terms and conditions
terms and conditions
OUR COMMITMENT TO YOU
A Plus car rental is operating business under Pansemas Pty Ltd which located in Melbourne. We aim to meet your vehicle rental needs on every occasion and to make the experience as easy as possible.
YOUR RENTAL CONTRACT
1.1 This Contract (Rental Document) You have entered into with A Plus Car Rental,comprises the rental document for the hire of the Vehicle (Rental Agreement), vehicle condition report and these terms and conditions of rental (including additional terms on this page ). When We refer to the Rental Contract We mean the Rental Agreement, vehicle condition report and the Terms and Conditions.
1.2 The date of the Rental Contract is the date that is shown in the Rental Agreement.
1.3 Please read the Rental Contract carefully. If there is anything that You do not understand please ask at the Rental Station before signing the Rental Contract, as Your signature is Your acknowledgement that You have read and understood the Rental Contract in its entirety and that You are bound by it.
1.4 There are words and phrases used in the Rental Contract that have a particular meaning that You need to be familiar with.
Accident means an unintended and unforeseen collision between the Vehicle and any other object, including another vehicle, that results in Damage or Third Party Loss.Reckless
Authorised Driver means any driver approved and recorded by Us, either on the Rental Agreement or by prior written agreement.
Damage means:
(a) any loss or damage to the Vehicle, however caused, that requires repair or replacement, subject to reasonable wear and tear;(b) towing and salvage fees;
(b) towing and salvage fees; and (c) assessing fees; and
(d) Loss of Use.
Vehicle means the vehicle described in the Rental Agreement and includes its parts, components, accessories, keys, keyless start or remote control device, audio
equipment and tools or any vehicle substituted by Us pursuant to the Rental Contract.
We, Us, Our means A PLUS CAR RENTAL as shown in the Rental Agreement.
You, Your means the person, firm, company or organisation renting the Vehicle or any Authorised Driver shown in the Rental Agreement, and anyone who provides us with a cash payment of a charge card authority in relation to a rental.
2 YOUR RENTAL PERIOD
2.1 Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement.
2.2 The Vehicle must be returned to the Rental Station specified in the Rental Agreement on the date and by the time shown in the Rental Agreement. If You terminate your rental and return the Vehicle earlier than the date shown in the Rental Agreement the daily rate payable may be adjusted to reflect the daily rates that apply for shorter rentals.
2.3 We understand that circumstances change and that You may require the Vehicle for longer than the Rental Period. If so, You must contact Us prior to the expiration of the Rental Period where we may agree or disagree to your request.
2.4 If we are unable to agree to your request you must return the vehicle by the date and time specified in your Rental Agreement. If you do not do so, you will be required to pay additional rental charges at the time of request.
2.5 If You fail to contact Us before the expiration of the Rental Period that You require an extension, We may:
(a) terminate the Rental Contract;
(b) recover the Vehicle by lawful means; and
(c) report the vehicle as stolen.
3 COSTS, CHARGES AND PAYMENTS
3.1 We charge for a deposit, as security, against Your Charge Card, or take a cash deposit from you (where a cash option is available), which We will apply against any additional charges to which You are responsible at the end of Your Rental Period. This amount may vary depending on the type of Vehicle You hire.
3.2 At the end of the Rental Period You must pay Us:
(a) All Rental Charges payable; including the fuel level deference applicable;
(b) an excess kilometre charge if You exceed the free kilometres allowance as specified on the front page of Your Rental Agreement. We will use the vehicle’s odometer to calculate the number of excess kilometres applicable;
(c) all reasonable costs to return the Vehicle and additional equipment supplied to the vehicle to the same condition it was in at the Start of Rental, including but not limited to extra cleaning (e.g. as a result of food, drink and other stains and marks, animal fur, mud, dirt, sand and smoke damage (including damage caused by tobacco products)) and subject to reasonable wear and tear; and
(d) any amounts payable under clauses:
(i) (fines, infringements, penalties and court fees);
(ii) (Damage Liability Fee);
(iii)(Excess); and
(iv) (Exclusions to Damage Cover).
3.3 we provide E-tag for you when driving the Vehicle on a toll road and You must pay us all tolls incurred in connection with Your use of a toll road;
3.4 You are liable for and pay:
(a) speeding and traffic fines, infringements and penalties arising from the use of the vehicle during Your Rental Period
(b) fines, infringements and penalties arising from parking, clamping, towing, or release of the Vehicle from compounds; and
(c) legal and court fees and other costs which we incur in recovering any Rental Charges and other costs you do not pay when we require you to do so including any fees or charges imposed by a third party on us or from a debt recovery agency and any other costs reasonably incurred by us in enforcing our rights under these terms and conditions, arising from sub-clauses (a) or (b).
3.5 We may supply Your details to any regulatory authority upon its request and an administrative fee may apply if We do.
3.6 If You fail to pay Us any amount due under the Rental Contract You must also:
(a) pay Us interest on that overdue amount calculated at the rate equal to the standard business overdraft rate charged from time to time by the
Commonwealth Bank of Australia starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due; and
(b) 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.
4 DAMAGE COVER AND PAYMENT FOR DAMAGE
4.1 If there is Damage, theft of the Vehicle or Third Party Loss for each separate Accident or theft You must pay the insurance Excess shown in the Rental Agreement.
4.4 You will not be liable for the Excess shown in the Rental Agreement for a claim if acting reasonably We agree that You were not at fault and:
(a) You are legal to stay and drive in Australia;
(b) You hold a valid driver licence;
(c) You have fully completed Our Incident Report Form with:
(i) the name, residential address, contact phone and licence number of any person involved (Third Party);
(ii) the registration numbers of all vehicles involved;
(iii) an accurate written and diagrammatic description of the Accident and location;
(iv) the names of attending police officers and the stations at which they are based; and
d) You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and we reasonably believe that the insurer will agree to pay Us for the Damage.
5 EXCLUSIONS TO DAMAGE COVER
5.1 You have no cover if there is a Serious Breach of the Rental Contract even if the insurance Excess has been paid, which including the rental payment not fully paid on the time of accident occurred.
5.2 You have no cover, for:
(a) Damage or Third Party Loss caused by the use of the Vehicle in any area prohibited by the Rental Contract;
(b) Overhead Damage;
(c) Damage, Underbody Damage or Third Party Loss caused deliberately or recklessly by You, any unauthorised driver, or any passenger of the Vehicle;
(d) Damage caused by total or partial inundation, intrusion or immersion of the Vehicle in water or exposure of the Vehicle to salt water, including that which occurs whilst the Vehicle is being transported;
(e) Damage caused by use of the incorrect fuel type;
(f) Damage that is caused to a Vehicle with a convertible roof by overfilling the luggage compartment above the recommended level, and then activating the convertible roof mechanism;
(g) Damage or Third Party Loss caused or contributed to by You where You leave the scene of the Accident prior to the attendance of the police or reporting the Accident to the police;
(h) Damage caused by Your failure to observe any warning indicators that may appear in the vehicle. If you are unsure as to what a warning indicator is telling you to do, you must contact the Rental Station as soon as possible for advice on further action;
(i) Damage caused as a result of You attaching any equipment to the Vehicle, or using that equipment, including, but not limited to roof racks, bike racks, snow chains, trailers. tailgate lifters, ramps and any associated equipment;
(j) Damage or Loss caused as a result of unauthorised towing, vehicle repairs or modifications, carried out without prior approval and consent of A PLUS; or
5.4 There is also no cover for:
(a) the full cost of replacing or repairing any accessories, equipment or specialised equipment supplied by Us including, but not limited to child restraints, strollers, GPS units, lost keys, keyless start and remote control devices, E-Toll tags, Tailgate lifters, ramps, and any associated equipment;
(b) property owned by You or any passenger that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Station;
(c) loss or damage to Your property, the property of a member of Your immediate family or of an entity related to You, that arises from the use of the Vehicle;
(d) Damage, theft of the Vehicle or Third Party Loss if Your Rental Contract is for Customer Own Insurance;
(e) towing costs if the vehicle needs to be towed:
(i) because of something that you or an Authorised Additional Driver have done or caused to be done to the vehicle that requires the vehicle to be towed;
(f) damage caused as a result of Your failure to promptly clean any component of the Vehicle of mud, dirt and dust, when using the Vehicle in environments such as mining and construction projects or remote areas; or
(g) damage or loss caused to the vehicle due to hail, unless you have purchased Ultimate Protection.
6 CUSTOMER OWN INSURANCE
6.1 If You have an Agreement with Us that provides for Customer Own Insurance:
(a) Damage and Third Party Loss arising from the use of the Vehicle or theft of the Vehicle are Your responsibility and must be paid in full by You; and
(b) You fully indemnify Us for:
(i) Damage and Third Party Loss arising from the use of the Vehicle and any loss We may have arising from the theft of the Vehicle; and
(ii) any demand, claim, including a claim for legal costs, action or proceeding made, commenced or issued by or against You arising therefrom.
7 YOUR RESPONSIBILITIES
7.1 In this section, We set out the responsibilities You have to Us when You hire one of Our Vehicles.
7.2 The Vehicle must only be driven by You. We may also approve Additional Drivers as specified on the Rental Agreement and the Additional Driver Fee may apply for each additional driver approved.
7.3 You must:
(a) be no less than 21 years of age (unless otherwise specified by us) and the Young Driver Fee may apply for specific vehicles and drivers under the age of 25; and
(b) hold a full, current, unrestricted driving license for the Rental Period valid and appropriate for the class of Vehicle, that shows Your current residential address and which is written in English, an international licence translated into English, or an international drivers permit; although some exceptions may apply upon application at selected locations.
7.4 You must also:
(a) allow Us to inspect Your licence at any time during the Rental Period; and
(b) fully inspect the Vehicle at the Start of Rental to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement and Vehicle Details and Condition Report, and all equipment hired is present. If there is any discrepancy You must notify Us prior to leaving the Rental Station;
7.5 During the Rental Period You must:
(a) Take all reasonable care of the Vehicle:
(i) to prevent Damage, theft of the Vehicle and Third Party Loss;
(ii) to ensure that the Vehicle is not overloaded by the number of persons or by the weight of goods carried;
(iii) by using any security device fitted to or supplied with the Vehicle; and
(iv) by taking steps to protect the Vehicle against inclement weather such as closing the sunroof or convertible roof to prevent the entry of rain or where practicable, by garaging the Vehicle to prevent Damage caused by hail;
(v) by taking steps to prevent damage as a result of loading or unload the vehicle, ensuring any load is secured, and all applicable legislation for vehicle loading and transportation of goods is followed
(b) keep the Vehicle locked and secure and the keys and any keyless start or remote control device under Your personal control at all times and You must be able to produce those keys and device in the event of a theft of the Vehicle;
(c) maintain the Vehicle’s engine and brake oils, engine coolant levels and tyre pressures;
(d) ensure you use the correct fuel type; and
(e) operate the vehicle, and any additional equipment in line with the operating manual ;
7.6 During the Rental Period You must also:
(a) comply 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) comply 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 correctly adjusted and fastened;
(c) return the Vehicle and any accessories, equipment or specialised equipment supplied by Us including, but not limited to, child restraints, strollers, GPS units, tailgate lifters, ramps and trolleys in the same condition as at the Start of Rental, subject to reasonable wear and tear;
(d) adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station;
(e) observe any warning indicators that may appear in the vehicle. If You are not sure what an indicator is telling you to do, you must contact the Rental Station from which you rented the vehicle as soon as possible for advice;
(f) notify us immediately if the vehicle has reached the mileage when the next service is due, as indicated on the service sticker affixed to the windscreen;
(g) immediately upon request provide Us and any regulatory authority Your full, accurate and up-to-date information relating to the use of the Vehicle during the Rental Period;
(h) You must notify Us as soon as possible, and no later than 24 hours after an accident or incident (unless there are circumstances under which it is impractical or impossible for you to advise us within 24 hours, and You can produce documented evidence of those circumstances on Our request), of any damage or loss that has occurred by contacting the Rental Station from which you rented your vehicle and providing full details to Us by completing an Incident Report Form, which We will supply to You;
(i) in the event of any incident or accident, notify the police if required under relevant legislation; and
(j) remain in contact with Us for the purpose of providing assistance with the investigation of any incidents or accidents, including attendance of any court proceedings related to your Rental Agreement as reasonably requested by us, until we notify you that your assistance is no longer required.
7.7 You must never:
(a) use the Vehicle when it is unsafe;
(b) drive the Vehicle whilst under the influence of alcohol or drugs or have a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit in the state or territory where the Vehicle is driven;
(c) fail or refuse to undergo any breath, blood, oral fluid or urine test or drug impairment assessment in the state or territory in which the Vehicle is driven;
(d) drive the Vehicle whilst Your driving licence is subject to any restriction or condition;
(e) commit:
(i) any wilful, deliberate or criminal act, including an act of driver abuse; or
(ii) an act of connivance with any person acting for You or on Your behalf, that causes Damage or Third Party Loss;
(f) ) drive the Vehicle dangerously or recklessly;
(g) use the Vehicle for off-roading, reliability trials, a race, rally or contest, speed testing, driving instruction, to propel or tow another vehicle, or in violation of any legislation, order or regulation affecting the use, loading or condition of the Vehicle;
(h) use the Vehicle for any illegal purpose or in a manner which would result in a criminal offence;
(i) sell, rent or dispose of the Vehicle;
(j) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009;
(k) provide us with information you know to be false or misleading, or knowingly fail to give us all the relevant information you have when assisting us with investigations pertaining to any incident or accident, or any court proceedings related to your Rental Agreement; or
(l) use the vehicle for carrying any dangerous goods or substances, any flammable items or toxic substances.
7.8 You must not:
(a) use a mobile phone, GPS unit or other handheld device whilst the Vehicle is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used;
(b) leave the keys to the Vehicle, any keyless start or remote door control device in it or with it whilst it is unattended or unoccupied by You or any passenger;
(c) leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator, except if your health or safety would otherwise be endangered;
(d) modify, tamper with, or repair the Vehicle in any way, including, but not limited to, the installation of roof racks and towbars;
(e) use the Vehicle for the transport of passengers or property for hire, fare or reward unless the Vehicle is a Commercial Vehicle or You have Our prior written authority;
(f) ) use the Vehicle for transporting any animals, unless specifically approved by Us. Approval can be sought to transport Guide Dogs and Companion Animals. Additional cleaning charges may apply when transporting animals specifically approved by Us;
(g) transport the Vehicle on a ferry or ship or other watercraft without Our permission. Even if We grant You permission however, You have no cover for costs incurred for damage or loss of the vehicle or any equipment, together with the cost of any damage You cause to other property whilst the Vehicle is being transported, even if the maximum DRF has been paid, and even if any CDWP options have been purchased; or
(h) allow the Vehicle to be towed without our permission.
7.9 You and any passengers must not smoke in the Vehicle. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age. Additional cleaning charges will apply if there is a breach of this condition.
7.10 Parts of Australia are not suitable for access by rental vehicles. To prevent Damage to the Vehicle and for Your own personal safety We strictly enforce conditions that restrict Your use of the Vehicle and unless We have given Our prior written consent, You must never take the Vehicle:
(a) on any unsealed road unless it is a four wheel drive (4WD) vehicle which has a transfer case with an independent Low range and Hi range gearing capability;
(b) in any area above the snow line, where snow chains are required unless you have purchased Snow Cover;
(c) Off Road;
(d) between mainland Australia and Tasmania in either direction, unless given written prior approval as authorised by Us;
(e) onto any island with the exception of:
(i) Kangaroo Island;
(ii) Stradbroke Island;
(iii) Magnetic Island;
(iv) Bribie Island;
(v) Phillip Island; or
(vi) Bruny Island,
(f) ) through any river, stream, creek or tidal crossing;
(g) through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the Vehicle unsafe;
(h) on any road where the police or any government or statutory authority has issued a warning, caution or which has been closed;
(i) onto any road or region where We have notified You that the use of the Vehicle is prohibited;
(j) in the Kakadu region:
(i) Jim Jim and Twin Falls;
(k) in the Katherine region:
(i) Central Arnhem Road to Gove beyond Bulman;
(l) in the Broome region:
(i) Cable Beach; or
(ii) any other beach in the region;
(m) in the Kimberley region:
(i) Mitchell Plateau;
(ii) Kalumburu road north of Drysdale River station;
(iii) on the Gibb River Road, subject to seasonal road conditions; and
(iv) outside any town or city limits between sunset and sunrise;
(n) in Central Australia:
(i) on the Tanami Track;
(ii) on the Gunbarrell Highway;
(iii) on the Plenty/Donahue Highway;
(iv) on the Canning Stock Route;
(v) on the Oodnadatta Track;
(vi) on the Strzelecki Track; and
(vii) on the Birdsville Track, when travelling with another vehicle which You can provide documented evidence of;
(o) any Aboriginal Land without providing an entry permit to A PLUS for Our written approval prior. Any entry to Aboriginal Land without a permit is illegal;
(p) in Queensland:
(i) on the Gulf Track;
(ii) on the Telegraph Track and on the Peninsula Developmental Road north of Bramwell station; and
(iii) on the Cape York Peninsula; subject to seasonal road conditions;
(q) in Northern Territory:
(i) outside any town or city limits between sunset and sunrise;
(r) in any other remote area as specified in Your Rental Agreement between sunset or sunrise, with the exception of Uluru and Kata Tjuta National Park;
7.11 There are other prohibited areas and routes where You must never take the Vehicle:
(a) in the Northern Territory:
(i) on Larapinta Drive or Namatjira Drive, also known as the Mereenie Loop Road;
(b) in Western Australia:
(i) on the Spring Creek Track, in Purnululu National Park (Bungle Bungles);
(ii) on the Gibb River Road, and all unsealed roads adjacent to this road; and
(iii) on the Fairfield-Leopold Downs Road, and all unsealed roads adjacent to this road;
even if additional CDWP products have been purchased, the standard, non- reducible DRF and SVA (where applicable) amounts apply when travelling in these areas and routes.
8 OUR RESPONSIBILITIES
8.1 When You make a reservation with Us without deposit, we are not obligated to provide a Vehicle and any additional equipment requested (subject to availability).
8.2 If the Vehicle breaks down during the Rental Period because of Our negligence We will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired We will use Our best endeavours to provide a replacement Vehicle of an equivalent size and standard to the previous Vehicle for the remainder of the Rental Period when you return the rental station.
8.3 If you return the vehicle to (i) an Unmanned Location (without our consent) or (ii) outside of our operating hours, you are responsible for damage to the vehicle that may occur, for any reason, until the next business day when we have had an opportunity to inspect the vehicle.
8.4 If it is not possible to conduct an inspection of the Vehicle with You at the end of the Rental Period We will use Our best endeavours to confirm the condition of the Vehicle with You within 4 working hours of the Final Inspection.
8.5 Unless we are negligent or as required by law, we will not be responsible for any loss (including loss of profits), damage, costs or expenses which you incur, or death or personal injury to you or any other person, as a result of your rental.
8.6 We are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss.
9 ROADSIDE ASSISTANCE, BREAKDOWN, ACCIDENT AND REPAIR
9.1 Free roadside assistance is provided for inherent mechanical faults in the Vehicle but fees and charges apply for all other faults or driver induced errors. Generally, these fees and charges may apply to faults and driver induced errors such as:
(a) a flat battery (and not due to mechanical fault);
(b) lost keys, keyless start or remote control device;
(c) the key, keyless start or remote control device has been locked in the vehicle;
(d) changing a wheel as the result of a flat tyre; or
(e) running out of fuel;
9.2 Recovery Plus Protection may be purchased at select Rental Locations to provide cover for:
(a) sufficient fuel to allow the Vehicle to be driven to the nearest service station; or providing a Vehicle tow to the nearest service station when providing sufficient fuel is not possible or practical;
(b) unlocking the Vehicle when the keys, keyless start or remote control device has been locked in the Vehicle;
(c) changing a wheel as the result of a flat tyre;
(d) starting the Vehicle if the battery is flat because You have left the headlights or interior lights on or the air-conditioning, entertainment system or other electrical equipment operating when the engine is not running;
(e) the cost of a replacement battery which has failed as a result of You or the Additional Driver leaving the headlights or interior lights on or the air- conditioning, entertainment system or other electrical equipment operating when the engine is not running; and
(f) ) towing, as a result of something You, or the Additional Driver has done to, or caused to the Vehicle;
9.3 Recovery Plus Protection does not apply and there is no cover:
(a) for the cost of replacement tyre if this is damaged and is not due to mechanical fault or fair wear and tear
(b) for Damage as a result of Vehicle accident during the term of Your Rental Agreement; or
(c) if there has been a Serious Breach of the Rental Contract.
9.4 We reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been major Damage or You have committed a Serious Breach of the Rental Contract.
9.5 If:
(a) a warning light or fault message appears in the Vehicle;
(b) You see or become aware of low engine or brake oils, engine coolant levels or tyre pressures; or
(c) the Vehicle develops any fault during the Rental Period,
You must inform Us immediately via the contact details in the Vehicle and in the Rental Agreement and not use the Vehicle unless We have authorised You to do so. If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
9.6 You must not let anyone work on the Vehicle or arrange or undertake any repairs to the Vehicle or towing or salvage of it unless We have given You Our prior authority. 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 Serious Breach of the Rental Contract. There is no cover for any damage or loss caused to the vehicle as a result of unauthorised towing, salvage, or repair to the Vehicle.
9.7 You must immediately report any Accident or theft of the Vehicle to Us and complete all other documentation that We require. You must forward any third party correspondence or court documents to Us within 7 days of receipt.
9.8 If You have an Accident in which:
(a) a person is injured;
(b) the other party failed to stop or exchange details;
(c) the Vehicle or any other vehicle is towed; or
(d) a driver appears to be under the influence of intoxicating liquor or drugs, a report must also be made to the police immediately.
9.9 If the Vehicle is stolen a report must be made to the police immediately once the theft is discovered.
9.10 If You have an Accident You must also:
(a) make the Vehicle secure;
(b) get the names and addresses of all persons involved, including witnesses;
(c) supply Us with any information concerning the driver of the Vehicle and You must allow Us direct access to the driver of the Vehicle and You must fully co-operate in allowing Us to gain such access;
(d) not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability; unless We have given You written consent;
(e) permit and assist Us to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyer’s office and/or court; and
(f) ) allow Us to claim in Your name under any applicable substitute vehicle insurance, and do everything that may be required to assist Us in making such a claim.
10 END OF THE RENTAL CONTRACT
10.1 At the end of the Rental Period, in addition to Your obligations, You must return the Vehicle to Us:
(a) to the Rental Station specified in the Rental Agreement;
(b) in the same condition it was in at the Start of Rental, subject to reasonable wear and tear; and
(c) at the date and time set in the Rental Agreement.
10.2 We allow you a grace period of 59 minutes for the return of the Vehicle but if it is returned to Us more than 59 minutes after the time set for it’s return in the Rental Agreement we will charge you as hour rate on the agreement:
10.3 If the Rental Contract has not been extended by Us and the Vehicle is returned to Us more than 24 hours after the time set for its return in the Rental Agreement there is no Damage Cover so that You are liable for Damage and Third Party Loss and any repossession charges or costs We incur in this default period.
10.4 If You return the Vehicle to a rental station other than that shown in the Rental Agreement, or when the Rental Station is closed, or any place other than our Rental Station:
(a) a one way fee may apply; and
(b) You are liable for and must pay:
(i) for Damage and Third party Loss; and
(ii) the Rental Charges, until the Final Inspection has been conducted in accordance with clause 8.3.
10.5 If a deposit has been prepaid to Us it is fully refundable to You provided that at the end of the Rental Period:
(a) all amounts due to Us under the Rental Contract have been paid;
(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 or Third Party Loss;
(d) the interior and exterior are clean;
(e) the Vehicle has been refuelled to the level specified in the Rental Agreement, unless You have purchased our Prepaid Fuel option; or
(f) ) there has not been a Serious Breach of the Rental Contract.
We reserve the right to retain all or part of a deposit if there is a breach of any of these conditions.
11 TERMINATION OF THE RENTAL CONTRACT
11.1 We may terminate the Rental Contract and take immediate possession of the Vehicle if You commit:
(a) a Serious Breach of the Rental Contract; or
(b) a reckless breach of road or traffic legislation.
11.2 If the Rental Contract is terminated by Us pursuant to clause 11.1:
(a) You must pay for:
(i) Damage to Vehicle or any equipment supplied with the Vehicle;
(ii) loss of the Vehicle or equipment as a result of theft;
(iii) Third Party Loss;
(iv) storage, repossession and recovery fees;
(v) fees for the release of the Vehicle from compounds;
(vi) roadside assistance;
(vii) administrative and legal costs of recovery;
(viii) the Rental Charges; and
(ix) compensation for loss of use as a result of Vehicle recovery and/or Damage;
(b) it will not affect Our right to receive any money We are owed under the Rental Contract; and
(c) You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing damage.
12 APPLICABLE LAW
12.1 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 that law or any other Federal, State or Territory legislation.
12.2 The laws of the State in which the Rental Station is situated and of the Commonwealth of Australia govern the Rental Contract.
12.3 To the extent permitted by law, our liability pursuant to any relevant Australian law is limited at our option to the replacement, repair, or re-supply of the vehicle for the remaining term of your rental or reimbursement of your Rental Charges.
13 DISPUTE RESOLUTION
13.1 If You believe there has been an error in Your account or if You have any complaint, Our staff at the Rental Station will help You in every way they can to rectify the error or resolve the complaint.
14 PRIVACY POLICY
14.1 The terms of Our Privacy Policy (available at apluscar.com.au) form part of these terms and conditions. Our Privacy Policy sets out how We collect, use, store and disclose Your personal information.
14.2 If We do not collect Personal Information from You, We will not be able to rent You a Vehicle and if any of the Personal Information You provide is incomplete or inaccurate, the quality of Our services may be compromised.
14.3 By entering into the Rental Contract with Us and by providing Us with personal information, You represent to Us and We proceed on the basis that You have read and agree to the terms of Our Privacy Policy.
14.4 If your vehicle incurs tolls during your Rental Period, then we will also pass your personal information to the electronic tolling system provider specified on the front page of your Rental Agreement, this personal information will contain payment information such credit card or debit card details.
14.5 We may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the Vehicle to be tracked or located. By hiring an A PLUS Vehicle You expressly consent to Us using a GPS Device on the Vehicle during the Rental Period and collecting, using and retaining information from the GPS Device. Further information is available in Our Privacy Policy.
14.6 If You default in the payment of any moneys owed to Us, 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.
15 GENERAL
15.1 If You are the holder of a corporate account with Us or if Your Agreement with Us provides for Customer Own Insurance these Terms and Conditions must be read in conjunction with Your signed Agreement.
15.2 Each time You rent a vehicle from A Plus, You agree that even if you do not sign anything, you are bound by the Rental Agreement which incorporates the following:
(a) the front page of Your Rental Agreement;
(b) these Terms & Conditions; and
(c) vehicle condition report.
By signing the Rental Agreement You accept, and agree to be bound by, these Terms and Conditions.
16 YOUR E-TOLL FACILITY
A Tag may be installed in Your Vehicle as part of the E-Toll Facility. The Tag is the property of A Plus. You must not use any other tag in the Vehicle or register for any other electronic or video tolling product in relation to the Vehicle. If You do use another tag or electronic or video tolling product, You will still be charged Tolls and Fees by A Plus.
PAYMENTS, FEES AND CHARGES IN CONNECTION WITH YOUR E-TOLL FACILITY
You must pay the following amounts to A Plus in connection with the use of Your E-Toll Facility: all Tolls (it is Your responsibility to be aware of all Tolls payable in connection
LOST, STOLEN, OR MALFUNCTIONING TAGS
You must immediately inform A Plus if either of the following occur:
(a) the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way defective; or
(b) the Vehicle is lost or stolen.
If You inform A Plus that the Tag is malfunctioning or is in any way defective, Your E-Toll Facility will still enable You to use the E-Toll System and to pay Tolls and Fees
in accordance with these Terms and Conditions and You will continue to be liable for Tolls and Fees.
If the Tag or the Vehicle is lost or stolen and You have immediately informed A Plus, You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed us.