Things you should know
- Excess $1500
- Hire limited to drivers with a valid driver’s licence and at least 12 months driving experience, aged between 25 – 75 years old
- Driving on country roads at night, other than between Kuranda, Cairns and Port Douglas renders your contract void. Vehicles are limited to within 200 kilometres from the Cairns GPO .
- Vehicles for use on sealed roads only
- When you collect your vehicle, we hold a $500 bond on your credit card, which is returned at the end of the hire, less any expenses that may be incurred
- Vehicles to be returned with a full tank
- Cancellations with less than 7 days’ notice incur a 100%. cancellation fee If your vehicle is rebooked, you receive a 100% refund less a $50 handling fee. Lock down related cancellations, zero fee. We don’t need to make money from someone else’s misfortune
- Our office hours are 7 days a week
- *Excess reduction does not cover damage to roof or undercarriage.
You are responsible for any and all costs associated with:
(a) a flat battery because the lights or entertainment system have been left on
(b) flat tyres or tyre changing
(c) lost keys or remote-control device
(d) keys or remote-control device locked in the Vehicle.
A fee of $150 will apply if any of these services are provided. You are responsible for and must pay for any Damage.
Palm Cove Rent a Car
ABN 24 464 547 510
Rental Terms and Conditions
1
Introduction
1.1
Rental Contract
Your contract to hire a Vehicle from Palm Cove Rent a Car (Rental Contract) consists of:
(a)
the agreement (Rental Agreement) You have signed to hire the Vehicle from Us; and
(b)
these rental Terms and Conditions (Terms and Conditions).
1.2
Jurisdiction
The Rental Contract is governed by the laws of Queensland and You agree
that courts in that state have non-exclusive jurisdiction to determine any
dispute that arises between You and Us.
1.3
Australian Consumer
Law
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 those laws or any other Federal, State or Territory legislation.
1.4
Electronic signatures
We may use electronic signatures as a means of entry into the Rental
Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.
2
Who may drive the Vehicle?
IMPORTANT NOTICE
A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 11 for further details.
2.1
Authorised Drivers
Only You or an Authorised Driver can drive the Vehicle.
Allowing anyone who is not an Authorised Driver to drive constitutes a Major
Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.
2.2
Age limits
There is a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at least 25 and not over 75
years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.
2.3
Licence requirements
(a)
You and any Authorised Driver must also have a valid licence to drive the Vehicle which is:
(i)
issued in an Australian state or territory or an
international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);
(ii)
appropriate for the class of the Vehicle; and \(iii)
not subject to any restriction or condition.
(b)
Learner drivers and provisional and probationary licence
holders are not acceptable and must not drive the Vehicle.
2.4
Cancelled and suspended licences
The Vehicle must not be driven:
(a)
whilst Your driver’s licence is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b)
if Your licence has been cancelled or suspended, within 2 years of the date of the Rental Agreement.
2.5
False information
The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading
name, age, address or driver’s licence.
3
Prohibited Use
IMPORTANT
NOTICE
A breach of any part of this clause 3 is a Major
Breach of the Rental Contract. See clause 11 for further
details.
3.1
The Vehicle must
not be driven by You or any Authorised Driver:
(a)
whilst intoxicated or under the influence of drugs or
alcohol or with a blood alcohol content or level of drugs present in blood,
urine or oral fluid that exceeds the limit set by law;
(b)
recklessly or dangerously; or
(c)
whilst there is Damage to the Vehicle or it is
unroadworthy or unsafe.
3.2
You and any Authorised Driver must not:
(a)
fail or refuse to undergo any breath, blood, urine or
oral fluid test or drug impairment assessment;
(b)
use the Vehicle:
(i)
for any illegal purpose;
(ii)
to move dangerous, hazardous, biohazardous, infectious, inflammable
goods or substances that pollute or contaminate, in quantities above that used
for domestic purposes;
(iii)
to propel or tow another vehicle or a trailer;
(iv)
to carry or transport illegal drugs or substances; or
(v)
in connection with the motor trade for experiments,
tests, trials or demonstration purposes; or
(c)
use a mobile phone:
(i)
to make or receive a phone call, perform any audio
function or as a navigational device, unless
the Vehicle is stationary and the body of the phone is secured in a mounting
affixed to the Vehicle and its use does not require manual operation of the
phone; or
(ii)
to send a text message, video message, email or similar
communication unless the Vehicle is
parked.
3.3
You and any Authorised Driver must not:
(a)
damage the Vehicle deliberately or recklessly or allow
anyone else to do so;
(b)
modify the Vehicle in any way;
(c)
sell, rent, lease or dispose of the Vehicle; or
(d)
register or claim to be entitled to register any interest
in the Vehicle under the Personal Property Securities Act 2009.
3.4
You and any Authorised Driver must not use the Vehicle to carry:
(a)
passengers for hire, fare or reward or for rideshare
purposes;
(b)
more than the number of passengers for which the Vehicle
is licenced; or
(c)
any load that exceeds the limits for which the Vehicle
was designed, constructed, registered or licenced.
4
Prohibited areas of use
IMPORTANT NOTICE
A breach of
any part of this clause 4
is a Major Breach of the Rental Contract. See clause 11
for further details.
4.1
The Vehicle must
never be driven:
(a)
on an Unsealed Road;
(b)
Off Road;
(c)
in any area where snow has fallen or is likely to fall;
or
(d)
on country roads, being roads that are outside urban
areas and where street lighting is not installed, between sunset and sunrise,
excluding the Cairns to Port Douglas and Cairns to Kuranda roads.
4.2
The Vehicle must
not be used in any area that is prohibited by Us. Prohibited areas include:
(a)
roads that are prone to flooding or are flooded;
(b)
beaches, sand dunes, streams, rivers, creeks, dams and
floodwaters;
(c)
any road where the police or an authority has issued a
warning;
(d)
any road that is closed; and
(e)
any road where it would be unsafe to drive the Vehicle.
4.3
The Vehicle must
never be driven or used:
(a) outside a radius of 200 kilometres from the Cairns GPO; (b) outside the state of Queensland; or (c) onto any island that is off mainland Australia, unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.
5
Your obligations
IMPORTANT
NOTICE
A breach of any of sub-clauses 5.5, 5.6, 5.7, 5.8 or 5.10 is a Major
Breach of the Rental Contract. See clause 11 for further
details.
5.1
Start of the Rental
At the Start of the Rental and before collecting the
Vehicle You must:
(a)
present Your driver’s licence and that of any Authorised
Driver and permit copies of the drivers’ licences to be made and kept by Us;
(b)
present Your passport if You are not an Australian citizen;
(c)
fully inspect the Vehicle to ensure that the condition of the Vehicle
and any pre-existing damage is accurately noted and shown in the Rental
Agreement and if there is any discrepancy You must notify Us prior to leaving the Rental Station; and
(d)
pay the anticipated Rental Charges and the Security Bond
of $500.
5.2
Security Bond
The Security Bond will
be retained by Us as a security for the performance of any of Your obligations
and liabilities under the Rental Contract and is fully refundable to You ten
(10) business days after the End of the Rental provided that:
(a)
all amounts due to Us under the Rental Contract have been
paid, including toll road charges and refuelling costs;
(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 (except for reasonable wear and tear) or
Third Party Loss;
(d)
the exterior and interior of the Vehicle are clean;
(e)
the Vehicle has a full tank of fuel; and
(f)
there has not been a Major Breach of the Rental Contract,
We reserve the right to retain all or part of the Security Bond if there
is a breach of any of these conditions.
5.3
During Your rental
(a)
You must:
(i)
inspect the Vehicle daily for oil, water and
fuel leaks, Damage and check tyre pressure; and
(ii)
adhere to any mileage instructions displayed
in the Vehicle or set by the Rental Station.
(b)
You must
not:
(i)
use the Vehicle for transporting any pets or
animals, except assistance animals, unless
specifically approved by Us;
(ii)
smoke in the Vehicle and You must take reasonable steps to prevent
passengers from doing so. It is an offence in some Australian states to smoke
in a vehicle where there are passengers of less than 18 years of age; or
(iii)
use the Vehicle to move infectious,
biohazardous or biomedical waste, unless
specifically approved by Us.
Additional
cleaning, disinfection and deodorising charges will apply.
5.4
Seat belts and restraints
You must comply with all
mandatory:
(a)
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; and
(b)
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 properly adjusted
and fastened.
5.5
Vehicle to be locked
and keys kept in Your possession
You and any Authorised
Driver must make sure that the
Vehicle is locked when not in use or unattended and the keys or remote control
device must be kept in Your
possession, or that of any Authorised Driver, at all times and never left in
the ignition when the Vehicle is unattended.
5.6
Reasonable care
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a)
preventing it from being damaged;
(b)
making sure that it is protected from the weather;
(c)
maintaining the engine and brake oils and coolant level
and tyre pressures;
(d)
using the correct fuel type; and
(e)
making sure it is not overloaded.
5.7
Notification of Vehicle fault
You must inform Us immediately if:
(a)
a warning light or fault message
appears;
(b)
You see or become aware of low engine
or brake oils, or engine coolant levels; or
(c)
the Vehicle develops any fault during
the Rental Period.
If You fail to
notify Us and continue to use the Vehicle You will be responsible for any
Damage or Third Party Loss.
5.8
Repair without
authority prohibited
You must not let anyone else repair or work
on the Vehicle or tow or salvage it without Our prior written authority to do
so.
5.9
Repair with authority
Where We have given You Our prior authority to repair the
Vehicle 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 Major Breach of
the Rental Contract.
5.10
Staying with the Vehicle
after an Accident
You must not
leave the Vehicle unattended following an Accident and before the arrival of a
tow or salvage operator.
6
Rental
Period, costs and charges
6.1
Your Rental
Your rental of the Vehicle from Us is for the Rental Period
and at the rate shown in the Rental Agreement.
6.2
Extending the Rental Period
(a)
We understand that circumstances change and
that You may require the Vehicle for longer than the Rental Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
(b)
If You fail to notify Us at least 24 hours
before the expiration of the Rental Period that You require an extension, and
fail to return the Vehicle on the scheduled date and at the time shown in the
Rental Agreement, We may:
(i)
terminate the Rental Contract; and
(ii)
if the location of the Vehicle is known, recover it
by lawful means or if it is unknown, after making reasonable attempts to
contact You, report the Vehicle as stolen to the Police.
6.3
Cancellation and ‘No Show’
(a)
You will be
charged the Rental Charges for the Rental Period as booked
if:
(i)
Your booking is cancelled within 24 hours prior to
the Start of the Rental; or
(ii)
You fail to notify Us of Your intended cancellation
prior to the Start of the Rental and fail to pick up the Vehicle,
unless We are able to rent the
Vehicle to another renter for an equivalent term and rate.
(b)
A cancellation is not effective until
acknowledged and confirmed by Us.
6.4
Tolls, fines and
infringements
(a)
You and any Authorised Driver must pay all tolls, speeding and traffic
fines and infringements as well as any fines or charges imposed for parking or
using the Vehicle or release of the Vehicle if it has been seized by a
regulatory authority.
(b)
An administrative fee applies if We are required to nominate You as the
responsible driver if any toll, fine or infringement is unpaid.
6.5
Daily kilometre limit
A daily limit of 200 kilometres applies unless You have Our prior written
approval to have this limit waived and it is noted on the Rental Agreement. For each
day You exceed that limit (calculated over the Rental Period) You will incur an additional fee of twenty five cents (25c) per
kilometre.
6.6
Return of the Vehicle
(a)
You must return
the Vehicle:
(i)
to the Rental Station or to a location as
otherwise agreed and noted on the Rental Agreement;
(ii)
on the date and by the time shown in the
Rental Agreement;
(iii)
in a reasonable state of cleanliness;
(iv)
in the same mechanical condition it was in at
the Start of the Rental, fair wear and tear excepted; and
(v)
with a full tank of fuel.
(b)
If You return the Vehicle:
(i)
with less than a full tank of fuel a
refuelling charge of $55 (including GST) plus the cost of the fuel, will apply;
(ii)
earlier than the date shown in the Rental
Agreement there is no entitlement to a refund;
(iii)
more than one hour after the date and time
set for its return in the Rental Agreement, We will charge You $25 per hour up
to one full day’s rental and a further full day’s rental at the standard rate
for each 24 hour period or part thereof until the Vehicle is returned to
Us; or
(iv)
at any time outside Our normal business hours
You must pay for the daily Rental
Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after
business hours drop off and it is shown on the Rental Agreement.
6.7
Post rental inspection
procedure
(a)
We will take reasonable steps to conduct a post rental inspection in
Your presence.
(b)
If You do not wish to wait for the full inspection, We will use
reasonable endeavours to conduct the inspection within four (4) business hours
and if Damage is detected, We will notify You as soon as it is reasonably
practical to do so.
6.8
End of the Rental
At the End of the
Rental You must pay:
(a)
the balance of the Rental Charges, including any charges
for excess kilometres (if any);
(b)
the Damage Excess if there is Damage or Third Party Loss
as a result of an Accident or the Vehicle is stolen;
(c)
any costs We incur, including:
(i)
refuelling costs; and
(ii)
extra cleaning costs;
(d)
for all Damage arising from a Major Breach of the Rental
Contract;
(e)
for all Overhead Damage;
(f)
for all Underbody Damage; and
(g)
for any Damage caused by the immersion of the Vehicle in
water.
6.9
Credit card authority
Subject to these Terms and Conditions, if any
amount is due to Us or remains unpaid, including:
(a)
the Rental Charges;
(b)
tolls;
(c)
speeding and traffic fines and infringements;
(d)
fines or charges imposed for parking;
(e)
extra cleaning costs
(f)
refuelling costs; or
(g)
the Damage Excess.
You authorise Us to debit Your credit card with that amount within a
reasonable time after the End of the Rental.
6.10
Default in payment
If You default in the payment of any
moneys owed to Us under the Rental Contract:
(a)
You must pay
Us interest on that overdue amount calculated at the rate of 10% per annum and
starting 7 days after the date that overdue amount became payable to Us and
ending on the date of payment of all amounts due;
(b)
We may engage a mercantile agent or debt collector and
You must 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; and
(c)
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.
7
Damage Cover
7.1
Damage Excess
(a)
Standard Damage Cover is included in the Rental
Charges.
(b)
Subject to these Terms and Conditions, We will indemnify
You and any Authorised Driver for any Damage to the Vehicle, its theft and
Third Party Loss but You must pay up
to the Damage Excess shown on the Rental Agreement for each Accident or theft claim
unless:
(i)
We agree You were not at fault; and
(ii)
the other party was insured and their insurance company accepts
liability.
7.2
When is the Damage Excess
payable?
Unless You have expressly
authorised a charge to Your credit card at an earlier time an amount up to, but
not exceeding, the Damage Excess will be charged to Your credit card:
(a)
for single vehicle Accidents, after a repairer’s estimate or tax invoice
verifying the amount charged for Damage has been sent to You;
(b)
if the Vehicle has been stolen, after We have made reasonable enquiries
and in Our opinion it is unlikely the Vehicle will be recovered; and
(c)
for Accidents in which there is also Third Party Loss, after We have
made an estimate of Your total liability. Supporting documents and particulars
of the claim for Third Party Loss will be forwarded to You as soon as
practicable.
7.3
Claims Administration fee
All Accident, attempted theft and
theft claims will incur a claims administration fee of $100 in addition to the
Damage Excess liability. This fee is to compensate Us for the labour and
associated costs with processing Your claim.
8
Damage Cover Exclusions
8.1
Even if You have paid the Damage Excess, there is no
Damage Cover, and You and any Authorised Driver are liable for:
(a)
Damage or Third Party Loss arising from:
(i)
a Major Breach of the Rental Contract; or
(ii)
the use of the Vehicle by any driver who is not an
Authorised Driver or who is less than 25 or more than 75 years of age;
(b)
Overhead Damage;
(c)
Underbody Damage;
(d)
Damage caused by:
(i)
immersion of the Vehicle in water; or
(ii)
use of the incorrect fuel type; and
(e)
damage to the tyres of the Vehicle, other than by normal
wear and tear.
8.2
There is also no Damage Cover for:
(a)
the full cost of replacing or repairing any accessories
supplied by Us including, but not limited to GPS units, lost keys, keyless start
and remote control devices; or
(b)
personal items that are left in or stolen from the
Vehicle or for loss or damage to property belonging to or in the custody of:
(i)
You;
(ii)
Your relative, friend or associate who ordinarily
resides with You or with whom You ordinarily reside;
(iii)
any relative, friend or associate of an
Authorised Driver; or
(iv)
Your employees.
9
Accidents or breakdowns
9.1
We will provide You with a Vehicle that is of acceptable
quality and in good working condition taking into account the age of the
Vehicle but breakdowns do occur. Twenty four hour roadside assistance is
provided free of charge for breakdowns (but not for Accidents) and if the
Vehicle breaks down during the Rental Period You must contact Us on 0475 602 585 to arrange
assistance. We will recover and repair
the Vehicle as soon as possible but if it cannot be repaired We will use Our
best endeavours to provide a replacement Vehicle where one is available.
9.2
We are not responsible for:
(a)
a flat battery because the lights or entertainment system
have been left on;
(b)
tyre changing;
(c)
lost keys or remote control device; or
(d)
keys or remote control device locked in the Vehicle.
Extra charges will apply if any of these services are provided at Your
request and You are responsible for and must
pay for any Damage caused.
9.3
Subject to the Australian Consumer Law, We are not
responsible for:
(a)
flights You have missed;
(b)
holiday plans that are disrupted;
(c)
loss or inconvenience caused by natural
disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or
pandemics;
(d)
loss of enjoyment; or
(e)
consequential or economic loss.
10
Accident and theft reporting
IMPORTANT
NOTICE
A
breach of any part of this clause 10 is a Major Breach of the Rental Contract. See
clause 11 for further details.
10.1
If You or an Authorised Driver has an Accident or if the
Vehicle is stolen You must report
the Accident or theft to Us as soon as practicable but in no case more than 24
hours of it occurring and fully complete an Accident/Theft report form.
10.2
If the Vehicle is stolen or if You or an Authorised
Driver of the Vehicle has an Accident where:
(a)
any person is injured;
(b)
the other party has failed to stop or leaves the scene of
the Accident without exchanging names and addresses; or
(c)
the other party appears to be under the influence of
drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident
to the Police.
10.3
If You or an Authorised Driver have an Accident You and
the Authorised Driver must:
(a)
exchange names and addresses, phone numbers and email
addresses with the other driver;
(b)
take a photo of the other driver’s licence;
(c)
take the registration numbers of all vehicles involved;
(d)
take as many photos as is reasonable showing:
(i)
the position of the Vehicles before they are moved for
towing or salvage;
(ii)
the Damage to the Vehicle;
(iii)
the damage to any third party vehicle or property; and
(iv)
the general area where the Accident occurred, including
any road or traffic signs;
(e)
obtain the names, addresses, phone numbers and email
addresses of all witnesses;
(f)
forward all third party correspondence or court documents
to Us within 7 days of receipt; and
(g)
co-operate with Us in the prosecution of any legal
proceedings that We may institute or defence of any legal proceedings which may
be instituted against You or Us as a result of an Accident, including attending:
(i)
Our lawyer’s office; or
(ii)
any Court hearing.
10.4
You and an Authorised Driver must not:
(a)
make any admission of fault;
(b)
promise to pay any claim for Third Party Loss; or
(c)
release the other party from any liability to pay for
Damage as a result of an Accident, theft of attempted theft.
11
Consequences of a Major Breach of the Rental Contract
11.1
No Damage Cover
If You or any
Authorised Driver:
(a)
commit a Major Breach of the Rental Contract in a way
that causes Damage, theft of the Vehicle or Third Party Loss; or
(b)
drive the Vehicle in a reckless manner so that a
substantial breach of road safety legislation, has occurred,
You and
any Authorised Driver:
(i)
have no Damage Cover;
(ii)
are liable for all Damage, theft of the Vehicle and Third
Party Loss; and
(iii)
are liable for and must
pay any additional costs or expenses We incur as a direct consequence.
11.2
Termination and
repossession
Acting reasonably, We may terminate the Rental Contract and take
immediate possession of the Vehicle if a breach of any part of sub-clause 11.1 has occurred.
12
Privacy
12.1
Personal Information
(a)
We are committed to respecting privacy and will not
collect, use or disclose Your personal information where doing so would be
contrary to law.
(b)
When We collect Your personal information We will do so only
for the purpose of providing rental services to You. If You choose not to
provide this information to Us We may not be able to provide those rental services
to You.
(c)
We take reasonable steps to make sure Your personal
information is accurate, up to date and complete and that it is protected from misuse,
loss or unauthorised access, modification or disclosure.
12.2
Tracking Device
A Tracking Device may
be fitted to the Vehicle to enable Us to track the Vehicle when it is out of
Our possession. When You sign the Rental
Agreement You are authorising Us to use the Tracking Device to track the
Vehicle and record other data relating to its use, until it is returned to Us.
13
Definitions and interpretation
13.1
Definitions
In these Terms and Conditions:
Accident means an unintended and
unforeseen incident, including:
(a)
a collision between the Vehicle and another vehicle or
object, including animals and roadside infrastructure;
(b)
rollovers; and
(c)
weather events, including hail Damage,
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Vehicle
who is approved by Us and who is recorded on the Rental Agreement prior to the
Start of the Rental.
Damage means:
(a)
any loss or damage to the Vehicle including its parts,
components and accessories, including the GPS unit, that is not fair wear and tear;
(b)
towing and salvage costs;
(c)
assessing fees; and
(d)
Loss of Use,
and for the removal of doubt, any Damage to the windscreen, headlights,
lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Cover means the cover You and an
Authorised Driver have for Damage, theft, attempted theft and Third Party Loss
under clause 7, subject to the Damage Cover
Exclusions in clause 8.
Damage Excess means the amount, including GST,
up to which You must pay Us in the
event of an Accident or attempted theft that causes Damage or Third Party Loss
or the Vehicle has been stolen and not recovered.
End of the Rental means the date and time shown in
the Rental Agreement or the date and time the Vehicle is returned to Us,
whichever is the later.
Loss of Use means Our loss calculated on a
daily basis at the daily rate shown in the Rental Agreement because the Vehicle
is being repaired or replaced if it is written off as a result of an Accident
or it has been stolen.
Major Breach means a breach of any of the following:
(a)
clauses 2 (all parts); 3 (all parts); 4 (all parts); sub-clauses
5.5, 5.6, 5.7, 5.8, or 5.10 that causes Damage,
theft of the Vehicle or Third Party Loss; or
(b)
clause 10 (all parts) that
prevents Us from properly investigating a claim arising from an Accident or
theft or from prosecuting or defending any Accident or theft claim.
Off Road means an area, surface or terrain that is not a sealed
or Unsealed Road and includes but is not limited to unformed roads, fire
trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams,
rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead
Damage means:
(a)
Damage to the Vehicle; or
(b)
Third Party Loss,
caused by:
(i)
contact between the part of the Vehicle that is at or
above the level of the top of the front windscreen with objects overhanging or
obstructing its path;
(ii)
objects being placed on the roof of the Vehicle; or
(iii)
You or any person standing or sitting on the roof of the
Vehicle.
Palm Cove Rent a Car,
We, Us, Our, means Tracey Vince & William Zammit trading as Palm Cove Rent a Car
ABN 24 464 547 510.
Rental Charges means the charges payable for
renting the Vehicle from Us together with GST and any other taxes or levies
which are all fully set out in the Rental Agreement.
Rental Period means the period commencing at
the time shown in the Rental Agreement and concluding at the End of the Rental.
Rental Station means the
location from which the Vehicle is rented, as shown on the Rental Agreement.
Security Bond means the amount shown on the
Rental Agreement We collect from You at the Start of the Rental as security for
the Rental Charges and other fees and charges incurred during Your rental and the
amount is fully refundable subject to sub-clause 5.2.
Start of the Rental means the date and time that the
rental commences as shown in the Rental Agreement.
Third Party Loss means loss or damage to third
party property, including other motor vehicles and any claim for third party
loss of income.
Tracking Device means a GPS or other device that
is fitted to the Vehicle that has electronic tracking capabilities to determine
its location and other data including speed, braking and fuel levels.
Underbody Damage means any damage to the Vehicle
caused by or resulting from contact between the underside of the Vehicle and
any part of the roadway or any object or obstruction, including kerbs, gutters,
speed or road humps, barriers or wheel stops and does not arise as a result of
an impact with another vehicle.
Unsealed Road means a road, other than a road
that is undergoing temporary roadworks, that has been formed and constructed
but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in
the Rental Agreement and includes its parts, components and accessories,
including the GPS unit.
You, Your means the person, whether it is
an individual, a firm or company or government agency that rents the Vehicle
from Us and whose name is shown in the Rental Agreement.
In these Terms and Conditions, unless
the context otherwise requires:
(a)
headings are for convenience only and do not form part of
the Terms and Conditions or affect their interpretation; and
(b)
where You comprises two or more persons each is bound
jointly and severally.
