Interpreting your rental agreement
The Rental Agreement (“Rental Agreement parts A&B”) between Beyond South Pty Ltd and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (“Rental Document”), and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 as amended or replaced from time to time.
“Joint Renter” means an additional driver who is noted on the Rental Agreement as a Joint Renter.
“Collection Costs” means Beyond South Pty Ltd’s reasonable costs of collecting unpaid rental charges from You (including Beyond South Pty Ltd legal costs) and Beyond South Pty Ltd administration fee of $132.00 (incl GST) and its debt collection agents fee equal to 12% of the unpaid rental charges; “Excess Amount” means the amount shown as Excess Amount on the Rental Agreement.
“Excess reduction” means the product called Excess Reduction that You may purchase before the rental commences to reduce the excess amount payable; “Windscreen Cover” means the front windscreen and excludes any other window glass;
“Tyre Damage” means the tyre only and excludes the wheel or wheel trim and any other part of the undercarriage;
“Overhead Damage” means damage (excluding hail damage) to the vehicle above the top of the door seal or the top of the front and back windscreens, or damage to the third party property, caused by the vehicle coming into contact with anything overhanging or obstructing its path, objects being placed or carried on the roof of the vehicle, or You or any person standing or sitting on the roof of the vehicle;
“Tasmanian Campervan Hire” or “Beyond South” means Beyond South Pty Ltd ABN 86 123 741 590.
“Rental Charges” means the fees, costs, amounts and charges specified on the Rental Agreement.
“Rental Period” means the period commencing the date and time and ending the date and time shown in the Rental Agreement
“Vehicle” means the vehicle described on the Rental Agreement (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Beyond South Pty Ltd;
“You’ or “Your” refers to the person(s) with whom the Rental Agreement is made.
1.1 You agree, acknowledge and warrant that:
(a) only You or the Joint Renter will drive the Vehicle; and
(b) You and any Joint Renter are currently licensed to drive the Vehicle and have been so licensed to drive for a period of 2 years or longer (excluding any time under a learner’s permit or a provisional licence); and
(c) You and the Joint Renter are not under the age of 25 years; and
(d) You and the Joint Renter have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.
2.1 You or any Joint Renter must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road within the State of Tasmania.
2.2 You or any Joint Renter must not drive or take the Vehicle:
(a) in snow at anytime
(b) on a beach
(c) through streams, rivers, dams, water crossings
(d) through floodwaters or any road which is wholly or partially flooded or in a damaged or unsafe condition
(e) on the Western Explorer Road (C249) between Arthur River and Corinna
(f) outside any town or city limits between dusk and dawn where there is a risk of animal strike
3.1 You and any Joint Renter must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the state of Tasmania; (e) not allow the Vehicle to be used to carry passengers for payment or reward of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods or sporting equipment (including bicycles), other than personal luggage;
(h) not use the Vehicle to carry inflammable or corrosive substances (excluding those used for cooking on stoves fitted or supplied by Beyond South Pty Ltd); (i) not use the Vehicle in contravention of the law.
3.2 You must pay for any unauthorised repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period. 3.3 You and any Joint Renter must not carry any animal or pet in the Vehicle without permission from Beyond South Pty Ltd.
3.4 You and any Joint Renter must not drive the Vehicle if Beyond South has so directed You and any Joint Renter.
3.5 You and any Joint Renter must not smoke in the vehicle.
4.1 You and any Joint Renter must:
(a) maintain all of the vehicles engine oils and engine coolant levels and tyre pressure to the manufacturer’s specification, as set out in the operation manual or instructed by Beyond South Pty Ltd.
(b) Keep the Vehicle locked and the keys under You or any Joint Renter’s control at all times.
(c) Comply with any applicable seat belt and child restraint laws.
4.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless Beyond South Pty Ltd authorises You to do so. Beyond South Pty Ltd requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Beyond South Pty Ltd. Beyond South Pty Ltd will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified to the extent that Beyond South Pty Ltd cannot verify the cost of repairs, Beyond South Pty Ltd will not reimburse You.
4.3 You and Beyond South Pty Ltd acknowledge that the Vehicle is in an undamaged condition except as otherwise stated on the Rental Document.
5.1 Subject to this clause 5, and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or a Joint Renter; or
(ii) which arises from the use of the Vehicle by You or a Joint Renter.
This clause 5 does not apply to any damage or loss for which Beyond South Pty Ltd is liable to You under this Rental Agreement.
(any reference to the Vehicle include all of its parts, components, accessories and contents)
5.2 Subject to clause 5.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or a Joint Renter 5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage of any third party; (b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or a Joint Renter using, or permitting the Vehicle to be used, in any area prohibited by the Rental Agreement
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(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or driving with the pop top roof up or not correctly secured.
(f) the cost of repairing any underbody damage as a result of the Vehicle being driven off-road or on a beach;
(g) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle. (h) Under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer. (i) Under any circumstance where the Vehicle and its keys are unsecured.
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Beyond South Pty Ltd the amount which includes;
(a) the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser; (b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and any other administrative activities; and (e) a per day loss of use fee based on the estimated downtime of the Vehicle.
If the amount determined is Beyond South Pty Ltd and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, Beyond South Pty Ltd will refund the difference to You.
6.1 You must return the Vehicle to Beyond South Pty Ltd
(a) to the place, on the date and by the time due shown on the Rental Document (or sooner under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, in a clean and tidy condition, fair wear and tear excepted; (c) with a full tank of fuel
6.2 You must return the Vehicle to 105 Mornington Road Mornington during normal business hours. If You return the Vehicle later than the time shown on the Rental Document, You must pay all additional rental charges.
6.3 If You return the Vehicle on a date, or at a time, or place other than that shown on the Rental Document, You must pay Beyond South Pty Ltd the standard daily rate for the Vehicle and any recovery or retrieval costs for the Vehicle.
6.4 Beyond South Pty Ltd may request the immediate return of the Vehicle, or Beyond South Pty Ltd may re-take possession of the Vehicle without notice, if Beyond South Pty Ltd reasonable suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to occur; or
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay Beyond South Pty Ltd any cost is incurs as well as all costs and charges under the Rental Agreement for the period up to return or repossession of the Vehicle.
6.5 Beyond South Pty Ltd reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
7.1 Where the use of the Vehicle by You, a Joint Renter or any other person in an accident or claim, or where damage or loss is sustained to the vehicle or any third party property, You and/or a Joint Renter must:
(a) promptly report such incident to the local police;
(b) promptly report such incident to Beyond South Pty Ltd;
(c) not, without Beyond South Pty Ltd’s written consent, make or give any offer, promise, settlement, waiver, release, indemnity or admission of liability; (d) permit Beyond South Pty Ltd or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name; (e) complete and furnish to Beyond South Pty Ltd within a reasonable time any statement, information or assistance which Beyond South Pty Ltd or its insurer may reasonably require, including attending a lawyer’s office and at Court to give evidence.
8.1 All rental payments are to be paid in advance;
8.2 At the end of the Rental Period, You must pay Beyond South Pty Ltd on demand:
(a) any amount paid or payable by Beyond South Pty Ltd or You to any person arising out of Your use of the Vehicle or imposed on You or Beyond South Pty Ltd by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(b) any amount for which You are liable to Beyond South Pty Ltd under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise 8.3 You authorise Beyond South Pty Ltd to charge all monies payable to Beyond South Pty Ltd under the Rental Agreement to Your credit card or charge account. 8.4 Beyond South Pty Ltd will pay any refund due to You by such method as Beyond South Pty Ltd may reasonably choose.
9.1 Unless it is negligent, Beyond South Pty Ltd is not liable to any person, and You indemnify Beyond South Pty Ltd, for any loss of, or damage to, any property: (a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to Beyond South Pty Ltd.
All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
Your consumer rights are not excluded, modified, or restricted by this Rental Agreement. You can find out more about your consumer rights from consumer organisations and bodies such as Australian Competition and Consumer Commission and State or Territory fair trading authorities.
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement. 11.2 You may terminate the Rental Agreement at any time for any other reason.
11.3 If the Rental Agreement is terminated early for any other reason than a breach by Beyond South Pty Ltd, no portion of the amount paid is refundable.
12.1 The Rental Agreement contains the whole agreement between parties.
12.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any breach or default. 12.3 The agreement is governed by the law of the State of Tasmania.
13.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and government body.
13.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.