Hawk Rent A Car
Conditions for Car Rental
(please note this is an excerpt and should be regarded as a
guide only. This information was valid as at 1 April 2004. The complete
contract will be provided for your signature upon picking up your vehicle from
Hawk Rent A Car).
Items not covered by insurance
The renter acknowledges responsibility
for the following items which are not covered by insurance under any
circumstances
Late Return Fee
If the vehicle
is not returned at the date and time specified on the rental agreement, a late
fee equivalent to 1/3 of Daily rate per hour or part thereof will apply. If
there is no notification made to the owner of intentions to return the vehicle
late a further $50 fee will apply.
Early Return
No refunds can
be given for vehicles returned early
In the event of
single vehicle accidents the damage/loss liability is doubled
Please note that smoking is prohibited in all Hawk
Rent A Car vehicles. A $110 deodorising/valeting
fee will be charged if smoking is evidenced.
Rental Vehicle Agreement Terms And Conditions
Hirer (you)
Hawk Rent A Car (the Company)
1. Vehicle Condition and Return
The vehicle is
delivered to you in good operating condition and with the seal of the odometer
unbroken. You agree to return the vehicle in the same condition (except for
ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE) together with
all tool, tyres, accessories and equipment to the
location and the date specified in the rental contract (or sooner, if demanded
by the Company). The Company may take possession of the vehicle without prior
demand and at your expense, if it is illegally parked, used in violation of the
law or if this agreement, or if it is apparently abandoned. If the seal of the
odometer is broken the persons responsible will be reported to the appropriate
authority and you are responsible for extra charges based on 500 kilometers per
day at 50c per kilometer.
Note: The Company must be notified and agree to any extension
of the period of hire beyond that stated in the rental contract in advance of
the return date and time or the vehicle will be immediately reported as stolen.
2. Unauthorised
and Prohibited Use
Persons who
must NOT drive the vehicle
(a)
A
person who is not identified in the rental contract or has not been identified
to the Company or approved by the Company in writing.
(b)
A
person who is not licenced for that class of vehicle
(c)
A
person whose blood alcohol concentration exceeds the lawful percentage
(d)
A
person who has given or for whom you have given a false name, age, address or
driver’s licence details
(e)
A
person whose driver’s licence has been cancelled,
endorsed, or suspended within the last three years
(f)
A
person who has held a driver’s licence for less than
two years
Circumstances in which and/or for which
a vehicle must not be used
(g)
Outside
the area of use limitations shown in the rental contract
(h)
On
unsealed roads or off road conditions unless authorised
by us in writing or as part of the rental agreement
(i)
To
carry persons for hire or to carry any inflammable, explosive, or corrosive
materials
(j)
To
propel or tow any vehicle, trailer, boat or other object unless the Company has
authorized such use in writing
(k)
To
carry any greater load and/or more persons than is lawful or use in a manner or
for a purpose other than for which it was designed and constructed
(l)
For
racing, pacemaking, reliability trials, speed trials,
hill climbing, or being tested in preparation for those purposes
(m)
In
a dangerous manner
(n)
In contravention
of any legislation or regulation controlling vehicular traffic or for any
illegal purposes
3. Financial Obligations
Special Note: Joint hirers and all drivers are jointly
and severally responsible under the rental contract
You are
responsible for and by entering into the rental contract, you authorize the
Company to debit your credit card/deposit (and you will pay on demand any
balance) with the following charges:
(a)
All
rental charges specified in the rental contract
(b)
All
charges claimed from the Company in respect of parking or any other traffic
violations incurred during the period of hire or until such later time as the
vehicle is returned to the Company
(c)
All
loss or damage to the motor vehicle (including loss of use), Third Party
Damages, legal expenses, assessment fees, towing and recovery, storage and Company
service charges where
(i)
any
condition of the rental contract and in particular Condition 2 (relating to Unauthorised and Prohibited Use), or any special condition
in the rental contract has been breached
(ii)
the
vehicle is involved in a single vehicle accident unless the Company waives such
loss to a single vehicle liability amount shown in your rental contract
(iii)
you
have left the vehicle unlocked or left the keys in the vehicle
(iv)
you
have not kept the key secure and under your personal control
(v)
the
underbody of the vehicle is damaged regardless of cause when no other vehicle
is involved
(vi)
the
vehicle is totally or partially immersed in water regardless of cause
(vii)
the
interior of the vehicle is damaged regardless of the cause when no other
vehicle is involved
(viii)
the
tyres of the vehicle are damaged other than by normal
wear
(ix)
the
vehicle is damaged by driving it under or into an object lower than the height
of the vehicle
(x)
you
have failed to maintain all fluid and fuel levels or failed to immediately
rectify or report, to us any defect of which you become aware
(xi)
the
vehicle is damaged by loading or unloading other than by normal wear
(xii)
your
failure to secure properly any load or equipment which leads to loss caused by
any part of said load or equipment
Special Note: If you have paid by use of a credit
card which fails to make payment when due, you will immediately pay the full
amount due to the Company on demand.
4. Damage Cover
If you act
within the terms and conditions of the rental contract the Company will grant
damage cover (including legal costs incurred with our consent) for your benefit
in respect of damages to the vehicle or third party damage other than any
property owned by you (or any friend, relative, associate or passenger) or in
your physical or legal control. This cover is subject to:
(a)
Your
payment of the damage/loss liability charge stated in the rental contract
(b)
Your
not having acted or having caused any other person to have acted in any manner
which is in contravention of the rental contract including any special
conditions therein
(c)
Your
not being covered under any policy of insurance
(d)
Your
providing such information and assistance as may be requested and, if
necessary, authorizing the Company insurer to bring, defend, or settle legal
proceedings, but the Company shall have sole conduct of the proceedings
5. General Provisions
(a) You will promptly report any incident involving
loss or damage to the vehicle or loss involving the vehicle while rented under
the rental contract to the Company location where the vehicle was hired and
will deliver to the Company immediately every summons, complaint, or paper in
relations to such loss. Compliance with this sub-paragraph does not excuse the
hirer from reporting incidents to police or other proper authorities.
(b) You release and hold harmless the Company (and
its agents and employees) from all claims for loss or damages to your personal
property, or that od any other person left in the
vehicle, which is received, handled, or stored by the Company at any time
before, during, or after this rental period, whether due to the Company’s
negligence or otherwise
(c) Except as provided by law, no driver or
passengers in the vehicle shall be or deemed to be the agent, servant, or employee
in any manner for any purpose whatsoever
(d) The company gives no express or implied
warranty as to any matter whatsoever including without limitation the condition
of the vehicle and equipment, it’s merchantability or
fitness for any particular purpose
(e) No right of the Company under the rental
contract may be waived except in writing by an officer of the Company
(f) Words used in the rental contract to denote
any gender shall include all genders, singular words include the plural
6. Fuel
The vehicle
must be returned with the amount of fuel equal to that at the time of rental.
If the vehicle is returned with less fuel the difference will be charged at a
rate which may include a service component unless prior arrangements have been
made and noted in the rental contract
7. Personal Accident Insurance (where
applicable)
Where you
accept Personal Accident Insurance by accepting the appropriate premium as
specified in the rental contract, with charges to apply as per the rates shown
on the rental contract, acceptance of those charges is deemed to be proof of
coverage and confirmation of your agreement to accept the terms, conditions,
and benefits of the Personal Accident Insurance.
A copy of the
policy will be available for your inspection on pick up.