Terms & Conditions

1. Interpretation

Authorised Driver means a person listed in the section entitled “Authorised Drivers” in the Rental Vehicle Agreement who are authorised by the Owner to drive the Vehicle.

Manufacturer’s Specifications means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual.

Owner means the person listed in the section entitled “The Owner” in the Rental Vehicle Agreement.

Rental Period means Rental Period as specified above and defined in clause 6.

Rental Vehicle Agreement means this Rental Vehicle Agreement including these Terms and Conditions.

Renter means the Renter specified above.

Vehicle means the Vehicle specified above.

2. Driver

2.1 The Renter and any Authorised Driver must hold and produce a valid Australian driving licence.

2.2 The Renter is responsible for and liable for any damage caused by the acts or omissions of any person driving or in possession or control of the Vehicle including the Renter, an Authorised Driver or any other person.

3. Use of the Vehicle

3.1 The Renter must not allow any person to drive the Vehicle other than the Renter or an Authorised Driver.

3.2 The Renter and any Authorised Driver must not:

3.2.1 use, or allow the Vehicle to be used, for any illegal purpose, race, contest of performance test of any kind;

3.2.2 without the Owner’s prior written consent, use, or allow the Vehicle to be used, to push anything;

3.2.3 carry, or allow the Vehicle to carry, more passengers that may properly be accommodated by the seat belt restraints provided in the Vehicle;

3.2.4 be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;

3.2.5 without consent of the Owner in writing, use or allow the Vehicle to be used to carry passengers for payment of any kind;

3.2.6 use the Vehicle when it is damaged or unsafe;

3.2.7 drive the Vehicle after an accident or hitting an object (including an animal) until the Driver has obtained the Owner’s approval to do so;

3.2.8 use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the cost of the Driver) and in accordance with the Manufacturer’s Specifications and Budget’s recommendations;

3.2.9 without the Owner’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8ºC or any other explosive or corrosive substances;

3.2.10 use the Vehicle for the conveyance or towing of any load without prior written consent of the Owner; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the manufacturer’s specifications and the Owner’s recommendations;

3.2.11 use the Vehicle for any purpose for which it was not intended or designed; and

3.2.12 use the Vehicle in contravention of any law.

3.3 The Renter must pay for any unauthorised repairs to the Vehicle and for all parking, speeding and traffic infringements and tolls in respect of the Vehicle during the Rental Period.

4. Maintenance, Security and Safety

4.1 The Renter  and any Authorised Driver must:

4.1.1 Maintain all the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications;

4.1.2 Fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications;

4.1.3 Keep the Vehicle locked and the keys under the control of the Renter or an Authorised Driver’s personal control at all times; and

4.1.4 Comply with all applicable seat belt and child restrain laws.

4.2 The Renter must not have repairs to the Vehicle carried out unless authorised to do so by the Owner and if repairs are undertaken the Renter must obtain an original tax invoice/receipt and provide it to the Owner.

5. Condition of the Vehicle and Return of the Vehicle

5.1 Before taking possession of the Vehicle the Renter is required to check the condition of the Vehicle. Where an apparent defect is found which is not already listed under the section entitled “Pre-existing Damage or Defects” above, the Renter must immediately inform the Owner and upon mutual agreement between the Owner and the Renter, the section entitled “Pre-existing Damage or Defects” shall be amended accordingly and initialled by the Owner and the Renter.

5.2 The Renter must return the Vehicle to the Owner in the condition that it was immediately before the Renter took possession of the Vehicle with no defects or damage in addition to what is listed in the section entitled “Pre-existing Damage or Defects” (including initialled amendments that are in accordance with clause 5.1).

5.3 The Renter must return the Vehicle to the Owner with a full tank of fuel. If the vehicle is not returned with a full tank of fuel the Renter must pay the Owner for the amount of fuel required to fill the fuel tank up to its maximum capacity at a rate of $2.00 per litre.

6. Rental Period

6.1 The Rental Period means the period specified in the section entitled “Rental Period” in the Rental Vehicle Agreement or a period as extended in accordance with clause 6.2.

6.2 The Rental Period may be extended by agreement between the Owner and the Renter.

6.3 The Renter must return the Vehicle to the Owner at the location where the Vehicle entered the possession, custody or control of the Renter or any other location as determined by the Owner at or before the end of the Rental Period and during business hours.

6.4 The Renter must return the Vehicle to the Owner and the Owner has a right to take possession of the Vehicle if the Owner reasonably believes that there has been a breach of these terms and conditions or a breach of any other agreement in relation to the Vehicle.

7. Payment

7.1 The Renter must pay the Owner at the rate specified in the section entitled “Payment Terms” in the Rental Vehicle Agreement, calculated for each 24 period or part thereof of whichever amount of time is greater between:

7.1.1 The Rental Period; or

7.1.2 The duration of the period that the Renter has possession, custody or control of the Vehicle.

7.2 Payment is due and payable at the end of the Rental Period or when the Vehicle is returned or required to be returned to the Owner.

7.3 Interest on invoices that are due and payable must be paid to the Owner by the Renter at a rate of 12%.

7.4 All other amounts due under this agreement are due at the end of the Rental Period or when the Vehicle is returned or required to be returned to the Owner.

7.5 If credit card details are provided to the Owner and those details are listed in the section entitled “Credit Card Details” above the Owner may charge any amount due to the Owner under the Rental Vehicle Agreement, whether for payment for rental of the Vehicle or otherwise, to that credit card.

8. Liability for Damage or Loss of Property

8.1 The Renter is liable for loss of, and all damage to the Vehicle, however caused, that occurs during the Rental Period or during a time when the Renter had possession, custody control of the Vehicle. The Renter is liable for loss of, and all damage to the Vehicle whether or not the loss or damage was caused by the Renter, caused by breach of these terms and conditions or caused an act of any other person.

8.2 The Renter is liable for damage to the property of any person which is caused or contributed to by the Renter or any other person driving the Vehicle or which arises from the use of the Vehicle by the Renter or any other person.

9. Accidents, Claims and Proceedings

9.1 Where the use of the Vehicle by the Renter, an Authorised Driver, or any other person results in an event involving an accident or claim, or where damage or loss is sustained to the Vehicle or the property of any third party, the Renter must:

9.1.1 promptly report the event to the local police if required to by law;

9.1.2 promptly report the event to the Owner;

9.1.3 not, without the Owner’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the event;

9.1.4 permit the Owner or its insurer to bring, defend, enforce or settle any legal proceedings against a third party in the Renter’s name in relation to the event;

9.1.5 permit or ensure that the Owner may claim in the Renter’s name or that the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Budget in making such a claim including assigning any right to claim under any Substitute Vehicle insurance to the Owner;

9.1.6 complete and furnish to the Owner within a reasonable time any statement, information or assistance which the Owner or its insurer may reasonable require, including attending at a lawyer’s office and at Court to give evidence.