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Hertz

IMPORTANT NOTES

 

Rental Day consist of 24 hour periods starting from the commencement of the rental. The minimum daily charge will be for one rental day unless otherwise stated on the Rental Agreement.

Rental Protection Service Options offered by Hertz is not an insurance policy.

Cash rental refunds may be issued via cheques within 14 business days of return on the Vehicle.

 

TOLLS

 

You are responsible for payment of any tolls incurred for use of tollways in

Australia. Where tolls are charged electronically, you can pay the toll company:

(i) you authorise us to forward your credit card details to the toll company for payment; or

(ii) you warrant that you are authorised to permit us to forward the credit card details that you have provided to us, if not in your name, to the toll company for payment.

 

INFRINGEMENTS & INFRINGEMENT ADMINISTRATION FEE

 

Infringement notices may be received by Hertz which relate to your rental of a

Hertz Vehicle. In the event an infringement notice is received, Hertz will:

Advise the relevant authority that you were the driver of the Vehicle at the time of the infringement. The authority will issue the infringement notice to you.

Charge the renter an Infringement Administration fee of $33 (exclusive of GST) for each infringement notice received which will reimburse Hertz the cost incurred in the processing of the infringement notice.

Hertz regrets this action is necessary however the company can no longer absorb these costs associated with the charges.

 

GLOSSARY OF TERMS

 

1. #1 Club Gold – A service provided to Number One Club Gold members, including a pre-prepared rental agreement and a pre-assigned car.

2. 4WD – 4 Wheel Drive.

3. ACFR – Airport Concession Fee Recovery; a fee which reimburses Hertz (in whole or part) for operating costs of conducting business at airport locations.

4. ADE – Accident Damages Excess; where applicable in accordance with the Terms & Conditions, the maximum amount which the renter is liable to pay in respect of damage to the rental Vehicle and damage to any other Vehicle or property with which the rental Vehicle collided, subject to certain exceptions and to higher limits of liability for damage from specified causes, as stated in the Terms & Conditions.

5. ADF – Administration Fee.

6. AER – Accident Excess Reduction; a Renter Protection Service Option.

7. CDP – Customer Discount Program; special negotiated Customer Discount

Program that sets out a company’s rates and conditions of rental.

8. DRB – End of Day.

9. FPO – Fuel Purchase Option.

10. FSC – Fuel Service Charge.

11. GST – Goods and Services Tax.

12. IATA – International Air Travel Association.

13. NVS – Neverlost Satellite Navigation

14. MAX – Maximum Cover; a Renter Protection Service Option.

15. OTTO – One Trip Travel Order; a voucher issued to Hertz corporate clients and travel agents authorising a one time rental on the same basis as a credit card.

16. R/A – Rental Agreement; the legal contract for rental of a Vehicle between the renter and Hertz comprised of the Terms & Conditions, the Rental Agreement Form and any additional terms.

17. RENTAL AGREEMENT FORM – The form entitled ‘Rental Agreement’.

18. RENTER PROTECTION SERVICES – Optional levels of cover which can be purchased to lower a renter’s ADE or provide other cover.

19. SVA – Single Vehicle Accident; an accident not involving a collision between the Vehicle and another Vehicle, other than a parked car.

20. TACO – Travel Agent Commission Order.

21. TOLL – A toll imposed by a government body or tolling company.

22. VRR – Vehicle Registration Recovery; a fee which reimburses Hertz (in whole or part) for costs (which may be averaged) of Vehicle registration and transport accident charges.

 

April 2012

HERTZ TERMS AND CONDITIONS OF RENTAL

 

This Agreement (‘Agreement’) is between the signatory to the Hertz rental agreement (the Rental Form), being the renter of the Vehicle (‘You’) and Hertz.

 

1. Nature of Agreement

 

(a) Except to the extent otherwise implied by law, the terms and conditions made available to You at the time of rental, together with the Rental Form and any Additional Terms, comprise the Agreement and set out all of the terms, conditions, warranties and undertakings concerning Your rental of the Vehicle, any Accessories and on which Hertz agrees to rent the Vehicle and Accessories to You for the Rental Period.

(b) The Additional Terms, if any, prevail to the extent of any inconsistency with the terms and conditions in the Rental Wallet or the Rental Form.

(c) You must not attempt to transfer or sublease the Vehicle, the Accessories or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Vehicle or Accessories by anyone other than Hertz is void. Neither You nor any Authorised Drivers are agents of Hertz. No one may service or repair the Vehicle without Hertz’s prior express written approval.

(d) You confirm and promise Hertz that all information provided by You to Hertz at any time before and during the Rental Period is true and correct in every particular and the information so provided is all the information Hertz could reasonably require.

(e) You acknowledge that it is your responsibility to ensure that You are the holder of the appropriate category of drivers licence to drive the Vehicle rented in any State or Territory of Australia as requested by You or as supplied by Hertz to You as a replacement or otherwise

(f) ‘Ignition Key or Key’ includes keyless start devices and/or combined ignition key and remote door devices.

(g) Terms marked in bold throughout this Agreement are defined as

follows:

Accident’ means any collision between the Vehicle and any other object, including another vehicle, or any other incident or occurrence that results in the Vehicle being damaged, lost or destroyed, and includes a Single Vehicle Accident;

ADE’ means the Accident Damages Excess noted on the Rental Form after taking into account any reduction where AER is accepted by You as noted on the Rental Form;

AER’ means the Accident Excess Reduction as referred to in clause 12.(d)

herein;

Accessories’ means keys and remote door opening devices and any removable equipment supplied with the Vehicle including but not limited to child restraint seats or satellite navigation devices which may or may not attract an additional charge for usage, which are only to be used:

(i) with the Vehicle with which it is originally supplied or such vehicle as

Hertz supplies as a replacement for the Vehicle; and

(ii) in accordance with all instructions and operational information provided;

Additional Driver’ means an additional driver nominated by You and noted on the Rental Form

Additional Terms’ means any other terms as recorded in any document that You are required by Hertz’s authorised representative to sign when You rent the Vehicle;

Authorised Driver’ means You and/or any person:

(a) at or over the age noted on the Rental Form; and

(b) who holds a current driver’s licence that:

(i) is in English or, if not in English, is accompanied by a certified

English translation;

(ii) is valid for driving the Vehicle; (iii) is not a learner’s permit; and

(iv) the driver has held for at least twelve consecutive months; (c) an Additional Driver nominated by You; and

(d) who has Your authority to drive the Vehicle and is:

 

(i) either a member of Your immediate family permanently living with You; Your employer, employee, fellow employee or partner incidental to their business duties; or a person or entity who has contracted to perform work for You, or an employee of such a person or entity, incidental to the performance of work for You; or

(ii) any other person approved in writing by Hertz;

Business Day’ means a day on which the rental location is open for business;

Business Hours’ means the hours of operation of the rental location from which the Vehicle is rented or to which it is returned, and which are posted on the Hertz website or posted at the rental location;

Cleaning Charge’ means a charge imposed in respect of an Excessively Dirty Vehicle at an hourly rate charge on a cost recovery basis if the cleaning is performed by Hertz personnel or the actual fee paid by Hertz if a third party or specialised cleaners are engaged to provide a cleaning service plus an Administration Fee.

Commencement Time’ means the later of the date and time:

(a) specified on the Rental Form as the commencement time of the rental;

or

(b) when the Vehicle is delivered to You or to a location requested by You;

Damages’ means any expense (excluding the cost of fuel and vehicle towing), cost (including legal costs, calculated on an indemnity cost basis), penalty, impost, liability or any other financial obligation of whatsoever character (including any excess payable under relevant insurance policies) incurred by Hertz in respect of:

(a) the loss of, damage to, or otherwise in respect of the Vehicle or Accessories, including, and without limitation, the cost of repairing the Vehicle or Accessories (or, if in Hertz’s reasonable opinion, the damage is irreparable or uneconomic; the replacement cost of the Vehicle or Accessories), administrative, appraisal, recovery services provided by or on behalf of Hertz;

(b) any claim or demand of any third party made in respect of the Vehicle or Accessories or the loss of, or loss of the use or enjoyment of, or damage to, any other vehicle or property caused by the Vehicle or Accessories or resulting from its use;

(c) the loss of, damage to, or otherwise in respect of any property, other than the Vehicle or Accessories, which belongs to Hertz or for which Hertz is otherwise responsible or liable (in whole or part).

but does not include loss of use or enjoyment of the Vehicle or Accessories or any indirect, special or consequential loss, other than in connection with a Prohibited Use or use by a Prohibited Person in breach of clause 5.(a) or

5.(b);

Excessively Dirty Vehicle’ means a Vehicle which requires cleaning beyond Hertz’s standard cleaning practice being a general exterior and interior clean using regular cleaning products, water high pressure cleaner and vacuum taking no longer than 15 minutes without the need for specialised cleaning products or third party or specialised cleaners.

Four Wheel Drive (4WD) Vehicle’ means a vehicle capable of powering all four wheels simultaneously if the 4 wheel drive mode is engaged by the driver, but excludes an “All Wheel Drive (AWD) Vehicle which in normal operation distributes power differentially to each wheel;

Hertz’ means Hertz Australia Pty Ltd ABN 31 004 407 087 of 6th Floor, 10

Dorcas Street, South Melbourne, Victoria, or, if a Hertz licensee is identified

on the Form, that licensee;

Intoxicated’ means where the driver is under the influence of any drug, substance or intoxicating liquor to the extent that that person’s ability to control the Vehicle is impaired or where the driver’s blood level of any drug or alcohol is in breach of the applicable State or Territory legal limit; in the context of which, a person is deemed to be in breach of this provision if, at any time, he or she refuses or fails to provide a breath, blood or other sample when lawfully required to do so by or on behalf of the Police or as required by any law of the applicable state or territory;

Infringement Notice’ (including Charges and Penalties) means an amount equal to all tolls, fines (including but not limited to traffic and parking fines), penalties, charges, taxes or other imposts levied by any Government, government body, local government, private car park or tolling companies in respect of Your rental or use of the Vehicle, including stamp duty on this Agreement (except in South Australia).

 

Long Term Rental’ means a Rental Period of equal or greater than 30 days;

MAX’ means Maximum Cover as referred to in clause 12.(c) herein;

Rental Day’ means each consecutive twenty-four (24) hour period from the commencement of the rental during the Rental Period;

Rental Form’ means the form entitled Rental Agreement and related forms on which all personal and other details are recorded, and which is completed at the time the Vehicle is rented;

Rental Period’ means the period during which the Vehicle is rented by You, beginning at the Commencement Time and ending at the time:

(a) You return the Vehicle to Hertz during Business Hours and Hertz

accepts return of the ignition key for the Vehicle;

(b) You deposit the Rental Wallet containing the ignition key or keyless entry and/or remote door opening devices for the Vehicle into the

drop box’ at the rental location to which the Vehicle is returned outside Business Hours (and You remain responsible for the Vehicle until Hertz has inspected and accepted the return of it the next Business Day);

(c) where You use the customer collection service, the earlier of when the Vehicle is collected and a reasonable time after the time nominated by You for its collection;

(d) Hertz repossesses the Vehicle; or

(e) where the Vehicle is lost, stolen or otherwise misappropriated, when the Police are notified of same (being the time recorded on the Police Report of the incident)

(f) the Rental Period for any Accessories shall begin and end simultaneously with the Rental Period for the Vehicle;

Rental Wallet’ means the document wallet incorporating the terms and conditions of rental including any additional terms and conditions presented to You at the time that the Rental Form is completed and signed and general information which is provided for Your assistance. Other than the terms and conditions of rental the Rental Wallet does not form part of the contract for the rental of the Vehicle;

Resulting From’ means resulting, whether directly or indirectly, irrespective of whether the matter referred to is the sole or partial cause; and ‘results in’ and similar grammatical forms have the corresponding meaning;

Single Vehicle Accident’ means an Accident not involving a collision between the Vehicle and another vehicle, other than a parked vehicle;

Vehicle’ means the motor vehicle described on the Rental Form, or any alternate motor vehicle that Hertz supplies to You, whether as a replacement, upgrade or otherwise, and includes all Vehicle parts, tyres, tools (supplied with the Vehicle), and all other Accessories or equipment in or fitted to the Vehicle by the manufacturer or by Hertz;

Vehicle Condition Report’ means the report incorporated into the Rental Form or a report labelled ‘Pre Existing Condition Notes’ given to You by Hertz’s representative at the time You collect the Vehicle;

Written Demand or Notice’ as referred to in clause 13. herein.

 

2. Returning Vehicle and Repossession

 

(a) You agree to return the Vehicle and any Accessories to Hertz at the specified time and location noted on the Rental Form, or sooner if demanded by Hertz on reasonable grounds, including where Hertz reasonably believes You have breached, or are likely to breach, the Agreement.

(b) The Vehicle and Accessories are not taken to have been returned until the end of the Rental Period. If You return the Vehicle or Accessories outside Business Hours, You remain responsible for the Vehicle and Accessories until Hertz has inspected and accepted their return the next Business Day.

(c) If You do not return the Vehicle or Accessories when required by this Agreement, then following a written demand to You to return it, Hertz may take steps to recover and repossess the Vehicle and/or Accessories where and when it is found. You authorise Hertz to enter any premises owned or occupied by You, or where necessary, You agree to make all reasonable efforts to obtain the right for Hertz to enter any premises in order to recover and repossess the Vehicle or the Accessories.

(d) If the Vehicle or Accessories are found illegally parked, apparently abandoned or are used or obtained as prohibited under this Agreement, Hertz may after making reasonable attempts to contact You, recover the Vehicle or the Accessories without sending a written demand under clause 2.(c). To the extent permitted by law, You waive any right to any hearing or to receive any notice or legal process as a precondition of Hertz recovering the Vehicle or the Accessories in accordance with this clause 2.(d).

(e) From the date that Hertz sends You a demand pursuant to clause 2.(c), Hertz may exercise its legal rights to recover and repossess the Vehicle or the Accessories. You agree to cooperate with Hertz to recover the Vehicle or the Accessories.

(f) You must reimburse Hertz for its reasonable costs of recovering or repossessing the Vehicle or the Accessories where such costs are a consequence of Your failure to return the Vehicle or Accessories when required by this Agreement.

(g) Except to the extent that Hertz is at fault,You indemnify Hertz against any claim made by any third party resulting from Hertz’s recovery or repossession of the Vehicle or the Accessories.

(h) In the event You rent the Vehicle for more than 30 days, Hertz reserves the right to terminate the rental at any time on 2 days written or verbal notice to You.

 

3. Maintenance and Safety

 

(a) You and Hertz acknowledge that the Vehicle is generally in an undamaged condition save as otherwise acknowledged by You and Hertz in writing on the Vehicle Condition Report. It is Your responsibility to check the condition of the Vehicle when You collect it and; if there is any discrepancy between its condition and the Vehicle Condition Report, You must return to the counter and request that the Report be amended or a new report be prepared. You agree to return the Vehicle in the same condition as it was in at the start of the Rental, with the exception of fair wear and tear.

(b) Hertz (through sub-contractors) provides a twenty-four (24) hour breakdown roadside assistance service for the Vehicle.

(c) You agree to check the amount of engine oil and coolant in the Vehicle at appropriate intervals and maintain them at the levels recommended in the Vehicle manufacturer’s specifications or otherwise as required to maintain the Vehicle’s efficient performance.

(d) You agree as soon as practicable to stop driving and park the Vehicle where safe to do so and contact Hertz or Hertz’s 24 hour breakdown roadside assistance service upon any warning lights or messages becoming illuminated or displayed in the Vehicle and not to re commence driving the Vehicle unless directed to do so by Hertz or by Hertz’s 24 hour breakdown roadside assistance service.

(e) In the case of a Long Term Rental, You acknowledge that you accept responsibility to maintain the Vehicle in a roadworthy condition for the duration of the Rental Period. Should the Rental Period span the normal maintenance intervals, it is your responsibility to return the Vehicle to the nearest Hertz location for a changeover to a replacement vehicle in a serviceable condition.

(f) You and any Authorised Driver must comply with any applicable road safety laws and regulations (including those relating to seat belts and child restraints and use of a mobile phone whilst driving).

(g) You agree that:

(i) You will not undertake or make any repairs to the Vehicle or accessories unless authorised by Hertz in writing;

(ii) in breach of clause 3.(g)(i) you are liable for any repair costs undertaken or made by You and You agree to indemnify Hertz against any claims by third parties against Hertz in respect of any unauthorised repairs, the quality of any unauthorised repairs and any ongoing remedial works to rectify any unauthorised repairs.

 

4. Charges and Penalties

 

(a) You agree to pay to Hertz the following charges and penalties for renting the Vehicle:

(i) Time Charges

The daily rental charge noted on the Rental Form for each Rental

Day. The minimum daily charge will be for one Rental Day unless otherwise stated in the Rental Agreement. The Extra Hours Rate shown on the Rental Form is charged for each full or partial hour in excess of a full Rental Day until the amount reaches the cap of the daily rental charge;

(ii) Kilometre Charge

The charge for each kilometre driven in excess of the kilometre allowance (if any) noted on the Form, calculated at the appropriate kilometre rate;

(iii) Delivery/Collection Charges

A charge noted on the Rental Form, including ‘one way fees’ for delivering the Vehicle at, and/or collecting the Vehicle from, any location as requested by you, other than those Hertz rental locations for which no charges apply or the reasonable costs and expenses of Hertz for recovery or repossession of the Vehicle under clause 2.;

(iv) Optional Renter Protection Services

The amount for an optional renter protection service (Renter Protection Service) as accepted by You and noted on the Rental Form, calculated for each full or partial Rental Day. See clause 12. for information regarding Renter Protection Services.

(v) Fuel Costs

Unless You have accepted the Fuel Purchase Option as noted on the Rental Form, or unless otherwise indicated on the Rental Form, You must either return the Vehicle with a full tank of fuel or pay for Hertz to refuel it at the price of:

(A) If the Vehicle travelled less than 120 kilometres during the Rental Period – the number of kilometres travelled multiplied by the rate per kilometre specified on the Form: or

(B) if the Vehicle travelled 250 kilometres or more during the Rental Period or in the event of an Accident during the Rental Period – the number of litres of fuel required to refill the tank multiplied by the price per litre specified on the Form.

(vi) Collection Expenses

Where You do not pay the charges in accordance with this Agreement, You must reimburse Hertz for its reasonable expenses and costs incurred in collecting from You the charges payable under this Agreement and for reasonable interest charges calculated at the rate specified in clause 4.(c);

(vii) Charges and Penalties

The amount noted on an Infringement Notice. In the event an

Infringement Notice is received by Hertz, Hertz will:

(a) Advise the relevant authority that you were the drvier of the Vehicle at the time of the infringement. The authority will issue the infringement notice to you;

(b) Charge the renter an Infringement Administration fee of $33 (exclusive of GST) for each infringement notice received which will reimburse Hertz the cost incurred in the processing of the Infringement Notice;

(viii) Location Fee

A charge noted on the Rental Form where You collect the Vehicle from and/or return the Vehicle to particular locations, including but not limited to airport and downtown locations. The Location Fee varies from location to location and is levied as a percentage of other charges as shown on the Rental Form.

(ix) Costs Recoveries

The charge noted on the Rental Form in respect of operating costs including, but not limited to, vehicle registration, compulsory third party insurance, stamp duty on vehicle purchases and transport accident charges. The charge may vary in different States, Territories or other locations;

(x) Surcharges

The amount noted on the Rental Form in respect of the additional further operating costs of conducting business in certain regions or at certain venues, or related to use of the Vehicle by each Additional Driver or each person less than age 25;

 

(xi) Credit or Charge Card Surcharge

A minimun of 1.5% or the percentage rate as otherwise noted on the Rental Form of any amount charged to a credit or charge card;

(xii) Administration Fee

The percentage rate or the amount noted on the Rental Form in relation to administration functions undertaken in respect of vehicle rentals;

(xiii) Administrative Charges

An amount noted on the Rental Form for administrative functions Hertz undertakes including the payment of, or handling of any claim for, any charges and penalties, such as infringement processing, referred to in clause 4.(a)(vii) in respect of Your Rental;

(xiv) Breakdown Roadside Assistance

The cost of providing breakdown roadside assistance, where the problem (for which assistance is requested by You or an Additional Driver) is not caused by a problem inherent to the Vehicle.

(b) Regarding the Accessories, You agree to pay to Hertz the daily accessory charge noted on the Rental Form for each Rental Day or part thereof in which the Accessories are made available for rent.

(c) Where the amount of any charge is not specified on the Rental Form, the amount or the basis of calculation of the amount as determined by Hertz from time to time as set out:

Breakdown Roadside Assistance where the problem for which assistance is requested is not a problem with, or inherent to, the Vehicle, for example: the Vehicle has run out of petrol or You have locked the keys in the Vehicle. $150.00 (exclusive of GST)

In the event of an Accident the cost of recovery and/or towing the Vehicle to a Hertz location, police compound or a vehicle assessment / repair facility. From $150.00 (exclusive of GST) depending on distance travelled and time and/or difficulty of recovery of the Vehicle to be towed

Infringement Administration Fee for processing of all Infringements Notices. $33.00 (exclusive of GST)

Claims Administration Fee for processing all

Damages referred to in clause 6. $55.00 (exclusive of GST)

Vehicle keys and remote door opening device returned to wrong location at end of Rental Period

 

Replacement of Vehicle keys and remote door opening devices lost during the Rental Period From $150.00 (exclusive of GST)

From $150.00 to $2000.00 (exclusive of GST) depending upon vehicle type

Administrative Fee for the return of lost and found property to You Actual cost of postage, delivery or courier plus an administrative fee of $20.00 (exclusive of GST)

Cleaning of Excessively Dirty Vehicle

Cleaning Charge is the charge imposed for cleaning an Excessively Dirty Vehicle.

Cleaning Charge Administration Fee $55.00 (exclusive of GST)

 

Interest charged on outstanding rental charges Interest is calculated daily at the rate equal to Westpac Banking Corporation standard business overdraft rate plus 2%

(d) Long Term Rental will be invoiced on a 30 day cycle beginning from the commencement of the Rental Period or upon the conclusion of any period less than 30 days during the Rental Period for the Long Term Rental.

(e) You agree to pay to Hertz the charges under this clause on demand. That will usually be at the end of the Rental Period, but may involve payments being made subsequently, after the Vehicle or Accessories have been inspected by Hertz and where costs and expenses are determined after the Rental Period ends. Hertz may charge Your Credit Card for all charges under this clause 4. in accordance with clause 11.(a).

 

5. Full Responsibility

 

You should refer to clauses 5.(e), 5.(f) and 6. for Your potential liability resulting from any use of the Vehicle for, or incurred whilst the Vehicle is being used for, any Prohibited Use or by any Prohibited Person or for any Full Responsibility Use referred to in this clause. You should refer to clause 5.(d) for Your liability for Accessories.

(a) Prohibited Uses

The Vehicle must never be used:

(i) recklessly, or with deliberate intent to cause injury, loss or damage; (ii) in Tasmania unless rented from a location in Tasmania;

(iii) on Fraser Island or north of Cooktown in Queensland;

(iv) in the Northern Territory on the road to Jim Jim Gorge and Twin Falls or north of the Oodnadatta Track (including the following areas: Dalhousie Springs, Mount Dare, Witjira National Park and Pedirka Desert);

(v) in any other such location or region reasonably specified by Hertz

as an area or region which is prohibited;

(vi) for committing an illegal or unlawful act (other than a traffic offence which does not automatically result in the loss of your drivers’ license);

(vii) for racing or undertaking reliability trials or other contests;

(viii) for conveying passengers for hire or reward (unless Hertz consents in writing);

(ix) for hauling any goods that are incorrectly or inappropriately loaded or for the haulage of which the Vehicle was not designed (including any hazardous materials, such as any gases or substances which may form explosive mixtures); or

(x) for towing a trailer or any other vehicle, unless the Vehicle has a towbar, in which case You have permission from Hertz to tow a trailer provided the weight and dimensions of the item being towed do not exceed the specified capacity of the Vehicle.

(b) Prohibited People

The following people must never drive the Vehicle or otherwise be in control of the Vehicle:

(i) any person who is Intoxicated by any substance; or

(ii) any person other than an Authorised Driver.

(c) Full Responsibility Uses

You will be fully responsible and liable for Damages under clause 6. where the Vehicle is used:

(i) on any road or other surface which is not sealed other than a road under repair, or a road notified to You by Hertz, unless the Vehicle is a Four Wheel Drive (4WD) Vehicle;

(ii) in any Alpine Resort during the gazetted snow season or in any other area under conditions where a reasonable person would use snow chains.

(iii) on any beach or in any other area exposed to saltwater;

(iv) in any area or under any circumstances (including crossing a waterway or transporting a Vehicle across a waterway) where the Vehicle may or does become partially or totally immersed in water;

(v) under any circumstances where the Vehicle may or does sustain damage to the body or undercarriage as a result of making contact with a stationary object overhanging or on the road surface (including driving or attempting to drive under, over or around any such object);

 

(vi) under any circumstances where the Vehicle sustains damage to the roof area including but not limited to the fitting of roof racks (or similar devices), standing or sitting on the roof or making contact with overhanging objects;

(vii) under any circumstances where the Vehicle is refuelled with fuel other than which is recommended by the Vehicle manufacturer;

(viii) where a Vehicle on a Long Term Rental sustains mechanical damage as a consequence of non compliance with clauses 3.(c),

3.(d) and 3.(e);

(ix) where the Vehicle is driven between the hours of sunset and sunrise in the Northern Territory, the Pilbara in Western Australia or Kangaroo Island in South Australia and such Damage is caused by a collision with an animal or by the driver avoiding a collision with an animal;

(x) under any circumstances where the Vehicle and its keys are unsecured; or

(xi) in any other area or region specified to You by Hertz as an area or region in which the Vehicle must not be used; or

(xii) where a Vehicle sustains mechanical damage as a consequence of non compliance with clauses 3.(c) and 3.(d).

(d) Responsibility for Accessories

You will be fully responsible and liable for Damages under clause 6 to any Accessories even if You have accepted MAX or AER for the Vehicle. MAX or AER does not apply to any loss of or damage to Accessories.

(e) If the Vehicle is used for a Prohibited Use or by a Prohibited Person in breach of clause 5.(a) or 5.(b):

(i) to the extent permitted by applicable law, You will lose the benefit of any limitation on Your liability for loss of or damage to the Vehicle, even if You have accepted MAX or AER; and

(ii) will constitute a breach of this Agreement, making You responsible, to the fullest extent permitted by applicable law, for the actual and consequential damages to Hertz caused by the breach, together with Hertz’s related costs and legal fees.

(f) If the Vehicle is used for a Full Responsibility Use referred to in clause 5.(c), to the extent permitted by applicable law, You will lose the benefit of any limitation on Your liability for loss of or damage to the Vehicle, even if You have accepted MAX or AER.

(g) No smoking

No smoking is permitted inside the Vehicle. You are responsible to ensure that neither You nor any Authorised Driver, Additional Driver, passengers nor any occupants smoke inside the Vehicle. Should You or any Authorised Driver, Additional Driver, passengers or any occupants smoke inside the Vehicle You agree that the Vehicle will be deemed an Excessively Dirty Vehicle and to pay a Cleaning Charge in respect of the Vehicle.

 

6. Your Liability

 

(a) Subject to this clause 6., You are responsible, to the fullest extent permitted by applicable law, for all Damages which occur during the Rental Period or which result from Your rental or use of the Vehicle or Accessories.

(b) Notwithstanding anything in this clause 6. or any other clause, there is no cap or limit on Your liability to Hertz resulting from any use of the Vehicle for, or incurred whilst the Vehicle is being used for, any Prohibited Use or by any Prohibited Person or for any Full Responsibility Use referred to in clause 5. (Full Responsibility).

(c) You agree and consent to charge in Hertz all estate and interest in any land and/or in any other assets whether tangible or intangile in which You have any legal or beneficial interest and/or in which you later acquire such interest for the payment of all money for all Damages owing to Hertz.

(d) Your liability to Hertz for Damages to the Vehicle resulting from a Single Vehicle Accident is limited to the amount of the ADE plus

$2,200 (exclusive of GST) for a non 4WD Vehicle and $4,400 (exclusive of GST) for a 4WD Vehicle or such other amount in addition to the ADE as is specified in the Additional Terms.

(e) Your liability to Hertz for Damages to the Vehicle resulting from:

(i) water damage (other than by total or partial immersion) is limited to the amount of the ADE plus $2,200 (exclusive of GST) or such other amount in addition to the ADE as is specified in the Additional Terms;

(ii) hail, flood, fire, storm, cyclone or other natural disasters is limited to the amount of the ADE plus $2,200 (exclusive of GST) or such other amount in addition to the ADE as is specified in the Additional Terms.

(f) Your liability to Hertz for Damages to the Vehicle, other than as set out in clauses 6.(d) and 6.(e), which occur during the Rental Period or which result from Your rental or use of the Vehicle is limited to the amount of the ADE. In the event of damage to the Vehicle, You will be charged the amount of the ADE and should the cost of the repairs be less than the ADE, You will be reimbursed the difference.

(g) If the person driving or otherwise in control of the Vehicle when an Accident occurs is an Authorised Driver under 25 years of age, the limit on Your liability under each of clauses 6.(d), 6.(e) and 6.(f) will be increased by $2,200 (exclusive of GST).

(h) Notwithstanding clauses 6.(d), 6.(e) and 6.(f), You are liable to reimburse Hertz for Damages incurred as a result of You fitting Accessories (as provided by Hertz or otherwise) to the Vehicle incorrectly or otherwise in a manner which causes damage to the Vehicle, the Accessories or any other vehicle or property.

(i) Notwithstanding clauses 6.(d), 6.(e) and 6.(f), You are liable to reimburse Hertz to the extent that any breach by You of clause 9, including the making of any admission of liability in breach of clause

9.(d), results in Hertz incurring greater loss, damage, liability, cost or expense than it would have incurred but for Your breach.

(j) Notwithstanding clauses 6.(d), 6.(e) and 6.(f), You agree to indemnify and hold Hertz harmless to the maximum extent permitted by law from any claim against Hertz for loss of or damage to any personal property that is connected with the rental under this Agreement. This includes, without limitation, personal property left in any Hertz vehicle or brought onto Hertz’s premises, but does not include the Vehicle or any other property damaged as a result of the Vehicle colliding with it and does not include any loss or damage caused by the negligence or wilful default of Hertz.

(k) The liability of any Authorised Driver for causing personal injuries resulting from use of the Vehicle is covered by the statutory schemes relating to transport accident compensation in each State and Territory of Australia (subject to the conditions and limitations of those schemes). For details of the scope, conditions and limitations of this coverage, You should contact the relevant authority in the State or Territory in which the Vehicle is registered.

(l) You are responsible for returning the Vehicle to Hertz in the same condition as it was at the start of the rental.

(m) You are responsible for payment of any tolls incurred for use of tollways in Australia. Where tolls are charged electronically, you can pay the toll company:

(i) direct;

(ii) you may in some locations purchase tollway passes for the period of Your rental;

(iii) you authorise us to forward your credit card details to the toll company for payment; or

(iv) you warrant that you are authorised to permit us to forward the credit card details that you have provided to us, if not in your name, to the toll company for payment. Where the Card is not in Your name You warrant that You are authorised to permit and authorise Hertz to charge the Card inaccordance with clause 11.

 

7. Limited Liability and Indemnity

 

(a) You have rights under and in connection with this Agreement by reason of consumer protection legislation, including warranties that the Vehicle or the Accessories are of merchantable quality, matches any description or sample against which it is rented and any services are provided to You by Hertz using all due care and skill. Save for these rights Hertz provides no other warranties in respect of the Vehicle or the Accessories or Your rental of the Vehicle or the Accessories.

 

(b) For the sake of clarity, save for its obligations under clause 7.(a), to the maximum extent permitted by law Hertz accepts no responsibility or liability to You or any Authorised Driver for any loss, damage, costs, expenses, damages (including for loss of use or enjoyment but excluding any loss or damage caused by the negligence or wilful default of Hertz) or any other liabilities resulting from:

(i) any Accident, breakdown or any other failure of the Vehicle; or

(ii) loss of or damage to Your or anyone else’s personal property, which includes, without limitation, personal property left in any Hertz Vehicle or brought onto Hertz’s premises; or

(iii) any error or omission in any street directory,vehicle navigation system or other map (whether or not provided by Hertz), or any fault in or malfunction of any car phone, ipod, ipad (or similar type device) or vehicle navigational system (whether installed in or otherwise provided with the Vehicle).

(c) Without limiting the foregoing, to the maximum extent permitted by law Hertz will not be liable to You or any Authorised Drivers for any loss of use or enjoyment of the Vehicle, the Accessories or another vehicle or any indirect, special or consequential damages arising in any way out of any matter covered by this Agreement;

(d) Unless You have rented the Vehicle and the Accessories for personal, domestic or household use, any liability of Hertz, including any liability for negligence, is limited to the extent permitted by law to:

(i) in the case of goods, at the option of Hertz:

(A) replacement of the goods or supply of equivalent goods; (B) repair of the goods;

(C) payment of the cost of replacing the goods or acquiring equivalent goods; or

(D) payment of the cost of having the goods repaired. (ii) in the case of services, at the option of Hertz:

(A) supplying of the services again; or

(B) payment of the cost of having the services supplied again.

 

8. Representations by Travel Agents

 

For the sake of clarity, travel agents are not Hertz employees or agents of Hertz. Accordingly, to the extent permitted by law, Hertz does not accept liability for claims, statements or representations made by any travel agent concerning the Vehicle, the Accessories or Hertz’s services under this Agreement.

 

9. Accidents and Fines – What You Do

 

(a) You must report any Accident (irrespective of whether it results in the Vehicle or any Accessories being damaged, lost or destroyed) to Hertz as soon as possible after the Accident occurs.

(b) You must provide all information Hertz reasonably requests concerning the Accident within 48 hours of any request. Without limiting the foregoing, You must deliver to Hertz a correctly completed Vehicle Incident Report Form to the Hertz rental location from which the rental vehicle is rented or to which it is returned including any police witness statements or reports within 48 hours after the Accident.

(c) You agree to assist Hertz (at Hertz’s cost and direction) in respect of any claim or action brought in respect of any Accident, including attending court to give evidence.

(d) No offer of compromise, payment, settlement, waiver, release, indemnity or any other admission of liability (other than a true statement made under compulsion of law) must be made by You or on Your behalf in relation to the Accident.

(e) Any papers or other documents received by You concerning the Accident must be promptly given to Hertz. You further agree to take reasonable steps to ensure that any other person who receives any such papers or documents concerning the Accident provides those papers and documents promptly to Hertz.

(f) You agree to report any traffic or parking infringement which occurs

during the Rental Period to Hertz as soon as possible after it occurs.

(g) Hertz may, in the exercise of its reasonable discretion, terminate Your renting of the Vehicle or the Accessories and not provide a replacement vehicle or replacement accessory after an Accident. In the event of termination, Hertz will refund pro-rata prepaid charges but reserves the right to set off any such prepaid charges against all charges due and payable under clause 4. and in respect of Damages due and payable under clause 6.

(h) By entering into the agreement and the hiring of the Vehicle you consent to and authorise Hertz to obtain copies of any police witness statements or reports made or able to be obtained by You in relation to the Accident or police charges against You.

 

10. Consent to Use and Disclosure of Personal Information

 

(a) You agree that Hertz may use and disclose Your personal information in accordance with its Privacy Policy

(b) You consent to Hertz obtaining reports from credit reporting agencies for the purpose of assessing Your applications to rent vehicles from Hertz and managing Your rentals of vehicles. You also consent to Hertz giving Your identity particulars to credit reporting agencies for the purpose of obtaining such reports and to Hertz obtaining information about You from credit providers identified in such reports. You understand that if You default on payment obligations to Hertz, information about that default may be given to credit reporting agencies and such agencies may share this information with their subscribers.

 

11. Credit, Charge or Debit Cards and Cash

 

(a) You authorise Hertz to charge the credit, charge or debit card (‘Card’), the imprint of which or the number of which You provide to the Hertz representative when renting the Vehicle (or at any other time), in respect of all charges due and payable under clause 4. and in respect of Damages due and payable under clause 6. or such other amount in addition to the ADE as is specified in the Additional Terms.

(b) If You present a Card at the commencement of the rental, You also authorise Hertz to reserve credit with, or obtain an authorisation from, the Card issuer at the time of rental in an amount up to the expected cost of the rental (less any discount, credit or rebate) plus $200.00 (exclusive of GST) or other such amount advised at time of reservation.

(c) If Hertz charges Your Card for Damages due and payable under clause 6., it will promptly notify You of the amount so charged and provide details of the Damages. If You dispute the Damages or the amount charged, You may contact the Hertz representative stated on the notification letter. Hertz will deal promptly with any dispute and, if it reasonably considers that any amount should be refunded to You, will

promptly credit that amount to Your Card. If You are dissatisfied with any determination made by Hertz in this respect, You may contact Hertz’s Customer Relations Department.

(d) Your Card may be so charged within 28 days after the Vehicle has been returned, notwithstanding that any particular charge or amount of Damages could have been but was not charged when the Vehicle was returned.

(e) Where it appears to Hertz that Damages resulting from Your rental of the Vehicle may approach or exceed the amount limited by clauses 6.(d), 6.(e), 6.(f) and as qualified by clause 6.(g), Hertz will charge Your Card with that amount. If it later transpires that actual Damages are less than that amount, Hertz will promptly credit the difference to Your Card.

(f) You warrant that the Card is Your’s and You (whether alone or with another person or other people) are responsible for all amounts credited, charged or debited to that Card. Where the Card is not in Your name You warrant that You are authorised to permit and authorise Hertz to charge the Card inaccordance with clause 11.

(g) If You provide a cash deposit at a rental location, there is no guarantee the deposit (or part thereof) will be reimbursed in cash at the time the Vehicle is returned to Hertz. In these circumstances, a cheque will be forwarded within 14 business days of return of the Vehicle to the address notated on the Rental Form.

 

12. Optional Renter Protection Services

 

(a) You may purchase optional Renter Protection Services which may reduce Your liability under clause 6. for Damages which occur during the Rental Period or which result from Your rental or use of the Vehicle. Optional Renter Protection Services will not reduce or limit Your liability for any Loss of or Damage to Accessories or the Damages arising therefrom. Rental Protection Services offered by Hertz is not an insurance policy.

 

(b) Notwithstanding anything in this clause 12. or any other clause, and irrespective of whether You purchase any Renter Protection Services, there is no cap or limit on Your liability to Hertz:

(i) resulting from any use of the Vehicle for, or incurred whilst the Vehicle is being used for, any Prohibited Use or by any Prohibited Person or for any Full Responsibility Use referred to in clause 5. (Full Responsibility); or

(ii) pursuant to clauses 6.(h), 6.(i) and 6.(j).

(c) If Maximum Cover (MAX) (which is only available at some locations) is offered to and accepted by You as noted on the Rental Form:

(i) other than as set out in clauses 12.(c)(ii), 12.(c)(iii) and 12.(c)(iv).

You have no liability to Hertz for Damages which occur during

the Rental Period or which result from Your rental or use of the

Vehicle (including tyre and/or windscreen damage);

(ii) You have no liability to Hertz for Damages resulting from a Single Vehicle Accident unless the person driving or otherwise in control of the Vehicle when the Single Vehicle Accident occurred was an Authorised Driver under 25 years of age, in which case Your liability to Hertz is limited to the amount of the ADE noted on the Rental Form plus $2,200 (exclusive of GST);

(iii) Your liability to Hertz for Damages to the Vehicle resulting from: (a) water damage (other than by total or partial immersion) is

limited to the amount of the ADE plus $2,200 (exclusive

of GST) or such other amount in addition to the ADE as is

specified in the Additional Terms;

(b) hail, flood, bush fire, storm, cyclone or other natural disasters is limited to the amount of the ADE plus $2,200 (exclusive of GST) or such other amount in addition to the ADE as is specified in the Additional Terms;

(iv) if the person driving or otherwise in control of the Vehicle when an Accident occurs is an Authorised Driver under 25 years of age, the limit on Your liability to Hertz under each of clauses 12.(c)(ii),

12.(c)(iii) and 12.(c)(iv) is increased by $2,200 (exclusive of GST).

(d) If Accident Excess Reduction (AER) is offered to and accepted by You as noted on the Form:

(i) other than as set out in clauses 12.(d)(ii), and 12.(d)(iii), Your liability to Hertz for Damages which occur during the Rental Period or which result from Your rental or use of the Vehicle is limited to the amount of the ADE noted on the Rental Form;

(ii) Your liability to Hertz for Damages resulting from a Single Vehicle Accident or water damage (other than by total or partial immersion) is limited to the amount of the ADE noted on the Rental Form PLUS $2,200 (exclusive of GST); and

(iii) if the person driving or otherwise in control of the Vehicle when an Accident occurs is an Authorised Driver under 25 years of age, the limit on Your liability to Hertz under each of clauses 12.(d)(i) and 12.(d)(ii) is increased by $2,200 (exclusive of GST).

 

13. Written notice or demand

 

Any written notice or demand required to be given under this Agreement

will be sufficiently made:

 

(i) if left at the address stated on the Rental Form;

(ii) if the notice or demand is posted by prepaid post to Your address stated on the Rental Form it will be deemed to have been received by You 2 business days after the date on which the notice or demand was posted;

(iii) if made by facsimile, email, sms or other electronic form on the numbers or electronic addresses stated on the Rental Form;

(iv) if the notice or demand is sent by the electronic form referred to in clause 13.(iii) it will be deemed to have been received by You on the day on which, at the time at which and from the place from which it appears from the notice or demand to have been sent.

 

14. Severence

 

Any part of this agreement shall be severable without affecting any other part of this agreement.

 

 

Vehicle Condition Report

 

When you rent a vehicle from Hertz, you are responsible for returning that vehicle to Hertz in the same condition as it was in at the start of the rental, with the exception of fair wear and tear.

A vehicle Condition Report is incorporated into the rental agreement or a report labelled ‘Vehicle Condition Report’ handed to you at the counter when you collect your vehicle. This report will identify any pre-existing damage that there may be to your vehicle. We ask that you check the condition of your vehicle when you collect it and, if there is any discrepency between its condition and the Vehicle Condition Report, you return to the counter and request that the report be amended or a new report be prepared.

This practice has been introduced for the peace and mind of our renters and Hertz.

 

Vehicle Incident Report

 

In the event of an accident:

 

1. Please complete the Vehicle Incident Report From which can be obtained from any Hertz location and return to the Hertz rental location from which the rental vehicle is rented or to which it is returned.

2. Do no admit liability in relation to the accident to any person (other than a true statement made under compulsion of law).

3. You should also promptly report details to Hertz. Telephone numbers are available through central reservations or atwww.hertz.com. The central reservations telephone number appears on the front of this rental wallet.

4. In the event of an injury, report the accident to the Police immediately.

5. Please ensure that you read all the Terms & Conditions of your Rental Agreement.

 

Hertz Contact Details

 

Reservations: hertz.com.au OR Tel: 13 30 39

Roadside Assistance: Tel: 1800 996 010

Customer Relations: Tel: 1800 550 078 OR

Email:aushertzcustrel@hertz.com

Claims Management: Tel: 1800 550 028 OR

Email:hcmclaimsau@hertz.com