Contents
Understanding Terms & Conditions2Definitions & Interpretation3Rental Period (1)7Drivers (2)8Conditions of Use (3)9Fuel (4)11Liability for Accidents (5)11Roadside Assistance (6)13Excess Liability (7)14Cover Options & Waivers (8)15Other Fees & Charges (9)17Security Deposits (11)18Road Tolls (12)19Assignment (14)20Annexure A – Pricing Schedule24Annexure B – Exceptions25
Understanding the Terms and Conditions
What is the Terms and Conditions?
Terms & Conditions is in alignment with the Rental Agreement and is entered between HV Car Rentals Pty Ltd and/or AAce Car Rentals Pty Ltd both trading as Cheaper Car Rentals (hereinafter also referred to interchangeably as “the Company” or “Cheaper Car Rentals”) and You (Renter). The Rental Agreement is made on the date shown on the Rental Document in respect of the Vehicle and is made up of the Rental Document and these Terms and Conditions. It sets out our responsibilities to the Renter and the Renters responsibilities to the Cheaper Car Rentals when renting a vehicle and purchasing any optional extras.
When does the rental agreement become legally binding?
The Rental Agreement will become legally binding when the Renter signs the Rental Document upon picking up of the vehicle from Cheaper Car Rentals.
What am I signing?
ABy signing the Rental Agreement, the Renter agrees to be bound by the Cheaper Car Rentals’ Terms & Conditions and all information specified in this document. [cite: 482]
B
A breach of terms and conditions may result in the following:
i. Termination of booking prior or any remaining days
ii. Waiver any rights to excess reduction options if purchased and is liable for all cost associated with any loss/stolen or damage including demurrage.
CThe Renter is agreeing for Cheaper Car Rentals to charge any additional costs/fees occurred during your rental to your Credit Card, Debit Card or any other nominated account.
DIn some cases, we work with third party partners intermediaries. Whether you book directly with Cheaper Car Rentals or through a third-party partner intermediary, you will always enter in the Rental Agreement with the relevant representative of Cheaper Car Rentals.
Reservation and General Inquiries
Email: enquiries@cheapercarrentals.com.au
Phone: 1300 853041
Customer Resolution Service
Email: customerservice@cheapercarrentals.com.au
Definitions and Interpretation
In this document the following definitions apply unless the context requires otherwise:
Accessory
Means any equipment set out in the Rental Document, including (as applicable) any global positioning system receiver or similar device, dash cam, or any child restraint, booster or similar equipment.
Means any equipment set out in the Rental Document, including (as applicable) any global positioning system receiver or similar device, dash cam, or any child restraint, booster or similar equipment.
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.
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
Means the Renter and any additional driver who is named in Part A of the Rental Agreement, but will exclude without exception any driver who is under the age of 21 years.
Means the Renter and any additional driver who is named in Part A of the Rental Agreement, but will exclude without exception any driver who is under the age of 21 years.
Bond
Means any deposit amount (or similar) given to Cheaper Car Rentals by the Renter or held in favour of Cheaper Car Rentals (including but not limited to an amount charged or similarly held by way of credit or debit card charge) to be held for the duration of the period of the Rental Agreement and for up to 14 days after the end of the Rental Agreement.
Means any deposit amount (or similar) given to Cheaper Car Rentals by the Renter or held in favour of Cheaper Car Rentals (including but not limited to an amount charged or similarly held by way of credit or debit card charge) to be held for the duration of the period of the Rental Agreement and for up to 14 days after the end of the Rental Agreement.
Cheaper Car Rentals
Means A Ace Car Rentals Pty Ltd (ACN 005 937 413) and HV Car Rentals Pty Ltd (ACN 628 841 663) interchangeably.
Means A Ace Car Rentals Pty Ltd (ACN 005 937 413) and HV Car Rentals Pty Ltd (ACN 628 841 663) interchangeably.
Collection Costs
Means Cheaper Car Rentals reasonable costs of collecting unpaid rental charges from the Renter (including Cheaper Car Rentals legal costs).
Means Cheaper Car Rentals reasonable costs of collecting unpaid rental charges from the Renter (including Cheaper Car Rentals legal costs).
Cover
Refers to the protection provided by Cheaper Car Rentals insurer against specific risks or events as outlined in their policy.
Refers to the protection provided by Cheaper Car Rentals insurer against specific risks or events as outlined in their policy.
Driver
Means the driver of the Vehicle at any point in time, the Renter, and the Authorised Driver.
Means the driver of the Vehicle at any point in time, the Renter, and the Authorised Driver.
Excess
Refers to the fixed amount or percentage of a claim that the Cheaper Car Rentals is required to pay out-of-pocket before its insurer’s obligation to make a payment under the policy begins.
Refers to the fixed amount or percentage of a claim that the Cheaper Car Rentals is required to pay out-of-pocket before its insurer’s obligation to make a payment under the policy begins.
Excess Amount
Means the amount shown as Excess Amount on the Rental Agreement.
Means the amount shown as Excess Amount on the Rental Agreement.
Fair Wear and Tear
Means Fair Wear and Tear described in Annexure B and does not include damage (as set out in that annexure).
Means Fair Wear and Tear described in Annexure B and does not include damage (as set out in that annexure).
Insurance Policy
Means a policy of liability insurance arranged by Cheaper Car Rentals for the Renter and an Authorised Driver’s 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 the Renter or an Authorised Driver.
Means a policy of liability insurance arranged by Cheaper Car Rentals for the Renter and an Authorised Driver’s 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 the Renter or an Authorised Driver.
Late Return Charge
Means a single charge payable by the Renter if the Renter do not return the Vehicle on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with Cheaper Car Rentals.
Means a single charge payable by the Renter if the Renter do not return the Vehicle on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with Cheaper Car Rentals.
Loss and Damage Waiver
Is defined in clause 8.9.
Is defined in clause 8.9.
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.
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 (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 the Renter or any person standing or sitting on the roof of the Vehicle.
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 the Renter or any person standing or sitting on the roof of the Vehicle.
Personal Use Only
Means the utilisation of the Vehicle strictly for the Renter’s private, non-commercial activities. This includes but is not limited to: commuting to and from personal destinations, running personal errands, and recreational travel.
Means the utilisation of the Vehicle strictly for the Renter’s private, non-commercial activities. This includes but is not limited to: commuting to and from personal destinations, running personal errands, and recreational travel.
Refuelling Service Fee
Means the cost of fuel per litre plus Cheaper Car Rentals’ reasonable costs associated with arranging to fill the Vehicle with fuel.
Means the cost of fuel per litre plus Cheaper Car Rentals’ reasonable costs associated with arranging to fill the Vehicle with fuel.
Rental Charges
Means the fees, costs, amounts and charges specified on the Rental Agreement.
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 the Renter return the Vehicle to Cheaper Car Rentals to the agreed drop off location as advised by Cheaper Car Rentals.
Means the period commencing on the date shown on the Rental Document and ending on the date that the Renter return the Vehicle to Cheaper Car Rentals to the agreed drop off location as advised by Cheaper Car Rentals.
Renter
Means the party noted as the Renter in the Rental Agreement.
Means the party noted as the Renter in the Rental Agreement.
Roadside Callout Fee
Means a charge for an individual roadside assistance callout event.
Means a charge for an individual roadside assistance callout event.
Snow Line
Refers to the lowest elevation or geographical boundary in a given area at which snow typically accumulates and remains on the ground during a particular season.
Refers to the lowest elevation or geographical boundary in a given area at which snow typically accumulates and remains on the ground during a particular season.
State
Means a state within Australia including New South Wales, Victoria, Queensland, Western Australia, South Australia and the island of Tasmania.
Means a state within Australia including New South Wales, Victoria, Queensland, Western Australia, South Australia and the island of Tasmania.
Substitute Vehicle
Means a replacement vehicle provided to the Renter.
Means a replacement vehicle provided to the Renter.
Substitute Vehicle Insurance
Means a policy of motor vehicle insurance held by the Renter or an Authorised Driver which covers the Renter or the Authorised Driver while the Renter or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy.
Means a policy of motor vehicle insurance held by the Renter or an Authorised Driver which covers the Renter or the Authorised Driver while the Renter or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy.
Territory
Means Northern Territory or Australian Capital Territory.
Means Northern Territory or Australian Capital Territory.
Underbody Damage
Means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Cheaper Car Rentals considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage.
Means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Cheaper Car Rentals considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage.
Vehicle
Means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Cheaper Car Rentals.
Means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Cheaper Car Rentals.
You or Your or Renter
Refers to the person(s) with whom the Rental Agreement is made
Refers to the person(s) with whom the Rental Agreement is made
our Consumer Rights We, Our and Us
means the Renter rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law, which cannot be excluded, restricted or modified by this Rental Agreement; and refers to Cheaper Car Rentals.
means the Renter rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law, which cannot be excluded, restricted or modified by this Rental Agreement; and refers to Cheaper Car Rentals.
In this Agreement, unless expressed to the contrary:
(a)headings are for convenience and do not affect the interpretation of this Agreement; and
(b)words in the singular include the plural and vice versa;
(c)a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this Agreement.
(d)if any act which must be done under this agreement is to be done on a day that is not a Business Day, then the act must be done on or by the next Business Day.
(e)a reference to any legislation includes subordinate legislation and all amendments, consolidations or replacements from time to time.
(f)if a word or phrase is defined in this agreement than any other grammatical form of the word or phrase shall have a corresponding meaning;
(g)a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity.
(h)“includes” and similar words mean includes without limitation.
(i)no clause of this Agreement shall be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it.
(j)a reference to a Party includes the Party’s legal personal representatives, successors, assigns and persons substituted by novation.
(k)a reference to this or any other agreement includes the Agreement, all schedules and annexures as novated, amended or replaced and despite any change in the identity of the Parties.
(l)a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally.
(m)a reference to “$” or “dollars” refers to the currency of Australia from time to time;
(n)a reference to a thing (including a right) includes any part of that thing; and
(o)a reference to a right includes a remedy, power, authority, discretion or benefit.
Schedules and annexures:
If there is any inconsistency between the Schedules and annexures to this Agreement and the operative clauses of this Agreement, the operative clauses take precedence to the extent of the inconsistency.
1 Rental Period
(1.1)The Rental Period commences on the date & time shown on the Rental Document and ends on the date and time specified on the Rental Document.
(1.2)The Renter must notify Cheaper Car Rentals of any late returns and agree to pay any late fees that may apply.
(1.3)Any extensions or changes to the Rental Period inc. date, time and/or location, must be notified within a minimum of 24 hours’ prior (Subject to availability and in agreeance from Cheaper Car Rentals). Any changes to the original agreement may incur fees.
(1.4)If extension has been granted, you understand that price may vary and maybe charged for additional days at the current going rate at the time.
(1.5)Important: If the Renter have not returned the Vehicles by the return Date & Time without any agreed extension, Cheaper Car Rentals may immediately report the vehicle to the police as stolen and/ or use GPS tracking to retrieve the vehicle without prior notice.
(1.6)Cheaper Car Rentals reserves the right to take possession of the Vehicles at is sole discretion without prior demand and Renter is liable for any expense if there has been any breach of Terms & Conditions
(1.7)If you have Return the vehicle outside of Location business hours without prior consent the vehicle will be deemed to have been returned at the time the return location reopens the following day, and your will be liable for late return fees.
(1.8)It is the Renter’s responsibility to Remove all personal belongings; Cheaper Car Rentals bears no responsibility for personal items left in the vehicle from Renter nor any passenger.
(1.9)Renters must return the vehicle in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted as stated in the Terms & Conditions.
(1.10)The vehicle must be in a reasonably cleaned condition & rubbish to be removed. If Vehicle is returned is an unreasonable condition the Renter will be charged additional fees.
(1.11)The Renter must return the vehicle with the equivalent level of fuel marked on the rental agreement to avoid being charge fuel service fees.
2 Drivers
(2.1)Only the Renter is authorised to drive the vehicle unless the Renter has declared and paid for each additional driver to be an Authorised Driver.
(2.2)If an additional driver has been declared and paid for, then the Renter & Authorised Drivers listed in the Rental Agreement may drive the Vehicle.
(2.3)All Authorised Drivers must hold a current and valid licence (not being a restricted licence, learner’s licence, provisional licence, or probationary licence) to drive the Vehicle and have been licenced to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Document
(2.4)Drivers under the age of 25 will incur a fee of $16.60 per day. If a person under the age of 25 is nominated as an Authorised Driver, then the additional drivers fee will also apply.
(2.5)All Authorised Drivers consent to Cheaper Car Rentals verifying their driving licence status, details, and records with local authorities in Australia including via Driver Check managed by the Australian Regulatory Authorities such as VicRoads or the Police.
(2.6)The Renter is responsible for the acts and omissions of each Authorised Driver and any other person. If an unauthorised person is found driving, this is deemed as a breach of these Terms & Conditions, and the Renter and any Authorised Driver or unauthorised driver will waive the benefits of the Loss and Damage Waiver option, and the Excess Reduction option (if accepted or included in the Renter Rental Charges). If accident or damage occur whilst the vehicle is in possession of the unauthorised driver, then the Renter is liable for the total cost of damage to the rental car, any third party property and the loss of any rental income while vehicle is not in service.
(2.7)Cheaper Car Rentals may refuse to allow you or any additional driver to drive the Vehicle who:
(a)does not hold a valid and current driving licence for the entire Rental Period;
(b)has not brought an international driving licence or official translation (if applicable);
(c)has not held their licence for the minimum period of 12 consecutive months; and/or
(d)has driving-related convictions; or who does not meet our reasonable identity, security, driving licence or credit checks.
(2.8)If you have been permitted by Cheaper Car Rentals to use the Vehicle in
connection with trips arranged through the Uber technology platform, you
agree, acknowledge and warrant that:
connection with trips arranged through the Uber technology platform, you
agree, acknowledge and warrant that:
(e)The Renter will only use the Uber technology platform and no other ride sharing platform; and
(f)the Renter and any Authorised Drivers are not under 25 years of age; and
(g)the Renter and any Authorised Drivers are not over 75 years of age; and
(h)the Renter and any Authorised Drivers are currently licensed to drive the Vehicle and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence); and
(i)the Renter and any Authorised Drivers have not had their driver’s licence cancelled, endorsed or suspended within the last three years; and
(j)the Renter and any Authorised Drivers have not had more than two (2) at-fault motor vehicle accidents in the last five years;
(Uber Driver Additional Conditions)
3 Conditions of use
(3.1)The Vehicle and its properties, remain the property and ownership of Cheaper Car Rentals & cannot be sold, traded or sublet. [cite: 230]
(3.2)The Vehicles will be used for Personal Use Only and it is understood that Cheaper Car Rentals DOES NOT allow their cars to be used for commercial purposes. [cite: 231]
(3.3)The Vehicle must only be driven within the state that the Vehicle was hired from. [cite: 233] If Vehicle is found to be driven outside of the state lines without prior authorisation, the renter is in breach of the Terms and Conditions. [cite: 234]
(3.4)All drivers must only drive on roads which are properly formed and constructed as a sealed, metalled or gravel road. [cite: 236]
(3.5)The Renter and any Authorised Drivers are not permitted to dive on: [cite: 238]
(a)on beaches, in any sand, through streams, rivers or flood waters; [cite: 239]
(b)on fire trails; and [cite: 240]
(c)in the snow or above the Snow Line, unless the Renter has complied with (Snow Cover clause 8.2) and by purchasing Snow Cover. [cite: 242, 243]
(3.6)The Renter and any Authorised Driver must: [cite: 246]
(a)not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind; [cite: 246]
(b)not allow the Vehicle to be used to tow or push anything; [cite: 247]
(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 and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint; [cite: 248]
(d)not carry, or allow the vehicle to carry, a greater load than that for which it was built; [cite: 249]
(e)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; [cite: 250]
(f)not refuse to provide or allow the taking of a sample of breath, blood or urine for testing or analysis as required by law in the State or Territory in which the Vehicle is driven; [cite: 251]
(g)save for the exception in paragraph 2.7(d) herein, not allow the Vehicle to be used to carry passengers for payment or reward of any kind, including but not limited to rideshare services or work of any type, other than in connection with a trip arranged through the Uber technology platform where the Renter or the Authorised Driver fully comply with the Uber Driver Additional Conditions, or under a private car-pooling arrangement; [cite: 252]
(h)not allow the Vehicle to be used for courier work or food delivery; [cite: 253]
(i)not use the Vehicle when it is damaged or unsafe; [cite: 254]
(j)not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the Renter cost) and in accordance with the Vehicle Manufacturer’s Specifications and Cheaper Car Rentals recommendations; [cite: 255]
(k)not use the Vehicle for the conveyance or towing of any load unless you have Cheaper Car Rentals prior written consent; [cite: 256] and if such consent is given not allow or cause the Vehicle to carry a load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed; [cite: 257]
(l)not, without Cheaper Car 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; [cite: 258]
(m)not use the Vehicle in contravention of any law. [cite: 260]
(3.7)The Renter 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. [cite: 261]
(3.8)The Renter and any Authorised Driver must not drive the Vehicle if Cheaper Car Rentals has so directed the Renter and any Authorised Driver. [cite: 262]
(3.9)The Renter and any Authorised Driver or any passenger must not smoke in the Vehicle. [cite: 263]
4 Fuel
(4.1)The Renter must: [cite: 264]
(a)Use the fuel type specified in the Manufacturer’s Specifications, located on fuel cap; [cite: 264]
(b)Pay for any damages incurred if found using incorrect fuel; [cite: 265]
(c)Return the Vehicle with the equivalent level of fuel marked on the Rental Agreement; [cite: 266] and
(d)To pay for any shortfall of fuel at a rate of $5.50 per litre if not returned at the equivalate level stated in the Rental Agreement. [cite: 267]
5 Liability for accidents, loss and damages
(5.1)Cheaper Car Rentals is not an insurer but offers the facilities of its insurer to provide cover to rental customers under the terms of the Rental Agreement. [cite: 268]
(5.2)The Renter is responsible for any loss, stolen or damages to the vehicle, whilst the vehicle is in their possession, regardless of whether an Authorised Driver or the renter has engaged the vehicle or it is stationary. [cite: 269]
(5.3)The Renter is liable for the full cost of loss, stolen or damages to the Vehicle and damages to any third party’s property including loss of rental income whilst the Vehicle is not in service. [cite: 270]
(5.4)The Renter is liable to pay for damage or loss of any equipment rented including GPS units, E-tags, child seats, trolleys, keys, and tyre change equipment. [cite: 271]
(5.5)It is Driver’s responsibility to report all accidents, loss/theft, and any damages to Cheaper Car Rentals within four (4) hours of the incident occurring. [cite: 272] After hours reporting can be made by leaving a message on the after-hours phone number located on the website. [cite: 273]
(5.6)In the event of an accident involving another Vehicle, whether at fault or not, it is the responsibility of the Driver to document other parties’ information at the time of incident, including: [cite: 736]
(a)The name of all parties involved; [cite: 736]
(b)A photo of the other parties’ Drivers Licence (back and front) or otherwise all details listed on the licence including but not limited to their: [cite: 737]
(i) full name;
(ii) date of birth;
(iii) address;
(iv) license number;
(v) license class;
(vi) any conditions; and
(vii) license status.
(c)Other vehicles registration number/s;
(d)Photos of the damage to all vehicles involved in the accident; and
(e)Insurance details, if any.
(5.7)It is the Drivers responsibility to complete an accident/damage report as soon as physically able and understand that the accident/damage report must be true and accurate description of the incident. Should the Renter or any Authorised Drivers fail to comply with any conditions of this contract, all losses arising out of any accident or damage caused shall be at the Renters expense.
(5.8)The Renter is responsible for the expense of towing and returning the Vehicle to the nearest depot or to an authorised repairer nominated by Cheaper Car Rentals.
(5.9)Damage caused by bodies of water and/increment weather, natural disaster, or an unexpected natural occurrence such as collision with an animal, fallen tree/branch, foreign object or debris damage are NOT covered by the insurance policy.
(5.10)At the discretion of Cheaper Car Rentals, in the event of an accident, the Renter is not entitled to a refund, and may not be entitled to a replacement Vehicle.
(5.11)In respect of purchasing Loss and Damage Waiver or Excess Reduction Option, the Renter will be charged administration fees and any downtime meaning the loss of rental income each day the Vehicle is out of service charges above the applicable Excess.
(5.12)Cheaper Car Rentals is not liable to any person/s for loss or damage to any personal property left in the Vehicle by the Renter, an Authorised Driver or any passenger.
(5.13)If any Driver is found to be in breach of conditions of the rental agreement, you will waive any coverage and the benefits of the Excess Reduction Option (if accepted or included in the Renter Rental Charges).
(5.14)Breaches to Cover include:
(a)Failure to pay outstanding Rental Charges and/or Excess fee;
(b)Failure to report any new damages that was not recorded upon initial inspection;
(c)Damage caused by any driver under 21 years of age or with under 2 years of driving experience;
(d)Any driver who knowingly provides us with false or misleading information;
(e)Damages that require full replacement of tyre or windscreen/windows;
(f)Damage caused by attaching any equipment to the vehicle such as roof racks, bike racks or snow chains;
(g)Damage caused as a result of loading or unloading the Vehicle;
(h)Damage caused by using the wrong type of fuel;
(i)Damage which the driver or any passenger causes deliberately, carelessly, maliciously, or recklessly including mechanical damage; and
(j)Overhead Damage or Underbody Damage resulting from encounters with any type of structure, including but not limited to, another vehicle, bridge, tunnel, tree, roof, or boom gate. Damage to the undercarriage involving but not limited to, the exhaust systems, suspension and chassis caused by careless driving over gutters, kerbs, or driving along poor-quality roads at excessive speed in which Cheaper Car Rentals has reasonable grounds to deem the damage had been caused by negligence.
6 Roadside assistance
(6.1)All vehicles come with full roadside assistance in Victoria through RACV. Please call 13 11 11 and quote member number 93609 or for RACQ please call 13 19 05 and use barcode located on the windscreen of the Vehicle.
(6.2)If the Vehicle has any inherited mechanical or non-mechanical issues which deems the Vehicle unsafe or non drivable, you must NOT continue to use the Vehicle notify the rental company immediately and if required to contact the Roadside for assistance.
(6.3)In the case of the Vehicle being deemed unsafe or non drivable by RACV/Q or an authorised mechanic and cannot be repaired in a timely manner, a Substitute Vehicle will be offered which is subject to Cheaper Car Rentals discretion and availability.
(6.4)If it has been determined that any damages, breakdowns and/or loss of property such as keys had been caused by negligence or by any of the conditions outlined herein, Cheaper Car Rentals reserves the right to cancel any remining hire days with no refund and recover any costs for call out fees &/or towing if used, loss of property, all damages including any incurred by a third-party and the loss of any rental income for each day or part thereof that the vehicle is not service[cite: 303].
7 Excess liability
(7.1)In the event of an accident, damage to the vehicle, theft of the vehicle or the vehicle is otherwise lost, the Renter will be charged the applicable Excess Amount as stated in the Rental Agreement. Cheaper Car Rentals will debit your Credit Card/Debit or other nominated Account the Excess Amount within 24 hours of becoming aware of the incident.
(7.2)Failure to pay the Excess Liability as stated on the agreement within 24 hours, will be classified as a breach of these Terms & Conditions and the Renter will waive any cover, rendering the Renter liable for the:
(a)Full cost of damages and/or loss to Vehicle including loss of income whilst the vehicle is not in service or possession of Cheaper Car Rentals;
(b)The costs to repair damages to any third party or their property caused directly or indirectly by the Renter; and
(c)Monies associated with legal fees, enforcement costs or debt collectors incurred by Cheaper Car Rentals.
(7.3)The Renter is still liable to pay the applicable excess amount regardless of whether a third party is determined to be at fault or indicates agreement to pay the entirety of the costs and fees associated with clause 7.1. If a third party nominates to pay for the costs to repair damage to the vehicle and any applicable fees, including loss of income charges, only upon the receipt of payment from the nominated third party will the Excess Amount be refunded to the Renter.
(7.4)Accident administration fees, call out and/ towing service costs, as well as payment for loss of rental income while the Vehicle is off road is in addition to the Excess payment.
(7.5)The Renter warrants that they have been informed about the Excess Reduction Option as described in clause 8. The purchase of any Excess Reduction Option is up to the Renter’s discretion and will determine the amount of Excess payable. The Renter authorises Cheaper Car Rentals to charge the Excess liability to the Renter’s Credit Card/Debit or other nominated Account in the event of an accident regardless of cause/fault.
(7.6)If the Renter has purchased insurance through a third party, the Renter remains liable to pay the full excess plus any associated fees upfront. Any refund sought for that payment is to be recuperated by the Renter through the third-party insurer’s claims process.
8 Excess Reduction option, Snow Cover, Tyre & Windscreen Cover and Loss and Damage Waiver
Excess Reduction
8.1The purchase of the Excess Reduction Option is up to the Renter’s discretion and must be added prior to leaving the rental location.The Excess Reduction Option cannot be purchased after departure from the rental without the vehicle being returned to the location and inspected by Cheaper Car Rentals.
Snow Cover
8.2Despite the prohibition in clause 3 (Conditions of Use) which restricts from driving in the snow or above the Snow Line, you are permitted to drive the Vehicle on snow or above the Snow Line provided:
(a) the Renter accepted and paid for Snow Cover at the time of collecting the Vehicle;
(b) the Renter use appropriate driving equipment (such as snow chains) suitable to the Vehicle, which the Renter obtained from us or which we approved as to be used by the Renter when the Renter pick up the Vehicle;
(c) and it is otherwise reasonably safe and responsible to drive the Vehicle on snow or above the Snow Line in the circumstances and weather conditions.
8.3Snow Cover is not available at all locations and the price of Snow Cover may vary from location to location.
8.4It is the Renter’s responsibility to inform Cheaper Car Rentals of their intention to drive in snow condition and we will then inform the Renter of the cost of Snow Cover applicable to you at the time of booking or upon pick-up from selected location.
8.5Snow equipment may be available for hire from the pick-up location for an additional fee, but its availability is not guaranteed.
8.6If the Renter purchases Snow Cover and snow equipment is not available from location, the Renter is able to use of their own snow equipment or equipment hired from a third party subject to Cheaper Car Rentals’ approval.
Tyre & Windscreen Cover
8.7Tyre & Windscreen Cover is available for purchase as an optional extra at an additional fee. Windscreen and Tyre Cover covers the Renter for “chips” on the front or back windscreen, all side window glass and the puncture of any tyres, including the spare tyre.
8.8Tyre & Windscreen Cover does not cover the full replacement of the front or back Windscreen, side window glass, vehicle mirrors, headlights, full Tyre replacements and damage to any part of the wheel including the hubcap, rim, and alloy wheels, or damage to the Vehicle caused by a breach of this Agreement.
Loss and Damage Waiver
8.9Loss and Damage Waiver (LDW) refers to optional coverage made available by Cheaper Car Rentals that the Renter may purchase to limit or waive their financial liability for loss or damage to the Vehicle, subject to the terms and conditions outlined below:
(a) Coverage scope:
(i) repair costs for damage to the Vehicle resulting from accidents, collisions, vandalism, or other covered perils;
(ii) value of the Vehicle in the event of theft or total loss;
(iii) and related administrative fees, towing charges, and loss of use fees incurred by Cheaper Car Rentals while the vehicle is being repaired or replaced.
(b) Exclusions:
(i) Damage or loss occurring when the Vehicle is driven by an unauthorised driver or used in violation of the Rental Agreement or these Terms and Conditions;
(ii) Damage resulting from reckless driving, off-road use, driving under the influence of alcohol or drugs, or other negligent actions;
(iii) Use of the Vehicle for commercial purposes, racing, or any illegal activities;
(iv) and Personal belongings or equipment inside the vehicle are not covered under this Cover.
(c) Conditions:
(i) LDW must be purchased at the time of executing the Rental Agreement and is subject to an additional daily fee;
(ii) Claims must be reported promptly, and the Renter must cooperate with the Cheaper Car Rentals and any involved insurance providers in the claims process;
(iii) and Coverage may only be valid within specified geographic areas or countries as outlined in the Rental Agreement.
9 Other fees and charges
9.1The Renter understand that additional charges may incur during and or after the Rental Period this may include but not limited to some of the following:
(a) Road toll;
(b) Infringement & parking offences;
(c) Accidents loss or damages;
(d) Towing including clamping & holding yards cost;
(e) Extra kilometres fees;
(f) Fuel recovery cost;
(g) Cleaning fees;
(h) Smoke cleaning Fee;
(i) Booking extension;
(j) Change of location fees;
(k) Late return fees;
(l) Cancelation fee;
(m) Pickup & drop off /after hours services
The charges listed on the Rental Agreement are the cost of initial rental days plus any optional extras, if purchased.
9.2Cheaper Car Rentals reserve the right to charge the Renter’s designated Credit Card/Debit or other nominated Account to recuperate costs and/or fees that had accrued during the Rental Period in alignment with Annexure A.
9.3The Renter consents to Cheaper Car Rentals charging them in accordance with clause 9.2.
10 Termination and cancellation
10.1Either party may terminate the Rental Agreement at any time if the other party commits a breach of the Rental Agreement[cite: 1].
10.2The Renter may be charged a cancelation fee if booking cancellation occurs within certain periods as set out in (Annexure A)[cite: 1].
10.3The Renter may terminate the Rental Agreement at any time by returning the Vehicle to Cheaper Car rentals[cite: 1]. All costs and/or fees that accrued during the Rental Period in alignment with Annexure A will remain owing[cite: 1].
10.4Cheaper Car Rentals may terminate the Rental Agreement if required to do so by the police or any other regulatory authority[cite: 1].
10.5Failure to comply with these Terms & Conditions may result in Cheaper Car Rentals terminating the booking at any time for reasons including, but not limited to, the following[cite: 1]:
(a) Failure to provide satisfactory & required Identification on the day of collection[cite: 1];
(b) Failure to complete and sign required documentation[cite: 1]; and/or
(c) Failure to comply with conditions outlined in these Terms & Conditions[cite: 1].
10.6Payments will be deducted from any deposits or payment that had been made upon confirmation of booking [cite: 1]. set out in (Annexure A)[cite: 1].
11 Security Deposit (bonds)
11.1Security Deposit (bonds) is an additional charge above the Rental Charge and is payable upon confirmation of the booking as a deposit to secure the booking[cite: 1]. Bonds are generally refundable in respect of the Terms & Conditions and associated with incurred fees and charges stated in (Annexure A)[cite: 1].
11.2Bonds cannot be used to pay for rental extensions or additional addons[cite: 1].
11.3Cheaper Car Rentals reserves the right to deduct any extra fees or charges from the Security Deposit that may have been incurred during the Rental Period such as tolls, infringement transfer fees or other travel expenses[cite: 1].
11.4Return of any Security Deposit may take up to 10 business days to be processed due to the time frames for the notification of tolls or infringements[cite: 1]. This is not inclusive of your banks processing time[cite: 1].
12 Road tolls
12.1Usage of some roads or freeways in the State of Victoria, Queensland & New South Wales may be subjected toll charges[cite: 1]. E-Tolling is provided by Linkt. & all rental vehicles are equipped with E-Tags[cite: 1].
12.2It is the Renter’s reasonability to ensure that they are aware of tolling points and charges associated prior to travelling[cite: 1]. Use of toll roads is at the Renter’s own discretion[cite: 1]. The Renter can view tolling points & cost please review website https://www.linkt.com.au[cite: 1].
12.3The Renter acknowledges that Cheaper Car Rentals bears no responsibility for toll road usage and the fees associated with them whilst the Vehicle is in their possession[cite: 1].
12.4Cheaper Car Rentals may recuperate any fees associated with the Renter’s use of toll roads from the Renter’s Security Deposits or a debit to the Renter’s credit card or nominated account[cite: 1].
13 Maintenance, security and safety
13.1The Renter must[cite: 1]:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box or otherwise as required to maintain the Vehicle’s efficient performance[cite: 1];
(b) keep the Vehicle locked and the keys under their control[cite: 1]; and
(c) comply with any applicable seat belt and child restraint laws[cite: 1].
13.2The Renter must not service the Vehicle or have repairs to the Vehicle carried out without the authorisation of Cheaper Car Rentals[cite: 1]. Cheaper Car Rentals requires verification of the cost of repairs for audit and GST purposes[cite: 1]. Renters should obtain and provide to Cheaper Car Rentals an original tax invoice/receipt[cite: 1]. Cheaper Car Rentals will reimburse Renters for any authorised repairs to the vehicle, provided that the cost of those repairs is verified[cite: 1]. To the extent that Cheaper Car Rentals cannot verify the cost of repairs, Cheaper Car Rentals will not reimburse the Renter[cite: 1].
13.3For each roadside assistance callout for a fault or incident caused by the Renter’s act or omission (including, but not limited to emergency refuelling (up to an amount required to reach the nearest petrol station), a tyre related incident (unless the Renter have purchased Windscreen and Tyre Protection), lost keys, keys locked in the vehicle, or a flat battery due to lights or other electrical equipment being left on), the Renter will be charged the Roadside Callout Fee[cite: 1].
13.4If the Renter has been using the Vehicle during the Rental Period or returned the Vehicle in an excessively poor condition (excluding Fair Wear and Tear), the Renter may be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by Cheaper Car Rentals and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction[cite: 1].
13.5The Renter and Cheaper Car Rentals acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document[cite: 1].
14 Assignment
14.1Cheaper Car Rentals may assign any rights or benefits under the Rental Agreement at any time[cite: 1].
15 Consumer rights statement
15.1A Renter’s rights as set out in this Rental Agreement are in addition to their rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law[cite: 1].
15.2Consumer Rights are not excluded, modified, or restricted by this Rental Agreement[cite: 1]. Find out more about Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities[cite: 1].
16 Payment
16.1At the end of the Rental Period, the Renter must pay Cheaper Car Rentals on demand[cite: 1]:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement[cite: 1];
(b) any amount paid or payable by Cheaper Car Rentals to any person arising out of use of the Vehicle or imposed on Cheaper Car Rentals by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges)[cite: 1]; and
(c) any amount for which the Renter is liable to Cheaper Car Rentals under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise[cite: 1].
16.2The minimum charge Renters must pay for the rental of the Vehicle is an amount equivalent to[cite: 1]:
(a) one day’s rental at the “daily rate” shown on the Rental Document[cite: 1]; plus
(b) the amount payable for the number of kilometres driven during the Rental Period[cite: 1].
16.3Distance charges are measured from the Vehicle’s odometer[cite: 1].
16.4The Renter authorises Cheaper Car Rentals to charge all moneys payable to Cheaper Car Rentals under the Rental Agreement to their credit card or charge account[cite: 1]. The credit card holder must be the Renter[cite: 1].
16.5The Renter authorises Cheaper Car Rentals to deduct any amounts owing by the Renter to Cheaper Car Rentals pursuant to the terms of this Rental Agreement from any Bond amount that have been provided[cite: 1].
16.6Cheaper Car Rentals does not accept cash payments[cite: 1].
17 Privacy Policy
17.1Cheaper Car Rentals values the privacy of personal information[cite: 1]. When Cheaper Car Rentals collects, uses, or discloses personal information (especially creditworthiness information) it is bound by the Privacy Act 1988 (Cth), including the Privacy (Credit Reporting) Code 2014[cite: 1]. Cheaper Car Rentals handles personal information in accordance with its Privacy Policy[cite: 1].
17.2Cheaper Car Rentals collects various personal information about the Renter for the purposes of providing services including providing promotional material and information; facilitating its internal business operations; analysing Cheaper Car Rentals services and customer needs and because Cheaper Car Rentals is required or permitted by any law[cite: 1].
17.3To provide services to the Renter, Cheaper Car Rentals may disclose the Renter’s personal information from time to time to[cite: 1]:
(a) Cheaper Car Rentals’ employees, contractors, and related and affiliated entities[cite: 1];
(b) Service providers who assist Cheaper Car Rentals in operating its business[cite: 1];
(c) Related entities and affiliated organisations for promotional information[cite: 1];
(d) Third parties to whom the Renter has agreed to disclosure[cite: 1];
(e) The police or relevant government authorities if unlawful activity is suspected[cite: 1];
(f) Third parties where required by law, regulation, or court order[cite: 1]; and
(g) A proposed purchaser of Cheaper Car Rentals business[cite: 1].
17.4Cheaper Car Rentals is assisted by a variety of external service providers, some of whom may be located overseas[cite: 1].
17.5If personal information provided is incomplete or inaccurate, Cheaper Car Rentals may not be able to provide services[cite: 1].
17.6To seek access to or correct personal information, contact Cheaper Car Rentals at enquiries@cheapercarrentals.com.au[cite: 1].
17.7Cheaper Car Rentals may use GPS tracking devices to track the location of its vehicles, to which the Renter expressly consents[cite: 1].
17.8Cheaper Car Rentals may use the GPS Device to immobilise the Vehicle in the event of a breach of contract[cite: 1].
18 GST
18.1Terms in this clause have the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth)[cite: 1].
18.2The consideration for a Supply made under this document includes GST[cite: 1].
18.3If a Supply is a Taxable Supply, the Supplier must give the Recipient a Tax Invoice[cite: 1].
19 Miscellaneous
19.1The Rental Agreement and these Terms & Conditions contain the whole agreement between the parties[cite: 1].
19.2Any waiver by a party of any one breach will not constitute a waiver of any other breach[cite: 1].
19.3The Rental Agreement is governed by the law of the State or Territory of the Rental location[cite: 1]. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory[cite: 1].
Annexure A – Pricing Schedule
| FEES & CHARGES | PRICE SCHEDULE RATES INCLUDING GST |
|---|---|
| Smoking Fees | $110 [cite: 421] |
| Cleaning Fees | $55 [cite: 421] |
| Fuel Service Fee | $5.50 Per Litre [cite: 421] |
| Additional Drivers | $26 per driver [cite: 421] |
| Drivers Under 25 Years | $16.60 per day [cite: 421] |
| Cancellation Fee (Peak Season) 1st November – 31st January (Inc. holidays/events) |
• $200 Prior to 7 days notice [cite: 421] • Full Rental Amount Less than 7 Days Notice [cite: 421] |
| Cancellation Fee (Off Peak Season) 1st February – 31st October (Exc. holidays/events) |
• $50 (7-5 days notice) [cite: 422] • $100 (4-3 days Notice) [cite: 422] • Full Rental Amount 48hr or less notice [cite: 422] |
| Tolls Admin Fees | $3.30 per Calendar Day [cite: 422] |
| Late Return (More than 1hr without notice) | Full Day Rental Charge [cite: 423] |
| Infringement Admin Fees | $49 + GST [cite: 423] |
| Extra Kilometre Fee | $0.35 cents per additional Km [cite: 424] |
Annexure B – Exceptions (Fair Wear & Tear)
| CATEGORY | INCLUSIONS | EXCLUSIONS |
|---|---|---|
| Dents | Up to 20mm diameter (exc. bonnets/roofs) where paint is not broken[cite: 425]. | Dents on bonnets, roofs, style lines; multiple dents in one area; paintwork penetration[cite: 426, 427, 428]. |
| Scratches | Up to 20mm long and 1mm wide; no surface penetration[cite: 431, 432]. | Any scratch exposing metal, plastic, or undercoat[cite: 433]. |
| Wheels & Tyres | Light scratches/scuffing up to 20mm[cite: 439]. | Cracked hubcaps; buckled alloys; tread damage (cuts/bulges); mismatched tyres[cite: 440, 441, 445, 447]. |
| Windscreen | (N/A) | All scratches, chips, or holes in glass, lamps, or mirror lenses are excluded[cite: 448, 449]. |
| Interior | Light marks removable by vacuum; regular day-to-day debris[cite: 451, 452]. | Tears/burns; pet hair; smoke odor; stains requiring steam cleaning; excessive mud/sand[cite: 454, 455, 456, 458]. |
PART B – INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (“Rental Agreement”) between Cheaper Car Rentals and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (“Rental Document”), and is made up of that Part A Agreement to Hire Rental and this Part B – Interpreting Your Rental Agreement and these Terms and Conditions. The Rental Agreement, Rental Document and these Terms and Conditions apply in addition to any representation made to You by Cheaper Car Rentals or Cheaper Car Rentals’ employees.
Fees and charges that Cheaper Car Rentals is entitled to charge without further consent from You other than signing the Rental Agreement are set out in the Pricing Schedule at Annexure A. Refer to, https://cheapercarrentals.com.au/additional-fees-and-charges. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rental Document. Renters must return the vehicle in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted see Annexure B. Refer to https://cheapercarrentals.com.au/fair-wear-and-tear-guide.
PART B – INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (“Rental Agreement”) between Cheaper Car Rentals and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (“Rental Document”), and is made up of that Part A Agreement to Hire Rental and this Part B – Interpreting Your Rental Agreement and these Terms and Conditions. The Rental Agreement, Rental Document and these Terms and Conditions apply in addition to any representation made to You by Cheaper Car Rentals or Cheaper Car Rentals’ employees.
Fees and charges that Cheaper Car Rentals is entitled to charge without further consent from You other than signing the Rental Agreement are set out in the Pricing Schedule at Annexure A. Refer to, https://cheapercarrentals.com.au/additional-fees-and-charges. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rental Document. Renters must return the vehicle in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted see Annexure B. Refer to https://cheapercarrentals.com.au/fair-wear-and-tear-guide.
1. Rental Period
1.1
The Rental Period commences on the date & time shown on the Rental Document and ends on the date and time specified on the Rental Document.
1.2
The Renter must notify Cheaper Car Rentals of any late returns and agree to pay any late fees that may apply.
1.3
Any extensions or changes to the Rental Period inc. date, time and/or location, must be notified within a minimum of 24 hours’ prior (Subject to availability and in agreeance from Cheaper Car Rentals). Any changes to the original agreement may incur fees.
1.4
If extension has been granted, you understand that price may vary and maybe charged for additional days at the current going rate at the time.
1.5
If the Renter have not returned the Vehicles by the return Date & Time without any agreed extension, Cheaper Car Rentals may immediately report the vehicle to the police as stolen and/or use GPS tracking to retrieve the vehicle without prior notice.
1.6
Cheaper Car Rentals reserves the right to take possession of the Vehicles at is sole discretion without prior demand and Renter is liable for any expense if there has been any breach of Terms & Conditions.
1.7
If you have Return the vehicle outside of Location business hours without prior consent the vehicle will be deemed to have been returned at the time the return location reopens the following day, and your will be liable for late return fees.
1.8
It is the Renter’s responsibility to Remove all personal belongings; Cheaper Car Rentals bears no responsibility for personal items left in the vehicle from Renter nor any passenger.
1.9
Renters must return the vehicle in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted as stated in the Terms & Conditions.
1.10
The vehicle must be in a reasonably cleaned condition & rubbish to be removed. If Vehicle is returned is an unreasonable condition the Renter will be charged additional fees.
1.11
The Renter must return the vehicle with the equivalent level of fuel marked on the rental agreement to avoid being charge fuel service fees.
2. Drivers
2.1
Only the Renter is authorised to drive the vehicle unless the Renter has declared and paid for each additional driver to be an Authorised Driver.
2.2
If an additional driver has been declared and paid for, then the Renter & Authorised Drivers listed in the Rental Agreement may drive the Vehicle.
2.3
All Authorised Drivers must hold a current and valid licence (not being a restricted licence, learner’s licence, provisional licence, or probationary licence) to drive the Vehicle and have been licenced to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Document.
2.4
Drivers under the age of 25 will incur a fee of $16.60 per day. If a person under the age of 25 is nominated as an Authorised Driver, then the additional drivers fee will also apply.
2.5
All Authorised Drivers consent to Cheaper Car Rentals verifying their driving licence status, details, and records with local authorities in Australia including via Driver Check managed by the Australian Regulatory Authorities such as VicRoads or the Police.
2.6
The Renter is responsible for the acts and omissions of each Authorised Driver and any other person. If an unauthorised person is found driving, this is deemed as a breach of these Terms & Conditions, and the Renter and any Authorised Driver or unauthorised driver will waive the benefits of the Loss and Damage Waiver option, and the Excess Reduction option (if accepted or included in the Renter Rental Charges). If accident or damage occur whilst the vehicle is in possession of the unauthorised driver, then the Renter is liable for the total cost of damage to the rental car, any third-party property and the loss of any rental income while vehicle is not in service.
2.7
Cheaper Car Rentals may refuse to allow you or any additional driver to drive the Vehicle who:
- (a) does not hold a valid and current driving licence for the entire Rental Period.
- (b) has not brought an international driving licence or official translation (if applicable).
- (c) has not held their licence for the minimum period of 12 consecutive months; and/or
- (d) has driving-related convictions; or who does not meet our reasonable identity, security, driving licence or credit checks.
2.8
If you have been permitted by Cheaper Car Rentals to use the Vehicle in connection with trips arranged through the Uber technology platform, you agree, acknowledge and warrant that (Uber Driver Additional Conditions):
- (e) the Renter will only use the Uber technology platform and no other ride sharing platform; and
- (f) the Renter and any Authorised Drivers are not under 25 years of age; and
- (g) the Renter and any Authorised Drivers are not over 75 years of age; and
- (h) the Renter and any Authorised Drivers are currently licensed to drive the Vehicle and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence); and
- (i) the Renter and any Authorised Drivers have not had their driver’s licence cancelled, endorsed or suspended within the last three years; and
- (j) the Renter and any Authorised Drivers have not had more than two (2) at-fault motor vehicle accidents in the last five years.
3. Conditions of Use
3.1
The Vehicle and its properties, remain the property and ownership of Cheaper Car Rentals & cannot be sold, traded or sublet.
3.2
The Vehicles will be used for Personal Use Only and it is understood that Cheaper Car Rentals DOES NOT allow their cars to be used for commercial purposes.
3.3
The Vehicle must only be driven within the state that the Vehicle was hired from. If Vehicle is found to be driven outside of the state lines without prior authorisation, the renter is in breach of the Terms and Conditions.
3.4
All drivers must only drive on roads which are properly formed and constructed as a sealed, metalled or gravel road.
3.5
The Renter and any Authorised Drivers are not permitted to dive on:
- (a) on beaches, in any sand, through streams, rivers or flood waters.
- (b) on fire trails; and
- (c) in the snow or above the Snow Line, unless the Renter has complied with (Snow Cover clause 8.2) and by purchasing Snow Cover.
3.6
The Renter and any Authorised Driver must:
- (a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind.
- (b) not allow the Vehicle to be used to tow or 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 and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint.
- (d) not carry, or allow the vehicle to carry, a greater load than that for which it was built.
- (e) 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.
- (f) not refuse to provide or allow the taking of a sample of breath, blood or urine for testing or analysis as required by law in the State or Territory in which the Vehicle is driven.
- (g) save for the exception in paragraph 2.7(d) herein, not allow the Vehicle to be used to carry passengers for payment or reward of any kind, including but not limited to rideshare services or work of any type, other than in connection with a trip arranged through the Uber technology platform where the Renter or the Authorised Driver fully comply with the Uber Driver Additional Conditions, or under a private car-pooling arrangement;
- (h) not allow the Vehicle to be used for courier work or food delivery.
- (i) not use the Vehicle when it is damaged or unsafe.
- (j) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the Renter cost) and in accordance with the Vehicle Manufacturer’s Specifications and Cheaper Car Rentals recommendations.
- (k) not use the Vehicle for the conveyance or towing of any load unless you have Cheaper Car Rentals prior written consent; and if such consent is given not allow or cause the Vehicle to carry a load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed.
- (l) not, without Cheaper Car 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; and
- (m) not use the Vehicle in contravention of any law.
3.7
The Renter 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.
3.8
The Renter and any Authorised Driver must not drive the Vehicle if Cheaper Car Rentals has so directed the Renter and any Authorised Driver.
3.9
The Renter and any Authorised Driver or any passenger must not smoke in the Vehicle.
4. Fuel
4.1
The Renter must:
- (a) Use the fuel type specified in the Manufacturer’s Specifications, located on fuel cap.
- (b) Pay for any damages incurred if found using incorrect fuel.
- (c) Return the Vehicle with the equivalent level of fuel marked on the Rental Agreement; and
- (d) To pay for any shortfall of fuel at a rate of $5.50 per litre if not returned at the equivalate level stated in the Rental Agreement.
5. Liability for accidents, loss and damages
5.1
Cheaper Car Rentals is not an insurer but offers the facilities of its insurer to provide cover to rental customers under the terms of the Rental Agreement.
5.2
The Renter is responsible for any loss, stolen or damages to the vehicle, whilst the vehicle is in their possession, regardless of whether an Authorised Driver or the renter has engaged the vehicle or it is stationary. Should the Renter or any Authorised Drivers fail to comply with any conditions of this contract, all losses arising out of any accident or damage caused shall be at the Renters expense.
5.3
The Renter is liable for the full cost of loss, stolen or damages to the Vehicle and damages to any third party’s property including loss of rental income whilst the Vehicle is not in service.
5.4
The Renter is liable to pay for damage or loss of any equipment rented including GPS units, E-tags, child seats, trolleys, keys, and tyre change equipment.
5.5
It is Driver’s responsibility to report all accidents, loss/theft, and any damages to Cheaper Car Rentals within four (4) hours of the incident occurring. After hours reporting can be made by leaving a message on the after-hours phone number located on the website.
5.6
In the event of an accident involving another Vehicle, whether at fault or not, it is the responsibility of the Driver to document other parties’ information at the time of incident, including:
- (a) The name of all parties involved.
- (b) A photo of the other parties’ Drivers Licence (back and front) or otherwise all details listed on the licence.
- (c) Other vehicles registration number/s.
- (d) Photos of the damage to all vehicles involved in the accident.
- (e) Insurance details, if any.
5.7
It is the Drivers responsibility to complete an accident/damage report as soon as physically able and understand that the accident/damage report must be true and accurate description of the incident.
5.8
The Renter is responsible for the expense of towing and returning the Vehicle to the nearest depot or to an authorised repairer nominated by Cheaper Car Rentals.
5.9
Damage caused by bodies of water and/increment weather, natural disaster, an unexpected natural occurrence as collision with an animal, fallen tree/branch, foreign object or debris are NOT covered by the insurance policy.
5.10
At the discretion of Cheaper Car Rentals, in the event of an accident, the Renter is not entitled to a refund and may not be entitled to a replacement Vehicle.
5.11
In respect of purchasing Loss and Damage Waiver or Excess Reduction Option, the Renter will be charged administration fees and any downtime meaning the loss of rental income each day the Vehicle is out of service c-charges above the applicable Excess.
5.12
Cheaper Car Rentals is not liable to any person/s for loss or damage to any personal property left in the Vehicle by the Renter, an Authorised Driver or any passenger.
5.13
If any Driver is found to be in breach of conditions of the rental agreement, you will waive any coverage and the benefits of the Excess Reduction Option (if accepted or included in the Renter Rental Charges).
5.14
Breaches to Cover include:
- (a) Failure to pay outstanding Rental Charges and/or Excess fee.
- (b) Failure to report any new damages that was not recorded upon initial inspection.
- (c) Damage caused by any driver under 21 years of age or with under 2 years of driving experience.
- (d) Any driver who knowingly provides us with false or misleading information.
- (e) Damages that require full replacement of tyre or windscreen/windows.
- (f) Damage caused by attaching any equipment to the vehicle such as roof racks, bike racks or snow chains.
- (g) Damage caused as a result of loading or unloading the Vehicle.
- (h) Damage caused by using the wrong type of fuel.
- (i) Damage which the driver or any passenger causes deliberately, carelessly, maliciously, or recklessly.
- (j) Overhead Damage or Underbody Damage resulting from encounters with any type of structure, including another vehicle, bridge, tunnel, tree, roof, or boom gate.
6. Roadside assistance
6.1
All vehicles come with full roadside assistance in Victoria through RACV. Please call 13 11 11 and quote member number 93609 or for RACQ please call 13 19 05 and use barcode located on the windscreen of the Vehicle.
6.2
If the Vehicle has any inherited mechanical or non-mechanical issues which deems the Vehicle unsafe or non drivable, you must NOT continue to use the Vehicle notify the rental company immediately and if required contact Roadside for assistance.
6.3
In the case of the Vehicle being deemed unsafe or non drivable and cannot be repaired in a timely manner, a Substitute Vehicle will be offered subject to Cheaper Car Rentals discretion and availability.
6.4
If it has been determined that any damages, breakdowns and/or loss of property such as keys had been caused by negligence, Cheaper Car Rentals reserves the right to cancel any remaining hire days with no refund and recover all costs.
7. Excess liability
7.1
In the event of an accident, damage, theft, or loss, the Renter will be charged the applicable Excess Amount stated in the Rental Agreement. Cheaper Car Rentals will debit your nominated Account within 24 hours of becoming aware of the incident.
7.2
Failure to pay the Excess Liability within 24 hours is a breach of conditions and the Renter will waive any cover, rendering them liable for full costs of damages, third-party repairs, and legal/debt collection fees.
7.3
The Renter is still liable for excess regardless of whether a third party is determined at fault. A refund of excess only occurs upon receipt of payment from the nominated third party.
7.4
Accident administration, call out/towing fees, and loss of rental income while the Vehicle is off-road are in addition to the Excess payment.
7.5
The purchase of any Excess Reduction Option is up to the Renter’s discretion and determines the excess payable.
7.6
The Renter authorises Cheaper Car Rentals to charge the Excess liability to the nominated Account regardless of cause/fault.
7.7
If the Renter has purchased insurance through a third party, they remain liable to pay the full excess plus associated fees upfront to Cheaper Car Rentals. Refunds must be recuperated by the Renter through the third party.
8. Excess Reduction, Snow Cover, Tyre & Windscreen, and LDW
8.1
Excess Reduction must be added prior to leaving the rental location and cannot be purchased after departure without inspection.
8.2
Snow Cover permits driving above the Snow Line provided it is paid for at pick-up and appropriate equipment (like chains) is used.
8.7
Tyre & Windscreen Cover covers “chips” on windscreens and window glass and tyre punctures. It does not cover full replacements or damage caused by a breach.
8.9
Loss and Damage Waiver (LDW) limits financial liability for damage or theft, excluding violations of the Agreement or reckless driving.
9. Other Fees and Charges
9.1
Additional charges may include road tolls, infringements, cleaning fees, fuel recovery, and late return fees.
9.2
Cheaper Car Rentals reserves the right to charge the nominated account to recuperate these costs.
10. Termination and Cancellation
10.1
Either party may terminate the Agreement if the other party commits a breach.
10.4
The Agreement may be terminated if required by police or regulatory authorities.
11. Security Deposit (Bonds)
11.1
Bonds are payable upon confirmation and are generally refundable subject to Terms and incurred fees.
11.4
Return of any Security Deposit may take up to 10 business days plus bank processing time.
12. Road Tolls
12.1
Usage of some roads or freeways in the State of Victoria, Queensland & New South Wales may be subjected toll charges. Vehicles are equipped with Linkt E-Tags.
12.4
Cheaper Car Rentals may recuperate any fees associated with the Renter’s use of toll roads from the Security Deposit or nominated account.
13. Maintenance, Security and Safety
13.1
The Renter must maintain all of the Vehicle’s engine oils and engine coolant levels, keep the Vehicle locked and the keys under their control, and comply with any applicable seat belt and child restraint laws.
13.2
The Renter must not service the Vehicle or have repairs carried out without authorization. Cheaper Car Rentals will reimburse for authorized repairs upon verification with an original tax invoice/receipt.
13.3
For each roadside assistance callout for a fault or incident caused by the Renter’s act or omission (e.g., lost keys, flat battery due to lights left on), the Renter will be charged the Roadside Callout Fee.
14. Assignment
14.1
Cheaper Car Rentals may assign any rights or benefits under the Rental Agreement at any time.
15. Consumer Rights Statement
15.1
A Renter’s rights are in addition to their rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
16. Payment
16.1
At the end of the Rental Period, the Renter must pay all charges specified on the Rental Document and any amount paid or payable by Cheaper Car Rentals due to the use of the Vehicle (e.g., speeding, parking fines).
16.4
The Renter authorises Cheaper Car Rentals to charge all moneys payable to their credit card or charge account. The credit card holder must be the Renter. Cheaper Car Rentals does not accept cash payments.
17. Privacy Policy
17.1
Cheaper Car Rentals handles personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy.
17.7
By hiring a Vehicle, the Renter expressly consents to Cheaper Car Rentals using GPS tracking or other electronic tools to track the location of the vehicle during the Rental Period.
18. GST
18.2
The consideration for a Supply made under or in connection with this document includes GST.
19. Miscellaneous
19.1
The Rental Agreement and these Terms & Conditions contain the whole agreement between the parties.
19.3
The Rental Agreement and these Terms & Conditions are governed by the law of the State or Territory of the Rental location.
Acknowledgment: I (Renter) have read & understand the Rental Agreement Part A & Part B and agree to be bound by these terms.
Authority to Charge: I certify I am the authorised user of the credit card provided. I authorise Cheaper Car Rentals to recover any Fees & Charges including Excess liabilities in accordance with Sections 1-19.
PRIVACY STATEMENT: Personal information is used to process bookings. We disclose info only to help with rental needs, where there is a statutory obligation, or for debt collection.