Vehicle Terms and Conditions - Part B

1. The term “vehicle” refers to the vehicle rented by the Owner to the user and all equipment, accessories or component parts installed in or attached to the vehicle. It does not include loads or goods carried by the vehicle or personal property placed in the vehicle by the user or any other person. The vehicle may be a motor vehicle, including but not limited to a truck or ute.

2. The term “Owner” means the registered owner of the vehicle identified in this agreement and includes its employees but not persons who act as agents managing the use of the vehicle. The term “User” means the party agreeing with the Owner to use the vehicle identified in this agreement.

4. This agreement is made between the Owner and the User named herein and the vehicle must not be used by any other person who is not a party to this agreement.

6. The User acknowledges that the vehicle is clean and in good working order at the time of use and undertakes to return it in a similar condition. The User agrees to pay for the vehicle to be cleaned and restored to its condition as at the commencement of use if in the opinion of the Owner the User has returned the vehicle in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the vehicle. Pre-existing damage or wear and tear is to be noted in this agreement by the User as being present at the commencement of use to protect the User from liability.

7. The User is strictly liable for the loss of, and all damage to, the vehicle, loads or goods carried by the vehicle, any personal property left in the vehicle, and the property of any person caused by the use of the vehicle. This loss includes not only the material loss of the vehicle but also the loss of earnings ordinarily derived by the vehicle as determined by the Owner and any administrative and transport costs incurred in the recovery of this loss.

9. The User agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the failure of the User to perform its obligations under this agreement or loss and damage to any personal property that is connected with the use of the vehicle under this agreement. This does not include the vehicle or any other property damaged as a result of the vehicle colliding with it and does not include loss and damage caused by the negligence or wilful default of the Owner.

10. The User has rights conferred by consumer protection legislation, including guarantees that the vehicle is of merchantable quality, matches any description or sample against which it is hired and any services are provided to the User by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the vehicle or the use of the vehicle.

11. To the maximum extent permitted by law and these conditions, the Owner accepts no responsibility or liability to the User for any loss, damage, costs, expenses, damages (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liabilities resulting from:
a. Any accident, breakdown or other failure of the vehicle.
b. Loss of or damage to the User or any other person’s property, including personal property left in any vehicle.
c. Loss of or damage to any load or goods carried by the vehicle.

12. Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the User for any indirect, special or consequential damage arising in any way out of any matter covered by this agreement.

13. Unless the vehicle has been hired for personal, domestic or household use, any liability of the Owner, including liability for negligence, is limited to the extent permitted by law to:
(i) In the case of goods, at the option of the Owner:
a. Replacement of the goods or supply of equivalent goods.
b. Repair of the goods.
c. Payment of the cost of replacing the goods or acquiring equivalent goods.
d. Payment of the cost of having the goods repaired.
(ii) In the case of services, at the option of the Owner:
a. Supplying the services again.
b. Payment of the cost of having the services supplied again.

14. The User will only drive or use the vehicle on roads that constitute the national road system or properly constructed driveways.

15. The period of use of the vehicle shall be limited to the period set forth on the front of this agreement or travel dates on itinerary provided that if no period of hire is specified the period of use shall terminate at the same date and location that hire commenced. The User must at his own expense return the vehicle to the address stated within or if no such address is stated to the service station or place from which the said vehicle was used not later than the time for termination of the period of use. When the vehicle cannot be returned by the time of termination of use the User must advise the Owner or its agent for that time and advise the Owner or its agent of the estimated time of return. In the event that the vehicle is not returned all costs of and incidental to the location and recovery of the vehicle shall be paid for by the Hirer.

16. In the event of the vehicle breaking down or being damaged the User shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of hire shall be determined upon such return of the vehicle to the Owner or its agent. If the User fails to return the car to the Owner or its agent, the User shall be responsible for all freight and other charges incurred by the Owner or its agent in respect of the delivery and return of the vehicle except when authorised by the Owner or its agent in writing.

17. If the vehicle is not returned to the place of hire or location set out in this agreement for return for any reason but taken into possession by the Owner or its agent at any other location then it is hereby agreed that in such circumstances the deposit paid will be forfeited to the Owner as liquidated damages to defray the cost of recovery and in addition the Hirer agrees to pay on demand a recovery fee of $2.00 per kilometre required by the Owner or its agent to travel to return the vehicle to the return address and any other out-of-pocket expenses.

19. The User is responsible for any traffic or parking offences incurred during the period of use and will pay any camera fines incurred during such huse.

21. The User authorises the Owner to charge the User’s credit or debit card with the hire charge as well as any additional charges, including, but not limited to those fees or charges resulting from late return of the vehicle, tolls, fines resulting from traffic infringement notices or parking offences, costs resulting from failure to refuel the vehicle, transport and recovery costs, legal expenses and recovery of any loss or damage, related to this agreement or the hire of the vehicle.

22. The User agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, any debt collector costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor/ client basis).

23. During the continuance of the hire the User will not:
a. Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the vehicle or any interest of the Owner herein or create or allow to be created any security interest over the vehicle.
b. Part with possession of the vehicle except to parties named in this agreement.
c. Allow any lien to be created in respect of the vehicle for repairs or otherwise.

25. Without prejudice to the rights of the Owner to recover from a User any monies due and damages for breach of the agreement the Owner may enter into or upon any premises where the vehicle may be located for the purposes of repossessing the vehicle. The User indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.

26. Either the User or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.

27. The User will use the vehicle in a skilful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the vehicle. The User must complete any User Checklist or Equipment Taken Checklist appearing in this agreement and report any faults with the vehicle to the Owner or its agents at the time of use. The User must not use the vehicle if it appears unroadworthy and certifies that:
a. He has read and understood all instructions provided for the safe use and operation of the vehicle.
b. He is competent to correctly connect and disconnect the vehicle.
c. He is competent to ensure safe load distribution and not exceed maximum load rating for the vehicle.
d. He has a current Australian photo Driver’s licence and is licenced to drive or tow the vehicle.

28. The User acknowledges that:
a. The agreement between that Owner and User comprises the whole agreement and that no collateral oral statements by the Owner or his agent form part of the agreement.
b. He has legal capacity to enter into this agreement.
c. The singular includes the plural, the masculine gender includes the feminine in the interpretation of these terms.

29. The Owner will collect and use personal information that the User provides when use the vehicle or collected during the use of the vehicle. We will take reasonable steps to protect your personal information from misuse, unauthorised access or wrongful disclosure but we may disclose your personal information to related and non-related third parties and store information about you in our database or IT systems. The Owner may use vehicle tracking technology associated with the use of this vehicle and the User acknowledges and consents to this. A copy of our Privacy Policy is published at www.kingislandsurfsafaris.com.au.