Rental Agreement Terms & Conditions of Use.

  • Definitions

    Additional After Hours Delivery Fee: means a fee payable if delivery of the Vehicle occurs on a day that is not a Business Day or after normal operation hours on Business Days, being the amount specified in the Rental Schedule (if any).
    Additional Charges: The amounts payable for GST where the owner may claim an input tax credit for GST, tolls, traffic or parking infringement charges, fuel, cleaning, administration fees, excess, damage or any other amount for which the hirer is liable for breach of the Rental Agreement
    Authorised Driver: means you and any person named in the Rental Agreement as an Authorised Driver.
    Business Day: means a day that is not a Saturday, Sunday or a public holiday in the State or Territory in which the Vehicle is delivered to or collected by you.
    Collision Damage Waiver Option: an option which reduces the hirer’s liability of any loss or damage to the Vehicle incurred by an Authorised Driver to the relevant excess amount specified in the Rental Schedule.
    Collision Damage Waiver Fee: means the amount specified in the Rental Schedule.
    GST: means Goods and Services Tax.
    Premium Location Surcharge: a fee charged for renting a Vehicle from any airport or train station, being the amount specified in the Rental Schedule (if any).
    Rental Schedule: means the document accompanying these terms entitled ‘Rental Schedule’.
    Rental Agreement: these Terms & Conditions of Use and the Rental Schedule
    Rental Charges: means any amount or charge set out in the Rental Agreement.
    Rental Period: means the period commencing and ending at the times and on the dates shown in the Rental Schedule.
    Sealed Surface: means a road, driveway or parking station sealed with a hard material such as tar, bitumen or concrete.
    Single Delivery/Pickup Fee: means the amount specified in the Rental Schedule (if any).
    Vehicle: means the Rental Vehicle described in the Rental Schedule and includes its parts, components, keys, remote opening devices, [any tag or device for paying electronic tolls] and all accessories.
    We, us, our or TCR: means Right2Drive Pty Ltd trading as Tripz Car Rentals.
    You or your: means the hirer identified in the Rental Agreement.
    A reference to ‘$’ in the Rental Agreement is a reference to the Australian dollar.

  • Pickup or delivery of the Vehicle

    • You agree to either pick up the Vehicle at the nominated delivery location specified in the Rental Schedule, or accept delivery of the Vehicle at the nominated delivery location specified in the Rental Schedule. You may be charged a Premium Location Surcharge, Additional After Hours Delivery Fee and/or Single Delivery/Pickup Fee specified in the Rental Agreement.
    • It is your responsibility to check the overall condition of the Vehicle as at the commencement and at the end of the Rental Period.
    • TCR will provide you with a summary of any pre-existing damage to the Vehicle in the vehicle inspection section of the Rental Schedule at the commencement of the Rental Period. You should ensure that any additional pre-existing damage to the vehicle that you identify is included in that section, and variations required is checked and acknowledged by a TCR representative before you accept delivery of the Vehicle and drive away. You are invited to take a time stamped photograph of the relevant pre-existing damage before leaving the delivery location and show a TCR representative on return of the Vehicle to us.
  • Rental Vehicle driver eligibility

    • Only an Authorised Driver may drive the Vehicle.
    • You declare and warrant that you and each Authorised Driver:
      • holds a valid and current Driver licence (not being a Learner (L) or Provisional (P1 or P2) licence) for the class of Vehicle being hired under the Rental Agreement and you and each Authorised Driver have been licensed to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Agreement.
      • has not had insurance declined, an insurance policy cancelled or had special conditions applied by any insurance company in the last 5 years;
      • has not been convicted of an alcohol or drug related traffic offence or had a driver licence suspended or cancelled in the last 5 years; and
      • does not suffer from any physical or mental condition or impairment that may interfere with the ability to control and drive the Vehicle.
    • You agree to provide TCR with a copy of a current and valid driver licence of each Authorised Driver on request. We also accept an international driving permit authorised by a United Nations Treaty on road traffic. The driver licence must be in English. If it is not in English, you must provide an accurate English translation of your drivers’ licence translated by one of the following:
      • a translation service authorised by an Australian transport agency in the relevant state or territory;
      • a diplomatic representative at a high commission, embassy or consulate;
      • by the foreign authority or body that issued your overseas drivers’ licence; or
      • by a notary public office in the country in which your driver licence was issued.
      • You agree to notify TCR immediately if the driver licence of any Authorised Driver is suspended or revoked for any reason.
  • Vehicle use

    • The Vehicle may only be used for what it was designed for and may not be driven on a road that is not a Sealed Surface.
    • The Vehicle may only be driven on a Sealed Surface and in no circumstances on beaches or through streams, dams, rivers or flood waters, on ice or snow-covered or affected roads, on flood prone roads or on any roadway in respect of which the Police or any other Government authority has issued a warning or caution.
    • You must not use the Vehicle:
      • illegally or for an illegal purpose;
      • in a race or contest;
      • for towing, unless the Vehicle is fitted with an approved tow bar;
      • when it is damaged or unsafe;
      • to carry animals;
      • for any purpose, other than catered for by its design and or as prescribed in the Vehicle manual;
      • to carry more persons than may be properly accommodated by the seat belt restraints; or
      • to carry a greater load than that for which it was built and or as prescribed in its manual.
    • You may not sublet or re-hire the Vehicle to any third party.
    • You must drive in a safe manner and observe all road rules. You acknowledge that reports of unsafe driving may result in the hire being terminated and the car reclaimed by us.
    • You must not smoke or allow smoking at any time in the Vehicle.
    • You must notify us if you intend to use the Vehicle in a state or territory other than in the state or territory of the nominated delivery location.
  • Maintenance, security and safety

    • You must maintain the Vehicle in the condition in which it was received, keep it secure at all times.
    • You must:
      • keep the Vehicle locked and the keys under your personal control when not in use;
      • ensure that the tyre pressures are maintained at the manufacturer’s recommended pressure as prescribed in the Vehicle manual;
      • comply with any applicable seat belt and child restraint laws. It is your responsibility to ensure that appropriate child seats have been fitted for children travelling in the Vehicle. We are not responsible for any fines, injury, death or other losses caused by not having child seats fitted in the Vehicle or by not restraining children in child seats fitted in the Vehicle;
      • generally, do all things necessary to keep and maintain the Vehicle in its state and condition as at the commencement of the Rental Period, fair wear and tear excepted;
      • return the Vehicle to us in a clean and tidy state; and
      • if the Rental Period exceeds 30 days you must maintain all of the Vehicle’s engine oils, brake fluids and engine coolant levels to the manufacturer’s specifications as prescribed in the Vehicle manual.
    • You must immediately report any functional, maintenance and or servicing issues the Vehicle of which you have become aware to TCR.
  • Accident damage, breakdown and repair

    • In the event of a collision involving the Vehicle, or if the Vehicle is damaged in any way, lost or stolen, or if our Vehicle breaks down, you must notify us immediately. Do not arrange to have the Vehicle moved unless authorised to do so by us. If you have an accident or the Vehicle is stolen, you agree to co-operate with us in any investigation or subsequent legal proceedings. If you have an accident involving another vehicle, you must obtain the other driver’s name, address, telephone number, insurance company details, drivers licence number, vehicle registration, vehicle make/model and a copy of the police report once it has been created.
    • Any Vehicle moving and or transport costs will not be reimbursed unless authorised by TCR. A 24 hour breakdown assist contact number is located inside the Vehicle at the top of its windscreen on the driver’s side.
    • In the event of damage or breakdown, you must notify us immediately and must not arrange or undertake any repair or salvage of the Vehicle without our authority unless necessary to prevent further damage. In the case of an emergency and our consent cannot reasonably be obtained, repairs may be completed.
    • In the event of an accident in which the Vehicle is damaged or if anyone has been injured, you must also immediately report the accident and damage to the police.
    • You must notify TCR of any mechanical or structural fault on the Vehicle, including, tyres, fluids, belts, hoses and lights.
    • We will not reimburse you for the cost of repair or salvage of the Vehicle unless we have specifically authorised such action and expenditure, and you can produce such receipts and other information or documents as we may require.
  • Vehicle return

    • A Vehicle inspection will be carried out at the end of the Rental Period. You are responsible for any new damage to the Vehicle identified upon inspection.
    • At the end of the Rental Period you must return the Vehicle to the pre-arranged return location, date and time. You will be responsible for the Vehicle until TCR regains possession of the Vehicle.
    • On return, the Vehicle must be clean and tidy, in the same condition it was in on commencement of the Rental Period, fair wear and tear excepted.
    • If you do not return the Vehicle to us in accordance with clauses 3 and 4 you must pay us charges in respect of:
      • each day or part thereof until the Vehicle is returned at the rate set out in the Rental Agreement;
      • any relocation or repossession expenses we incur to recover the Vehicle; and
      • reasonable cleaning costs incurred by us. A higher cost may apply if cleaning involves removing any smoking smells or residue.
    • If you return the Vehicle to us prior to the nominated return time and date set out in the Rental Schedule, you will remain liable for the Rental Charges specified in the Rental Schedule including any other applicable charges payable by you under the Rental Agreement. TCR may, at its discretion, refund the unused portion of the Rental Charges, being the Rental Charges for the period between the time and date on which you returned the Vehicle to us and the nominated return time and date set out in the Rental Agreement.
    • We may, require the immediate return of or, repossess the Vehicle without notice at any time if we reasonably believe you are in breach of a term of the Rental Agreement. If you are in breach, you must pay the cost of any repossession, outstanding Rental Charges, Additional Charges or other reasonable costs directly related to a breach of the Rental Agreement.
    • If the Vehicle is damaged or breaks down during the Rental Period, we may, at our discretion, replace the Vehicle provided the breakdown is not caused by you, your breach of the Rental Agreement or misuse of the Vehicle. You will not have to pay Rental Charges while the Vehicle is being repaired or replaced.
    • You must return the Vehicle with all of its original components and accessories. You are liable for the replacement cost of any missing components including but not limited to any SD card, Vehicle key, tools including any Vehicle jacking equipment, spare tyres, telematics, roof racks and baby seats.
  • Fuel

    • You agree to return the Vehicle with the same amount of fuel as indicated on the Rental Agreement at the commencement of the Rental Period. Should you fail to do so, you agree to pay us:
      • the fuel required to return the fuel level to the original fuel level; and
      • a fuel surcharge of $25 (excluding GST).
    • You must only use fuel prescribed for the Vehicle in the Vehicle manual.
    • You agree to pay all costs of any resulting loss or damage to the Vehicle resulting from the use of incorrect fuel grade or type.
  • Your liability for loss and damage

    • You will be liable for the cost of any loss or damage to the Vehicle, up to the excess amount specified in the Rental Schedule.
    • You can take out the Collision Damage Waiver Option at the time you enter into the Rental Agreement. If so, you will need to pay the Collision Damage Waiver Fee and your liability will be limited to the relevant excess amount specified in the Rental Schedule.
    • You, and each Authorised Driver, will have the benefit of the Collision Damage Waiver Option. If you allow an unauthorised driver to drive the Vehicle, you and that unauthorised driver will not have the benefit of the Collision Damage Waiver Option.
    • Notwithstanding clause 1 your liability is unlimited:
      • when any Authorised Driver acts dishonestly or fraudulently;
      • when any Authorised Driver is in breach of clauses 2;
      • when the loss or damage resulted from deliberate, careless or reckless conduct;
      • when the loss or damage to the Vehicle or to third party property was caused or contributed to by any breach of the Rental Agreement;
      • when any Authorised Driver leaves the scene of an accident before exchanging details with all involved parties;
      • when any Authorised Driver fails to report an accident to the police or us immediately;
      • when any matter, risk or loss is excluded from cover under any current motor vehicle insurance policy you hold;
      • when the Vehicle has been involved in two or more incidents resulting in loss or damage;
      • when the driver is under the influence of drugs or with a blood alcohol content that exceeds the legal limit in the state, territory or country in which the Vehicle is driven;
      • when before entering the Rental Agreement you do not answer any questions truthfully, accurately and completely, or tell us any information that you know or should know, that would be relevant to our decision to hire a Vehicle to you;
      • when theft or attempted theft occurs when the ignition keys were left in the car, or near the car whilst it was unattended by you;
      • when there is any tyre, windscreen, headlight, roof or underbody damage; and or
      • when there is any water damage caused by the immersion of the Vehicle
    • Except to the extent we are liable at law and subject to the limitation in term and condition 1 above you are otherwise liable for:
      • the loss of, and all damage to, the Vehicle;
      • the loss of or damage to any other personal possessions and/or property belonging to us, you or a third party;
      • the cost of repair to the Vehicle;
      • investigation, appraisal and assessment fees;
      • the cost of towing, recovering and storing the Vehicle;
      • all damage to your property or the property of any person which is caused or contributed to by you or which arises from the use of the Vehicle whilst in your care under the Rental Agreement; and
      • our reasonable administrative and legal costs of recovery incurred in connection with the use of the Vehicle by you or whilst it is in your care.
    • If you lock the keys in the car or misplace or lose the keys or other part or accessory to the Vehicle you must reimburse us the cost of recovering or replacing and or recoding them.
    • Depending on the Vehicle you hire, you may be liable for costs incurred for excess kilometres over the allowed 100km per day average limit. If applicable, this charge will be specified in the Rental Schedule.
    • Tolls:
      • Tolls vary dependent on the road used and the length of the journey. If the Vehicle travels through a toll collection point you are liable for, and you must pay us, the applicable amount together with an administration fee of $10 (excluding GST) per notice issued to cover any costs incurred by us. The use of any toll device is governed by the relevant terms of the toll device provider.
      • Your credit card will be charged for any tolls incurred and any applicable administration fees. If TCR cannot charge the credit card, we will contact you to request payment of the applicable amount. The charge may be delayed depending on when the notification is received by us from the toll road operator.
      • Traffic or parking infringements are processed through applicable local, state and national notifying authorities. You are responsible for all traffic and parking infringements for the duration of the Rental Period.
    • If TCR is notified of an infringement during or after the Rental Period, TCR will provide necessary details to the notifying authority to hold you liable for any charges and fees incurred as a result of the infringement. TCR may charge an administration fee to cover any administrative costs in providing these details to you.
    • You agree that you may be liable for all costs, fees and full excess amount as set out in the Rental Agreement if any of the information that you have provided to us is false.
  • Our liability

    • Subject to law, TCR is not liable for any loss or damage arising from, or in connection with, the Rental Agreement.
    • You agree to release and indemnify us against any claim for loss or damage to any property stolen from the Vehicle or otherwise lost or damaged during the Rental Period or left in the Vehicle after its return to us.
    • Other than as required by law, we make no warranty as to the suitability of the Vehicle for any particular purpose.
  • Claims and proceedings

    • Where the use of the Vehicle by you or any person while in your care results in an accident, claim or dispute, or where damage or loss is sustained to the Vehicle or any third-party property or if the Vehicle is stolen, you must;
      • accurately complete any forms and statements or provide any information or assistance we require of you;
      • not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability to any person;
      • permit and equip us or our insurers to bring, defend, enforce or settle any claim or legal proceedings against a third party;
      • permit and equip us to claim in your name under any applicable insurance or against any third party; and
      • forward to us any claims or correspondence from any third party forthwith upon receipt.
    • You must provide all information related to the accident, claim or dispute within 48 hours of any request made by us, including providing any papers or other documents received by you concerning the accident, claim or dispute. If you fail to notify us within 48 hours, you may be liable for all costs incurred by us or a third party arising from, or in connection with the loss and damage of your Vehicle with respect to an accident, claim or dispute.
    • You consent and authorise us to obtain copies of police witness statements or reports made in relation to the accident or for any police charges against you.
  • Payment of charges

    • Within 30 days of the start of the Rental Period you must pay us:
      • any applicable Rental Charges and any other amounts payable by you under the Rental Agreement;
      • any amount paid or payable by us arising out of your use of the Vehicle including any fuel, fine, toll or traffic or parking infringement, cleaning, excess or damage;
      • any amount for which you are liable to us for any breach of the Rental Agreement; and
      • any failure to make timely payment in full will attract interest on any overdue amounts at the rate equivalent to the RBA cash rate plus 4%.
    • Where your rental is 30 days or longer you will be invoiced for any applicable amount payable by you under the Rental Agreement (if applicable) at the end of each 30 day period automatically or at any time agreed with us.
    • You authorise us to charge all moneys overdue and payable by you to us under the Rental Agreement to your credit card or charge account including charges for any extension of the Rental Period, or any Additional Charges.
    • We will take reasonable steps to notify you of any Additional Charges (including without limitation, charges for unpaid traffic or parking infringements, tolls, costs of repairs and cleaning, etc.) before this amount is debited to your card. Such Additional Charges will be levied no later than 14 days after the end of the Rental Period, or no more than 14 days after we receive notice of those charges, whichever is the later.
  • Breach of the Rental Agreement

    • We may terminate the Rental Agreement at any time and take immediate possession of the Vehicle if you breach these Terms and Conditions of Use.
    • In the event we terminate on account of your breach, you must pay:
      • all costs to replace or rectify the Vehicle to its original condition; and
      • all reasonable costs for towing, storage and recovery of the Vehicle.
    • You will be entitled to terminate the Rental Agreement if we breach these Terms & Conditions of Use.
  • Applicable law

    • The Rental Agreement is governed by the laws of the state within Australia in which the Vehicle was hired.
  • Dispute resolution

    • If you wish to dispute a charge or otherwise make a claim against us you agree to first notify us in writing of the nature of the dispute or claim and provide us with such particulars and evidence as we require.
    • You agree to meet with us or be contactable using the contact details you provided to us to discuss and negotiate your dispute or claim in good faith, within twenty (20) working days of your complaint or claim.
  • Privacy Statement and Consent

    • TCR collect your personal information for the purposes set out in this Privacy Statement and Consent.
    • Personal information is information or an opinion about an identified, or reasonably identifiable, individual. Personal information may be sensitive information, which includes health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record.
  • Providing information about another person

    • When you give us personal information about another person you represent that you are authorised to do so and agree to inform the person that we have collected their information as part of this application and of the contents of this Privacy Statement and Consent.
  • Purposes for collecting personal information

    • We collect your personal information in order to provide you with our vehicle rental services.
    • We may install telematics devices or similar into the Vehicle that may track the location, distance and speed of the Vehicle. You agree that we can track and record your location and your use of the Vehicle using the telematics devices or similar, which may include your personal information.
    • We may collect your personal information for the following purposes:
      • to assess and process your application for replacement rental vehicle;
      • to execute instructions;
      • to manage our relationship with you (whether online or in person);
      • to comply with legislative or regulatory requirements;
      • to identify you;
      • for any internal processes including claims assessments, product development, strategic planning, risk management and pricing; and
      • to contact you (unless you tell us not to) to discuss other products that may be of interest to you or the company you represent.
    • If you do not provide us with your personal information, we may be unable to provide you with our services, or deal with any insurer on your behalf.
  • Persons with whom personal information is exchanged

    • We may disclose your personal information to:
      • our related bodies corporate, agents, contractors, service providers or external advisers which may be located overseas;
      • insurers, reinsurers, loss adjusters, assessors and underwriters;
      • any organisation responsible for the processing of traffic or parking related infringements or road tolls, to the extent that these fees apply to a Vehicle you have hired from us;
      • Investigators;
      • Any person we consider necessary to execute your instructions;
      • Any person who is considering whether to acquire or who has acquired any part of our business, or the rights or obligations under the contract that we have with you;
      • law enforcement, regulatory and government bodies as permitted or required by law in, Australia or overseas;
      • debt collection agencies, if you default in payment of amounts owed to us;
      • credit card providers; and
      • credit reporting agencies and fraud checking agencies.
    • We may disclose your personal information to overseas recipients who provide services and products to us and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time, but your personal information may be transmitted between Australia and New Zealand, and it is likely that other such countries will include the United Kingdom, the Philippines, the United States of America, Japan, Singapore and Hong Kong.
  • Your rights

    • You have the right to request access and corrections to your personal information that we hold. You also have a right to make a complaint about the way in which we manage your personal information. Our Privacy Policy sets out how to make an access request or complaint, and how such requests or complaints are handled. Our Privacy Policy can be found at www.TripzCarRentals.com.au.
    • To gain access to, seek correction of, or to complain about the handling of the personal information that we hold about you contact our Privacy Officer at Privacy Officer, Eclipx Group, Level 32, 1 O’Connell Street, Sydney NSW 2000, Australia or by email to privacy.officer@eclipxgroup.com.
    • You have a right to request our Privacy Policy in hard copy.
  • Waiver

    A right or entitlement under the Rental Agreement can only be waived expressly in writing.

  • Vehicle wear and tear

    • It is normal procedure for TCR vehicles to be handed over to hirers in a roadworthy condition, washed and vacuumed.
    • Prior to handing over the Vehicle, our staff will conduct a Vehicle inspection with you and prepare the Rental Agreement noting the fuel level, Km’s and any previous damage to the Vehicle. Hirers are required to take note of the Vehicle condition, identify any existing damage and sign the Rental Agreement.
    • You must notify the TCR staff member of any new damage not noted on the Vehicle prior to driving the Vehicle away. If any new damage is found on the Vehicle, you must make sure it is noted in the Vehicle damage area. If any and all new damage is found upon Vehicle return, the cost of repairs will be passed on to you.
    • To avoid associated Additional Charges, we encourage the hirer to keep the hire Vehicle in good condition. Please refer the following table for acceptable and unacceptable wear and tear and if you have any questions regarding TCR vehicle use, call us on 1300 874 79
    Item Acceptable Unacceptable
    Body Damage Authorised professional repairs. Obvious evidence of colour mismatch or misalignment between panels. Missing or damaged mouldings and panels.
    Dents Minor dents (up to 10mm) that do not affect the panels’ structural integrity. Multiple dents or scrapes on a single panel. Buckling or distortion of the panels.

    Paintwork Minor chipping or scratches less than 2cm, relative to the vehicle’s age and kilometres travelled, provided it has not penetrated to the base metal or corroded. Major abrasions. Colour mismatch between panels. Loss of gloss and colour disproportionate to the vehicle’s age. Damage due to stickers/decals.
    Glass/Lenses Light scratches and minor chipping around windscreen periphery. Minor scuff marks or scratches. Cracks or damages within the wiper arches. Holes or cracks in the windscreens/windows glass or light covers.
    Interior Slightly soiled upholstery, scuffed floor mats, trim and kick panels. Professional repairs. Torn, cut, burnt, or permanently stained upholstery. Bent trim panels. Bad odours. Damage caused by the fitting or removal of communication equipment.
    Tyres, Run Flats/Rims Normal wear and punctures. Punctures and or tread wear, due to malicious intent, any split, torn, mismatched, re-treaded or disfigured tyres.
  • Consumer rights statement

    All your rights set out in the Rental Agreement comply with your rights as a consumer (“Your Consumer Rights”) under applicable consumer protection legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted or modified in any way by the Rental Agreement. You can find out more about Your Consumer Rights from consumer regulatory bodies such as the Australian Competition and Consumer Commission and the fair trading authorities in the relevant state or territory in Australia.

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