GENERAL CAR HIRE TERMS & CONDITIONS

Roadside Assistance
24-hour assistance is included with all rentals in regard to mechanical fault. However human error call outs (e.g. keys locked in vehicle, run out of fuel, flat tyres, leaving lights on to flatten battery etc) will not be covered whatsoever unless the roadside assistance package is added to your rental agreement prior to your collection. If roadside assistance is needed, please contact our office directly so this can be arranged.

Area of use
The area of use is restricted to the Southeast Queensland region. From the Sunshine Coast, south through to Byron Bay and west to Toowoomba. The area of use must be shown on the face of the contract and deviations of more than 100 kilometres in any direction are not allowed without written consent from Andys Auto Rentals. Driving outside of these areas without written permission from Andy’s Auto Rentals will void the liability and the hirer will be liable for all costs. When booking the vehicle, if you are travelling outside of the Brisbane – Gold Coast – Sunshine Coast area, please contact our office first as additional fees and charges that maybe incurred & you may void your insurance cover. Vehicles cannot enter South Australia, Western Australia, Tasmania or the Northern Territory at all.

Cancellation Fees
Cancelled 8-24 days or more of collection — 20% of Gross Total ($200 minimum)
Cancelled 2 – 7 days of collection — 50% of Gross Total ($200 minimum)
Cancelled 24 hours or less — 100% of Gross Total
If a deposit is requested and paid due to the nature of the vehicle being booked, this deposit is automatically non-refundable regardless of notice given.

Refunds
No refunds are given for early returns or late collections. Any changes to your plans must be notified to Andy’s Auto Rentals. Late collections do not mean that your return time will be altered.

Towing
When towing, any damage cause by the trailer and or load will be the sole responsibility of the hirer. This includes damage to the tow vehicle and any third-party property. Prior to towing written authorisation must be received from Andy’s Auto Rentals. If a trailer is provided by Andy’s Auto Rentals, the contents of the trailer and any damage caused to the contents is the responsibility of the hirer. Andy’s Auto Rentals encourages all hirers to take their own insurance to cover their belongings.

If you do need to tow, please contact our office for details and costings.

4wd’s
The 4wd’s are not used on unsealed roads. We do not allow our vehicles to travel off road or on beaches. The 4wd’s are not to be used for towing unless the “towing fee” has been paid and that is shown on the face of the contract. Failure to comply with the above will result in all liability coverage being voided and the hirer liable for all costs.

Trucks
All hirers of trucks must have the appropriate level of licence. Trucks are not to be overloaded, please ask staff before booking the vehicle of the weight limits. All fines and any damaged caused by or to the trucks will be at the hirer’s expense. Speeding Fines and traffic infringements will incur a further $100 administration fee. It is the hirers responsibility to know if a logbook is required when hiring the larger trucks and should seek information from Queensland Transport to ensure obligations are met.

Cleaning
All Vehicles are given to customers in a respectable state, and we ask that they be returned the same way. Charges will incur if a vehicle is dirty when it is returned. Pets are not permitted in any of Andy’s Auto Rentals vehicles. Please be considerate of other hirers. If a vehicle requires cleaning a minimum charge of $100.00 will be incurred to cover the collection of the vehicle, cleaning and wet vac or polishing of marks etc to be done plus staff time incurred to do those jobs.

Single Vehicle Incidents
Where the vehicle is involved in a single-vehicle incident the hirer will not be provided with a replacement vehicle and will not have the balance of the hire funds refunded. The hirer will be responsible for making their own travel and accommodation arrangements.

FULL TERMS AND CONDITIONS OF RENTAL AGREEMENT

ALL OF THE FOLLOWING TERMS ARE SUBJECT TO OUR TERMS AND CONDITIONS

Provisions and exclusions of insurance cover

All Vehicles: any accident must be reported to our office within Twenty Four (24) hours of the accident and must be accompanied by a police report if applicable. In the event ohirer amf an accident involving another vehicle; if the insurance and relevant contact details of the third party are not supplied to our Company damages will revert back to the single-vehicle liability. Gold Cover and Premium Cover insurance only covers animal damage caused during day light hours otherwise it reverts back to single vehicle liability.

In the event that the hirer voids, cancels or returns the vehicle earlier than the agreed time on the contract no refund will be given.

If you are collecting a vehicle and no staff member from Andy’s Auto Rentals is present the hirer is responsible for ensuring they take before and after photographs as these are non manned Andy’s Auto Rental locations at those times. Photograph front, back, each side of vehicle, fuel and odometer reading on collection and return.

Late returns will incur a fee which is calculated as a percentage of the rental for each hour up to 5 hours at which point a full day will be charged. The insurance fee will be paid upfront in full within the first hours charge and cannot be prorated.

Breakdowns – In the event of a breakdown which is deemed mechanical error, Andy’s Auto Rentals will pay all costs associated with the breakdown (excluding accommodation and transport costs for the hirer) In the event of a breakdown which is deemed driver error the hirer will be liable for all breakdown costs.

Infringements – All traffic violations (including speeding fines, parking fines) are the responsibility of the hirer(s). An administration fee of $100 will apply per traffic violation received by our Company.

Cleaning Fees – Smoking is not permitted in any rental vehicles. If smoking is detected by our staff a cleaning fee of$100 will apply and $300 for 12 seat vehicles
or larger – Alcohol is not to be consumed within any rental vehicle and must be in a sealed container if it is being carried in the vehicle, a cleaning fee of $100 will apply and $300for 12 seat vehicles or larger if there is evidence of alcohol consumption within the rental vehicle Pets and animals – are not permitted to be carried in any rental vehicle, a min. $50 fee will incurr if our staff deem necessary.

Fuel– All rental vehicles must be returned with the same level of fuel as it is given. If the vehicle is not returned with the same amount of fuel the hirer(s) will be billed at $3.50 per litre. The hirer is totally responsible for any repairs needed to any hire vehicle caused by the customer placing the incorrect fuel in the vehicle.

Trucks – There is no guarantee that the truck you are hiring is completely water tight. We do not cover or take responsibility for water damages caused to your personal belongings therefore it is your responsibility to ensure that the correct precautions are taken during storms and rain. It is the responsibility of the hirer to ensure that they provide and complete a log book if necessary. Any fines will be passed directly to the hirer(s) if the law is not followed. QLD transport – 13 23 80 NSW RTA – 132 213.

In the event of the truck being involved in an accident and where the truck has hit a parked car, the liability will move to the single vehicle liability applicable to that particular vehicle category.

Utilities – The law states (in all states and territories) that the load in the utility must be covered and secured entirely. By signing this contract you are acknowledging that you understand it is your responsibility to ensure that you comply with these laws and secure your load accordingly.the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle

Exclusions
The cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle

The cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; and /or failure to obey any relevant traffic laws or directions and/or height markers regarding low lying bridges or other causeways.

(Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens, or damage to the third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;)

You driving the Vehicle in a manner that results in total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs as a result of You driving the Vehicle through floods, creeks or rivers);

RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS
This is an Agreement between the prospective hirer identified on Page 1. (you) and the Company identified on page 1. (the Company) to rent the motor vehicle described on Page 1. including all accessories, tools, tyres, and equipment and any replacement vehicle (the vehicle).

1. VEHICLE CONDITION 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 OR TYRE DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on Page 1 and on the date there specified (or sooner, if demanded by the Company). The Company may take possession of the vehicle without prior 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 50¢ per kilometre.

Note: The company must be notified and agree to any extension of the period of hire beyond that stated on Page 1 of this agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.

2. UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle:
(a) A person who is not identified as an authorised driver on Page 1 or has not been identified in writing to the Company or approved by the Company in writing. Identified means that we have sighted the licence and all details have been entered as an authorised driver on the front of the contract in regards to name, licence number and Date of birth.

(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 or for whom you have given a false name, age, address or driver’s licence details.

(e) A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years.

(f) A person who has held a driver’s licence for less than two years.

Circumstances in which and/or for which the vehicle must not be used:
(g) Outside the area of use limitations shown on Page 1.

(h) On unsealed roads or off road conditions unless authorised by us in writing or on the face of this agreement.

(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) To carry any animal or pet in the vehicle unless authorised in writing or on the face of this agreement.

(m) For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.

(n) In a dangerous manner.

(o) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

3. FINANCIAL 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 THE CREDIT CARD PROVIDED OR ANY OTHER CREDIT CARD PROVIDED (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:
(a) All rental charges specified on Page 1.

(b) All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company.

(c) All loss of or damage to the motor vehicle (including loss of use) 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 any special condition on Page 1 has been breached;

(ii) if the vehicle is involved in a single vehicle incident (or not under the control of an authorised driver nominated on the front of the contract at the time of loss). A single vehicle liability is defined as any damage to the vehicle regardless of how it was caused except where another insured vehicle is involved and it and the drivers details are obtained for our insurance company.

(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 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 become aware;

(xi) the vehicle is damaged by loading or unloading, other than normal wear.

(xii) you failure to secure properly any loader equipment which leads to loss caused by any part of said load or equipment. Special Note: If you have paid by use of a credit card or directed the Company to bill charges to some other person, corporation, firm 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 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 of Page 1.

(c) You’re 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 sole conduct of the proceedings.

5. GENERAL PROVISIONS
(a) You will promptly report any incident involving loss or damage to the vehicle 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.

(b) You release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to your personal property, or that of any other persons property left in the vehicle, or which is received handled or stored by the company at any time before, during or after this rental 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, ITS 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.

6. FUEL
The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on Page 1.

7.COMMERCIALS – The vehicle is not covered by insurance and the hirer will be liable for all losses or damage in regards to single vehicle incidents, reversing damage or overhead damage however caused.

8. 4WD – Hire conditions attached.

9. BUSES

(a) 12 Seat – The driver will be responsible for up to $5000.00 for any overhead, under body or reversing damage however caused.

(b) 25 seat – The driver will be responsible for up to $7500.00 for any overhead, under body or reversing damage however caused.

10. OUT OF HOURS

If the vehicle is returned out of hours (which we do not advise) at a non-airport location, the vehicle is not deemed to be returned until the depot is opened and the vehicle checked in by one of our staff. The hirer/driver will be liable for all damages to the vehicle however caused until the vehicle has been checked in by an Andy’s Auto Rentals staff member.

I HAVE READ AND UNDERSTOOD THIS PAGE AND ANY OTHER CONDITIONS AND SIGNED IT BEFORE MAKING ANY AGREEMENT TO HIRE ANY VEHICLE.

1. Introduction
1. The contract (Rental Contract) you are entering into with Andy’s Auto Rentals / Go Aussie Car Rentals / Nu Car Rentals consists of the rental contract (rental agreement) and the terms and conditions of rental. If we refer to the rental contract then this is meant to include both the rental agreement and the terms and conditions.
2. The date of the Rental Contract is the date shown in the Rental Agreement.
3. Could you please make sure you understand the rental contract as you will be legally bound by it once you sign advising us that you understand what you are entering into so please ask any questions prior to signing.
2. Who is able to drive the Vehicle?
1. Only the name authorised drivers on the front of the contract can drive the Vehicle. Authorised means that we have sighted and noted the name, licence number and expiry date on the front of the contract.
2. It is a Major Breach of the Rental Contract if anyone who is not authorised to drive the Vehicle does so. If there is a Major Breach of the Rental Contract there is no cover for any of the named parties on the contract, the Authorised Driver or the unauthorised driver for any Damage or Third Party Loss how ever so caused.
3. The minimum age limit for those renting Our Vehicles is 25 years of age. If you are 21 years of age up to 24 years of age you can hire and drive the vehicle but there will be additional insurance costs and would need a deposit – so please contact one of our depots for more information.
4. You and all Authorised Drivers must have a valid licence to drive the class of Vehicle which is issued in Australia or an international licence (with a translation into English if it is not issued in English) and not subject to any restriction or condition. Learner drivers are not acceptable and must not drive the Vehicle.
3. Damage Cover Exclusions
1. You will have no cover if there is a Major breach of the rental contract even if you have prepaid for a collision damage cover. This includes but not limited to false information provided on the incident report or any document associated with the incident.
2. The Vehicle must not be driven by You or any Authorised Driver:
   1. if You or any Authorised Driver is intoxicated or under the influence of drugs or alcohol or has a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
   2. recklessly or dangerously; or
   3. whilst the Vehicle is damaged or unsafe – you must notify us immediately and not drive the vehicle – if you do so you may cause more damage which you may be liable for.
3. You and any Authorised Driver must not:
   1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
   2. use the Vehicle:
      1. for any illegal purpose;
      2. to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
      3. to propel or tow another vehicle; unless authorised in writing by us on the face of the contract and a tow fee will apply.
      4. in an unsafe or un-roadworthy condition.
4. You and any Authorised Driver must not:
   1. damage the Vehicle deliberately or recklessly or allow anyone else to do so;
   2. modify the Vehicle in any way;
   3. sell, rent, lease or dispose of the Vehicle; or
   4. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
5. You and any Authorised Driver must not use the Vehicle:
   1. to carry passengers for hire, fare or reward or for rideshare purposes; or
   2. to carry more than the number of passengers for which the Vehicle is licensed.
6. You and any Authorised Driver must not smoke in the Vehicle and You must prevent any passenger from doing so. Additional costs will be charged if smoking is detected for cleaning and deodorising.
4. Area of Use
1. The Vehicle must only be driven on a sealed road or a properly formed, constructed and maintained unsealed road and must never be driven:
   1. Off Road; unless firstly authorised by us in writing on the front of the contract and an off road fee charged
   2. in any area where snow has fallen; or
2. above the snow line in Victoria, Tasmania & New South Wales.
3. The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
   1. roads that are prone to flooding or are flooded;
   2. beaches, streams, rivers, creeks, dams and floodwaters;
   3. any road where the police or an authority has issued a warning;
   4. any road that is closed; and
   5. any road where it would be unsafe to drive the Vehicle.
4. The Vehicle must never be driven or used:
   1. outside of the area of use noted on the contract and if you wish to drive outside that area we must be notified prior to or on pick up as the vehicle supplied may not be appropriate to travel larger distances.
   2. If hiring a vehicle from the airport and you are given unlimited klms (only applies to certain classes of vehicle) then it can only be driven in a 250klm radius from the airport where you collected the vehicle from and if going outside of that area we must be notified and additional klm charges will apply.
5. The Vehicle must never be driven or used:
   1. in Tasmania
   2. in Western Australia and the Northern Territory:
5. Hirer and Driver Obligations
1. At the Start of the Rental You must inspect the Vehicle to make sure that any pre-existing damage is noted and shown in the Rental Agreement. We do photograph all vehicle prior to pick up and have no issue and encourage you to do the same.
2. If any bonds need to be paid they must be done so at time of collection.
3. Only the named person on the contract is authorised to drive the vehicle and we may allow additional drivers at an additional cost.
4. If you are hiring the vehicle for more than a continuous period of 30 days then you must bring the vehicle in for us to inspect and check for any servicing issues and damages.
5. You are expected to use your best endeavours to protect and look after the vehicle while in your possession 1. To prevent theft, damage or 3rd party loss 2. Protect the vehicle against inclement weather such as hail by parking the vehicle in a position whereby it is protected. 3. You will need to keep the vehicle locked and secure at all times and keep the keys under your personal control at all times. In the event of a theft you will need to produce the key.
6. You will be need to ensure you use the correct fuel type for the vehicle and ensure you do not run out of fuel.
7. You will need to comply with all statutory road rules applicable to that state or territory and ensure all passengers are using their seat belts and correctly restrained in the vehicle as well as yourself and any loads or loose objects.
8. You must ensure that all child restraint laws are being complied with and that you have ensured all child seats and boosters are being used by the appropriate age and size to comply with all regulations.
9. At the End of the Rental You must:
   1. return the Vehicle:
      1. in the same condition it was in at the Start of the Rental, fair wear and tear excepted; and
      2. with the same level of fuel as it was when picked up;
   2. also pay:
      1. any outstanding Rental Charges, including any adjustment for extra kilometres if they apply;
      2. the cost of refuelling, including a refuelling charge, if the Vehicle is returned with less than fuel level at time of pickup;
      3. the Damage Excess liability if there is Damage or Third Party Loss as a result of an Accident.
      4. any costs We incur, including extra cleaning costs in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded;
      5. for all Damage, theft of the Vehicle and Third Party Loss arising from a Major Breach of the Rental Contract;
10. You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority PLUS admin fee if charged by us to handle the infringement or fine.
11. If We pay for any tolls, fines or infringements incurred by You during the Rental Period We will charge You an administrative fee for all such payments as well as charging You for the toll, fine or infringement.
12. You must comply:
    1. with all mandatory seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened;
    2. . with all child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened
13. You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in your possession, or that of any Authorised Driver, at all times.
14. You and any Authorised Driver must take reasonable care of the Vehicle by:
    1. preventing it from being damaged;
    2. making sure that it is protected from the weather;
    3. maintaining the engine and brake oils and coolant level and tyre pressures and checking these no less than on a weekly basis;
    4. using the correct fuel type; and
    5. making sure it is not overloaded.
15. If the Vehicle develops a fault during the Rental Period You must inform Us immediately and not drive the Vehicle unless We have authorised You to do so and You must not let anyone else repair or work on the Vehicle or towing or salvage of it without Our prior written authority to do so.
16. Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
6. Damage Cover
   1. Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions if You or any Authorised Driver has an Accident or if the Vehicle is stolen We will indemnify You for the theft, any Damage or Third Party Loss but You must pay up to the Damage Excess for each Accident or theft.
   2. You may purchase at an additional cost a reduced Collison Damage Waiver or Single vehicle incident waiver (subject to vehicle class) which reduces the Damage Excess to the amount shown in the Rental Agreement.
   3. There is no Damage Cover, You and any Authorised Driver are liable for all Damage or Third-Party Loss arising from:
      1. a Major Breach of the Rental Contract;
      2. the use of the Vehicle by any driver who is not an Authorised Driver; or who is less than 21 years of age;
      3. Overhead Damage;if applicable
      4. Underbody Damage; if applicable and
      5. immersion of the Vehicle in water.
   4. There is no Damage Cover for personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
      1. You;
      2. any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
      3. any relative, friend or associate of an Authorised Driver; or
      4. Your employees;
7. Rental Period, costs & charges
1. The Rental Agreement Shows:
   1. the Rental Period for which You have hired the Vehicle; and
   2. the Rental Charges.
2. At the End of the Rental You must return the Vehicle on the date and by the time shown in the Rental Agreement. If You require the Vehicle for longer than the Rental Period, You must notify Us at least 24 hours prior to the expiration of the Rental Period. If You fail to do so, We may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
3. If You return the Vehicle:
   1. more than one hour after the time set for its return in the Rental Agreement We will charge You 20% of the daily rate each hour plus the full insurance up to 5 hrs at which time one full day’s hire fee will be charged.
   2. No after hour returns are permitted at metropolitan depots under any circumstances and only after hours returns are permitted at airport depots if you have pre arranged it and paid the after hours fee and are aware of the different return procedures.
4. At the End of the Rental You must also pay for all amounts owing, If you fail to do so You must Pay:
   1. The reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs.
   2. Any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If any amount is due to Us or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.
   3. If You default in the payment of any moneys owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
   4. Cancellation of hire
      If:
      1. Your booking is cancelled within 48 hours prior to the Start of the Rental; or
      2. You fail to notify Us of Your intended cancellation prior to the Start of the Rental,

You will be charged the hire charges for the Rental Period as booked unless We are able to hire the Vehicle to another hirer for an equivalent term and rate.

8. Toll Charges and Processing (Melbourne, Brisbane and Gold Coast Only) PLEASE CLICK ON THE LINK BELOW mye-toll.com.au
9. Animals in Vehicles
   1. Animals are not permitted in the vehicles and if detected a cleaning fee will be charged.
10. Accidents or breakdowns
    1. We are not responsible for:
       1. Damage as a result of use of the incorrect fuel type or contaminated fuel.
       2. a flat battery because the lights or entertainment systems have been left on;
       3. tyre changing;
       4. lost keys or remote control device; or
       5. keys or remote control device locked in the Vehicle, and extra charges will apply if any of these services are provided at Your request.
    2. If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.
    3. If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
       1. any person is injured;
       2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
       3. the other party appears to be under the influence of drugs or alcohol,

    You or the Authorised Driver must also report the theft or Accident to the Police.

    4. If You or an Authorised Driver has an Accident You and the Authorised Driver must:
       1. exchange names and addresses and telephone numbers with the other driver;
       2. take the registration numbers of all vehicles involved;
       3. take as many photos as is reasonable showing:
          1. the position of the Vehicles before they are moved for towing or salvage;
          2. Damage to the Vehicle;
          3. the damage to any third party vehicle or property; and
          4. the general area where the Accident occurred, including any road or traffic signs;
          5. obtain the names, addresses and phone numbers of all witnesses;
          6. not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
          7. forward all third party correspondence or court documents to Us within 7 days of receipt; and
          8. co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer’s office or any Court hearing.
11. Consequences of a Major Breach of the Rental Contract
1. If You or any Authorised Driver:
   1. commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
   2. drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, has occurred,
2. You and any Authorised Driver:
   1. have no Damage Cover;
   2. are liable for all Damage, theft of the Vehicle and Third Party Loss; and
   3. are liable for and must pay any additional costs or expenses We incur as direct consequence thereof.
3. Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of a clause has occurred.
12. Privacy Policy
1. The Privacy Policy forms part of the Rental Contract.
2. By entering into the Rental Contract with Us You represent to Us that You have read and understood the Privacy Policy.
3. You consent to Us collecting, using and disclosing Your Personal Information in accordance with the Privacy Policy.
13. Other General Provisions
1. The Rental Contract is governed by the laws of the state in which the Vehicle was rented and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
2. The Australian Consumer Law provides You with rights that are not affected by the Rental Contract and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.
3. We may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the vehicle or truck to be tracked or located. By hiring an Andys Auto Rentals ( or any owned subsidiary) vehicle or truck you expressly consent to us using a GPS Device on the vehicle during the rental period and collecting, using and retaining information from the GPS Device.
14. Finance Arrangements

You acknowledge that we may have entered into a Finance Arrangement in respect of the Vehicle. You agree that despite any provision to the contrary in this document:

(a) the terms of a Finance Arrangement in respect of the Vehicle prevail over the terms of this document;
(b) an event of default (however described) by us under a Finance Arrangement will entitle the Financier to terminate this Rental Agreement even if there is no event of default by you under this Rental Agreement;
(c) the Security Interest of a Financier in respect of the Vehicle takes precedence over any other Security Interest; and
(d) you have no option or other entitlement and will not purchase the Vehicle.

15. Definitons

When You read these Terms and Conditions You will see that there are a number of terms that occur regularly throughout this document. These words or phrases have a specific meaning each time they appear and You should familiarise Yourself with them.

Accident means an unintended and unforeseen incident, including:

1. a collision between the Vehicle and another vehicle or object; or
2. a weather event, including hail Damage, that results in Damage or Third-Party Loss.

Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded and signed on the Rental Agreement prior to the Start of the Rental.

Damage means:

1. any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear;
2. towing and salvage costs;
3. assessing fees; and
4. Loss of Use,

and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Vehicle has been stolen.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.

Financier means a financier who has entered into a Finance Arrangement with us in respect of the Vehicle hired under this Rental Agreement.

Finance Arrangement means any finance arrangement between us and a Financier under which we have or are acquiring the Vehicle (whether by way of an equipment loan, finance lease or otherwise) leased under this Agreement.

GPS Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach means a breach of any of clauses, 2, 3 AND 4 that causes Damage, theft of the Vehicle or Third Party Loss.

Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Overhead Damage means: damage at or above the level of the top of the front windscreen of the Vehicle; or Third Party Loss, caused by: contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path; objects being placed on the roof of the Vehicle; or You or any person standing or sitting on the roof of the Vehicle.

PPSA means the Personal Property Securities Act 2009 (Cth) and any regulations made pursuant to it.

Privacy Policy means Our Privacy Policy available at

https://www.andysautorentals.com.au/faq/terms-conditions/privacy-policy/

Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Location means the location from which the Vehicle was hired.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Security Interest has the same meaning as in the PPSA.

Start of the Rental means the date and time that the hire commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit.

We, Us, Our, means Andy’s Auto Rentals, Go Aussie Car Hire or NU Car Rentals

You, Your means the person, whether it is an individual, a firm or company that rents the Vehicle from Us and whose name is shown in the Rental Agreement.