediately report the theft of the vehicle or any traffic incident involving the vehicle to the police;
(k) the customer must pay for all fines and penalties incurred in respect of the vehicle during the period of hire such as (but not limited to) parking fines and traffic infringements if the owner becomes liable to pay any fine or penalty to the owner together with a further admission fee of $100.00;
(l) the vehicle will not be used for any illegal purpose;
(m) if the rental period exceeds one week then the customer shall on each weekly anniversary of the commencement date of this rental agreement deliver the vehicle to the owner so that the owner may inspect the oil and fluids level. The customer will not be liable for the cost of the inspection or any subsequent repairs and maintenance of the vehicle unless caused or contributed to by the customer;
(n) the customer acknowledges that failure to pay any amount incurred in accordance with these Terms & Conditions will incur a $250 administration collection fee plus court costs and legal fees as required;
(o) the customer acknowledges that the owner reserves the right to cancel the contract at any time without notice or reason.
4. Credit Card Authority
The customer hereby authorises the owner to debit against the credit card or cash deposit provided when this agreement was signed(and the customer will pay on demand any balance of) the following charges, payable prior to or at the end of the hire period: Full excess charges will immediately apply & extra monies charges will be reimbursed to the hirer in the event costs were less than the excess amount.
(a) the hire charge including any charges specified in Clauses 3(d), (f), (g) and (I); any loss or damage clause 5
(b) any parking fines or any other penalties imposed on the owner in respect of the vehicle during the period the vehicle is hired by the customer;
(c) manual credit card swipe is kept for 30 days to cover costs associated with these terms & conditions
(d) any charges for road side service under clause 8 (d)
(e) any charges payable under this agreement
The authorised contained herein is irrevocable and the owner is authorised to make the debit referred to above at any time after the return of the vehicle. The cardholder forgoes the credit card providers ruling of individual charges imposed on the credit card especially in the case of visa. The card holder must seek restitution through the courts in the event there is a dispute & not through the credit card provider. The owner makes a debit against the customer's credit card pursuant to this clause then the owner shall be entitled to claim a further administration fee of $30.00.
5. Customers Liability for Theft, Loss & Damage
Unless otherwise provided in this agreement or unless otherwise provided by law, the customer is liable for and must pay for any and all loss and damage suffered by the owner whatsoever nature arising from the theft of the vehicle or with respect to or in any way connected with the use or hire of the vehicle by the customer and resulting from any cause whatsoever. The liability of the customer does not cease upon the return of the vehicle or return of a cash deposit, until a thorough inspection of the returned car has been completed by one of our damage control staff, this includes cars that have been dropped off after hours.

6. Theft and Collision Damage Waiver
In the event of a 2 vehicle accident, the customer must report the incident to the police and provide us with an incident report number. Full details of other parties including insurance and personal contact details must be provided. Failure to provide details invalidates any excess damage waiver and full liability is assumed. Subject to the provisions of clause 7, if the customer complies with the provisions of this agreement the owner will pay a limited amount for damage caused as a result of a collision involving the vehicle (unless it is excluded) but only as follows:
(a) where the vehicle was built before 1992 (excluding vans and people movers) and the loss and damage in respect of the vehicle exceeds $1000 - owner pays any cost above $1000
(b) where the vehicle was built after 1992 and the loss and damage in respect of the vehicle exceeds $2000- owner pays any cost above $2000
(c) If, at the time of signing this agreement, the customer is 25 years of age or older and pays an additional fee for extra collision damage waiver, this clause will be read as if:
(i) the amount in sub clause 6(a) is $500; and
(ii) the amount in sub clause 6(b) is $1000
(d) if at the time of signing this agreement, the customer is less than 25 years of age, this clause will be read as if:
(i) the amount in sub clause 6(a) is $1000
(ii) the amount in sub clause 6 (b) is $2000
In the event of the theft of the vehicle, sub clause 6(d) does not apply and all standard excess amounts remain. The owner will accept as its loss and damage the sum of $1000 where the vehicle was built before 1992 or $2000 where the vehicle was built during or after 1992 but only if:
(e) the customer complies with clause 3(j); and
(f) the customer returns to the owner the original keys and owners tag issued to the customer when he/she took possession of the vehicle.
7. Exclusions from Collision Damage Waiver
The provisions of clause 6 do not apply to:
(a) under body damage sustained by the vehicle;
(b) any loss or damage sustained while the vehicle is controlled by any person under the influence of liquor or a drug;
(c) any loss or damage sustained while the vehicle is controlled by an unlicensed person;
(d) any loss or damage caused as a result of straying animals whether or not there is an impact between the vehicle and a straying animal;
(e) the damage or destruction of any of the vehicle's windscreens, windows or headlights other than in a collision;
(f) any loss or damage in respect of a single vehicle accident;
(g) any damage to the vehicle caused by immersion in water;
(h) mechanical or other damage to the vehicle caused by abusive operation of the vehicle;
(i) any damage to the vehicle or the cost of towing or retrieval of the vehicle arising from the vehicle becoming bogged or becoming immersed in water;
(j) any damage sustained to the vehicle from being driven while the engine is overheating;
(k) any damage to the tyres on the vehicle except for normal wear and tear;
(l) any damage to the vehicle caused by the vehicle being driven on unsealed roads or outside of the authorised area of use;
(m) failure to report any incident specified clause 3(j)
8. Owners Limited Liability
(a) Whilst the owner has at all times maintained the vehicle to a reasonable standard of repair and condition (having regard to it's age), the customer acknowledges and agrees that having regard to the age of the vehicle (which is reflected in the amount of hire charges) if the vehicle suffers any mechanical failure then the owner shall not be liable to the customer for any loss or damage suffered by the customer as a consequence of such failure on the basis that;
(i) the owner will endeavour to repair the vehicle as soon as practicable;
(ii) where the vehicle cannot be repaired within 24 hrs, the owner may at it's discretion either provide the customer with a replacement vehicle or terminate this agreement in which latter case the owner will refund to the customer the unused portion of the hire charge (calculated on a daily pro rata basis) provided that the owner may deduct from that refund any monies owed to the owner up to that time by the customer under the terms of this agreement. The customer agrees that this will be the limit of any liability by the owner to the customer.
(b) the customer shall not engage any person to repair the vehicle without the owners prior consent;
(c) the owner shall not be liable for any loss to the customer or any other person for any property damaged or stolen from the vehicle;
(d) if the vehicle breaks down due to any act or omission of the customer or his invitees, the owner will at the request of the customer offer roadside service at the following costs to the customer;
(i) call out fee - $100.00;
(ii) travel to and from the owners business - $1.00 per minute;
(iii) repairs to the vehicle (labour rate) - $1.00 per minute;
(iv) parts at usual rates and margin;
(v) towing fee - as incurred by the owner
9. General Provisions
(a) this agreement is governed by and construed under the law in the state of Queensland
(b) the rights of a party under this agreement are cumulative and not exclusive of any rights provided by law.
(c) any provision of this agreement which is invalid will be severed from this agreement without invalidating or affecting the remaining provisions.
10. Definitions and Interpretation
(a) In this agreement unless the context otherwise requires;
"authorised area of use" means from Cairns - south as far as Mission Beach, west as far as Atherton Tablelands and north as far as Cape Tribulation;
"customer" means the person named in the rental agreement to which these terms are attached;
"hire charges" means the charges set out in the rental agreement to which these terms are attached. All hire charges must be paid in advance at all times;
"owner" means Cairns Older Car & Ute Hire;
"vehicle" means the vehicle described in the rental agreement to which these terms are attached;
"vehicle condition report" means the report prepared by the owner stating the condition that the vehicle is in immediately prior to the execution of this agreement;
"loss and damage" means any and all damage to property (including the vehicle) and any loss sustained and all causes of action, claims (including but without limiting the generality of the foregoing claims for towing, storage and repairs to the vehicle, legal costs and claims for consequential loss of profit and claims for any and all forms of economic loss), demands, actions, suits or proceedings in respect of or in any way connected with the vehicle or the use of the vehicle. Furthermore, where the vehicle is damaged, written off or stolen, the owners loss and damage will include the cost to replace the vehicle with a vehicle of comparable quality disregarding the book value of the vehicle together with the income lost as a consequence of the owner being unable to rehire the vehicle until it is repaired or replaced. Full payment must be received within 24hrs of the owner obtaining a quote. Failure to pay the full amount will incur the full daily hire rate being charged to the customer until the payment is received. In the event that the first quote for damage obtained by the owner is over $500, the customer may request a second quote at their expense. All quotes will be obtained by an approved insurance repairer of the owners choice. All amounts owing for loss & damage are payable upon termination of the rental agreement.
(b) in this agreement unless the context otherwise requires;
(i) clause and sub clause headings are for reference purposes only;
(ii) the singular includes the plural and vice versa;
(iii) words denoting any gender include all genders;
(iv) reference to a person includes any other entity recognised by law and vice versa;
(v) any reference to a party to this document includes its successors and permitted assigns;
(vi) an agreement, representation or warranty on the part of two or more persons binds them and is for the benefit of them jointly and severally;