RENTAL TERMS & CONDITIONS
River Auto Pty Ltd is a business operating in Australia renting cars, vans and SUVs to leisure and business travellers. We are committed to providing highest quality service and value for money.
- We provide a wide range of vehicles in excellent condition including new models;
- We work extended hours considering the needs of our customers; and
- We service and maintain our vehicles in accordance with manufacturers’ recommendations.
If the vehicle you rented becomes defective, or if you need any assistance, please feel free to contact us at any time on 0411520008 or 0422006030. We will make all possible efforts to address the issue immediately at no cost to you. We always welcome and appreciate your feedback and responses to our services. Please send your feedback and any suggestions through our website (www.riverauto.com.au) or by phone or email (email@example.com).
INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (“Rental Agreement”) between River Auto Pty Ltd and You is made on the date shown on the Rental Document. You have signed in respect of the Vehicle (“Rental Document”) that is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time.
“Authorised Driver / Joint Renter” means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter;
Your employer for a fellow employee, if either is engaged in activities that are incidental to Your business duties.
“Collection Costs” means River Auto’s reasonable costs of collecting unpaid rental charges from You (including River Auto’s legal costs) and River Auto’s administration fee of $132.00 (inc. GST) and it’s debt collection agents fee equal to 12% of the unpaid rental charges.
“Excess Amount” means the amount shown as Excess Amount on the Rental Agreement.
“Excess Reduction” means the product called Excess Reduction that You may purchase before the rental commences to reduce any excess amount payable.
“Loss Damage Waiver” means the loss damage waiver described on the Rental Agreement as LDW which reduces Your financial responsibility for loss damage to the Vehicle to the Excess Amount.
“Overhead Damage” means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens, or damage to the third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle.
“River Auto”, “We”, “Us”, “Our” means River Auto Pty Ltd ABN 78 651 769 505.
“Rental Charges” means the fees, costs, amounts and charges specified on the 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 River Auto Pty Ltd.
“Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy.
“Third Party Loss” means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
“Vehicle” means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by River Auto Pty Ltd.
“You” or “Your” refers to the person(s) with whom the Rental Agreement is made.
1.1. This contract to hire a Vehicle from River Auto (Rental Contract) consists of:
(a) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us; and
(b) these rental Terms and Conditions (Terms and Conditions).
1.2. The Rental Contract is governed by the laws of Queensland and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and River Auto.
1.3. The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.
1.4. We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.
2.1. Only You or an Authorised Driver can drive the Vehicle. Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.
2.2. You and any Authorised Driver must also have a valid licence to drive the Vehicle which is:
(a) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);
(b) appropriate for the class of the Vehicle; and
(c) not subject to any restriction or condition.
2.3. You and any Authorised Driver have been licenced to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence).
2.4. Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.
2.5. The Vehicle must not be driven if Your licence or the licence of any Authorised Driver has been cancelled, endorsed or suspended within the last three years.
3. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
3.1. You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
3.2. You and any Authorised Driver must not, unless authorised in writing by River Auto, drive or take the Vehicle:
(a) to Kangaroo Island; however, if so authorised, You and any Authorised Driver must not drive the Vehicle between dusk and dawn outside the town limits;
(b) to Fraser Island, Bruny Island, Groote Eylandt, to Gove Peninsula, Tiwi Islands, Stradbroke Islands, Moreton Island, or any island off the coast of Australia;
(c) into or out of the Northern Territory, Tasmania, or to any points in Western Australia north of Carnarvon;
(d) in Queensland:
(1) on Highway No. 27 beyond Chillagoe in a Westerly direction;
(2) on Highway No. 1 beyond Normanton in a Southerly direction and no further North than Karumba;
(3) if the Vehicle is a passenger vehicle or truck, beyond Cooktown to the North or Lakeland to the West and no further than Cape Tribulation on the Coast Road;
(4) on the Coast Road from Helensvale to Cape Tribulation, or from Laura to Lakeland unless the Vehicle is a Four Wheel Drive;
(e) in the snow (at anytime and anywhere (including Tasmania);
(f) above the snow line in:
(1) in New South Wales (being Jindabyne); or
(2) Victoria (being Bright); From the beginning of June until the end of September:
(g) on beaches or through streams, dams, rivers or flood waters;
(h) in the Northern Territory:
(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or
(2) outside any town or city limits between dusk and dawn.
(i) in Western Australia:
(1) to any parts North of Carnarvon;
(2) on the Gibb River, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Hollard Track;
(3) beyond 100 kilometres of the Perth city limits between dusk and dawn; or
(4) otherwise, outside any town or city limits between dusk and dawn outside any city limits between dusk and dawn.
4. USE OF THE VEHICLE
4.1. The Vehicle must not be driven by You or any Authorised Driver:
(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(b) recklessly or dangerously; or
(c) whilst the Vehicle is damaged or unsafe.
4.2. You and any Authorised Driver must not use the Vehicle:
(a) for any illegal purpose;
(b) to move or carry dangerous, hazardous, inflammable or corrosive goods or substances that pollute or contaminate, inquantities above that used for domestic purposes;
(c) to propel, push or tow another vehicle or a trailer;
(d) to carry illegal drugs or substances;
(e) 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 Vehicle manufacturer’s and River Auto’s recommendations;
(f) for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(g) in contravention of any law;
(h) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(i) in an unsafe or un-roadworthy condition.
4.3. You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(c) carry more than the number of passengers for which the Vehicle is licensed;
(d) carry any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced or
(e) allow the Vehicle to be used to carry passengers for payment or reward of any kind.
4.4. You and any Authorised Driver must not:
(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
4.5. You must pay for any unauthorised repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period.
4.6. You and any Authorised Driver must not carry any animal or pet in the Vehicle.
4.7. You and any Authorised Driver must not drive the Vehicle if River Auto has so directed You and any Authorised Driver.
4.8. You and any Authorised Driver or any passenger must not smoke in the Vehicle.
4.9. You and any Authorised Driver must not use a mobile phone or a GPS unit whilst the Vehicle is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used.
5. YOUR OBLIGATIONS, MAINTENANCE, SECURITY AND SAFETY
5.1. At the Start of the Rental and before collecting the Vehicle You must pay the anticipated Rental Charges and the Security Deposit.
5.2. The Security Deposit is fully refundable to You provided that:
(a) all amounts due to River Auto under the Rental Contract have been paid, including toll road charges and refuelling costs;
(b) the Vehicle has been returned to the Rental Location at the date and time set in the Rental Agreement;
(c) there is no Damage or Third Party Loss;
(d) the exterior and interior of the Vehicle are clean;
(e) the Vehicle has a full tank of fuel; and
(f) there has not been a Major Breach of the Rental Contract. We reserve the right to retain all or part of the Security Deposit if there is a breach of any of these conditions.
5.3. At the Start of the Rental You must also inspect the Vehicle to make sure that any pre-existing damage is noted and shown in the Rental Agreement.
5.4. You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority. An administration fee of $50 will be charged if We are required to nominate You as the responsible driver.
5.5. Even though We may have supplied a child restraint it is Your responsibility to ensure that for all children under the age of seven years the correct child restraint has been securely fitted in accordance with the child restraint manufacturer’s specifications according to the child’s weight and height as shown on the restraint.
5.6. You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in Your possession, or that of any Authorised Driver, at all times and are never left in the ignition when the Vehicle is unattended.
5.7. You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather, including making sure the vehicle is under cover during a hailstorm;
(c) maintaining the engine and brake oils and coolant level and tyre pressures;
(d) using the correct fuel type; and
(e) making sure it is not overloaded.
5.8. You must inform River Auto immediately if:
(a) a warning light or fault message appears;
(b) You see or become aware of low engine or brake oils, or engine coolant levels; or
(c) the Vehicle develops any fault during the Rental Period.
If You fail to notify River Auto and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
5.9. You must not service the Vehicle or have repairs to the Vehicle carried out or let anyone else repair or work on the Vehicle or tow or salvage it without River Auto’s prior written authority to do so.
5.10. Where River Auto have given You prior authority to repair the Vehicle You must keep and produce the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by River Auto. River Auto will reimburse You for any repairs to the Vehicle authorised by River Auto, provided that the cost of those repairs is verified to the extent that River Auto cannot verify the cost of repairs, River Auto will not reimburse You. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
5.11. You and River Auto acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.
5.12. You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.
6. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
6.1. Subject to these Terms and Conditions, and to the fullest extent permitted by applicable law, 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 an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause does not apply to any damage or loss for which River Auto is liable to You under this Rental Agreement.
Remember that references to the “Vehicle” include all of its parts, components, accessories and contents (see the definition of “Vehicle” in clause 1).
6.2. Subject to clause 6.3 of these Terms and Conditions if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Authorised Driver.
River Auto Pty Ltd:
(c) waives Your liability under clause 6.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
6.3. You must always pay, and clause 6.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,
in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle;
(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer;
(h) under any circumstances where the Vehicle and its keys are unsecured.
6.4. For the purposes of this clause 6, You must pay for any damage or repair that may be reasonably determined by River Auto the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the Vehicle.
If the amount determined by River Auto and paid by You under this clause 6.4 exceeds the final cost of the damage or repair, River Auto will refund the difference to You.
6.5. There is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Rental Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 85 years of age; or
(b) Loss of Use;
(c) Damage to the tyres and windscreen of the Vehicle other than normal wear and tear, except where You have selected Platinum cover as specified in the Rental Agreement;
(d) Underbody Damage; and
(e) Damage caused by immersion of the Vehicle in water, except where the Vehicle has been totally or partially immersed in water whilst utilising a car ferry service or the Vehicle was parked in a place where it was reasonable and legal to park and unattended by You at the time of the immersion.
6.6. There is no Damage Cover for:
(a) any injury, loss or damage to:
(i) animals or stock; or
(ii) goods or property carried in a Vehicle, and You agree to fully indemnify River Auto for any injury, loss or damage that occurs during the Rental Period;
(b) the full cost of replacing or repairing any accessories supplied by River Auto including, but not limited to GPS units, lost keys, keyless start and remote control devices; or
(c) personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
(i) You or an Authorised Driver;
(ii) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
(iii) any relative, friend or associate of an Authorised Driver; or
(iv) Your employees.
7. RETURN OF VEHICLE
7.1. You must return the Vehicle to River Auto:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to River Auto the cost to refuel the Vehicle).
7.2. You must return the Vehicle to a River Auto’s location during Our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
(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) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the River Auto’s standard rate for the Vehicle for the Rental Period.
7.4. River Auto may request the immediate return of the Vehicle, or River Auto may re-take the Vehicle without notice, if River Auto reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to occur; or
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay River Auto any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
7.5. River Auto reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
8. CLAIMS AND PROCEEDINGS
8.1. Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to River Auto;
(c) not, without River Auto’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit River Auto or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that River Auto may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, River Auto in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to River Auto;
(f) complete and furnish to River Auto within a reasonable time any statement, information or assistance which River Auto or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
9. RENTAL PERIOD, PAYMENT, COSTS AND CHARGES
9.1. The Rental Agreement shows:
(a) the Rental Period for which You have hired the Vehicle; and
(b) the Rental Charges.
9.2. You must return the Vehicle on the date and by the time shown in the Rental Agreement. If You fail to return the Vehicle, River Auto may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
9.3. Unless We have no less than 24 hours’ prior notice of Your intention to return the Vehicle earlier than the return date and time shown in the Rental Agreement, there is no entitlement to a refund.
9.4. If You return the Vehicle:
(a) more than one hour after the date and time set for its return in the Rental Agreement, We will charge You $25 per hour up to one full day’s rental and a further full day’s rental at the standard rate for each 24 hour period or part thereof until the Vehicle is returned to River Auto; or
(b) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Location next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.
9.5. If You return the Vehicle with less than a full tank of fuel a refuelling charge of $20 (including GST) plus the cost of the fuel, will apply.
9.6. River Auto has unlimited mileage for all Rental Vehicles.
9.7. At the end of the Rental Period, You must pay River Auto on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by River Auto or You to any person arising out of Your use of the Vehicle or imposed on You or River Auto by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to River Auto under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
9.8. At the End of the Rental You must:
(a) return the Vehicle:
(i) in the same condition it was in at the Start of the Rental, fair wear and tear excepted; and
(ii) with a full tank of fuel;
(b) pay River Auto on demand:
(i) the balance of the Rental Charges (if any);
(ii) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(iii) any amount paid or payable by River Auto or You to any person arising out of Your use of the Vehicle or imposed on You or River Auto by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges);
(iv) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(v) any costs We incur, including extra cleaning costs, in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded;
(vi) any amount for which You are liable to River Auto under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise;
(vii) for all Underbody Damage; and
(viii) for any Damage caused by the immersion of the Vehicle in water, except the total or partial immersion occurred whilst utilising a car ferry service or the Vehicle was parked in a place where it was reasonable and legal to park and unattended by You at the time of the immersion.
9.9. Credit card authority
If any amount is due to River Auto under the Rental Contract, including the Damage Excess payable under clause 6, or remains unpaid You authorise River Auto to debit Your credit card with that amount within a reasonable time after the End of the Rental.
9.10. Interest on outstanding amounts
Amounts owing to River Auto pursuant to clause 9.8(b) accrue interest at the rate of 10% per annum commencing 14 days after the End of the Rental.
9.11. Default in payment
If You default in the payment of any moneys owed to River Auto under the Rental Contract, You authorise River Auto to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to River Auto.
9.12. The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to one day’s rental at the “daily rate” shown on the Rental Document
9.13. You authorise River Auto to charge all moneys payable to River Auto under the Rental Agreement to Your credit card or charge account.
9.14. River Auto will pay any refund due to You by such method as River Auto may reasonably choose.
10. TOLL CHARGES
10.1. An electronic tag (e-tag) is fitted for use of the Vehicle on toll roads and the e-tag must not be removed from the Vehicle.
10.2. All toll charges will be debited from Your nominated credit card within a reasonable time after We receive an invoice from the toll road operator.
11. LIABILITY OF RIVER AUTO
11.1. Unless it is negligent, River Auto is not liable to any person, and You indemnify River Auto, for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to River Auto.
12. CONSUMER RIGHTS STATEMENT
12.1. All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
Your consumer rights are not excluded, modified, or restricted 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 or Territory fair trading authorities.
13. CANCELLATION AND TERMINATION
13.1. If You fail to notify River Auto of Your intended cancellation less than 24 hours prior to the Start of the Rental You will be charged a cancellation fee of $100.00.
13.2. If You cancel 24 hours or more prior to the Start of the Rental, You will not be charged any cancellation fees.
13.3. Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
13.4. You may terminate the Rental Agreement at any time for any other reason.
13.5. If the Rental Agreement is terminated early for any reason other than a breach by River Auto, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
14. ACCIDENTS OR BREAKDOWNS
14.1. River Auto will provide a Vehicle of acceptable quality and in good working condition, but breakdowns do occur. Twenty-four-hour roadside assistance is provided free of charge for breakdowns, and in the event of a breakdown or accident You must contact Us on 0422006030.
14.2. If the fault cannot be rectified immediately, we will recover and repair the Vehicle as soon as possible but if it cannot be repaired, we will use Our best endeavours to provide a replacement Vehicle where one is available.
14.3. River Auto is not responsible for:
(a) damage as a result of use of the incorrect fuel type;
(b) a flat battery because the lights or entertainment system have been left on;
(c) tyre changing;
(d) lost keys or remote control device; or
(e) keys or remote control device locked in the Vehicle. Extra charges will apply if any of these services are provided at Your request.
14.4. Subject to the Australian Consumer Law, River Auto is not responsible for:
(a) flights You have missed;
(b) holiday plans that are disrupted;
(c) loss of enjoyment; or
(d) consequential or economic loss.
15. ACCIDENT REPORTING
15.1. If You or an Authorised Driver has an Accident or if the Vehicle is stolen, you must report the Accident or theft to Us immediately and fully complete an Accident/Theft report form.
15.2. If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol, You or the Authorised Driver must also report the theft or Accident to the Police.
15.3. If You or an Authorised Driver has an Accident You and the Authorised Driver must:
(a) exchange names and addresses, telephone numbers and email addresses with the other driver;
(b) take the registration numbers of all vehicles involved;
(c) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(d) obtain the names, addresses and phone numbers of all witnesses;
(e) must not:
(i) make any admission of fault;
(ii) promise to pay the other party’s claim; or
(iii) release the other party from any liability;
(f) forward all third party correspondence or court documents to River Auto within 7 days of receipt; and
(g) co-operate with River Auto in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or River Auto as a result of an Accident, including attending:
(i) River Auto’s lawyer’s office; or
(ii) any Court Hearing.
16. CONSEQUENCES OF A MAJOR BREACH OF THE RENTAL CONTRACT
16.1 If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, has occurred,
You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur as a direct consequence.
16.2. Acting reasonably, River Auto may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of clause 16.1 has occurred.
17.1. The Rental Agreement contains the whole agreement between the parties.
17.2. Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
17.3. The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
18.1. We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
18.2. All Our Vehicles are equipped with a GPS Tracking Device and a Dash Camera to enable Us to track the Vehicle when it is out of Our possession. When You sign the Rental Agreement, You are authorising River Auto to use the GPS Tracking Device to track the Vehicle until it is returned to River Auto.
19. PRESUMPTIONS AND INTERPRETATION
19.1. Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
19.2. Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.