The parties agree that the hire details and the principal charges for the Rental Vehicle at the time of collection of the Rental Vehicle are as set out in the Hire Form.
Subject to clauses 15 to 20, You agree to pay to IITR the following Hire Charges.
The daily rate noted on the Hire Form for each Hire Day. The minimum charge will be the daily rate for one Hire Day unless otherwise stated in the Hire Form.
A charge noted on the Hire Form for delivering the Rental Vehicle to and/or collecting the Rental Vehicle from any location as requested by You.
A charge of up to $150.00 where You return the Rental Vehicle to a location other than the Return Location.
The amount for an optional Accident Excess Reduction (AER) as accepted by You and noted on the Hire Form, calculated for each Hire Day.
The amount for an optional Underage Accident Excess Reduction (UAER) as accepted by You and noted on the Hire Form, calculated for each Hire Day.
A daily charge noted on the Hire Form if You or an Additional Driver is the holder of a provisional licence.
A charge noted on the Hire Form in respect of operating costs including, but not limited to, vehicle registration, compulsory third-party insurance, stamp duty on vehicle purchases and transport accident charges.
A charge noted on the Hire Form for each kilometre driven in excess of the kilometre allowance of 100km per day, averaged over the duration of the Hire Period.
A charge noted on the Hire Form for delivering and/or collecting the Rental Vehicle outside Business Hours.
The percentage rate noted on the Hire Form in relation to administration functions undertaken in respect of the hire of the Rental Vehicle.
You agree to pay to IITR the following Additional Charges.
A charge to refuel the Rental Vehicle at the per litre rate noted on the Hire Form where You fail to return the Rental Vehicle with the same level of fuel as recorded on the Hire Form.
The Fuel Charge will be calculated as follows: Missing fuel level (either 100%, 75%, 50% or 25%) x fuel tank size x per litre rate noted on the Hire Form.
A charge of 1.5%, or such higher percentage as set by IITR's financial institution, for any amount charged to Your credit or debit card.
The cost of providing breakdown roadside assistance, where the problem is not caused by a problem inherent to the Rental Vehicle.
A minimum charge of $150.00 (exclusive of GST) or such higher reasonable charge depending on the distance travelled and time and/or difficulty associated with the recovery of the Rental Vehicle, for the cost of recovery and/or towing of the Rental Vehicle (to IITR's premises, police compound or a vehicle assessment/repair facility), in the event of an Accident or if You lose the Rental Vehicle keys.
A minimum charge of $150.00 (exclusive of GST) for returning the Rental Vehicle keys and/or remote door opening devices to a location other than the Return Location.
A minimum charge of $150.00 to a maximum of $3,000.00 (exclusive of GST) for the cost of replacing lost Rental Vehicle keys and/or remote door opening devices.
A charge for cleaning an Excessively Dirty Vehicle, including (the fee charged will depend on the extent of cleaning required to be determined at IITR's sole discretion):
a fee of $150.00 (exclusive of GST) for a basic detail (being an interior and exterior clean); or
a fee of $280.00 (exclusive of GST) for a deluxe detail (being a basic detail plus deodorising the carpet, cleaning the door jams, and cleaning all internal leather, vinyl and plastics); or
a fee of $380.00 (exclusive of GST) for a full detail (being a deluxe detail plus an interior steam clean and an exterior cut and polish); and/or
a fee of $380.00 (exclusive of GST) if there is any evidence someone has smoked in the Rental Vehicle or if the Rental Vehicle has been used to carry animals (excluding registered service animals).
You agree that the Rental Vehicle will be deemed an Excessively Dirty Vehicle if You, any Additional Driver or any other occupant(s) smoke any substance inside the Rental Vehicle, or if the Rental Vehicle is used to carry animals (excluding registered service animals).
You are responsible for payment of any tolls incurred during the Hire Period or otherwise whilst the Rental Vehicle is in Your possession, custody or control. IITR will charge You the amount of any toll plus an administration fee of $3.00 (exclusive of GST) per toll capped at $12.00 (exclusive of GST) to reimburse IITR for the administrative cost incurred in processing the toll.
Interest will be calculated daily at the rate being 4% above the Cash Rate Target set by the Reserve Bank of Australia on any amount that remains unpaid after the expiry of 7 days after the issue of a tax invoice by IITR.
If the Rental Vehicle is returned outside Business Hours, then You will be charged the Full Daily Hire Charge for each day until IITR inspects and accepts the return of the Rental Vehicle on the next Business Day.
You must reimburse IITR for its reasonable costs and expenses incurred in collecting any amount payable under this Agreement from You.
If a traffic, parking or toll infringement notice is received by IITR relating to the use of the Rental Vehicle during the Hire Period or otherwise whilst the Rental Vehicle is in your possession, custody or control, then IITR will:
advise the relevant authority that You were the driver of the Rental Vehicle at the time of the infringement. The authority will then issue the infringement notice to You;
charge You an administration fee of $33.00 (exclusive of GST) for each infringement notice received to reimburse IITR for the administrative cost incurred in processing the infringement notice.
You will be charged a non-return of Rental Vehicle fee at the Full Daily Hire Charge for each day the Rental Vehicle is not returned in accordance with clause 5(a).
A charge of $22.00 where You fail to provide IITR with acceptable proof of registration of Your Vehicle before the Rental Vehicle is returned, being the cost of requesting registration details from the relevant roads authority.
The Rental Vehicle must never be used:
The following people are not to drive the Rental Vehicle or otherwise be in control of the Rental Vehicle:
You will be fully responsible and liable for damages under clause 9, even if You have accepted AER and/or UAER, where the Rental Vehicle is:
You will be fully responsible and liable for damages under clause 9 for any Accessories, even if You have accepted AER and/or UAER for the Rental Vehicle. AER and UAER do not apply to any loss of or damage to Accessories.
The costs of prosecuting the Recovery Claim will be paid from the proceeds (including any amount recovered for interest or legal costs) of the Recovery Claim. If the costs exceed the proceeds, then IITR will pay the difference.
then You will pay the amount of any GST that is withheld within 14 days of the issue of an invoice to You by IITR.
Any written notice or demand required to be given under this Agreement will be sufficiently made:
Any part of this Agreement shall be severable without affecting any other part of this Agreement.
Vehicle Monitoring System
If the Rental Vehicle is owned by Custom Service Leasing Pty Ltd (CSL) and leased to IITR for use in its business, then You acknowledge that:
Terms capitalised throughout this Agreement are defined as follows:
"Accessories" means keys and remote door opening devices, any removable equipment supplied with the Rental Vehicle including, but not limited to, child restraint seats and satellite navigation devices (which may or may not attract an additional charge for usage), tyres, tools (supplied with the Rental Vehicle), SD card, telematics, roof racks and tow bar, which are only to be used:
"Accident" means any accident between the Rental Vehicle and any other object, including another vehicle, or any other incident or occurrence that results in the Rental Vehicle being damaged, lost or destroyed;
"Additional Charges" means all the amounts payable by You as set out in clause 8;
"Additional Driver" means any person, in addition to You, who is not a Prohibited Person and is authorised in writing by IITR to drive the Rental Vehicle.
"ADE" means the Accident Damages Excess as referred to in clause 10 and noted on the Hire Form.
"AER" means the Accident Excess Reduction as referred to in clause 11 and noted on the Hire Form.
"At Fault Party" means any individual or entity responsible, including vicariously, for the Collision and the resulting Loss and Damage.
"Business Day" means a day that is not a Saturday, a Sunday, a public holiday or a bank holiday in the State in which the Rental Vehicle was hired.
"Business Hours" means 9.00am-5.00pm on a Business Day.
"Cancellation Period" has the meaning given in clause 24(a)(a).
"Claim" includes all issues, disputes, damages, including without limitation, negligence claims, demands, debts, accounts, expenses, costs, liens, actions, proceedings, complaints or differences of any or every kind, name, nature or description which a third party has now, had or might have had or might assert in the future.
"Collision" means the motor vehicle collision involving Your Vehicle on the date of the accident.
"Commencement Date" means the later of:
"Daily Rate" means the daily rate noted on the Hire Form.
"Delivery Inspection Report" means the report that is referred to in clause 2.
"Excessively Dirty Vehicle" means a Vehicle which requires cleaning beyond IITR's standard cleaning practice, being a general exterior and interior clean using regular cleaning products, water high pressure cleaner and vacuum taking no longer than 15 minutes and not requiring steam cleaning, specialised cleaning products or specialised third party cleaners.
"Four Wheel Drive (4WD) Vehicle" means a vehicle capable of powering all four wheels simultaneously if the 4-wheel drive mode is engaged by the driver but excludes an ‘All Wheel Drive (AWD) Vehicle' which in normal operation distributes power differentially to each wheel.
"Full Daily Hire Charge" means all Hire Charges and Additional Charges payable by You under this Rental Agreement for each Hire Day.
"Hire Charges" means all the amounts payable by You as set out in clause 7.
"Hire Day" means each calendar day, or part calendar day, on which You have possession, custody or control of the Rental Vehicle.
"Hire Form" means the form referred to in clause 1 on which all personal and Rental Vehicle details are recorded, which is completed at the time the Rental Vehicle is hired.
"Hire Period" means the period during which the Rental Vehicle is hired by You, beginning at the Commencement Date and ending at the time when:
"Insurer" means any person or entity that has agreed to, or may be called upon to, indemnify any party, including You, for the Hire Charges, or any part thereof.
"Intoxicated" means where the driver is under the influence of any drug, substance or intoxicating liquor to the extent that the person's ability to control the Rental Vehicle is impaired or where the driver's blood level of any drug or alcohol is in breach of the applicable State or Territory legal limit, or where the driver refuses or fails to provide a breath, blood or other sample when lawfully required to do so by or on behalf of the Police or as required by any law of the applicable State or Territory.
"Loss and Damage" means any and all property loss and damage suffered by You as a result of the Collision, including the Hire Charges, but excluding any claim for personal injury.
"Non-Excludable Obligation" has the meaning given in clause 23(a).
"Personal Information" has the meaning given to that term in the Privacy Act 1988 (Cth).
"Prescribed Amounts" means:
"Privacy Laws" means all applicable data protection and privacy laws in any applicable jurisdiction, including the Privacy Act 1988 (Cth).
"Prohibited Person or People" has the meaning given in clause 14.
"Prohibited Use" has the meaning given in clause 14.
"Recovery Claim" means a claim for the recovery of the Hire Charges by way of damages from the At Fault Party or Insurer arising from the Collision.
"Recovery Firm" means such law firm or mercantile recovery agent IITR may in is absolute discretion elect to instruct to prosecute the Recovery Claim on Your behalf.
"Reduced ADE" means the Reduced Accident Damages Excess referred to in clause 11 and noted on the Hire Form.
"Reduced UADE" means the Reduced Under-Age Accident Damages Excess referred to in clause 11 and noted on the Hire Form.
"Rental Vehicle" means the motor vehicle described on the Hire Form, or any alternate motor vehicle that IITR supplies to You, whether as a replacement, upgrade or otherwise, and includes all Accessories in or fitted to the Rental Vehicle by the manufacturer or by IITR.
"Return Location" means the location from which the Rental Vehicle was hired.
"Total Liability Use" has the meaning given in clause 14.
"UADE" means the Under-Age Accident Damage Excess as referred to in clause 10 and noted on the Hire Form.
"UAER" means the Under-Age Accident Excess Reduction as referred to in clause 11 and noted on the Hire Form.
"VRR" means the costs referred to in clause 7(f).
"Your Vehicle" means your registered motor vehicle.
"You / Your" means the Customer.