Car Rental Agreement Darwin

1. Vehicle Condition and Return:

1.1.1 You acknowledge the vehicle is delivered to you in good condition with the seal of the odometer unbroken. You agree to return the vehicle in the same condition (except for ordinary wear and tear — not including windscreen or tyre damage), together with its tools, tyres, accessories and equipment on the date specified on the Rental Agreement (or sooner, if demanded by the Company). The motor vehicle must be returned to 89 Winnellie Road, Winnellie, NT.

The Company may take possession of the vehicle without prior demand to you and at your expense if there has been any breach of any terms or conditions of this Agreement or if the vehicle is illegally parked, in violation of the law or is abandoned. If the seal of the odometer is broken, or otherwise tampered with, you will be responsible for any cost of repairing or replacing the odometer.

NOTE: If there is to be any extension of the period of hire beyond that stated on the Rental Agreement,  permission must be sought from us, otherwise the Vehicle will be immediately reported to the police as stolen.  You would be liable for any losses incurred to us by your late return of the vehicle. Vehicles returned prior to  cessation of hire term will not be eligible for refund.

A charge of $900 applies in case your rental car keys are lost.

All bookings come with 250km mileage included for each day of the booking, unless an exception has been  made. Charges of 30 c/KM apply for distances driven above the included mileage.

 

2. Persons who must not drive the Vehicle

2.1.1 A person who is not identified on the Rental Agreement as either the Hirer, Joint Hirer or Authorised Driver.

2.1.2 A person who is not licensed to drive the hired class of vehicle.

2.1.3 A person whose blood alcohol concentration exceeds the legal limit while driving the vehicle.

2.1.4 A person who is driving the vehicle while under the influence of drugs.

2.1.5 A person who has given, or for whom you have given, a false name, age, address or driver’s licence details.

2.1.6 A person whose driver’s licence has been cancelled, endorsed, or suspended within the last three years.

2.1.7 A person who has held a driver’s licence for any class of vehicle for less than three years.

2.1.8 A person who uses or intends to use the vehicle for an illegal purpose.

2.1.9 A person under the age of 21, or under 25 if the vehicle is a 4-wheel drive. The Company may refuse to provide or remove a vehicle if the driver is deemed incapable.

3. Circumstances where the vehicle must not be used

3.1.1 Outside any city limits between dusk and dawn.

3.1.2 Through streams, rivers, creeks, dams and floodwaters.

3.1.3 On unsealed roads or off-road conditions, unless authorised in writing on the Rental Agreement (additional charges may apply).

3.1.4 For carrying persons for hire or transporting inflammable, explosive or corrosive materials.

3.1.5 For pushing or towing any object unless authorised in writing.

3.1.6 For carrying a greater load or more passengers than the vehicle was designed to carry.

3.1.7 For commercial purposes without prior consent.

3.1.8 To carry animals, unless authorised or noted under “Special Conditions”.

3.1.9 For racing, pace-making, reliability trials, speed trials, hill climbing, or vehicle testing.

3.1.10 On any beach.

3.1.11 In the snow or above the snow line.

3.1.10 In a dangerous manner.

3.1.12 In breach of any road legislation or regulation.

3.1.13 Outside the Northern Territory, unless approved.

4. Damage Cover and additional charges

4.1.1 Provided you and/or the Authorised Driver comply with the terms of this Agreement, the Company grants damage cover in the event of a multi-vehicle accident, including legal costs (with written approval) for:

  • Damage to the rental vehicle
  • Damage to the other vehicle
  • Damage to third-party property (excluding property owned by you or in your control)

Cover is subject to:

  • (i) Payment of the agreed Insurance Excess
  • (ii) No breach of terms
  • (iii) Not being covered under your own insurance
  • (iv) Legal and safe use of the vehicle
  • (v) Full claim information being provided
  • (vi) Your cooperation with the Company or its representative

4.1.2 Damage Cover does not apply to:

  • I. Accessories (e.g. child seats, keys, remotes)
  • II. Your or passengers’ lost/stolen/damaged property
  • III. Property of your immediate family or business
  • IV. Third-party loss if using Customer Own Insurance
  • V. Any reason apart from damage to vehicles or third-party property

4.1.3 If you haven’t purchased excess reduction, the Company may deduct up to $5,500 in the event of:

  • Vehicle damage, theft or third-party loss

This may include:

  • Repairs
  • Transport
  • Admin costs
  • Loss of revenue (based on actual or estimated downtime)

Refunds depend on:

  • You not being at fault
  • Scope of damage
  • Submission of required information:
    • Name, address, licence, and contact of all involved parties and witnesses
    • Registration numbers
    • Incident description
    • Attending police names
    • Third-party insurer (if applicable)

4.1.4 If cover applies, the Company or its insurer may initiate or manage legal proceedings in your name or the Authorised Driver’s name.

4.1.5 You are fully liable for:

  • I. Overhead or underbody damage
  • II. Water/salt water damage
  • III. Damage due to unauthorised use
  • IV. Windscreen, window, tyre or accessory damage (excluding fair wear and tear)
  • V. Reckless or deliberate damage
  • VI. Replacing lost/stolen accessories
  • VII. Cleaning or odour extraction due to smoking
  • VIII. Admin fees for cleaning or smoke damage
  • IX. Revenue loss due to a breach that caused downtime

4.1.6 The Company may deduct reasonable charges from your card.

4.1.7 Damage cover does not entitle you to a replacement vehicle or reimbursements.

5. Obligations of the Hirer/Authorised Driver

NOTE the Hirer/Joint Hirer and Authorised Driver are jointly and severally liable for compliance with the Terms and Conditions of this agreement

By entering into this Agreement, you are responsible for and irrevocably authorise the Company to debit the credit card listed on the Rental Agreement (or any other provided) with the following charges:

5.1.1 The rental charges specified on the Rental Agreement.

5.1.2 All charges claimed by the Company for parking and/or traffic violations during the rental period or until the vehicle is returned.

5.1.3 All losses or damages to the vehicle (including loss of use), legal fees, towing, recovery, third-party damage, storage, and service charges where:

  • (i) Any Agreement term or condition has been breached
  • (ii) The vehicle is involved in a single vehicle incident, unless waived to the Single Vehicle Incident Liability amount (as listed in the Rental Agreement).
    A single vehicle incident = any impact not involving a fully identified third-party vehicle

A $5,000 excess may apply

  • (iii) You left the vehicle unlocked or keys inside
  • (iv) You operated the vehicle at night without authorisation
  • (v) You failed to keep the keys secure
  • (vi) The underbody is damaged (unless due to collision with another vehicle)
  • (vii) The vehicle is immersed in water (regardless of cause)
  • (viii) The interior is damaged (unless from another vehicle collision)
  • (ix) The tyres are damaged beyond normal wear and tear
  • (x) The vehicle is damaged by overhead collision
  • (xi) You failed to maintain fuel and fluid levels or report defects
  • (xii) You damaged the vehicle while loading/unloading
  • (xiii) You failed to secure a load or equipment
  • (xiv) You used the vehicle as an articulated vehicle without authorisation
  • (xv) The exterior is damaged (unless caused by another identified vehicle)

Wrong Fuel Penalty: Minimum charge of $5,000 — may equal full replacement cost
Lost Key Charge: $900

5.1.4 If a third party fails to pay for charges as directed by you (e.g. company, organisation), you remain liable and must pay immediately.
In addition, the Company may apply 18% interest p.a. (calculated daily) on overdue accounts.

6. General Provisions

6.1.1 You must promptly report any incident, damage or loss to the vehicle to the Company and also to the police or relevant authority.

You must deliver to the Company any legal correspondence relating to the incident.

6.1.2 You release the Company (and its agents and employees) from liability for:

  • Your property
  • Any third-party property left in the vehicle
  • Property handled or stored by the Company before, during or after the rental

Applies whether loss is due to negligence or not

6.1.3 You acknowledge the Company relies on the truth of your and the Authorised Driver’s representations in this Agreement.

6.1.4 You and the Authorised Driver must not refuse a blood or breath test requested by police.

6.1.5 No driver or passenger shall be considered an agent, servant or employee of the Company.

6.1.6 The Company offers no warranties other than those implied by statute (e.g. Trade Practices Act 1974).
Where liability can be limited, it is limited to:

  • Replacement
  • Repair
  • Resupply

The Company is not liable for any special, incidental or consequential damages.

6.1.7 Only an authorised officer may waive Company rights in writing.

6.1.8 Words used in this Agreement include all genders and singular includes plural.

6.1.9 GST, stamp duty or any government-imposed charge that applies will be recovered from you as part of your charges — in addition to any other quoted rates.

6.1.10 You acknowledge you are a bailee of the vehicle — you do not have ownership.
You must not:

  • Part with possession
  • Dispose of
  • Encumber or assign rights
  • Create a repair lien

6.1.11 You agree to indemnify the Company against any claim, loss or liability (including legal fees) from breach of this Agreement.

6.1.12 The Company has not represented itself as a provider of insurance.

6.1.13 You must not admit liability for any claim or loss.
If you do, it is considered a breach of this Agreement.

7. FUEL & DAILY MILEAGE

7.1.1 You are responsible for fuel used during the rental. The vehicle must be returned with a full tank. If not, the Company will charge the difference at a rate that may include a refuelling service fee, unless prior arrangements are made.

7.1.2 Using the correct fuel type is your responsibility. Using the wrong fuel may cause engine damage not covered by insurance.

8. Smoking

8.1.1 Smoking is strictly prohibited in all vehicles. Cleaning and deodorising charges apply.

9. Debit/Credit Card Policies

9.1.1 Alice Car Rental Darwin accepts debit/credit cards that:

  • (i) Are issued by a bank or financial institution
  • (ii) Display the Mastercard or Visa logo
  • (iii) Show the customer’s name and card number

9.1.2 Prepaid, stored-value, travel money or EFTPOS cards are not accepted at the beginning of the rental.

A valid debit/credit card must be presented.

EFTPOS may be used only at return for excess payment.

The same card used for online/phone booking must be presented at pickup.

9.1.3 A bond hold of $500–$1,500 will be placed on your account at the start of rental. Charges will also be debited for the hire amount.

9.1.4 On return, the bond hold will be released. Depending on your bank, this may take up to 10 business days. The Company is not liable for overdraft or timing issues related to bond release.

10. Important

10.1.1 The Company may cancel your booking at any time due to:

  • (i) Windscreen damage — replacements may take weeks

  • (ii) Vehicle theft

  • (iii) Parts unavailability in Darwin resulting in longer vehicle downtime

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