Terms and Conditions | Andy's Auto Rentals

GENERAL CAR HIRE TERMS & CONDITIONS

Licence’s
Drivers must be a minimum age of 21 years and hold a current Australian, overseas or international driver’s licence (All licence’s must be in English)

Age
Drivers between the ages 21 to 24 years are restricted to certain types of vehicles they can hire. A surcharge of $10 per day will apply to drivers under the age of 25 years.

Payment
Is to be made in full at the time of collection, we accept Visa, MasterCard, Amex, Diners cards and cash payments. (Please note that a surcharge applies for the use of Amex & Diners Cards)

Bonds
Depending on which liability option is taken and the age of the driver and what vehicle is being hired as to what amount is needed, to be debited on the customer’s credit card. This amount we be debited from the credit card and refunded back to the customers card 7 days after the return of the vehicle pending and charges outstanding charges if any. Once the refund has been processed an invoice will be emailed to the customer. Please note the refund may not appear immediately in your account as bank processing time differs from bank to bank. In most cases refunds are visible in your account within 2 business days from when the refund was processed.

Waiver Options
All vehicles are insured the hirer is given the benefit of this coverage. The hirer can reduce their liability please contact reservations on 1300 132 708 for these options.

Additional Drivers
Additional drivers must present a current driver’s licence at the time of hire. If you require additional charges will apply. Warning – All drivers of the hire vehicle must be noted on the contract, otherwise the insurance can be voided.

Rental Duration
A rental day is 24 hours from commencement of rental. A late fee will be charged if the vehicle is returned more than 1 hour late. Trucks & Commercial Vehicles are the exception & you need to contact the office in relation to these.

Airport Collections
Collections from the airports include:
Unlimited kilometres only apply to customers who are flying in and out of the Brisbane or Coolangatta Airports – not to residents of the area who wish to pick up from the airport and is only valid within a 250 kilomtre radius of the airport you have flown into. Please contact our office for more information.

Gold Coast Airport: Collection and return is OFF LOCATION meaning that the depot location is not at the Gold Coast Airport terminal. A shuttle bus service is provided for collection and return direct to and from the terminal to the depot. For more information Click Here.

Brisbane Domestic Airport: Collection and return to this location are OFF LOCATION meaning that the parking location is not at the Brisbane Domestic Airport terminal. A shuttle bus is provided for collection and return to and from the terminal to the car park location. Collection and return are available 24/7 from this location. For more information Click Here.

Brisbane International Airport: Collection and return to this location are OFF LOCATION meaning that the parking location is not at the Brisbane International Airport terminal. A shuttle bus is provided for collection and return to and from the terminal to the car park location. Collection and return are available 24/7 from this location. For more information Click Here.

Smoking
All vehicles are “Smoke Free” any detection that smoking has occurred will attract a $100 cleaning and deodorising fee.

Traffic Infringements
Traffic Infringements are the responsibility of the hirer, an administration fee of $100.00 will be charged in addition to the fine.

Queensland Tolls
Our vehicles do not have toll tags, instead the licence plate is recorded to determine toll road usage. An administration fee of $3.95 per day of use (calculated day is from midnight to midnight) plus toll costs. As tolls are received, we will be charged to the nominated credit card and a invoice will be emailed once charged. Please be aware that charges will not be charged immediately but will be charged once received. Please ensure funds are available on this card to avoid any additional fees. Please contact our office if needed for more information. Click here for Tolls page.

Fuel
We ask all customers to return fuel to the original starting level at commencement of hire. If the vehicle is not returned to depot with the same level, this will be refuelled on your behalf but at a higher price per litre. Fuel usage options are available, please ask Customer Sales Assistant at the time of rental.

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 of 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 to single vehicle liability.

If 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 Andys Auto Rentals is present the hirer is responsible for ensuring they take before and after photographs as these are non manned Andys 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 – Smokingis 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 $300 for 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 incurred 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 watertight. 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 logbook 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.

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. This will revert back to single vehicle damage that being $7500 for Commercial and people movers and $5000 for standard cars.

(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.

(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.

(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. 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 Andys Auto Rentals staff member.

I HAVE READ AND UNDERSTOOD THIS PAGE AND ANY OTHER CONDITIONS ON PAGE 1 AND SIGNED IT BEFORE MAKING ANY AGREEMENT TO HIRE ANY VEHICLE.

Introduction
1. The contract (Rental Contract) you are entering into with Andys 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.
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.
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.
  3. 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.
  4. 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.
  5. 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; we do not allow our vehicles to go off road.
    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:
  6. Hirer and Driver Obligations
  7. Toll Charges and Processing (Melbourne, Brisbane and Gold Coast Only) PLEASE CLICK ON THE LINK BELOW mye-toll.com.au
  8. Animals in Vehicles
    1. Animals are not permitted in the vehicles and if detected a cleaning fee will be charged.
  9. 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,
    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:
        
        the position of the Vehicles before they are moved for towing or salvage;
        
        Damage to the Vehicle;
        
        the damage to any third party vehicle or property; and
        
        the general area where the Accident occurred, including any road or traffic signs;
      4. obtain the names, addresses and phone numbers of all witnesses;
      5. not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
      6. forward all third party correspondence or court documents to Us within 7 days of receipt; and
      7. 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.
    5. Consequences of a Major Breach of the Rental Contract
      1. If You or any Authorised Driver:
        
        commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
        
        drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, has occurred,
      2. You and any Authorised Driver:
        
        have no Damage Cover;
        
        are liable for all Damage, theft of the Vehicle and Third Party Loss; and
        
        are liable for and must pay any additional costs or expenses We incur as direct consequence thereof.
  10. 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.
  11. 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.
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.

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:
1. 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.
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.

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 Andys 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.

GENERAL CAR HIRE TERMS & CONDITIONS

FULL TERMS AND CONDITIONS OF RENTAL AGREEMENT

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

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