TERMS AND CONDITIONS
CONSUMER RIGHTS STATEMENT
All your rights set out in this Rental Agreement are in addition to your rights as a consumer (‘Your Consumer Rights’) under applicable consumer products legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement.
1. INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (‘Rental Agreement’) between Ausfleet Rentals and You is made on the date shown on the Rental Agreement. The Rental Agreement you have signed in respect of the Vehicle is made up of that Rental Agreement and these Terms and Conditions.
In these Terms and Conditions:
‘Accessory’ means any equipment set out in the Rental Agreement, including (as applicable) any global positioning system receiver or similar device or any child restraint, booster or similar equipment;
‘Company’ means a company who has been nominated jointly and severally to enter and be bound by this Rental Agreement by a person authorised to do so.
‘Ausfleet Rentals Insurance Policy’ means a policy of liability insurance held by Ausfleet Rentals for Your and an Authorised Driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the Vehicle by You or an Authorised Driver;
‘Authorised Driver’ means: An additional driver who signs the Rental Agreement; Your spouse, Your employer or a fellow employee if either is engaged in activities that are incidental to Your business duties;
‘Ausfleet Rentals’ means Ausfleet Pty Ltd T/A Ausfleet Rentals ABN 82 610 981 578.
‘Collection Costs’ means Ausfleet Rentals’ reasonable costs of collecting unpaid Rental Charges from you (including Ausfleet Rentals’ legal costs) and Ausfleet Rentals’ administration fee of $50 and its debt collection agent’s fee equal to 10% of the unpaid Rental Charges;
‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the Rental Agreement;
‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations brochure located in the glove box of the Vehicle;
‘Nominated Card’ means your or any other debit card/credit card which You have authority to use nominated by you as the source of payment for all Rental Charges;
‘Overhead Damage’ means damage to the Vehicle or property of any third party caused by the Vehicle coming into contact with anything above the top of the door seal and the top of the front and back windscreens;
‘Rental Charges’ means all fees, costs, amounts and charges specified on the Rental Agreement or payable under this Rental Agreement;
‘Rental Period’ means the period commencing on the date shown (“Rented”) to the Rental Agreement and ending on the date that You return the Vehicle to Ausfleet Rentals “Due In” date.
‘Roadside Assistance Cover’ means, subject to clause 5.4, the provision of the following services for the payment of the Roadside Assistance Cover fee specified in the Rental Agreement: refuelling up to 6 litres where You run out of fuel, changing flat tyres, provision of spare keys where You lose the keys to the Vehicle, unlocking the Vehicle when You lock the keys in the Vehicle, and provision of a replacement battery or ‘jump start’ where You have a flat battery if You leave the lights, air conditioning, entertainment system(s) or other electrical equipment running while the ignition is off.
‘Roadside Assistance Fee’ means a minimum charge of $100 (incl GST), or such other amount as reasonably determined by Ausfleet Rentals having regard to the roadside assistance callout event (for example: a lost key can cost up to $2,000 incl GST to replace).
‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while using the Vehicle as a substitute for the vehicle insured under that policy;
‘Underbody Damage’ means damage to the Vehicle caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars;
‘Vehicle’ means the vehicle described on the Rental Agreement (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by Ausfleet Rentals; and
‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made;
‘Your Account’ means a Nominated Card, or Ausfleet Rentals charge account to which Your Rental Charges are to be debited upon demand.
2.1 You agree and acknowledge that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) you and any Authorised Driver hold a current Licence (not being a learner’s Licence or provisional Licence) to drive the Vehicle and have been Licenced to drive vehicles of the same category as the Vehicle for at least 12 consecutive months.
2.2 You are responsible for the acts and omissions of an Authorised Driver or any other person You allow to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Loss Damage Waiver option or Excess Reduction option (if accepted or included in Your rate) if You allow an unauthorised driver to drive the Vehicle.
3. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
3.1 You and any Authorised Driver must only use the Vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road (regardless of whether it is a 4×4);
3.2 You and any Authorised Driver must not, unless authorised in writing by Ausfleet Rentals, drive or take the Vehicle:
(a) to a Peninsula or any island off the coast of Australia;
(b) out of the state of Victoria without prior written permission from Ausfleet Rentals.
4.USE OF THE VEHICLE
4.1 You and any Authorised Driver must:
(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
(b) not, without Ausfleet Rentals’ prior written consent, use, or allow the Vehicle to be used, to push anything;
(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not, without Ausfleet Rentals’ prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained Ausfleet Rentals’ approval to do so;
(h) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, Licences and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and Ausfleet Rentals’ recommendations;
(i) not, without Ausfleet Rentals’ prior written consent, use the Vehicle to carry any flammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances;
(j) not use the Vehicle for the conveyance or towing of any load unless You have Ausfleet Rentals’ prior written consent; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and Ausfleet Rentals’ recommendations; and
(k) not use the Vehicle in contravention of any law.
4.2 You must pay for any unauthorised repairs to the Vehicle, the Roadside Assistance Fees (unless you have purchased Roadside Assistance Cover), and for all parking, speeding and traffic infringements and tolls in respect of the Vehicle during the Rental Period
5. MAINTENANCE, SECURITY AND SAFETY
5.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications;
(b) fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications;
(c) keep the Vehicle locked and the keys under Your or the Authorised Driver’s personal control at all times; and
(d) comply with all applicable seat belt and child restraint laws.
5.2 Ausfleet Rentals will provide 24-hour roadside assistance for all inherent mechanical faults (as determined by Ausfleet Rentals or its authorised repairer) at no additional cost provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of clauses 3 or 4.1.
5.3 For each Roadside Assistance call-out (for refuelling, a ‘jump start’, a tyre related incident, lost keys, keys locked in vehicle, or a flat battery due to lights or other electrical equipment being left on), You will be charged the Roadside Assistance Fee, unless you have purchased Roadside Assistance Cover.
5.4 Roadside Assistance Cover does not apply if the Vehicle has been used in breach of clauses 3 or 4.1 or in respect of any additional amount(s) payable under clause 8.3.
5.5 You must not have repairs to the Vehicle carried out unless Ausfleet Rentals authorises you to do so. Ausfleet Rentals requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt to assist Ausfleet Rentals. Ausfleet Rentals 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 Ausfleet Rentals cannot verify the cost of repairs, Ausfleet Rentals will not reimburse You.
6. RETURN OF VEHICLE
6.1 You must return the Vehicle to Ausfleet Rentals:
(a) to the place, on the date and by the time shown on the Rental Agreement unless you have informed Ausfleet Rentals of a change prior to the return date and Ausfleet Rentals has agreed to the change; and
(b) in the same condition as it was at the commencement of the Rented Date, fair wear and tear accepted as noted in the Inspection Report.
6.2 If you tell Ausfleet Rentals that you wish to return the Vehicle to a location other than that stated on the Rental Agreement, Ausfleet Rentals will advise You of the amount of the ‘one-way fee’ that You will incur (unless clause 6.5(a) applies to You) If You do not tell Ausfleet Rentals in advance, You must pay a ‘one-way fee’ of up to $2 per kilometer (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under clause 6.4.
6.3 Despite clauses 6.1 and 6.2, You must return the Vehicle to an Ausfleet Rentals location during normal business hours.
(a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Agreement; or
(b) You do not comply with any special conditions set out in the ‘Rates’ section on the Rental Agreement, the rates are shown on the Rental Agreement will not apply and You must pay the Ausfleet Rentals standard rate for the Vehicle for the Rental Period.
6.5 Ausfleet Rentals may request the immediate return of the Vehicle, or Ausfleet Rentals may recover the Vehicle without notice, if:
(a) The credit limit on your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘one-way fee’ becomes payable by You;
(b) The Rental Period expires without satisfactory arrangements having been made by You with Ausfleet Rentals; or
(c) Ausfleet Rentals reasonably suspects that:
(1) The Vehicle may be used for an unlawful purpose;
(2) damage to the Vehicle, or injury to persons or property, is likely to occur;
(3) The Vehicle will be involved in an industrial dispute.
6.6 If You do not return the Vehicle on the date and by the time shown on the Rental Agreement (or any extended date or time agreed with Ausfleet Rentals) then:
(a) after written notice to You and if the location of the Vehicle is unknown, Ausfleet Rentals may report the Vehicle as stolen to the Police; and
(b) You must pay Ausfleet Rentals all Rental Charges (including additional Rental Charges) and compensate Ausfleet Rentals in accordance with clause 8 for any loss Ausfleet Rentals suffers (including all additional costs Ausfleet Rentals incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by Ausfleet Rentals.
6.7 The Vehicle may contain a tracking device which may be activated to assist Ausfleet Rentals and/or its agents and/or authorities locate and recover the rental Vehicle should the rental Vehicle not be returned by the Due In and without an extension of the Due In date or upon Ausfleet Rentals’ written or verbal request.
6.8 The Renter, Authorised Driver (if applicable) and Company (if applicable) authorizes, releases and hold harmless Ausfleet Rentals (and its agents and employees) from entering onto any premises owned or occupied by the Renter, Authorised Driver (if applicable) or the Company (applicable), in the alternative, the Renter, Authorised Driver (if applicable) or Company (if applicable) irrevocably agrees to make all reasonable efforts to obtain the right for Ausfleet Rentals to enter any premises for the sole purpose of recovering the Vehicle.
7.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
7.2 If You do not select the ‘Prepaid Fuel Option’ (where available), and You return the Vehicle with less fuel than it had when You rented it, You must pay the Fuel Service amount per litre as set out on the Rental Agreement.
7.3 The fuel level of the Vehicle at the time You rent it and at the time You return it to Ausfleet Rentals is determined by visual inspection by Ausfleet Rentals of the Vehicle’s fuel gauge.
8. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
8.1 Subject to this clause 8, 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 any person You allow to drive the Vehicle; or
(ii) which arises from the use of the Vehicle by You or any person You allow to drive the Vehicle.
This clause 8 does not apply to any damage or loss for which Ausfleet Rentals is liable to You under this Rental Agreement.
Remember that references to the ‘Vehicle’ include all of its parts, components, Accessories and contents (see the definitions of ‘Vehicle’ and accessories in clause 1).
8.2 Subject to clauses 8.3 and 8.4, Ausfleet Rentals waives Your liability under clause 8.1 for damage to, or loss of, the Vehicle and will ensure that You and any Authorised Driver are entitled to be indemnified under the Ausfleet Rentals Insurance Policy, if:
(a) You accept and pay for the Loss Damage Waiver option on the Rental Agreement (or if it is included in Your rate); and
(b) You pay the Excess Amount for each separate event involving:
(i) damage (including hail damage) to, or loss of, the Vehicle; or
(ii) damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver.
8.3 Additional amounts payable: Even if You accept and agree to pay the Loss Damage Waiver option on the Rental Agreement and pay the Excess Amount as stipulated in Clause 8.2(b), You must always pay the Ausfleet Rentals the full amount of the following costs and fees:
(a) The cost of repairing any:
(i) Overhead Damage or Underbody Damage;
(ii) Water damage to the Vehicle;
(iii) Damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1 or 5
(iv) Damage to a tyre or an Accessory not attributable to normal wear and tear subject to clause 8.6; and
(v) Damage to the Vehicle or to the property of any third party caused deliberately or recklessly by You, any other driver of the Vehicle or any passenger carried during the Rental Period;
(vi) Reversing damage;
(vii) Damage to a Pantech box sides, roof and/or floor;
(viii) Damage to the tailgate lifters, rams, ramps and associated equipment;
(ix) Damage caused as a result of loading or unloading a truck, Ute or van or failing properly to secure a load;
(x) Damage or loss caused to the vehicle due to hail, flood, fire, storm, cyclone or other natural disasters where such damage exceeds the amount of the DRF;
(b) The cost of replacing, if lost or stolen, an Accessory and/or any part of the Vehicle including but not limited to all keys provided for and during the Rental Period; and
(i) a processing Fee in the circumstances described in clause 5(b);
(ii) a Dishonor Fee in the circumstances described in clauses 3; and
(iii) any other costs reasonably incurred by Ausfleet Rentals in enforcing its rights under these Terms and Conditions, including any fees or charges imposed by a third party on Ausfleet Rentals where You have refused or failed to pay any amount under these Terms and Conditions.
(c) Payments, fees and charges in connection with Your E-Toll Facility and Infringement Notices. Infringement Notices and Toll Invoices may be received by Ausfleet Rentals which relate to Your rental of a Vehicle. In the event an Infringement Notice and/or toll invoice is received, Ausfleet Rentals will:
(i) advise the relevant authority that You were the driver of the Vehicle at the time of the infringement/toll invoice. The authority will issue the Infringement Notice/Toll Invoice to You.
(ii) charge You an infringement administration fee of $ 36.30 (inclusive of GST) for each Infringement Notice received which will reimburse Ausfleet Rentals for the administrative costs (in whole or part) incurred in the processing of the Infringement Notice.
(iii) charge You a toll administration fee of $ 16.50 (inclusive of GST) for each Toll Invoice received which will reimburse Ausfleet Rentals for the administrative costs (in whole or part) incurred in the processing of the Infringement Notice.
(a) For the purposes of this clause 8.4 ‘Recovery Costs’ means, in relation to the loss to or damage to, the Vehicle;
(i) any appraisal fees;
(ii) any towing, storage and recovery costs; and
(iii) an administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
(b) If clause 8.1, 8.2 or 8.3 applies, You must pay to Ausfleet Rentals, or Ausfleet Rentals may debit Your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending Ausfleet Rentals’ assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to Your right to a refund under clause 8.5(b).
(c) For the purposes of calculating any refund under clause 8.4(b), Ausfleet Rentals will add the Recovery Costs to a number of the costs of damage and repair to the Vehicle.
(d) If clause 8.3 applies, and if the total of the Recovery Costs and the costs and fees that You must pay under clause 8.3 is greater than the Excess Amount (with the difference being the ‘Gap Amount’), You must pay to Ausfleet Rentals, or Ausfleet Rentals may debit Your Account with, the Gap Amount.
(a) Where You are required to pay Ausfleet Rentals under this clause 8, the amount You must pay for any loss, damage, repair, cost or fee:
(i) May be reasonably determined by Ausfleet Rentals; and
(ii) In relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
(iii) If the amount determined by Ausfleet Rentals and paid by You under this clause 8.5 exceeds the final cost of the loss, damage or repair, Ausfleet Rentals will refund the difference to You.
(iv) Ausfleet Rentals will provide details to You of the final cost of the loss, damage or repair on request by You.
8.6 Where the Vehicle is a tipper truck or hook lift truck You agree you have had a reasonable opportunity to inspect the condition of each tyre on the Vehicle and that You are satisfied of the conditions of each tyre such that any damage to any of the tyres during the Rental Period is not to be attributed to normal wear and tear.
9. CLAIMS AND PROCEEDINGS
9.1 Where the use of the Vehicle by You, an Authorised Driver, Company, or any other person results in an accident or claim (‘Incident’), or where damage or loss is sustained to the Vehicle or the property of any third party, You must ensure that You or any Authorised Driver:
(a) promptly reports the Incident to the local police (if required by law);
(b) promptly reports the Incident in writing to Ausfleet Rentals;
(c) not, without Ausfleet Rentals’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident;
(d) permits Ausfleet Rentals or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name in relation to the Incident;
(e) permits or ensures that Ausfleet Rentals may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Ausfleet Rentals in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Ausfleet Rentals; and
(f) completes and furnishes to Ausfleet Rentals within a reasonable time any statement, information or assistance which Ausfleet Rentals or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
9.2 Ausfleet Rentals will meet Your reasonable out-of-pocket expenses in complying with clause 9.1(e) or 9.1(f).
9.3 If you do not comply with clause 9.1(b), and Ausfleet Rentals is unable to investigate the Incident, Ausfleet Rentals will debit all Rental Charges to Your Account pending receipt of Your report about the Incident.
10.1 At the end of the Rental Period or on demand, You must pay Ausfleet Rentals:
(a) All Rental Charges;
(b) Any amount paid or payable by Ausfleet Rentals or You to any person arising out of Your use of the Vehicle or imposed on You or Ausfleet Rentals by any government or other competent authority;
(c) The replacement cost (as reasonably determined by Ausfleet Rentals) for a lost or stolen Accessory; and
(d) any amount for which You are liable to Ausfleet Rentals under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. Ausfleet Rentals will provide details to You of any amount payable under this clause 10.1.
10.2 Each Rental Charge calculated and invoiced to You at the time of the return of the Vehicle or extension is subject to subsequent verification by Ausfleet Rentals. If a Rental Charge is to be adjusted, Ausfleet Rentals will provide details to You if Ausfleet Rentals has Your contact details.
10.3 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day’s rental at the ‘daily rate’ shown on the Rental Agreement (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
10.4 Distance charges are measured from the Vehicle’s odometer out date to the Vehicle’s odometer in date.
10.5 You irrevocably authorise Ausfleet Rentals to charge any and/or all amounts in one or several transactions payable to Ausfleet Rentals under the Rental Agreement to Your Account (including Nominated Card) at Ausfleet Rentals’ sole discretion and at any time without notification to You.
10.6 If You pay Your Rental Charges by a Nominated Card, or have otherwise provided a Nominated Card, You:
(a) acknowledge that it may take up to 7-10 business days for Your financial institution to release any amount which has been authorised by that institution at the request of Ausfleet Rentals under clause 10.5 which is in excess of Your Rental Charges; and
(b) authorise Ausfleet Rentals to use the Nominated Card to meet Your payment obligations under these Terms and Conditions; and
(c) authorise Ausfleet Rentals to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable; and
(d) agree to Ausfleet Rentals charging the amount of Tolls and Fees from the Nominated Card as soon as practicable after the relevant Tolls and Fees are incurred or, where applicable when Ausfleet Rentals is notified by a toll road operator.
10.7 If there are insufficient funds available in the Nominated Card to meet Your payment obligations under these Ausfleet Rentals Terms and Conditions or a transaction on the Nominated Card is declined for any reason, You:
(a) will be charged a Dishonour Fee ($1.50 + GST) by Ausfleet Rentals; and
(b) (or, if relevant, the Nominated Card Holder) may be charged fees, charges and interest by your financial institution or, if relevant, the financial institution of the Nominated Card Holder.
(c) must ensure that You immediately provide Ausfleet Rentals with details for an alternative Nominated Card, which can be used to meet Your obligations under these Ausfleet Rentals Terms and Conditions, and an authority for Ausfleet Rentals to debit the alternative Nominated Card, if:
(i) the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
(ii) the existing Nominated Card Holder cancels your authorization to use the existing Nominated Card; and
(d) acknowledge and agree that if you fail to pay any Rental Charges including but not limited to Tolls, Fees or Infringement Notices as required by these Terms and Conditions, Ausfleet Rentals may refer that failure to a Credit Reporting Agency and may also use your personal information to nominate You directly – you irrevocably agree to this; and
(e) agree to per day loss of revenue fee based on the actual and estimated downtime of the Vehicle If you have breached the Rental Agreement.
10.8 Ausfleet Rentals will pay, within a reasonable time, any refund due to You by such method as Ausfleet Rentals may reasonably choose.
10.9 If You fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the amount with Ausfleet Rentals being unable to charge the Account (credit or debit card) for whatever reason, You must also pay Ausfleet Rentals:
(a) interest at 10% per annum (compounded daily) on the amount from the expiry of 7 days from the date on which You were required to pay the amount to the date of payment; and
(b) on and as demanded, Ausfleet Rentals’ Collection Costs including interest on Ausfleet Rentals’ Collection Costs calculated in accordance with clause 10.8(a) from the date of demand.
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 Subject to clauses 6.2 to 6.6 (inclusive) and 10.3, You may terminate the Rental Agreement at any time by returning the Vehicle to Ausfleet Rentals.
12. PROPERTY IN VEHICLE
12.1 Unless Ausfleet Rentals or an Ausfleet Rentals employee acting in the course of their employment is negligent, Ausfleet Rentals is not liable to any person for any loss of or damage to any property:
(a) Left in the Vehicle after its return to Ausfleet Rentals; or
(b) Stolen from the Vehicle or otherwise lost during the
(c) In addition to clause 12.1 (a) and (b) Ausfleet Rentals gives no express or implied warranty except those by the Competition and Consumer Act 2010 or any other law as to the condition of the Vehicle, but nothing herein restricts the Hirer from his or her rights and remedies under those laws. Where those laws permit Ausfleet Rentals to limit liability for breach of implied condition or warranty, Ausfleet Rentals limits liability to replacement, repair or resupply. In particular, Ausfleet Rentals is not liable for any indirect or consequential loss or damages including perishable, fragile, rare or obscure, or refrigerated goods.
13. PERSONAL PROPERTY SECURITIES LAW
13.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) – financing statement, interested person, register, proceeds, security agreement and security interest.
13.2 You acknowledge that:
(a) by renting the Vehicle from Ausfleet Rentals, You may be granting a security interest in the Vehicle (and any proceeds) to Ausfleet Rentals, and that this Rental Agreement may constitute a security agreement;
(b) any security interest arising under this Rental Agreement attaches to the Vehicle when You obtain possession of the Vehicle and not at any other time, and
(c) Ausfleet Rentals may perfect its security interest by lodging a financing statement on the PPSA register.
13.3 Ausfleet Rentals does not need to give You any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
13.4 You must do anything reasonably required by Ausfleet Rentals to enable Ausfleet Rentals to register its security interest, with the priority it requires, and to maintain the registration.
14. SUBROGATION (FOR “NOT AT FAULT” RENTALS ONLY)
14.1 Subrogating the rights of the Hirer to Ausfleet Rentals includes inter alia:
(a) The right of Ausfleet Rentals or its agent to correspond with the third party and its insurers and commence proceedings in Your name with you doing all things necessary to assist (including but not limited to executing documents).
(b) The right of Ausfleet Rentals or its agent to collect all money owing under clause 10.
(c) The right of Ausfleet Rentals or its agent to keep and apply all monies recovered to the satisfaction of the rental charges owing under clause 10.
(d) If the car hire charges are paid directly to You by any kind of agents, in consideration of the vehicle being provided to You, You will reimburse the full amount to Ausfleet Rentals within 1 business day. Ausfleet Rentals reserves the right to charge interest at 10% per annum (compounded daily) for non-reimbursement to Ausfleet Rentals within 1 business day of any hire Vehicle costs directly paid to You directly instead of Ausfleet Rentals.
(d) The right to obtain all information on behalf of the Hirer that may reasonably necessary to recover the car hire charges.
(e) You understand that the rental vehicle is being provided on credit and rental charges apply pursuant to clause 10 as the rental Vehicle is not free of charge with Ausfleet Rentals attempting to recover the rental charges.
15.1 The Company agrees to be jointly and severally liable with You as Guarantor, for Your obligations arising out of the Agreement and all fees and charges payable under clause 10 and subclause contained therein.
15.2 The Company Guarantor irrevocably agrees that Ausfleet Rentals will have an obligation to also report the Company to a credit reporting agency should You fail to abide by the Agreement (For example, if You fail to pay the rental monies on time or damages the vehicle, Ausfleet Rentals has no duty to warn or inform the Company, and may demand that the Company pays for Your outstanding fees and charges under clause 10 and subclause contained therein).
15.3 The Company further agrees that if any action, suit, matter or proceeding is brought to enforce Ausfleet Rentals right to collect part or all fees and charges payable by You under clause 10 and subclauses contained therein, the Company will identify Ausfleet Rentals and pay all costs, expenses and reasonable recovery/legal fees incurred by Ausfleet Rentals.
16. PRIVACY NOTICE
ABOUT AUSFLEET RENTALS
Ausfleet Rentals 82 610 981 578 is located at PO BOX 5092, CLAYTON VIC 3168 or 3 Prestige Drive, Clayton South VIC 3169.
WHAT AND HOW IS PERSONAL INFORMATION COLLECT?
When you rent a vehicle from Ausfleet Rentals, we need to collect certain information from you, The service you use will determine what information we collect from you, That information may include your name, contact details, date of birth, driver’s Licence number, payment details, referees, company name and employee number,
We may collect information about you from you or through a travel agent, a corporate program, your representatives, one of our partner programs or a credit reporting body, We may also use electronic tools to monitor the location, usage and servicing of your vehicle, including your speed, time, fuel consumption, distances travelled and current and previous locations visited,
We are required or authorised to collect some personal information under laws such as the Road Safety Act (VIC).
If we are unable to collect your personal information, this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would normally expect from us,
Where you provide us with personal information about someone else you must have their consent to provide their personal information to us based on this notice,
HOW MY PERSONAL INFORMATION IS USED OR DISCLOSED BY AUSFLEET RENTALS?
We may use and disclose your personal information for the following purposes:
- We use your personal information to:
- provide the services that you request;
- do all things necessary to administer those services;
- research, develop, manage, protect and improve our services and vehicles; communicate with you regarding your vehicle, safety, arrangements with us and other matters;
- investigate, prevent and deal with fraud, unlawful activity and breaches of our agreement with you;
- conduct customer satisfaction surveys and inform you of improvements to our services; and
- maintain and develop our software and other business systems,
Disclosure to third parties
We may disclose your personal information to third parties around the world including:
- other members of the Ausfleet Rentals Group;
- your company or organisation if you use our services under a corporate account;
- one of our program partners, if you are a member of their frequent traveller program and you, have asked us to send them details of your Rental Agreement with us;
- credit card providers
- credit reporting agencies (see ‘Payment default’) and fraud checking agencies;
- debt collection agencies, if you default in the payment of amounts owed to us;
- councils, government and private organisations responsible for the processing of traffic-related infringements or the payment of road and traffic tolls;
- in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;
- driver licensing authorities; and
- government, regulatory and law enforcement agencies where the disclosure is required or authorised by law,
Use or disclosure for direct marketing purposes
We may use and disclose your personal information to offer you products and services provided by the Ausfleet Rentals, We may also use your personal information to offer you products and services provided by companies participating in Ausfleet Rentals partner programs. We may continue to provide these offers to you by email, telephone or any other form of communication until you opt out.
If you have any privacy questions or concerns or wish to exercise your right to access or correct your personal information (subject to exceptions under privacy laws), you can contact our Privacy Officer as follows:
By mail: PO BOX 5092, CLAYTON VIC 3168
By telephone 1300 AUSFLEET
By e-mail: firstname.lastname@example.org