Welcome to the Rexellent Car Rental Web site (the “Web site”).This Web site and information on it is controlled by Rexellent Car Rentals in Australia. Rexellent Car Rentals reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
RENTAL VEHICLE AGREEMENT TERMS & CONDITIONS
This is an Agreement between the prospective hirer identified on Page 1 (you) and the Company identified on page 1 (the Company) to rent the motor vehicle described on Page 1 including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).
1. VEHICLE CONDITIONS AND RETURN
The vehicle is delivered to you in good operating condition and with the seal of the odometer unbroken. You agree to return the vehicle in the same condition (except for ordinary wear and tear demanded by the Company). Should the vehicle not be returned in the same condition as provided to you a cleaning/deodorising fee or other restoration work and related costs may be charged. The Company may take possession of the vehicle without prior demand at your expense if it is illegally parked, used in violation of the law or of this agreement or it kilometres per day at 50c per kilometre.
Should the vehicle be returned prior to agreed arrangements and as per the rental agreement no refunds of any deposits, rental monies, stamp duties, taxes or any other sums paid during the rental or other period shall be paid or returned to the hirer by the Company.
Note: The Company must be notified and agree to any extension of period of hire beyond that stated on the agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.
2. UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle
(a) A person who is not identified on page 1 or has not been identified in writing to the Company or approved by the Company in writing.
(b) A person who is not licensed for that class of vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage.
(d) A person who has given or for whom you have given a false name, age, address or driver’s license details.
(e) A person whose driver’s license has been cancelled, endorsed or suspended within the last three years.
(f) A person who has held a driver’s license for less than two years.
Circumstances in which and/or for which the vehicle must not be used:
(g) Outside the area of use limitations shown
(h) On unsealed roads or off road conditions unless authorised by us in writing or on the face of this agreement.
(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
(j) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing.
(k) To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than for which it was designed and constructed.
(l) To carry any animal or pet in the vehicle unless authorised in writing or on the face of this agreement.
(m) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those
(n) In a dangerous manner.
(o) In contravention of any legislation or regulation controlling vehicle traffic or for any illegal purposes.
(p) To smoke any cigarettes, cigars, pipes or induce any other odours or residues into the vehicle by way of chemicals, gases, wastes, liquids or in any other form or objects.
3. FINANCIAL OBLIGATIONS
Special Note. Joint hirers and all drivers are jointly and severally responsible under this agreement.
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT YOU AUTHORISE THE COMPANY TO DEBIT THE CREDIT CARD PROVIDED OR ANY OTHER CREDIT CARD PROVIDED (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES.
(a) All rental charges specified on Page 1
(b) All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company.
(c) All loss or damage to the motor vehicle (including loss of use) legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and company service charges where;
(i) any condition of this agreement, and in particular Condition 2 or any special condition on Page 1 has been breached.
(ii) the vehicle is involved in a single vehicle incident (or not under the control of an authorised hirer at the time of loss) unless the Company waives such loss to a single vehicle incident liability charge noted on Page1). A single vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle, which can be fully identified, and all details provided.
(iii) you have left the vehicle unlocked or left the keys in the vehicle.
(iv) you have not kept the key secure and under personal control.
(v) the underbody of the vehicle is damaged regardless of cause when no other vehicle is involved.
(vi) the vehicle is totally or partially immersed in water regardless of cause.
(vii) the interior of the vehicle is damaged regardless of cause when no other vehicle is involved.
(viii) the tyres of the vehicle are damaged other than by normal wear.
(ix) the vehicle or any third party property is damaged by driving the vehicle under or onto an object lower than the height of the vehicle.
(x) you have failed to maintain or fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware.
(xi) the vehicle is damaged by loading or unloading other than by normal wear.
(xii) your failure to secure property and load or equipment which leads to loss caused by any part of said load or equipment.
(xiii) any cleaning, deodorising and or other minor repair or restoration work to return the vehicle to a similar condition to that as originally provided at time of delivery.
Special Note: If you have paid 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 due, you will immediately pay the full amount due to the company on demand.
4. DAMAGE COVER
If you act within the terms and conditions of this agreement the Company will grant damage cover (including legal costs incurred with our consent for you benefit in respect of damages to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in you physical or legal control.
This cover is subject to:
(a) Your payment of the damage/loss liability charge stated on Page 1
(b) Your not having acted or having caused any other person to have acted in any manner which is contravention of this agreement including the special conditions of Page 1.
(c) You’re not being covered under any policy of insurance.
(d) Your providing such information and assistance as may be requested and if necessary, authorising the company insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings.
5. GENERAL PROVISIONS
(a) You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while rented under this agreement to the company location where the vehicle was hired and will deliver to the company immediately every summons, complaint or paper in relation to such loss. Compliance with this, sub-paragraph does not excuse the hirer from reporting all incidents to police or other proper authorities.
(b) You release and hold harmless 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 this rental period, whether due to the Company’s negligence or otherwise.
(c) Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(e) No right of the Company under this agreement may be waived except in writing by an officer of the company.
(f) Words used in this agreement to denote any gender shall include all genders, singular words include the plural, and noted on Page 1.
The vehicle must be returned with the amount of fuel equal to that at the time of rental. If the vehicle is returned with less fuel the difference will be charged at a rate, which may include a service component unless prior arrangements have been made and noted.
7. PERSONAL ACCIDENT INSURANCE (where applicable)
Where you accept Personal Accident by accepting the appropriate premium on Page 1 with charges to apply as per the rate shown on Page1. Acceptance of those charges is deemed to be proof of coverage and confirmation of your agreement to accept the terms, conditions and benefits of the Personal Accident Insurance.
A copy of the policy is available for your inspection.
I HAVE READ AND UNDERSTOOD THIS PAGE AND ANY OTHER CONDITIONS ON THIS PAGE BEFORE MAKING ANY AGREEMENT