The parties agree that the hire details and the principal charges for the Rental Vehicle at
the time of collection of the Rental Vehicle are as set out in the Hire Form.
2. Delivery Inspection Report
a. You agree that the Rental Vehicle is in an undamaged condition save as otherwise
acknowledged by You and ORENT on the Delivery Inspection Report. It is Your
responsibility to check the condition of the Rental Vehicle when You collect it, and
You agree to return the Rental Vehicle in the same condition it was in when You
collected it.
b. You agree that OZRENT’S depiction of damage and of the other details of the Rental
Vehicle at the time of collection are as set out in the Delivery Inspection Report.
3. General
a. You agree that it is Your responsibility to ensure that You and any Additional Driver
hold a current driver's licence (that is not a learner's permit) which is valid for
the Rental Vehicle and the likely duration of the Hire Period.
b. You agree to provide the driver's licence of each Additional Driver to OZRENT before
they drive the Rental Vehicle.
c. You agree that You will notify OZRENT immediately if You or an Additional Driver are
disqualified from driving or have your driver's licence suspended, endorsed or
cancelled.
d. You warrant that neither You nor any Additional Driver:
i. have had motor vehicle insurance declined, a motor vehicle insurance policy
cancelled or had special conditions applied by any motor vehicle insurer in the
last 5 years;
ii. (have been convicted of an alcohol or drug-related traffic offence, been
disqualified from driving or had a driver's licence suspended, endorsed or
cancelled in the last 5 years; or
iii. (isuffer from a physical or mental condition or impairment that may
interfere with your ability to control and drive the Rental Vehicle.
e. You warrant that You and any Additional Driver are at least 21 years of age and that
no person under the age of 21 will drive the Rental Vehicle unless authorised in
writing by OZRENT.
f. You agree that You must not attempt to transfer or sublease the Rental Vehicle or any
rights or obligations under this Agreement. Any attempted transfer or sublease of the
Rental Vehicle by anyone other than OZRENT is void.
g. Neither You nor any Additional Driver are (or shall be deemed to be) an agent, servant
or employee of OZRENT for any reason or purpose.
4. Credit Card Payment Authority
a. You warrant that You (whether alone or with another person or other people) own the
credit or debit card provided to OZRENT and that You will be responsible for all
amounts charged to that card.
b. You hereby irrevocably and unconditionally authorise OZRENT to charge that card for
all amounts payable by You under this Agreement.
c. Where the card is not in Your name, You warrant that You are authorised to permit
OZRENT to charge it for all amounts payable by You under this Agreement.
d. If You dispute any amount charged, then You must contact OZRENT within 21 days of
receiving notice of the charge. OZRENT will deal promptly with any dispute and, if it
reasonably considers that any amount should be refunded to You, it will promptly
credit that amount to the card supplied. If You are dissatisfied with any
determination made by OZRENT in this respect, You are required to have Your grievance
dealt with pursuant to the dispute resolution process in clause 27.
e. Your card may be so charged for up to 180 days following the return of the Rental
Vehicle, notwithstanding it could have been charged when the Rental Vehicle was
returned.
f. We may charge an amount to Your credit or debit card to confirm it is valid and that
You are the card owner. Once the card is confirmed, we will immediately refund the
card. Depending on Your card issuer, it can take up to 30 days for the refund to
appear on your card statement.
5. Returning Vehicle and Repossession
a. You agree to immediately return the Rental Vehicle to OZRENT to the Return Location at
the end of the Hire Period.
b. You remain bound by the terms of this Agreement until OZRENT has inspected and
accepted the return of the Rental Vehicle during Business Hours.
c. If You do not return the Rental Vehicle when required by this Agreement, then
following an oral demand or a written demand under clause 22 that You return it,
OZRENT may take steps to repossess the Rental Vehicle where and when it is found. You
authorise OZRENT to enter any premises owned or occupied by You or, where necessary,
You agree to make all reasonable efforts to obtain the right for OZRENT to enter any
premises in order to repossess the Rental Vehicle.
d. If the Rental Vehicle is found illegally parked, apparently abandoned or is being used
in a manner prohibited under this Agreement, then OZRENT may, after making reasonable
attempts to contact You, recover the Rental Vehicle without making a demand. To the
extent permitted by law, You waive any right to any hearing or to receive any notice
or legal process as a precondition to OZRENT recovering the Rental Vehicle in
accordance with this clause.
e. You must reimburse OZRENT for its reasonable costs of repossessing the Rental Vehicle.
f. Except to the extent that OZRENT is at fault, You indemnify OZRENT against any Claim
made by any third party, resulting from OZRENT’S repossession of the Rental Vehicle.
6. Maintenance and Safety
a. You and any Additional Driver must keep the Rental Vehicle locked with all windows
closed and the keys under Your personal control, when not in use.
b. You and any Additional Driver must comply with all applicable road safety laws and
regulations.
c. You acknowledge that You are responsible for maintaining the Rental Vehicle in a
roadworthy condition for the duration of the Hire Period or otherwise whilst the
Rental Vehicle is in Your possession, custody or control. If You are advised by OZRENT
that the likely Hire Period will span the normal maintenance intervals for the Rental
Vehicle, then it is Your responsibility to return the Rental Vehicle to OZRENT on any
date specified for a changeover to a replacement vehicle.
d. You must ensure that the tyre pressures are maintained at the levels indicated on the
door jam or pillar of the Rental Vehicle.
e. If the Hire Period continues for more than 30 days, then You agree to check the amount
of engine oil, AdBlue, coolant, and brake fluid in the Rental Vehicle at appropriate
intervals and maintain them at normal levels.
f. You agree that You will, as soon as practicable, stop driving and park the Rental
Vehicle where safe to do so and contact OZRENT if:
i. the Rental Vehicle is damaged in any way;
ii. the Rental Vehicle breaks down;
iii. You become aware of a fault in the Rental Vehicle; or
iv. upon any warning lights or messages becoming illuminated or displayed in the
Rental Vehicle, and not recommence driving the Rental Vehicle unless authorised
to do so by OZRENT.
g. You agree that:
i. You will not arrange for the Rental Vehicle to be moved, make any repairs to
the Rental Vehicle or undertake any maintenance unless authorised in writing by
OZRENT or in the case of an emergency where OZRENT’S authorisation cannot
reasonably be obtained, and subject to Your obligations under clauses 6(b),
(c), (d), (e) and (f);
ii. You are liable for any unauthorised towing, repair or maintenance costs
incurred by You and You agree to indemnify OZRENT against any Claim made by any
third party in respect of those costs and to pay to OZRENT the cost associated
with any remedial works deemed necessary by OZRENT to rectify any unauthorised
work; and
iii. OZRENT will not reimburse You for any towing, repair or maintenance costs
it has authorised, unless You produce such receipts and other information or
documents OZRENT may reasonably require.
7. Hire Charges
Subject to clauses 15 to 20, You agree to pay to OZRENT the following Hire Charges.
a. Daily Hire Charges
The daily rate noted on the Hire Form for each Hire Day. The minimum charge will be
the daily rate for one Hire Day unless otherwise stated in the Hire Form.
b. Delivery and Pickup Fee
A charge noted on the Hire Form for delivering the Rental Vehicle to and/or collecting
the Rental Vehicle from any location as requested by You.
c. Location Fee
A charge of up to $150.00 where You return the Rental Vehicle to a location other than
the Return Location.
d. Accident Excess Reduction (AER)
The amount for an optional Accident Excess Reduction (AER) as accepted by You and
noted on the Hire Form, calculated for each Hire Day.
e. Underage Accident Excess Reduction (UAER)
The amount for an optional Underage Accident Excess Reduction (UAER) as accepted by
You and noted on the Hire Form, calculated for each Hire Day.
f. Provisional Driver Fee
A daily charge noted on the Hire Form if You or an Additional Driver is the holder of
a provisional licence.
g. Vehicle Registration Recovery (VRR) Fee
A charge noted on the Hire Form in respect of operating costs including, but not
limited to, vehicle registration, compulsory third-party insurance, stamp duty on
vehicle purchases and transport accident charges.
h. Excess Kilometre Charge
A charge noted on the Hire Form for each kilometre driven in excess of the kilometre
allowance of 100km per day, averaged over the duration of the Hire Period.
i. After Hours Fee
A charge noted on the Hire Form for delivering and/or collecting the Rental Vehicle
outside Business Hours.
j. Administration Fee
The percentage rate noted on the Hire Form in relation to administration functions
undertaken in respect of the hire of the Rental Vehicle.
8. Additional Charges
You agree to pay to OZRENT the following Additional Charges.
a. Fuel Charges
A charge to refuel the Rental Vehicle at the per litre rate noted on the Hire Form
where You fail to return the Rental Vehicle with the same level of fuel as recorded on
the Hire Form.
The Fuel Charge will be calculated as follows: Missing fuel level (either 100%, 75%,
50% or 25%) x fuel tank size x per litre rate noted on the Hire Form.
b. Surcharges
A charge of 1.5%, or such higher percentage as set by OZRENT’S financial institution,
for any amount charged to Your credit or debit card.
c. Breakdown Roadside Assistance
The cost of providing breakdown roadside assistance, where the problem is not caused
by a problem inherent to the Rental Vehicle.
d. A minimum charge of $150.00 (exclusive of GST) or such higher reasonable charge
depending on the distance travelled and time and/or difficulty associated with the
recovery of the Rental Vehicle, for the cost of recovery and/or towing of the Rental
Vehicle (to OZRENT’S premises, police compound or a vehicle assessment/repair
facility), in the event of an Accident or if You lose the Rental Vehicle keys.
e. A minimum charge of $150.00 (exclusive of GST) for returning the Rental Vehicle keys
and/or remote door opening devices to a location other than the Return Location.
f. A minimum charge of $150.00 to a maximum of $3,000.00 (exclusive of GST) for the cost
of replacing lost Rental Vehicle keys and/or remote door opening devices.
g. Excessively Dirty Vehicle Cleaning Charge
A charge for cleaning an Excessively Dirty Vehicle, including (the fee charged will
depend on the extent of cleaning required to be determined at IITR's sole discretion):
i. a fee of $150.00 (exclusive of GST) for a basic detail (being an interior and
exterior clean); or
ii. a fee of $280.00 (exclusive of GST) for a deluxe detail (being a basic detail
plus deodorising the carpet, cleaning the door jams, and cleaning all internal
leather, vinyl and plastics); or
iii. a fee of $380.00 (exclusive of GST) for a full detail (being a deluxe
detail plus an interior steam clean and an exterior cut and polish); and/or
iv. a fee of $380.00 (exclusive of GST) if there is any evidence someone has smoked
in the Rental Vehicle or if the Rental Vehicle has been used to carry animals
(excluding registered service animals).
h. You agree that the Rental Vehicle will be deemed an Excessively Dirty Vehicle if You,
any Additional Driver or any other occupant(s) smoke any substance inside the Rental
Vehicle, or if the Rental Vehicle is used to carry animals (excluding registered
service animals).
i. Tolls
You are responsible for payment of any tolls incurred during the Hire Period or
otherwise whilst the Rental Vehicle is in Your possession, custody or control. IITR
will charge You the amount of any toll plus an administration fee of $3.00 (exclusive
of GST) per toll capped at $12.00 (exclusive of GST) to reimburse IITR for the
administrative cost incurred in processing the toll.
j. Interest
Interest will be calculated daily at the rate being 4% above the Cash Rate Target set
by the Reserve Bank of Australia on any amount that remains unpaid after the expiry of
7 days after the issue of a tax invoice by OZRENT.
k. Return of Vehicle Outside Business Hours
If the Rental Vehicle is returned outside Business Hours, then You will be charged the
Full Daily Hire Charge for each day until OZRENT inspects and accepts the return of
the Rental Vehicle on the next Business Day.
l. Collection Expenses
You must reimburse OZRENT for its reasonable costs and expenses incurred in collecting
any amount payable under this Agreement from You.
m. Infringement Notices
If a traffic, parking or toll infringement notice is received by OZRENT relating to
the use of the Rental Vehicle during the Hire Period or otherwise whilst the Rental
Vehicle is in your possession, custody or control, then IITR will:
i. advise the relevant authority that You were the driver of the Rental Vehicle at
the time of the infringement. The authority will then issue the infringement
notice to You;
ii. charge You an administration fee of $33.00 (exclusive of GST) for each
infringement notice received to reimburse IITR for the administrative cost
incurred in processing the infringement notice.
n. Non-Return of Vehicle Fee
You will be charged a non-return of Rental Vehicle fee at the Full Daily Hire Charge
for each day the Rental Vehicle is not returned in accordance with clause 5(a).
o. Registration Checking Fee
A charge of $22.00 where You fail to provide OZRENT with acceptable proof of
registration of Your Vehicle before the Rental Vehicle is returned, being the cost of
requesting registration details from the relevant roads authority.
9. Your Liability
a. Subject to clauses 10, 11 and 23, You are responsible, to the fullest extent permitted
by law, for all actual and consequential damages suffered by OZRENT during the Hire
Period, including damages arising from an act of God, such as hail, storm, bushfire or
flood, or when the Rental Vehicle is otherwise in Your possession, custody or control,
and resulting from your use or possession of the Rental Vehicle.
b. Notwithstanding anything in this clause or any other clause, there is no cap or limit
on Your liability to OZRENT resulting from any use of the Rental Vehicle for a
Prohibited Use, by a Prohibited Person or for a Total Liability Use.
10. Accident Damage Excess (ADE) and Underage Accident
Damage Excess (UADE)
a. Your liability to OZRENT for damages is limited to the amount of the ADE, as noted on
the Hire Form, for each incident that results in loss or damage, save in the
circumstances specified in clauses 10(b), 10(c), 10(d) and 14 and subject to You
making payment to OZRENT of the ADE. If the damages are less than the ADE, then You
will be reimbursed the difference between the damages and the ADE paid by You. If the
damages are caused by a third party and You have complied with Your obligations under
clauses 12 and 13, then we will refund the ADE to You when the damages are recovered
from the third party and/or their insurer.
b. If You or an Additional Driver is under the age of 25 and have possession, custody or
control of the Rental Vehicle when it is lost, stolen or damaged, then Your liability
to OZRENT for damages is limited to the combined total of the ADE and UADE, as noted
on the Hire Form, for each incident that results in loss or damage, save in the
circumstances set out in clauses 10(c), 10(d) and 14 and subject to You making payment
to IITR of the ADE and UADE. If the damages are less than the combined total of the
ADE and UADE, then You will be reimbursed the difference between the damages and the
ADE and UADE paid by You. If the damages are caused by a third party and You have
complied with Your obligations under clauses 12 and 13, then we will refund the ADE
and UADE to You when the damages are recovered from the third party and/or their
insurer.
c. Your liability for damages suffered by OZRENT due to water damage to the Rental
Vehicle (other than by total or partial immersion) is limited to the amount of the ADE
or ADE and UADE (whichever is applicable) plus $2,200 (exclusive of GST).
d. Notwithstanding anything in this clause or any other clause, and irrespective of
whether You pay for excess reduction, You accept that where You have the benefit of
Your own insurance cover or any other policy owned or available to You that covers You
in respect of the Rental Vehicle under this Agreement, OZRENT or its insurer will be
entitled to seek an indemnity from Your own insurer or other available insurer to the
extent that Your cover stands in priority to OZRENT’S own insurance in respect of any
claim.
11. Accident Excess Reduction (AER) and Underage Accident
Excess Reduction (UAER)
a. You may purchase optional AER and UAER which may reduce Your liability under clause 10
for damages suffered by OZRENT.
b. If AER is offered to and accepted by You, as noted on the Hire Form, then Your
liability to OZRENT for damages is limited to the Reduced ADE, as noted on the Hire
Form, for each incident that results in loss or damage, save in the circumstances
specified in clauses 10(d), 11(c), 11(d) and 14 and subject to You making payment to
OZRENT of the Reduced ADE. If the damages are less than the Reduced ADE, then You will
be reimbursed the difference between the damages and the Reduced ADE paid by You. If
the damages are caused by a third party and You have complied with Your obligations
under clauses 12 and 13, then we will refund the Reduced ADE to You when the damages
are recovered from the third party and/or their insurer.
c. If, in addition to AER, UAER is offered to and accepted by You, as noted on the Hire
Form, then if You or an Additional Driver are under the age of 25 and have possession,
custody or control of the Rental Vehicle when it is lost, stolen or damaged, then Your
liability to OZRENT for damages is limited to the combined total of the Reduced ADE
and Reduced UADE, as noted on the Hire Form, for each incident that results in loss or
damage, save in the circumstances specified in clauses 10(d), 11(d) and 14 and subject
to You making payment to OZRENT of the Reduced ADE and Reduced UADE. If the damages
are less than the combined total of the Reduced ADE and Reduced UADE, then You will be
reimbursed the difference between the damages and the Reduced ADE and Reduced UADE
paid by You. If the damages are caused by a third party and You have complied with
Your obligations under clauses 12 and 13, then we will refund the Reduced ADE and
Reduced UADE to You when the damages are recovered from the third party and/or their
insurer.
d. Your liability for damages suffered by OZRENT due to water damage to the Rental
Vehicle (other than by total or partial immersion) is limited to the Reduced ADE or
Reduced ADE and Reduced UADE (if applicable) as noted on the Hire Form plus $2,200.00
(exclusive of GST).
e. AER and UAER offered by OZRENT are not insurance policies.
12. Accidents involving the Rental Vehicle
a. You must report any Accident (no matter how minor and irrespective of whether it
results in damage to the Rental Vehicle) to OZRENT as soon as possible after the
Accident occurs but, in any event, not later than 24 hours after the Accident.
b. You must assist OZRENT (at OZRENT’S cost and direction) in respect of any claim or
action brought by or against OZRENT or its related entities in respect of any
Accident, including attending court to give evidence.
c. You must not make any offer of compromise, payment, settlement or give any waiver,
release, indemnity or make any admission of liability to the at fault party or insurer
or any person or entity holding themselves out as agents of the at fault party in
relation to the Accident (other than a true statement made under compulsion of law).
d. Any papers or other documents received by You concerning the Accident must be promptly
given to OZRENT. You further agree to take reasonable steps to ensure that any other
person who receives any such papers or documents concerning the Accident provides
those papers and documents promptly to OZRENT.
e. OZRENT may, in the reasonable exercise of its discretion, refuse to provide a
replacement vehicle after an Accident.
f. By entering into this Agreement, You consent to and authorise OZRENT to obtain copies
of any police witness statements or reports made in relation to the Accident and
details of any police charges against You.
g. In the event of an injury to You or a passenger in the Rental Vehicle or in any other
vehicle involved in the Accident, You must:
i. promptly report the Accident to the local police (if required by law); and
ii. promptly report the name and address of any injured person (and the nature of
the injury/injuries suffered) to IITR.
13. Rental Vehicle Accident Procedures
a. In the event of an Accident involving the Rental Vehicle and a third party, You must
obtain from the other driver:
i. his/her name;
ii. address;
iii. telephone number;
iv. insurance company details;
v. license number;
vi. vehicle registration;
vii. vehicle make/model; and
viii. Police Event Number (if one has been created).
b. Where practicable, You must take photographs of the damage to the Rental Vehicle and
any other vehicle or object involved in the Accident, preferably with the vehicle(s)
or object(s) still in situ immediately following the Accident.
c. You must obtain the details of any witnesses to the Accident, including their name and
contact details.
d. You must provide all information OZRENT reasonably requests concerning the Accident
within 48 hours of any request. Without limiting the foregoing, You must deliver to
OZRENT a fully completed and correct claim form, including any police witness
statements or reports, within 48 hours of the Accident.
14. Total Liability
a. Prohibited Uses
The Rental Vehicle must never be used:
i. recklessly, or with deliberate intent to cause injury, loss or damage;
ii. in any location or region reasonably specified by OZRENT as an area or region
which is prohibited;
iii. for committing an illegal or unlawful act (including a traffic offence
which will not automatically result in the loss of Your driver's licence);
iv. for racing or undertaking reliability trials or other contests;
v. for driving instruction;
vi. outside the State in which the Rental Vehicle was hired, unless authorised in
writing by OZRENT;
vii. for conveying passengers for hire or reward, unless authorised in writing
by OZRENT;
viii. to carry animals;
ix. to carry more persons than may be properly accommodated by the seat belt
restraints;
x. to carry a greater load than that for which the Rental Vehicle was built or as
prescribed in the Rental Vehicle manual;
xi. for hauling any goods that are incorrectly or inappropriately loaded or for the
haulage of which the Rental Vehicle was not designed (including any hazardous
materials, such as any gases or substances which may form explosive mixtures);
xii. for towing a trailer or any other vehicle, unless the Rental Vehicle has a
tow bar, in which case You have permission from OZRENT to tow a trailer
provided the weight and dimensions of the item being towed do not exceed the
specified capacity of the Rental Vehicle as prescribed in the Rental Vehicle
manual; or
xiii. as a place wherein any person is permitted or able to smoke cigarettes or
any other substance.
b. Prohibited People
The following people are not to drive the Rental Vehicle or otherwise be in control of
the Rental Vehicle:
i. any person other than You or an Additional Driver;
ii. any person who is Intoxicated by any substance;
iii. any person who is required by law to have a Smart Start or other interlock
device fitted to any vehicle they drive;
iv. any person who is under the age of 21 years, unless authorised in writing by
IITR;
v. any person who is the holder of a learner's permit; or
vi. any person who is disqualified from driving or is the holder of a suspended,
endorsed or cancelled driver's licence, or who does not hold a current driver
licence valid for the Rental Vehicle for the likely duration of the Hire
Period.
c. Total Liability Uses
You will be fully responsible and liable for damages under clause 9, even if You have
accepted AER and/or UAER, where the Rental Vehicle is:
i. used on any road or other surface which is not sealed, other than a road under
repair, or a road notified to You by OZRENT as being unsuitable for use, unless
the Rental Vehicle is a Four-Wheel Drive (4WD) Vehicle;
ii. driven in any Alpine Resort during the gazetted snow season or in any other
area under conditions where a reasonable person would use snow chains, unless
authorised by OZRENT in writing in advance of such use;
iii. driven on any beach or in any other area exposed to saltwater;
iv. driven in any area or under any circumstances (including crossing a waterway or
transporting a vehicle across a waterway) where the Rental Vehicle becomes
partially or totally immersed in water;
v. refueled with fuel other than that which is recommended by the Rental Vehicle
manufacturer;
vi. sustains mechanical damage as a consequence of non-compliance with clause 6;
vii. not locked and its keys are not secured;
viii. involved in an Accident and You or the Additional Driver fail to exchange
details with all involved parties;
ix. involved in an Accident and You provide dishonest information to ZRENT in
relation to the Accident;
x. involved in an Accident and You fail to report the Accident to OZRENT within 24
hours;
xi. repaired or maintained in breach of clause 6(g)(i); or
xii. driven in any other area or region specified to You by OZRENTas an area or
region in which the Rental Vehicle must not be used.
d. Responsibility for Accessories
You will be fully responsible and liable for damages under clause 9 for any
Accessories, even if You have accepted AER and/or UAER for the Rental Vehicle. AER and
UAER do not apply to any loss of or damage to Accessories.
e. Personal possessions:
i. You are responsible for loss or damage to Your or Your passenger’s personal
possessions in the Rental Vehicle even if it was not Your fault. Your liability
will not be limited under clauses 10 or 11. Loss or damage to personal
possessions is not covered by the AER or UAER.
ii. You agree to indemnify and hold OZRENT harmless to the maximum extent permitted
by law from any Claim by a third party against OZRENT for loss or damage with
respect to any personal possessions.
iii. You must remove all Your and Your passenger’s personal possessions from the
Rental Vehicle before returning it to OZRENT. OZRENT takes no responsibility
for personal possessions left in the Rental Vehicle or brought onto its
premises. If an electronic tag or pass is left in the Rental Vehicle, OZRENT
will take no responsibility for any amount charged to the associated toll
account.
f. If the Rental Vehicle is used for a Prohibited Use, by a Prohibited Person or for a
Total Liability Use then:
i. to the extent permitted by law, You will lose the benefit of any limitation on
Your liability for damages suffered by OZRENT, even if You have accepted AER
and/or UAER; and
ii. You will be responsible, to the fullest extent permitted by law, for the actual
and consequential damages to OZRENT.
PART B – Authority to Act Terms and Conditions
15. Recovery Claim
a. Subject to clause 18, You are liable to OZRENT for the Hire Charges.
b. To enable sufficient time for the Recovery Claim to be finalised, OZRENT will not seek
payment of the Hire Charges from You for a period of 180 days from the date of the
issue of an invoice by OZRENT.
16. Appointment as Agent
a. You agree to irrevocably appoint OZRENT as Your agent, representative and attorney to
select and instruct a Recovery Firm to prosecute the Recovery Claim on your behalf on
the following terms.
b. For the avoidance of doubt, You authorise OZRENT to:
i. negotiate the terms, conditions and costs upon which the Recovery Firm will
prosecute the Recovery Claim;
ii. provide instructions to the Recovery Firm to commence legal proceedings in Your
name to recover the Hire Charges and to prosecute and/or appeal those
proceedings;
iii. provide instructions to the Recovery Firm to settle the Recovery Claim on
terms and for an amount OZRENT, in its absolute discretion, considers to be
reasonable;
iv. instruct the Recovery Firm to release other parties from liability on Your
behalf, including by executing a deed or consent orders, but excluding any
claim for personal injury and without prejudice to any other recovery rights
You may have;
v. authorise the Recovery Firm to receive and deposit any monies arising out of
the Recovery Claim and to pay from those monies the Hire Charges and any
interest thereon recovered to OZRENT after deducting and paying any amount owed
to any other person or entity that incurred costs associated with the Recovery
Claim, including the Recovery Firm, without any further authorisation or
instruction being necessary; and
vi. receive and accept any notices required to be sent to You by the Recovery Firm
and to provide any direction to the Recovery Firm which may be necessary in
relation to the deposit, transfer or transit of trust monies.
17. Costs of Recovery Claim
The costs of prosecuting the Recovery Claim will be paid from the proceeds (including any
amount recovered for interest or legal costs) of the Recovery Claim. If the costs exceed the
proceeds, then OZRENT will pay the difference.
18. Payment and Indemnity
a. Provided You do not breach clause 19, OZRENT will:
i. accept any amount recovered from the At Fault Party or Insurer (including any
amount recovered for interest or legal costs) in full satisfaction of the Hire
Charges;
ii. release You from any further liability for the Hire Charges. This will occur
even if we fail to recover any amount at all; and
iii. indemnify you with respect to any adverse costs order made against You in
legal proceedings to recover the Hire Charges.
b. If You breach clause 19 but OZRENT nevertheless provides instructions to the Recovery
Firm to settle the Recovery Claim pursuant to clause 16(b)(iii), then You will pay to
OZRENT on demand that portion of the Hire Charges which could not be recovered from
the At Fault Party or Insurer by reason of Your breach.
c. Notwithstanding anything in this clause or any other clause, You remain liable for
payment of the Additional Charges
19. Warranties and Covenants
a. You warrant that:
i. You are (and were at the time of the Collision) the owner or bailee of the
Rental Vehicle. Alternatively, You represent and warrant to OZRENT that You are
duly authorised to sign and enter into this Agreement for and on behalf of the
owner or bailee;
ii. You were not at fault for the Collision;
iii. At the time of the Collision, Your vehicle was registered and roadworthy
and You held a current driver's licence valid for Your Vehicle and for the
likely duration of the Hire Period;
iv. Prior to the Collision, You used Your Vehicle to meet Your transport needs and
desires and, but for the Collision, You would have continued to use Your
Vehicle to meet those needs and desires;
v. You are hiring the Rental Vehicle as a result of the Collision so that You do
not have the inconvenience that You will otherwise suffer by not having a
vehicle readily available to use, whilst Your Vehicle is being repaired or
replaced;
vi. If, subject to clause 14(a)(vii), the Rental Vehicle is to be used to meet Your
business needs, then the income You will earn by using the Rental Vehicle for
business purposes will exceed the cost of hiring the Rental Vehicle;
vii. You do not have the ability to use any other vehicle to meet Your transport
needs and desires whilst Your vehicle is being repaired or replaced;
viii. You have the right to recover the Hire Charges and have not assigned or
otherwise transferred that right to any third party;
ix. You have provided full disclosure to OZRENT of any and all Loss and Damage You
have suffered as a result of the Collision; and
x. You have provided all relevant information to OZRENT and that it is true and
correct in every particular. You acknowledge that OZRENT has relied on the
accuracy of that information when considering its preparedness to accept the
obligations in clauses 17 and 18.
b. You covenant that:
i. You will act in the best interests of OZRENT in connection with the Recovery
Claim;
ii. You will co-operate with OZRENT and the Recovery Firm and do all things
reasonably necessary to assist with the Recovery Claim, including executing
witness statements or affidavits, appearing in court to give evidence and
providing any information or documents reasonably necessary for the proper
prosecution of the Recovery Claim;
iii. You will use your best endeavors to ensure the repair or replacement of
Your Vehicle proceeds without any delay;
iv. You will immediately notify OZRENT once the repairs to Your Vehicle have been
completed or You have received a total loss payout, and thereafter immediately
return the Rental Vehicle to OZRENT;
v. If Your Vehicle is a total loss, then You will immediately provide OZRENT with
a copy of any notice(s) or letter(s) You receive advising You of this fact
and/or about any payout;
vi. You will immediately notify OZRENT if Your Vehicle is moved from one location
or repairer to another location or repairer;
vii. You will immediately return the Rental Vehicle to OZRENT at the end of the
Hire Period;
viii. You will not withdraw Your instructions for the Recovery Firm to prosecute
the Recovery Claim;
ix. You will not withdraw Your authority for OZRENT to act as Your agent,
representative and attorney;
x. You will only provide instructions to the Recovery Firm via OZRENT;
xi. Where another person or entity (for example, Your Insurer) seeks to recover, on
Your behalf, any property loss or damage (in addition to the Charges) suffered
by You as a result of the Collision, You will give control and carriage of any
legal proceedings commenced on Your behalf for that purpose to the Recovery
Firm, provided that the Charges are also being (or are intended to be) claimed
in those legal proceedings;
xii. You will not do anything to compromise the Recovery Claim, including by
making an admission of liability in respect of the Collision or purporting to
release the At Fault Party or Insurer from Your recovery rights by signing a
form of release (or otherwise) or by engaging in unreasonable conduct that
delays the repair or replacement of Your Vehicle.
20. GST
a. If:
i. The Hire Charges are paid by You from the proceeds of the Recovery Claim;
ii. You are registered for GST;
iii. Your Vehicle is registered or used for business purposes; and
iv. You may be entitled to claim an Input Tax Credit for the GST component of the
Hire Charges,
then You will pay the amount of any GST that is withheld within 14 days of the issue of an
invoice to You by OZRENT.
PART C – General Terms and Conditions
21. General
a. Except to the extent otherwise implied by law, the terms and conditions set out in
PART A – Hire Terms and Conditions, PART B – Authority to Act Terms and Conditions and
PART C – General Terms and Conditions as made available to You at the time of
execution of this Agreement, constitute the entire agreement between the parties and
supersede all prior representations, promises, understandings or agreements, whether
oral or written, concerning the subject matter of this Agreement, and may only be
modified in writing signed by both parties.
b. Unless otherwise specified, critical terms used in this Agreement are capitalised and
bear the meaning set out in the Definitions in clause 30.
c. You warrant that You have provided all relevant information to OZRENT and that it is
true and correct in every particular. You acknowledge that OZRENT has relied on the
accuracy of Your information in deciding to take on the obligations under this
Agreement.
d. You acknowledge and agree that:
i. this Agreement is an exempt agreement and is NOT regulated by the Consumer
Credit Code.
ii. OZRENT may appoint and instruct a Recovery Firm that is a related entity,
within the meaning of the Corporations Act 2001 (Cth).
iii. OZRENT may pay referral fees to third parties in connection with Your hire
of the Replacement Vehicle.
iv. OZRENT does not organise or coordinate nor it is liable or responsible for the
repair, storage, movement or disposal of Your Vehicle, unless otherwise agreed.
v. OZRENT may assign or transfer its rights and/or obligations under this
Agreement. In the event of such assignment, You will remain bound by this
Agreement.
22. Notice of Demand
Any written notice or demand required to be given under this Agreement will be sufficiently
made:
a. If left at Your address as provided to OZRENT;
b. If the notice or demand is posted by prepaid post to Your address as provided to
OZRENT, in which case it will be deemed to have been received by You two Business Days
after the date on which the notice or demand was posted;
c. If made by facsimile, email, SMS or other electronic form on the numbers or electronic
addresses provided to OZRENT; or
d. If the notice or demand is sent electronically, then it will be deemed to have been
received by You on the day on which and at the time at which it appears from the
notice or demand to have been sent.
23. Limited Liability and Indemnity
a. You may have certain rights and remedies (including, without limitation, consumer
guarantee rights) that cannot be excluded, restricted or modified by this Agreement.
Nothing in this clause operates to exclude, restrict or modify those rights and
remedies (Non-Excludable Obligations).
b. Except in relation to Non-Excludable Obligations, all conditions, warranties,
guarantees, rights, remedies, liabilities or other terms implied or conferred by
statute, custom, or the general law that impose any liability or obligation on OZRENT,
are expressly excluded under this Agreement.
c. Limitation of liability
i. Except in relation to Non-Excludable Obligations, OZRENT’S liability to You
arising directly or indirectly under or in connection with this Agreement is
limited as follows:
■ OZRENT will have no liability whatsoever to You for any loss, harm,
damage, cost or expense (including legal fees) in the nature of
special, indirect or consequential loss or damage (including, without
limitation, economic loss, loss of contract, loss of profit or revenue,
loss of opportunity, loss of production, production stoppage or loss of
data); and
■ the aggregate of OZRENT’S liability to You is otherwise limited to an
amount not exceeding the amount paid by You to hire the Rental Vehicle.
ii. In relation to Non-Excludable Obligations, OZRENT’S liability to You for a
failure to comply with any Non-Excludable Obligation is limited to:
■ in the case of services, supplying the services again or payment of the
cost of having the services supplied again; and
■ in the case of goods, replacing the goods, supplying equivalent goods
or repairing the goods, or payment of the cost of replacing the goods,
supplying equivalent goods or having the goods repaired.
24. Cancellation
a. You have the right to terminate this Agreement within 7 days of the Commencement Date,
without giving any reason, (Cancellation Period) provided that:
i. You notify OZRENT of Your decision in writing;
ii. You immediately return the Rental Vehicle, in accordance with this Agreement;
and
iii. You pay OZRENT the Full Daily Hire Charge for each day the Rental Vehicle
was hired, at the time You return the Rental Vehicle.
b. Your termination rights are otherwise governed by clause 25.
25. Termination
a. OZRENT may, by notice to You under clause 22, immediately terminate this Agreement if
it reasonably believes that You have committed a breach of this Agreement.
b. If OZRENT terminates this Agreement, then You must return the Rental Vehicle
immediately and pay the Prescribed Amounts within 7 days.
26. Severance
Any part of this Agreement shall be severable without affecting any other part of this
Agreement.
27. Dispute Resolution
a. If You have a complaint or if You wish to dispute any matter relating to Your hire or
use of the Rental Vehicle under this Agreement, then You agree that before commencing
any legal proceedings You must follow the dispute resolution process set out below.
b. In the first instance, you must notify OZRENT during Business Hours of Your complaint
and provide IITR with such information (written or oral) as You may be requested to
provide to facilitate proper discussion and consideration of the complaint.
c. If Your complaint is not resolved within 10 working days of its notification, then the
matter will be referred to mediation that is to take place within 10 days of the
referral.
d. The Mediator will be as agreed between the parties or, in the event that there is no
such Agreement, as selected by the CEO of the Australian Disputes Centre (ADC) Level
16, 1 Castlereagh Street, Sydney.
e. Unless otherwise agreed, the mediation shall be conducted in accordance with the ADC's
standard form Mediation Agreement and Guidelines as published from time to time.
f. Each party shall bear its own costs associated with the Mediation and share the
Mediator's costs on a 50/50 basis.
g. If the complaint is not resolved at Mediation (but only in that event), then either
party may then commence legal proceedings with respect to the matter.
29. Privacy
a. You acknowledge that OZRENT will collect Personal Information about You and any
Additional Driver from You and third parties.
b. You authorise OZRENT to collect, hold, use and/or disclose Your Personal Information
to third parties. Those third parties may include, among others:
i. lead generation, call center and marketing providers;
ii. tow truck companies in relation to the towing of Your Vehicle and/or the Rental
Vehicle;
iii. motor vehicle fleet companies in relation to the hire of the Rental Vehicle
to You, which includes Orix, whose Collection Statement can be found at
https://www.imintheright.com.au/public/docs/collection_statement.pdf
iv. panel beater, mechanic and motor vehicle repairers in relation to the repair of
Your Vehicle and/or the Rental Vehicle;
v. roads and traffic authorities or toll operators in relation to traffic, parking
and toll infringements;
vi. finance brokers, dealerships, cross hire partners, insurers, insurance brokers,
motor vehicle assessors or investigators in relation to the Recovery Claim
and/or any motor vehicle accident involving the Rental Vehicle;
vii. police in relation to the Recovery Claim, your hire of the Rental Vehicle
(including any attempt to recover the Rental Vehicle from You) and/or any motor
vehicle accident involving the Rental Vehicle;
viii. the Recovery Firm or any other legal practitioners retained in relation to
the Recovery Claim and/or any motor vehicle accident involving the Rental
Vehicle;
ix. legal practitioners retained in relation to any claim for personal injury; and
x. debt collectors, insurers, government agencies, hosting providers, software
developers and/or infrastructure support providers for the operation of our
business and provision of services to you.
c. Further information about the circumstances under which we collect, use, hold,
disclose and sell Personal Information can be found in our Privacy Policy and
Collection Notice.
d. You undertake to take reasonable steps to:
i. ensure that You, any Additional Driver and any other concerned individual is
aware that OZRENT may collect Personal Information about them and disclose it
to third parties set out in clause 28(b); and
ii. protect Personal Information that is transmitted, stored or otherwise processed
by us from accidental or unlawful destruction, loss, alteration, unauthorised
disclosure and/or access.
e. You warrant that:
i. You are entitled and authorised to upload, input, transfer and/or disclose the
Personal Information that you provide to us; and
ii. You have provided the appropriate notifications and procured all necessary
consents, permissions and authorisations to allow OZRENT and its personnel to
collect, hold, use, sell and disclose the Personal Information without
breaching any applicable law or any person’s rights.
f. You must indemnify us from and against all and any loss suffered or incurred by us
arising out of or in connection with your breach of the warranties set out in clause
28(e).
g. You consent to OZRENT obtaining, while there is any obligation outstanding under this
Agreement, any address for You that has been provided to any authority holding
drivers' licensing or vehicle registration information and, accordingly, authorise and
direct any such authority to give address details to OZRENT, or its authorised agent,
immediately upon request.
h. You have the right to request access and corrections to Your Personal Information that
OZRENT holds. You also have a right to make a complaint about the way in which OZRENT
manage Your Personal Information. To gain access to, seek correction of, or complain
about the handling of Personal Information that OZRENT holds about You, you may
contact OZRENT at 5 ANNABELLA STREET CRANBOURNE EAST
i. You must notify OZRENT as soon as possible upon becoming aware of any unauthorized use
of Your OZRENT account.
30. Security Interest Acknowledgment
If the Rental Vehicle is owned by Custom Service Leasing Pty Ltd (CSL) and leased to OZRENT
for use in its business, then You acknowledge that:
a. CSL has a security interest in the Rental Vehicle;
b. The exercise of any rights by CSL will not constitute a breach or default under this
Agreement or otherwise entitle You to terminate, rescind or revoke this Agreement;
c. Your rights in respect of a Rental Vehicle are expressly subject and subordinated to
CSL's rights under the head lease with OZRENT and that nothing in this Agreement will
in any way limit, reduce, vary or otherwise qualify CSL's rights under the head lease
with OZRENT; and
d. If CSL's security interest becomes enforceable, or the head lease with respect to the
Rental Vehicle is terminated:
i. CSL may by notice to You terminate this Agreement and upon such notice Your
right to possess and use the Rental Vehicle automatically ceases and You must
surrender possession and control of the Rental Vehicle to CSL, notwithstanding
that You may not be in breach or default of Your obligations under this
Agreement; and
ii. Subject to clause 29(d)(iii), CSL may enter any premises where the Rental
Vehicle is located and remove the Rental Vehicle therefrom; and
iii. You will obtain all necessary consents from the owner, occupier and other
interested persons (such as any mortgagee) of the relevant premises where the
Rental Vehicle is located to enable CSL to take possession of it.
31. Definitions
Terms capitalised throughout this Agreement are defined as follows:
"Accessories" means keys and remote door opening devices, any removable equipment supplied
with the Rental Vehicle including, but not limited to, child restraint seats and satellite
navigation devices (which may or may not attract an additional charge for usage), tyres, tools
(supplied with the Rental Vehicle), SD card, telematics, roof racks and tow bar, which are
only to be used:
a. with the Rental Vehicle as originally supplied or such vehicle as OZRENT supplies as a
replacement for the Rental Vehicle; and
b. in accordance with all instructions and operational information provided.
"Accident" means any accident between the Rental Vehicle and any other object, including
another vehicle, or any other incident or occurrence that results in the Rental Vehicle being
damaged, lost or destroyed;
"Additional Charges" means all the amounts payable by You as set out in clause 8;
"Additional Driver" means any person, in addition to You, who is not a Prohibited Person and
is authorised in writing by OZRENT to drive the Rental Vehicle.
"ADE" means the Accident Damages Excess as referred to in clause 10 and noted on the Hire
Form.
"AER" means the Accident Excess Reduction as referred to in clause 11 and noted on the Hire
Form.
"At Fault Party" means any individual or entity responsible, including vicariously, for the
Collision and the resulting Loss and Damage.
"Business Day" means a day that is not a Saturday, a Sunday, a public holiday or a bank
holiday in the State in which the Rental Vehicle was hired.
"Business Hours" means 9.00am-5.00pm on a Business Day.
"Cancellation Period" has the meaning given in clause 24(a)(a).
"Claim" includes all issues, disputes, damages, including without limitation, negligence
claims, demands, debts, accounts, expenses, costs, liens, actions, proceedings, complaints or
differences of any or every kind, name, nature or description which a third party has now, had
or might have had or might assert in the future.
"Collision" means the motor vehicle collision involving Your Vehicle on the date of the
accident.
"Commencement Date" means the later of:
a. the date and time specified on the Hire Form as the time of commencement of the Hire
Period; or
b. when the Rental Vehicle is delivered to You or to a location requested by You.
"Daily Rate" means the daily rate noted on the Hire Form.
"Delivery Inspection Report" means the report that is referred to in clause 2.
"Excessively Dirty Vehicle" means a Vehicle which requires cleaning beyond OZRENT’S standard
cleaning practice, being a general exterior and interior clean using regular cleaning
products, water high pressure cleaner and vacuum taking no longer than 15 minutes and not
requiring steam cleaning, specialised cleaning products or specialised third party cleaners.
"Four Wheel Drive (4WD) Vehicle" means a vehicle capable of powering all four wheels
simultaneously if the 4-wheel drive mode is engaged by the driver but excludes an ‘All Wheel
Drive (AWD) Vehicle' which in normal operation distributes power differentially to each wheel.
"Full Daily Hire Charge" means all Hire Charges and Additional Charges payable by You under
this Rental Agreement for each Hire Day.
"Hire Charges" means all the amounts payable by You as set out in clause 7.
"Hire Day" means each calendar day, or part calendar day, on which You have possession,
custody or control of the Rental Vehicle.
"Hire Form" means the form referred to in clause 1 on which all personal and Rental Vehicle
details are recorded, which is completed at the time the Rental Vehicle is hired.
"Hire Period" means the period during which the Rental Vehicle is hired by You, beginning at
the Commencement Date and ending at the time when:
a. You are notified that the repairs to Your Vehicle have been completed;
b. You receive a total loss payout;
c. OZRENT notifies You of the date when the period is to end and requests that You return
the Rental Vehicle on that day;
d. You return the Rental Vehicle to OZRENT during Business Hours, pursuant to clause 24;
e. You return the Rental Vehicle to OZRENT during Business Hours following expiry of the
Cancellation Period;
f. OZRENT repossesses the Rental Vehicle; or
g. When the Police are notified that the Rental Vehicle is lost, stolen or otherwise
misappropriated (being the time recorded on the Police Report of the incident);
h. Notwithstanding any other clause of this Agreement, the Rental Vehicle must be
returned before the effluxion of 730 days from the Commencement Date.
"Insurer" means any person or entity that has agreed to, or may be called upon to, indemnify
any party, including You, for the Hire Charges, or any part thereof.
"Intoxicated" means where the driver is under the influence of any drug, substance or
intoxicating liquor to the extent that the person's ability to control the Rental Vehicle is
impaired or where the driver's blood level of any drug or alcohol is in breach of the
applicable State or Territory legal limit, or where the driver refuses or fails to provide a
breath, blood or other sample when lawfully required to do so by or on behalf of the Police or
as required by any law of the applicable State or Territory.
"Loss and Damage" means any and all property loss and damage suffered by You as a result of
the Collision, including the Hire Charges, but excluding any claim for personal injury.
"Non-Excludable Obligation" has the meaning given in clause 23(a).
"Personal Information" has the meaning given to that term in the Privacy Act 1988 (Cth).
"Prescribed Amounts" means:
a. the Hire Charges;
b. the Additional Charges;
c. any loss, damage or expense incurred by OZRENT.
"Privacy Laws" means all applicable data protection and privacy laws in any applicable
jurisdiction, including the Privacy Act 1988 (Cth).
"Prohibited Person or People" has the meaning given in clause 14.
"Prohibited Use" has the meaning given in clause 14.
"Recovery Claim" means a claim for the recovery of the Hire Charges by way of damages from the
At Fault Party or Insurer arising from the Collision.
"Recovery Firm" means such law firm OZRENT may in is absolute discretion elect to instruct to
prosecute the Recovery Claim on Your behalf.
"Reduced ADE" means the Reduced Accident Damages Excess referred to in clause 11 and noted on
the Hire Form.
"Reduced UADE" means the Reduced Under-Age Accident Damages Excess referred to in clause 11
and noted on the Hire Form.
"Rental Vehicle" means the motor vehicle described on the Hire Form, or any alternate motor
vehicle that IITR supplies to You, whether as a replacement, upgrade or otherwise, and
includes all Accessories in or fitted to the Rental Vehicle by the manufacturer or by IITR.
"Return Location" means the location from which the Rental Vehicle was hired.
"Total Liability Use" has the meaning given in clause 14.
"UADE" means the Under-Age Accident Damage Excess as referred to in clause 10 and noted on the
Hire Form.
"UAER" means the Under-Age Accident Excess Reduction as referred to in clause 11 and noted on
the Hire Form.
"VRR" means the costs referred to in clause 7(f).
"Your Vehicle" means your registered motor vehicle.
"You / Your" means the Customer.