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:
1.2 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:
3.2. You and any Authorised Driver must not:
3.3. You and any Authorised Driver must not:
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:
5.2. The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
5.3. The Vehicle must never be driven or used:
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:
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:
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:
6.10. If the Vehicle develops a fault during the Hire Period:
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:
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:
The interior of the Vehicle has been damaged;
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