Terms and Conditions

1. Introduction :

1.1  When You rent a Vehicle from Us the contract (Hire Contract) You have with Us consists of two separate documents. They are:

1. the agreement (Commercial Hire Agreement) You have signed to rent the Vehicle from Us; and
2. these hire Terms and Conditions (Terms and Conditions-Commercial Rental for Ride Sharing Drivers)
3. The Vehicle can be used particularly to involved in a ride-sharing program only on the terms of this Hire Contract (“Commercial Use”) in connection with Your contribution in a ride-sharing platform and service for matching ride-sharing drivers with passengers that request rides through the ride- sharing application (a “Ride-Sharing Program”).

1.2  The date of the Hire Contract is the date shown in the Hire Agreement.

2. Who can drive the Vehicle?

2.1    Only You or an Authorised Driver can drive the Vehicle.

2.2.   It is a Major Breach of the Hire Contract if You or an Authorised Driver let anyone drive who is unauthorised driver, If there is a Major Breach of the Hire Contract there is no cover for You, the Authorised Driver or the unauthorised driver for any Damage, theft of the Vehicle or Third-Party Loss.

2.3.   We set a minimum and maximum age limit 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 Hire and it is shown in theCommercial Hire Agreement.

2.4   You and any Authorised Driver must also have a valid licence to drive the class of Vehicle which is issued in an Australian state or territory. Learner drivers, international licence and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

2.5.  You must hold current Driver Accreditation if you drive a commercial passenger vehicle anywhere in Victoria.You will also be required to provide your accreditation document to us

2.6.  The Vehicle must not be driven if Your licence or the licence of any Authorised Driver has been cancelled or suspended within 2 years of the date of the Hire Agreement.

2.7.  You must meet the driver qualification requirements for the Ride-Sharing Program You are a registered participant in the Ride-Sharing ProgramOver 50% of the kilometres driven over the Rental Term will be for Commercial Use

3. Prohibited use:

3.1.  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 any urine or oral fluid sample that exceeds the limit set by law;
2. recklessly or dangerously; or whilst the Vehicle is damaged or unsafe.

3.2.  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; or
2. use the Vehicle:
   1. for any illegal purpose;
   2. to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
   3. in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
   4. in an unsafe or un-roadworthy condition.

   3.3.  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.

3.4.  You and any Authorised Driver must not use the Vehicle to more than the number of passengers for which Vehicle is licensed.

4. Rental term and deposit:

4.1.  The Vehicle will be rented by Us to You for the period agreed between Us and You (“Rental Term”). The parties agree that the Rental Term will include an initial fixed term of 28 days (“Minimum Term”). You may terminate this Agreement at any time following the expiration of the Minimum Term by returning theVehicle with 7 days prior written notice to Us or by e-mail to shubhcarrentals@gmail.com

4.2.  If You wish to terminate this Agreement during the Minimum Term, you acknowledge and agree that You will remain responsible for all Rental Fees payable during the Minimum Term, You will remain responsible for all Rental Fees payable up to the date of termination. You may not exchange your Vehicle during the Minimum Term.

4.3.  At the expiration of the Rental Term we may, in its absolute discretion, offer to extend the Rental Term. Any such extension agreed to by You will be governed by the terms of this Agreement. You must pay a deposit at the commencement of the Rental Term (“Deposit”). The deposit will be returned after 2 business days of vehicle return just to make sure that it’s in the same condition.

4.4.  You acknowledge and agree that We may call on the Deposit at any time to recover any fees owed by You to Us under this Agreement or at law. Any unused portion of the Deposit will be returned to You at the end of the Rental Term.

5. Where the Vehicle can and cannot be used:

5.1   The Vehicle must never be driven:

1. on an Unsealed Road;
2. Off road; or
3. above the snow line between 1 May and 31 October.

5.2.  The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:

1. roads that are prone to flooding or are flooded;
2. beaches, streams, rivers, creeks, dams and floodwaters;
3. any road where the police or an authority has issued a warning;
4. any road that is closed; and
5. any road where it would be unsafe to drive the Vehicle.

5.3.  The Vehicle must never be driven or used:

1. outside a radius of 200 kilometres from the Melbourne GPO at 250 Elizabeth Street, Melbourne; or
2. onto any island that is off mainland Australia, including Phillip Island,

unless We have given Our prior written permission prior to the Start of the Hire and it is noted on the Hire Agreement.

6. Your obligations:

6.1.   At the Start of the Hire and before collecting the Vehicle, we will get your account details for the direct debit setup.

6.2 .  The Bond is fully refundable to You at the End of the Hire provided that:

1. all amounts due to Us under the Commercial Hire Contract have been paid;
2. the Vehicle has been returned to the Hire Location at the date and time set in the Commercial Hire Agreement;
3. there is no Damage or Third-Party Loss;
4. the exterior and interior of the Vehicle are clean;
5. the Vehicle has the same level of fuel tank as Picked up; and
6. there has not been a Major Breach of the Hire Contract, and We reserve the right to retain all or part of the Bond if there is a breach of any of these conditions.

6.3 .  We may also pre-authorise Your credit card for the anticipated Hire Charges.

6.4.  At the Start of the Hire You must inspect the Commercial Vehicle to make sure that any pre-existing damage is noted and shown in the Commercial Hire Agreement.

6.5 .  At the End of the Hire You must:

1. return the Vehicle in the same condition it was in at the Start of the Hire, fair wear and tear excepted;
2. pay the Hire Charges, including any adjustment for extra kilometres;
3. pay the Damage Excess if there is Damage or Third-Party Loss as a result of an Accident or the Vehicle is stolen;
4. pay any costs We incur, including extra cleaning costs, in reinstating the Vehicle to the same condition it was in at the Start of the Hire, fair wear and tear excepted;
5. pay for all Damage arising from a Major Breach of the Hire Contract;
6. pay for all Overhead Damage;
7. pay for all Underbody Damage; and
8. pay for any Damage caused by the immersion of the Vehicle in water.

6.6.  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. A nomination fee of $10/invoice will be charged for all the unpaid invoices

6.7 .  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.

6.8.  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

6.9 .  You and any Authorised Driver must take reasonable care of the Vehicle by:

1. preventing it from being damaged;
2. making sure that it is protected from the weather;
3. maintaining the engine and brake oils and coolant level and tyre pressures and if the Hire Period is seven days or more by checking these no less than on a weekly basis;
4. using the correct fuel type; and
5. making sure it is not overloaded.

6.10.  If the Vehicle develops a fault during the Hire Period:

1. You must inform Us immediately:
2. You must not drive the Vehicle unless We have authorised You to do so; and
3. You must not let anyone else repair or work on the Vehicle or tow or salvage of it without Our prior written authority to do so.

6.11 .  Where We have given You Our prior authority to repair, tow or salvage 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 their being no Major Breach of the Hire Contract.

7. Our obligations:

7.1.  We will provide You with a Vehicle that is of acceptable quality and in good working order.

7.2 .  It is a regulatory requirement that commercial vehicles and hire cars undergo an annual inspection to ensure they are roadworthy and provide a safe and comfortable experience for passengers.

7.3 .  It is a requirement commercial vehicle that provide booked commercial passenger vehicle service must be licensed as hire a car by the Taxi services commission (TSC)

7.4 .  If the Commercial Vehicle breaks down during the Rental Period because of Our negligence 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 Commercial Vehicle where one is available.

7.5 .  We are not responsible for any consequential loss You may suffer if the Vehicle breaks down unless this is because of Our negligence.

8. Damage cover:

8.1.  Damage Cover is included in the Hire Charges. The standard Damage Excess is $1,000 and an additional Damage Excess is payable if You or an Authorised Driver are 21 to 25 years'. Subject to these Terms and Conditions:

1. if You or any Authorised Driver has an Accident:
   1. in which the Vehicle suffers Damage; or
   2. there is Third Party Loss; or
2. if the Vehicle is stolen,

We will indemnify You and the Authorised Driver for the Damage, theft, or Third-Party Loss but You must pay an amount up to the Damage Excess for each Accident or theft claim unless We agree that You were not at fault and the other party’s insurance company accepts liability.

8.2 .  Our insurance cover does not cover You if:

1. You violate the Rules of Use or terms of this Agreement;
2. You left the Vehicle unlocked or the keys were not secure and under Your personal control;
3. There has been an impact with the underbody of the Vehicle that is not caused by a collision with another Vehicle

The interior of the Vehicle has been damaged;

1. regardless of cause when no other Vehicle is involved;
2. The tyres of the Vehicle have been damaged other than by normal wear and tear;
3. You use incorrect fuel, coolant or additive or You or any person using the Vehicle with Your consent intentionally damage the Vehicle
4. The Vehicle is used carry or tow a load or carry passengers greater than that for which Your Vehicle was constructed;
5. You or any person with Your consent use the Vehicle for a non-approved Commercial Use;