The rental Agreement (“Rental Agreement”) between MIHIRI RENT A CAR PTY LTD and You is made on the date shown on the Rental documents You have signed in respect of the Vehicle (“Rental Document”) and is made up of that Rental Documents and these Terms and Conditions.
In these Terms and Conditions
“Authorised Driver / Joint Renter” means an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter
“DR” means Damage Recovery Fee
“RC” means MIHIRI RENT A CAR PTY LTD
“RA” means Rental Agreement
“Rental Period” means the period commencing on the date and time shown on the Rental Document and ending on the date and time that You return the vehicle to RC
“SC” means Standard cover
“SVA” means single vehicle accident
“You” or “Your” refers to the person(s) and Hirer with whom the Rental Agreement is made “Us”, “We”, “Our” means RC
“Vehicle” means the vehicle described on the Rental Document (or any substitute vehicle) , and includes its parts, components, accessories and contents supplied by RC
“Week” means seven  consecutive days
“Hirer” means the person/ company named in the RA as the Hirer and any person/company who provides a Credit Card Authority to Us
In hiring the Vehicle You confirm that you have read, understood and accepted these terms and conditions. Capitalised terms have the same meaning as given to those terms in the RA.
1. VEHICLE CONDITION
- You acknowledge receiving the Vehicle from Us:
- in a good and clean condition except as specified in the Vehicle Details and Conditions Report;
- with manufacturer supplied tools, tyres, accessories and equipment, keys, the mobile global positioning system and accessories (GPS), where applicable, and any other items specified on the Vehicle Details and Condition Report or in the RA;
- with the seal of the odometer unbroken; and
- with the Check Out Odometer Reading and Fuel Reading set out in the
- You agree to maintain tyre pressure, fluid and fuel at the proper operating levels and to immediately report to Us any
2. RETURN OF VEHICLE
- You agree to return the Vehicle to Us:
- in the same condition in which You received it (fair wear and tear excepted);
- to the Return Location in the RA by the Return Date and Time in the RA;
- with all of the items described in Clause 1.2 in good condition;
- with a fuel reading at least equal to the Check Out Fuel Reading in the RA unless You have purchased Pre Paid Fuel from Us at the commencement of the hire; and
- including where supplied the
- We must be notified and agree to any extension of the period of hire, in advance of the Return Date. If You fail to return the Vehicle to Us by the Return Date & Time, the Vehicle will be immediately reported to the Police as having been stolen.
- We may take possession of the Vehicle without prior demand if it is illegally parked or if, in Our opinion:
- it is being used, in contravention of any law or of a term of this RA; or
- it has apparently been
- You will be responsible for the Vehicle and the Hire will continue until We make Our final inspection (including where the inspection cannot take place for some time e.g. You return the Vehicle to a location which is unattended or the Vehicle is returned outside the hours of operation).
3. USE OF VEHICLE
- You agree that the following persons must not drive the Vehicle (unless authorised by Us in writing):
- a person who is not identified under “Hirer and Driver Information” in the RA or in a Credit Card Authority;
- a person who does not hold a current unrestricted motor vehicle driver’s licence for the particular class of Vehicle hired (learner permits and provisional licences are not acceptable);
- a person whose breath or blood alcohol concentration exceeds the maximum lawful concentration or who is intoxicated or who is under the influence of any drug, toxic, or illegal substance;
- a person who has given Us or for whom You have given Us a false name, age, address or driver’s licence details;
- a person, whose driver’s licence has been cancelled, endorsed or suspended within the last three years; or
- a person who is under the age of (21)
- You agree that the Vehicle must not be used by You or by any Authorised Driver (unless authorised by Us in writing):
- (except where Snowpak coverage is purchased) above the snow line being either the entrance to national parks in which snow falls or areas in which snow chains are required to be fitted (by the relevant authority);
- on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete) unless the Vehicle is a 4WD in which case it may also be used on graded unsealed No Vehicle (including 4WDs) may be used on off road conditions. Off road conditions include but are not limited to fire trails, beaches, sand, tracks, fields or paddocks;
- to carry persons for hire or reward, to carry any inflammable, explosive or corrosive materials or to carry any animal or pet;
- to propel or tow any vehicle (not being a trailer), or to propel or tow any trailer with a load in excess of the capacity of the trailer, towing mechanism or Vehicle;
- to carry any greater load, number or persons or for use in a manner or for a purpose for which the Vehicle was not designed and constructed, or to carry any greater number of persons than the Vehicle has seat belts (particularly as seat belts must be worn by all occupants of the Vehicle);
- for racing, pace making, reliability trials or hill climbing, or being tested in preparation for those purposes;
- in contravention of any criminal legislation, any legislation involving a penalty, or for any illegal purpose whatsoever;
- in contravention specifically of any road safety laws in force from time to time where the Vehicle is being driven; or
- if We have directed You or any Authorised Driver not to drive the Vehicle or if the Vehicle is damaged or unsafe;
- to drive or take the vehicle to Stradbroke Islands or Moreton Island
- to drive or take the vehicle on beaches or through streams, rivers, creeks dams or floodwaters
- You must keep the Vehicle locked at all times whilst it is
- You agree to pay on demand all of the following charges for the period up until return to or recovery by us of the Vehicle (whether or not charges are detailed in the RA):
- all charges at the rates described under “Rental Charges” in the Daily rates apply to each consecutive 24 hour period commencing from the Check Out Time;
- the Damage Recovery Fee (DR Fee) and Single Vehicle Accident Fee (SVA Fee) in the RA;
- the cost of repair or reinstatement of loss or damage where loss or damage cover offered by Us does not apply;
- where You breach any of Your other obligations under this RA (without limiting any other right We have), such sum as is necessary to compensate Us for Our loss or damage as determined by Us acting reasonably;
- all fines, penalties and other similar charges incurred by You or any other driver of the Vehicle, or any such charges logged against the Vehicle during Your period of hire plus Our administration fee per event;
- all applicable goods and services tax (GST), Premium Location Surcharge, stamp duty and any other government taxes or duties that may apply;
- (unless You have purchased Pre Paid Fuel at the commencement of the hire) our charge for adding fuel to the Vehicle up to the Check Out Fuel Reading, which will include a service charge;
- the cost to Us of recovering the Vehicle in the circumstances described in Clause 3
- the replacement cost of any lost keys;
- where You fail to return any of the items described in Clause 1.2 in good condition, the cost to Us of replacing the same.
- Final charges will be determined after a final inspection by Our representative which will be made as soon as practicable after return to, or recovery by Us of the Vehicle.
5. PAYMENT OF CHARGES
- You hereby irrevocably and unconditionally authorise Us to charge to Your credit card and/or to charge to Your account (as nominated respectively under “Payment Information” in the RA or in the Credit Card Authority) all charges payable by You under this RA. Such charge will be considered a demand for the purposes of clause
- If You fail to make full payment of any charge due to Us:
- interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment; and
- you shall indemnify Us from and against all costs and disbursements incurred by Us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Our contract default fee, and bank dishonour fees).
- Further to any other rights or remedies We may have under this contract, if You have made payment to Us by credit card, and the transaction is subsequently reversed, You shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Us under this clause 5 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to Your obligations under this agreement.
- Without prejudice to any other remedies We may have, if at any time You are in breach of any obligation (including those relating to payment) under these terms and conditions We may suspend or terminate the supply of Vehicles to You. We will not be liable to You for any loss or damage You suffer because We have exercised our rights under this clause.
- Without prejudice to Our other remedies at law We shall be entitled to cancel all or any part of any order of Yours which remains unfulfilled and all amounts owing to Us shall, whether or not due for payment, become immediately payable if:
- any money payable to Us becomes overdue, or in Our opinion You will be unable to make a payment when it falls due;
- You become insolvent, convene a meeting with Your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of Your creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any asset of Yours.
6. LOSS OR DAMAGE COVER OFFERED BY US
- All Vehicles are provided with SC. Under SC, You will have the cover provided in clause 7 below subject to the conditions and exclusions in Clauses 8 and All Our Vehicles have Compulsory Third Party (CTP) insurance.
- SC is subject to You and any Authorised Driver complying with the terms and conditions contained in this RA. If you breach the terms and conditions, you may not be covered by the SC and You will be liable for all damage or loss suffered or incurred by Us in relation to, or arising out of, any such breach or incident.
7. STANDARD COVER
- Subject to the conditions set out in Clause 8 and the exclusions to cover set out in Clause 6.2 and Clause 9, We will pay for:
- the amount of any accidental loss or damage to Our Vehicle (including prior accident value or repair costs), Our assessment fees, towing and storage fees, Our legal and investigative expenses, Our loss of rental revenue and Our service charges; and
- any amount which You are legally held liable to pay, as a result of an accident caused by Your use of the Vehicle, for loss or damage to property other than any property owned by You (or any relative, associate, passenger or any person known to You) or any property in Your physical or legal
- In the event of an incident involving loss or damage, You will be required to pay the DR Fee and, where applicable, the SVA Fee as set out in the
8. CONDITIONS OF COVER
- The payment referred to in clause 7.1 is subject to:
- You not being in breach of any terms or conditions contained in or implied by this RA;
- Your payment (in respect of each separate incident), regardless of cause/fault, of the DR Fee;
- Your payment (in respect of each separate incident), regardless of cause/fault, of the SVA Fee stated on the RA where the incident covered is a Single Vehicle Accident (SVA), being an incident in which:
- no other motor vehicle is involved (e.g. rollovers, collisions with animals, trees, pedestrians etc); or
- another motor vehicle is involved but:
- that other motor vehicle or its driver has not been identified to Us; or
- at the time of the incident the Vehicle was moving in reverse and that other motor vehicle was stationary; or
- at the time of the incident that other vehicle was parked;
- You promptly reporting to Us and the police or other relevant authority, and in any event within 24 hours, any incident involving loss or damage to the Vehicle or any other property or injury to any person;
- You providing such information and assistance as may be requested by Us including, but not limited to, being interviewed by an investigator, or attending any Court hearing, and if necessary, authorising Us to bring, defend or settle legal However, We shall have sole conduct of any such proceedings;
- You giving to Us promptly every summons, complaint, demand or notice in relation to any loss or damage;
- You submitting to any tests required by the police to determine the concentration of alcohol or drugs in Your blood;
- You not leaving or decamping an accident without providing full particulars to all relevant persons and authorities;
- You not being covered under any policy of insurance covering the loss or damage in which case You will not be covered by Us;
- You not providing any false information, nor engaging in any fraudulent activity, in respect of Your hire of the Vehicle or in Your dealings with any law enforcement officer or authority during the period;
- You not, without Our consent, making or giving any offer, promise of payment, settlement, waiver, release, indemnity or admission of
9. EXCLUSIONS TO COVER AND LIABILITY
- You must always pay the cost of and are liable for and Clauses 6 and 7 do not cover:
- damage or loss caused to the Vehicle or third party property as a result of You breaching the RA;
- damage or loss arising from Theft, where the Vehicle is left unlocked or unsecured or You have not kept the keys secure;
- damage or loss where the Vehicle is totally or partially immersed in water regardless of cause;
- damage or loss to the interior of the Vehicle, which requires professional cleaning, deodorising or repair;
- damage or loss to the tyres, such as punctures, cuts, abrasions or to the windscreen such as chips, cracks and stars;
- damage or loss caused by use on construction sites, mines and unsealed roads;
- overhead damage being damage or loss sustained to the Vehicle or any other property caused by driving the Vehicle into or under any object of the same or a greater height than the base of the Vehicle’s front windscreen, or damage caused by persons placing objects on the roof of the Vehicle;
- damage or loss caused to any part of the pantech or box section or convertible roof;
- damage or loss to the undercarriage of the Vehicle or to any other property arising from contact between the undercarriage and any object, obstruction or road surface regardless of
- damage or loss to the tailgate lifter, ramps and associated equipment during usage of those items;
- damage or loss to the Vehicle or third party property caused by You failing to secure properly any load or equipment;
- damage or loss caused to the Vehicle or third party property by loading or unloading to or from the Vehicle;
- damage or loss to the Vehicle deliberately caused by You or by You using the Vehicle in a dangerous or reckless manner;
- damage or loss to the Vehicle whilst being transported, ferried or towed without Our authority, or whilst the Vehicle is taken off the mainland or across any waterway whatsoever or used in any unauthorized area;
- the cost of towing or salvage of the Vehicle in or from a remote or sparsely populated area;
- damage or loss caused to the Vehicle through the use of snowchains or roof racks;
- costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of Your failure to deliver immediately every summons, complaint, demand or notice in relation to any loss or damage;
- damage to or loss of any personal property owned by You (or any relative, associate, passenger or any person known to You) or any third party, including personal property left in the Vehicle, or any property received, handled or stored by Us at any time;
- Your death or personal injury or the death or personal injury of any other person except to the extent that it is caused by Our negligence;
- damage or loss to the GPS; and
- damage or loss suffered by Us as a direct or indirect result of You providing false information, or engaging in any fraudulent activity, in respect of Your hire of the Vehicle or Your dealings with any law enforcement officer or other authority during the hire period, and We reserve the right to recover an amount from You in respect of such losses.
11. CLAIMS AND PROCEEDINGS
- Where the use of the Vehicle by you, an authorised driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and / or any Authorised Driver must:
- promptly report such incident to the local police
- promptly report such incident in writing to RC
- not, without RC written consent, make or give any offer , promise of payment, settlement, waiver, release, indemnity or admission of liability
- permit RC or its insurer at its own cost to bring, enforce or settle any legal proceedings against a third party in Your name
- Permit or ensure that RC 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, RC in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to RC
12. PRIVACY ACT 1988
- You agree for Us to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about You in relation to credit provided by Us.
- You agree that We may exchange information about You with those credit providers and with related body corporates for the following purposes:
- to assess an application by You; and/or
- to notify other credit providers of a default by You; and/or
- to exchange information with other credit providers as to the status of this credit account, where You are in default with other credit providers; and/or
- to assess Your creditworthiness including Your repayment history in the preceding two years.
- You consent to Us being given a consumer credit report to collect overdue payment on commercial credit.
- You agree that personal credit information provided may be used and retained by Us for the following purposes (and for other agreed purposes or required by):
- the provision of Vehicles; and/or
- analysing, verifying and/or checking Your credit, payment and/or status in relation to the provision of Vehicles; and/or
- processing of any payment instructions, direct debit facilities and/or credit facilities requested by You; and/or
- enabling the collection of amounts outstanding in relation to the Vehicle.
- We may give information about You to a CRB for the following purposes:
- to obtain a consumer credit report;
- to allow the CRB to create or maintain a credit information file about You including credit history.
- The information given to the CRB may include:
- personal information as outlined in 1 above;
- name of the credit provider and that We are a current credit provider to You;
- whether the credit provider is a licensee;
- type of consumer credit;
- details concerning Your application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
- advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery
- You shall have the right to request (by e-mail) from Us:
- a copy of the information about You retained by Us and the right to request that We correct any incorrect information; and
- that We do not disclose any personal information about You for the purpose of direct marketing.
- We will destroy personal information upon Your request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
- You can make a privacy complaint by contacting Us via e-mail. We will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that You are not satisfied with the resolution provided, You can make a complaint to the Information Commissioner at www.oaic.gov.au.
- action commenced, or alternatively that You no longer have any overdue accounts and We have been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
- information that, in Our opinion, You have committed a serious credit infringement;
- advice that the amount of Your overdue payment is equal to or more than one hundred and fifty dollars ($150).
13. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
- In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
- Upon assenting to these terms and conditions in writing You acknowledge and agree that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all Vehicles and/or collateral (account) – being a monetary obligation of You to Us for Services – that have previously been supplied and that will be supplied in the future by Us to You.
- You undertake to:
- promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which We may reasonably require to;
- register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
- register any other document required to be registered by the PPSA; or
- correct a defect in a statement referred to in clause 3.1.1 or 22.214.171.124.
- indemnify, and upon demand reimburse, Us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Vehicle charged thereby;
- not register a financing change statement in respect of a security interest without Our prior written consent;
- not register, or permit to be registered, a financing statement or a financing change statement in relation to the Vehicle and/or collateral (account) in favour of a third party without Our prior written consent.
- promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which We may reasonably require to;
- We and You agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
- You waive your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
- You waive your rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
- Unless otherwise agreed to in writing by Us, You waive your right to receive a verification statement in accordance with section 157 of the PPSA.
- You must unconditionally ratify any actions taken by Us under clauses 3 to 13.5.
- Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
14. DEFECTS, WARRANTIES AND RETURNS, COMPETITION AND CONSUMER ACT 2010 (CCA)
- You must inspect the Vehicle on delivery and must within forty-eight (48) hours of delivery notify Us in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. You must notify any other alleged defect in the Vehicle as soon as reasonably possible after any such defect becomes evident. Upon such notification You must allow Us to inspect the Vehicle.
- Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
- We acknowledge that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, We make no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Vehicle. Our liability in respect of these warranties is limited to the fullest extent permitted by law.
- If You are a consumer within the meaning of the CCA, Our liability is limited to the extent permitted by section 64A of Schedule 2.
- If We are required to rectify, re-supply, or pay the cost of re-supplying any Services or Vehicles under this clause or the CCA, but are unable to do so, then We may refund any money You have paid for the Services or Vehicle but only to the extent that such refund shall take into account the value of any Services or Vehicle and consumables which have been provided to You which were not defective.
- If You are not a consumer within the meaning of the CCA, Our liability for any defect or damage in the services or Vehicle is:
- limited to the value of any express warranty or warranty card provided to You by Us at Our sole discretion;
- limited to any warranty to which We are entitled, if We did not manufacture the Vehicle;
- otherwise negated absolutely.
- Notwithstanding clauses 14.1 to 14.7 but subject to the CCA, We shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:
- You failing to properly maintain or store any Vehicle;
- You interfering with the Vehicle in any way without Our written approval to do so;
- You using the Vehicle for any purpose other than that for which it was designed;
- You continuing the use of the Vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- You failing to follow any instructions or guidelines provided by Us;
- fair wear and tear, any accident, or act of God.
15. GENERAL PROVISIONS
- We reserve the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a term of this
- We reserve the right to refuse hire of another GPS to You, if You damage, destroy or lose the Unit while on rent to You.
- No Hirer, driver or passengers in the Vehicle shall be deemed to be Our agent, servant or employee, in any manner or for any purpose whatsoever.
- To the fullest extent permitted by law, all terms, conditions and warranties which would otherwise be implied are hereby expressly excluded. No clause in this RA is intended to exclude, restrict or modify any non-excludable terms implied by, or rights which You may have under the Trade Practices Act 1974 (Cth) or any other Federal, State or Territory legislation in Australia to the same effect.
- Whenever We are permitted to limit Our liability under State and/or Federal statute for breach of an implied condition or warranty, Our liability is limited to, at Our option, the replacement, repair or re supply of the Vehicle or the reimbursement of the Rental Charges.
- To the fullest extent permitted by law, we are not liable for any indirect, special, incidental or consequential damage, or loss of profits or loss of earnings, suffered by You or any other person due to any breach of this RA by Us and You release and indemnify Us (including for legal costs) from any such claim.
- None of Our rights under this RA may be waived except in writing by one of Our officers.
- Words used in this RA and/or noted on the RA include all genders and singular words include the plural.
- You warrant that all information supplied in connection with this RA, whether before or after the date hereof, is or shall be true and correct in all respect, and that You will immediately notify Us of any such changes.
- References in clauses 6, 7, 8 and 9 to “You” or “Your” shall include the Hirer and all Authorised Drivers in the RA.
- Where “You” are more than one person Your obligations under this RA are joint and several. “Person” includes a company.
- This RA is governed by the laws of Queensland and You submit to the non exclusive jurisdiction of the Courts of Queensland.
- You confirm , by hiring the Vehicle,
- that you have a current and valid unrestricted driver’s licence for the class of vehicle that you have hired from us;
- that you have held that driver’s licence for a minimum period of 12 calendar months
- that the licence you hold is approved for use in the State of Queensland and is in the English language
- that you will pay the bond provided for in the RA, with such bond being returned to you , subject to any claim for damages or repair required to be undertaken due to your use or otherwise of the Vehicle during the hiring period.
- that you will not drive the Vehicle a greater radius distance than as provided for in the RA without the prior written approval of us.
- that you will pay the amount provided for in the RA for such excess kilometres as set forth in the RA
- that we may, should you fail and or refuse to pay any outstanding amount owing or charges due, that such amount or charges may be recovered against you in a court of competent jurisdiction as liquidated damages.
- That the hire of the vehicle is for the period set forth in the RA and that you must return the vehicle to RC by 4.00pm on the last day of the hiring period.
- You agree that you will provide to Us, such documents as we may determine in our sole and absolute discretion to enable us to verify your current residential address. This may include but not be limited to a recent telephone account, electricity account, bank statement or similar document.