Terms and Conditions

1. DEFINED TERMS

1.1 In these Terms and Conditions:

“Administration Fee” means the Agreement between You and the Provider

and Includes the Cover Page, these Terms and Conditions, the vehicle report

and any annexure that is attached.

“Corporate Account” means a company, association or group who has a

credit facility or payment account or any other agreement with the Provider.

“Collision Damage Waiver” means the choice available to You to reduce

your liability in the event that You are involved in an accident or collision

causing damage to the Vehicle

“Cover Page” means the first page of this Agreement.

“Credit Card Fee” means the additional payment required where payment of

any Charge is made by credit card as indicated on the Cover Page.

“Driver’s License” means an unexpired driver’s license for the particular

class of the Vehicle, issued in Australia.

“Fuel Level” is the amount of fuel contained in this Vehicle.

“Fuel Prepayment” means the amount indicated on the Cover Page for the

right to hire the Vehicle with a full tank of fuel and return it with less than a full

tank of fuel but not have to pay the Fuel Service Fee.

“Fuel Service Fee” means the fee charged when You return the Vehicle with

less fuel than when You hired it as indicated on the cover page.

“Hirer Liability Amount” means the amount indicated on the Cover Page.

“International Driver’s License” means an unexpired, unrestricted driver’s

license issued by a government authority of any country allowing the holder to

drive in Australia, provided the authority to drive in Australia is written in

English.

“Off-Road” means an unsealed road and includes beaches, 4WD tracks, dirt

tracks, grass plains and sand tracks but does not include unsealed roads that

are in a caravan park, bed and breakfast establishment or any other property

which has the primary use of paid accommodation.

“Provider” means the entity hiring the Vehicle to You as identified on the

Cover Page.

“Rental Period” means the period commencing at the date and time shown

on the Cover Page and ending at the time and on the date that You return the

Vehicle to the Provider.

“Repairs” means any mechanical or panel beating repairs and includes any

towing, recovering and storing of the vehicle.

“Sealed Road” means a road sealed with a hard material such as tar, bitumen

or concrete.

“4WD” (four wheel drive) means any vehicle whose class is indicated as 4WD

on the Cover Page.

“Vehicle” means the Vehicle described on the Cover Page (or any substitute

vehicle).

“Vehicle Report” means the report accepted by You at the commencement of

this Agreement detailing the condition of the Vehicle and is attached to and

forms part of this Agreement.

“Vehicle Transport Fee” means the amount shown on the Cover Page being

a reasonable fee charged by the Provider in consideration of its:

(a) Costs to relocate the Vehicle to the place of hire; and

(b) Loss of use, in the event that an arrangement for an alternate drop-

off point has not been previously arranged with the Provider in

writing.

“You” or “Your” refers to the person(s) identified as “The Hirer” and any

Authorised Driver identified on the Cover Page.

2. CONDITION OF VEHICLE

2.1 You acknowledge receiving the Vehicle from the Provider:

(a) in a good and clean condition except as specified in the Vehicle

Report

(b) with all items specified in the Vehicle Report or in this Agreement.

3. DRIVERS

3.1 The following persons must not drive the Vehicle (without the prior written

consent of the Provider)

(a) a person who is not:

(i) listed on the Cover Page

(ii) Your employee or employer if the use of the Vehicle relates to

Your business activities and the Vehicle has been hired under a

Corporate Account.

(b) a person who does not hold a current Driver’s License or

International Driver’s License;

(c) a person who holds a learners permit;

(d) a person whose blood alcohol concentration exceeds the maximum

lawful concentration or who is under the influence of any drug or illegal

substance; or

(e) a person who has given the Provider false details of any kind.

South West Car Hire (Vic)

1101 Raglan Parade, Warrnambool, Vic 3280

P: 1300 809 747

3.2 In relation to Clause 3.1(a)(ii) in circumstances where an employee or

employer is nominated under a Corporate Account the Provider reserves the

right to refuse the hire of the vehicle where the age of the driver does not meet

the criteria stated in Clause 3.1

4. USE OF VEHICLE

4.1 Your use of Vehicle is restricted by the limitations on the Cover Page

including the Authorised Area of Use.

4.2 You must not use the Vehicle on Off-Roads unless You have hired a 4WD

in which case You can apply for the Providers written authority to drive the

Vehicle on any 4WD track.

4.3 You must not use or permit the Vehicle to be used for any of the following

(a) any illegal purpose;

(b) to race or performance test of any kind;

(c) without the Providers written consent, to tow, push or propel anything;

(d) sublet or let the Vehicle on hire to any other person;

(e) to carry more passengers than may be properly accommodated by

the seat belt restraints provided in the Vehicle;

(f) to carry a greater load than that for which it was built;

(g) to carry passengers for payment or reward;

(h) use the Vehicle when it is damaged or unsafe;

(i) use the Vehicle to transport goods without all necessary approvals,

permits, licenses and government requirements (to be obtained and Your cost)

and in accordance with the Vehicle manufacturers recommendations;

(j) without the Providers prior written consent, to carry any inflammable,

explosive, or corrosive substances;

(k) without the prior written consent, to transport any animal inside the

Vehicle;

(l) operate or permit the Vehicle to be operated in breach of any

legislation, regulations, rules, or by-laws relating to road traffic and use; or

(m) to be jumpstarted or to jumpstart another vehicle

4.4 You will be responsible for any damage whatsoever caused to the Vehicle

which arises from use of the Vehicle in a manner which is restricted or

prohibited by this clause 4.

5. SECURITY, SAFETY AND CARE OF THE VEHICLE

5.1 You must:

(a) maintain all of the Vehicle’s engine and brake oils and engine coolant

levels to the manufacturers specifications and ensure that the tyres are

maintained at the manufacturers recommended pressure as provided in the

Vehicles manual;

(b) keep the Vehicle locked and the keys under Your personal control;

(c) be able to produce the keys if the vehicle has been stolen;

(d) comply with any applicable seat belt and child restraint laws; and

(e) generally do all things necessary to keep and maintain the Vehicle in

its current state of condition

6. RETURN OF VEHICLE

6.1 You must return the Vehicle to the Provider:

(a) to the place, on the Return Date and by the Return Time shown on

the cover page unless extended by agreement

6.2 If You return the Vehicle before the Return Date, You may be entitled to

some rebate of fees and charges.

6.3 If you fail to return the Vehicle by the Return Date, and fail to notify the

Provider to extend the Rental Period, the Vehicle may be reported stolen.

6.4 If you return the vehicle to any other place other than a Provider location,

or if the Vehicle is returned outside the hours of operation, You will be deemed

only to have returned the Vehicle to the Provider only when the Provider takes

possession of the keys to the Vehicle during its hours of operation. The rental

charges will continue and You will be responsible for the Vehicle until such

time as the Vehicle is deemed to have been returned. The hours of operation

are detailed on the Cover Page.

6.5 If you return the Vehicle to a location other than the return location shown

on the Cover Page, the Vehicle Transport Fee may apply.

6.6 Subject to clause 6.7 if you return the Vehicle with less fuel than it had

when You rented it. You must pay the Fuel Service Fee. The Fuel level is

indicated in the Vehicle Report.

6.7 If You elect the Fuel Prepayment option at the commencement of the

Rental Period, You will not be charged the Fuel Service Fee in any

circumstance. You will not receive credit for fuel left in the tank at the time of

the return.

VEHICLE RENTAL AGREEMENT – TERMS AND CONDITIONS

7. VEHICLE BREAKDOWN – YOUR RIGHTS

7.1 If the vehicle breaks down due to a mechanical fault and You have used

the vehicle in accordance with clauses 4 and 5 at all times, the provider will

supply You with a replacement Vehicle of the same or similar model.

7.2 The Provider will not charge You any rental during the period in which You

do not have use of the Vehicle due to a breakdown under clause 7.1

8. HIRER’S LIABILTY FOR LOSS AND DAMAGE TO THE VEHICLE

8.1 Except to the extent the Provider is negligent or otherwise liable at law,

You are liable:

(a) for the loss of, and all damage to, the Vehicle;

(b) any damage to third party and third party property caused by the

Vehicle;

(c) the cost of towing. Recovering and storing the Vehicle; and

(d) any administration costs incurred by the Provider arising under

clauses 8.1 (a)-(c)

8.2 Your liability under clause 8.1 will be limited in accordance with the terms

and conditions of the option You have chosen under the Hirer Liability Amount

except where the damage or loss;

(a) arises from theft, where the Vehicle is left unlocked or unsecured or

You have not kept the keys secure;

(b) is caused by storm damage or damage resulting from immersion in

water

(c) is to the tyres or windscreen

(d) is to the underbody or overhead damage including to the roof, bonnet

or boot not resulting not resulting from the collision.

(e) is caused by You driving the vehicle with less than the manufacturer’s

recommended level of radiator fluid, oil or tyre pressure.

(f) is caused by You driving the Vehicle in a reckless or dangerous

manner; or

(g) is caused while using the Vehicle in breach of clauses 4 or 5 of this

Agreement.

Liability is unlimited for any damage or loss that occurs under subsections

(a) to (g) of this section 8.2

8.3 In the event of loss or damage to the Vehicle, You agree to pay on

demand by the Provider;

(a) the Hirer Liability Amount, or all reasonable costs to return the Vehicle

to its original condition at the start of the Rental Period, fair wear and tear

accepted, or the market value of the Vehicle at the time of the damage or loss,

whichever is the lesser;

(b) the cost of repair or reinstatement of loss or damage where such loss

or damage is not limited under clause 8.2 to the Hirer Liability Amount; and

(c) a per day loss of use based on the estimated downtime of the

Vehicle. If the amount determined by the Provider and paid by You under this

clause 8.3 exceeds the final cost of the damage or repair, the Provider will

refund the difference to you.

8.4 You must not arrange to undertake any Repairs to the Vehicle without the

written authority of the Provider except to the extent the Repairs are necessary

to prevent further damage to the Vehicle or other property in which case You

must first attempt to contact the Provider and obtain approval for the Repairs.

8.5 The Provider will only reimburse You for the cost of any authorised

Repairs if you produce to the Provider the original or certified copies of the

receipts for the Repairs.

9. HIRER’S LIABILTY FOR LOSS OR DAMAGE TO OTHER PROPERTY

9.1 Except for the extent the Provider is negligent or otherwise liable at law,

You are liable:

(a) for all damage to the property of any person;

(i) which is caused or contributed to by You; or

(ii) which arises from Your use of the Vehicle; and

(b) for any loss of, or damage to, any property stolen from the Vehicle or

otherwise lost or damaged during the Rental Period

9.2 Subject to clause 9.1 you indemnify the Provider for any loss of, or

damaged to, any property stolen from the Vehicle or otherwise lost or

damaged during the Rental Period.

9.3 The Provider shall not be responsible for the state and condition of any

property found in the Vehicle after the Rental Period.

9.4 Any person claiming the return of any property found in the Vehicle after

the Rental Period is required to furnish the Provider with satisfactory proof of

ownership.

9.5 The Provider is committed to providing services with due care and skil to

providing goods fit for proper purpose. In the event that this does not occur,

You have rights conferred under consumer legislation and neither clause 9.1

nor any other provision of this Agreement is intended to exclude, restrict or

modify any non-excusable terms or rights which You may have.

10. LEGAL PROCEEDINGS AND CLAIMS

10.1 Where Your use of the Vehicle results in an accident or claim, or where

damage or loss is sustained to the Vehicle or other property or if the Vehicle

has been stolen, You must:

(a) promptly report such incident to the local police

(b) promptly report such incident in writing to the Provider by accurately

completing the applicable Provider forms;

(c) not make or give any offer, admission or liability, promise of payment,

waiver, release, indemnity or settlement without the Providers written consent.

(d) allow the Provider or its insurers at its own cost conduct or settle any

legal proceedings against a third party.

(e) allow the Provider to claim in Your name under any applicable vehicle

insurance and You must do everything that may be reasonably required to

assist the Provider in making such a claim, including assigning the benefit of

any applicable insurance to the Provider;

(f) complete and furnish to the Provider within a reasonable amount of

time any statement, information or assistance which the Provider or its insurer

may reasonably require, including attending at a lawyer’s office and at Court to

give evidence for which You will be paid reasonable costs including associated

travel costs and any necessary accommodation costs; and

(g) forward to the Provider any claims or correspondence from third

parties within seven (7) days of receipt.

10.2 Failure to do what is required under clause 10.1 may result in You being

responsible for any costs incurred by the Provider

11. BREACH OF THESE TERMS AND CONDITIONS

11.1 The Provider shall have the right to terminate the Agreement at any time

following any material breach by You and take immediate possession of the

Vehicle.

11.2 Termination under clause 11.1 will result in You paying for:

(a) all reasonable costs for towing, storage and recovery of the Vehicle;

(b) all reasonable costs to return the Vehicle to its condition at the start of

the Rental Period, fear wear and tear accepted, or the market value of the

Vehicle at the time of termination, whichever is the lesser;

(c) all reasonable administration costs of the Provider;

(d) damage to third party property cause by You;

(e) the Administration Fee; and

(f) any loss incurred by the Provider because the Provider is not able to

use the Vehicle to generate rental income as a result of Your fault pursuant to

clause 8.3(c) of this Agreement

11.3 You will be entitled to terminate this Agreement if the Company materially

breaches its obligations. You will be entitled to terminate this Agreement if the

Provider materially breaches its obligations. In the event you wish to exercise

Your rights under this clause 11.3, You will be entitled to receive a refund and

damages.

12. APPLICABLE LAW

12.1 The laws of the State or Territory in which the vehicle is delivered to You

govern the Terms and Conditions of this agreement.

13. COMPLAINT HANDLING PROCEDURE

13.1 If you believe that there has been an error in Your account or if the

amount charged in unreasonable You must notify the Manager of the Providers

office from where You rented the Vehicle and submit within twenty-eight (28)

days Your complaint in writing providing full details together with any evidence

in support of Your complaint.

13.2 If the Provider concludes as a result of its investigation that:

(a) Your account has been incorrectly debited, the Provider will credit

Your account the shortfall and will notify You in writing; or

(b) Your account has been correctly debited, the Provider will respond by

providing You with its reasons.

13.3 If you are still dissatisfied and have further queries. You must notify the

Provider in writing within seven (7) days and a meeting will be arranged as

soon as practicably possible with a senior representative of the Provider in an

attempt to resolve the issue.

14. PRIVACY ACT

14.1 The Provider is committed to protecting and maintaining the privacy of

Your personal information. In Australia the Privacy Act 1988 regulates the

handling of personal information.

14.2 The Providers Privacy Policy explains how the Provider protects Your

privacy and how it collects, uses and discloses personal information that You

provide.

14.3 The Providers Privacy Policy is available on request.