The terms and conditions set out below form part of the Rental Agreement (RA) between the company identified in the RA (“News 1 Pty Ltd”, “Us”, “Our”, “We”) and the Hirer (“I”, “You”, “Your”) to hire the Vehicle identified in the RA (“Vehicle”) including all accessories, tools, tyres and equipment and any replacement Vehicle.  “Hirer” means the Person/Company named in the RA as the Hirer and any Person/Company who/which provides a Credit Card Authority to Us.

0.1. Seven days notice required for cancellation.

0.2. Cars are not to be driven off roads and to remain between Bundaberg (Qld) in the north and Canberra (NSW) in the south.

1.1. VEHICLE CONDITION & RETURN: The Vehicle is delivered to You clean; in good operating condition except for ordinary Wear and tear; with the seal of the odometer unbroken; with manufacturer supplied tools, tyres, accessories and equipment, keys and any other items specified in the Vehicle Details and Damage Report or in the RA; with the check out odometer and fuel reading set out in the RA.

 1.2. You agree to maintain tyre pressure, fluids and fuel at the proper operating levels and to immediately report to Us any defect. 

 1.3. You agree to return the Vehicle to Us: in the same condition in which You received it; to the return location as noted in the RA with all of the items as described in Clause 1.1. in good condition; by the return date and time as noted in the RA; with a fuel reading at least equal to  the check out fuel reading in the RA.

 1.4. We must be notified and agree to any extension to the period of Hire as noted on the RA, in advance of the return date and time.  If You fail to return the Vehicle to Us by the agreed date and time as noted on the RA the Vehicle will be immediately reported to the police as having been stolen.  We may take possession of the Vehicle without prior demand: if it is illegally parked; in Our opinion is being Used or has been Used in contravention of any law or of a term of the RA; has apparently been abandoned.  You will be responsible for the Vehicle and the Hire will continue until We make Our final inspection (including circumstances where-in the inspection cannot take place for some time, e.g. You return the Vehicle to a location which is unattended).

2.1.  USE OF VEHICLE:  Persons who must not drive the Vehicle (unless authorised by Us in writing): a person who is not identified under Hirer or Joint Hirer information on the RA or in a credit card authority; a person who does not hold a current valid unrestricted motor Vehicle drivers licence for the particular class of Vehicle Hired (learners permits and provisional drivers licences are not acceptable); a person whose breath or blood alcohol concentration exceeds the maximum lawful concentration or who is intoxicated or who is under the influence of any drug, toxic or illegal substance; a person who has given Us or for whom You have given Us a false name, age, address or drivers licence details; a person whose drivers licence has been suspended, cancelled or endorsed within the last three years; a person who is under the age of (21) or over the age of (75) years.

3.1   THE VEHICLE MUST NOT BE USED BY YOU OR BY ANY AUTHORISED DRIVER (unless authorised by Us in writing): If the Place Of Hire is in NSW or QLD, the Vehicle must not be Used in WA, NT, TAS, VIC, SA, Fraser Island or north of Bundaberg, Queensland; above the snow line being either the entrance to National Parks where the snow falls or areas in which snow chains are required to be fitted (by the relevant authority); on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete) unless the Vehicle is 4WD in which case it may also be Used on graded unsealed roads.

 3.2.  No Vehicle (including 4WDs) may be Used in off road conditions.  Off road conditions include but are not limited to fire trails, beaches, sand, tracks, national forests, fields or paddocks.

 3.3. The Vehicle must not be Used by You or by any authorised driver: to carry persons for hire or for reward; to carry any flammable explosive or corrosive materials; to propel or tow any Vehicle; to carry a greater load, number of persons or for Use in a manner or for a purpose for which the Vehicle was not designed and constructed; to carry any greater number of persons than the Vehicle has seatbelts; to carry any animal or pet; for racing, pace making, reliability trials; hill climbing; or being tested for any of these purposes; in contravention of any criminal legislation or any legislation involving a penalty or for any illegal purpose what-so-ever; if We have directed You or any authorised person not to drive the Vehicle.

4.1.   FINANCIAL OBLIGATIONS: Joint Hirers and all Hirers as noted on the RA are jointly and severally responsible under this Agreement. You are responsible for and by entering into the Agreement You irrevocably and unconditionally authorise Us to charge the credit card provided or any other credit card provided or Your “account” as nominated respectively under “payment information” in the RA or in the Credit Card Authority (and You will pay on demand any balance) with the following charges up until return to Us or collection by Us of the Vehicle (whether or not charges are detailed in the RA): all charges at the rates as specified in the RA under “Rental Charges” (rates apply to each consecutive 24 hour period commencing from the check out time); the Loss or Damage Liability Fee and Single Vehicle Damage Liability Fee and the Area Of Use Liability Fee in the RA; the cost of repair or reinstatement of loss or damage where loss or damage cover offered by Us does not apply; where You breach any of Your obligations under the RA (without limiting any other right We have) such sum as is necessary to compensate Us for Our loss or damage as determined by Us acting reasonably; all fines, penalties or any other additional charges incurred plus Our administration fee per event; all loss or damage to the Vehicle (including loss of Use), legal expenses, assessment fees, towing and recovery fees, consequential third party damage, storage and any company service charges; all applicable Goods & Services tax (GST), Stamp Duty and any other government taxes or duties that may apply; Our charge for adding fuel to the Vehicle up to the Check Out Fuel Reading which may include a service charge; the Cost to Us of recovering the Vehicle in the circumstances described in Clause 1.1.; where You fail to return any of the items described in Clause 1.1. in good condition, the cost to Us of replacing same; interest on all outstanding charges at a rate of 8% per annum.  You agree that such interest is a genuine pre-estimate of Our damages; final charges which will be determined after a final inspection by Our representative which will be made as soon as practicable after return to or recovery by Us of the Vehicle.  Any payments on outstanding charges received will be credited firstly against any accrued but unpaid interest, Our costs of recovering or attempting to recover from You any outstanding charges including any mercantile agents costs and legal costs on a full indemnity basis.  We shall be entitled to list Your payment default/s with the Credit reference Association of Australia or other relevant credit reference organizations which You acknowledge may affect Your credit rating.

5.1 LOSS OR DAMAGE COVER OFFERED BY US: All our vehicles are comprehensively insured (STANDARD COVER) with a damage liability stated on the RA. If You choose Excess Reduction Waiver (ERW)  Your Loss or Damage Liability Fee is reduced to the amount stated on the RA.  Other liability fees continue to be payable where applicable.  The cover offered is subject to: Your payment of the damage/loss liability charge as stated on the RA; Your not having acted or caused any other person to have acted in any manner which is in contravention of this agreement; Your not being covered by any policy of insurance covering any loss or damage in which case You will not be covered by Us; Your providing any information or assistance as may be requested ( within seven days of the incident ) and, if necessary, authorizing the company insurer to bring, defend or settle legal proceedings but the company shall have sole conduct of the proceedings.

5.2. STANDARD COVER: We will pay for the amount of any loss or damage to Our Vehicle (including prior accident value or repair costs), Our assessment fees, towing and storage fees, Our legal and investigative fees, Our loss of rental revenue and Our service charges.  We will also pay for any amount which You are legally held liable to pay as a result of an accident caused by Your Use of the Vehicle, for loss or damage to property other than any property owned by You (or any relative, associate, passenger or any person known to You) or any property in Your physical or legal control.  The standard cover is subject to conditions and exclusions as follow. 

5.3.  This payment is subject to: You not being in breach of any terms or conditions of the RA and having paid your excess as per the RA , you are not charged by the police for the incident or accident, or it is not a Single Vehicle Accident (SVA) in which (a) no other motor Vehicle is involved (e.g. roll-overs, collisions with animals, trees, pedestrians etc) (b) another motor Vehicle is involved but: - (i) that other motor Vehicle or its driver has not been identified to Us; or (ii) at the time of the incident the Vehicle was moving in reverse and that other motor Vehicle was stationary; or (iii) at the time of the incident that other motor Vehicle was parked;  You will promptly report to Us and the police or other relevant authority, and in any event within 24 hours, any incident involving loss or damage to the Vehicle or any other property or injury to any person.

6.1. EXCLUSIONS TO COVER:  Damage not covered: damage or loss arising from Theft where the Vehicle is left unlocked or unsecured or You have not kept the keys secure; damage or loss where the Vehicle is totally or partially immersed in water regardless of cause; damage or loss to the interior of the Vehicle, which requires professional cleaning, deodorizing or repair; damage or loss to the tyres, such as punctures, cuts, abrasions or to the windscreen such as chips, cracks or stars; damage or loss to tyres caused by use on construction sites, mines and unsealed roads. 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 Vehicles front windscreen.; damage or loss caused to any part of the pantech or box section of convertible roof; 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 lifter, ramps and any other structural or mechanical item. Additional damage not covered: damage or loss to the tailgate lifter, ramps and associated equipment during Usage of those items. Damage or loss to the Vehicle or third party property: by You driving the Vehicle after the Vehicle has sustained radiator fluid loss, transmission or engine oil loss or loss of tyre pressure loss; by loading or unloading to or from the Vehicle; deliberately caused by You or by You Using the Vehicle in a dangerous or reckless manner. 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.  The cost of towing or salvage of the Vehicle in or from a remote or sparsely populated area.  Damage or loss caused to the Vehicle through the Use of snow chains or roof-racks.  Costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of Your failure to deliver immediately every Summons, complaint, demand or notice in relation to any loss or damage.

7.1. GENERAL PROVISIONS We reserve the right to refuse hire of another Vehicle to You following any incident or accident where You have breached a term of this RA.  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.  No hirer, driver or passengers in the Vehicle shall be deemed to be Our agent, servant or employee, in any manner or for any purpose whatsoever.  To the fullest extent permitted by law, all terms, conditions and warranties which would otherwise be implied are hereby expressly excluded.  Whenever We are permitted to limit Our liability under State and/or Federal statute for breach of an implied condition or warranty, Our liability is limited to the replacement, repair or re-supply of the Vehicle.  We are not liable for any indirect, special, incidental or consequential damage suffered by You or any other person due to any breach of this RA by Us and You release and indemnify Us (including for legal costs) from any such claim.  None of Our rights under this RA may be waived except in writing by one of Our officers. Words Used in this RA and/or noted on the RA include all genders and singular words include the plural. You warrant that all information supplied in connection with this RA, whether before or after the date hereof, is or shall be true and correct in all respects and that You will immediately notify Us of any such changes.  Any reference in any clause to “You” or “Your” shall include the Hirer and all authorised drivers in the RA.  Where “You” are more than one person Your obligations under this RA and joint and several. “Person” includes a company.

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