Flashcab Rentals

RENTAL VEHICLE AGREEMENT ---TERMS AND CONDIT1ONS

This is an Agreement between the prospective hirer identified on Page 1 (you) and the Company identified on page 1 (the Company) to rent the motor vehicle described on Page 1 including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).

1. VEHICLE CONDITION AND RETURN

The vehicle is delivered to you in good operating condition and with the seal of the odometer unbroken.
You agree to return the vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE with all tools, tyres,accessories and equipment to the location specified on Page 1 and on the date there specified (or sooner if requested by the Company).
 The company may take possession of the vehicle without prior demand and at your expense, if it is illegally parked,used in violation of the law or of this agreement if it is apparently abandoned.
If the seal of the odometer is broken the persons responsible will be reported to the appropriate authority and you are responsible for extra charges based on 500 kilometres per day at 50cents per kilometre.

Note: The Company must be notified and agree to any extension of the period of hire beyond the return date and time or the vehicle will be immediately reported as stolen

2.     UNAUTHORISED AND PROHIBITED USE

Persons who must not drive the vehicle

(a)   A person who is not identified on Page 1 or has not been identified in writing to the Company or

(b)   A person who is not licensed for that class of vehicle.

(C)   A person whose blood alcohol concentration exceeds the lawful percentage.

(d)   A person who has given or for whom you have given a false name, age, address or drivers license details.

(e)   A person whose drivers license has been cancelled, endorsed or suspended within the last three years.

(f)   A person who has held a full drivers license for less than two years.

(g)   A person who is less than 25 years of age or older than 75 years .

Circumstances in which and/or for which the vehicle must not be used;

(a)   Outside the area of use limitations.See below.

(b)   On unsealed roads or off road conditions unless authorised by us in writing or on the face of this agreement.

(c)   To carry persons for hire or to carry any inflammable, explosive or corrosive materials unless authorised in writing by the company.

(d)   To propel or tow any vehicle, trailer, boat or other object unless the company has authorised such use in writing.

(e)   To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than for which it is constructed.

(f)   To carry any animal or pet in the vehicle unless authorised in writing or on the lace of this agreement.

(g)   For racing, pacemaking, reliability lrials, speed trials. hill climbing or being tested in preparation for those purposes.

(h)   In a dangerous manner.

(i)   In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.  

(j)  Unless the wheelchair restraints provided within the vehicle are properly secured both to the wheelchair and its occupant

3.      FINANCIAL OBLIGATIONS

Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement.

YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT ON PAGE 1 YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:

(a)   All rental charges specified on Page 1.

(b)   All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company. A handling fee will be charged to your Account or Credit Card.

{c)   All loss or damage to the motor vehicle (including loss of use), Third Party Damages, legal expenses, assessment fees, towing and recovery, storage and company service charges where .

(d)   Any condition of this agreement. and in particular Condition 2, or any special condition on Page 1 has been breached;

(e)   The vehicle is involved in a single vehicle accident unless the Company waives such loss to a single vehicle liability amount shown on Page 1.

(f)   You have left the vehicle unlocked or left the keys in the vehicle;

(g)   You have not kept the key secure and under your personal control;

(h)   The underbody of the vehicle is damaged regardless of cause when no other vehicle is involved;

(i)   The vehicle is totally or partially immersed in water regardless of cause;

(j)   The interior of the vehicle is damaged regardless of cause when no other vehicle is involved,

(k)   The tyres of the vehicle are damaged other than by normal wear;

(l)   The vehicle is damaged by driving it under or into an object lower than the height of the vehicle;

(m)   You have tailed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware;

(o)   The vehicle is damaged by loading or unloading, other than normal wear.

(p)   Your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment .

Special note: If you have paid by use of a credit card or directed the company to debit charges to some other person, corporation, firm or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the company on demand.

4.   DAMAGE COVER

If you act within the hire terms and conditions of this agreement the company will grant damage cover (including legal costs incurred with our consent)for your benefit in respect of damages to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control.
This cover is subject to:

(a)   Your payment (per incident) of the damage/loss liability charge stated on page 1.An Insurance Excess of $1500.00 per incident applies unless an additional payment of the excess reduction fee is made. This will reduce the excess on any claim to $500.00 per incident.

{b)   Your not having acted or having caused any other person to have acted in any manner which is m contravention of this agreement including the general provisions shown on this page.

(c)   Your not being covered under any policy of insurance.

(d)   Your providing such information and assistance as may be requested and, if necessary authorising the company insurer to bring, defend or settle legal proceedings. The company shall have sole conduct of these proceedings.

5.      GENERAL PROVISIONS

(a)   You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while rented under this agreement to the company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer trom reporting all incidents to police or other proper authorities.

(b)   You release and hold harmless the Company (and its agents and employees) from all claims for toss or damages to your personal property, or that of any other persons property left in Ihe vehicle, or which is received, handled or stored by the company at any time before, during or after this rental period, whether due to the Company’s negligence or otherwise.

(c)   Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever.

(d)   THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILTY OR FITNESS FOR ANY PARTICULAR PURPOSE.

(e)   No right of the Company under this agreement may be waived except in writing by an officer of the company.

(f)   Words used in this agreement to denote any gender shall include ail genders, singular words include the plural, and noted on page 1.

(g)   All loss and damage per incident and each incident leading to loss or damage is subject to the damage liability charge per incident.

6.   FUEL

The vehicle must be returned with the fuel tank full.If the vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on page 1.

7.PERSONAL ACC1DENT INSURANCE .
Personal accident insurance for the Driver and Passengers in the hire vehicle is NOT included in vehicle insurances described in these terms and conditions

8.AREA OF USE LIMITATIONS. The vehicle may be driven in Queensland,NSW,ACT and VIC only.The vehicles may NOT be driven to Tasmania,South Australia,Western Australia or the Northern Territory,Fraser Island,Stradbroke Islands,Moreton Island and roads north of Port Douglas,QLD.

I HAVE READ AND UNDERSTOOD THIS PAGE AND ANY OTHER CONDITIONS ON PAGE 1 AND SIGNED IT BEFORE MAKING ANY AGREEMENT TO HIRE ANY VEHICLE.