Credit Card Authoristation Form

Collision Damage Options (All Pricing Excludes GST) 

Note: All rentals are subject to RentWA’s full Terms & Conditions available on our website and in hard copy supplied with each Rental Agreement

Cover Includes

• All drivers 21 plus
• 24hr cover state-wide on all government gazetted roads
• Additional age excess charge applies for drivers aged 21 – 24
• Animal damage
• Single vehicle accidents
• Maximum charge for additional cover of $360 per month for Platinum and $270 for Gold (these prices are plus GST)

Cover Excludes

• Drivers under 21 – not allowed without prior written approval from RentWA
• Overhead damage (area of vehicle higher than the windscreen, including any part of pantech or box section of vehicle)
• Underbody damage
• Windscreen and tyre damage
• Off road use (cover applies on government gazetted sealed roads only, 4WD’s can be driven on government gazetted unsealed roads)
• Loss or damage where the vehicle is partially or totally immersed in water regardless of cause
• Personal belongings
• Loss or damage where the vehicle and/or keys have been left unsecured
• Loss or damage resulting from failure to take appropriate action regarding warning lights and/or gauges

 
RENTAL TERMS AND CONDITIONS

1 Introduction

1. When You rent a Vehicle from RentWA the contract (Rental Contract) You have with Us consists of two separate documents.
   They are:
   1. the agreement (Rental Agreement) You have signed to rent the Vehicle from Us; and
   2. these rental Terms and Conditions (Terms and Conditions).
2. The date of the Rental Contract is the date shown in the Rental Agreement.
3. The Rental Contract is governed by the laws of Western Australia and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

2 Who may drive the Vehicle?

1. Only You or an Authorised Driver can drive the Vehicle.
2. It is a Major Breach of the Rental Contract if You let anyone who is unauthorised to drive the Vehicle. If there
   is a Major Breach of the Rental Contract there is no Damage Cover under clause 7 for You, the Authorised Driver or the unauthorised driver for any Damage, theft of the Vehicle or Third Party Loss.
3. We set a minimum and maximum age limits for those renting Our Vehicles. You and any Authorised Driver must be at least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of those restrictions before the Start of the Rental and it is noted on the Rental Agreement.
4. You and any Authorised Driver must also have a valid licence to drive the Vehicle. The licence must be:
   1. issued in an Australian state or territory or an international licence (with a translation into English if it is not issued in English);
   2. appropriate for the class of Vehicle You propose to hire and You must have held that class of licence for a period of not less than 12 months; and
   3. unrestricted and not subject to condition. Learner drivers and provisional and probationary licence holders are not acceptable and must never drive the Vehicle.
5. The Vehicle must not be driven if Your licence or the licence of any Authorised Driver has been cancelled within 2 years of the date of the Rental Agreement.

3 Prohibited Use

1. The Vehicle must not be driven by You or any Authorised Driver:
   1. if You or any Authorised Driver is intoxicated or under the influence of drugs or alcohol or has a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
   2. recklessly or dangerously; or
   3. whilst the Vehicle is damaged or unsafe.
2. You and any Authorised Driver must not:
   1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
   2. use the Vehicle:
      (i) for any illegal purpose;
      (ii) to propel or tow another vehicle or a trailer;
      (iii) in connection with the motor trade for experiments, tests, trials or demonstration purposes;
      or
      (iv) in an unsafe or un-roadworthy condition.
3. You and any Authorised Driver must not use the Vehicle to carry:
   1. inflammable liquids, gases or solids;
   2. any goods, materials or substances of an explosive, dangerous, hazardous or corrosive nature; or
   3. substances that pollute or contaminate,
      in quantities above that used for domestic purposes unless:
      (i) You notify Us the type, nature and quantity of such goods You propose to carry;
      (ii) the Vehicle is correctly placarded for the goods carried; and
      (iii) We have given You permission for the goods You propose to carry prior to the Start of the Rental and it is noted on the Rental Agreement.
4. You and any Authorised Driver must not:
   1. damage the Vehicle deliberately or recklessly or allow anyone else to do so;
   2. modify the Vehicle in any way;
   3.  sell, rent, lease or dispose of the Vehicle; or
   4. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
5. You and any Authorised Driver must not use the Vehicle to carry:
   1. passengers for hire, fare or reward or for rideshare purposes;
   2. more than the number of passengers for which the Vehicle is licensed; or
   3. any load that exceeds:
      (i) the limits for which the Vehicle was designed, constructed, registered or licenced; or
      (ii) the weight permitted by law, by-law, regulation, permit or advisory sign.
6. You and any Authorised Driver must not:
   1. use the Vehicle to transport any pets or animals except assistance animals; or
   2. smoke in the Vehicle and You must prevent any passenger from doing so. Additional cleaning and deodorising costs must be paid if there is a breach of this clause.

4 Where the Vehicle cannot be used

1. The Vehicle must only be driven on a sealed road. However, if We have given written permission prior to the Start of the Rental and the general area of proposed use is noted on the Rental Agreement it may be driven on an Unsealed Road and, in special circumstances, Off Road, provided:
   (a) the Vehicle is a four wheel drive (4WD) Vehicle which has a transfer case with an independent low range and hi range gearing capability; and
   (b) the Unsealed Road, or Off Road area, is in a reasonable state of repair that will not cause Damage to the Vehicle.
2. The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
   (a) any area that is Off Road, unless We have given Our prior written approval under clause 4.1;
   (b) roads that are prone to flooding or are flooded;
   (c) beaches, streams, rivers, creeks, dams and floodwaters;
   (d) any road where the police, Mainroads Western Australia or an authority has issued a warning or has closed the road; and
   (e) any road where it would be unsafe to drive the Vehicle.
3. The Vehicle must never be driven or used:
   (a) outside of the state of Western Australia;
   (b) outside a radius of 1,000 kilometres from the Rental Location; or
   (c) onto any island that is off mainland Australia, unless We have given written permission prior to the Start of the Rental and it is noted on the Rental Agreement.

5 Your obligations

1. At the Start of the Rental and before collecting the Vehicle You must pay:
   (a) the Bond; and
   (b) the anticipated Rental Charges.
2. The Bond is fully refundable to You provided that:
   (a) all amounts due to Us under the Rental Contract have been paid, including all amounts due under clause 5.4;
   (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 exterior and interior 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 Rental Contract. We reserve the right to retain all or part of the Bond if there is a breach of any of these conditions.
3. At the Start of the Rental You must also inspect the Vehicle to make sure that any pre-existing damage is noted on the Rental Agreement.
4. At the End of the Rental You must:
   (a) return the Vehicle:
     (i) in the same condition it was in at the Start of the Rental, fair wear and tear excepted; and
     (ii) with a full tank of fuel;
   (b) pay the balance of the Rental Charges (if any);
   (c) pay the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
   (d) pay any costs We incur, including extra cleaning costs under clause 3.6, in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded;
   (e) pay for:
     (i) all Damage arising from a Major Breach of the Rental Contract;
     (ii) the cost of rectifying all tyre damage that is not attributable to normal fair wear and tear;
     (iii) all Overhead Damage;
     (iv) all Underbody Damage;
     (v) Damage to the suspension, chassis, differential, gearbox; transfer case, axles, wheels or engine caused by abuse, abnormal use or misuse of the Vehicle
     (vi) any Damage caused by the immersion of the Vehicle in water;
     (vii) the full cost of replacing spare wheels and any other tools, equipment or accessories supplied with the Vehicle; and
     (viii) the cost of returning the Vehicle to the Rental Location should the Vehicle break down, be abandoned or need towing.
5. You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.
6. You and any Authorised Driver must ensure that:
   prior to commencing Your journey; and at regular intervals throughout Your journey, Your load is properly restrained for all road conditions so there is no risk of it falling from the Vehicle causing injury, loss or damage to third parties, their property or harm to the environment.
7. You must comply with all mandatory seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened;
8. You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in Your possession, or that of any Authorised Driver, at all times.
9. You and any Authorised Driver 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 and checking these no less than on a weekly basis;
   (d) using the correct fuel type; and
   (e) making sure it is not overloaded.
10. If the Vehicle develops a fault during the Rental Period 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 or towing or salvage of it without Our prior written authority to do so.
11. Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.

6 Our obligations

1. Subject to clause 6.2, any warranties as to the condition of the Vehicle are expressly excluded and Our liability for the breach of any condition of the Rental Contract is limited to replacement, repair or resupply and We are not liable for any indirect or consequential loss or damage You may suffer.
2. If the Australian Consumer Law applies to the Rental Contract it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

7 Damage Cover

1. Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions, if You or any Authorised Driver has an Accident or if the Vehicle is stolen We will indemnify You for the theft, any Damage or Third Party Loss but You must pay up to the Damage Excess for each Accident or theft and Loss of Use
   unless We agree that:
   1. You were not at fault; and
   2. the other party’s insurance company accepts liability.
2. The Damage Excess payable under clause 7.1 will be charged to Your credit card:
   1. for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You;
   2. if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
   3. for Accidents in which there is also Third Party Loss, after:
      1. a reasonable estimate of the Third Party Loss has been made;
      2. a repairer’s estimate or tax invoice verifying the amount charged for Damage has been obtained; and
      3. all documents verifying the Third Party Loss and Damage have been sent to You, unless You have expressly authorised the charge to Your credit card at an earlier time.
3. Loss of Use will be charged to Your credit card:
   1. after the Vehicle has been returned into service at the completion of repairs or recovery following a theft; or
   2. if the Vehicle was written off, or if a stolen Vehicle is not recovered, when a replacement Vehicle has entered service.
4. There is no Damage Cover, and You and any Authorised Driver are liable for:
   1. Loss of Use;
   2. the cost of rectifying all tyre damage that is not attributable to normal fair wear and tear;
   3. Damage or Third Party Loss arising from:
      1. a Major Breach of the Rental Contract; or
      2. the use of the Vehicle by any driver who is not an Authorised Driver; or who is less than 21
         or more than 75 years of age;
   4. Overhead Damage;
   5. Underbody Damage;
   6. Damage to the suspension, chassis, differential, gearbox; transfer case, axles, wheels or engine caused by abuse, abnormal use or misuse of the Vehicle;
   7. Damage caused by immersion of the Vehicle in water.
5. There is also no Damage Cover for:
   1. any loss, damage or deterioration of any goods or property carried in the Vehicle and You agree to fully indemnify Us for any claims for Third Party Loss arising from loss, damage or deterioration of those goods or property;
   2. the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote control devices;
   3. the full cost of replacing spare wheels and any other tools, equipment or accessories supplied with the Vehicle;
   4. personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
      1. You;
      2. any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
      3. any relative, friend or associate of an Authorised Driver; or
      4. Your employees.

8 Rental Period, costs and charges

1. The Rental Agreement shows:
   1. the Rental Period for which You have hired the Vehicle; and
   2. the Rental Charges.
2. A daily limit of 100 kilometres applies unless You have purchased at extra cost the unlimited kilometre option and it is noted on the Rental Agreement. If You exceed that limit You will incur an additional fee per kilometre as shown on the Rental Agreement.
3. At the End of the Rental You must return the Vehicle on the date and by the time shown in the Rental Agreement. If You fail to return the Vehicle, We may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
4. If You return the Vehicle:
   1. more than one hour after the time set for its return in the Rental Agreement We will charge You one third of the daily rate for each hour or part thereof it is overdue up to three hours after which standard daily rates will apply for each 24 hour period or part thereof until the Vehicle is returned to Us; or
   2. at any time, other than during Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Location next opens for business.
5. If You return the Vehicle with less than a full tank of fuel a refuelling charge, in addition to the cost of the fuel, will apply.
6. At the End of the Rental You must also pay for all amounts owing pursuant to clause 5.4 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 . Any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable.
7. Credit card authority
   You authorise Us to debit Your credit card for all amounts due to Us or which remain unpaid under the Rental
   Contract provided We do so within a reasonable time after the End of the Rental.
8. Default in payment
   If You default in the payment of any moneys owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

9 Accidents or breakdowns

1. If You have a breakdown or Accident You must contact Us on 1800 RENTWA (free call) or 08 9230 8800 (South Guildford) or 08 9230 8870 (Naval Base) and We will provide all practical assistance as soon as practicable.
2. We will provide You with a Vehicle that is of acceptable quality and in good working order but breakdowns do occur. If the Vehicle breaks down during the Rental Period 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 but We are not responsible for any consequential loss as a result of the breakdown.
3. We are not responsible for:
   1. damage as a result of use of the incorrect fuel type;
   2. a flat battery because the lights or any accessories have not been powered off;
   3. tyre or wheel changing;
   4.  lost keys or remote control device; or
   5. keys or remote control device locked in the Vehicle,
      Extra charges will apply if any of these services are provided at Your request.
4. If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.
5. If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
   1. any person is injured;
   2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
   3. the other party appears to be under the influence of drugs or alcohol,
      You or the Authorised Driver must also report the theft or Accident to the Police.
6. If You or an Authorised Driver has an Accident You and the Authorised Driver must:
   1. exchange names and addresses and telephone numbers with the other driver;
   2. take the registration numbers of all vehicles involved;
   3. take as many photos as is reasonable showing:
      1. the position of the Vehicles before they are moved for towing or salvage;
      2. the Damage to the Vehicle;
      3. the damage to any third party vehicle or property; and
      4. the general area where the Accident occurred, including any road or traffic signs;
   4. obtain the names, addresses and phone numbers of all witnesses;
   5. not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
   6. forward all third party correspondence or court documents to Us within 7 days of receipt; and
   7. co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer’s office or any Court hearing.

10 Consequences of a Major Breach of the Rental Contract

1. If You or any Authorised Driver:
   1. commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or
      Third Party Loss; or
   2. drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, including the Road Traffic Act 1974 (WA) has occurred, You and any Authorised Driver:
      1. have no Damage Cover;
      2. are liable for all Damage, theft of the Vehicle and Third Party Loss; and
      3. are liable for and must pay any additional costs or expenses We incur as a direct consequence thereof.
   3. Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of clause 10.1 has occurred.

11 Privacy Policy

1. Our Privacy Policy forms part of the Rental Contract and can be viewed at www.rentwa.net.au/privacy-policy
2. By entering into the Rental Contract with Us You represent to Us that You have read and understood Our Privacy Policy.
3. You consent to Us collecting, using and disclosing Your Personal Information in accordance with the Privacy Policy.
4. We may fit a GPS Device to the Vehicle to enable Us to track the Vehicle while it is out of Our possession. When you sign these Terms and Conditions You authorise Us to use the GPS Device to track the Vehicle until it is returned to Us.

12 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 and You should familiarise Yourself with them. Accident means an unintended and unforeseen incident, including:

1. 1. a collision between the Vehicle and another vehicle or object, including animals and roadside
      infrastructure;
   2. rollovers; or
   3. a weather event, including hail Damage,
      that results in Damage or Third Party Loss.

Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
Bond means the amount shown on the Rental Agreement 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:

1. 1. any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
   2. towing and salvage costs; and
   3. assessing fees, and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Vehicle has been stolen.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.
GPS Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach means a breach of any of clauses, 2.1, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3, 3.4, 3.5(c), 4.1, 4.2, 4.3, 5.8, 5.9, or 5.10 that causes Damage, theft of the Vehicle or Third Party Loss.

Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Overhead Damage means:

1. 1. Damage at or above the level of the top of the front windscreen of the Vehicle;
   2. Damage to any part of the pantech or box section of the Vehicle; or
   3. Third Party Loss,
      caused by:
      1. 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;
      2. use of the Vehicle so that its height exceeds that permitted by law, by-law, regulation or advisory sign in the area of use;
      3. objects being placed on the roof of the Vehicle; or
      4. 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 taxes or levies which are all fully set out in the Rental Agreement.

Rental Location means the location from which the Vehicle was rented, as shown on 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.

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit.

We, Us, Our, means Rent WA Pty Ltd ABN 87 115 901 409.

You, Your means the person(s), whether it is an individual, a firm or company, corporation or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement and includes joint hirers.