1 Introduction
1.1 All contracts have some legal terms and We ask that You take Your time to read these Terms and Conditions before commencing Your hire as We want You to fully understand Your rights and obligations.
1.2 When You hire a Vehicle from Us the legal contract (The Canberrians Pty Limited Contract) You have with Us consists of two separate documents. They are:
(a) the The Canberrians Pty Limited Agreement (Rental Agreement) You have signed to rent the Vehicle from Us; and
(b) these terms and conditions (Terms and Conditions).
1.3 The date of the The Canberrians Pty Limited Contract is the date shown in the Rental Agreement.
2 Cooling Off Period
If you are unhappy with the Vehicle We have supplied or You do not accept these Terms and Conditions, We will fully refund the Rental Charges (less a fuel charge per kilometre travelled) provided that You return the Vehicle within 30 minutes of the Start of the Rental.
3 Who may drive the Vehicle?
You agree, acknowledge and warrant that:
3.1 Only You can drive Our Vehicle. If you let anyone who is unauthorised drive the Vehicle it is a Major Breach of the The Canberrians Pty Limited Contract with the consequence that:
(a) You do not have cover for any Damage, theft of the Vehicle or for any Third Party Loss; and
(b) You are liable to pay for that Damage, theft and for any Third Party Loss.
3.2 You must also have a valid licence issued in an Australian state or territory or an international licence (with a translation into English if it is not issued in English) that is appropriate for the class of Vehicle and that is not subject to any restriction or condition and learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.
3.3 We set age limits for those hiring and driving Our Vehicle, so that you must be at least 25 years of age and not more than 79 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.
3.4 The Vehicle must not be driven If your licence has been cancelled, endorsed or suspended within 2 years of the date of the Rental Agreement.
3.5 You must not have had 3 at fault accidents in the last five (5) years.
4 Prohibited use
4.1 The Vehicle must not be driven by You:
(a) If you are intoxicated or under the influence of drugs or alcohol or have a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law and You must not fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) recklessly or dangerously; or
(c) whilst the Vehicle is damaged or unsafe.
4.2 You must not use the Vehicle:
(a) for any form of contest or reliability trial or for driving instruction or for any motor sport or time trial or while being tested in
(b) preparation for any motor sport; for any illegal purpose;
(c) to carry any dangerous, hazardous, explosive, corrosive or inflammable goods or substances in quantities above that used for domestic purposes;
(d) for any activity associated with film making, including film shoots or stunt sequences; (e) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or (f) in an unsafe or un-roadworthy condition.
4.3 You must not:
(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009
(Cth); 8/12/17
4.4 You must not use the Vehicle:
(a) to tow another vehicle or trailer;
(b) to transport any animals except assistance animals;
(c) to carry passengers for hire, fare or reward; or (d) to carry:
(i) any load; or
(ii) number of passengers
more than that for which the Vehicle was designed or constructed.
4.5 You must not smoke in the Vehicle and You must prevent any passenger from doing so. You must pay for additional cleaning and deodorising costs if there is a breach of this clause.
5 Where the Vehicle can and cannot be used
5.1 The Vehicle must be driven on a Sealed Road at all times (unless roadworks are being conducted by a statutory road authority).
5.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, streams, rivers, creeks, dams and floodwaters;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed;
(e) any road where it would be unsafe to drive the Vehicle; and (f) any area that is off-road.
5.3 The Vehicle must not be driven above the Snow Line unless appropriate snow chains are fitted by You and a snow fee of $9.90 per day is paid.
5.4 Subject to these Terms and Conditions, it may be driven within New South Wales and/or ACT but it must never be driven outside of New South Wales and/or ACT unless We have given You prior permission to do so, it is noted on the Rental Agreement and You have paid the fee of $99.00.
5.5 Even if prior permission to drive the Vehicle, outside of New South Wales and/or ACT is granted under clause 5.4 , the Vehicle must never be driven:
(a) beyond the following borders:
(i) Queensland: north of Rockhampton and west of Longreach; and
(ii) South Australia: beyond Adelaide; and
(b) in the Northern Territory, Western Australia or Tasmania.
6 Your obligations
6.1 At the Start of the Rental and before collecting the Vehicle We will debit Your credit/debit card or bank transfer for the anticipated Rental Charges, including estimated excess kilometre charges and the Bond.
6.2 The Bond is fully refundable to You at the End of the Rental provided that:
(a) all amounts due to Us under the The Canberrians Pty Limited Contract have been paid;
(b) the Vehicle has been returned to the Rental Location at the date and time set in the Rental Agreement;
(c) there is no Damage or Third Party Loss;
(d) the interior and exterior of the Vehicle are clean;
(e) the Vehicle has a full tank of fuel; and
(f) there has not been a Major Breach of the The Canberrians Pty Limited Contract, and We reserve the right to retain all or part of the Bond if there is a breach of any of these conditions.
6.3 At the Start of the Rental You must also take high definition photographs of the Vehicle, using flash if required, showing the Vehicle's external condition, including but not limited to:
(a) the front and rear of the Vehicle, including the bonnet, roof and boot; and
(b) the sides of the Vehicle, and a failure to do so may result in You forfeiting the right to dispute that Damage to the Vehicle
occurred during the Rental Period.
6.4 At the End of the Rental You must:
(a)
pay Us the balance of the Rental Charges including, but not limited to:
(i) any adjustments;
(ii) extra kilometre charges pursuant to clause 9.5; and
(iii) overtime charges pursuant to clause 9.7(a) and 9.7(b);
(b) pay up to the LDE if there is Damage or Third Party Loss or if the Vehicle has been stolen;
(c) pay for the refuelling of the Vehicle plus a refuelling charge if the Vehicle is returned without a full tank of fuel;
(d) pay for cleaning costs We incur in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excepted; and
(e) pay for all:
(i) Overhead Damage;
(ii) Underbody Damage;
(iii) Damage caused by the immersion of the Vehicle in water.
6.5 You must pay all speeding and traffic fines and infringements as well as any fines or charges imposed for parking or towing the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.
6.6 You must pay for all toll charges incurred during the Rental Period.
6.7 If you make a Damage Cover claim or We process or pay for any fines, infringements or tolls incurred by You during the Rental Period We will charge You an Administrative Fee for all such processing as well as charging You for the LDE relating to the claim, the fine, toll or infringement.
6.8 For extended rentals of 30 days or longer You must contact Us on day 30 and each 30 days thereafter at the phone number shown in the Rental Agreement to notify Us of the Vehicle's current odometer reading.
6.9 You must lock the Vehicle when it is not in use or unattended and You must keep the keys or remote control device in Your possession at all times;
6.10 You must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) maintaining the engine and brake oils and coolant level and tyre pressures;
(d) using the correct fuel type; and
(e) making sure that it is not overloaded.
6.11 You must not tamper with or interfere with the operation of the GPS Device.
6.12 If during the Rental Period:
(a) the Vehicle develops a fault;
(b) a warning light or electronic warning system message appears;
(c) there are low coolant, brake or engine oil levels; or
(d) low tyre pressure,
6.13 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 without Our prior written authority to do so.
6.14 You must comply with any applicable seat belt and child restraint laws.
7 Our obligations
7.1 We will provide You with a Vehicle that is mechanically sound and in good working order and of acceptable quality.
7.2 If the Vehicle breaks down during the Rental Period because of Our negligence We will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.
7.3 We are not responsible for any consequential loss You may suffer if the Vehicle breaks down unless this is because of Our negligence.
8 Damage Cover
8.1 Damage Cover is included in the Rental Charges.
8.2 Subject to these Terms and Conditions If you have an Accident We will indemnify You for any Damage or Third Party Loss or if the Vehicle is stolen but You must pay up to the LDE unless We agree that You were not at fault and the other party’s insurance company accepts liability and agrees to pay Our Damage.
8.3 There is no Damage Cover for any driver who is less than 25 years of age or more than 79 years of age and allowing anyone who is less than 25 or more than 79 to drive the Vehicle is a Major Breach of the The Canberrians Pty Limited Contract.
8.4 Unless We agree otherwise, an amount up to the LDE is payable at the End of the Rental or when for each Accident or theft.
8.5 There is no Damage Cover for:
(a) Overhead Damage;
(b) Underbody Damage;
(c) Damage to the Utility Tray (if fitted); or
(d) Damage caused by immersion of the Vehicle in water; or
(e) if there is a Major Breach of the The Canberrians Pty Limited Contract, and You are liable for all Damage, theft of the Vehicle
and Third Party Loss arising therefrom.
8.6 There is no Damage Cover for personal items that are left in or stolen from the Vehicle.
9 Rental Period, costs & charges
9.1 The Rental Agreement shows:
(a) the Rental Period for which You have hired the Vehicle; and
(b) the Rental Charges.
9.2 At the Start of the Rental You must inspect the Vehicle to make sure that:
(a) the Vehicle is in a clean and tidy condition; and
(b) any pre-existing damage is recorded and shown in the Condition Diagram.
9.3 At the End of the Rental You must return the Vehicle on the date and by the time shown in the Rental Agreement.
9.4 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 The Canberrians Pty Limited Contract and recover the Vehicle by lawful means, including reporting to the police that the Vehicle has been stolen.
9.5 We reserve the right to limit the daily kilometre allowance and to charge a fee for use of the Vehicle in excess of 250 kilometres per day.
9.6 A daily limit of 250 kilometres applies unless You have Our prior written approval to have this fee waived and it is noted on the Rental Agreement. For each day You exceed that limit You will incur an additional fee of between twenty eight and thirty cents per kilometre.
9.7 If you return the Vehicle:
(a) more than one hour after the time set for its return in the Rental Agreement We will charge You one full day's hire and a further full day's hire for each 24 hour period or part thereof until the Vehicle is returned to Us;
(b) at any time other than during Our normal business hours, including use of the after hours return/key box, You must pay for the daily Rental Charges and are liable for all Damage until the Vehicle has been inspected by Us after the Rental Location next opens for business; or
(c) without a full tank of fuel a refuelling charge will apply in addition to the cost of the fuel.
9.8 All Rental Charges payable under this Agreement are payable daily.
9.9 At the End of the Rental You must also pay for all amounts owing pursuant to clause 6.4.
9.10 You irrevocably and unconditionally authorise Us to charge Your Account (as set out in the Authority) all charges payable by You including the Rental Charges and all other charges payable under this Agreement.
9.11 If We charge Your Account for any amounts in addition to the Rental Charges, We will promptly notify You of the amount charged and provide details of the reason for which You have been charged. If you dispute the amount or the reason for which You have been charged, You should contact Us to discuss the dispute.
9.12 You warrant that the Account belongs to You and that You (whether alone or with another person or other people) are responsible for all amounts credited, charged or debited to that Account. Where the Account is not in the Your name, You warrant they are authorised to permit and authorise Us to charge the Account with all amounts incurred under the Rental Contract.
9.13 The balance of all moneys payable under the The Canberrians Pty Limited Contract are payable to Us in full at the End of the Rental and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of the Rental.
9.14 All amounts payable under the The Canberrians Pty Limited Contract are 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 Account with that amount, including an amount up to the LDE and any amounts payable under clauses 6.4 to 6.7 (inclusive). These charges may be made at any time during the Rental Period or within a reasonable time after the End of the Rental.
10 Accidents or breakdowns and Claims & Proceeding
10.1 We are not responsible for and there is no roadside assistance for:
(a) Damage as a result of use of the incorrect fuel type;
(b) lost keys or keyless start or remote control device;
(c) keys or keyless start or remote control device locked in the Vehicle; or
(d) a flat battery in the Vehicle because you have left the lights or audio equipment on, and extra charges will apply if any of these services are provided at Your request.
10.2 If you have 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.
10.3 If the Vehicle is stolen or If you have an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
You must also report the theft or Accident to the Police.
10.4 If you have an Accident You must:
(a) exchange names and addresses and telephone numbers with the other driver;
(b) take the registration numbers of all vehicles involved;
(c) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(d) obtain the names and addresses and telephone numbers of all witnesses;
(e) not make any admission of fault or promise to pay the other party's claim or release the other party from any liability;
(f) forward all third party correspondence or court documents You receive to Us within 7 days of receipt; and
(g) co-operate with Us in the prosecution of any legal proceedings that We may institute or the 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 and any Court hearing.
(h) not, without The Canberrians Pty Ltd’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(i) permit The Canberrians Pty Ltd or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(j) permit or ensure that The Canberrians Pty Ltd may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, The Canberrians Pty Ltd in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to The Canberrians Pty Ltd;
(k) complete and furnish to The Canberrians Pty Ltd within a reasonable time any statement, information or assistance which The Canberrians Pty Ltd or its insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.
11 Consequences of a Major Breach of the The Canberrians Pty Limited Contract
11.1 If you:
(a) commit a Major Breach of the The Canberrians Pty Limited Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, including Division 6 of the Crimes Act 1900 (NSW and ACT), or equivalent legislation in other states (where You have Our prior permission to take the Vehicle interstate), has occurred:
You:
(i) have no Damage Cover; and
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss.
11.2 Acting reasonably We may terminate the The Canberrians Pty Limited Contract and take immediate possession of the Vehicle if a breach of any part of clause 11.1 has occurred.
12 Other general provisions
12.1 The The Canberrians Pty Limited Contract is governed by the laws of the State of New South Wales and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
12.2 The Australian Consumer Law provides You with rights that are not affected by the The Canberrians Pty Limited Contract and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.
12.3 Your privacy is important to Us and We take all reasonable steps to ensure that Your personal information is securely held and protected from misuse of unauthorised access.
12.4 We welcome every opportunity to resolve any concerns You may have with Our service. In the first instance contact Us to discuss Your concern. If you are not satisfied with the response received and Your concern is still not resolved to Your satisfaction please write to:
info@thecanberrians.com.au
Your concern will be investigated by an officer with full authority to deal with the complaint and We will inform You of the outcome within fifteen working days of receiving Your letter.
13. Return Of Vehicle
13.1 You must return the Vehicle to The Canberrians Pty Ltd:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 13.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to The Canberrians Pty Ltd the cost to refuel the Vehicle).
13.2 You must return the Vehicle to a The Canberrians Pty Ltd location during our normal business hours. If you return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
13.3 If:
(a) You return the Vehicle on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the The Canberrians Pty Ltd standard rate for the Vehicle for the Rental Period.
13.4 The Canberrians Pty Ltd may request the immediate return of the Vehicle, or The Canberrians Pty Ltd may re-take the Vehicle without notice, if The Canberrians Pty Ltd reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to
occur; or
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay The Canberrians Pty Ltd any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
13.5 The Canberrians Pty Ltd reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
14 Acceptance of Loss / Damage Liability
14.1 Subject to this clause 14,and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver
14.2 You must always pay:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,
in any area prohibited by the Rental Agreement;
(e) 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; or
(f) 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.
(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer.
(h) under any circumstances where the Vehicle and its keys are unsecured
14.3 For the purposes of this clause 14, You must pay for any damage or repair that may be reasonably determined by The Canberrians Pty Ltd the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle
at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements
for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the
Vehicle.
If the amount determined by The Canberrians Pty Ltd and paid by You under this clause 14.3 exceeds the final cost of the damage or repair, The Canberrians Pty Ltd will refund the difference to You.
If you are in breach of the Rental Agreement terms and conditions You agree to pay for any loss, damage, or liability in full.
You acknowledge You are responsible for the Vehicle until The Canberrians Pty Ltd accepts custody.
Note: Payment of the Excess does not resolve you of your liabilities under the terms and conditions of this Rental Agreement contract.
15. Termination
15.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
15.2 You may terminate the Rental Agreement at any time for any other reason.
15.3 If the Rental Agreement is terminated early for any reason other than a breach by The Canberrians Pty Ltd, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
16. Miscellaneous
16.1 The Rental Agreement contains the whole agreement between the parties.
16.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
16.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
17. Presumptions And Interpretation
17.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
17.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.
18. Payment
18.1 At the end of the Rental Period, You must pay The Canberrians Pty Ltd on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by The Canberrians Pty Ltd or You to any person arising out of Your use of the Vehicle or imposed on You or The Canberrians Pty Ltd by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to The Canberrians Pty Ltd under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
18.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
18.3 Distance charges are measured from the Vehicle's odometer.
18.4 You authorise The Canberrians Pty Ltd to charge all moneys payable to The Canberrians Pty Ltd under the Rental Agreement to Your credit card or charge account.
18.5 The Canberrians Pty Ltd will pay any refund due to You by such method as The Canberrians Pty Ltd may reasonably choose.
19 Definitions
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. Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another Vehicle or object; or
(b) a weather event,
that results in Damage or Third Party Loss.
Account means the debit card or credit card account listed in the Authority (as set out in the Schedule) to which Rental Charges are to be debited.
Administrative Fee means a fee of $110 including GST for the administrative costs associated with Your rental. You means any driver approved by Us in writing on the Rental Agreement prior to the Start of the Rental.
Bond means the amount of $1000 We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental.
Damage means:
(c) any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear; (d) salvage costs;
(e) assessing fees; and
(f) Loss of Use, towing 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.
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 and Damage Excess (LDE) 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 there has been a theft of the Vehicle.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Hire 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 3.1, 3.2, 3.3, 3.4, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 5.4, 5.5, 6.9, 6.10, 6.12(a), 6.12(b), or 6.12(c) that causes Damage, theft of the Vehicle or Third Party Loss.
Overhead Damage means any damage to the Vehicle caused by an impact to the Vehicle that is level with or above the top of the windscreen of the Vehicle as a result of such an impact.
Overhead Damage means:
(a) Damage at or above the level of the top of the front windscreen of the Vehicle; or
(b) Third Party Loss, caused by:
(i) 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;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other extras, taxes or levies that are shown in the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Sealed Road means a road sealed with a hard material such as tar,bitumen or concrete.
Snow Line means:
(a) any area:
(i) in which snow has fallen; or
(ii) where a regulatory authority requires snow chains to be fitted; or
(b) beyond the entrance to any alpine national park between the months of May and October (inclusive).
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 an impact to the underside of the Vehicle by an impact with the road or any obstruction that does not arise as 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 and e-tag for toll payments.
We, Us, Our, means The Canberrians Pty Ltd ABN 79 649 732 365
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.