Rental agreement
terms and conditions

Section 1

Interpretations and definitions

1.1 Rental agreement

This rental agreement between Finney Pty Ltd (the “Owner”) and the Hirer comprises these terms and conditions numbered 1–8 inclusive and all documents and invoices which refer to or incorporate these terms and conditions.

The terms of the Privacy Policy form part of these terms and conditions. The Privacy Policy sets out how personal information is collected, used, stored and disclosed. It operates alongside these terms and conditions and, in the case of inconsistency, these terms and conditions supersede it.

1.2 Definitions

Owner

Finney Pty Ltd, its licensees, agents, servants, employees and successors in title.

Hirer

The hirer, any additional hirer or any person who signs the agreement.

Card Holder

Where the card holder is not the Hirer, any person who presents their credit or charge card under the agreement.

Vehicle

The vehicle described on the agreement, or any replacement vehicle provided by the Owner, including all tools, tyres, equipment and component parts.

Commencement Date

The start of the rental period shown as the date out and time out on the face of the agreement.

Expiry Time

The time the Vehicle is due for return, shown as the due return or extended due return date and time.

Damage Liability Fee

A non-waivable amount payable by the Hirer or Card Holder following Loss or Damage, theft, hail or breach of the agreement.

Rental Period

The prepaid period beginning on the Commencement Date and ending at the Expiry Time or earlier termination.

Single Vehicle Damage

Damage where no other vehicle was involved, or the other vehicle and driver cannot be fully identified to the Owner’s satisfaction.

Personal Information

Personal information obtained by the Owner, with the meaning given in the Privacy Act 1988 (Cth).

Loss or Damage includes

1. Loss or theft of the Vehicle; single-vehicle damage; hail; and damage to panels, interior, exterior, trim, roof, tyres, windscreen, underbody or overhead areas; excessive dirt; evidence of smoking; and any other damage. Value may be determined by a qualified repair quotation, replacement cost or market value at the Owner’s discretion.
2. Associated towing, storage, recovery, assessment, quotation, cleaning, parking, fine, legal, telephone, copying, file-storage, travel and administration costs. The supplied agreement specifies file administration at $125 per hour for relevant correspondence, filing, negotiation, attendance and preparation.
3. Rental loss calculated at the rate on the agreement for the estimated period the Vehicle cannot be hired because of the Loss or Damage.

Section 2

Rental

2.1

In consideration of payment of the charges in section 3 and subject to this rental agreement, the Owner grants the Hirer the right to use the Vehicle for the Rental Period.

Section 3

Payment of charges

3.1 Amounts payable

The Hirer or Card Holder agrees to pay the Owner on demand, after allowance for prepayments:

1. Rental charges, Damage Liability Fees, cleaning and fuel charges, a $20 fuel service fee, a $25 daily fee for the whole Rental Period where the Vehicle is driven outside the permitted area at any time, Loss or Damage costs, late fees of 20% of the daily rental rate per hour and other applicable charges.
2. The applicable Loss or Damage amount or Damage Liability Fee.
3. Fines, penalties or charges imposed on the Owner during the Rental Period.
4. Administration fees in addition to an offence or charge: $15 for a toll payment notice, $40 for a parking fine and $60 for a speeding or red-light-camera fine or offence.
5. All other amounts payable under the agreement.

3.2 Card authority and personal liability

The Hirer or Card Holder authorises the Owner to charge a nominated credit or charge card with amounts payable under the agreement. If the credit provider does not meet a charge within seven days, the Hirer must pay the Owner on demand. The Hirer remains personally liable for all charges and legal recovery costs.

3.3 Separate Card Holder

Where the Card Holder is not the Hirer, the Card Holder agrees to be bound by the payment authority and is liable for charges incurred by the Hirer under the agreement.

Section 4

Use of the Vehicle

4.1 Licence and age

The Hirer warrants that they are over 21 and hold a current open driver licence, other than a learner, provisional or probationary licence, valid at the place of hire and for the Vehicle.

4.2 Driving and insurance history

The supplied agreement states that the Hirer warrants they have never been convicted of a motoring offence relating to driving a motor vehicle, have not had a licence suspended during the previous five years and have not had motor vehicle insurance refused by an insurer.

4.3 The Hirer agrees

1. Only a person approved in writing by the Owner may drive.
2. The Vehicle must be used lawfully, cautiously and prudently.
3. The Vehicle must not be driven under the influence of alcohol or drugs or above the lawful blood-alcohol limit, and the driver must comply with a police breath or blood test.
4. The Vehicle must not carry passengers for reward.
5. The Vehicle must not be used illegally, in a race or speed test, to carry inflammable liquids or explosives, or above the manufacturer’s load limit.
6. The Vehicle must not be used in hazardous situations such as bushfires or floods.
7. The Vehicle must not be used on unmade or unsealed surfaces, where snow chains are required, or in unsafe or unsuitable conditions.
8. The Vehicle must not be used outside the published area-of-use maps.
9. The Vehicle must be returned in the same condition, subject to fair wear and tear. By taking it, the Hirer acknowledges inspecting it and accepting that it is in good condition and fit for the required purpose.
10. The Vehicle must be adequately secured.
11. Reasonable engine oil, gearbox and differential oil, radiator water and tyre air must be maintained.
12. The Vehicle must not be abandoned or possession surrendered following a mechanical problem, breakdown or incident.
13. The odometer must not be tampered with.
14. No animal or pet may be carried.
15. The Hirer must not represent themselves as an agent of the Owner.
16. The Hirer enters the agreement and uses the Vehicle for their own purpose and not that of the Owner.
17. Smoking any substance in the Vehicle is prohibited.

Section 5

Possession and return of the Vehicle

5.1

The Vehicle must be returned to the location and by the Expiry Time shown on the agreement, in the same condition subject to fair wear and tear. Where an airport return is agreed, the Vehicle must be suitably parked at the agreed return location.

5.2

The Vehicle is not treated as returned until the Owner takes possession. The Hirer remains liable for Loss or Damage until then, and return is subject to a final satisfactory inspection.

5.3

Returning the Vehicle somewhere other than the designated location is a breach. The Hirer is liable for resulting direct and indirect Loss or Damage, including returning the Vehicle to the Owner.

5.4

The Hirer is liable for losses caused by failing or refusing to return the Vehicle by the Expiry Time, including hourly or daily rental and the value of bookings cancelled because the Vehicle was unavailable.

5.5

The Owner may terminate the agreement and repossess the Vehicle without notice in any event the Owner sees fit, including entering property where the Vehicle is believed to be located. The Hirer remains liable for the Owner’s resulting costs and expenses and indemnifies the Owner for them.

Section 6

Loss or damage cover

6.1 General liability

The Hirer is liable to the Owner for all Loss or Damage however caused, whether negligent or not, and for third-party property damage. The Hirer indemnifies the Owner for resulting claims, costs and expenses.

6.2 Damage-cover options

Standard Liability

For each incident, the Hirer must immediately pay the applicable Damage Liability Fee. After payment under clause 6.5, the Owner waives responsibility for damage to the hired Vehicle caused by an accident with another vehicle where both the vehicle and driver are fully identified to the Owner’s satisfaction. The Hirer remains liable for third-party property damage, theft, Single Vehicle Damage, hail, windscreen and tyre damage and every clause 6.3 exclusion.

Liability Reduction Waiver

Where purchased and paid in advance for the selected Rental Period, the Hirer must immediately pay the applicable non-refundable Damage Liability Fee for each incident. After payment under clause 6.5, the Owner waives responsibility for theft and for damage to the hired Vehicle and third-party vehicles caused by an accident with another fully identified vehicle and driver. The Hirer remains liable for Single Vehicle Damage, hail, windscreen and tyre damage and every clause 6.3 exclusion.

Premium Liability Waiver

Where purchased and paid in advance for the selected Rental Period, the Hirer must immediately pay the applicable non-refundable Damage Liability Fee for each incident. After payment under clause 6.5, the Owner waives responsibility for theft, damage to the hired Vehicle and third-party vehicles from an accident with another vehicle, Single Vehicle Damage, hail and windscreen damage. Every clause 6.3 exclusion remains.

6.3 Exclusions

The cover options do not apply and the Hirer remains liable where:

1. The Hirer breaches an express or implied obligation.
2. Damage occurs to the undercarriage or overhead/roof-level area, including the listed mechanical, structural, roof, pillar, windscreen and accessory components.
3. Damage involves the interior, windscreen, tyres, rims, excessive soiling, water or evidence of smoking.
4. Loss or Damage results from property stolen from or left in the Vehicle.
5. The Vehicle is stolen after being left unlocked or unsecured, or its keys are not returned after theft.
6. Loss or Damage occurs outside the permitted area.
7. Loss or Damage is deliberate, reckless or negligent conduct of the Hirer or passengers.
8. The Vehicle is driven by anyone other than an approved Hirer.
9. Loss or Damage occurs outside the Rental Period or after the Expiry Time.
10. The Hirer does not pay the Damage Liability Fee on demand or within 24 hours.
11. The Hirer is indemnified by a private insurance policy, in which case the Owner is authorised to recover under that policy.
12. Vehicle keys or any key component are damaged, lost, stolen or not returned; the Hirer is liable for the total resulting Loss or Damage.

6.4 Reporting and cooperation

Every Loss or Damage must be reported immediately to police and the Owner. The Hirer must take reasonable steps to obtain third-party details, complete reports and statements, and assist with litigation or investigation, including court evidence at the Hirer’s expense. The Hirer must not admit liability. The Owner may take action to recover or defend claims. Maps, baby or booster seats and satellite-navigation units are not covered and their loss attracts full replacement cost.

6.5 Damage Liability Fee

The Damage Liability Fee must be paid within 24 hours of demand. If it is not, the Hirer loses the benefit of the clause 6.2 waivers and is liable under clause 6.1.

6.6 Debt

An amount recoverable from the Hirer may be recovered as a liquidated debt.

6.7 Assessment

Existing damage is recorded on the Existing Damage Attachment. Other damage found at return, termination or repossession is treated as Loss or Damage. An itemised repair quotation is evidence of that Loss or Damage, and the Owner determines the amount. The Owner may repair, partly repair, replace, exchange, salvage or leave the relevant damage, part or Vehicle as it considers appropriate.

6.8 Third-party recoveries

Where the Hirer has paid the full Damage Liability Fee and the Owner later recovers funds from a third party, the Owner may at its discretion refund some or all recovered funds less Loss or Damage not recovered.

Section 7

Limitation on liability

7.1

To the extent permitted by law, warranties about the Vehicle’s condition are excluded. Liability for breach of an implied condition or warranty is limited to replacement, repair or resupply. The Owner is not liable for indirect or consequential loss, damage or delay.

7.2

The Owner is not liable for Loss or Damage or injury suffered by the Hirer or another person arising from use or operation of the Vehicle, or for property stolen, lost or left in the Vehicle during or after the Rental Period, to the extent provided in the supplied agreement. The Hirer indemnifies the Owner against relevant claims, demands and actions.

Section 8

General

8.1

Information supplied by the Hirer before or after the agreement must be true and correct. The Hirer is liable for costs caused by incorrect information and must immediately notify changes.

8.2

The Owner is not bound by a representation, warranty, condition, promise or statement unless it is written in the agreement.

8.3

The Owner is not liable to refund unused petrol or unused rental payments.

8.4

The Vehicle remains the Owner’s property. The Hirer must not assign the agreement, sublet, dispose of or encumber the Vehicle, create a lien over it for repairs or towing, or part with possession.

8.5

Where there is more than one Hirer, liability is joint and several.

8.6

Waiver of a breach does not waive a later or continuing breach.

8.7

Gendered words include other genders, and singular and plural include each other.

8.8

The agreement is governed by Queensland law and the parties submit to the exclusive jurisdiction of Queensland courts.

8.9

If a provision is declared illegal, unenforceable or void by a competent court, the remaining agreement continues in effect.