RENTAL TERMS AND CONDITIONS

This would form the basis of an Agreement between the prospective hirer/driver (you) and the East Coast Car Rentals (the Company) to rent a motor including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).

1. VEHICLE RENTAL CONDITION, USE AND RETURN

The vehicle is delivered to you in good operating condition and 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 DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on Page 1 of the rental agreement and on the date there specified (or sooner, if demanded by the company). The company make take possession of the vehicle without demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement, or if it is apparently abandoned. If the seal of the odometer is broken the persons responsible will be reported to the appropriate authority and you are responsible for extra charges based on 500 kilometres per day at 50c per kilometre. If the company deems the vehicle has travelled outside the area of use as stated on Page 1 of the rental agreement, an amount equal to the commensurate rack rate for the total hire, but not limited to, will be payable to the company on return. Unlimited kilometre allowance/payment will be cancelled in the event of any Unauthorised or Prohibited use. An allowance calculated at 100 kilometres per day will apply, excess kilometres will be charged at 22c per kilometre.

2. UNAUTHORISED AND PROHIBITED USE

Persons who must not drive the vehicle

(a) A person who is not identified on Page 1 of the rental agreement or has not been identified in writing to the Company or approved by the Company in writing.
(b) A person who is not licensed for that class of vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage
(d) A person who has given of for whom you have given a false name, age, address or driver's license details
(e) A person whose driver's license has been cancelled, endorsed or suspended within the last three years
(f) A person who has held a driver's license for less than 2 years

Circumstances in which and/or for which the vehicle must not be used:

(g) Outside the area of use limitations as identified on Page 1 of the rental agreement
(h) On unsealed roads, snow covered or off road conditions unless authorised by us in writing
(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials
(j) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing
(k) To carry any greater load and/or more persons than is lawful, or use in a manner or for a purpose other than for which it was designed and constructed.
(l) For racing pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes
(m) In a dangerous or careless manner, driving without due care or attention, failure to comply with local traffic rules
(n) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

3. FINAL OBLIGATIONS

Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement. YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT ON PAGE 1 YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES.

(a) All rental charges specified on Page 1 of the rental agreement.
(b) All charges claimed from the Company in respect of parking or any other traffic violations/infringements, including the Company's processing fee, incurred during the period of hire or until such later time as the vehicle is returned to the Company
(c) All loss or damage to the motor vehicle (including loss of use), Third Party Damages, legal expenses, assessment fees, towing and recovery, storage and company service charges where:

(i) any condition of this agreement, and in particular Condition 2, or and special condition on Page 1 of the rental agreement has been breached;
(ii) the vehicle is involved in a single vehicle incident (or not under the control of an authorised hirer at the time of loss) unless the Company waives such loss to a single vehicle incident liability amount shown on Page 1 of the rental agreement. A single vehicle incident is defined as any incident where the vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle which can be fully identified and all details provided;
(iii) you have left the vehicle unlocked or left the keys in the vehicle;
(iv) you have not kept the key secure and under your personal control
(v) the underbody of the vehicle is damaged regardless of cause when no other vehicle is involved;
(vi) the vehicle is totally or partially immersed in water regardless of cause; (vii) the interior of the vehicle is damaged regardless of cause when no other vehicle is involved;
(viii) the tyres of the vehicle are damaged other than by normal wear; (ix) the vehicle is damaged by driving it under or into an object lower than the height of the vehicle;
(x) you have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you became aware;
(xi) the vehicle is damaged by loading or unloading, other than normal wear;
(xii) your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment.

(d) All towing and recovery, storage and company service charges where the vehicle is located at a distance greater than 250kms from our nearest rental depot based upon the fastest route.
(e) An Administration fee of 9.95% is applicable to all charges relating to this agreement. Administration fees on damage liability will be calculated at 9.95% of the chosen liability as appears on the front of this agreement. These Administration fees are not refundable.
(f) The rental vehicle is deemed to be returned and rental concluded, only when the vehicle is physically returned to the nominated depot, paid in full and in a condition that is acceptable to the company.

Special Note: If you have paid by use of a credit card or directed the Company to bill charges to some other person, corporation, form or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the Company on demand

4. DAMAGE COVER

If you act within the terms and conditions of this agreement the Company will grant damage cover (including legal costs incurred with our consent) for your benefit in respect of damages to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control. This cover is subject to

(a) Your payment of the damage/loss liability charge stated on Page 1
(b) Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions on Page 1.
(c) Your not being covered under any policy of insurance.
(d) Your providing such information and assistance as may be requested and, if necessary, authorising the Company insurer to bring, defend or settle legal proceedings, but the Company shall have the sole conduct of the proceedings.

5. THE SECURITY DEPOSIT AS SPECIFIED ON PAGE 1 OF THE AGREEMENT SHALL BE HELD BY THE COMPANY AT IT'S SOLE WILL AND DISCRETION AND SHALL BE DEBITED THE COST OF:

(a) Cleaning the vehicle if returned in a dirty and untidy condition
(b) Subject to all the other terms, provisions and conditions of this agreement amounts may be deducted to comply with such terms
(c) Return the motor vehicle late of the due return time
(d) If the vehicle is returned damaged.

6. GENERAL PROVISIONS

(a) You will promptly report any accident or loss involving the vehicle while rented under this agreement to the Company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting an accident to police or other proper authorities. The company reserves the right to exchange vehicles or terminate the rental if the vehicle has been involved in an accident or damaged, regardless of fault or circumstance.
(b) You release and hold harmless the Company (and its agents and employees) from all claims for loss or damages to their personal property, or that of any other person left in the vehicle, which is received handled or stored by the Company at any time before, during or after this renal period, whether due to the Company's negligence or otherwise.
(c) Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, IT'S MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(e) No right of the Company under this agreement may be waived except in writing by an officer of the Company.
(f) Words used in this agreement to denote any gender shall include all genders, singular words include plural, and noted on Page 1 of the rental agreement.
(g) The Company have the right to terminate this agreement without notice if it is considered by the company that the rental vehicle is being kept in a manner that causes an unacceptable risk to either the vehicle or any other party.

7. FUEL

The vehicle must be returned with the amount of fuel equal to that at the time of 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 on Page 1 of the rental agreement.

ALL HIRER/DRIVERS NAMED ON THE AGREEMENT WILL BE REQUIRED TO SIGN THE AGREEMENT ACKNOWLEDGING THAT THEY HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE AGREEMENT PRIOR TO DRIVING THE VEHICLE.