Terms
CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to your rights as a consumer (‘Your Consumer Rights’) under applicable consumer protection legislation, including the Australian Consumer Law.
Your Consumer Rights are not excluded, restricted, or modified by this Rental Agreement.
You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
- INTERPRETING YOUR RENTAL AGREEMENT
- The Rental Agreement (‘Rental Agreement’) between ARV Car Rentals Pty Ltd T/AS IWC Rentals (‘IWC Rentals’) and You is made on the date shown on the Rental Documents you have signed in respect of the Vehicle (‘Rental Document’) and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
‘Accessory’ means any equipment set out in the Rental Document, including (as applicable) any global positioning system receiver or similar device or any child restraint, booster or similar equipment.
‘IWC Rentals Insurance Policy’ means a policy of liability insurance held by IWC Rentals for Your liability to a third party for damage to the property of that third party which is caused by the legal use of the Vehicle by You:
‘Authorised Driver’ means an additional driver that is authorised in writing by IWC Rentals to drive the vehicle. An authorised driver is not covered under the IWC Rentals Insurance Policy unless authorised in writing:
‘IWC Rentals’ means ARV Car Rentals Pty Limited ABN 27 609 552 454 trading as ‘IWC Car Rentals’ or, where applicable, an independent IWC Rentals Rent A Car System licensee;
‘Collection Costs’ means IWC Rentals’ reasonable costs of collecting unpaid Rental Charges from You (including IWC Rentals’ legal costs) and IWC Rentals’ administration fee of $75 and its debt collection agent’s fee (whether debt collection agency or solicitors) equal to 25% of the unpaid Rental Charges;
‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the Rental Document;
‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual located in the glove box of the Vehicle;
‘Overhead Damage’ means damage to the Vehicle or property of any third party caused by the Vehicle coming into contact with anything above the top of the door seal and the top of the front and back windscreens;
‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document or payable under this Rental Agreement;
‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to IWC Rentals;
‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You which covers You while using the Vehicle as a substitute for the vehicle insured under that policy;
‘Underbody Damage’ means damage to the Vehicle caused by the Vehicle coming into contact with any thing below the bottom of the door seal and the bottom of the front and rear bumper bars;
‘Vehicle’ means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by IWC Rentals; and
‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made;
‘Your Account’ means Your debit card, credit card or IWC Rentals charge account to which Your Rental Charges are to be debited.
- YOU & THE AUTHORISED DRIVER
2.1 You agree and acknowledge that:
(a) only You will drive the Vehicle, unless another driver is authorised in writing by IWC Rentals; and
(b) You hold a current licence (not being a learner’s licence or provisional licence) to drive the Vehicle and have been licensed to drive vehicles of the same category as the Vehicle for at least 12 consecutive months.
(c) Neither driver including You can be under the age limit. If You or the authorised driver is under the age limit, then you must not drive the vehicle and immediately notify IWC Rentals.
2.2 You are responsible for the acts and omissions of any authorised or unauthorised Driver of the vehicle. No other driver apart from You, and the authorised driver, will be covered under the IWC Rentals Insurance Policy unless determined by IWC Rentals. IWC Rentals holds the discretion as to whether to lodge an insurance claim under the policy or not.
2.3 The authorised driver is responsible for the acts and omissions caused by You.
2.4 IWC Rentals will hold You and the authorised driver liable for any breach howsoever caused jointly and severally.
2.5 You and the authorised driver must not smoke in the vehicle, not allow any other person to drive or operate the vehicle, must not commit any offences whilst operating and using the vehicle.
2.6 If this application is attached with a debt recovery matter, meaning that you were involved in a collision with your personal/business vehicle and that you require IWC Rentals to recover the rental costs.
2.7 You expressly agree to assist IWC Rentals in the recovery for the rental fees, including but not limited to, providing an affidavit when required, provide a version of events, provide contact details for any parties related to your collision.
2.8 You can only hire this vehicle for debt recovery purposes if you have a need for the vehicle. if need is not present, this vehicle cannot be hired for demurrage purposes.
2.9 IWC Rentals hereby indemnify you from legal costs associated with the recovery of hire car fees on the condition that you comply with this agreement, especially this clause. You authorise IWC Rentals to recover legal costs on your behalf as if you had paid the fees.
- WHERE YOU CAN & CANNOT DRIVE THE VEHICLE
3.1 You must only use the Vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road.
3.2 You must not, unless authorised in writing by IWC Rentals, drive or take the Vehicle:
(a) to any island off the coast of Australia;
(b) to any state outside the state of New South Wales;
(c) in the snow (at any time and anywhere);
(d) on beaches or through streams, dams, rivers, or flood waters; or
(e) any other terrain that is likely to cause damage to the vehicle.
- USE OF THE VEHICLE
4.1 You must:
(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
(b) not, without IWC Rentals’ prior written consent, use, or allow the Vehicle to be used, to push anything;
(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not, without IWC Rentals’ prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained IWC Rentals’ approval to do so;
(h) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and IWC Rentals’ recommendations;
(i) not, without IWC Rentals’ prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances;
(j) not use the Vehicle for the conveyance or towing of any load unless You have IWC Rentals’ prior written consent; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and IWC Rentals’ recommendations; and
(k) not use the Vehicle in contravention of any law.
4.2 You must pay for any unauthorised repairs to the Vehicle and for all parking, speeding and traffic infringements and tolls in respect of the Vehicle during the Rental Period.
- MAINTENANCE, SECURITY AND SAFETY
5.1 You must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications;
(b) fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications;
(c) keep the Vehicle locked and the keys under Your personal control at all times; and(d) comply with all applicable seat belt and child restraint laws.
5.2 You must not have repairs to the Vehicle carried out unless IWC Rentals authorises You to do so. IWC Rentals requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt to assist IWC Rentals. IWC Rentals will reimburse You for any repairs to the Vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that IWC Rentals cannot verify the cost of repairs, IWC Rentals will not reimburse You.
- RETURN OF VEHICLE
6.1 You must return the Vehicle to IWC Rentals:
(a) to the place, on the date and by the time advised by IWC Rentals (whether verbally advised or in writing); and
(b) in the same condition as it was at the commencement of the Rental Period;
(c) If this rental agreement is related to a demurrage matter, then you are required to return the vehicle immediately if you do either of the following;
- i) Get paid money from any third party or insurance for the damage or repairs for your vehicle;
- ii) if you either receive your vehicle back in your possession or it has not left your possession;
iii) If you stop the repairs, do not properly co-ordinate the repairs or the transaction for your vehicle.
6.2 If You tell IWC Rentals that You wish to return the Vehicle to a location other than that stated on the Rental Document or as agreed with IWC Rentals, IWC Rentals will advise You of the amount of the ‘one-way fee’ that You will incur (unless clause 6.5(a) applies to You). If You do not tell IWC Rentals in advance, You must pay a ‘one-way fee’ of up to $2 per kilometre (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under clause 6.4.
6.3 Despite clauses 6.1 and 6.2, You must return the Vehicle to an IWC Rentals location during normal business hours.
6.4 If:
(a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
(b) You do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document, the rates shown on the Rental Document will not apply and You must pay the IWC Rentals standard rate for the Vehicle for the Rental Period.
6.5 IWC Rentals may request the immediate return of the Vehicle, or IWC Rentals may recover the Vehicle (either by repossession or any other method) without notice, if:
(a) the credit limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of Your Vehicle or if a ‘oneway fee’ becomes payable by You;
(b) the Rental Period expires without satisfactory arrangements having been made by You with IWC Rentals; or
(c) IWC Rentals reasonably suspects that:
(1) the Vehicle may be used for an unlawful purpose;
(2) damage to the Vehicle, or injury to persons or property, is likely to occur; or
(3) the Vehicle will be involved in an industrial dispute.
(d) If IWC Rentals are of the view that you are not complying with any reasonable request to:
(1) return the vehicle when requested to do so;
(2) provide any particulars, statements, version of events, documents, or anything else whatsoever on behalf of either party in relation to any matters important for a court case or for any other reason whatsoever. IWC Rentals hold the discretion of what is important and what is not. For clarity, any request from IWC Rentals is considered important;
(3) ensure that the vehicle is kept safe at all times;
6.6 If You do not return the Vehicle on the date and by the time shown on the Rental Document, or at any time IWC Rentals requests the vehicle to be returned (which this request is at IWC Rentals’ discretion and can be exercised at any time) then:
(a) after written notice to You and if the location of the Vehicle is unknown, IWC Rentals may report the Vehicle as stolen to the Police; and
(b) You must pay IWC Rentals all Rental Charges (including additional Rental Charges) and compensate IWC Rentals in accordance with clause 8 for any loss IWC Rentals suffers (including all additional costs IWC Rentals incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by IWC Rentals.
(c) You irrevocably authorise IWC Rentals and its employees or agents to enter your property without further notice to recover the vehicle.
- FUEL
7.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
7.2 You must return the Vehicle with the same amount or higher fuel level than it had when You rented it, otherwise You must pay the Fuel Service amount per litre as set out on the Rental Document.
7.3 The fuel level of the Vehicle at the time You rent it and at the time You return it to IWC Rentals is determined by visual inspection by IWC Rentals of the Vehicle’s fuel gauge.
- LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
8.1 Subject to this clause 8, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or any person You allow to drive the Vehicle; or
(ii) which arises from the use of the Vehicle by You or any person You allow to drive the Vehicle.
8.2 Additional amounts payable: In addition to Clause 8.1, You must always pay to IWC Rentals the following costs and fees:
(a) the cost of repairing any:
(i) Overhead Damage or Underbody Damage;
(ii) water damage to the Vehicle;
(iii) damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1 or 5;
(iv) damage to a tyre or an Accessory not attributable to normal wear and tear; and
(v) damage to the Vehicle or to the property of any third party caused deliberately or recklessly by You, any other driver of the Vehicle or any passenger carried during the Rental Period;
(b) the cost of replacing, if lost or stolen, an Accessory; and
(c) if You have breached the Rental Agreement, a per day loss of revenue fee based on the actual and estimated downtime of the Vehicle.
8.3 (a) For the purposes of this clause 8.3, ‘Recovery Costs’ means, in relation to the loss of, or damage to, the Vehicle;
(1) any appraisal fees;
(2) any towing, storage and recovery costs; and
(3) an administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
(b) If clause 8.1 or 8.2 applies, You must pay to IWC Rentals, or IWC Rentals may debit Your Account at any time with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending IWC Rentals’ assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to Your right to a refund under clause 8.4(b).
(c) For the purposes of calculating any refund under clause 8.3(b), IWC Rentals will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
(d) If clause 8.2 applies, and if the total of the Recovery Costs and the costs and fees that You must pay under clause 8.2 is greater than the Excess Amount (with the difference being the ‘Gap Amount’), You must pay to IWC Rentals, or IWC Rentals may debit Your Account with, the Gap Amount.
8.4 (a) Where You are required to pay IWC Rentals under this clause 8, the amount You must pay for any loss, damage, repair, cost, or fee:
(1) may be reasonably determined by IWC Rentals; and
(2) in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
(b) If the amount determined by IWC Rentals and paid by You under this clause 8.4 exceeds the final cost of the loss, damage or repair, IWC Rentals will refund the difference to You.
(c) IWC Rentals will provide details to You of the final cost of the loss, damage or repair on request by You.
- PERSONAL PROPERTY SECURITIES LAW
9.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) – financing statement, interested person, register, proceeds, security agreement and security interest.
9.2 You acknowledge that:
(a) by renting the Vehicle from IWC Rentals, You may be granting a security interest in the Vehicle (and any proceeds) to IWC Rentals, and that this Rental Agreement may constitute a security agreement;
(b) any security interest arising under this Rental Agreement attaches to the Vehicle when You obtain possession of the Vehicle and not at any other time; and
(c) IWC Rentals may perfect its security interest by lodging a financing statement on the PPSA register.
9.3 IWC Rentals does not need to give You any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
9.4 You must do anything reasonably required by IWC Rentals to enable IWC Rentals to register its security interest, with the priority it requires, and to maintain the registration.
- CLAIMS AND PROCEEDINGS
10.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim (‘Incident’), or where damage or loss is sustained to the Vehicle or the property of any third party, You must ensure that You:
(a) promptly report the Incident to the local police (if required by law);
(b) promptly report the Incident in writing to IWC Rentals;
(c) do not, without IWC Rentals’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident;
(d) permit IWC Rentals or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name in relation to the Incident;
(e) permit or ensure that IWC Rentals may claim in Your name under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist IWC Rentals in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to IWC Rentals; and
(f) complete and furnish to IWC Rentals within a reasonable time any statement, information or assistance which IWC Rentals or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence;
10.2 If you do not comply with clause 10.1(b), and IWC Rentals is unable to investigate the Incident, IWC Rentals will debit all Rental Charges to Your Account pending receipt of Your report about the Incident.
10.3 IWC Rentals will hold You and the authorised driver liable for any hire costs, claims, excess fees, damage, costs in relation to any damage to the vehicle or anything else that may arise whatsoever jointly and severally.
- PAYMENT
11.1 At the end of the Rental Period, You must pay IWC Rentals:
(a) all Rental Charges;
(b) any amount paid or payable by IWC Rentals or You to any person arising out of Your use of the Vehicle or imposed on You or IWC Rentals by any government or other competent authority; and
(c) any amount for which You are liable to IWC Rentals under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. IWC Rentals will provide details to You of any amount payable under this clause 11.1(c).
11.2 Each Rental Charge calculated and invoiced to You at the time of the return of the Vehicle is subject to subsequent verification by IWC Rentals. If a Rental Charge is to be adjusted, IWC Rentals will provide details to You if IWC Rentals has Your contact details.
11.3 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) 10 days rentals at the ‘daily rate’ shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
11.4 Distance charges are measured from the Vehicle’s odometer.
11.5 You irrevocably authorise IWC Rentals to charge all and any amounts payable howsoever and whatsoever to IWC Rentals under the Rental Agreement to Your Account at anytime whether at the end of the rental agreement or at any time during the agreement. This includes all costs for tolls, fines, excess, demurrage or anything else whatsoever.
11.6 If You pay Your Rental Charges by debit card, You acknowledge that it may take up to 7–10 business days for Your financial institution to release any amount which has been authorised by that institution at the request of IWC Rentals under clause 11.5 which is in excess of Your Rental Charges.
11.7 IWC Rentals will pay, within a reasonable time, any refund due to You by such method as IWC Rentals may reasonably choose.
11.8 If you fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the amount, You must also pay IWC Rentals
(a) interest at 10% per annum (compounded daily) on the amount from the expiry of 14 days from the date on which You were required to pay the amount to the date of payment; and
(b) on and as demanded, IWC Rentals’ Collection Costs including interest on IWC Rentals’ Collection Costs calculated in accordance with Clause 11.8(a) from the date of demand.
- TERMINATION
12.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
12.2 Subject to clauses 6.2 to 6.6 (inclusive) and 11.3, You may terminate the Rental Agreement at any time by returning the Vehicle to IWC Rentals.
- PROPERTY IN VEHICLE
13.1 IWC Rentals is not liable to any person for any loss of, or damage to, any property:
(a) left in the Vehicle after its return to IWC Rentals; or
(b) stolen from the Vehicle or otherwise lost during the rental.
13.2You are responsible for any and all equipment, including but not limited to satellite navigation equipment and E-Toll Tag passes, provided to you by IWC Rentals in addition to your car hire. You acknowledge that the costs of any damage to or loss of this equipment will be payable by You upon demand by IWC Rentals.
- FURTHER CONDITIONS
14.1 You and the authorised driver must be aware and comply with the following conditions;
Driver’s Licence
You must have a current unrestricted Australian or International driver’s licence. Age restrictions apply.
Deposit
Credit Card required for deposit. The amount may be agreed at the time of booking, but is at IWC Rentals discretion.
Fuel
All fuel is at the hirer’s expense and is not included in the rates.
Parking
All traffic fines, tolls and parking infringements are at the hirer’s expense. $20.00 Administration fee applies to each form or declaration completed in relation to any toll notices or infringements.
Minimum Rental
The minimum rental period of the hire is 10 days.
24 Hour Clock
The daily rate is charged at 24 hour intervals. A vehicle will be charged at the full day’s rate if one hour into the new day.
Payment
This should be made by cash or credit card, cheques are not accepted unless otherwise agreed upon.
Pick-up and return of vehicle
Vehicle must be returned to point of hire. Pick-up and delivery can be arranged subject to prior arrangements being made.
Insurance Excess
Is payable upon any damaged caused to the hire vehicle regardless of liability. The insurance excess reduction is compulsory and is incorporated in the hire car fees.
Kilometres
100km free per day, $2.00 per km thereafter
Delivery
$250 delivery fee and $250 pick up fee applies 14.2 Should any clause in this agreement be held to be invalid or unconscionable, then this does not affect the entire agreement and does not sever the validity of the entirety in any way whatsoever.