Terms & Conditions and Agreement
TERMS & CONDITIONS OF USE
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 R2D and the Hirer accompanying the Terms & Conditions of Use.
Authorised Drivers: The Hirer and any additional driver(s) identified in the Rental Form.
BAS: Business Activity Statement lodged when registered for GST.
Credit Period: Unless otherwise agreed by R2D and the Hirer, the period of 7 days from the date of issuance of R2D’s tax invoice.
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.
Hire Period: The period shown on R2D’s tax invoice, representing:
(a) in the event that the Damaged Vehicle is assessed to be repairable, during the assessment and the repair process;
(b) in the event that the Damaged Vehicle is deemed to be a write-off, the period until settlement funds are received; or
(c) such other period as may be determined.
Interest Rate: An interest rate of 10% per annum.
Person: Includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority.
Personal information: 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 Form: The rental form to be signed by R2D and the Hirer.
Sealed Surface: A road, driveway or parking station sealed with a hard material such as tar, bitumen or concrete.
Serious Breach: A breach of this Agreement by the Hirer that causes damage to the Vehicle, its theft, or loss by a third party.
Terms & Conditions of Use: These terms & conditions of use.
Third Party: The at-fault driver(s) who caused the Accident or their insurer (if applicable).
Vehicle: The hire vehicle to be identified in the Rental Form (including its parts, components and accessories), which is to be provided by R2D to the Hirer pursuant to the Agreement.
We, Us, Our or R2D: Right2Drive Pty Ltd ACN 159 590 986.
You, Your or Hirer: The hirer identified in the Details.
2.1 You have requested, and R2D has agreed, that R2D will provide the Vehicle to You under the terms of the Agreement.
2.2 R2D will make the Vehicle available to You for the Hire Period. On expiry of the Hire Period, You will be obliged to immediately return the Vehicle to R2D.
You acknowledge that where a person has referred or recommended You to R2D, that person may receive a financial or non-financial benefit from R2D.
4. Rental Vehicle Driver Eligibility
4.1 Only an Authorised Driver may drive the Vehicle.
4.2 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 (which is a Hire Charge); and
(b) holds a valid and current Australian Driver, Learner (L), Probationary or Provisional (P1 or P2) licence for the class of Vehicle being hired under the Agreement and a driver with a non-Australian, 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 (which is a Hire Charge).
4.3 You agree to provide to R2D a copy of the driver’s licence of each Authorised Driver before they drive the Vehicle.
4.4 You agree to notify R2D immediately if the licence of any Authorised 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 Authorised Driver does not use the Vehicle.
5. Vehicle Wear and Tear
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, km’s 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 R2D’s Wear and Tear Guide sets out what we deem to be acceptable and unacceptable wear and tear.
5.3 R2D’s Wear and Tear Guide can be found at www.right2drive.com.au/wearandtear or can be requested in hard copy.
6. Vehicle Use
6.1 The Vehicle may only be used for what it was designed for and must not be driven on any un-sealed or unmade roads.
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:
(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) to carry a greater load than that for which it was built;
(g) to carry animals, except assistance animals; or
(h) to carry more persons than may be properly accommodated by the seat belt restraints.
6.4 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.
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 smoke or allow smoking at any time in the Vehicle (including vaping and electronic cigarettes).
6.7 You must only use the Vehicle for the same or similar purpose(s) that You would normally use the Damaged Vehicle (without limiting Your other obligations under this clause 6).
7. Maintenance, Security and Safety
7.1 You must:
(a) keep the Vehicle locked and the keys under Your personal control when not in use;
(b) 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; and
(c) immediately report to R2D any functional, maintenance and or servicing issues in respect of the Vehicle that You have become aware of.
7.2 You acknowledge that for safety and security purposes the Vehicle may be fitted with a telematics device and that R2D will only activate the telematics device to locate the Vehicle where R2D is of the opinion reasonably held that it is in the interests of security and safety or the Vehicle is missing or stolen.
8. Accident Damage, Breakdown and Repair
8.1 You must notify R2D as soon as practicable and in any event within 24 hours:
(a) of any mechanical or structural fault on the Vehicle (including tyres, fluids, belts, hoses and lights) that You become aware of (including as indicated by any illuminated warning lights in the cabin of the Vehicle); or
(b) if the Vehicle is involved in a collision, it is damaged in any way, or if it breaks down.
8.2 In the event of a breakdown of the Vehicle, a 24 hour breakdown assist contact number is located inside the Vehicle at the top of its windscreen on the driver’s side.
8.3 You must not arrange to have the Vehicle towed or transported or arrange or undertake any repair of the Vehicle unless:
(a) it is through the breakdown assist contact number referred to in clause 8.2;
(b) We have authorised You to do so (and We will provide such authorisation if We consider it necessary to prevent further damage to the Vehicle, its theft, or loss by a third party); or
(c) in the case of an emergency and Our consent cannot reasonably be obtained.
8.4 We will not reimburse You for the cost of repair, towing or transport costs unless You have complied with clause 8.3 and You have produced all receipts and information as We may require.
8.5 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.
9. Vehicle Return
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 to the Vehicle identified upon inspection. If You do not make the Vehicle available to Us for collection upon request, You will be liable for the additional Hire Charges incurred each day until the Vehicle is returned, and any relocation and repossession expenses We incur to recover the Vehicle.
9.2 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 head rest, SD card, vehicle key, log books, tools (including any Vehicle jacking equipment), spare tyres, telematics, roof racks and baby seats.
10.1 You agree to return the Vehicle with the same amount of fuel as indicated on the Rental Form at the commencement of the Hire Period.
10.2 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.
10.3 You must only use fuel prescribed for the Vehicle as identified in the Rental Form.
10.4 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.
11. Your Liability for Loss and Damage
11.1 In the event of loss of or damage to the Vehicle and subject to clause 11.2, You will be liable for the lesser of the cost of the loss or damage or an excess of $1,000. Your liability under this clause will be reduced to $0 (if the Vehicle was not hired for rideshare purposes) or $2,500 (if the Vehicle was hired for rideshare purposes, whether or not it was being used for rideshare at the time) upon incurring the daily excess reduction fee (which is a Hire Charge) and provided that:
(a) the accident is reported to Us strictly within 24 hours of occurrence;
(b) clear, accurate and complete accident details (including description, date and time of accident, location of accident and details of any other parties involved if applicable) are provided to Us within 24 hours of occurrence; and
(c) the driver of the Vehicle at the time was fully and properly licenced and an Authorised Driver (and You have provided a copy of their driver’s licence to Us); and
(d) the loss of or damage to the Vehicle was not malicious or incurred as a direct breach of the Agreement.
11.2 Notwithstanding clause 11.1, You are liable for:
(a) the loss of, and all damage to, the Vehicle (including the cost of repair to the Vehicle) and (if applicable) 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,
(i) any Authorised Driver acts dishonestly or fraudulently;
(ii) the loss or damage resulted from deliberate, dangerous or reckless conduct by any Authorised Driver;
(iii) the loss or damage to the Vehicle or to third party property was caused or contributed to by a Serious Breach;
(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 of the Vehicle at the time was not an Authorised Driver;
(ix) the driver of the Vehicle at the time was under the influence of drugs or had a blood alcohol content that exceeded the legal limit in the state, territory or country in which the Vehicle was driven;
(x) before entering the Agreement, You failed to answer all Our 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;
(xi) the theft or attempted theft of the Vehicle occurred when the keys were left in or near the Vehicle whilst it was unattended by You;
(xii) there is any tyre, windscreen, headlight, roof or underbody damage; or
(xiii) there is any water damage caused by the immersion of the Vehicle.
11.3 If You lock the keys in the Vehicle or misplace or lose the keys or other part of or accessory to the Vehicle, You must reimburse Us the cost of recovering or replacing and or recoding them.
12. Tolls, Traffic and Parking Fines and Infringements
12.1 If the Vehicle travels through a toll collection point, You are liable for the applicable amount (which is an Additional Charge) together with an administration fee (which is a Hire Charge) to cover Our cost.
12.2 You are responsible for all traffic and parking fines and infringements (which are Additional Charges) 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 (which is a Hire Charge) to cover its costs in providing these details.
13. Our Liability
13.1 You may 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.
13.2 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.
14. Claims and Proceedings
Where the use of the Vehicle results in an accident, a claim or dispute, or damage or loss to the Vehicle or any third-party property, or 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 upon receipt.
15. Payment of Charges
15.1 Within the Credit Period, You must pay Us:
(a) any amount payable by You under the Agreement, including the Hire Charges (if applicable) and any Additional Charges;
(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); and
(c) any amount for which You are liable to Us for any Serious Breach,
and any failure to make timely payment in full will attract interest on any overdue amounts at the Interest Rate.
15.2 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.) that We receive notice of. We will use best endeavours to levy such Additional Charges 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.
15.3 As security for the payment of the Hire Charges and any Additional Charges, You must provide Your credit card details to Us prior to the commencement of the Hire Period and You authorise Us to pay the Hire Charges and any Additional Charges payable by You by debiting such amount from the card.
16. Termination of Agreement
16.1 Our right to terminate
We may immediately terminate the Agreement if We are of the reasonable opinion that:
(a) there has been a Serious Breach;
(b) You have made any admission of liability in respect to the Accident;
(c) You have breached the Agreement (including by failing to cooperate and provide (and procure that the driver and/or owner of the Damaged Vehicle at the time of the Accident provides) all reasonable assistance to R2D in respect to the implementation and conduct of the recovery process), except to the extent such breach is a Serious Breach or is caused by circumstances outside the reasonable control of the Hirer; or
(d) the Hire Charges will not be fully recoverable from the Third Party for any reason whatsoever.
16.2 Your right to terminate
You may immediately terminate the Agreement if We have breached its terms and failed to remedy such breach within twenty (20) working days of receiving notice of such breach from You.
(a) If the Agreement is terminated in accordance with clause 16.1(a), then:
(i) We may take immediate possession of the Vehicle;
(ii) You must pay all costs to replace or rectify the Vehicle to its state and condition as at the commencement of the Hire Period;
(iii) You must pay all reasonable costs for towing, storage and recovery of the Vehicle; and
(iv) any unrecoverable Hire Charges and the Additional Charges will become immediately due and payable by the Hirer to R2D.
(b) If the Agreement is terminated in accordance with clause 16.1(b) or 16.1(c) (other than due to a breach by the Hirer of clause 4.3(b) of the Agreement and Authority to Act), then:
(i) any unrecoverable total Hire Charges (including where the Hirer’s failure to cooperate results in a settlement for a reduced sum with the Third Party); and
(ii) the Additional Charges,
will become immediately due and payable by the Hirer to R2D.
(c) If the Agreement is terminated in accordance with clause 16.1(c) due to a breach by the Hirer of clause 4.3(b) of the Agreement and Authority to Act, then:
(i) the total Hire Charges for any day or days after the repairs were completed or after the Hirer received notification of a total loss settlement; plus
(ii) the Additional Charges,
will become immediately due and payable by the Hirer to R2D.
(d) If the Agreement is terminated in accordance with clause 16.1(d), only the Additional Charges will become immediately due and payable by the Hirer to R2D.
17. Dispute Resolution
17.1 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 reasonably require.
17.2 You agree to discuss and negotiate Your dispute or claim in good faith with Us, within ten (10) working days of giving Us notice of Your dispute or claim.
18. Privacy Statement and Consent
18.1 Purposes for collecting, disclosing and using Personal Information
(a) R2D may collect, disclose and use the Hirer’s Personal Information for the purposes set out in this clause 18.
(b) R2D collects, discloses and uses the Hirer’s Personal Information in order to provide the Hirer with its accident replacement vehicle services in connection with the Agreement.
(c) R2D may also collect, disclose and use the Hirer’s Personal Information in connection with the Agreement for the following purposes:
(i) to assess and process the Hirer’s application for an accident replacement vehicle;
(ii) to facilitate claims on the Hirer’s behalf for the costs of R2D’s services with the Third Party (including by disclosing the Hirer’s Personal Information to such persons);
(iii) to execute instructions;
(iv) to manage R2D’s relationship with the Hirer (whether online or in person);
(v) to comply with legislative or regulatory requirements;
(vi) to identify the Hirer; and
(vii) for any internal processes including claims assessments, product development, strategic planning, risk management and pricing.
(d) R2D may also collect, disclose and use the Hirer’s Personal Information (unless the Hirer tells R2D not to) to identify or contact the Hirer to discuss other products and services that could be of interest to the Hirer or the company it represents.
(e) The Hirer acknowledges that if it does not provide R2D with its Personal Information, R2D may be unable to provide the Hirer with its services or deal with any insurer on the Hirer’s behalf.
18.2 Providing information about another person
When the Hirer gives R2D Personal Information about another person, other than the Third Party:
(a) the Hirer represents that they are authorised to do so; and
(b) the Hirer agrees to inform the person that R2D has collected their Personal Information as part of this Agreement and of the contents of this clause 18.
18.3 Persons with whom Personal Information is disclosed
(a) R2D may disclose the Agreement or the Hirer’s Personal Information with any relevant insurer(s) in order to facilitate a claim on the Hirer’s behalf for the costs associated with hiring an accident replacement vehicle from R2D.
(b) R2D may also disclose the Hirer’s Personal Information to:
(i) R2D’s 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 related infringements or road tolls, to the extent that these fees apply to the Vehicle;
(vi) any person R2D considers necessary to execute the Hirer’s instructions;
(vii) any person who is considering whether to acquire or who has acquired any part of R2D’s business, or the rights or obligations under the Agreement;
(viii) law enforcement, regulatory and government bodies as permitted or required by law in New Zealand, Australia or overseas; and
(ix) overseas recipients who provide services and products to R2D and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which the Hirer’s information may be transmitted from time to time, but the Hirer’s Personal Information may be transmitted between Australia, New Zealand, the United Kingdom, the Philippines, India and other countries.
(c) R2D may also disclose the Hirer’s Personal Information (unless the Hirer tells R2D not to) to any other persons (including R2D’s related bodies corporate, agents, contractors, service providers, external advisers and third parties) to identify or contact the Hirer to discuss other products and services that could be of interest to the Hirer or the company it represents.
(d) The Hirer acknowledges that:
(i) it consents to R2D collecting, disclosing and using the Hirer’s Personal Information for the purposes set out in this clause 18; and
(ii) if R2D discloses the Hirer’s Personal Information to any other person for the purposes set out in this clause 18, R2D will, to the extent permitted by law, 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 other person.
18.4 Hirer’s rights
(a) The Hirer has the right to:
(i) request access and corrections to its Personal Information held by R2D; and
(ii) make a complaint about the way in which R2D has managed the Personal Information.
(d) The Hirer may also gain access to, seek correction of, or to complain about the handling of Personal Information that R2D holds about the Hirer by contacting R2D’s Privacy Officer at:
Privacy Officer, Movigo Group
Collins Square, Tower 2
Level 7/727 Collins Street
Docklands VIC 3008, Australia
or by email to:
A right or entitlement under the Agreement can only be waived expressly in writing.
20. Governing law and jurisdiction
The Agreement is governed by the laws of the state or territory within Australia in which the Vehicle was hired. The Hirer and R2D agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between them.
AGREEMENT AND AUTHORITY TO ACT
Between Right2Drive Pty Ltd ACN 159 590 986 of Collins Square, Tower 2, Level 7/727 Collins Street, Docklands VIC 3008 (R2D) and the hirer (Hirer).
The Accident was a result of the negligence of the Third Party and the Hirer is seeking to recover the costs of a replacement vehicle for the period the Damaged Vehicle was unavailable for their use. The Hirer is aware that they are entitled to hire a replacement vehicle and expects to be reimbursed in full for the replacement vehicle costs. The Hirer authorises R2D, its nominated management service, debt recovery agents and legal representatives to recover these costs on their behalf and the Hirer requires all monies owed in relation to this car hire to be paid to R2D.
Unless the context requires otherwise, capitalised words in this Agreement and Authority to Act have the meaning given to them in clause 1 (Definitions) of the terms & conditions of use accompanying this Agreement and Authority to Act.
2. National Consumer Credit Code and Financial Services
The Agreement is not regulated by the National Consumer Credit Protection Act 2009 (Cth) (including the National Credit Code at Schedule 1) or Chapter 7 of the Corporations Act 2001 (Cth). It deals with the Hirer’s obligations with respect to the Vehicle issued as a result of a road traffic incident, including to appoint R2D to recover the Hire Charges from the Third Party in accordance with the Hirer’s common law rights. The parties acknowledge and agree that R2D will not be providing the Hirer any claims handling and settling services for insurance products. The Hirer should read the Agreement, and all accompanying documentation, carefully before signing.
3. Recovery of Hire Charges
3.1 Hire Charges
(a) The Hirer agrees to cooperate and provide (and procure that the driver and/or owner of the Damaged Vehicle at the time of the Accident provides) all reasonable assistance to R2D and its nominated management service, debt recovery agents and legal representatives in recovering the Hire Charges from the Third Party, to act in the best interests of R2D and not in any way delay or hold up the timely recovery of the Hire Charges.
(b) Subject to clause 16 (Termination of Agreement) of the Terms & Conditions of Use and on the condition that the Hirer fulfils their obligations under the Agreement (including under clause 4), upon recovery of the Hire Charges from the Third Party by R2D the Hirer will be released from liability for the Hire Charges, except for the Additional Charges for which the Hirer shall remain liable. The parties acknowledge and agree that this release shall constitute sufficient consideration for the obligations of the Hirer under this Agreement and Authority to Act.
(c) The parties acknowledge that, as at the date of the Agreement, the Hire Charges are only 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.
The Hirer authorises R2D, its nominated management service, debt recovery agents and legal representatives to:
(a) act on the Hirer’s behalf in respect of the recovery of the Hire Charges from the Third Party;
(b) ask for any documents that may be required from the repairer of the Damaged Vehicle to enable prompt settlement of the Hire Charges;
(c) receive monies and bank relevant cheques made payable to the Hirer into R2D’s account or any other account nominated by R2D; and
(d) utilise and apply any monies or relevant cheques received in settlement or payment of the Hirer’s claim against the Third Party to discharge any outstanding Hire Charges owed by the Hirer to R2D, subject to R2D accounting to the Hirer for any surplus.
The Hirer irrevocably appoints R2D, its nominated management service, debt recovery agents and legal representatives as the Hirer’s agents, representatives and duly authorised attorneys, to recover the Hire Charges by whatever means necessary.
3.4 Recovery process
(a) The Hirer understands and accepts that R2D may refer the matter to its nominated legal representatives on behalf of the Hirer in recovering the Hire Charges and the Hirer agrees to provide any reasonable assistance requested by R2D in respect of such recovery process, which the Hirer acknowledges may require the Hirer to (amongst other things):
(i) sign any certificate pursuant to the Civil Procedure Act 2010 (Vic) or equivalent legislation;
(ii) provide statements and documents; and
(iii) assist with legal proceedings, which may include attending a lawyer’s office or appearing in court as a witness or to give evidence (upon reasonable notice to do so).
(b) R2D indemnifies the Hirer for all costs and disbursements incurred by the legal representatives in the recovery process, provided that:
(i) the Hirer has complied with the terms of the Agreement; and
(ii) all warranties given by the Hirer in the Agreement are true and correct.
4. Hirer’s Obligations
The Hirer agrees to:
(a) provide to R2D all documentation required for R2D to claim the Hire Charges on the Hirer’s behalf (including the Hirer’s driver’s licence and the driver’s licence of the person driving the Damaged Vehicle at the time of the Accident); and
(b) be open and frank with R2D and not provide any information to R2D or the Third Party which is untrue or misleading or has the potential to mislead.
4.2 Claim and settlement
The Hirer agrees to:
(a) lodge a claim with the Hirer’s insurer (if applicable) or the Third Party as soon as practicable after the Accident, regularly follow up the claim, assessment and repair process and provide R2D with such information as R2D reasonably requires;
(b) notify R2D of any pending insurer settlement and to contact R2D prior to signing any release, deed of release, settlement or similar document; and
(c) not release or purport to release (by signing a form of release or otherwise) the Third Party from any of the Hirer’s rights and entitlements in respect to the Accident.
4.3 Damaged Vehicle
(a) The Hirer agrees to promptly notify R2D if the Damaged Vehicle is moved from one location or repairer to another location or repairer.
(b) The Hirer agrees to promptly notify R2D and arrange for collection of the Vehicle after receiving:
(i) notice that the repairs to the Damaged Vehicle have been completed; or
(ii) a total loss settlement in respect of the Damaged Vehicle,
and if the Hirer does not notify R2D within the period required (which the Hirer acknowledges and agrees is usually within three (3) working days), the Hirer may be liable for the Hire Charges incurred thereafter.
(c) The Hirer acknowledges that:
(i) R2D is an independent company and does not represent any insurer or repairer; and
(ii) R2D does not organise or coordinate nor is it liable or responsible for the repair, storage, movement or disposal of the Damaged Vehicle (which is the sole responsibility of the owner of the Damaged Vehicle).
If the Damaged Vehicle is registered for business use or the Hirer is registered for GST and may claim an Input Tax Credit for the GST component of the Hire Charges, then the Hirer is liable for and must pay the GST component of the Hire Charges to R2D and then claim it back in the Hirer’s next BAS.
The Hirer warrants to R2D that:
(a) the Accident was a result of the negligence of the Third Party;
(b) to the best of the Hirer’s knowledge, the information the Hirer has provided to R2D in connection with this Agreement (including in relation to the Damaged Vehicle and the Accident) is true, complete and correct;
(c) at the time of the Accident, the Damaged Vehicle was registered, the Hirer regularly drove the Damaged Vehicle and the Hirer held a valid and current Australian Driver, Learner (L), Probationary or Provisional (P1 or P2) licence for the class of the Damaged Vehicle;
(d) the Hirer has suffered physical inconvenience and loss of amenity of use as a result of the Damaged Vehicle being unavailable for their use; and
(e) the Hirer has not relied on any promise, representation, inducement or conduct material to the entry by the Hirer into the Agreement other than as expressly set out in the Agreement with respect to any aspect of the hire, the Hire Charges or recovery process.
5.2 Rideshare vehicles
The Hirer warrants to R2D that:
(a) the Hirer has informed R2D that the Damaged Vehicle was used either exclusively or in part for rideshare purposes (if applicable) and that the Hirer intends to use the Vehicle for similar purposes; and
(b) the Hirer understands that it is the Hirer’s responsibility to register the Vehicle as a commercial passenger vehicle and pay any applicable fee before using the Vehicle for rideshare purposes.
The Hirer acknowledges that it is aware that R2D is relying on the warranties given by the Hirer in the Agreement (including the warranties in clauses 5.1 and 5.2) in agreeing to provide the Vehicle to the Hirer on credit and otherwise in agreeing to the obligations in the Agreement and in committing to the recovery process.
6. Acknowledgement, agreement and authorisation
By signing below, the Hirer and R2D acknowledge and agree that they have each read, understood and agree to the terms set out in the Agreement.
Without limiting the forgoing, by signing this Agreement and the Authority to Act the Hirer:
- Declares and confirms to the best of its knowledge, that the information it has provided to R2D in connection with the Agreement (including in relation to the Damaged Vehicle and the Accident) is true, complete and correct.
- Authorises R2D, its management service, nominated debt recovery agents and legal representatives to recover all Hire Charges on their behalf and, requires all monies owed in relation to this car hire to be paid to R2D, on the terms and conditions of this Agreement and Authority to Act.
- Agrees to provide the Hirer’s credit card details to R2D prior to the commencement of the Hire Period and the Hirer authorises R2D to pay the Hire Charges and any Additional Charges payable by the Hirer by debiting such amount from the card.; and
- Agrees the Hirer is liable for and must pay the GST component of the Hire Charges to R2D and then claim it back in the Hirer’s next BAS if the Damaged Vehicle is registered for business use or the Hirer is registered for GST and may claim an Input Tax Credit for the GST component of the Hire Charges.