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NO hoon or excessive driving at any time. Evidence of this prohibited use WILL affect your security bond.

NO misuse of the vehicle in prohibited areas or for purposes other than freedom of personal enjoyment and that failing such, will result in your security bond being deducted from..

1. UNDERSTANDING YOUR HIRE AGREEMENT

This Hire Agreement outlines the formal relationship between you and APH. Please ensure you read it carefully together with details the Schedule of this Rental Agreement as these documents contain details specific to you and the Vehicle that you are renting and also outline your legal responsibilities and the terms and conditions that you have agreed to during the Hire Period.

If you do not understand any of the terms and conditions outlined in this Hire Agreement, you may seek clarification from a representative or employee of APH or obtain independent legal and/or financial advice in relation to same PRIOR to signing this Hire Agreement. By signing this Hire Agreement you confirm that you have read and understood the terms and conditions contained herein, have had the opportunity to obtain independent legal and/or financial advice and that you acknowledge and accept to be bound by the terms and conditions contained in this Hire Agreement.

In these Terms and Conditions:

“Authorised Driver” means a person who meets the conditions contained in Clause 2 of this Hire Agreement and whose name is listed in the Schedule to this Hire Agreement. Any reference to the Authorised Driver throughout this Hire Agreement is a reference to that person or those persons who sign this Hire Agreement and has been approved by us to drive the Vehicle.

“Security Bond” is the payment as specified by us in the Schedule to this Hire Agreement and required to be paid prior to collection of the keys for the Vehicle.

“Vehicle Damage” is with reference to any loss/damage to the vehicle during the hire period regardless of fault, with some exceptions by the discretion exercised by us. The maximum amount you may be liable for is Vehicle Insurance Excess (VIE) plus the costs deriving from loss of revenue from the vehicle being unable to be hired throughout the period of repair. Should the loss/damage be caused by the vehicle being used for a prohibited use, you will become responsible for the loss/damage up to the full value of the vehicle and third party damages. Caution must be exercised when undertaking the terms set out in this agreement.

“Emergency Contact” means the person and/or telephone number provided to you at the time you collect the Vehicle and specified in the Schedule to this Hire Agreement.

“Hire Period” means the period of time commencing at the time and date and ending at the time and date as set out in the Schedule of this Hire Agreement.

“Vehicle” means the vehicle set out in the Schedule of this Hire Agreement.

“We”, “Us” or “Our” is a reference to The Trustee for Asia Pacific Hire Unit Trust ABN 70 413 804 477.

“You” and “Your” is a reference to the person who signs this Hire Agreement and whose details appear in the Schedule of this Hire Agreement and, where that person is an individual, also includes any Authorised Driver. You are jointly and severally liable with the Authorised Driver for any charges or liability arising as a result of a breach of the terms of this Hire Agreement. When more than one person hires, or drives, the Vehicle, the obligations of all such persons under this Hire Agreement are joint and several.

What is included?

Driving Kilometers – kilometers for use of any of our vehicle is capped at a rate of 200 kilometers in distance travelled in any 24 hour period. Should you travel outside of this amount you will be charged an additional fee per corresponding vehicle. Please ask one of our team members to clarify this if needed.

Fuel – The vehicle hired from us will come with a full tank of petrol. We ask that you return the vehicle with a full tank of petrol. Should the vehicle be returned without a full tank we will refuel the vehicle at your expense with our management fee included as an additional cost.

Fines, Tolls and additional or miscellaneous charges

You are responsible for all fines, private parking charges, road tolls and other similar charges (including parking fines or charges) incurred in relation to the vehicle during the rental period. We will work with authorities to pass on notices of fines and parking charges to you, and also charge you an administration Fee of up to $50.00 per infringement notice. If you incur toll charges during the rental, we will charge for you those tolls plus the applied administration Fee.

We reserve the right to terminate your Agreement at any time by providing 2 days written or verbal notice if:

  • you have not paid an invoice issued in relation to that longer term rental and you fail to pay the invoice within 24 hours of being notified by Prestige that the invoice is outstanding;
  • we reasonably believe you have breached, or are likely to breach, the Agreement; or
  • we have reasonable grounds to believe the vehicle is being used for a Prohibited Use.
  • We may terminate your Agreement at any time on 30 days’ notice.
  • Any terms of the Agreement that are intended to apply after the termination of the Agreement, will survive including the terms in Damage and Loss.

2. AUTHORISED DRIVER

Only persons who meet the criteria listed in this clause, who have been accepted in writing by us as an Authorised Driver are entitled to drive the Vehicle. By signing this Hire Agreement, you are declaring that you and any other Authorised Driver meet the following criteria and requirements:

2.1 The holding of a current Driver’s Licence that legally allows that person to drive the Vehicle in the relevant Australian State or Territory.

2.2 Not having any driving related convictions in the last 3 years.

2.3 Not whilst driving the Vehicle be under the influence of or affected by drugs or alcohol. Notwithstanding and without limitation to the generality of this clause 2.3, for the purposes of this clause 2.3 a person is under the influence if.

2.3.1 their blood alcohol level is in excess of the legal limits of the particular Australian State or Territory in which the Vehicle is being driven;

2.3.2 they have taken prescription medication which is medically regarded, recognised or accepted as medication which is unsuitable to ingest while driving or which may affect the person’s ability or capacity to drive a vehicle.

2.3.3 they have consumed or are under the influence of any substance contrary to the law either of an Australian Territory or an Australian State; and for the avoidance of doubt, if the consumption of or the possession of such a substance (whether drug, plant, part of a plant, vegetable or mineral) is contrary to the law of any Australian Territory or State, even if the person is not physically in that particular Australian Territory or State at the time of consumption or of being under the influence then this requirement is not met.

2.4 Being over the age stated in the Schedule of this Hire Agreement, and having held a full Driver’s Licence for a period of at least 1 year immediately prior to the commencement of the Rental Period. For the avoidance of doubt a full Driver’s Licence does not include a Probationary Licence or a Learner’s Permit.

2.5 Not having been, in the 3 years preceding the commencement of the Hire Period, refused motor vehicle insurance or had their vehicle insurance policy cancelled for any reason whatsoever.

3. ACCEPTABLE VEHICLE USE AND CONDITIONS

3.1 The following clauses outline where you can drive the Vehicle. Persons who want to take the Vehicle outside of the geographical area outlined in3.2 must only do so with our express prior written consent.

3.2 You are only permitted to drive the Vehicle on suitably surfaced roads (such as bitumen, concrete, pavers etc.) within the State of Victoria (or as otherwise authorised in the Schedule of this Agreement) providing the Vehicle is not driven:

3.2.1 on private property where you do not have permission to;

3.2.2 in a National Park and other government land region where you do not have permission to enter;

3.2.3 on a construction site or building site of any kind; 3.2.4 on unsealed roads;

3.2.5 on roads which are flooded;

3.2.6 on days on which a total fire ban has been declared, in areas within 20 km of where bushfires are burning (as shown on the relevant government website in Victoria, this website is emergency.vic.gov.au)

3.3 You are not permitted to use the Vehicle for the purposes of or associated with any media, film, photograph or advertisement without our express prior written consent.

3.2 must only do so with our express prior written consent.

3.2 You are only permitted to drive the Vehicle on suitably surfaced roads (such as bitumen, concrete, pavers etc.) within the State of Victoria (or as otherwise authorised in the Schedule of this Agreement) providing the Vehicle is not driven:

3.2.1 on private property where you do not have permission to;

3.2.2 in a National Park and other government land region where you do not have permission to enter;

3.2.3 on a construction site or building site of any kind; 3.2.4 on unsealed roads;

3.2.5 on roads which are flooded;

3.2.6 on days on which a total fire ban has been declared, in areas within 20 km of where bushfires are burning (as shown on the relevant government website in Victoria, this website is emergency.vic.gov.au)

3.3 You are not permitted to use the Vehicle for the purposes of or associated with any media, film, photograph or advertisement without our express prior written consent.

4. PROPER VEHICLE USE

The Vehicle must only be used in accordance with the terms of this clause. It is important that you adhere to the requirements of this clause for your safety, that of your passengers and the safety of the Vehicle. For the purposes of this clause you warrant that you are authorised to sign this agreement as agent for each Authorised Driver as a Principal as well as on your own behalf as a Principal. You must, and the Authorised Driver must, at all times ensure that:

4.1 The Vehicle does not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which the Vehicle was designed;

4.2 All persons in the Vehicle will at all times wear their seat belt restraint.

4.3 Any babies or children who are too small for the seat belt restraints are only carried in the Vehicle using a properly fitted child safety restraint. Please note that any child safety restraint must only be fitted by us and we cannot guarantee that one can be fitted to all vehicles. It is your responsibility to inform us that you require a child safety restraint prior to choosing the Vehicle and signing this Hire Agreement. If you cancel this Hire Agreement within 24 hours prior to collection of the Vehicle due to the inability of the Vehicle to be fitted with a child safety restraint we will be entitled to charge you for one days hire;

4.4 The Vehicle is not used to tow or push anything, ever;

4.5 The Vehicle is not used to carry or transport any property which is incorrectly loaded or secured or is in excess of the load limits recommended by the Vehicle’s manufacturer;

4.6 The Vehicle is not used for any illegal purpose, race, contest or performance test of any kind; the carriage or transport of any substance, the possession or sale of which is contrary to the law of the State or Territory in which the activity takes place; or as part of or in any way related to the provision of a commercial sex activity.

4.7 The vehicle is not used at excessive speeds, harshly accelerated or in contravene to any law within the State or Territory in Australia to which the Vehicle is being driven;

4.8 The Vehicle is not used under the influence of alcohol, drugs, or with a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is being driven;

4.9 The Vehicle is not used to carry any flammable, explosive or corrosive materials;

4.10 The Vehicle is not used to carry passengers for payment of any kind;

4.11 The Vehicle must not be used in contravention of any law;

4.12 Any tolls, permits and other licenses or fees required for driving or parking in any areas are obtained and paid prior to driving or parking (as the case may be) in those areas;

4.13 Smoking cigarettes or tobacco products is strictly prohibited in the Vehicle at all times. The Authorised Driver will be liable to pay for any damage caused and/or dry cleaning required due to smoking in the Vehicle which will include odour removal as determined by us;

4.14 No food or liquid is consumed in the Vehicle at any time or carried in the Vehicle when not in a properly sealed container. The Authorised Driver will be liable to pay for any damage caused and/or dry cleaning required due to food, liquid or other product affecting the Vehicle;

4.15 The Vehicle is returned after the hire period to us in good working order and repair with due allowance for normal wear and tear;

4.16 No wedding ribbons or similar embellishment are attached to the Vehicle without our express prior written consent;

5. ADDITIONAL CHARGES

It is and remains your responsibility, and that of the Authorised Driver, jointly and severally, to pay all tolls, fines, entrance fees, parking and any other fees associated with using the Vehicle; including entering any area that incurs a fee.

5.1 Road tolls should be paid and/or settled by you or by the Authorised Driver prior to returning the Vehicle to us. Any toll fees, late payments and associated administration fees will be charged to you upon receipt of the notice by us from the relevant authority unless a toll fee is charged as detailed in the Schedule of this Hire Agreement.

5.2 All speeding fines, redlight and other traffic infringements shall remain the responsibility of the Authorised Driver. Upon receipt of any infringement notice or fine by us, we shall advise the relevant authority of the Authorised Driver’s details who is responsible for the Vehicle at the time of the fine. Any query regarding a notice received from a Traffic Authority by you or by the Authorised Driver should be directed to the relevant authority and not to us;

5.3 Parking fees, parking infringement penalties and entrance fees to parks, etc. will remain the responsibility of the Authorised Driver and the Authorised Driver will ensure that permits, entrance tickets parking tickets etc. are displayed in accordance with the instructions, regulations and rules of the area where the Vehicle is located. Any fines and/or penalties associated with a breach of this clause will be charged to the Authorised Driver;

5.4 Each vehicle comes with a 200 kilometre daily limit to which the vehicle can be driven. Exceeding this limit will incur a cost per kilometre unless otherwise expressly agreed otherwise by a representative of Asia Pacific Hire Pty Ltd. The cost per kilometer varies from vehicle and can be confirmed from a representative or employee of APH. By signing this Hire Agreement, you irrevocably authorise us to charge your credit card and/or charge account and/or deduct from your Bond Guarantee Payment any charges, fines, penalties incurred during the Hire Period as set out in Clauses 5.1, 5.2 and 5.3. The bond guarantee payment will be refunded to you promptly following your performance of all obligations in this Hire Agreement.

Should you wish to confirm or verify any charges made to your credit card and/or charge account and/or deducted from your Bond Guarantee Payment please contact us.

6. GENERAL VEHICLE MAINTENANCE

This clause outlines your role in maintaining the Vehicle in good working order during the Hire Period. Each vehicle undergoes a regular general maintenance and safety check. By signing this Hire Agreement you acknowledge and agree that the Vehicle has left our premises in good working order with correct levels of oil, coolant, window wiper water and mechanically required fluids. It is your responsibility to thoroughly check the Vehicle prior to hiring same and bring to our attention any damage to the Vehicle. You must and the Authorised Driver must ensure that:

6.1 The engine oils, engine coolant and window wiper reservoir are maintained at a suitable level in accordance with the Vehicle manufacturer’s specifications (a copy of which is supplied with the vehicle);

6.2 The Vehicle is refuelled upon indication of the fuel running low via the ‘fuel low indicator’ that appears on the Vehicle’s display panel. The Vehicle should be refuelled using premium unleaded petrol (PULP 98 Octane) unless otherwise specified in the Schedule of the Hire Agreement with receipt of such being handed to us on the day of returning the vehicle. Failing to fill the vehicle with the correct fuel will incur a fee under the damage liability clause within this agreement.

6.3 Upon Hire Periods of 14 days or longer and/or travel of more than 300km in 1 day, tyre air pressure should be checked and kept in accordance with the Vehicle manufacturer’s specifications (a copy of which is supplied with the vehicle).

6.4 The Vehicle is kept locked at all times when not in use and that the keys and any electronic entry devices are kept in your possession (or that of the Authorised Driver) and under your personal control (or that of the Authorised Driver) at all times.

7. INTENTIONAL OR INCIDENTAL DAMAGE

7.1 You must, and the Authorised Driver must immediately notify us of any accident involving the Vehicle or damage to the Vehicle. If this occurs outside of normal office hours, you must, or the Authorised Driver must, telephone the Emergency Contact;

7.2 Any accident or damage to the Vehicle includes:

7.2.1 Any accident that the Vehicle is involved in that may result in damage to the Vehicle, a third party vehicle, any person(s) whether passengers or not, and/or any property not being yours, that of an authorised driver or of a passenger;

7.2.2 Any incident that requires Police attendance and/or intervention (even if no damage is occasioned to the Vehicle);

7.2.3 Windscreen damage;

7.2.4 Tyre blowouts or punctures;

7.2.5 Acts of vandalism or damage to the Vehicle. If the vandalism or damage was not witnessed by you, or by the Authorised Driver or one of their passengers, the damage must be reported immediately to us and to the Police upon its discovery;

7.2.6 Any damage to or loss of proper operation of headlights, tail lights, indicator lights or the drivers display panel that renders the Vehicle defective in accordance with the relevant law of the particular State or Territory in which the Vehicle is located;

7.2.7 Any act or damage involving the Vehicle that you believe (acting reasonably), should be reported to us.

7.3 The Emergency Contact will advise you of what action you should take in the event of accident or damage.

7.4 In the event of an accident, you must, and the Authorised Driver must also contact the necessary emergency authorities, Police/ Ambulance/ Fire Brigade, immediately (as appropriate).

7.6 Except in the case of hospitalisation or death, you are, and the Authorised Driver is required to attend at our office in order to complete and sign an Accident/Damage Report Form within 24 hours of an accident. Where necessary, we will assist with the completion of this form. In the event of hospitalisation, the form must be completed within 24 hours of a doctor certifying that you (or the authorised person, as the case may be) are fit and able so to do.

7.7 You must immediately forward to us any correspondence or communications of any nature from other parties associated with an accident or incident. This will assist us to complete any insurance claims or Police Reports where necessary.

7.8 You also agree to provide us within a reasonable time any statement information or assistance which we or our insurer may reasonably require, including attending, with the authorised person and with such persons who were passengers in the vehicle at the time of any accident, as we may reasonably request, at a lawyer’s office and at Court to give evidence or make a statement, oral or otherwise.

7.9 You acknowledge that upon an incident occurring whether at fault or not, that should the vehicle repairs require a claim to be lodged through our insurance providers that you will be liable to pay the full amount of the excess for the respective vehicle as per our insurance policy. The amount of excess varies on each vehicle ranging from $1,000.00 to $10,000.00. This amount does not reflect the amount you have provided as a security bond as at times we exercise our discretion to lower the security bond amount on vehicles

8. OUR LIABILITY

We are not liable to any person, and you indemnify us for any loss of, or damage to, any property:

8.1 Stolen from the vehicle or otherwise lost during the Rental Period; or

8.2 Left in the Vehicle after its return to us.

9. INCIDENT ADMINISTRATION FEE

An Incident Administration Fee applies to damage and/or abnormal wear and tear suffered by the Vehicle because of misuse during the Hire Period and is also used to cover:

9.1 Repairs to any part of the Vehicle and its fittings.

9.2 Fees associated with towing, Vehicle recovery and/or storage.

9.3 Damage caused to third parties or their property by the Vehicle.

9.4 Mechanical repairs due to a breach or non-adherence of your obligations under this Hire Agreement.

9.5 Administrative and legal costs of any kind associated or resulting from the Vehicle having to be repaired or serviced; or in the processing of any infringement notices in relation to improper parking, speeding or other violations of road traffic laws; and you agree that for the purposes of this clause 9.5 a reasonable charge is $42.50 for each 30 minutes or part spent on any administrative matter by staff in our office; $21.25 for each text message or email we either send or receive with respect to an administrative matter; or $42.50 for any letter we send to you or to an authorised driver, of up to 2 pages in length.

9.6 Damage associated with the theft of the Vehicle or any part thereof.

9.7 Damage or losses incurred by us in having to repair or service the Vehicle due to the misuse of the Vehicle during the rental period in breach of this Hire Agreement.

9.8 Loss and damage suffered by us during the period a vehicle is being serviced or repaired due to the misuse of the vehicle during the Hire Period. This amount is calculated by multiplying the daily rental rate as set out in this Hire Agreement by the number of days the vehicle is unable to be rented.

9.9 Any other loss, damage or costs incurred by us due to your breach of this Hire Agreement or non-payment by you of any amounts due to us in accordance with the terms of this Hire Agreement.

9.10 Fees associated with the Vehicle being impounded.

9.11 The vehicle insurance excess referred to in the Schedule of this Hire Agreement.

9.12 Please also note, all incidental or damages incurred as a result of the vehicle being hired at fault of the hirer incurs an administrative fee of $150.00

You irrevocably authorise us to charge your credit card and/or charge account and/or deduct from your Bond Guarantee;

Payment the Damage Liability Fee and any other loss or damage including administration costs, legal fees on an indemnity, basis and other expenses suffered by us and further acknowledge that the Damage Liability Fee may be in excess of the Bond Guarantee Payment.

PLEASE TAKE NOTE:

Our vehicles come fitted with a real-time GPS device which transmits data to us of the vehicle’s location, speed and use statistics in real time. This information is discretionarily at times used by us and you acknowledge and consent that we will rely on this information to assess and determine whether the vehicle has or is being used during the Hire Period in accordance with your obligations as set out in this Hire Agreement and to determine whether the Vehicle requires a full service, engineering check and/or repairs as a result of misuse and to assess whether the vehicle has suffered abnormal wear and tear after the Hire Period. All costs associated with the servicing, repairs and replacement of parts due to the misuse of the Vehicle in contravention of the terms of this Hire Agreement including administration costs associated therewith and any loss suffered by us due to the inability of the Vehicle to be rented during such servicing and repairs are included in the Damage Liability Fee referred to in this Hire Agreement.

You further acknowledge and agree that if the vehicle is damaged during the Hire Period that we may rely upon the GPS data to verify and conclude that such damage was caused by you if the GPS data indicates that you have misused the vehicle in contravention of the terms of this Hire Agreement during the Hire Period.

If the GPS tracking device is disabled or tampered with, you accept and agree that we may assume at our sole discretion that the Vehicle has been used in breach of your obligations as set out in this Hire Agreement.

10. PAYMENT OBLIGATIONS

10.1 You authorise us to charge all moneys due and payable to us under this Hire Agreement to your credit card and/or charge account and/or to deduct that amount from your Bond Guarantee Payment.

10.2 We will refund, within 10 business days, any refund due to you by such method as we may reasonably choose. Please note that in the event of theft, fire or any damage refunds may take up to 12 weeks to be reviewed and processed.

10.3 If you fail to pay any money due under or in connection with this Hire Agreement within 14 days of the date by which you were required to pay the money:

10.3.1 you must also pay to us interest at $1 per $1000 or part thereof which is due, for each day any money is due in accordance with the terms and conditions of this Agreement from the expiry of 14 days after the date on which you were required to pay the money due to the date of payment; and

10.3.2 pay to us on demand all the money which we have paid to recover any moneys outstanding under this Rental Agreement and all other costs and expenses including without limitation legal costs and expenses that we have incurred on a full indemnity basis.

10.4 You agree that all charges and other moneys which according to the terms of this Agreement is owing to us to us may be collected on our behalf by an agent of ours.

10.5 You agree to be bound by the excess of the vehicle(s) insurance policies outlined in the schedule below and become liable for the damages caused to a vehicle.

10.6 You agree that APH hold the express discretion to determine whether an insurance policy or policies are claimed against. Should a repair or liability fees become payable that does not in our sole opinion warrant a claim on insurance, you agree to pay for damages suffered by us in full within (7) days of occurrence.

11. RETURNING THE VEHICLE

11.1 Upon completion of the Hire Period, you are responsible for and shall return the Vehicle to us at our premises or in accordance with our reasonable direction.

11.2 You must return the Vehicle during normal office hours, unless arrangements have been made by you and agreed by us in writing prior to the expiry of the Rental Period. The Vehicle is not regarded as returned to us unless.

11.2.1 our employee has completed a Vehicle Condition Report, and obtained your signature on that report; and

11.2.2 all keys and security devices associated with the Vehicle have been handed to us.

11.3 Under no circumstances, will the Vehicle be regarded as returned if it is left at our premises (either outside the premises or on the premises) without our prior written consent.

11.4 You are responsible for ensuring that all equipment, parts and accessories associated with the Vehicle are returned by the time and date specified in the Schedule of the Hire Agreement. This includes any child safety restraints, GPS devices etc.

11.5 You agree that the Vehicle must be returned in the same condition as at the commencement of the Hire Period save for normal wear and tear.

12. RIGHTS RESERVED BY The Trustee for Asia Pacific Hire Unit Trust ABN: 70 413 804 477

We reserve the right to cancel this Hire Agreement and take immediate control of the Vehicle without further notice to you and charge your credit card and/or charge account and/or deduct any amount required from your Bond Guarantee Payment in accordance with this Hire Agreement if:

12.1 You appear (in our sole opinion) to be in breach of any of the obligations contained in this Hire Agreement.

12.2 It is apparent that the Vehicle may be damaged, person(s) may be harmed or infringements or illegal activity may occur during the Hire Period.

12.3 The Vehicle could or may be involved in any industrial disputes.

12.4 We believe (at our sole discretion) that you may not be able to satisfactorily discharge your obligations or pay all amounts payable pursuant to the terms of this Hire Agreement.

12.5 You appear to have used and/or are using the Vehicle for any illegal activity, or have driven the Vehicle in an inappropriate manner or in contravention of this Rental Agreement or any law within the State or Territory in which the Vehicle is being driven.

13. TERMINATION OF THIS HIRE AGREEMENT

If this Hire Agreement is terminated within 24 hours of commencement of the Hire Period for any reason other than a breach by us, you agree to pay Hire charges for the period of the proposed Hire. Such charges may be higher than those that apply for a longer rental period.

14. APPLICABLE LAW

14.1 The laws of Victoria and the Commonwealth of Australia govern this Hire Agreement where the vehicle is supplied in Australia.

14.2 To the fullest extent permitted by law, all terms, conditions and warranties which would otherwise be implied under consumer legislation are hereby expressly excluded.

14.3 If a provision of this Hire Agreement is void, illegal or unenforceable in any relevant jurisdiction, it is severed from this Agreement for the purposes of that jurisdiction. The remainder of this Deed has full force and effect and the validity and enforceability of that provision in any other jurisdiction is not affected.

15. PRIVACY POLICY

Our privacy policy can be obtained by visiting our website at https://www.houseofmachina.com.au/wp-content/uploads/2019/04/Machina_Privacy_Policy.pdf

16. VEHICLE CONDITION, TYRE & WHEEL LIABILITIES

16.1 We will provide the vehicle smoke-free, and in a clean and tidy condition. Due to the value of the vehicles, you and each authorised driver are obliged to maintain the vehicle to an acceptable condition. Upon completion of your Hire the vehicle should be returned in the same condition, save any reasonable wear or dust, without Sand, Mud, Dirt, or rubbish inside the vehicle and not otherwise excessively dirty. If the vehicle is not a reasonable condition then we reserve the right to deduct detailing fees from the amount of the condition guarantee or security bond. The Minimum Detailing fee is $200.00; the maximum is $500.00; and we determine in our unfettered and absolute discretion, the level at which the vehicle needs to be detailed in the event that a person has smoked within the vehicle, the minimum charge for deodorising the vehicle is $1500.

16.2 We inspect the vehicle prior to going on rent and make sure that are in a roadworthy condition. Any tyre puncture or flat tyre is solely your liability and not ours, and you must repair or replace punctured or burst tyres at your expense as soon as possible after such puncture or bursting takes place.

17. SMOKING

Asia Pacific Hire Pty Ltd does not allow smoking in any of the vehicles of Asia Pacific Hire Pty Ltd and any customer that has been founded smoking inside the vehicle will have to suffer the minimum charge of $1500.00 for deodorising the vehicle and changing all cabin filters if needed be.

18. SPEEDING & HOON DRIVING

We do not condone excessive speeding or the vehicles being used for competition or racing events, aggressive or extreme driving and/or hoon driving. There are harsh state laws that makes such actions illegal. You agree that the vehicles are not being hired for the purpose of engaging in racing or competition events, aggressive or extreme driving and/or hoon driving, nor should the vehicles be used in any manner that is dangerous to the public.

18.1 In the event that this type of driving or use occurs then you agree to the hire rate being 10 times the normal rate. This is agreed to be a fair estimate of the excessive wear and tear caused to the components of the vehicles due to this unauthorized use.

18.2 You authorize us to report at any stage during the rental or after the rental the details of the use of the vehicle to Victoria Police or the appropriate state authorities.

18.3 You authorise us to immediately terminate the rental if there is an indication that

18.3.1 the vehicle is being used for competition or racing events,

18.3.2 you are engaging in aggressive or extreme driving,

18.3.3 you are engaging in hoon driving, or

18.3.4 you are driving at excessive speed or are driving in a manner dangerous to the public;

18.3.5 you are using the vehicle in the course of commercial sex work, as a commercial or public passenger vehicle, or for the transport of any substance, the possession of which is contrary to law, even if for your own consumption.

18.4 If the rental is terminated pursuant to the provisions of this Clause 18, we are authorised to immediately remove the vehicle from your possession without having to provide any refunds. You agree that this is a fair and reasonable estimate of the damages that we will suffer as we will not be in a position to recover, service and re-rent the vehicle at short notice.

18.5 If multiple Speeding or honing event are logged on our system (i.e. In excess of 8% of driving time during the rental) the daily rate will be increased to a figure representing double the quoted rate in order to compensate for excessive wear and tear being inflicted on the various vehicle components. This is agreed to be a fair estimate of the excessive wear and tear caused to the components of the vehicle due to this unauthorised use.

18.6 Should we deem the vehicle having been used in excessive and/or hoon driving as a result of the GPS data provided to us during your hire period we can apply the aforementioned monetary penalties at our discretion at all times.

18.7 If the vehicle breaches 170 km/h at any stage throughout the hire period, you agree to forfeit the whole security bond or a portion of as a result of excessive wear and tear incurred from improper use of the vehicle.

RETURN OF THE VEHICLE UPON COMPLETION OF THE HIRE:

UPON RETURN OF THE VEHICLE WE HAVE THE RIGHT TO INSPECT, INVESTIGATE AND CHECK ALL FUNCTIONS OF THE VEHICLE WITH AN AUTHORISED SERVICE WORKSHOP OR DEALER AS WE DO CARRY A DUTY OF CARE TOWARDS OUR CUSTOMERS AND ALL FUTURE CLIENTS. THAT MAY BE AT YOUR COST IF THE VEHICLE IS IN BREACH OF THIS HIRE AGREEMENT AND THAT IS ONLY TO ENSURE THAT THE VEHICLE HAS NOT BEEN USED IN BREACH OF THE TERMS OF THIS HIRE AGREEMENT (SUCH AS RACING, BURN OUTS ETC.), AND TO DETERMINE WHETHER THE VEHICLE HAS ANY DAMAGE OR COMPONENTS THAT HAS BEEN AFFECTED AND WHICH CANNOT BE READILY IDENTIFIED AT THE TIME OF THE RETURN OF THE VEHICLE.

You agree;

I, authorise APH TO CHARGE THE DAMAGE LIABILITY FEE FROM MY CREDIT CARD PROVIDED BY ME AND/OR FROM THE ACCOUNT AND/OR TO DEDUCT FROM THE BOND GUARANTEE PAYMENT THE DAMAGE LIABILITY FEE and any amounts for loss, damage or administration costs suffered by APH including any other amounts due and payable to APH in accordance with the terms of this Hire Agreement.

“I acknowledge receipt of the vehicle and agree that:

a) I have inspected the vehicle and consider it to be in good condition;

b) I understand the method of operation of the vehicle and shall not try to avoid liability for damage on the grounds of not being familiar with operational procedures;

c) I shall ensure that the vehicle hired is not used by a third party other than an Authorised Driver;

d) I undertake to return the vehicle hired in good condition on or before the due date

e) I agree to accept complete responsibility for the vehicle until returned and agree to pay for any repairs necessary or the current market value in the event of theft or loss of or damage to the vehicle while hired, whether due to my negligence or not.

I also acknowledge, agree and understand that excessive speeding, driving in a dangerous manner, driving in contravention of any law within the State or Territory in which the Vehicle is being driven or misuse of the Vehicle in accordance with the terms of this Hire Agreement will result in further costs being incurred by me in accordance with the provisions of this Hire Agreement as my hire rate will have to change and will be charged and deducted from my Security Bond.