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Terms And Conditions
When a vehicle is rented, the renter agrees to the company's Terms and conditions, company’s privacy policy, and rental contract.
1. Who can drive the Vehicle?
a. Authorised Driver including the drivers listed on the Agreement who have valid Australian full licence with age at least 25 years or above can drive the Vehicle. Learner drivers and provisional and probationary license holders are not acceptable and must not drive the Vehicle.
b. It is considered a Major Breach of the Rental Contract if an unauthorized driver/s drives the Vehicle. In such a situation, no cover is provided to the Renter/s or the unauthorized driver/s for any Damage or Third-Party Loss.
c. The Vehicle must not be driven if the license of the Renter/ s or any Authorised Driver has been canceled within 2 years of the date of the Rental Agreement.
2. Prohibited Use
The Vehicle must not drive by the Renter/s or any Authorised Driver:
a. whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by Australian law
b. recklessly or dangerously or Whilst the Vehicle is damaged or in unsafe to drive.
3. Prohibited Use of Vehicle
The Vehicle must not use
a. for any illegal purpose.
b. to transport dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above than used for domestic purposes.
c. to carry or transport illegal drugs or substances.
d. to propel or tow another vehicle.
e. in connection with the motor trade for experiments, tests, trials, or demonstration purposes; or
f. in an unsafe or un-roadworthy condition.
4. The Renter/s and any Authorised Driver must not:
a. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment.
5. The Renter/s and any Authorised Driver must not:
a. damage the Vehicle deliberately or recklessly or allow anyone else to do so.
b. modify the Vehicle in any way.
c. sell, rent, lease, or dispose of the Vehicle or
d. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
6. The Renter/s and any Authorised Driver must not use the Vehicle:
a. to carry passengers for hire, fare, or reward or for rideshare purposes; or
b. to carry more than the number of passengers for which the Vehicle is licensed.
7. Anyone must not smoke in the Vehicle and Renter/s must prevent any passenger from doing so.
8. Where the Vehicle cannot be used
a. on an Unsealed Road
b. Off Road
c. in any area where snow has fallen or
d. above the snow line in Victoria, Canberra & New South Wales between 1 May and 31 October.
e. in the Northern Territory, in any area outside the Darwin Metropolitan area (including Palmerston) between sunset and sunrise.
f. In NSW and Canberra only, the Vehicle may be driven on an Unsealed Road provided the road is graded and well maintained and the condition of the road will not make the use of the Vehicle unsafe or expose it unreasonably to Damage.
9. The Vehicle must not be used in any area that is prohibited by the Owner/s. Prohibited areas include:
a. roads that are prone to flooding or are flooded.
b. beaches, streams, rivers, creeks, dams, and floodwaters.
c. any road where the police or an authority has issued a warning.
d. any road that is closed and
e. any road where it would be unsafe to drive the Vehicle.
10. The Vehicle must never be driven or used:
a. outside of the state in which the Vehicle is hired or
b. onto any island that is off mainland Australia except:
I. Magnetic Island
II. Bribie Island
III. Phillip Island or
IV. Bruny Island
11. Without prior written permission prior to the start of the Rental, the vehicle must never be driven or used.
a. in Tasmania
b. in Western Australia and the Northern Territory:
c. on the Tanami Track
d. on the Buntine Highway
e. the Gunbarrel Highway or
f. the Duncan Highway
g. in the Northern Territory
h. on the roads to Jim Falls and Twin Falls or
i. on the Kakadu Highway past Ubirr or
j. in Western Australia.
12. Obligations
a. At the start of Rental period, Renter/s must:
I. and before collecting the Vehicle, the Owner/s will pre-authorise Renter/s ’s credit card for a Holding Deposit of $500 as security for the Rental Charges and other fees and charges incurred during Renter/s rental unless the Platinum Package has been selected.
II. At the start of the Rental period, the Renter/s must inspect the Vehicle to make sure that any pre-existing damage is noted and shown in the Rental Agreement.
b. At the End of the Rental period, Renter/s must:
I. Return the Vehicle
II. In the same condition it was in at the Start of Rental, fair wear and tear excepted
III. In a reasonable state of cleanliness and
IV. With a full tank of fuel
a) Payment at the time of the return of the vehicle
i. The Rental Charges, including any adjustment for extra kilometres.
ii. The cost of refuelling, including a refuelling charge, if the Vehicle is returned with less than a full tank of fuel.
iii. The Damage Excess if there is Damage or Third-Party Loss as a result of an Accident or the Vehicle is stolen.
iv. Any costs Owner/s incur, including extra cleaning and deodorising costs under clause 9.6, in reinstating the Vehicle to the same condition it was in at the Start of Rental, fair wear and tear excluded.
v. For all Damage, theft of the Vehicle and Third-Party Loss arising from a Major Breach of the Rental Contract.
vi. For all Overhead Damage.
vii. For all Underbody Damage, and
viii. For any Damage caused by the immersion of the Vehicle in water.
13. Renter/s and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.
14. If Owner/s pay for any tolls, fines or infringements incurred by Renter/s during the Rental Period Owner/s will charge Renter/s an administrative fee for all such payments as well as charging Renter/s for the toll, fine or infringement.
15. Renter/s must comply:
a. with all mandatory seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened.
b. with all child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.
c. Renter/s and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote-control device must be kept in Renter/s possession, or that of any Authorised Driver, at all times.
16.Renter/s and any Authorised Driver must take reasonable care of the Vehicle by:
a. preventing it from being damaged
b. making sure that it is protected from the weather
c. maintaining the engine and brake oils and coolant level and tyre pressures and checking them no less than on a weekly basis
d. using the correct fuel type and
e. Making sure it is not overloaded.
17. If the Vehicle develops a fault during the Rental Period Renter/s must inform us immediately and not drive the Vehicle unless Owner/s have authorised, Renter/s to do so and Renter/s 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.
18. Where Owner/s have given Renter/s our prior authority to repair the Vehicle Renter/s must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and Renter/s will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
19. Our obligations
a. Owner/s will provide Renter/s with a Vehicle that is of acceptable quality and in good working order.
b. If the Vehicle breaks down during the Rental Period Owner/s will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired, Owner/s 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, Owner/s are not responsible for:
i. flights Renter/s have missed.
ii. holiday plans that are disrupted.
iii. loss of enjoyment; or
iv. consequential or economic loss.
d. Damage Cover
i. Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions and the level of Liability Reduction Renter/s have selected, Owner/s will indemnify Renter/s and any Authorised Driver for Damage, theft of the Vehicle or Third-Party Loss but for each Accident or theft Renter/s must pay:
ii. up to the Damage Excess shown on the Rental Agreement and
iii. the cost of any items not covered by the Liability Reduction Package Renter/s have selected (see clause 7.2) unless
iv. Owner/s agree Renter/s were not at fault and
v. the other party was insured, and their insurance company accepts liability and agrees to pay for Our loss.
21.Liability Reduction options
a. Liability Reduction Package A provides:
i. a standard Damage Excess of $3500 with a standard insurance fee of $25 per day; and
ii. basic liability protection for Vehicle Damage, theft and Third-Party Loss that exceeds the Damage Excess as well as roadside assistance, but it excludes any cover for Damage arising from impacts with animals, hail and storm Damage, Damage to the interior of the Vehicle, Damage to its windscreen and tyres, towage, Loss of Use and Accident fees.
b. All Damage Liability Reduction Packages are subject to the Damage Cover Exclusions in clause 8 and to these Terms and Conditions.
i. The Damage Excess payable under clause 7.1(a) and the cost of any items not covered by the Liability Reduction Package Renter/s have selected, will be charged to Renter/s credit card as follows:
ii. for Single Vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to Renter/s.
iii. if the Vehicle has been stolen, after Owner/s have made reasonable enquiries and, in Our opinion, it is unlikely the Vehicle will be recovered.
iv. for Accidents in which there is also Third-Party Loss, after.
a) a reasonable estimate of the Third-Party Loss has been made
b) a repairer’s estimate or tax invoice verifying the amount charged for Damage has been obtained; and
c) all documents verifying the Third-Party Loss and Damage have been sent to Renter/s,
C. unless Renter/s have expressly authorised the charge to Renter/s credit card at an earlier time.
a. A claims handling fee ranging from $210 for claims for Single Vehicle Accidents and theft to $320 where the Accident involves other Vehicles or Third-Party Loss. It applies to all Accident and theft claims and must be paid in addition to the Damage Excess and covers the administrative costs of handling Renter/s claim, including arranging for repairs and towing and managing claims for Third Party Loss. It is payable at the time Renter/s lodge Renter/s Accident or theft claim with Us and is not refundable.
22.Damage Cover Exclusions
I. There is no Damage Cover, and Renter/s and any Authorised Driver are liable for Damage or Third-Party Loss arising from:
II. 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) Renter/s;
b) any relative, friend or associate of Renter/s ordinarily residing with Renter/s or with whom Renter/s ordinarily reside;
c) any relative, friend or associate of an Authorised Driver; or
d) Renter/s employees;
23.Rental Period, costs & charges
23.1 The Rental Agreement shows:
a) the Rental Period for which Renter/s have hired the Vehicle; and the Rental Charges.
b) At the End of Rental, Renter/s must return the Vehicle on the date and by the time shown in the Rental Agreement. If Renter/s require the Vehicle for longer than the Rental Period, Renter/s must notify Us at least 24 hours prior to the expiration of the Rental Period. If Renter/s fail to do so, Owner/s may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact Renter/s report the Vehicle as stolen to the Police.
23.2 If Renter/s return the Vehicle:
I. more than one hour after the time set for its return in the Rental Agreement, Owner/s will charge Renter/s $25 per hour up to one full day’s rental and a further full day’s rental at the standard rate for each 24-hour period or part thereof until the Vehicle is returned to Us;
a. at any time, other than during Our normal business hours Renter/s must pay for the daily Rental Charges and all Damage until the Rental Location next opens for business and a final inspection of the Vehicle has been undertaken; or
b. at any airport, Renter/s must pay for the daily Rental Charges and all Damage until a final inspection of the Vehicle has been undertaken.
c. At the End of Rental, Renter/s must also pay for all amounts owing pursuant to clause 5.3(b) and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of Rental.
d. Any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to Renter/s as soon as practicable. If any amount is due to Us or remains unpaid Renter/s authorise Us to debit Renter/s credit card with that amount within a reasonable time after the End of Rental.
24.Cleaning Fees
If the Vehicle is returned to Us in an excessively dirty state, the interior is soiled or there is an offensive smell including as a result of a breach of clause 3.5, Renter/s will be charged a cleaning and deodorising fee of up to $300
25.Credit card authority
If any amount is due to Us or remains unpaid, including the Damage Excess payable under clause or remains unpaid Renter/s authorise Us to debit Renter/s credit card with that amount within a reasonable time after the End of the Rental.
26.Default in payment
If Renter/s default in the payment of any moneys owed to Us under the Rental Contract, Renter/s authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on Renter/s. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about Renter/s including defaults in excess of 60 days and the debt owed to Us.
27.Northern Territory only
A daily limit of 250 kilometres applies unless Renter/s have Our prior written approval to have this fee waived and it is noted on the Rental Agreement. For each day Renter/s exceed that limit Renter/s will incur an additional fee of thirty cents (25c) per kilometre.
28.Cancellation
If Renters/s booking is cancelled within 48 hours prior to start of rental or fail to notify us of intended cancellation to the start or rental, then Renter/s will be charged the Rental Charges for the Rental Period as booked unless Owner/s are able to hire the Vehicle to another customer for an equivalent term and rate.
29.Toll Charges
I. Toll Charges and Processing (Sydney, Melbourne, Brisbane and Gold Coast Only)
II. Renter/s vehicle is fitted with an E-tag that is linked to Renter/s reservation. All tolling charges Renter/s incur will be automatically billed to Renter/s credit card on file with Us by Roads and Maritime Services (RMS). Renter/s must pay for any and all charges relating to tolls using Renter/s E-tag provided in the Vehicle.
III. The e-tag must not be removed from the Vehicle under any circumstances. Removal will result in additional replacement and recovery costs.
IV. By signing these Terms and Conditions Renter/s consent to agree the terms and conditions set out by RMS.
30.Animals in Vehicles
I. Owner/s allow domestic pets to ride in Our Vehicles.
II. Although Owner/s do not charge an extra fee for pets, Renter/s will incur an additional charge for any Damage caused by animals, or any special cleaning required as a result of shedding or accidents.
III. These conditions also apply to service animals.
IV. Transport of animals within the Vehicle and the use of an appropriate restraint, container or crate is entirely Renter/s responsibility. Please be aware that government regulation also applies.
31.Accidents or breakdowns
24-hour roadside assistance is provided free of charge and in the event that Renter/s require assistance Renter/s must contact us on 0422 302 982 (24hrs) to arrange that assistance. Provided there has not been a Major Breach Owner/s will supply all practical assistance as soon as practicable.
32.Owner/s are not responsible for:
I. Damage as a result of use of the incorrect fuel type.
II. a flat battery because the lights or entertainment systems have been left on.
III. tyre changing.
IV. lost keys or remote-control device or
V. keys or remote-control device locked in the Vehicle,
and extra charges will apply if any of these services are provided at Renter/s request.
I. If Renter/s or an Authorised Driver has an Accident or if the Vehicle is stolen Renter/s must report the Accident or theft to us within 24 hours of it occurring and fully complete an Accident/Theft report form.
II. If the Vehicle is stolen or if Renter/s or an Authorised Driver of the Vehicle has an Accident where:
33.any person is injured;
I. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
II. the other party appears to be under the influence of drugs or alcohol,
III. Renter/s or the Authorised Driver must also report the theft or Accident to the Police.
34. If Renter/s or an Authorised Driver has an Accident Renter/s and the Authorised Driver must:
I. exchange names and addresses and telephone numbers with the other driver;
II. take the registration numbers of all vehicles involved;
III. take as many photos as is reasonable showing:
IV. the position of the Vehicles before they are moved for towing or salvage;
V. Damage to the Vehicle;
VI. the damage to any third-party vehicle or property; and
VII. the general area where the Accident occurred, including any road or traffic signs;
VIII. obtain the names, addresses and phone numbers of all witnesses;
IX. not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
X. forward all third-party correspondence or court documents to Us within 7 days of receipt; and
XI. co-operate with Us in the prosecution of any legal proceedings that Owner/s may institute or defence of any legal proceedings which may be instituted against Renter/s or Us as a result of an Accident, including attending Our lawyer’s office or any Court hearing.
35.Consequences of a Major Breach of the Rental Contract
35.1 If Renter/s or any Authorised Driver:
I. commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third-Party Loss; or
II. drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, has occurred,
35.2 Renter/s and any Authorised Driver:
I. have no Damage Cover;
II. are liable for all Damage, theft of the Vehicle and Third-Party Loss; and
III. are liable for and must pay any additional costs or expenses Owner/s incur as direct consequence thereof.
IV. Acting reasonably, Owner/s may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of clause 14.1 has occurred.
36.Privacy Policy
I. The Privacy Policy forms part of the Rental Contract.
II. By entering the Rental Contract with Us Renter/s represent to us that Renter/s have read and understood the Privacy Policy.
III. Renter/s consent to us collecting, using, and disclosing Renter/s Personal Information in accordance with the Privacy Policy at https://mintocarhire.com.au/privacy-policy/
IV. Other general provisions
37.The Rental Contract is governed by the laws of the state in which the Vehicle was rented, and Renter/s agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between Renter/s and Us.
38.The Australian Consumer Law provides Renter/s with rights that are not affected by the Rental Contract and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.
39.Owner/s may fit a GPS Device to the Vehicle to enable Us to track the Vehicle while it is out of Our possession. When Renter/s sign these Terms, and Conditions Renter/s authorise Us to use the GPS Device to track the Vehicle until it is returned to Us.
40. Definitions
When Renter/s read these Terms and Conditions Renter/s will see that there are a number of terms that occur regularly throughout this document. These words or phrases have a specific meaning each time they appear, and Renter/s should familiarise Renter/s self with them.
Accident means an unintended and unforeseen incident, including:
I. a collision between the Vehicle and another vehicle or object.
II. a Single Vehicle Accident; or
III. a weather event, including hail Damage,
that results in Damage or Third-Party Loss.
Administrative Fee means a fee of up to $75 for the administrative costs associated with Renter/s rental.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded and signed on the Rental Agreement prior to the Start of Rental.
Damage means:
I. any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear;
II. towing and salvage costs;
III. assessing fees; and
IV. Loss of Use,
and for the removal of doubt, any Damage to the windscreen, headlights, lights, or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Excess means the amount, including GST, up to which Renter/s must pay Us in the event of an Accident that causes Damage or Third-Party Loss, or the Vehicle has been stolen.
End of Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.
GPS Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of clauses given in terms and conditions given that causes Damage, theft of the Vehicle or Third-Party Loss.
Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
I. damage at or above the level of the top of the front windscreen of the Vehicle; or
II. Third Party Loss, caused by:
III. contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
IV. objects being placed on the roof of the Vehicle; or
V. Renter/s or any person standing or sitting on the roof of the Vehicle.
Privacy Policy means Our Privacy Policy available at [https://mintocarhire.com.au/privacy-policy/].
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Location means the location from which the Vehicle was hired.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of Rental.
Single Vehicle Accident means:
I. collision between the Vehicle and another object when no other moving Vehicle is involved and includes impacts with animals, roadside infrastructure, vegetation and buildings and any stationary object including parked vehicles
II. rollovers; and
III. Damage caused by use of the Vehicle on an Unsealed Road.
Start of Rental means the date and time that the hire commences as shown in the Rental Agreement.
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit.
Renter/s, Renter/s means the person, whether it is an individual, a firm, company, or government agency that hires the Vehicle from Us and whose name is shown in the Rental Agreement.
We, Us, Our, means Gorkha Holdings Pty Ltd or Minto Car Hire ABN 86 667 168 078.