Vendor Name: This will be the default name of the vendor/business that you are dealing with as a driver or renter.
ABN: The ABN constitutes the ABN of the Vendor or Business.
1.1 Rental Contract
Your contract to hire a Vehicle from [Vendor Name] (“We”, “Us”, “Our”) comprises:
(a) the Rental Agreement you have signed to hire the Vehicle from Us; and
(b) these Rental Terms and Conditions (“Terms and Conditions”).
Together, they form binding and enforceable legal obligations between you (“You”, “Your”) and Us.
(c) However, Fleetree is not responsible for the underlying agreement between the Vendor and the Driver or any disputes that may arise.
1.2 Jurisdiction
This Rental Contract is governed by the laws of Australia, and you agree that courts in Australia have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3 Australian Consumer Law
You have consumer rights conferred by the Australian Consumer Law. Neither this clause nor any other provision of the Rental Contract excludes, restricts, or modifies any implied terms, guarantees, or rights you may have under those laws or any other Federal, State, or Territory legislation.
1.4 Electronic Acceptance
Your electronic acceptance of this Agreement, either by clicking on the “I Agree” button during the registration process, clicking on checkboxes, or through other electronic means, as well as by otherwise using the Fleetree Platform, shall have the same legal effect as if you had physically signed this Agreement. If you have not signed a separate Vendor and Driver Agreement, then the terms and conditions set forth by the default Vendor and Driver Agreement will automatically be in effect in addition to the general Fleetree-Driver Agreement.
1.5 Amending these Terms and Conditions
We may amend these Terms and Conditions by providing you with 30 days’ notice in writing. If you do not accept the amendments or replacement, you must return the Vehicle prior to the end of the 30-day period.
IMPORTANT NOTICE
A violation of any part of this Clause 2 constitutes a Major Breach of the Rental Contract. Refer to Clause 11 for further details.
2.1 Authorised Drivers
(a) Only you or an Authorised Driver, who each meet all the requirements of this Clause 2, are permitted to drive the Vehicle.
(b) Allowing anyone who is not an Authorised Driver to operate the Vehicle constitutes a Major Breach of the Rental Contract, disqualifying you and any Authorised Driver from all entitlements to Damage Cover indemnity under Clause 7 of these Terms and Conditions.
2.2 Age Limits
You and any Authorised Driver must be at least 25 and not exceed 75 years of age. Additionally, you must have no less than 12 months of driving experience. Any variation to these age restrictions must be agreed upon prior to the Start of the Rental and documented in the Rental Agreement.
2.3 Licence Requirements
(a) You and any Authorised Driver must possess a current, valid driver’s licence that is:
(i) issued in an Australian state or territory, or an international licence (accompanied by a valid International Driving Permit or an approved English translation if the licence is not in English);
(ii) appropriate for the class of the Vehicle; and
(iii) free from any restrictions or conditions.
(b) Learner drivers and those holding provisional or probationary licences are not permitted to drive the Vehicle.
2.4 Cancelled and Suspended Licences
The Vehicle must not be operated by you or an Authorised Driver if:
(a) your licence or that of the Authorised Driver is cancelled or suspended, including due to an accumulation of demerit points; or
(b) has been cancelled or suspended within three (3) years prior to the date of the Rental Agreement.
2.5 False Information
The Vehicle must never be operated by you or an Authorised Driver who has provided false or misleading personal or licence information.
IMPORTANT NOTICE
A violation of any part of this Clause 3 constitutes a Major Breach of the Rental Contract. Refer to Clause 11 for further details.
3.1 Prohibited Driving Conditions
The Vehicle must not be operated by you or any Authorised Driver:
(a) while intoxicated or under the influence of drugs or alcohol, or with a blood alcohol content or level of drugs in blood, urine, or oral fluid that exceeds the legal limit;
(b) recklessly or dangerously; or
(c) while the Vehicle is damaged, unroadworthy, or unsafe.
3.2 Prohibited Activities
You and any Authorised Driver must not:
(a) refuse to undergo any legally mandated breath, blood, urine, or oral fluid test or drug impairment assessment;
(b) use the Vehicle for:
(i) illegal activities;
(ii) transporting dangerous, hazardous, biohazardous, infectious, or flammable goods or substances that pollute or contaminate, beyond quantities used for domestic purposes;
(iii) propelling or towing another vehicle, trailer, or boat;
(iv) carrying or transporting illegal drugs or substances; or
(v) motor trade experiments, tests, trials, or demonstrations;
(c) use a mobile phone:
(i) for calls, audio functions, or navigation unless the Vehicle is stationary and the phone is securely mounted; or
(ii) for texting, video messaging, emailing, or similar communications unless the Vehicle is parked.
3.3 Prohibited Actions
You and any Authorised Driver must not:
(a) deliberately or recklessly damage the Vehicle 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 any interest in the Vehicle under the Personal Property Securities Act 2009.
3.4 Prohibited Uses
You and any Authorised Driver must not use the Vehicle to:
(a) carry passengers for hire, fare, reward, or for rideshare purposes;
(b) carry more passengers than the Vehicle is licensed for; or
(c) carry any load that exceeds the Vehicle’s designed, constructed, registered, or licensed limits.
IMPORTANT NOTICE
A violation of any part of this Clause 4 constitutes a Major Breach of the Rental Contract. Refer to Clause 11 for further details.
4.1 Restricted Road Conditions
The Vehicle must never be operated:
(a) on an Unsealed Road;
(b) Off-Road; or
(c) above the snow line between 1 May and 31 October, or in any area where snow has fallen or is likely to fall.
4.2 Prohibited Areas
The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are currently flooded;
(b) beaches, sand dunes, streams, rivers, creeks, dams, and any areas exposed to saltwater;
(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 operate the Vehicle.
4.3 Geographical Restrictions
The Vehicle must never be operated:
(a) outside the state in which the Rental Agreement was initiated, unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement; or
(b) onto any island off mainland Australia, except for approved locations such as Phillip Island, unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.
IMPORTANT NOTICE
A breach of any of sub-clauses 5.5, 5.6, 5.7, or 5.8 is a Major Breach of the Rental Contract. See clause 11 for further details.
5.1 Start of the Rental
At the Start of the Rental and before collecting the Vehicle, You must:
(a) present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be made and kept by Us;
(b) present Your passport if You are not an Australian citizen;
(c) fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement and if there is any discrepancy You must notify Us prior to leaving the Rental Station; and
(d) pay the anticipated Rental Charges and the Security Bond.
5.2 Security Bond
The Security Bond will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You ten (10) business days after the End of the Rental provided that:
(a) all amounts due to Us under the Rental Contract have been paid, including toll road charges and refuelling costs;
(b) the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;
(c) there is no Damage (except for reasonable wear and tear) or Third Party Loss;
(d) the exterior and interior of the Vehicle are clean;
(e) the Vehicle has a full tank of fuel; and
(f) there has not been a Major Breach of the Rental Contract.
5.3 During Your Rental
(a) You must:
(i) inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and
(ii) adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station.
(b) You must not:
(i) use the Vehicle for transporting any pets or animals, except accredited or trained assistance animals, unless specifically approved by Us;
(ii) smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or
(iii) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.
5.4 Seat Belts and Restraints
You must comply with all mandatory:
(a) 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; and
(b) 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.
5.5 Vehicle Must Be Locked and Keys Kept in Your Possession
You 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 Your possession, or that of any Authorised Driver, at all times and never left in the ignition when the Vehicle is unattended.
5.6 Reasonable Care
You 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) properly securing any goods, property or equipment carried in the Vehicle;
(d) maintaining the engine and brake oils and coolant level and tyre pressures;
(e) using the correct fuel type; and
(f) making sure it is not overloaded.
5.7 Notification of Vehicle Fault
You must inform Us immediately if:
(a) a warning light or fault message appears;
(b) You see or become aware of low engine or brake oils, or engine coolant levels; or
(c) the Vehicle develops any fault during the Rental Period.
If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
5.8 Repair Without Authority Prohibited
You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.
5.9 Repair With Authority
Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You 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.
5.10 Staying With the Vehicle After an Accident
You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.
6.1 Your Rental
Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement.
6.2 Extending the Rental Period
(a) We understand that circumstances change and that You may require the Vehicle for longer than the Rental Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
(b) If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension, and fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement, We may:
(i) terminate the Rental Contract; and
(ii) if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
6.3 Cancellation and ‘No Show’
(a) You will be charged the Rental Charges for the Rental Period as booked if:
(i) Your booking is cancelled within 24 hours prior to the Start of the Rental; or
(ii) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Vehicle,
unless We are able to rent the Vehicle to another renter for an equivalent term and rate.
(b) A cancellation is not effective until acknowledged and confirmed by Us.
6.4 Servicing and Maintenance
The servicing and maintenance of the vehicle will be handled by us. In order for the vehicle to be roadworthy, you are obligated to inform us 2000km before the service due so appropriate appointments can be made. If you fail to take the vehicle to its scheduled service or fail to inform us minimum 2000km before the next required service, any mechanical damages assessed in the service besides general service costs will be liable to you.
6.5 Delayed or Late Payments
For each day a payment due under the Rental Contract remains unpaid, a fee of $49 will apply per vehicle. If the total owing or unpaid balance is left unpaid for 6 consecutive days, we reserve the right to have the vehicle(s) returned to the rental station or have the vehicle(s) repossessed.
6.6 Fines and Infringements
(a) You 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.
(b) An administrative fee of $49 applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.
6.7 Tolls
(a) You and any Authorised Driver must pay all tolls.
(b) An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when using the Vehicle on toll roads.
(c) If You fail to do so and We are required to nominate You as the responsible party We will charge You an administrative fee of $15 for each nomination.
6.8 Daily Kilometre Limit
A 100 kilometre daily limit applies to Your rental, except for longer term rentals when the limit is 1,000 kilometres per week. For each day You exceed the 100 kilometre limit, or for each week You exceed the 1,000 kilometre limit for longer term rentals, (calculated over the Rental Period) You will incur an additional fee of twenty five cents (33c) per kilometre.
6.9 Return of the Vehicle
(a) You must return the Vehicle:
(i) to the Rental Station;
(ii) on the date and by the time shown in the Rental Agreement;
(iii) in a reasonable state of cleanliness;
(iv) in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted; and
(v) with a full tank of fuel and adblue (if applicable).
(b) If You return the Vehicle:
(i) with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply;
(ii) earlier than the date shown in the Rental Agreement there is no entitlement to a refund;
(iii) more than one hour after the date and time set for its return in the Rental Agreement, We will charge You $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; or
(iv) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.
(c) To avoid cleaning charges of $90 plus GTS, the Vehicle’s cabin must be cleaned by You and all rubbish and belongings must be removed from the cabin and body before returning the Vehicle for any reason including repairs, service or at the End of the Rental.
6.10 Early Return of the Vehicle
If You want to return the Vehicle before the End of the Rental date shown in the Rental Agreement You must give Us no less than one (1) week’s prior notice in writing.
6.11 Post Rental Inspection Procedure
(a) We will take reasonable steps to conduct a post rental inspection in Your presence; and
(b) If You do not wish to wait for the full inspection, We will use reasonable endeavors to conduct the inspection within four (4) business hours and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.
6.12 End of the Rental
At the End of the Rental You must pay:
(a) the balance of the Rental Charges, including any charges for excess kilometers (if any);
(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(c) any costs We incur, including:
(i) refueling costs; and
(ii) extra cleaning costs;
(d) for all Damage arising from a Major Breach of the Rental Contract;
(e) for all Overhead Damage;
(f) for all Underbody Damage; and
(g) for any Damage caused by the immersion of the Vehicle in water.
6.13 Credit Card Authority
By signing the Rental Agreement You authorize Us to debit Your credit card within a reasonable time after the End of the Rental for any amount that is due to Us or remains unpaid, including:
(a) the Rental Charges;
(b) fees for delayed or late payments;
(c) tolls, speeding and traffic fines and infringements;
(d) fines or charges imposed for parking;
(e) administrative fees for tolls, fine and infringements;
(f) extra cleaning costs;
(g) refueling costs; and
(h) the Damage Excess.
6.14 Default in Payment
If You default in the payment of any moneys owed to Us under the Rental Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
(c) You authorize Us to provide information of that default to a credit reporting body and to obtain an up-to-date consumer credit report on You. 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 You, including defaults in excess of 60 days and the debt owed to Us.
7.1 Damage Excess
(a) Standard Damage Cover is included in the Rental Charges.
(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim unless:
(i) We agree You were not at fault; and
(ii) the other party was insured and their insurance company accepts liability.
7.2 When is the Damage Excess Payable?
Unless You have expressly authorized a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:
(a) for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.
7.3 Claims Administration Fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labor and associated costs with processing Your claim.
8.1 Exclusions
Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Rental Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 25 or more than 75 years of age;
(b) Overhead Damage;
(c) Underbody Damage;
(d) Damage caused by:
(i) immersion of the Vehicle in water;
(ii) use of the incorrect fuel type;
(iii) loading or unloading the Vehicle, except for reasonable wear and tear; or
(iv) Your failure to properly secure goods, property or equipment carried in the vehicle; and
(e) damage to the tyres of the Vehicle, other than by normal wear and tear.
8.2 Additional Exclusions
There is also no Damage Cover for:
(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote control devices;
(b) you or any authorised drivers if any rent or balances owing are left unpaid.
(c) loss or damage to goods or property carried in the Vehicle whether owned by You or a Third Party and You agree to fully indemnify Us for any claims for Third Party Loss that occurs during the Rental Period;
(d) Third Party Loss resulting from goods or property falling from the Vehicle; or
(e) 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:
(i) You;
(ii) Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
(iii) any relative, friend or associate of an Authorised Driver; or
(iv) Your employees.
9.1 Roadside Assistance
We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur. Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us to arrange assistance. If the fault cannot be rectified on site, We will recover and repair the Vehicle as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.
9.2 Assistance Not Covered
We are not responsible for:
(a) a flat battery because the lights or entertainment system have been left on;
(b) tyre changing;
(c) lost keys or remote control device; or
(d) keys or remote control device locked in the Vehicle.
Extra charges will apply if any of these services are provided at Your request and You are responsible for and must pay for any Damage caused.
9.3 Consequential and Other Loss
Subject to the Australian Consumer Law, We are not responsible for:
(a) flights You have missed;
(b) holiday plans that are disrupted;
(c) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
(d) loss of enjoyment; or
(e) consequential or economic loss.
IMPORTANT NOTICE
A breach of any part of this clause 10 is a Major Breach of the Rental Contract. See clause 11 for further details.
10.1 Reporting an Accident or Theft to Us
If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.
10.2 Reporting an Accident or Theft to the Police
If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.
10.3 Steps You Must Take Following an Accident
If You or an Authorised Driver have an Accident You and the Authorised Driver must:
(a) exchange names and addresses, phone numbers and email addresses with the other driver;
(b) take a photo of the other driver’s licence;
(c) take the registration numbers of all vehicles involved;
(d) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(e) obtain the names, addresses, phone numbers and email addresses of all witnesses;
(f) forward all third party correspondence or court documents to Us within 7 days of receipt; and
(g) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer’s office; or
(ii) any Court hearing.
10.4 What You Must Not Do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) promise to pay any claim for Third Party Loss; or
(c) release the other party from any liability to pay for Damage as a result of an Accident, theft or attempted theft.
11.1 Major Breach
You and any Authorised Driver commit a Major Breach of the Rental Contract if there is a breach of any of the following:
(a) clauses:
(i) 2 (who may drive the Vehicle);
(ii) 3 (prohibited use);
(iii) 4 (prohibited areas of use);
(iv) 5.5 (Vehicle to be locked and keys kept in your possession);
(v) 5.6 (reasonable care);
(vi) 5.7 (notification of Vehicle fault); or
(vii) 5.8 (repair without authority),
that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) clause 10 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
(c) clause 13.2(c) (removal of the Tracking Device).
11.2 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,
You 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 We incur in recovering the Vehicle.
11.3 Termination and Repossession
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:
(a) there has been a Major Breach;
(b) there has been a breach of clause 11.2(b); or
(c) the Vehicle has been involved in two (2) at-fault Accidents during the Rental Period.
IMPORTANT NOTICE
A breach of sub-clause 12.2(c) is a Major Breach of the Rental Contract. See clause 11 for further details.
12.1 Personal Information
(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
(b) When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
12.2 Tracking Device
(a) To maintain and protect the Vehicle We may fit a Tracking Device to the Vehicle to enable Us to monitor the condition, performance and operation of the Vehicle and to track the Vehicle’s movements.
(b) Information from the Tracking Device may be used during and after the Rental Period. When You sign the Rental Agreement You are authorising Us and consenting to the use of the Tracking Device and the Dash Cam.
(c) You must not tamper with the Tracking Device or remove it from the Vehicle.
13.1 Waiver of Liability
By signing this Rental Contract, you acknowledge that you have read and understood all the terms and conditions outlined herein. You agree to waive any right to sue or make any claims against us for damages or losses, save for any damages or losses that cannot be limited or excluded by applicable law.
We reserve the right to amend these Terms and Conditions at any time. Any amendments will be effective immediately upon notification to you. Your continued use of the Vehicle following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
This Rental Contract constitutes the entire agreement between you and us and supersedes all prior understandings, agreements, or representations, whether written or verbal, relating to the subject matter of this Rental Contract.
If any provision or part of a provision of this Rental Contract is held to be illegal, invalid, or unenforceable, the remaining provisions or parts will remain in full force and effect.
Neither party will be liable for any failure to perform its obligations under this Rental Contract if such failure is caused by events or conditions beyond that party’s reasonable control, including but not limited to natural disasters, acts of terrorism, or other external forces.
This Rental Contract is governed by the laws of the jurisdiction in which the rental station is located, and you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
19.1 Definitions
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; and
(c) weather events, including hail Damage,
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
Damage means:
(a) any loss or damage to the Vehicle including its parts, components and accessories, that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) 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 Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 7, subject to the Damage Cover Exclusions in clause 8.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered.
End of the 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.
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 the clauses described listed in clause 11.1.
Off Road means an area, surface or terrain that is not 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:
(a) Damage to the Vehicle;
(b) Damage to any part of the Pantech or box section of a commercial Vehicle that is used for the carriage of goods or passengers; or
(c) Third Party Loss,
caused by:
(i) 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;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
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 Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Rental Station means the location from which the Vehicle is rented, as shown on the Rental Agreement.
Security Bond means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental and the amount is fully refundable subject to sub-clause 5.2.
We, Us, Our means [Vendor Name].
Start of the Rental means the date and time that the rental 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.
Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.
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.
Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, tools, components and accessories, including the GPS unit (if fitted) and includes any replacement Vehicle.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.
19.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires:
(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and
(b) where You comprises two or more persons each is bound jointly and severally.
This is a summary of some, but not all, of the Terms and Conditions that may affect Your liability. You must read the Terms and Conditions in full so that You understand Your obligations when renting the Vehicle.
| CLAUSE | SUBJECT | SUMMARY |
|---|---|---|
| 2.1, 2.2 | Authorised Drivers, Age limit | Only drivers authorised by Us before the Start of the Rental are permitted to drive the Vehicle. Allowing an unauthorised driver to drive the Vehicle is a Major Breach of the Rental Contract, which excludes You and any Authorised Driver from the benefit of Damage Cover for Accidents and theft of the Vehicle. The minimum age is 25 years. |
| 2.3, 2.4 | Licence requirements | A valid licence not subject to any restrictions, cancellation, or suspension is required and must be produced at the Start of the Rental. |
| 3.1, 3.2, 3.3, 3.4 | Prohibited use | The Vehicle must never be driven under the influence of drugs or alcohol or in excess of alcohol/drug limits set by law. Failing to undergo a preliminary breath test, illegal use, using the vehicle to move dangerous or hazardous goods, and use of a mobile phone while driving are all prohibited. |
| 4.1(a), 4.1(b), 4.2, 4.3 | Prohibited areas | Use of the Vehicle on Unsealed Roads and Off Road is prohibited at all times, as is use of the Vehicle in a prohibited area, including flooded roads, beaches, driving through rivers or streams, and any areas prohibited by the police. |
| 5.1(c), 5.3(b)(i), 5.3(b)(ii), 5.5, 5.6 | Your obligations | You must inspect the Vehicle at the Start of the Rental for pre-existing damage and pay the Rental Charges and the Security deposit. During your rental, You must take reasonable care of the Vehicle, including making sure the Vehicle is locked and the keys are kept in your possession at all times. Smoking in the Vehicle is prohibited, as is the carriage of animals, except assistance animals. |
| 6.2, 6.4, 6.5, 6.6, 6.7, 6.9 | Rental Period, costs and charges, Daily km limit, Toll charges | Extensions of the Rental Period must be notified no less than 24 hours prior to the End of the Rental. You must pay for all tolls, parking, and speeding infringements and fines. Daily use is restricted to 200 kilometers, and for longer-term rentals, the limit is 1,000 kilometers per week. Any use over and above that limit will be charged at the rate of 25 cents per excess kilometer. The Vehicle must be returned on time, in clean and good repair, and with a full tank of fuel or additional fees will apply. Unless otherwise stated, the Rental Period is 24 hours. If the Vehicle is returned more than one hour after it is due, you will be charged $25 per hour up to a full day’s rental and a further full day’s rental for each 24-hour period or part thereof. |
| 7.1, 7.2 | Damage Cover, Damage Excess | If there is Damage to the Vehicle, it is stolen, or there is any Third Party Loss, You must pay the Damage Excess shown on the Rental Agreement. |
| 8.1(a)(i), 8.1(b), 8.1(c), 11.1(a) | Damage Cover Exclusions, Major Breach | Damage Cover is excluded if there is a Major Breach of the Rental Contract. There are also exclusions for Overhead Damage, Underbody Damage, Damage caused by immersion of the Vehicle in water, and use of the wrong fuel type. There is no Damage Cover for Personal items. |
| 9 | Breakdowns | You must contact us immediately if there is a breakdown, and we will arrange roadside assistance, subject to some exceptions. |
| 10 | Accident reporting | Any damage to the Vehicle during the Rental Period must be reported to Us as soon as practicable, and You must also report an accident to the police if any person is injured, a party leaves the accident scene without exchanging details, or the other party is affected by alcohol or drugs. |
| 11.1, 11.2 | Major Breach consequences | Damage Cover is excluded if You or an Authorised Driver commit a Major Breach, and the Vehicle may be repossessed by Us. |
| 12.2 | Privacy | A Tracking Device is fitted to the Vehicle to track its location and record its route of travel, and may provide other data about the use of the Vehicle. |
IN ADDITION TO THE TERMS AND CONDITIONS FOR A STANDARD LEASING AGREEMENT, THE TERMS AND CONDITIONS BELOW SPECIFY THE ALTERATIONS TO SOME CLAUSES OF THE STANDARD TERMS AND CONDITIONS AND THE ADDITION OF THE CLAUSES AND TERMS AS LISTED BELOW, SPECIFICALLY FOR LEASE TO OWN AGREEMENTS.
Rental Contract
Your contract to hire a Vehicle from [Vendor Name] (“We”, “Us”, “Our”) comprises:
(c) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us; and
(d) these rental Terms and Conditions (Terms and Conditions), and together they form binding and enforceable legal obligations.
Jurisdiction
The Rental Contract is governed by the laws of Victoria, and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
Australian Consumer Law
You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts, or modifies any implied terms, guarantees, or rights You may have under those laws or any other Federal, State, or Territory legislation.
Electronic Acceptance
Your electronic acceptance of this Agreement, either by clicking on the “I Agree” button during the registration process, clicking on checkboxes, or through other electronic means, as well as by otherwise using the Fleetree Platform, shall have the same legal effect as if you had physically signed this Agreement. If you have not signed a separate Vendor and Driver Agreement, then the terms and conditions set forth by the default Vendor and Driver Agreement will automatically be in effect in addition to the general Fleetree-Driver Agreement.
Lessee Obligations
The lessee must bring the vehicle into the rental station every 8 weeks for us to perform a visual inspection of the vehicle.
You are liable for any damages occurred to the vehicle, with the exception of any manufacturing defects.
The vehicle must be serviced at or just under the due odometer reading or date.
You must pay the monthly installment on time for your insurance to remain active. If the total is not paid by its due date, insurance will not cover any damages incurred to the vehicle for the time the dues are left unpaid.
The vehicle must be kept in a clean state; washing and interior cleaning are mandatory and are advised to be done prior to the visual inspection.
You will pay a deposit upfront, which will be mentioned in your specific agreement.
The vehicle must be driven in a legal manner, in accordance with all road safety requirements.
The vehicle must not be driven outside the state of the rental station it was received from, unless directed otherwise by us.
The vehicle needs to be maintained in a roadworthy manner, including all servicing completed on time with regular checks on fluid levels, the health of tires, etc.
If parts need to be replaced at a service, the replacement parts must be genuine factory parts.
Once any services or maintenance protocols take place, an electronic copy of the invoice for the particular service with the vehicle registration present must be sent to our email address for bookkeeping.
There will be no limitations on any kilometer range within the validity of the lease. However, if the agreement is terminated, then there will be a charge for anything above 1000km/week, at $0.33/km.
Licence Requirements
(e) You and any Authorised Driver must also have a current valid license to drive the Vehicle which is:
(i) issued in an Australian state or territory or an international license (with a valid International Driving Permit or an approved translation into English if the license is not issued in English);
(ii) appropriate for the class of the Vehicle; and
(iii) not subject to any restriction or condition.
Prohibited Driving Conditions
The Vehicle must not be driven by You or any Authorised Driver:
(f) while intoxicated or under the influence of drugs or alcohol, or with a blood alcohol content or level of drugs present in blood, urine, or oral fluid that exceeds the legal limit;
(g) recklessly or dangerously; or
(h) while there is Damage to the Vehicle or it is unroadworthy or unsafe.
Prohibited Actions
You and any Authorised Driver must not:
(i) fail or refuse to undergo any breath, blood, urine, or oral fluid test or drug impairment assessment;
(j) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, biohazardous, infectious, flammable goods, or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to propel or tow another vehicle, trailer, or boat;
(iv) to carry or transport illegal drugs or substances; or
(v) in connection with the motor trade for experiments, tests, trials, or demonstration purposes; or
(k) use a mobile phone:
(i) to make or receive a phone call, perform any audio function, or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or
(ii) to send a text message, video message, email, or similar communication unless the Vehicle is parked.
Delayed or Late Payments
For each day a payment due under the Rental Contract remains unpaid, a fee of $49 will apply per vehicle. If the total owing or unpaid balance is left unpaid for 6 consecutive days, we reserve the right to have the vehicle(s) returned to the rental station or have the vehicle(s) repossessed.
Payment Authorisation
By signing the Rental Agreement, You authorize Us to debit Your credit card within a reasonable time after the End of the Rental for any amount that is due to Us or remains unpaid, including:
(l) the Rental Charges;
(m) fees for delayed or late payments;
(n) tolls, speeding, and traffic fines and infringements;
(o) fines or charges imposed for parking;
(p) administrative fees for tolls, fines, and infringements;
(q) extra cleaning costs;
(r) refueling costs; and
(s) the Damage Excess.
Default in Payment
If You default in the payment of any moneys owed to Us under the Rental Contract:
(t) We may engage a mercantile agent or debt collector, and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission, and any legal costs; and
(u) You authorise Us to provide information of that default to a credit reporting body and to obtain an up-to-date consumer credit report on You. 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 You, including defaults in excess of 60 days and the debt owed to Us.
(v) The default in payment will accrue until 6 days after the date due. Once the 6th day has been reached, the vehicle will be delivered to the rental station it was picked up from. Failing to do so, a further $200 fee will be charged for repossession fees, or any towing charges associated with the return of the vehicle. This will lead to the termination of the agreement.
Assistance Not Covered
We are not responsible for:
(z) a flat battery because the lights or entertainment system have been left on;
(aa) tire changing;
(bb) lost keys or remote control device; or
(cc) keys or remote control device locked in the Vehicle. Extra charges will apply if any of these services are provided at your request, and you are responsible for and must pay for any Damage caused.
Damage Excess
(dd) Standard Damage Cover is included in the Rental Charges.
(ee) Subject to these Terms and Conditions, we will indemnify you and any Authorised Driver for any Damage to the Vehicle, its theft, and Third Party Loss, but you must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim unless:
(i) We agree you were not at fault; and
(ii) the other party was insured and their insurance company accepts liability.
When is the Damage Excess Payable?
Unless you have expressly authorized a charge to your credit card at an earlier time, an amount up to, but not exceeding, the Damage Excess will be charged to your credit card:
(ff) for single-vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to you;
(gg) if the Vehicle has been stolen, after we have made reasonable inquiries and, in our opinion, it is unlikely the Vehicle will be recovered; and
(hh) for Accidents in which there is also Third Party Loss, after we have made an estimate of your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to you as soon as practicable.
Claims Administration Fee
All Accident, attempted theft, and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate us for the labor and associated costs with processing your claim.
Reporting an Accident or Theft to Us
If you or an Authorised Driver has an Accident or if the Vehicle is stolen, you must report the Accident or theft to us as soon as practicable but in no case more than 24 hours after it occurring and fully complete an Accident/Theft report form.
Reporting an Accident or Theft to the Police
If the Vehicle is stolen or if you or an Authorised Driver of the Vehicle has an Accident where:
(ii) any person is injured;
(jj) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(kk) the other party appears to be under the influence of drugs or alcohol, you or the Authorised Driver must also report the theft or Accident to the Police.
Steps You Must Take Following an Accident
If you or an Authorised Driver have an Accident, you and the Authorised Driver must:
(ll) exchange names and addresses, phone numbers, and email addresses with the other driver;
(mm) take a photo of the other driver’s license;
(nn) take the registration numbers of all vehicles involved;
(oo) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third-party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(pp) obtain the names, addresses, phone numbers, and email addresses of all witnesses;
(qq) forward all third-party correspondence or court documents to us within 7 days of receipt; and
(rr) cooperate with us in the prosecution of any legal proceedings that we may institute or defense of any legal proceedings which may be instituted against you or us as a result of an Accident, including attending:
(i) our lawyer’s office; or
(ii) any Court hearing.
What You Must Not Do
You and any Authorised Driver must not:
(ss) make any admission of fault;
(tt) promise to pay any claim for Third Party Loss; or
release the other party from any liability to pay for Damage as a result of an Accident, theft, or attempted theft.
No Damage Cover
If you or any Authorised Driver:
(uu) commit a Major Breach of the Rental Contract; or
(vv) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred, you 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 we incur in recovering the Vehicle.
Termination and Repossession
Acting reasonably, we may terminate the Rental Contract and take immediate possession of the Vehicle if:
(ww) the vehicle has missed 2 or more services or is delayed beyond their due odometer reading;
(xx) the monthly installment is unpaid beyond 6 days from the date due;
(yy) the Vehicle has been involved in two (2) at-fault Accidents during the Rental Period; or
(zz) if the vehicle is not maintained in a roadworthy condition in any respect.
If the vehicle needs to be repossessed from the lessee for whatever reason, they will be required to pay a $200 repossession fee and any towing charges associated with the return of the vehicle to the rental station.
If for whatever reason the contract has been terminated before the end date listed on the agreement, you accept to forfeit the deposit paid upfront.
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