Agreement

 

TERMS & CONDITIONS OF USE

1.          Definitions

Additional Charges: means 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: means the Agreement and Authority to Act, Terms & Conditions of Use and Rental Agreement.

Authorised Driver: means you and any person named in the Rental Agreement as an Authorised Driver.

BAS: means Business Activity Statement lodged when registered for GST.

GST: means 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: means any amount or charge set out in the Rental Agreement.

Hire Period: means the period commencing and finishing at the times and on the dates shown in the

Rental Agreement. Personal Information: means information or an opinion about an identified, or reasonably identifiable, individual. Such information may be sensitive information, such as health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record. Rental Agreement: means the document accompanying these terms entitled ‘Rental Agreement.

Sealed Surface: means a road, driveway or parking station sealed with a hard material such as tar, bitumen or concrete.

Serious Breach: means a breach of any of subclauses 4.1, 4.2, 4.3, 4.5, 4.6, 4.8, 5.1, 6.1, 6.2, or 6.4 that causes damage to the Vehicle, its theft, or loss by a third party.

Vehicle: means the Rental Vehicle described in the Rental Agreement and includes its parts, components and accessories.

We or us or our or R2D: means Right2Drive Pty Ltd ACN 159 590 986. You or your: means the Hirer identified in the Rental Agreement.

 

2.         Replacement Vehicle (Credit Hire) Information

2.1 You agree to provide to R2D all documentation required for R2D to claim the Hire Charges on your behalf, including the registration and insurance papers relating to your damaged vehicle, your driver’s licence and the driver’s licence of the person driving your vehicle at the time of the collision.

2.2 Upon receipt of notification that the repairs to your vehicle are complete or of a total loss settlement you must contact R2D immediately to arrange the location, time and date for us to collect the Vehicle. If you do not notify us immediately you may be liable for the Hire Charges for any day or days after the repairs to your vehicle were completed or after you received notification of a total loss settlement.

2.3         In the event your vehicle is a total loss you agree to provide us with a copy of any settlement notice or letter received immediately.

2.4         You agree to notify R2D if your damaged vehicle is moved from one location or repairer to another location or repairer.

2.5         You acknowledge that R2D is an independent company and does not represent any insurer or repairer.

2.6         You acknowledge that R2D does not organise or coordinate nor is it liable or responsible for the repair, storage, movement or disposal of your damaged vehicle. This is the sole responsibility of the owner of the damaged vehicle.

2.7         If your vehicle is registered for business use or you are registered for GST and may claim an Input Tax Credit for the GST component of the Hire Charges, then you are liable for and must pay the GST component of the Hire Charges to R2D. You may be able to claim it in your BAS.

2.8         You agree to notify us of any pending insurer settlement and to contact R2D prior to signing any release or Deed of Release.

2.9         The Hire Period may be limited where your vehicle is 10 years old or an older Mature Age Vehicle (MAV) when damaged and you should ask us for further information.

2.10       You agree to provide (and to procure that the driver of your vehicle provides) all reasonable assistance to us in recovering the Hire Charges, including assisting our lawyers and if necessary, attending an adjudication or court hearing.

3.          Rental Vehicle Driver Eligibility

3.1         Only an Authorised Driver may drive the Vehicle.

3.2         You declare and warrant that you and each other Authorised Driver:

(a)          is no less than 16 years of age and You acknowledge that a young driver surcharge applies for specific vehicles and drivers under the age of 25;

(b)          holds a valid and current Driver, Learner (L), Probationary or Provisional (P1 or P2) licence for the class of Vehicle being hired under this agreement. A driver with a Learner, Probationary or Provisional Licence may only drive the Vehicle with our prior approval and You acknowledge that a surcharge applies in respect of such drivers;

(c)           has not had insurance declined, an insurance policy cancelled or had special conditions applied by any insurance company in the last 5 years;

(d)          has not had insurance declined, an insurance policy cancelled or had special conditions applied by any insurance company in the last 5 years; and

 

(e) does not suffer from any physical or mental condition or impairment that may interfere with the ability to control and drive the Vehicle.

  • You agree to provide to R2D the driver’s licence of each Authorised Driver on request.
  • You agree to notify R2D immediately if the licence of any Authorised Driver is suspended or revoked during the Hire Period for any reason.

4.          Vehicle Use

4.1         The Vehicle may only be used for what it was designed for and must not be driven on any un-sealed or unmade roads.

4.2         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 snowcovered 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.

4.3         You must not use the Vehicle:

(a)          for an illegal purpose;

(b)          to carry dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(c)           in a race or contest;

(d)          for towing, unless the Vehicle is fitted with an approved tow bar;

(e)          when it is damaged or unsafe;

(f)           for any purpose, other than catered for by its design and or as prescribed in the Vehicle manual; or

(g)          to carry a greater load than that for which it was built and or as prescribed in its manual.

4.4         You must not use the Vehicle:

(a)          to carry animals, except assistance animals; or

(b)          to carry more persons than may be properly accommodated by the seat belt restraints.

4.5         You must not:

(a)          sublet or re-hire the Vehicle to any third party;

(b)          damage the Vehicle deliberately or recklessly; or

(c)           modify the Vehicle in any way.

4.6         You must drive 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.

4.7         You must not smoke or allow smoking at any time in the Vehicle.

  • You must notify us if you intend to use the Vehicle interstate.

5.          Maintenance, Security and Safety

5.1         You must:

(a)          maintain the Vehicle in the condition in which it was received and keep it secure at all times;

(b)          keep the Vehicle locked and the keys under your personal control when not in use;

(c)           take reasonable care of the Vehicle and do all things necessary to keep and maintain the Vehicle in its state and condition as at the commencement of the Hire Period, fair wear and tear excepted;

(d)          if the Hire Period exceeds 28 days, maintain all of the Vehicle’s engine oils, brake fluids and engine coolant levels to the manufacturer’s specifications as prescribed in the Vehicle manual; and

(e)          immediately report to R2D any functional, maintenance and or servicing issues the Vehicle of which you have become aware.

5.2         You must:

(a)          ensure that the tyre pressures are maintained at the manufacturer’s recommended pressure as prescribed in the Vehicle manual;

(b)          comply with any applicable seat belt and child restraint laws; and

(c)           return the Vehicle to us in a clean and tidy state.

 

6.          Accident Damage, Breakdown and Repair

6.1         You must notify R2D immediately:

(a)          of any mechanical or structural fault on the Vehicle, including, tyres, fluids, belts, hoses and lights; or

(b)          if the Vehicle is involved in a collision, it is damaged in any way, or if it breaks down.

6.2         You must not:

(a)          arrange to have the Vehicle moved unless we have authorised you to do so; or

(b)          arrange or undertake any repair or salvage of the Vehicle without our authority unless necessary to prevent further damage.

6.3         We will not reimburse you for the cost of repair, Vehicle moving, salvage, towing or transport costs unless we have specifically authorised such action and expenditure and you must be able to produce such receipts and other information or documents as we may require.

6.4         In the event of a collision in which the Vehicle is damaged, if the other party leaves the accident scene without exchanging names and addresses or appears to be affected by alcohol or drugs, you must also immediately report the accident and damage to the police.

6.5         In the event of a breakdown, a 24 hour breakdown assist contact number is located inside the Vehicle at the top of its windscreen on the driver’s side. In the case of an emergency and our consent cannot reasonably be obtained, repairs may be completed.

 

7.          Vehicle Return

7.1         A Vehicle inspection will be carried out at the end of the Hire Period. You are responsible for any new damage to the Vehicle identified upon inspection.

7.2         At the end of the Hire Period you must return the Vehicle to the pre-arranged return location, and no later than the pre-arranged date and time.

7.3         On return, the Vehicle must be clean and tidy and in the same condition it was in on commencement of the Hire Period, fair wear and tear excepted.

7.4         If you do not return the Vehicle to us in accordance with clauses 7.2 and 7.3 you must pay us charges in respect of:

(a)          each day or part thereof until the Vehicle is returned and at the rate set out in the Rental Agreement;

(b)          any relocation or repossession expenses we incur to recover the Vehicle; and

(c)           a cleaning charge.

7.5         We may require the immediate return of, or repossess, the Vehicle without notice at any time if we reasonably believe you have committed a Serious Breach of the Agreement. If you have committed a Serious Breach, you must pay the cost of any repossession, outstanding Hire Charges, Additional Charges or other reasonable charges.

7.6         If the Vehicle is damaged or breaks down during the Hire Period, we may, at our discretion, replace the Vehicle provided the breakdown is not caused by you, your Serious Breach of the Agreement or misuse of the Vehicle. You will not have to pay Hire Charges while the Vehicle is being repaired or replaced.

7.7         You must return the Vehicle with all of its original components and accessories. You are liable for the replacement cost of any missing components including, but not limited to, any SD card, Vehicle key, tools including any Vehicle jacking equipment, spare tyres, telematics, roof racks and baby seats.

 

8.          Fuel

8.1         You agree to return the Vehicle with the same amount of fuel as indicated on the Rental Agreement at the commencement of the Hire Period.

8.2         Should you fail to do so you agree to pay us for the fuel required to return the fuel level to the original fuel level and any refuelling surcharge.

8.3         You must only use fuel prescribed for the Vehicle in the Vehicle manual.

8.4         You agree to pay all costs of any resulting loss or damage to the Vehicle resulting from the use of incorrect fuel grade or type.

 

9.         Your Liability for Loss and Damage

9.1         In the event of Vehicle loss or damage you will be liable for the lesser of the cost of the loss or damage or an excess of $3,500. Your liability under this clause

9.1         may be reduced to zero upon incurring the daily excess reduction fee.

9.2         Notwithstanding clause 9.1 you are liable for:

(a)          the loss of, and all damage to, the Vehicle including the cost of repair to the Vehicle, and its replacement cost as a result of it being written off following an accident or not recovered as a result of its theft;

(b)          the loss of or damage to any other property belonging to us, you or a third party;

(c)           investigation, appraisal and assessment fees;

(d)          the cost of towing, recovering and storing the Vehicle; and

(e)          all damage to your property or the property of any person which is caused or contributed to by you or which arises from the use of the Vehicle whilst in your care under the Agreement, when:

(i)            any Authorised Driver acts dishonestly or fraudulently;

(ii)           the loss or damage resulted from deliberate, dangerous or reckless conduct;

(iii)          third party property was caused or contributed to by a Serious Breach of the Agreement;

(iv)          any Authorised Driver leaves the scene of an accident before exchanging details with all involved parties;

(v)           any Authorised Driver fails to report an accident to the police or us immediately;

(vi)          any matter, risk or loss is excluded from cover under any current motor vehicle insurance policy you hold;

(vii)         the Vehicle has been involved in two or more incidents resulting in loss or damage;

(viii)        the driver is under the influence of drugs or with a blood alcohol content that exceeds the legal limit in the state, territory or country in which the Vehicle is driven;

(ix)          before entering the Agreement, you failed to answer all questions truthfully, accurately and completely, or tell us any information that you knew or should reasonably have known, that would be relevant to our decision to hire a Vehicle to you;

(x)           theft or attempted theft occurs when the ignition keys were left in the car, or near the car whilst it was unattended by you;

(xi)          there is any tyre, windscreen, headlight, roof or underbody damage; or

(xii)         there is any water damage caused by the immersion of the Vehicle

9.3         If you lock the keys in the car or misplace or lose the keys or other part or accessory to the Vehicle you must reimburse us the cost of recovering or replacing and or recoding them.

9.4         Where your liability is reduced by us under clause 9.1 you must pay the hirer loss contribution specified in the Rental Agreement for such loss or damage.

9.5         You are liable for costs incurred for excess km’s over the allowed 100km per day average limit at $0.20/km, calculated over the Hire Period.

 

10.        Tolls, Traffic and Parking Fines and Infringements

10.1       Tolls vary dependent on the road used and the length of the journey. If the Vehicle travels through a toll collection point you are liable for, and we will charge you, the applicable amount together with an administration fee to cover our cost.

10.2       Your credit card will be charged for any tolls incurred and any applicable administration fees. If R2D cannot charge the credit card, we will attempt to contact you to request payment of the applicable amount. The charge may be delayed depending on when the notification is received by us from the toll road operator.

10.3       Traffic and parking fines and infringements are processed through applicable local, state and national notifying authorities.

10.4       You are responsible for all traffic and parking fines and infringements for the duration of the Hire Period. If R2D is notified of a fine or an infringement during or after the Hire Period, R2D will provide necessary details to the notifying authority to nominate you as the driver liable for the infringement. R2D may charge an administration fee to cover its costs in providing these details.

10.5       You agree that you may be liable for all costs and fees if any of the information that you have provided is false.

 

11.        Our Liability

11.1       You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Agreement excludes, restricts or modifies any implied terms, guarantees or rights you may have under those laws or any other Federal, State or Territory legislation.

11.2       You release and indemnify us against any claim for loss or damage to any property stolen from the Vehicle or otherwise lost or damaged during the Hire Period or left in the Vehicle after its return to us.

 

12.        Claims and Proceedings

12.1       Where the use of the Vehicle by you or any person while in your care results in an accident, claim or dispute, or where damage or loss is sustained to the Vehicle or any third-party property or if the Vehicle is stolen, you must:

(a)          accurately complete any forms and statements or provide any information or assistance we require of you;

(b)          not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability to any person;

(c)           permit and equip us or our insurers to bring, defend, enforce or settle any claim or legal proceedings against a third party;

(d)          permit and equip us to claim in your name under any applicable insurance or against any third party; and

(e)          forward to us any claims or correspondence from any third party forthwith upon receipt.

 

13.        Payment of Charges

13.1       Within 30 days of the end of the Hire Period you must pay us:

(a)          any amount payable by you under the Rental Agreement if applicable;

(b)          any amount paid or payable by us arising out of your use of the Vehicle including any fuel, toll or traffic or parking fine or infringement, cleaning, excess or damage;

(c)           any amount for which you are liable to us for any Serious Breach of this Agreement; and

(d)          any failure to make timely payment in full will attract interest on any overdue amounts at the rate of 10% per annum.

13.2       payable by you to us under the Agreement to your credit card or charge account including

charges for any extension of the Hire Period, or any Additional Charges.

13.3       We will take reasonable steps to notify you of any Additional Charges (including without limitation, charges for unpaid traffic or parking infringements, tolls, costs of repairs and cleaning, etc.) before this amount is debited to your card. Such Additional Charges will be levied no later than 30 days after the end of the Hire Period, or no more than 30 days after we receive notice of those charges, whichever is the later.

 

14.        Serious Breach of These Terms and Conditions of Use

14.1       We may terminate the Agreement at any time and take immediate possession of the Vehicle if you commit a Serious Breach of these Terms and Conditions of Use.

14.2       In the event we terminate the Agreement because of Your Serious Breach, you must pay:

(a)          all costs to replace or rectify the Vehicle to its original condition; and

(b)          all reasonable costs for towing, storage and recovery of the Vehicle.

14.3       You will be entitled to terminate the Agreement if we breach its terms.

 

15.        Applicable Law

15.1       The Agreement is governed by the laws of the state or territory within Australia in which the Vehicle was hired.

You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between you and us.

 

16.        Dispute Resolution

16.1       If you wish to dispute a charge or otherwise make a claim against us you agree to first notify us in writing of the nature of the dispute or claim and provide us with such particulars and evidence as we require.

16.2       You agree to meet with us to discuss and negotiate your dispute or claim in good faith, within twenty (20) working days of your complaint or claim.

 

17.        Privacy Statement and Consent

17.1       Purposes for Collecting Personal Information

(a)          R2D may collect your Personal Information for the purposes set out in this clause 17.

(b)          We collect your Personal Information in order to provide you with our accident replacement vehicle services in connection with the Agreement.

(c)           We may collect your Personal Information in connection with the Agreement for the following purposes:

(i)            to assess and process your application for an accident replacement vehicle;

(ii)           to facilitate claims on your behalf for the costs of our services with your insurer, the at fault party and or the insurer of the at fault party;

(iii)          to execute instructions;

(iv)          to manage our relationship with you (whether online or in person);

(v)           to comply with legislative or regulatory requirements;

(vi)          to identify you; and

(vii)         for any internal processes including claims assessments, product development, strategic planning, risk management and pricing.

(d)          We may also collect your Personal Information (unless you tell us not to) to contact you to discuss other products and services that could be of interest to you or the company you represent.

(e)          You acknowledge that if you do not provide us with your Personal Information, we may be unable to provide you with our services, or deal with any insurer on your behalf.

(f)           You acknowledge that we may install telematics devices or similar into the Vehicle that may track the location of the Vehicle and you consent to such installation and tracking.

 

17.2       Providing Information About Another Person

When you give us Personal Information about another person you:

(a)          represent that you are authorised to do so; and

(b)          agree to inform the person that we have collected their Personal Information as part of this Agreement and of the contents of this clause 17.

17.3       Persons With Whom Personal Information is Disclosed

(a)          We may disclose the Agreement or your Personal Information with any relevant insurer(s) in order to facilitate a claim on your behalf for the costs associated with hiring an accident replacement vehicle from us.

(b)          We may also disclose your Personal Information to:

(i)            our related bodies corporate, agents, contractors, service providers or external advisers;

(ii)           any other persons related to the accident (including the police);

(iii)          insurers, reinsurers, loss adjusters, assessors and underwriters;

(iv)          any organisation responsible for the processing of traffic or parking related infringements or road tolls, to the extent that these fees apply to the Vehicle;

(v)           investigators;

(vi)          any person we consider necessary to execute your instructions;

(vii)         any person who is considering whether to acquire or who has acquired any part of our business, or the rights or obligations under the Agreement;

(viii)        law enforcement, regulatory and government bodies as permitted or required by law in, Australia or overseas; and

(ix)          overseas recipients who provide services and products to us and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time, but your Personal Information may be transmitted between Australia and New Zealand, and it is likely that other such countries will include the United Kingdom, the Philippines, the United States, Japan, Singapore and Hong Kong.

(c)           Our related bodies corporate, agents, contractors, service providers or external advisers may contact you to discuss other products and services that could be of interest to you or the company you represent.

(d)          You acknowledge that if you consent to disclosure of Personal Information to overseas recipients in clause 17.3(b)(ix), we will not be accountable under the Privacy Act 1988 (Cth) for any misuse, interference or loss or unauthorised access, modification or disclosure of the Personal Information by that overseas recipient.

17.4       Your Rights

(a)          You have the right to:

(i)            request access and corrections to your Personal Information that we hold; and

(ii)           make a complaint about the way in which we manage your Personal Information.

(b)          Our Privacy Policy sets out how to make an access request or complaint, and how such requests or complaints are handled. Our Privacy Policy can be found at right2drive.com.au or can be requested in hard copy.

(c)           To gain access to, seek correction of, or to complain about the handling of the Personal Information that we hold about you contact our Privacy Officer at:

Privacy Officer, Movigo Group 201/360 Elizabeth Street Melbourne, VIC 3000, Australia

or by email to: privacy.officer@movigo.com.au

 

18.        Waiver

18.1       A right or entitlement under the Agreement can only be waived expressly in writing.

 

19.       Vehicle Wear and Tear

19.1       It is normal procedure for R2D vehicles to be handed over to hirers in a roadworthy condition, washed and vacuumed.

19.2       Prior to handing over the Vehicle, our staff will conduct a Vehicle inspection with you and prepare a Rental Agreement noting the fuel level, km’s and any previous damage to the Vehicle. Hirers are required to take note of the Vehicle condition, identify any existing damage and sign the Rental Agreement.

19.3       You must notify the R2D staff member of any new damage not noted on the Vehicle prior to driving the Vehicle away. If any new damage is found on the Vehicle, you must make sure it is noted in the Vehicle damage area. If any new damage is found upon Vehicle return and which is not noted on the Rental Agreement, the cost of repairs will be passed on to you.

19.4       To avoid associated Additional Charges, we encourage you to keep the hire Vehicle in good condition. Please refer the following table for acceptable and unacceptable wear and tear and if you have any questions regarding R2D vehicle use, call us on 1300 100 121.

Item

Acceptable

Unacceptable

Body Damage

Authorised professional repairs.

Obvious evidence of colour mismatch or misalignment between panels. Missing or damaged mouldings and panels.

Dents

Minor dents (up to 10mm) that do not affect the panels’ structural integrity.

Multiple dents or scrapes on a single panel. Buckling or distortion of the panels.

Paintwork

Minor chipping or scratches Major abrasions. Colour mismatch between less than 2cm, relative to the vehicle’s age and kilometres travelled, provided it has not penetrated to the base metal or corroded.

Major abrasions. Colour mismatch
between panels. Loss of gloss and colour disproportionate to the vehicle’s age. Damage due to stickers/decals.

Glass/Lenses

Light scratches and minor chipping around windscreen periphery. Minor scuff marks or scratches.

Cracks or damages within the wiper arches. Holes or cracks in the windscreens/windows glass or light covers.

Interior

Slightly soiled upholstery, scuffed
floor mats, trim and kick panels. Professional repairs.

Torn, cut, burnt, or permanently stained upholstery. Bent trim
panels. Bad odours. Damage caused by the fitting or removal of communication equipment.

Tyres, Run Flats/Rims

Normal wear and punctures.

Punctures and or tread wear, due to malicious intent, any split, torn, mismatched, re- treaded or disfigured tyres.

 

AGREEMENT AND AUTHORITY TO ACT

This Agreement and Authority to Act between the Owner and Right2Drive Pty Ltd ABN: 131 595 909 86 (“R2D”) is not regulated by the Consumer Credit Code, being an exempt agreement. It deals with the Owner’s obligations with respect to the hire vehicle issued as a result of a road traffic incident. The Owner should read it, and all accompanying documentation, carefully before signing.

 

Definitions:

Additional Charges: The amounts payable for GST where the Owner 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

Agreed Rate: An interest rate equivalent to the RBA cash rate plus 4%

Agreement: This Agreement and Authority to Act, the Terms & Conditions of Use and the Rental Agreement

Credit Period: The period of 90 days from the date of issuance of R2D’s Tax Invoice

Damaged Vehicle: The Owner’s vehicle, rendered unroadworthy as a result of an accident which the Owner alleges was the fault of a third party

Hire Charges: The amounts payable pursuant to the Rental Agreement which specifies the contract rates for provision of the hire vehicle excluding the Additional Charges

Hire Period: Either:

  1. in the event that the Damaged Vehicle is deemed by the TP to be repairable, the repair period, or
  2. in the event that the Damaged Vehicle is deemed by the TP to be a write-off, until the vehicle can be replaced, or
  3. such other period as may be determined, subject to a maximum duration of 90 days

Owner: The Owner or registered operator of the not at-fault Damaged Vehicle and referred to herein as the "hirer"

RA: The Rental Agreement accompanying this Agreement

RBA: Reserve Bank of Australia

Recovery Costs: The costs and expenses incurred by R2D in respect of any action taken to recover the Hire Charges from the TP

Third Party: The other party involved in the accident rendering the Damaged Vehicle unroadworthy, who the Owner alleges was the at-fault party

TP: The third party and/or the third party’s insurer

Vehicle: The vehicle provided to the Owner by R2D pursuant to the Agreement

We or us or our or R2D: Means Right2Drive Pty Ltd

 

Terms and Conditions

The hirer has requested, and R2D has agreed, that R2D will provide the Vehicle to the hirer under the terms of the Agreement.

The hirer has a need for a replacement vehicle. R2D will make the Vehicle available to the hirer for the Hire Period. On expiry of the Hire Period the hirer will be obliged to return the Vehicle to R2D forthwith.

R2D agrees to provide the Vehicle to the hirer for the Hire Period as shown on R2D’s Tax Invoice at the contract rate set out in the RA, on credit for the Credit Period.

R2D will use its best endeavours during the Credit Period to recover the Hire Charges from the TP.  On condition that the hirer fulfils their obligations under the Agreement and Authority to Act, the hirer will be released from liability for the Hire Charges except for the Additional Charges as defined for which the hirer shall remain liable.

The hirer authorises R2D, its nominated agents, representatives and solicitors to bank relevant cheques made payable to the hirer into their or R2D’s nominated Trust Account. The hirer irrevocably appoints R2D (and/or its nominated Debt Recovery Agent) as the hirer’s agent, representative and attorney, to recover the Hire Charges by whatever means including, in R2D’s absolute discretion, the commencement and carrying-on of legal proceedings in the name of the hirer. R2D may retain and apply all such recovered Hire Charges and recovery costs (in whole or in part) to the Hire Charges and Recovery Costs. The hirer understands and accepts that R2D shall appoint and give instructions on behalf of the hirer to legal advisers in respect of the recovery process.

The hirer warrants to R2D that he or she has not relied on any promise, representation, inducement or conduct material to the entry by the hirer into the Agreement or the RA other than as expressly set out in the Agreement with respect to any aspect of the hire, the Hire Charges or recovery process, and is aware that R2D is relying on this warranty in agreeing to provide a hire car to the hirer on credit and in agreeing to the obligations in the Agreement and in committing to the recovery process.

As at the date of the Agreement, the Hire Charges are estimated because the hirer is unable to advise the duration of the repairs to or the replacement of the Damaged Vehicle. The final Hire Charges will not be known until expiry of the Hire Period.

If you are registered for GST and may claim an Input Tax Credit for the GST component of the Hire Charges then you must pay the GST to R2D and then claim it back in your next BAS.

The hirer acknowledges that where a person has referred or recommended them to R2D, that person may receive a financial or non-financial benefit from R2D.

 

Obligations & Termination

The hirer is obliged to do the following:    

  1. The hirer must act in the best interests of R2D;
  2. The hirer must not delay or hold up the timely recovery of the Hire Charges from the TP;
  3. The hirer must promptly provide all documents reasonably required by the TP;
  4. The hirer must be open and frank with R2D in anyway;
  5. The hirer must not breach any of the terms of the Agreement;
  6. The hirer must not release or purport to release, by signing a form of release or otherwise, the TP from any of the hirer’s rights in respect to the accident;
  7. The hirer must provide all reasonable assistance to R2D in respect to the implementation and conduct of the recovery process which the hirer acknowledges may require the hirer to provide statements, documents, and appear in court as a witness; and
  8. The hirer must promptly inform R2D when the repairs to the Damaged Vehicle are complete or when the hirer has received notice of a total loss settlement.

 

If in the reasonable opinion of R2D the hirer is in breach of any of these obligations, R2D may at any time terminate the Agreement.

R2D may also terminate the Agreement at any time if R2D is of the reasonable opinion that:

   i. The hirer has made any admission of liability in respect to the accident; or
   j. The Hire Charges will not be fully recoverable from the TP.

If the Agreement is terminated for any of the reasons stated in points (a) to (g) or (i) above, then the Hire Charges, the Additional Charges and the Recovery Costs will become immediately due and payable, by the hirer, to R2D. If the Agreement is terminated for the reason stated in point (h), then the Hire Charges for any day or days after the repairs were completed or after the hirer received notification of a total loss settlement, the Additional Charges and the Recovery Costs will become immediately due and payable, by the hirer, to R2D. If the Agreement is terminated for the reason stated in point (j), only the Additional Charges will become immediately due and payable.

 

Privacy Statement and Consent

Right2Drive Pty Ltd (‘we’, ‘us’, ‘our’) collect your personal information for the purposes set out in this Privacy Statement and Consent.

Personal information is information or an opinion about an identified, or reasonably identifiable, individual. Personal information may be sensitive information, which includes health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record.

 

Providing information about another person

When you give us personal information about another person you represent that you are authorised to do so and agree to inform the person that we have collected their information as part of this application and of the contents of this Privacy Statement and Consent.

 

Purposes for collecting personal information

We collect your personal information in order to provide you with our accident replacement vehicle services.

We may install telematics devices or similar into the Vehicle that may track the location of the Vehicle and consent to such installation and tracking

We may also collect your personal information for the following purposes:

  • to assess and process your application for an accident replacement vehicle;
  • to facilitate claims on your behalf for the costs of our services with your insurer or the insurer of the at-fault party;
  • to execute instructions;
  • to manage our relationship with you (whether online or in person);
  • to comply with legislative or regulatory requirements;
  • to identify you;
  • for any internal processes including claims assessments, product development, strategic planning, risk management and pricing; and
  • (unless you tell us not to) contact you to discuss other products that may be of interest to you or the company you represent.

If you do not provide us with your personal information, we may be unable to provide you with our services, or deal with any insurer on your behalf.

 

Persons with whom personal information is exchanged

We may exchange your personal information with any relevant insurer(s) in order to facilitate a claim on your behalf for the costs associated with hiring an accident replacement vehicle from us.

We may also disclose your personal information to:

  • our related bodies corporate, agents, contractors, service providers or external advisers;
  • any other persons related to the accident (including the police);
  • insurers, reinsurers, loss adjusters, assessors and underwriters;
  • any organisation responsible for the processing of traffic related infringements or road tolls, to the extent that these fees apply to a Vehicle you have rented from us;
  • investigators;
  • any person we consider necessary to execute your instructions;
  • any person who is considering whether to acquire or who has acquired any part of our business, or the rights or obligations under the contract that we have with you; and
  • law enforcement, regulatory and government bodies as permitted or required by law in New Zealand, Australia or overseas.

We may disclose your personal information to overseas recipients who provide services and products to us and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time, but your personal information may be transmitted between Australia and New Zealand, and it is likely that other such countries will include the United Kingdom, the Philippines, the United States, Japan, Singapore and Hong Kong.

 

Your rights

You have the right to request access and corrections to your personal information that we hold. You also have a right to make a complaint about the way in which we manage your personal information. Our Privacy Policy sets out how to make an access request or complaint, and how such requests or complaints are handled. Our Privacy Policy can be found at www.right2drive.com.au.

To gain access to, seek correction of, or to complain about the handling of the personal information that we hold about you contact our Privacy Officer at Privacy Officer, Movigo Group, 409 King Georges Road, Beverly Hills NSW 2209, Australia or by email to privacyofficer@movigo.com.au.

You have a right to request our Privacy Policy in hard copy.