This Rental Agreement is entered into between Green Ride Rentals and the Hirer. By accepting this agreement, the Hirer agrees to all terms, responsibilities, liabilities and vehicle usage conditions mentioned below.
IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration the Parties acknowledge, the Lessee is hiring the Property from the Lessor on the following terms:
Accident: The accident identified in the Details.
Additional Charges: The amounts payable for GST where the Hirer may claim an input tax credit for GST, tolls, traffic or parking infringement charges, fuel, cleaning, administration fees, excess, damage or any other amount for which the Hirer is liable for breach of the Agreement.
Agreement: The Agreement and Authority to Act, the Terms & Conditions of Use and the Rental Form.
Agreement and Authority to Act: The signed agreement and authority to act between Green Ride Rentals and the Hirer accompanying the Terms & Conditions of Use.
Authorised Drivers: The Hirer and any additional driver(s) identified in the Rental Form or notified to Green Ride Rentals after the hire has commenced, noting that Green Ride Rentals must hold a valid copy of the driver’s licence for a driver to be considered an Authorised Driver.
BAS: Business Activity Statement lodged when registered for GST.
Credit Period: Unless otherwise agreed by Green Ride Rentals and the Hirer, the period of 7 days from the date of issuance of Green Ride Rentals tax invoice.
Damage Cover: The cover you and an Authorised Driver have for damage to the vehicle, its theft and any third-party loss, subject to payment of the excess and the exclusions in clause 11.2.
Damaged Vehicle: The damaged vehicle identified in the Details.
Details: The details set out at the beginning of the Agreement and Authority to Act.
GST: Goods and Services Tax or similar value added tax levied or imposed in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply.
Hire Charges: The rental and other charges identified in the Rental Form, excluding for the avoidance of doubt the Additional Charges.
Only an Authorized Driver may drive the Vehicle.
You declare and warrant that You and each other Authorized Driver:
4.3 You agree to provide Green Ride Rentals a copy of the driver’s license of each Authorized Driver before they drive the Vehicle.
4.4 You agree to notify Green Ride Rentals immediately if the license of any Authorized Driver is suspended, revoked or limited during the Hire Period for any reason, including pursuant to an order by a court, and You must also ensure that the Authorized Driver does not use the Vehicle.
5.1 Prior to handing over the Vehicle to You, Our staff will conduct an inspection of the Vehicle with You and prepare the Rental Form noting the fuel level, kilometres and any existing damage to the Vehicle. You are required to take note of the condition of the Vehicle, identify any existing damage and sign the Rental Form.
5.2 Green Ride Rentals Wear and Tear Guide sets out what we deem to be acceptable and unacceptable wear and tear.
6.1 The Vehicle may only be used for what it was designed for and must not be driven on any unsealed or unmade roads.
6.2 The Vehicle may only be driven on a Sealed Surface and in no circumstances on beaches or through streams, dams, rivers or flood waters, on ice or snow-covered or affected roads, on flood prone roads or on any roadway in respect of which the police or any other government authority has issued a warning or caution.
6.3 You must not use the Vehicle:
6.4 You must not:
6.5 You must drive the Vehicle in a safe manner and observe all road rules. You acknowledge that reports of unsafe driving may result in the hire being terminated and the Vehicle repossessed by Us.
6.6 You must not:
6.7 You must only use the Vehicle for the same or similar purpose(s) that You would normally use the Damaged Vehicle.
7.1 You must:
8.1 You must notify Green Ride Rentals as soon as practicable and in any event within 24 hours:
8.2 You must not arrange to have the Vehicle towed, transported, or undertake any repair of the Vehicle unless:
8.3 We will not reimburse repair, towing or transport costs unless You have complied with clause 8.2 and produced all receipts and required information.
9.1 An inspection of the Vehicle will be carried out by Our staff with You at the end of the Hire Period.
You are responsible for any new damage identified upon inspection. If You fail to return the Vehicle when requested, You will be liable for:
9.2 You must return the Vehicle with all original accessories and components.
You are liable for replacement costs of any missing items including:
10.1 You agree to return the Vehicle with the same fuel level as indicated on the Rental Form at the commencement of the Hire Period.
10.2 If You fail to do so, You agree to pay:
10.3 You must only use the fuel type prescribed for the Vehicle as identified in the Rental Form.
10.4 You agree to pay all costs, loss or damage caused by the use of incorrect fuel type or grade.
(a) In the event of loss of or damage to the Vehicle and subject to clause 11.2, You will be liable for:
(b) Your liability under this clause may be reduced to:
This reduction only applies where:
Notwithstanding clause 11.1, You have no Damage Cover and are liable for:
Damage Cover exclusions apply when:
If You lock, misplace or lose the keys or any accessory of the Vehicle, You must reimburse Us for replacement, recovery or recoding costs.
Personal items damaged or stolen during an accident or theft are not covered under this Agreement.
12.1 If the Vehicle passes through a toll collection point without a personal E-tag device fitted, You will be liable for:
These charges are considered Additional Charges and Hire Charges under this Agreement.
12.2 You are responsible for all:
If Green Ride Rentals receives notice of an infringement, We may provide Your details to the relevant authority to nominate You as the liable driver.
Green Ride Rentals may also charge an administration fee to recover processing costs.
13.1 You may have rights under the Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any rights or guarantees provided under Federal, State or Territory legislation.
13.2 You release and indemnify Us against any claim for:
If the Vehicle is involved in:
You must notify Green Ride Rentals as soon as practicable and within 24 hours.
You must also complete an Accident/Theft Report Form.
The report form must be submitted:
You must report the accident or theft to police if:
Following an Accident, You and the Authorized Driver must:
After an accident or theft, You must:
Your entitlement to Damage Cover may be reduced if delays in reporting or cooperation prejudice Our ability to investigate, recover losses or defend legal proceedings.
15.1 Within the Credit Period, You must pay Us:
Failure to make payment on time may result in interest charges at the applicable Interest Rate.
15.2 We may notify You of any Additional Charges, including:
You authorize Us to charge Your credit card, debit card or bank account for all Hire Charges and Additional Charges payable under this Agreement.
A Serious Breach occurs if You or any Authorized Driver breaches:
Where the breach results in:
If You or an Authorized Driver:
Then:
We may immediately terminate this Agreement if:
You may terminate this Agreement if We breach the Agreement and fail to remedy the breach within twenty (20) working days after receiving written notice from You.
If the Agreement is terminated:
17.1 If You wish to dispute a charge or make a claim against Us, You must first notify Us in writing with details of the dispute or claim and provide any evidence reasonably requested by Us.
17.2 You agree to discuss and negotiate the dispute in good faith with Us within ten (10) working days after providing notice of the dispute.
Green Ride Rentals may collect, use and disclose the Hirer’s Personal Information for purposes including:
If Personal Information is not provided, Green Ride Rentals may be unable to provide its services or manage insurance recovery claims.
Where the Hirer provides Personal Information about another person, the Hirer confirms that:
Green Ride Rentals may disclose the Hirer’s Personal Information to:
Personal Information may also be transferred to overseas recipients, including recipients located in:
The Hirer consents to the collection, use and disclosure of Personal Information as described in this Agreement.
The Hirer has the right to:
Green Ride Rentals Privacy Policy contains further details regarding access requests and complaints handling.
A right or entitlement under this Agreement can only be waived if the waiver is expressly provided in writing.
This Agreement is governed by the laws of the State or Territory within Australia where the Vehicle was hired.
The Hirer and Green Ride Rentals agree that courts within that State or Territory have non-exclusive jurisdiction to determine any dispute arising under this Agreement.
Between Green Ride Rentals (Email: info.greenriderentals@gmail.com, Address: 77 Latrobe Rd Morwell VIC 3840) and the Hirer identified above (“Hirer”).
The Accident resulted from the negligence of the Third Party.
The Hirer seeks to recover the costs of a replacement vehicle during the period the Damaged Vehicle was unavailable for use.
The Hirer acknowledges their entitlement to hire a replacement vehicle and expects reimbursement for replacement vehicle costs.
The Hirer authorizes Green Ride Rentals, its management services, debt recovery agents and legal representatives to recover those costs on the Hirer’s behalf.
The Hirer further authorizes all monies owed in relation to this vehicle hire to be paid directly to Green Ride Rentals.
Unless the context requires otherwise, capitalized words in this Agreement and Authority to Act have the same meaning as provided in Clause 1 of the Terms & Conditions of Use.
This Agreement is not regulated by the National Consumer Credit Protection Act 2009 (Cth), including the National Credit Code, or Chapter 7 of the Corporations Act 2001 (Cth).
The Agreement relates to the Hirer’s obligations concerning the replacement Vehicle provided after a road traffic incident.
The Hirer appoints Green Ride Rentals to recover Hire Charges from the Third Party in accordance with common law rights.
Green Ride Rentals does not provide insurance claims handling or settlement services.
The Hirer should carefully read this Agreement and all related documents before signing.
The Hirer agrees to cooperate with Green Ride Rentals and provide all reasonable assistance required to recover Hire Charges from the Third Party.
This includes cooperation by:
The Hirer must:
Upon successful recovery of the Hire Charges from the Third Party, the Hirer will be released from liability for Hire Charges, except for Additional Charges which remain payable by the Hirer.
The parties acknowledge that Hire Charges are estimated only until the Hire Period ends.
The Hirer authorizes Green Ride Rentals, its management services, debt recovery agents and legal representatives to:
The Hirer irrevocably appoints Green Ride Rentals, its management services, debt recovery agents and legal representatives as authorized agents to recover Hire Charges by any lawful means necessary.
The Hirer understands that Green Ride Rentals may refer the matter to legal representatives for recovery proceedings.
The Hirer agrees to provide reasonable assistance including:
Green Ride Rentals will indemnify the Hirer for legal costs and disbursements provided the Hirer:
The Hirer agrees to provide:
The Hirer must not provide:
The Hirer agrees to:
The Hirer must notify Green Ride Rentals:
Failure to return the Vehicle promptly may result in additional Hire Charges being payable by the Hirer.
Green Ride Rentals is an independent company and does not represent:
Green Ride Rentals is not responsible for repair, storage, movement or disposal of the Damaged Vehicle.
If the Damaged Vehicle is registered for business use or the Hirer is registered for GST, the Hirer:
The Hirer warrants to Green Ride Rentals that:
The Hirer warrants that:
The Hirer acknowledges that Green Ride Rentals relies upon the warranties given under this Agreement when:
By signing this Agreement, the Hirer and Green Ride Rentals confirm that they:
The Hirer acknowledges that the Vehicle may contain a telematics device for safety and security purposes.
Green Ride Rentals may activate the telematics device where reasonably necessary for:
