Terms and Conditions (T&C)
These T&C form part of the Rental Agreement (“RA”) between Ezy Rentals Pty Ltd ABN 41 732 729 703 trading as Ezy Vehicle Rentals (“ Us/We/Our”) and the Hirer of the vehicle named in the RA (“You/Your”).
1. Vehicle Condition
1.1 You acknowledge:
(a) receiving the vehicle from Us:
in a good and clean condition except for ordinary wear and tear (not including windscreen or tyre damage);
with manufacturer supplied tools, tyres, accessories and equipment, keys and any other items specified in the RA;
with the seal of the odometer unbroken; and
with the odometer and fuel reading at the commencement of the hire as set out in the RA; and
(b) inspecting the vehicle and confirming that it is fit for the purpose for which it has been hired.
1.2 You agree to maintain tyre pressure, fluid and fuel at the proper operating levels and to immediately report any defect to Us.
2. Return of the Vehicle
2.1 You return the vehicle to Us:
(a) in the same condition it was received;
(b) to the Return Location by the return date and time specified in the RA;
(c) with all of the items described in clause 1.1(a)(ii) in good condition; and
(d) with a fuel reading at least equal to the level at the commencement of the hire as set out in the RA.
2.2 We must be notified and agree to any extension of the period of hire, in advance of the return date. If You fail to return the vehicle to Us by the return date and time, the vehicle will be immediately reported to the Police as stolen and hire charges will continue to accrue and be payable by You until We perform a final inspection.
2.3 We may take possession of the vehicle without prior demand if it is illegally parked or if, in Our opinion:
(a) It is being used, or has been used, in contravention of any law or term of this RA; or
(b) It has apparently been abandoned.
2.4 You are responsible for the vehicle and hire charges will continue to accrue and be payable by You until We perform a final inspection (even when the inspection cannot take place for some time eg the vehicle is delivered to a location which is unattended or the vehicle is damaged and requires replacement or repair (see cl 4.3)).
2.5 If the vehicle is returned to a location other than the Return Location, a Relocation Fee must be paid on completion of the hire.
2.6 If the vehicle is returned to a location other than the Return Location outside of opening hours, the vehicle will still be considered on hire, hire charges will continue to accrue and be payable by You and the vehicle will remain Your responsibility.
3. Use of Vehicle
3.1 If You are a company or separate legal entity, You must nominate an Authorised Driver and You will be responsible for the due and proper compliance by the Authorised Driver with these T&C.
3.2 If, during the period of hire, the vehicle is damaged, whether mechanically or otherwise or requires repairs or is involved in any accident, You must advise Us within three (3) hours, by telephone or other means, of the full circumstances and must have the vehicle inspected at, or towed to, a location nominated by Us at Your expense. You must comply with Our directions in every respect. Any repairs to the vehicle not properly authorised by Us will be at Your expense.
3.3 The following Prohibited People must never drive the vehicle or otherwise be in control of the vehicle: –
(a) Any person other than the Authorised Driver
(b) A person whose breath or blood alcohol concentration exceeds the maximum lawful concentration, who is intoxicated or who is under the influence of any drug, toxic, or illegal substance;
3.4 The vehicle must never be driven in the following Prohibited Areas (without Our prior written consent):
(a) national parks in which snow falls or areas in which snow chains are required to be fitted by the relevant authority;
(b) surfaces inundated by salt water or subject to periodic, recurring or occasional salt water inundation;
(c) on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete) unless the vehicle is a 4WD in which case it may be used on graded unsealed roads;
(d) off shore or underground;
(e) Western Australia, on the Gibb River Road, Cape Leveque Road, Windjana Gorge, Canning Stock Route and Gunbarrel Highway;
(f) Queensland, beyond Chillagoe or Georgetown in a westerly direction or beyond Cooktown or Laura in a Northerly direction;
3.5 You agree not to use the vehicle for the following Prohibited Uses:
(a) convey passengers for hire or reward or convey any inflammable, explosive or corrosive materials
(b) propel or tow any vehicle, not being a trailer, or to propel or tow any trailer with a load in excess of the capacity of the trailer or towing mechanism of the vehicle
(c) carry any greater load, number of persons or use in a manner, or for a purpose for which the vehicle was not designed and constructed or to carry any greater number of persons than the vehicle has seat belts
(d) carry any animal or pet
(e) race, pace, enter reliability trials or hill climb with the vehicle, or test in preparation for those purposes;
(f) committing an illegal or unlawful act
(g) drive the vehicle if We have directed You not to do so
(h) sub-hire or otherwise part with possession of the vehicle without the written consent of Us;
(i) abuse or misuse the vehicle or drive or use it when it is damaged or unsafe
(j) under any circumstances where the vehicle and its keys are unsecured
4.1 You agree to pay on demand all of the following charges up until return of the vehicle to the Return Location or recovery of the vehicle by Us and We have performed the final inspection, whether or not charges are detailed in the RA:
(a) all charges at the rates described in the Rental Details of this RA. Daily rates apply to each consecutive 24-hour period from the commencement of the hire;
(b) ‘one way fees’ for delivering the vehicle at or collecting the vehicle from any location as requested by You that is not our Return Location;
(c) the amount of any Optional Excess Reduction Protection as accepted by You;
(d) the cost of repair or reinstatement of loss or damage to the vehicle where loss or damage cover offered by Us does not apply for any reason and shipping/towing costs incurred by Us because of such damage (whether or not such damage is caused by you);
(e) Where You breach any other obligations under the RA, without limiting any other right We may have, such amount as is necessary to compensate Us for loss or damage as determined by Us acting reasonably;
(f) all fines, penalties and other similar charges incurred plus Our prevailing administration fee per event;
(g) all applicable GST, stamp duty and any other government taxes or duties that may apply;
(h) any charge for adding fuel to the vehicle up to the fuel reading at the commencement of the hire set out in the RA;
(i) the cost of Us recovering the vehicle in the circumstances described in clause 2.3;
(j) the cost to Us of replacing the items described in clause 1.1(a) where You fail to return any items in good condition;
(k) all costs incurred by Us for registering Our interest on the Personal Property Security Register;
(l) the percentage of any amount charged to a credit or charge card
4.2 In addition to the charges outlined above in clause 4.1, You agree that in the event that the vehicle is damaged (whether or not such damage is caused by You) and subsequently written off, required to be replaced, required to be repaired, or is unable to be hired out by Us (as determined by Us at Our sole discretion), because of the said damage, You are liable for all loss of income and fees incurred by Us, including but not limited to out of pocket expenses payable by Us to third parties for the repair, replacement or writing off of the vehicle, administration fees (if any), and the hire charge rate will continue to accrue and be payable by You , until such time as either We are provided with a replacement vehicle or the damage to the vehicle is repaired (whichever occurs first). In furtherance of this clause 4.2 We agree that the maximum rental period for which the daily hire charge rate will accrue and be payable by You is 60 days from the date We take possession of the vehicle from You after the damage has occurred.
4.3 Final charges will be determined after the vehicle is returned/ recovered and We have performed Our final inspection or in circumstances where the vehicle has been damaged, once We have been provided with a replacement vehicle or the damage to the vehicle is repaired (whichever occurs first).
5. Payment of Charges
5.1 You irrevocably and unconditionally authorises Us to charge a credit card and/or account as determined by reference to the RA, with all charges payable by You under this RA;
5.2 If You fail to make full payment of any charge due to Us, You agree to pay Us:
(a) Interest on all outstanding charges at a rate equivalent to the prevailing rate charged by Our bank on overdrafts over $100,000 as damages. Payments received will be credited firstly against any accrued but unpaid interest; and
(b) Our costs of recovering or attempting to recover outstanding charges, including any mercantile agent’s costs, and legal costs on a full indemnity basis.
5.3 You accept that We are entitled to list payment defaults with the Credit Reference Association of Australia or any other relevant credit reference organisation, which may affect Your credit rating.
6. Your Liability
6.1 You are responsible, to the fullest extent permitted by applicable law, for all damages regardless of fault which occur whilst the vehicle is on hire to You.
6.2 You acknowledge that:
(a) Irrespective of what loss or damage cover is provided by Our insurer as specified in the RA, We are not representing ourselves to be carrying on the business of insurance.
(b) We are not liable for any indirect economic or consequential loss or damage incurred by You;
(c) the vehicle is suitable for the purpose for which it is hired and accordingly You will not make any claim against Us for loss or damage arising from a delay caused by breakdown, mechanical difficulty or accident by reason that You subsequently decide the vehicle is not suitable for the purpose intended; and
(d) We are not liable for any loss of Your property, or any other persons, left in the vehicle after it is returned to Us.
6.3 You indemnify Us for any liability, loss, claim, suit, action, expense, demand or proceedings of whatsoever nature We may suffer by reason of Your use of the vehicle in breach of the terms of conditions of the RA.
6.4 For the purposes of clauses 6 and 7, We are defined to include officers, employees, agents, contractors or invitees of the Company.
6.5 Standard Cover: You may have the benefit of Standard Cover provided in clause 7, subject to these T&C and any conditions and exclusions referred to in clause 7.
7. Standard Cover
7.1 Standard Cover indemnifies Us for the amount of any accidental loss or damage to Our vehicle, including pre accident value or repair costs, recovery of the vehicle from its damage/accident site, transporting the vehicle to its Rental Location and transporting the vehicle from the Rental Location to its repairer (one way) only.
7.2 The right of indemnification under the Standard Cover is subject to:
(a) You not being in breach of any T&C contained in or implied by this RA;
(b) Your payment, in respect of each separate incident, regardless of cause or fault, of any Excess (see cl 8), administration charges (see cl 8) and any premium or additional premium or fee payable for the use of the vehicle outside the T&C of the RA;
(c) You reporting promptly to Us and the police or other relevant authority, and in any event, any incident involving loss or damage to the vehicle or any other property or injury to any person;
(d) You providing such information and assistance as may be requested by Us and if necessary, authorising Us to bring, defend or settle legal proceedings and have sole conduct of any such proceedings;
(e) You giving to Us immediately every summons, complaint, demand or notice in relation to any loss or damage;
(f) You submitting to any tests required by the police to determine the concentration of alcohol or other drugs in Your blood;
(g) You not leaving the scene of any accident without providing full particulars to all relevant persons and authorities; and
(h) You not being covered under any other policy of insurance covering the loss or damage in which case You will not be covered by Us
7.3 Damage not covered by Standard Cover:
(a) Damage or loss arising from theft, where the vehicle is left unlocked or unsecured or You have not kept the vehicle’s keys secure.
(b) Damage or loss where the vehicle is totally or partially immersed in water regardless of cause.
(c) Damage of loss to the interior of the vehicle requiring professional cleaning, deodorising or repair.
(d) Damage or loss to the tyres, such as punctures, cuts, abrasions or to the windscreen such as chips, cracks and stars.
(e) Damage or loss to tyres caused by use on constructions sites, mines and unsealed roads.
(f) overhead damage being damage or loss sustained to the vehicle or any other property caused by driving the vehicle into or under any object of the same or a greater height than the base of the vehicle’s front windscreen.
(g) damage or loss to the undercarriage of the vehicle or to any other property arising from contact between the undercarriage and any object, obstruction or road surface regardless of cause. The undercarriage means any exposed components including but not limited to, wheels and tyres, engine, transmission, sumps, differential, suspension, exhaust system, fuel tank, floor pan, tailgate lifters, chassis, bash plates, belly guards, engine protection and ramps or any other mechanical or structural item.
(h) Damage or loss caused to the vehicle or third party property by the Hirer driving the Vehicle, after the vehicle has sustained radiator fluid loss, transmission or engine oil loss or loss of tyre pressure.
(i) Damage or loss to the vehicle or third party property caused by the Hirer failing to secure properly any load or equipment.
(j) Damage or loss caused to the vehicle or third party property by loading or unloading to or from the vehicle.
(k) Damage or loss to the vehicle deliberately caused by You or by Your use of the vehicle in a dangerous or reckless manner.
(l) Damage or loss to the vehicle whilst being transported, ferried or towed without Our authority, or whilst the vehicle is taken off the mainland or across any waterway whatsoever or used in any unauthorised area.
(m) the cost of towing or salvaging the vehicle in or from a remote or sparsely populated area.
(n) Damage of loss caused to the vehicle through the use of snow chains or roof racks.
(o) Costs or expenses incurred including legal costs, on a full indemnity basis, and interest as a result of the Hirer’s failure to deliver immediately to the Company every summons, complaint, demand or notice in relation to any loss or damage.
(p) damage or loss to any personal property owned by You or any relative, associate, passenger or any person known to You or any personal property in Your possession.
(q) Damage or loss caused by operating off road.
(r) Damage or loss to the body of the vehicle which cannot be attributed to a specific incident
7.4 You further acknowledge that the Standard Cover does not indemnify Us for loss of rental revenue, loss of income, shipping/towing costs associated with returning the vehicle from its repairer to its Rental Location (“Associated Costs”). In the event that the vehicle is totally or partially damaged then, regardless of the events surrounding the cause of the damage and any disputes as to fault, You will be responsible for all Associated Costs (where applicable), other applicable charges as referred to in clause 4 (at Our discretion) and the daily hire charge rate will continue to accrue, and is payable by You, until such time as either We are provided with a replacement vehicle or the damage to the vehicle is repaired (whichever occurs first). In furtherance of this clause 7.4, We agree that the maximum rental period for which the daily hire charge rate will accrue and be payable by You is 60 days from the date We retake possession of the vehicle from You after the damage has occurred.
7.5 Regardless of the provisions of clause 6 and this clause 7, in the event that the Standard Cover does not cover all damage caused to the vehicle We reserve all rights to recover from You any monies in respect of and incidental to any damage caused to the vehicle by You or whilst the vehicle is in Your possession.
8. Optional Excess Reduction Protection
8.1 You may purchase Optional Excess Reduction Protection:
Excess payable by You
|Standard Excess no Coverage Rate||
|Excess Reduction Package (Corolla)||
|Excess Reduction Package (Ford/Camry)||
|Single Cab, Dual Cab, Land Cruiser|
|Standard Excess no Coverage Rate||
|Delux Excess Reduction||
|Premium Excess Reduction||
|Gold Class Excess Reduction (Account)||
|Hiace Bus, Panek|
|Standard Excess no Coverage Rate||
*Single Vehicle Accident – regardless of fault You will be charged an additional $1,250
*Younger Driver Excess – regardless of fault if You are 21 – 24 years old at date of rental You will be charged an additional $550.00
8.2 Notwithstanding anything in this clause 8, or any other clause, there is no cap or limit on Your liability to Us resulting from any use of the vehicle for, or incurred whilst the vehicle is being used for any Prohibited Use or by any Prohibited Person or in any Prohibited Area referred to in clause 5.
9. Personal Property Security Act (PPSA)
9.1 This clause applies to the extent that the Personal Property Security Act 2009 (Cth) (PPSA) operates in relation to any security interest (as defined in PPSA) under this RA. This document constitutes a security agreement in writing covering the vehicle for the purposes of PPSA.
9.2 The security interest under this RA is a “purchase money security interest” (PMSI) to the extent that it can be under PPSA.
9.3 Our rights under this clause are in addition to and not in substitution of Our rights under other Law (including PPSA) and We may choose whether to exercise rights under this RA, or under such other Law, as We choose.
9.4 The following provisions of the PPSA do not apply and for the purposes of s115 are “contracted out” in respect of goods that are not used predominately for personal, domestic or household purposes: ss 95, 96, 125, 130, (3)(d) , 132(4), 135, 142, 143 and in relation to s128, 129 and 134(1) You agree that in addition to Our rights under PPSA We have the power to retain, deal with or dispose of any goods in a manner specified in those sections but also under this document in any other form it deems fit.
9.5 You waive Your right to receive a verification statement in relation to registration events in respect of commercial property under s157 of the PPSA
10. General Provisions
10.1 We reserve the right to refuse to hire another vehicle to You following any incident or accident or where You have breached a term of the RA.
10.2 We are not liable for any loss or damage to personal property left in the vehicle, or any property received, handled or stored by Us at any time before, during or after the hire period.
10.3 Neither You, Your driver or passengers in the vehicle will be deemed to be Our agent, servant or employee, in any manner or for any purpose whatsoever.
10.4 To the fullest extent permitted by law, all terms, conditions and warranties which would otherwise be implied are hereby expressly excluded.
10.5 Whenever We are permitted to limit its liability under State and/or Federal statute for breach of an implied condition or warranty, then this liability is limited to the replacement, repair or re-supply of the vehicle.
10.6 We are not liable for any indirect, special, incidental or consequential damage suffered by You or any other person due to any breach of the RA by Us and You release and indemnify Us, including for legal costs, from any such claim.
10.7 Our rights under the RA may only be waived in writing by one of Our officers.
10.8 Words used in the RA and/or noted on the RA include all genders and singular words include the plural.
10.9 You warrant that all information supplied in connection with the RA, whether before or after the date of execution, is or shall be true and correct in all respects, and that You will immediately notify Us of any such changes.
10.10 All reference to You includes all Authorised Drivers.
10.11 Where You are more than one person, Your obligations under the RA are joint and several. “Person” includes a company.
10.12 The parties agree that this RA is governed by the laws of Queensland, Australia.