Cairns Airport RentacarS (CARS) Terms and Conditions

1. You acknowledge receiving the vehicle from us:

a) in a good and clean condition except as specified in the vehicle details and damage report;

b) with manufacturer supplied tools, tyres, accessories and equipment, keys and any other items specified on the vehicle details and damage report or in the RA;

c) with the checkout odometer and fuel reading set out in the RA;

d) you agree to maintain tyre pressure, fluid and fuel at the proper operating levels and to immediately report to us any defect.

1. You agree to return the vehicle to us:

a) in the same condition in which you received it;

b) to the return location in the RA by the return date and time in the RA;

c) with all of the items described in clause 1(1) (b) in good condition;

d) with a fuel reading at least equal to the check out fuel reading in the RA;

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, a $50 penalty plus rental charges will apply;

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 of a term of this RA; or

b) it has apparently been abandoned.

4. You will responsible for the vehicle and the hire will continue until we make our final inspection (including where the inspection can not take place for some time e.g. you return the vehicle to a location unoccupied or damage control staff are not available).

1. Persons who must not drive the vehicle (unless authorised by us in writing);

a) a person who is not identified under “hirer and driver information” in the RA or in a credit card authority;

b) a person who does not hold a current unrestricted motor vehicle driver’s licence for the particular class of vehicle hired (learners permits and provisional licences are not acceptable);

c) 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;

d) a person who has given us or for whom you have given as a false name, age address, or drivers licence details;

e) a person whose drivers licence has been cancelled, endorsed or suspended within the last 3 years;

f) a person who is under the age of 21 years or over the age of 75 years.

2. The vehicle must not be used by you or by any authorised driver (unless authorised by us in writing);

a) outside the area of use being as far north as Cape Tribulation, as far south as Mission Beach and as far west as the Atherton Tablelands;

b) on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete), off road conditions include but is not limited to fire trails, beaches, sand, tracks, fields or paddocks;

c) to carry persons for hire or reward or to carry any inflammable, explosive or corrosive materials;

d) to propel or tow any vehicle or trailer;

e) to carry any greater load, number of persons or for 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;

f) to carry any animal or pet ($250 penalty applies)

g) for racing, pacemaking, reliability trials or hill climbing, or being tested in preparation for those purposes;

h) in contravention of any criminal legislation involving a penalty, or for any illegal purpose whatsoever;

I) if we have directed you or any authorised driver not to drive the vehicle.

1. The customer hereby authorises the owner to debit against the credit card provided when this agreement was signed (and the customer will pay on demand any balance of) the following charges, payable prior to or at the end of the hire period;

a) hire charges including any charges for any loss or damage;

b) any parking fines or any other penalties imposed on the owner in respect of the vehicle during the period the vehicle is hired by the customer;

c) any charges for roadside service deemed to be the customers fault;

d) any charges payable under this agreement;

e) manual credit card swipe is kept for 30 days to cover costs and admin fees associated with these terms and conditions;

2. The authorised contained herein is irrevocable and the owner is authorised to make the debit referred to above at any time after the return of the vehicle. The card holder forgoes the credit card providers ruling of individual charges imposed on the credit card especially in the case of visa. The card holder must seek restitution through the courts in the event there is a dispute & not the credit provider.

1. You agree to pay on demand all of the following charges up until return to or recovery by us of the vehicle (whether or not charges are detailed in the RA);

a) all charges at the rates described under “Rental Charges” in the RA. Daily rates apply to each consecutive 24 hr period commencing from check out time;

b) the loss and damage liability fee and the area of use liability fee in the RA;

c) the cost of repair or reinstatement of loss or damage where loss or damage cover offered by us does not apply;

d) where you breach any of your other obligations under this RA (without limiting any other right we have) such sum as is necessary to compensate us for loss or damage as determined by us acting reasonably;

e) all fines, penalties and other similar charges incurred plus our administration fee ($100) per event;

f) all applicable goods and services tax (GST) and any other government taxes or duties that may apply;

g) our charge for adding fuel to the vehicle up to the check out fuel reading, which will include a service charge;

h) the cost to us of recovering the vehicle in the circumstances described in clause 2(3);

I) where you fail to return any of the items described in clause 1(1)(b) in good condition- the cost to us of replacing the same;

j) final charges 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.

1. You hereby irrevocably and unconditionally authorise us to charge to your credit card and or to your account (as nominated respectively under “payment information” in the RA or in the credit card authority) all charges payable by you under this RA.

2. If you fail to make full payment of any charge due to us

3. You agree to pay us;

a) interest on all outstanding charges at a rate of 9% per annum, you agree that such interest is a genuine pre estimate of our damages, payments received will be credited firstly against any accrued interest;

b) our costs of recovering or attempting to recover from you outstanding charges including any mercantile agents costs, and legal costs on a full indemnity basis;

4. We shall be entitled to list your payment defaults with the credit reference association of Australia or other relevant credit reference organisations, which you acknowledge may affect your credit rating.

1. You will pay for the amount of any accidental loss or damage to our vehicle (including prior accident value or repair costs), our assessment fees, towing and storage fees, our legal and investigative expenses, our loss of rental revenue and our service charges. You will also pay for any amount which you are legally help liable to pay, as a result of an accident caused by your use of the vehicle, for loss or damage to property.

b) premium protection; if you choose premium protection you will be provided, a reduced liability ($385.00) and cover for any damage to windscreen and tyres.

1. This payment is subject to ;

a) you not being in breach of any terms or conditions contained in or implied by this RA;

b) your payment (in respect of each separate incident) regardless of cause/fault, of the loss or damage liability fee and where applicable, area of use liability fee in the RA;

2. 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 property or injury to any person;

3. You providing such information and assistance as may be requested by us and if necessary, authorising us to bring, defend or settle legal proceedings. However, we shall have sole conduct of any such proceedings;

4. You giving to us immediately every summons, complaint, demand or notice in relation to any loss or damage;

5. You submitting to any tests required by the police to determine the concentration of alcohol or drugs in your blood;

6. You not leaving or decamping an accident without providing full particulars to all relevant persons and authorities;

7. You not being covered under any policy of insurance covering the loss or damage in which case you will not be covered by us.

1. Damage not covered;

a) Damage or loss arising from theft, where the vehicle is left unlocked or unsecure or you have not kept the keys secure

b) damage or loss where the vehicle is totally or partially immersed in water regardless of cause;

c) damage or loss to the interior of the vehicle, which requires professional cleaning, deodorising or repair;

d) damage or loss to tyres, such as punctures, cuts, abrasions or to the windscreen such as chips, cracks and stars unless covered under the premium protection;

e) damage or loss to tyres caused by use on construction 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 vehicles front windscreen;

g) damage or loss caused to any part of the pantech or box section or convertible roof;

h) damage or loss caused to the under carriage of the vehicle or to any property arising from contact between the under carriage and any object, obstruction or road surface regardless of cause. The under carriage 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 and ramps or any other mechanical or structural item;

I) damage or loss to the tailgate lifter, ramps and associated equipment during usage of those items;

j) damage or loss caused 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;

k) damage or loss to the vehicle or third party property caused by you failing to secure properly any load or equipment

l) damage or loss caused to the vehicle or third party property by loading or unloading to or from the vehicle;

m) damage or loss to the vehicle deliberately caused by you or by you using the vehicle in a dangerous or reckless manner;

n) 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;

o) the cost of towing or salvage of the vehicle in or from a remote or sparsely populated area;

p) the cost of towing or salvage of the vehicle through the use of towing or roof racks;

q) 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;

r) damage or loss to any personal property owned by you (or any relative, associate, passenger or any person known to you) possession.

a) we reserve the right to refuse hire of another vehicle to you following any incident or accident or where you have breached a term of this RA;

b) 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;

c) 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;

d) to the fullest extent permitted by law, all terms, conditions, warranties which would otherwise be implied are hereby expressly excluded;

e) 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;

f) 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 such claim;

g) none of our rights under this RA may be waived except in writing by one of our officers;

h) words used in this RA and or noted RA include all genders and singular words include the plural;

I) 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;

j) references in all clauses to “you” , “your”, “customer” shall include the hirer and all authorised drivers in the RA

Where “you” are more than one person your obligations under this RA are joint and several. “Person” includes a company.

We are committed to protecting your privacy. We collect personal information in order to process any application or service you have requested as per our terms and conditions.