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VIACAR

Premium Rentals

Customers must agree to these Rental Terms (including any annexures) as stated on the Rental Agreement prior to commencing their rental. These terms are presented to you on making your vehicle reservation through our website. Where customers choose to reserve their vehicle by phone, they will be directed to these Rental Terms.

STANDARD RENTAL TERMS

The Rental Agreement is a five page document. Page 1 of the Rental Agreement includes details of you "The Hirer" (Hirer/Main Driver) and optionally a second "Authorised Driver" (Additional Driver). This page also provides your reservation details, including details of the selected rental Vehicle and rental period, and your signature as acknowledgement of our Rental Terms, Service Area, Driver Requirements and Vehicle Care policies. Pages 2 to 5 of the Rental Agreement provides our Rental Terms as detailed below.
Please read these Rental Terms carefully. Our Rental Agreement is a contract effective throughout your rental period, and up to and including the return of your vehicle at the end of your rental (or until such later time as The Vehicle is returned to The Company).
This is an Agreement between The Hirer and the Additional Driver ("you, your") and VIACAR Premium Rentals ("The Company, us, we and our"), as identified on Page 1 of the Rental Agreement, to rent the motor vehicle ("The Vehicle") described on Page 1 including all its accessories, tools, tyres and equipment as well as any replacement vehicle.
1. Vehicle Condition and Return
You acknowledge The Vehicle is delivered to you in good operating condition with the seal of the odometer unbroken. You agree to return The Vehicle in the same condition (except for ordinary wear and tear), in a reasonably clean state, with a full tank of fuel, together with its tools, tyres, accessories and equipment on the date and place specified on Page 1 (or sooner, if demanded by The Company).
At the start of the rental and before collecting The Vehicle you must inspect The Vehicle to make sure that any pre-existing damage is noted and shown in the Vehicle Condition Report.
The Company may take possession of The Vehicle without prior demand to you and at your expense if there has been a breach of any terms or conditions of this Agreement or if The Vehicle is illegally parked, used in violation of the law or is apparently abandoned. If the seal of the odometer is broken, or otherwise tampered with, you will be responsible for not only an extra charge based on 500 kilometres per day at 50c per kilometre, but also for any cost of repairing the odometer.
You further acknowledge that by signing the Rental Agreement, you are agreeing to these Rental Terms (including any annexures).
NOTE: If there is to be any extension of the period of hire beyond that stated on Page 1, The Company must be notified and it must agree to such extension in writing, otherwise The Vehicle will be immediately reported to the police as stolen.
2. Persons who must not drive The Vehicle
(a) A person who does not hold a full unrestricted driver's licence;
(b) A person who is not identified on the Rental Agreement as either Hirer/Main Driver or the Additional Driver;
(c) A person who is not licensed to drive the hired class of vehicle;
(d) A person whose blood alcohol concentration exceeds the lawful percentage whilst driving The Vehicle;
(e) A person who is driving The Vehicle whilst under the influence of a drug;
(f) A person who has given or for whom you have given a false name, age, address, or driver's licence details;
(g) A person whose driver's licence has been cancelled endorsed or suspended within the last three years;
(h) A person who has held a driver's licence for any class of vehicle for less than two years;
(i) A person who uses or intends to use The Vehicle for an illegal purpose;
(j) A person who is under 21 years of age as at the starting date noted on the Rental Agreement.
Nominated drivers found to be unlicensed, either due to disqualification or suspension, will have their Rental Agreement terminated. The Company reserves the right to terminate your Rental Agreement due to you being unlicensed, or for any other driving related offenses. A refund, neither full or partial, will be provided by The Company to you due to the termination of a Rental Agreement under these circumstances.
In addition, you are responsible for the payment of any infringements, including speeding, parking, driving while intoxicated or drug affected, littering from the vehicle, and other driving offences for which an infringement is issued by law enforcement or other government authorities. Infringement notices received will be forwarded to you for immediate payment.
3. Circumstances where The Vehicle must not be Used
(a) Any area outside the Service Area as described at Annexure A;
(b) The carriage of any persons for hire or the carriage of any inflammable, explosive or corrosive materials;
(c) Pushing or towing any vehicle, trailer, boat or other object;
(d) The carriage of any greater load and/or persons and/or for a purpose for which The Vehicle was designed and constructed;
(e) The carriage of any animal;
(f) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
(g) In a dangerous manner;
(h) In contravention of any legislation or regulation controlling vehicular traffic;
(i) If The Vehicle is damaged or unsafe
(j) To move dangerous, hazardous or flammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(k) In connection with the motor trade for experiments, tests, trials or demonstration purposes;
(l) In any area where snow has fallen;
(m) The Vehicle must not be used in any area that is prohibited by us, including:
(i) Roads that are flooded or flood prone;
(ii) Beaches, streams, rivers, creeks, dams and floodwaters;
(iii) Any road where the police or an authority has issued a warning;
(iv) Any road that is closed; and
(v) Any road where it would be unsafe to drive The Vehicle.
(n) The Vehicle must never be driven or used outside of the Service Area or onto any island other than Bribie Island.
4. Costs
We will pre-authorise your credit card in an amount equal to the Insurance Excess amount as shown in the Acknowledgement section on Page 1 of the Rental Agreement, as security for the Insurance Excess and any other costs as detailed below, prior to your rental commencement.
By entering into this Rental Agreement you are responsible for and irrevocably authorise The Company to debit the credit card provided during reservation of The Vehicle, or any other credit card provided (and you will pay The Company on demand any balance) with the following charges:
(a) The Total Rental Charges specified on Page 1;
(b) All charges claimed by The Company in respect of parking, tolls and/or any other traffic violations incurred during the period of hire or until such later time as The Vehicle is returned to The Company. If The Company pays any tolls, fines, or infringements incurred by you we will charge you and administrative fee for all such payments as well as charging you for the toll, fine or infringement;
(c) All loss or damage to The Vehicle (including the loss or use of that Vehicle, legal expenses, assessment fees, towing & recovery, consequential third party damage, storage and company service charges) where:
(i) Any term or condition of this Agreement has been breached;
(ii) The Vehicle is involved in a collision unless The Company applies the Insurance Excess amount as shown in the Acknowledgement section on Page 1 of the Rental Agreement. A Single Vehicle Collision is defined as any collision where The Vehicle suffers loss or damage as a result of an impact with any object whether animate or inanimate, excepting hail and weather damage. A Multi Vehicle Collision is defined as a collision where The Vehicle suffers loss or damage as a result of an impact with another vehicle(s), excepting a parked vehicle, which can be fully identified and details of which have been provided by you or on your behalf to The Company.
(iii) The exterior of The Vehicle is damaged regardless of cause except where there has been a collision with another vehicle;
(iv) The interior of The Vehicle is damaged regardless of the cause except where there is a collision with another vehicle;
(v) The underbody of The Vehicle is damaged regardless of cause except where there is a collision with another vehicle;
(vi) You have left The Vehicle unlocked or left the keys in The Vehicle;
(vii) You have failed to keep the key secure and under your personal control;
(viii) The Vehicle is totally or partially immersed in water regardless of the cause;
(ix) The tyres of The Vehicle are damaged other than by normal wear and tear;
(x) The Vehicle or any third party property is damaged by driving The Vehicle under or into an object lower than the height of The Vehicle;
(xi) You have failed to maintain all fluid and fuel levels of The Vehicle or failed to immediately rectify or report to The Company any defect in The Vehicle of which you have become or ought to have become aware of;
(xii) The Vehicle is damaged by loading or unloading;
(xiii) You have failed to secure properly any load or equipment which leads to loss or damage caused by any part of the load or equipment;
(xiv) You use The Vehicle as an articulated vehicle;
(xv) You have used The Vehicle for any other purpose than what it was made for; and
(xvi) The Vehicle sustains hail or weather damage.
If you have paid for the hire of The Vehicle by use of a credit card or directed The Company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when called upon by The Company, you hereby irrevocably accept that you are liable and will immediately pay the full amount to The Company on demand. The Company, in addition, may charge you interest at the rate of 15% per annum calculated on a daily basis on all outstanding accounts or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period until such time as the account is settled.
5. Your Obligations
(a) You must not (or allow anyone else to):
(i) Damage The Vehicle deliberately or recklessly;
(ii) Modify The Vehicle in any way;
(iii) Sell, rent, lease or dispose of The Vehicle;
(iv) Register or claim to be entitled to register any intertest in The Vehicle under the Personal Property Securities Act 2009;
(v) Use The Vehicle to carry passengers for hire, fare or reward or for rideshare purposes;
(vi) Use The Vehicle to carry more that the number of passengers for which The Vehicle is licensed; and
(vii) Smoke in The Vehicle and must prevent passengers from doing so.
(b) You must comply with all child restraint laws.
(c) You must take reasonable care of the vehicle by:
(i) preventing it from being damaged;
(ii) making sure that it is protected from the weather and parked in a safe place;
(iii) maintaining the engine and brake oils and coolant level and tyre pressures and checking these no less than on a weekly basis;
(iv) using the correct fuel type; and
(v) making sure it is not overloaded.
(d) If The Vehicle has a manual transmission, you must also take reasonable care to drive The Vehicle in accordance with the manufacturer’s recommendations and in accordance with safe driving practice, including engaging the clutch before starting the engine and when changing gear and not using the clutch to hold The Vehicle stationary on hills or steep inclines. There is no free roadside assistance and no damage cover for damage or third party loss if these requirements are not strictly observed.
(e) If The Vehicle develops a fault during the Rental Period you must inform us immediately and not drive The Vehicle unless we have authorised you to do so and you must not let anyone else repair or work on The Vehicle or towing or salvage of it without our prior written authority to do so.
(f) Where we have given you our prior authority to repair The Vehicle you must keep and produce to us the original tax invoices and receipts for any repairs.
(g) If The Vehicle is damaged at any time you must comply with Annexure 3.
6. Our Obligations
(a) We will provide you with a Vehicle that is of acceptable quality and in good working order.
(b) If The Vehicle breaks down during the Rental Period We will recover and repair The Vehicle as soon as possible. If The Vehicle cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.
(c) Subject to the Australian Consumer Law, if a breakdown does occur We are not responsible for:
(i) flights you have missed;
(ii) holiday plans that are disrupted;
(iii) loss of enjoyment; or
(iv) consequential or economic loss.
7. Damage Cover
Provided you and/or the Authorised Driver act within the terms and conditions of this Rental Agreement, The Company will grant damage cover (which includes your legal costs incurred with our written consent) to you and/or the Authorised Driver in respect of damage to The Vehicle and/or damage to any third party property other than damage to any property owned by you (including any friend, relative, associate or passenger) in your physical or legal control. This cover is also subject to:
(a) You paying the Insurance Excess as shown in the Acknowledgement section on Page 1;
(b) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement;
(c) You and/or the Authorised Driver not being covered under any policy of insurance; and
(d) You providing such information and assistance as may be requested by The Company or anyone acting on behalf of The Company.
If cover is provided, then The Company, or its insurer, may bring, defend or settle, any legal proceedings in its/their sole discretion and The Company shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
There is no Damage Cover for personal items that are left in or stolen from The Vehicle or for loss or damage to property belonging to or in the custody of:
(a) You;
(b) any relative, friend or associate of yours ordinarily residing with you or with whom you ordinarily reside;
(c) any relative, friend or associate of an Authorised Driver; or
(d) Your employees.
8. General Provisions
(a) If there is any incident involving loss or damage to The Vehicle or involving The Vehicle while rented under this Agreement, you must comply with Annexure 3 and promptly report such incident to The Company at the location where The Vehicle was hired as well as delivering to The Company immediately upon receipt by you and/or the Authorised Driver, every summons, complaint or paper in relation to such incident involving such loss or damage. You must also report all incidents to the police or other appropriate authority;
(b) You irrevocably release and hold harmless to The Company (and its agents and employees) from all claims for loss or damage 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 the rental period, whether due to The Company's negligence or otherwise;
(c) You acknowledge that The Company relies on the truth of your/the Authorised Driver representations in this Agreement;
(d) You will not refuse or fail to take any blood analysis or breath test requested by the police;
(e) Except as provided by law, no driver or passengers in The Vehicle shall be or deemed to be the agent, servant or employee of The Company in any manner for any purpose whatsoever;
(f) The Company gives no express warranty in relation to the motor vehicle. Certain conditions and warranties are applied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where The Company is permitted to limit its liability under those statutes for breach of an implied condition or warranty The Company limits its liability to replacement, repair or resupply of The Vehicle. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. The Company is not liable to you and/or the Authorised Driver for any indirect, incidental or consequential damages relating to this Agreement;
(g) No right of The Company under this Agreement can be waived except by writing of an authorised officer of The Company;
(h) Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, and noted on Page 1;
(i) Notwithstanding any other provision in this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, surcharge, levy or fee ("charges") imposed by Local, State or Federal Government that is charged and collected by The Company is imposed anywhere in Australia and has application to any supply or use made under or in conjunction with this Agreement or in relation to the use or the likely use of any roads, facilities or other infrastructure by you and/or the Authorised Driver or in relation to the provision of rental or other services to you or the Authorised Driver. The Company may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from you and/or the Authorised Driver an additional amount on account of the charge. Any additional amount on account of the charge shall be calculated without any deduction or set-off of any other amount and is payable to The Company upon demand;
(j) You acknowledge that your interest in The Vehicle is as a bailee of The Company only and that you agree not to part with possession, dispose of, encumber or assign any right or interest in The Vehicle and not create any lien on The Vehicle for repairs;
(k) You agree to indemnify The Company from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs or an indemnity basis) incurred by The Company as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement;
(l) You acknowledge that The Company has not in any way represented itself to you as an entity carrying on the business of insurance;
(m) You must not at any time admit liability for any claim, loss or demand and agree that if such admission is made by you and/or the Authorised Driver then that is a breach of this Agreement;
(n) You acknowledge that the Annexures form part of these Rental Terms.
9. Fuel
The Vehicle must be returned with a full tank of fuel as vehicles are issued with a full tank of fuel at the commencement of rental. If The Vehicle is returned deficient of fuel The Hirer authorises The Company to charge the cost of fuel replenishment, plus a service charge of $20.00 plus a GST component.
10. Time Charges
Rentals start at the time shown, or on flight arrival where an arrival flight is shown, in the Rental Period section on Page 1. Rentals finish at the time shown, or on flight departure where a departure flight is shown, in the Rental Period section on Page 1. If The Vehicle is returned after the allocated rental period without the Agreement of The Company an additional minimum hourly rate of $20.00 plus a GST component per hour will be applied.
11. Other Chargeable Fees
The Company may charge a fee of $40.00 plus a GST component per hour, or part thereof, for:
(a) handling legal obligations relating to any infringement notices, parking fines or other enquiries of legally authorised Government Authorities;
(b) organising repairs to The Vehicle not covered by insurance; or
(c) if attendance is required to unlock The Vehicle due to keys being locked inside or lost. If keys are lost a replacement charge, at the current market value, will also apply.
If The Vehicle is returned to us in an excessively dirty state, the interior is soiled or there is an offensive smell, you will be charged a cleaning and deodorising fee of $400.
12. Cancellations
Rental cancellations can be made at any time ahead of the commencement of the Rental Period as shown on Page 1. Cancellations can be made by contacting The Company by email, website form submission or by phone, or effected directly via The Company's website by you. The Company shall refund the Total Rental Charges shown on Page 1 on cancellation of the rental, excluding original transaction processing fee, subject to:
(a) a request made by you to The Company no less than 48 hours prior to the commencement of the Rental Period; or
(b) the cancellation effected by you directly through The Company's website no less than 48 hours prior to the commencement of the Rental Period.
Requests for cancellation made to The Company, or cancellations effected by you directly through The Company's website, within 48 hours of the commencement of the Rental Period, or during the rental period, shall incur a Rental Loss Recovery Fee equivalent to a single day rental amount, based on The Vehicle's single day rental rate on the day of cancellation, as indicated on The Company's website.
All refunds transacted by The Company will be processed on the next business day from receipt of the cancellation request by The Company.
13. Damage
The vehicle is deemed to be your responsibility until duly inspected and accepted by an officer of The Company.
14. Privacy Policy
The vehicle is deemed to be your responsibility until duly inspected and accepted by an officer of The Company.
(a) The Privacy Policy forms part of the Rental Contract.
(b) By entering into the Rental Agreement with us you represent to us that you have read and understood the Privacy Policy.
(c) You consent to us collecting, using and disclosing your Personal Information in accordance with the Privacy Policy.
15. Other General Provisions
(a) The Rental Agreement is governed by the laws of the state of Queensland and you agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between you and us.
(b) The Australian Consumer Law provides you with rights that are not affected by the Rental Agreement and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.
(c) We may fit a GPS Device to The Vehicle to enable us to track The Vehicle while it is out of Our possession. When you sign these Terms and Conditions you authorise us to use the GPS Device to track The Vehicle until it is returned to us.

ANNEXURES TO THE RENTAL TERMS

A1. ANNEXURE 1 - SERVICE AREA
You are to remain within the Service Area of The Company at all times during the rental period. The Service Area identified by The Company is within a distance of 200 kilometres from the location of The Showroom of The Company, at 9/11-15 Runway Drive Marcoola. The boundaries of this Service Area are identified as follows:
(a) North of The Showroom up to and including the coastal town of Hervey Bay and Fraser Island.
(b) West of The Showroom past Kingaroy and up to the Eastern perimeter of Barakula State Forest.
(c) South of The Showroom up to and including Coolangatta on the Southern Queensland border.
You are not permitted to drive the vehicle on any unsealed roads or off-road conditions. Unsealed roads may include surfaces such as sand, soil, sand gravel and grass. Vehicles must not be driven on any beach, field, dirt track or any other area considered as unsealed. Exceptions include short private driveways and parking areas. You and/or the Authorised Driver are required to exercise judgement on the suitability of roads based on these vehicle usage guidelines.
A2. ANNEXURE 2 - VEHICLE CARE
You and any other vehicle occupant must adhere to the following Vehicle Care guidelines to ensure the care of the vehicle and the safety of vehicle occupants:
(a) Close the roof of a convertible car whenever there is any form or rainfall, either light or heavy;
(b) Never retract, close or otherwise operate the roof of a convertible car while the vehicle is in motion;
(c) Always ensure you and/or the Authorised Driver, and any other vehicle occupant, remains clear of the convertible roof mechanism of a convertible car during operation;
(d) Never tamper with any part of the roof mechanism of a convertible car at any time;
(e) Never allow entry to the vehicle, or take into the vehicle, any animal of any kind;
(f) Always ensure you, and any other vehicle occupant wears a seatbelt at all times while the vehicle is in motion;
(g) DO NOT SMOKE within the vehicle at any time.
The company employs a NO SMOKING policy for all vehicles. At the conclusion of your rental period, an officer of The Company will clean and assess your vehicle. A $400 cleaning fee will be charged to you where evidence of smoking is found, such as ashes, cigarette butts, upholstery burns, or the smell of smoke within the vehicle.
A3. ANNEXURE 3 - VEHICLE DAMAGE
Vehicle Damage is defined by The Company as follows:
(a) Vehicle Bodywork
(i) Scratch/Scrape over 20mm long and over 1mm wide with paint surface penetration;
(ii) Dent over 20mm diameter or paint surface penetration or multiple dents;
(iii) Bumper scratch/scrape over 20mm in diameter with paint surface penetration;
(iv) Lower front bumper scuffing or scrapes above the first 50mm of the lower front bumper or above the lower front bumper first crease line.
(b) Tyres and Wheels
(i) Punctures (repairable or unrepairable);
(ii) Tread and sidewall damage including cuts, bulges, gouges and abrasions;
(iii) Damage through misuse (e.g. flat spots due to burnouts);
(iv) Wheel trims cracked, broken, missing, mismatched or not original;
(v) Damage to alloy wheels, scuffs over 20mm long, cracked, buckled, gouged, mismatched or not original.
For all tyre damage: Where a repair is possible, only the cost of tyre repair will be charged. Where a repair is not possible, a replacement tyre (including fitting) will be charged. Where selected, Windscreen and Tyre Damage Waiver (WTDW) waives you of any liability for standalone accidental damage to the tyres of The Vehicle during the rental.
(c) Mirrors and Lights
(i) Damage to mirrors including chips, scratches and cracks;
(ii) Damage to lights including chips, holes, scratches and cracks.
(d) Vehicle Interior
(i) Any missing original equipment as noted;
(ii) Trim damage or missing parts of the interior trim;
(iii) Upholstery burns, cuts, stains or tears to the seats, carpets, roof lining and material in the glove box/boot.
(e) Windscreen
(i) Any cracks or chips over 2mm that occur in the Primary Vision Area (PVA);
(ii) Any cracks or chips over 2mm that occur in the Critical Vision Area (CVA).
For all windscreen damage: Repair is possible for cracks and chips between 2mm to 20mm in Primary Vision Area (PVA) only. Replacement is required for chips and cracks over 2mm in Critical Vision Area (CVA) edge of screen (90mm for top and sides, 65mm from bottom) and over 20mm in Primary Vision Area (PVA). Where selected, Windscreen and Tyre Damage Waiver (WTDW) waives you of any liability for standalone accidental damage to the windscreen of The Vehicle during the rental.
You will be provided with a vehicle Condition Report by an officer of The Company at the time you collect your rental car. Current vehicle damage will be identified by The Company and you will be permitted to make additions to this Condition Report prior to moving the vehicle away from The Showroom of The Company providing those additional reflect the real state of The Vehicle.
In the event you are involved in a traffic accident, you are required to undertake the following steps:
(a) Exchange contact information and relevant personal information with the other party(ies) involved in the traffic accident;
(b) Take photos of the incident, including photos of the immediate and surrounding area showing all vehicles involved, photos of damage of your vehicle, and photos of damage to all other vehicles involved in the incident;
(c) Make contact with The Company as soon as possible to explain the incident in detail;
(d) Submit an Accident Report via The Company’s website.
The Company will arrange for an independent assessment of the damage sustained to your rental car and will issue a Notice of Assessment for you to review. If you wish to dispute the damage assessment made by The Company, you can do so by contacting an officer of The Company at claims@viacarpremiumrentals.com.au for a review of the matter and for dispute resolution.