TERMS AND CONDITIONS OF HIRE

This is an Agreement between the Hirer (“You”) and the Company (“Us” or “The Company”), identified on the Rental Agreement, to rent the motor vehicle (“The Vehicle, trailer, camper or accessory") described on the Rental Agreement including all its accessories, tools, tyres and equipment as well as any replacement vehicle. (The “Hirer” means “You” who is the person/s and/or the company named on the Rental Agreement as The Hirer and/or any person/s and/or any company who provides us with a Credit Card Letter of Authority, or a verbal or written order). You acknowledge the Vehicle is delivered to You in good operating 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, time and place specified on the Rental Agreement or sooner, if demanded by the Company. The Company may take possession of the Vehicle without prior demand to You and at Your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned. If the seal of the odometer is broken, or otherwise tampered with, You will be responsible for not only an extra charge based on 500 klms per day at 50c per kilometre, but also 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 You must apply to the Company before the current due date/time has expired and it must agree to such an extension. If an extension is not granted then the vehicle must be returned as demanded by the Company. Authorisation for a rental extension will only be granted based on availability of the vehicle. Authorisation for a rental extension will only be granted when full payment is made in full for all extended period. Un-authorised/un-notified hire extensions are subject to a daily penalty fee being charged which is equal to and in addition to the daily hire rate noted on the Rental Agreement. Penalty charges apply until the return of the vehicle and keys.

Payment Details – The Credit Card owner must be present in person at the time of pick up with the Credit Card and photo I.D. The maximum amount we can charge online or by phone is $50. We only accept Visa, MasterCard or AMX. Visa and MasterCard ‘Debit Cards’ may require a deposit and are only accepted for certain vehicles, enquire for details. Full payment is required before we will release the vehicle (Unless you already operate an approved Trading Account with us). Note- We have a no refund policy for early return of pre-paid rentals. AMX card attracts a 2% fee. We Do Not Accept any of the following - Savings &/or CHQ account cards, Cash, Cheque, Load &Go cards, Visa/MasterCard pre-paid or gift cards of any type, or any card that does not have an individual person’s name printed on it including any organisation’s card without an individual’s name printed on it.

1. Persons who must not drive the Vehicle

2. Circumstances where the Vehicle must not be Used

3. Charges and obligations of the Hirer/Joint Hirer/Authorised Driver

4. Damage and/or Loss Cover

5. PPSR Law

6. General Provisions

7. Privacy Policy

8. Trailers

9. Cancellation Policy

Cancellations made with at least 48 hours’ notice (or 72 hours for trucks/buses/specialty vehicles) will not attract a cancellation fee. We will hold your reserved vehicle for 2 hours after the booking time noted on the booking confirmation or until we close, whichever comes first If you cancel your reservation without giving Us the required notice time, if you don’t arrive within 2 hours of the booking time, if you don’t show up at all or you arrive after we have closed you will forfeit any deposit paid as a cancellation fee or if no deposit was paid we will charge a sum equal to 20% of the booking value to the credit card you have supplied to us as a cancellation fee. Note - Bookings accepted for Lovedale Weekend will require full payment at the time of booking and a refund will only be given if the entire event is cancelled. If you cancel for any other reason no refund will be given. We have a no refund policy for early return of pre-paid rentals.

 

10. Road Tolls


Roads and Maritime Services

 

ROADS AND MARITIME SERVICES TERMS AND CONDITIONS

Roads and Maritime Services (ABN 76 236 371 088) (RMS), through Rental Co as RMS’ agent, offers an E-Toll Facility to You on these RMS Terms and Conditions which comprise: • the RMS E-Toll Facility Terms and Conditions; and • the RMS Privacy Consent and Agreement.

RMS E-TOLL FACILITY TERMS AND CONDITIONS
1. Your E-Toll Facility

2. Payments, fees and charges in connection with Your E-Toll Facility

3. Payment methods and authority

Payment by Nominated Card

Payment by RMS Trading Account Holder

4. Errors in charging Tolls and Fees

5. E-Toll Facility Transaction Summary

6. Lost, stolen or malfunctioning Tags

7. GST

8. General

9. Definitions

In these RMS Terms and Conditions, except where the context otherwise requires:
“Authorised Driver” means each authorised driver or representative specified in Your Rental Agreement.
“Authorised Representative” means an individual who is 18 years or older and who is authorised by You to use and access Your E-Toll Facility.
“Credit Reporting Agency” means a corporation that carries on a credit reporting business.
“Dishonour Fee” means a fee of $1.15.
“Electronic Tolling Lane” means a Tolling Lane which is designated as permitting the payment of Tolls by electronic means.
“E-Toll Facility” means the facility described in clause 1(a).
“E-Toll System” means the entire system relating to electronic tolling operated by RMS, any operator of a toll road or any Tag Issuer or Pass Issuer.
“Fees” means each of the fees and costs (and any taxes applicable to them) described in clauses 2(a)(ii) - 2(a)(v) inclusive of these RMS Terms and Conditions.
“GST” has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Nominated Card” means a valid credit card or MasterCard or Visa branded debit card nominated by You as the source of payment for all Tolls and Fees.
“Nominated Card Holder” means a person other than You who holds a Nominated Card.
“Pass Issuer” means a toll road operator that uses the E-Toll System and issues, or an entity that does not operate a toll road but issues, passes or other electronic or video tolling products for the purpose of the E-Toll System.
“Processing Fee” means in relation to a Transaction Summary delivered: (a) by mail, a fee of $5.00; or (b) by email, a fee of $2.20.
“Rental Agreement” means the agreement entered into between You and Rental Co comprising the documents titled “Rental Agreement”, “Rental Contract Terms & Conditions and information” and “Vehicle Damage Report”.
“Rental Co” means Carljohn Pty Limited ABN 73 134 351 974.
“RMS Terms and Conditions” means these Roads and Maritime Services Terms and Conditions which comprise the “RMS E-Toll Facility Terms and Conditions” and the “RMS Privacy Consent and Agreement”.
“RMS Trading Account Holder” means the person with whom the RMS Trading Account has been established.
“Service Fee” means a fee of $3.30.
“Tag” means the RMS device installed in the Vehicle to enable the payment of Tolls by electronic means.
“Tag Issuer” means a toll road operator who uses the E-Toll System and issues tags, or an entity that does not operate a toll road but issues tags for the purpose of the E-Toll System.
“Toll” means all toll charges or other fees and charges imposed by the operator of a toll road for, or taxes payable in respect of, each Trip taken by the Vehicle during the period in which You have hired the Vehicle.
“Tolling Lane” means a lane on a toll road at a toll collection point.
“Tolls and Fees” means all Tolls and Fees and any other payments, amounts or charges referred to in these RMS Terms and Conditions.
“Transaction Summary” means a summary of the transactions (including the Tolls and Fees incurred) on Your E-Toll Facility.
“Trip” means the driving of a Vehicle past a toll collection point.
“Vehicle” has the same meaning given to that term in Your Rental Agreement.
“You” or “Your” refers to the person(s) who have agreed to be bound to these RMS Terms and Conditions and with whom the Rental Agreement is made.

10. Interpretation

RMS PRIVACY CONSENT AND AGREEMENT

RMS is required to comply with Privacy Laws and other road transport, driver licensing and vehicle registration legislation when dealing with any Personal Information, including E-Toll Information.
This RMS Privacy Consent and Agreement contains consents and promises from You in relation to E-Toll Information collected from You and from third parties to enable RMS and others to collect, use and disclose it for Permitted Purposes. You are not required by law to provide E-Toll Information to RMS, but if You do not, RMS will not be able to provide the E-Toll Facility to You. Your Personal Information will be held by RMS at Level 3, Octagon Building, 99 Phillip Street Parramatta or at any new or additional address or addresses disclosed in RMS’ privacy policy from time to time.
RMS’ privacy policy, which explains RMS’ privacy practices including how to make an application to access or correct information about You or a complaint, and RMS’ complaints handling processes, is available at: http://rms.nsw.gov.au/gipa/privacy/index.html or (02) 8588 4981.

Consents given by You

1. In exchange for RMS providing the E-Toll Facility, You consent to and authorise:

Promises made by You

2. You promise that:

Definitions

“Agreement Number” means a unique agreement number provided to You by Rental Co or by RMS in connection with the Rental Agreement.
“Associated Contractors” means RMS’ suppliers, agents, distributors and contractors in relation to any Permitted Purposes.
“Authorised Information Recipient” means RMS, Rental Co, Your RMS Trading Account Holder and each Authorised Driver, Authorised Representative and Intended Recipient.
“Clearing House” means any person who operates a clearing house for operators of toll roads, or Tag Issuers or Pass Issuers or any combinations of these.
“E-Toll Information” means any information relating to You or Your E-Toll Facility, Vehicle, the location of a Tag or Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at toll roads. E-Toll Information may include Personal Information about:
(a) You; or
(b) any Individual,
including a name, address, phone number, email address, drivers licence number, date of birth, Vehicle hire and usage information, billing or financial information, Rental Agreement, Nominated Card, Rental Co Trading Account, RMS Trading Account and other Personal Information contained in video and/or camera surveillance of toll roads for traffic management or toll violation enforcement purposes conducted by RMS or obtained by RMS from third parties.
“Individual” means any individual, including any Authorised Driver, Authorised Representative, Nominated Card Holder and RMS Trading Account Holder.
“Intended Recipients” means the following parties both within and outside NSW: (i) Credit Reporting Agencies; (ii) Associated Contractors; (iii) Tag Issuers; (iv) Pass Issuers; (v) any bank, financial institution or Clearing House; (vi) RMS’ professional advisers including legal advisers, accounting advisers and other professional advisers; (vii) driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents; (viii) owners and other operators of toll roads; and (ix) persons providing services to any of the entities set out in (i) to (viii).
“Permitted Purposes” means any one or more of:

“Personal Information”means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is reasonably identifiable from the information or opinion and any other information subject to the Privacy Laws.
“Privacy Laws” means the privacy laws which apply to RMS from time to time, including the Privacy and Personal Information Protection Act 1998 (NSW) for so long as it applies to RMS and any other current or future legislation, mandatory codes and policies relating to the handling of Personal Information which apply to RMS. Other capitalised terms in this RMS Privacy Consent and Agreement have the meaning given in the RMS E-Toll Facility Terms and Conditions. Clause 10 of the RMS E-Toll Facility Terms and Conditions applies to the interpretation of this RMS Privacy Consent and Agreement.


Newcastle Car & Truck Rental January 2017

 

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