Cars Hire Auto Rental · ABN 99 382 528 968
151 Mona Street, South Granville NSW 2142 · 0423 790 111 · Sales@carshire.com.au
Download the Vehicle Rental Agreement (PDF)
Please read these terms before you book. The vehicle, hire period, fees and your details are recorded in your booking and in the agreement you sign at handover. Key amounts: insurance excess A$2,000 per incident; late-payment administration fee A$40 after a 3-business-day grace period; interest 10% p.a. on the overdue amount only.
This Vehicle Rental Agreement (Agreement) is between Cars Hire Auto Rental (the Owner / Lessor) and the Renter (the Hirer) named in the booking and the signed agreement. Owner and Renter may also be referred to as “Party” in the singular and “Parties” in the plural. Words importing the singular include the plural and vice versa.
Owner agrees to rent to Renter the vehicle identified in the booking and handover record (make, model, year, colour, registration, VIN, odometer and fuel level) (“Vehicle”).
Owner agrees to rent the Vehicle to Renter for the period stated in the booking. The Parties agree that this Agreement terminates upon the End Date. Notwithstanding anything to the contrary in this Agreement, either Party may terminate this Agreement prior to the End Date with at least one (1) day’s written notice. If this Agreement is terminated prior to the End Date, the Parties will work together in good faith to determine whether a refund of Rental Fees is payable. Early termination does not cancel any amount already overdue, or any late-payment charge that has already accrued under clause 4.
Renter will observe the kilometre limit (unlimited or limited) stated in the booking. Excess kilometres, if a limit applies, will be charged at the rate set out in clause 4.
The Renter agrees to pay the Owner for use of the Vehicle as stated in the booking (all amounts in Australian dollars and, where applicable, inclusive of GST): daily / weekly rate, bond / deposit, excess km rate, additional driver fee and refuelling service fee. Insurance excess: A$2,000 per incident. Excess reduction: only if agreed in writing.
Fuel. Unless otherwise agreed in writing, the Vehicle is supplied with a full tank and must be returned with a full tank of the correct fuel. If the Vehicle is not returned full, Renter must pay the cost of refuelling plus the refuelling service fee.
Bond. Owner shall retain the bond to be used, in the event of loss of or damage to the Vehicle during the term of this Agreement, to defray fully or partially the cost of necessary repairs or replacement, the insurance excess of A$2,000, cleaning, refuelling, tolls, infringements, late-payment charges, or other amounts payable by Renter. In the absence of damage or loss and after all amounts due have been paid, any unused bond shall be refunded to the Renter within a reasonable time. Owner will not forfeit the bond for a breach that has not caused a loss or a charge allowed by this Agreement.
Payment. Rental Fees are payable in advance on or before the Start Date, unless the Parties have agreed in writing to a payment plan. If a payment plan is agreed, each instalment is due on the date stated in that plan. Renter authorises Owner to debit the nominated card or account for Rental Fees, bond, the insurance excess, infringements, tolls, late-payment charges, and other amounts payable under this Agreement. Owner will give Renter a reasonable opportunity to query a charge that is not the agreed Rental Fee or bond before debiting a disputed amount, except where Owner needs to secure an infringement, toll or excess that is already payable.
If any Rental Fee, instalment or other amount payable under this Agreement is not received in cleared funds by its due date, the following applies. These charges are a genuine pre-estimate of Owner’s administration and financing cost. They are not a penalty, and they do not limit any right that cannot be excluded under the Australian Consumer Law.
The Parties acknowledge the existing damage to the Vehicle as noted on the handover damage record. Areas not marked are taken to be free of pre-existing damage visible at handover. Renter should inspect the Vehicle before driving away and record any additional damage.
Insurance excess. The insurance excess for this rental is A$2,000 (two thousand Australian dollars) per incident. Renter must pay this excess for each incident of loss of, or damage to, the Vehicle, and for each claim made in respect of the Vehicle, unless Owner has agreed in writing to a damage waiver or excess-reduction product that reduces the amount. Owner may apply the bond and debit the nominated card or account for the excess. Paying the excess does not limit Renter’s liability for any loss or damage that is not covered.
The Vehicle is registered in Australia and includes Compulsory Third Party (CTP) insurance as required by the law of the State or Territory of registration.
Renter warrants that Renter holds a current, valid Australian driver licence (or an accepted international / foreign licence) of the class required to drive the Vehicle, and that Renter is not disqualified or suspended from driving.
Unless Owner has agreed in writing to provide a damage waiver or excess-reduction product, Renter is responsible for the insurance excess of A$2,000 per incident and for any loss or damage that is not covered, including but not limited to damage arising from breach of this Agreement, off-road use (unless authorised), single-vehicle incidents where excluded, overhead or underbody damage where excluded, and personal belongings left in the Vehicle.
If Renter relies on a credit-card or personal comprehensive policy to cover the rental, Renter must ensure that policy extends to hire vehicles in Australia and must provide evidence on request. Holding other insurance does not reduce Renter’s obligations to Owner under this Agreement, including the obligation to pay the A$2,000 excess.
Regardless of insurance coverage, Renter shall indemnify Owner for loss, damage, claim, penalty, infringement and legal action, including reasonable legal costs, that Owner suffers arising from Renter’s use or possession of the Vehicle during the term of this Agreement, including damage to the Vehicle, damage to the property of others, injury to Renter, and injury to others, to the extent caused by Renter or an authorised driver. This indemnity does not apply to the extent the loss was caused by Owner’s negligence or breach, and it does not exclude any consumer guarantee that cannot be excluded. This clause survives termination of this Agreement.
Owner represents that, to the best of its knowledge and belief, the Vehicle is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use on sealed public roads in Australia. The Vehicle is supplied as a hire vehicle and, to the extent permitted by the Australian Consumer Law, Owner excludes other warranties. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
The Renter agrees that Renter will not:
Renter must keep the Vehicle locked when unattended, use the correct fuel, check fluids and tyre condition at reasonable intervals, and promptly notify Owner of any accident, breakdown, damage, warning light or defect.
If the Vehicle is involved in an accident or is stolen, Renter must (a) notify the police where required by law; (b) notify Owner as soon as practicable and in any event within 24 hours; (c) not admit liability; and (d) complete Owner’s incident form and obtain details of all other parties and witnesses. The A$2,000 insurance excess is payable in respect of each such incident unless a written excess reduction applies. Owner may fit a replacement vehicle if available, at Renter’s cost if the incident is Renter’s responsibility.
Renter must return the Vehicle to the agreed location on or before the End Date, during Owner’s business hours unless otherwise arranged, in a clean condition, with all keys, accessories and documents, and with the same fuel level as at handover (or full, if supplied full).
Late return. Owner allows a grace period of thirty (30) minutes after the agreed return time. After that grace period, Owner may charge A$25 per commenced hour until the Vehicle is returned, up to a maximum of one extra day’s hire at the agreed daily rate. If the Vehicle is more than three (3) hours late, Owner may instead charge one extra day at the agreed daily rate plus a late-return administration fee of A$40. Calling ahead does not remove the charge, but Owner may waive the A$40 fee if the delay was notified and a replacement booking is not affected. A late return is separate from a late payment under clause 4. Owner will not charge both an hourly late-return amount and a full extra day for the same period.
Owner may report the Vehicle stolen if it is not returned and Renter cannot be contacted. Owner will make reasonable attempts to contact Renter before doing so.
If the Parties cannot amicably resolve a dispute or damage claim arising from this Agreement, either Party may refer the dispute to mediation administered in Sydney, New South Wales, Australia. If the dispute is not resolved within 30 days of a party requesting mediation, the Parties agree to resolve the dispute by arbitration.
The arbitration shall be conducted in Sydney, New South Wales, Australia, before a single arbitrator, in accordance with the Commercial Arbitration Act 2010 (NSW) and, failing agreement on procedure, the ACICA Arbitration Rules then in effect. If the Parties cannot agree on an arbitrator within 14 days, an arbitrator shall be appointed by the Australian Disputes Centre or ACICA on the request of either Party.
The laws of New South Wales, Australia apply to the arbitration. The Parties agree that the arbitrator cannot award punitive or exemplary damages and agree to be bound by the arbitrator’s award. Judgment upon the award may be entered in any court having jurisdiction. Nothing in this clause prevents a Party seeking urgent interlocutory relief from a court, or Owner recovering an undisputed debt or infringement in any competent court or tribunal (including the NSW Civil and Administrative Tribunal). A late-payment charge that Renter has disputed in writing is not an undisputed debt until Owner has responded to that dispute.
The laws of New South Wales, Australia, without regard to conflict of law principles, govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia. No action arising out of the transactions under this Agreement may be brought by either Party more than two (2) years after the cause of action accrued, except for recovery of an infringement, toll or similar statutory amount.
This Agreement, including all schedules and the completed damage record, constitutes the entire agreement between the Parties in connection with the subject matter and supersedes all prior agreements, proposals, representations and other understandings, oral or written. No alteration or modification of this Agreement is valid unless made in writing and signed by an authorised representative of each Party.
The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach, and any waiver must be in writing and signed by the waiving Party. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
Any notice or other communication required or permitted under this Agreement shall be given in writing to the other Party at the address or email stated above, or at such other address as is notified in writing. Notices sent by email are taken to be received on the next business day in the recipient’s location.
Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled, and bind respective successors and permitted assigns. Renter may not assign this Agreement without Owner’s prior written consent. Owner may assign its rights, including the right to recover amounts payable.
This Agreement may be signed in counterparts (including electronic signature and scanned copies), each of which is deemed an original, and all of which together constitute one instrument.
A reference to a statute includes that statute as amended or replaced and any subordinate legislation. Headings are for convenience only and do not affect interpretation.
Any additional authorised driver must be named in the signed agreement with their full name, licence number, licence state / expiry and date of birth.
By signing, Renter acknowledges the insurance excess of A$2,000 per incident in clause 6, the late-payment charges in clause 4 (A$40 administration fee after a 3-business-day grace period, and interest at 10% per annum on the overdue amount only), and the late-return charges in clause 11, and authorises Owner to apply the bond and debit the nominated card for those amounts.
