Terms & Conditions
This is an agreement between You, the renter named on the rental agreement and City Centre Car Rentals (CityCar) for the rental of the vehicle (or replacement vehicle) described on the Rental Agreement, all tools and accessories included. “The rental period” shall refer to the period described as the rental start date/ time to the expected return date/ time on Rental Agreement.
VEHICLE RENTAL CONDITION AND RETURN
The vehicle is handed over to You in good condition and running order with the odometer seal unbroken. You agree to return the vehicle in same condition (except for ordinary wear and tear, and damage present before the hire noted on Rental Agreement) including all tools and accessories to the location stated on Rental Agreement and on the date there stipulated. CityCar has the right to seize the vehicle without request and at your expense, if it is parked illegally, apparently abandoned, or used in violation of this agreement and/or the law. If the odometer seal is broken the responsible persons will be reported to the relevant authority and you will be responsible for additional charges based on 500 kilometres per day at 50 cents per kilometre.
If CityCar has not agreed to any extension of the rental period specified on Rental Agreement before the return date, and You fail to return the vehicle within 5 hours of the end of the rental period, You will be deemed to have stolen the vehicle and the vehicle will be reported stolen. CityCar will take all necessary steps to regain possession of the vehicle, including police action and nationwide circulation of personal details with photographs.
If CityCar has chosen to terminate the rental agreement due to breach of terms, warranties and conditions, or late payment outstanding for more than 30days, and You fail to return the vehicle within 24 hours of termination of rental agreement, You will be deemed to have stolen the vehicle and the vehicle will be reported stolen and CityCar will take all necessary steps to regain possession of the vehicle, including police action and nationwide circulation of personal details with photographs.
Important Note: All joint drivers are mutually and individually responsible under this agreement.
1. WHO MAY DRIVE THE VEHICLE
- Only You and the person(s) named as joint drivers on the agreement.
- You warrant that you and the joint drivers are at least 21 years old, hold current valid driver’s licenses, have held a driver’s license for longer than 1 year, and have not suffered a driver’s license disqualification/suspension within the past 3 years.
- You warrant that you and the joint drivers blood alcohol concentration do not exceed the lawful percentage.
- You warrant that all driver(s) details provided to CityCar on Rental Agreement are true.
2. UNALLOWED AND PROHIBITED USE OF THE VEHICLE
- Outside the area of use restriction stated on the agreement.
Outside 500km radius of Perth (where Remote Area Option not selected).
ii. No further than EXMOUTH, SANDSTONE, LEONORA, KALGOORLIE and ESPERANCE (where Remote Area selected).
- On unsealed roads, off-road conditions or sealed roads covered in unsafe substances.
- To carry persons or convey load for commercial reasons, or to carry any toxic or dangerous substances, wildlife or animals.
- To carry any more load and/or persons than is lawful, or use in a way or for a purpose other than for which the vehicle was designed and built.
- To propel or tow any vehicle, trailer, boat or other object unless CityCar has authorised such use in writing.
- For racing or pacemaking, reliability or speed trials, hill climbing, or being trialled for those means.
- In an unsafe manner, driving without due care or disobedience of local traffic rules.
- In violation of any law or regulation governing vehicular traffic or for any illegal purpose.
3. IN THE EVENT OF AN ACCIDENT OR DAMAGE TO THE VEHICLE AND IF THE VEHICLE BREAKS DOWN, YOU HAVE THE FOLLOWING OBLIGATION UNDER THESE AGREEMENTS.
- To contact CityCar and Police as soon as reasonable possible but within 24 hours of the accident, breakdown or damage to the vehicle.
- Not leave the scene of an accident until Police arrive.
- Not have the car towed, without permission of CityCar.
- Not to abandon the vehicle unless specifically permitted to by CityCar.
- To make your best effort to obtain the names and addresses of other parties involved in the accident and supply the information to CityCar upon completion of the accident report form.
- You are not to authorize any persons to carry out any repair what-so-ever without prior approval from CityCar.
- If the vehicle breaks down and cannot be restored to running conditions, CityCar will supply a replacement vehicle subject to availability of a vehicle.
- You have an obligation under this agreement not to abandon the vehicle if it breaks down. Your responsibility for the vehicle as defined under the terms of this agreement is retained until CityCar or their authorised agent (for example a tow-truck operator authorised by “CityCar”) takes possession of the vehicle.
- CityCar cannot accept any responsibility for any loss or damage suffered by You as a result of delay caused by the breakdown of the vehicle.
4. FINANCIAL OBLIGATIONS
It is Your responsibility for and by entering the hire agreement, you authorise CityCar specified on the agreement to debit the debit/credit card provided with the following charges (and You will make payment on demand any outstanding amount).
- All rental charges stated on Rental Agreement.
- A minimum call-out fee of $80 will be charged for each roadside assistance service.
- A $30 administration fee and all fees claimed from CityCar regarding parking or any other traffic infringements incurred during the hire period or until such later time as the vehicle is returned to CityCar.
- All costs for repairs to the motor vehicle (including loss of use), Third Party Damages, assessment fees, legal expenses, towing, recovery and storage, and company service fees where:
- any term/condition of this agreement or any specified condition on Rental Agreement has been breached;
- any damage on the vehicle excluding damage present before the hire noted on Rental Agreement and vehicle inspection report;
- the vehicle is left unlocked or You have left the key in the vehicle, unsecure or beyond Your personal control;
- the underside of the vehicle is damaged whatever the cause when there is no other vehicle involved;
- the vehicle is partially or totally submerged in water whatever the cause;
- professional cleaning, deodorising and repairing is required for damage to the interior of the vehicle whatever the cause;
- the tyres of the vehicle are lost or damaged apart from normal wear;
- the vehicle or any other property is damaged by driving the vehicle under or into any object of same or lower height than the vehicle, or damage by placing objects on the vehicle’s roof;
- any damage or loss caused to the vehicle through hail or storm
- any damage or loss to the vehicle deliberately caused by You or by You using the vehicles in a dangerous or reckless manner.
- the vehicle or third-party property is damaged due to loading or unloading (except normal wear), or You failing to properly secure any load or appliance;
- the GPS or child seat hired to You is damaged;
- rectify Your failure to maintain essential fluid and fuel levels or failure to immediately inform CityCar and any defect You become aware of;
- CityCar has suffered damage or loss, directly or indirectly due to You providing incorrect information, or participating in any fraudulent activity, in relation to Your vehicle hire or Your dealings with any authority or law enforcement officer during the period of Your hire, and CityCar reserves the right to recover a sum from You in respect of such losses.
- Failure to comply with clause (3) will result in loss of Your indemnity, if any against the cost of repair of the damage to the vehicle.
Note: If You have made payment by using a credit card or have directed CityCar to invoice charges to another person, firm, corporation or organization who or which fails to make payment when due, it is Your responsibility to immediately pay in full the amount due to the Company on demand.
5. DAMAGE COVER
- CityCar will grant a damage cover (including legal fees incurred with the City Car’s consent) for Your benefit in respect of damages to the vehicle or third-party damage apart from any property owned by You (or any relative, friend, passenger or associate) or in Your legal or physical control, if You act within the terms and conditions of this agreement. This cover is subject to:- Your payment to CityCar of the Excess/Damage Loss Liability Charge stated on Rental Agreement.
– You not having acted or having caused any other person to have acted in any manner which is in violation of this agreement including the special conditions onRental Agreement.
– You not being covered under any insurance policy.
– Your provision of such information and assistance as may be requested and, if necessary, authorizing CityCar insurer to bring, defend or settle legal proceedings, but the Company shall have the sole conduct of the proceedings.
– Your provision of such information and assistance as may be requested and, if
necessary, authorizing CityCar insurer to bring, defend or settle legal proceedings, but the Company shall have the sole conduct of the proceedings.
- At the commencement of the rental and at additional cost You may purchase: Collision Damage Waiver/ Premium Damage Cover which reduces the Damage Loss Liability/ Excess Charge payable by You to the amount shown in the Rental Agreement.
- You must pay an amount up to the Damage Loss Liability/ Excess Charge stated on the Rental Agreement for each separate claim if there has been damage to the vehicle, theft of the vehicle or damage to third party property. Unless CityCar agree that You were not at fault and the other party’s insurance company accepts liability and agrees to pay CityCar for the loss.
6. IF THE VEHICLE IS STOLEN
- If the vehicle is stolen, You are liable to pay the excess as endorsed on Rental Agreement. You are indemnified against any further cost of the loss unless:
– You fail to report the loss as soon as reasonably possible to the local police and CityCar.
– You had abandoned the vehicle without permission from CityCar.
– You left the vehicle unlocked or You left the vehicle with the keys in it.
- In case of 6(i), 6(ii), 6(iii), You will be liable for the total cost of the loss.
- CityCar will not accept any responsibility for any loss of personal property from the vehicle.
7. GENERAL PROVISIONS
- You will promptly report to CityCar office (where the vehicle was hired) any accident, damage or loss involving the vehicle while rented under this agreement, and will deliver to CityCar immediately, every summons, complaint or paper in relation to such loss. Compliance with this does not excuse the hirer from reporting all incidents to police or other proper authorities.
- You release and hold harmless CityCar (and its agents and employees) from all claims for loss or damage to Your personal property, or that of any other persons property left in the vehicle, or which is received handled or stored by CityCar at any time before, during or after Your rental period, whether due to the Company’s negligence or otherwise.
- CityCar may monitor the car with a tracking device.
- Except as provided by law, no driver or passenger in the vehicle shall be deemed to be the agent, servant or employee in any manner for any purpose whatsoever.
- CityCar gives no express or implied warranty as to any matter whatsoever, including without limitation, the condition of the vehicle and equipment, its merchantability, or fitness for any particular purpose.
- No right of CityCar under this agreement may be waived except in writing by an officer of the Company.
- Words used in the agreement to denote any gender shall include all genders, singular words include the plural.
- No refunds if contract is breached or returned early.
Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the vehicle, including a Commercial Vehicle, described in the Rental Agreement and includes its components, accessories, tools, tyres and equipment and any replacement vehicle.
CityCar, Owner means Hobiz Pty Ltd trading as City Centre Car Rentals ABN 15 608 739 608.
You, Your means the person that rents the Vehicle from CityCar whether it is an individual, a firm or a company and includes any person CityCar have authorised to drive the Vehicle prior to the commencement of the rent.
The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the vehicle is returned with less fuel, the difference will be charged at a rate which may include a service component, unless prior arrangements have been made and noted in the agreement.