T&Cs – Geelong Truck Rentals

GEELONG TRUCK RENTALS RENTAL AGREEMENT

The Rental Agreement (“Rental Agreement”) between GEELONG TRUCK RENTALS and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (“Rental Document”), and is made up of that Rental Document and these Terms and Conditions.

In these Terms and Conditions:

“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act

2010 (cth) as amended or replaced from time to time.

“Authorised Driver / Joint Renter” means:

an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.

Your spouse; your employer for a fellow employee, if either is engaged in activities that are incidental to Your business duties.

‘Collection Costs’ means GEELONG TRUCK RENTALS reasonable costs of collecting unpaid rental charges from You (including GEELONG TRUCK RENTALS legal costs) and GEELONG TRUCK RENTALS Pty Ltd administration fee of $132.00 (incl GST) and its debt collection agents fee equal to 12% of the unpaid rental charges;

‘Excess Amount’ means the standard insurance Excess Amount of $2,500.
‘Excess Amount’ Age excess will apply to any full licence drivers aged between 21 years and 25 years of age, an additional amount of $3,500 will apply.

‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens, or damage to the third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;

“Geelong Truck Rentals Pty Ltd ABN 16 634 331 098

‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Agreement.

“Rental Period” means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Geelong Truck Rentals;

“Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;

“Vehicle” means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Geelong Truck Rentals;

“You” or “Your” refers to the person(s) with whom the Rental Agreement is made.

1. DRIVER

1.1 You agree, acknowledge and warrant that:

(a) only You or an Authorised Driver will drive the Vehicle; and

(b) You and any Authorised Driver are currently licensed to drive the vehicle and have been so licenced to drive for a period of 12

months or longer (excluding any time under a learner’s permit or a provisional licence); and

(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.

2. WHERE YOU CAN AND CAN NOT DRIVE THE VEHICLE

2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road as recognised by VicRoads.

2.2 You and any Authorised Driver must not take the Vehicle interstate unless authorised in writing by Geelong Truck Rentals

3. PRESUMPTIONS AND INTERPRETATION

3.1 Unless the context otherwise requires:

(a) A word that denotes the singular denotes the plural and vice versa; (b) Any gender denotes the other genders; and

3.2 Unless the context otherwise requires, a reference to:

(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;

(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.

4. MAINTENANCE, SECURITY AND SAFETY

4.1 You and any Authorised Driver must:

(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the

Vehicle’s operations manual located in the glove box or otherwise as required to maintain the Vehicle’s efficient performance; (b) keep the Vehicle locked and the keys under Your or the Authorised

Driver’s personal control at all times; and

4.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless Geelong Truck Rentals authorises You to do

so. Geelong Truck Rentals requires verification of the cost of repairs for audit and GST purposes You should obtain an original tax invoice/receipt to assist Geelong Truck Rentals. Geelong Truck Rentals will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified to the extent that Geelong Truck Rentals cannot verify the cost of repairs, Geelong Truck Rentals will not reimburse You.

4.3 You and Geelong Truck Rentals acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.

4.4 Smoking is not permitted in the cabin, an extensive cleaning/deodorizing fee of $300 will be charged.
4.5 Carrying of pets and or animals is not permitted onboard, an extensive cleaning/deodorizing fee of $300 will be charged.

5.DAMAGE AND LOSS OF PROPERTY

5.1 Subject to this clause 5, and to the fullest extent permitted by applicable law, You are liable: (a) for the loss of, and all damage to, the Vehicle; and

(b) for all damage to the property of any person:

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

(ii) which arises from the use of the Vehicle by You or an Authorised Driver.

This clause 5 does not apply to any damage or loss for which Geelong Truck Rentals is liable to You under this Rental Agreement.

Remember that references to the “Vehicle” include all of its parts, components, accessories and contents (see the definition of “Vehicle” in clause 1).

5.2 You must always pay,

(a) the excess if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;

(b) the cost of rectifying any tyre damage not attributable to normal wear and tear; (c) the cost of repairing any damage caused deliberately or recklessly by:

(i) You;

(ii) any other driver of the Vehicle; or

(iii) any passenger carried during the Rental Period;

(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,

in any area prohibited by the Rental Agreement;

(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects

overhanging or obstructing the path of the Vehicle; or

(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.

(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the vehicle manufacturer.

(h) under any circumstances where the Vehicle and its keys are unsecured

5.3 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Geelong

Truck Rentals the amount which includes:

(a) the cost of repairs to the Vehicle or the market value of the Vehicle

at the time of the loss or damage, whichever is the lesser; (b) appraisal fees;

(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and

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

Vehicle.

If the amount determined by Geelong Truck Rentals and paid by You under this clause 5.3 exceeds the final cost of the damage or repair, Geelong Truck Rentals will refund the difference to You.

6.RETURN OF VEHICLE

6.1 You must return the Vehicle to Geelong Truck Rentals:

(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4); (b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;

6.2 You must return the Vehicle to a Geelong Truck Rentals location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.

6.3 If:

(a) You return the Vehicle on a date, or at a time, or to a place other than

that shown on the Rental Document; or

(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental

Document will not apply and You must pay the Geelong Truck Rentals standard rate for the Vehicle for the Rental Period.

6.4 Geelong Truck Rentals may request the immediate return of the Vehicle, or Geelong Truck Rentals may re-take the Vehicle

without notice, if Geelong Truck Rentals reasonably suspects that: (a) You have breached a term or condition of the Rental Agreement; (b) damage to the Vehicle, or injury to persons or property is likely to occur; or

(d) the Vehicle may be used for an unlawful purpose;

You must also pay Geelong Truck Rentals any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.

6.5 Geelong Truck Rentals reserves the right to refuse hire of another vehicle to You following any incident or accident or where

You have breached a condition of this Rental Agreement.

7.CLAIMS AND PROCEEDINGS

7.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:

(a) promptly report such incident to the local police;

(b) promptly report such incident in writing to Geelong Truck Rentals;

(c) not, without Geelong Truck Rentals written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;

(d) permit Geelong Truck Rentals or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;

(e) permit or ensure that Geelong Truck Rentals may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Geelong Truck Rentals in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Geelong Truck Rentals;

(f) complete and furnish to Geelong Truck Rentals within a reasonable time any statement, information or assistance which Geelong Truck Rentals or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

8. PAYMENT

8.1 At the end of the Rental Period, You must pay Geelong Truck Rentals on-demand:

(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;

(b) any amount paid or payable by Geelong Truck Rentals or You to any person arising out of Your use of the Vehicle or imposed on You or Geelong Truck Rentals by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and

(c) any amount for which You are liable to Geelong Truck Rentals under the Rental Agreement, in respect of a breach of the

Rental Agreement or otherwise.

8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to: (a) one day’s rental at the “daily rate” shown on the Rental Document (subject to clause 6.4); plus (b) the amount payable for the number of kilometres driven during the Rental Period.

8.3 Distance charges are measured from the Vehicle’s odometer.

8.4 You authorise Geelong Truck Rentals to charge all moneys payable to Geelong Truck Rentals under the Rental Agreement to

Your credit card or charge account.

8.5 Geelong Truck Rentals will pay any refund due to You by such method as Geelong Truck Rentals may reasonably choose.

9. LIABILITYOFGEELONG TRUCK RENTALS

9.1 Unless it is negligent, Geelong Truck Rentals is not liable to any person, and You indemnify Geelong Truck Rentals, for any loss of, or damage to, any property:

(a) stolen from the Vehicle or otherwise lost during the rental; or

(b) left in the Vehicle after its return to Geelong Truck Rentals.

10.CONSUMER RIGHTS STATEMENT

All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.

Your consumer rights are not excluded, modified, or restricted by this Rental Agreement. You can find out more about your consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.

1 TERMINATION

11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental

Agreement.

11.2 You may terminate the Rental Agreement at any time for any other reason.

11.3 If the Rental Agreement is terminated early for any reason other than a breach by Geelong Truck Rentals, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.

1 MISCELLANEOUS

12.1 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non- exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.

13 CANCELLATIONS & REFUNDS

Geelong Truck Rentals allows you to modify or cancel your reservation by contacting our helpdesk on 1300387687 or via email hire@geelongtruckrentals.com.au
2. A full or partial refund of the prepaid reservation will be made based on the following conditions
< 72 Hours to hire – Full refund If the cancellation is made no later than 72 hours before your scheduled pick-up;
b. > 48 Hours to hire – Modifications and Refunds incur an administration fee of $50;
> 24 Hours or less to hire – Refunds are not possible for no shows, cancellations or modifications made within 24 hours of hire;

EARLY RETURN
Please note that we are unable to provide full or partial refunds if you return the truck early.

LATE RETURN CHARGE

To compensate us for associated administration costs and recover losses on our next booking, If your truck is returned later than the written return date & time you will be charged an additional $150 Monday – Thursday or $350 for late or non-return on Friday.

NO SHOWS

If you fail to cancel your reservation prior to the Pick Up Time and do not collect the vehicle on the Pick-Up Date we reserve the right to cancel your booking and rehire the truck to recover our administration costs and compensate us for our inability to rent the vehicle when it was reserved for your use:

CHANGES AT TIME OF PICK UP

If at the time of vehicle collection you wish to rent for a longer period, you may do so, subject to availability, on payment of additional charges.