Supercar Garage Terms & Conditions
This Rental Agreement is divided into three sections:
- Section 1 outlines the Terms and Conditions associated with using any of our vehicles;
-Section 2 has details specific to you and the Vehicle that you are renting; and is the Vehicle Condition Report.
Only authorised persons can drive our vehicles. In order for a person to be an Authorised Driver they must first be approved by us and in order to do so we will need to obtain particular details of each person intending to drive the Vehicle. You should therefore ensure that all persons intending to drive the Vehicle are present at our premises prior to renting.
1. UNDERSTANDING YOUR RENTAL AGREEMENT.
This Rental Agreement outlines the formal relationship between you and Supercar Garage. Please ensure you read it carefully together with details Section 2 of this Rental Agreement as these documents contain details specific to you and the Vehicle that you are renting and also outline your legal responsibilities and the terms and conditions that you have agreed to during the Rental Period.
If you do not understand any of the terms and conditions outlined in this Rental Agreement, you may seek clarification from an employee of Supercar Garage or obtain independent legal and/ or financial advice in relation to same PRIOR to signing this Rental Agreement. By signing this Rental Agreement you confirm that you have read and understood the terms and conditions, have had the opportunity to obtain independent legal and/or financial advice and that you acknowledge and accept the terms and conditions contained in this Rental Agreement.
In these Terms and Conditions:
“Authorised Driver” means a person who meets the conditions contained in Clause 2 of this Rental Agreement. Any reference to the Authorised Driver throughout this Rental Agreement is a reference to that person or those persons who sign this Rental Agreement and has been approved by us to drive the Vehicle.
“Bond Guarantee Payment” is the payment as specified by us in Section 2 and required to be paid prior to collection of the keys for the Vehicle.
“Emergency Contact” means the person and/or telephone number provided to you at the time you collect the Vehicle and specified in Section 2 of the Rental Agreement.
“Rental Period” means the period of time commencing at the time and date and ending at the time and date as set out Section 2 of this Rental Agreement.
“Vehicle” means the vehicle set out in Section 2 of this Rental Agreement.
“We”, “Us” or “Our” is a reference to SUPERCAR GARAGE PTY LTD with ABN 29 628 785 562.
“You” and “Your” is a reference to the person who signs this Rental Agreement and whose details appear in Section 2 of this Rental Agreement and also includes any Authorised Driver. This person is primarily responsible for the Vehicle, and is deemed the Authorised Driver for any charges or liability arising as a result of a breach of the terms of this Rental Agreement. When more than one person hires the Vehicle your obligations under this Rental Agreement are joint and several.
2. AUTHORISED DRIVER
Only persons who meet the criteria listed in this clause, who have been accepted in writing by us as an Authorised Driver are entitled to drive the Vehicle. By signing this Rental Agreement, you are declaring that you and any other Authorised Driver meet the following criteria and requirements:
2.1 The person holds a current Driver’s Licence that legally allows that person to drive the Vehicle in the relevant Australian State or Territory.
2.2 The person has not had any driving related convictions in the last 3 years.
2.3 The person is not while driving the Vehicle under the influence of or affected by drugs or alcohol.
Notwithstanding and without limitation to the generality of clause 2.3, for the purposes of clause 2.3 a person is under the influence if:
2.3.1 their blood alcohol level is in excess of the legal limits of the particular Australian State or Territory in which the Vehicle is being driven;
2.3.2 they have taken prescription medication which is medically regarded, recognised or accepted as medication which is unsuitable to ingest while driving or which may affect the person’s ability or capacity to drive a vehicle.
2.3.3 they have consumed or are under the influence of illegal drugs as deemed by Australia Federal State or Territory law;
2.4 The person is over the age stated in Section 2 of this Rental Agreement, and has held a full Driver’s Licence for a period of at least 1 year immediately prior to the commencement of the Rental Period. For the avoidance of doubt a full Driver’s Licence does not include a Probationary Licence or a Learner’s Permit.
2.5 In the 3 years preceding the commencement of the Rental Period, the person has not been refused motor vehicle insurance or had their vehicle insurance policy cancelled for any reason whatsoever.
3. ACCEPTABLE VEHICLE USE AND CONDITIONS
3.1 The following clauses outline where you can drive the Vehicle. Persons who want to take the Vehicle outside of the geographical area outlined in 3.2 must only do so with our express prior written consent.
3.2 You are only permitted to drive the Vehicle on suitably surfaced roads (such as bitumen, concrete, pavers etc.) within the State of New South Wales (or as otherwise authorised in Section 2 of this Agreement) providing the Vehicle is not driven:
3.2.1 on private property where you do not have permission to enter;
3.2.2 in a National Park and other government land region where you do not have permission to enter;
3.2.3 on a construction or building site of any kind;
3.2.4 on unsealed roads.
3.3 You are not permitted to use the Vehicle for the purposes of or associated with any media, film, photograph or advertisement without our express prior written consent.
4. PROPER VEHICLE USE
4.1 The Vehicle does not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which the Vehicle was designed;
4.2 All persons in the Vehicle will at all times wear their seat belt restraint. Any babies or children who are too small for the seat belt restraints are only carried in the Vehicle using a properly fitted child safety restraint. Please note that any child safety restraint must only be fitted by us and we cannot guarantee that one can be fitted to all vehicles. It is your responsibility to inform us that you require a child safety restraint prior to choosing the Vehicle and signing this Rental Agreement.
If you cancel this Rental Agreement within 24 hours prior to collection of the Vehicle due to the inability of the Vehicle to be fitted with a child safety restraint we will be entitled to charge you for one days rental;
4.4 The Vehicle is not used to tow or push anything;
4.5 The Vehicle is not used to carry or transport any property which is incorrectly loaded or secured or is in excess of the load limits recommended by the Vehicle’s manufacturer;
4.6 The Vehicle is not used for any illegal purpose, race, contest or performance test of any kind;
4.7 The vehicle is not used at excessive speeds, over-revved or in contravention of any law within the State or Territory in which the Vehicle is being driven;
4.8 The Vehicle is not used under the influence of alcohol, drugs, or with a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is being driven;
4.9 The Vehicle is not used to carry any flammable, explosive or corrosive material;
4.10 The Vehicle is not used to carry passengers for payment of any kind;
4.11 The Vehicle must not be used in contravention of any law.
4.12 That any tolls, permits and other licenses required for driving in any areas are obtained and paid prior to driving in those areas;
4.13 No person smokes in the Vehicle at any time. The Authorised Driver will be liable to pay for any damage caused and/or dry cleaning required due to smoking in the Vehicle.
4.14 No food or liquid is consumed in the Vehicle at any time or carried in the Vehicle when not in a properly sealed container. The Authorised Driver will be liable to pay for any damage caused and/or dry cleaning required due to food, liquid or other product affecting the Vehicle.
4.15 The Vehicle is returned after the Rental Period to us in good working order and repair with due allowance for normal wear and tear.
4.16 No wedding ribbons or similar embellishment is attached to the Vehicle without our express prior written consent.
5. PAYMENT OF TOLLS, FINES AND OTHER DRIVING FEES
It remains the responsibility of the Authorised Driver to pay all tolls, fines, entrance fees, parking and any other fees associated with using the Vehicle; including entering any area that incurs a fee.
5.1 Road tolls should be paid and/or settled by the Authorised Driver prior to returning the Vehicle to us. Any toll fees, late payments and associated administration fees will be charged to the Authorised Driver upon receipt of the notice by us from the relevant authority unless a toll fee is charged as detailed in Section 2 of this Rental Agreement.
5.2 All speeding fines, red light and other traffic infringements shall remain the responsibility of the Authorised Driver. Upon receipt of any infringement notice or fine by us, we shall advise the relevant authority of the Authorised Driver’s details who is responsible for the Vehicle at the time of the fine. Any query regarding a notice received from a Traffic Authority by the Authorised Driver should be directed to the relevant authority and not to us.
5.3 Parking and entrance fees to parks, etc. will remain the responsibility of the Authorised Driver and the Authorised Driver will ensure that permits, entrance tickets parking tickets etc. are displayed in accordance with the instructions, regulations and rules of the area where the Vehicle is located. Any fines and/or penalties associated with a breach of this clause will be charged to the Authorised Driver.By signing our Rental Agreement, you irrevocably authorise us to charge your credit card and/or charge account and/or deduct from your Bond Guarantee Payment any charges, fines, penalties etc. incurred during the Rental Period as set out in Clauses 5.1, 5.2 and 5.3. Should you wish to confirm or verify any charges made to your credit card and/or charge account and/or deducted from your Bond Guarantee Payment please contact us.
6. GENERAL MAINTENANCE AND SECURITY
This clause outlines your role in maintaining the Vehicle in good working order during the Rental Period. Each vehicle undergoes a regular general maintenance and safety check. By signing this Rental Agreement you acknowledge and agree that the Vehicle has left our premises in good working order with correct levels of oil, coolant, window wiper water etc. It is your responsibility to thoroughly check the Vehicle prior to hiring same and bring to our attention any damage to the Vehicle. The Authorised Driver shall ensure that:
6.1 The engine oils, engine coolant and window wiper reservoir are maintained at a suitable level in accordance with the Vehicle manufacturer’s specifications (a copy of which is supplied with the vehicle);
6.2 The Vehicle is refueled upon indication of the fuel running low via the ‘fuel low indicator’ that appears on the Vehicle’s display panel. The Vehicle should be refueled using premium unleaded petrol (PULP 98 Octane) unless otherwise specified in Section 2 of the Rental Agreement.
6.4 The Vehicle is kept locked at all times when not in use and that the keys and any electronic entry devices are kept in your possession and under your personal control at all times.
7. ACCIDENTS AND VEHICLE DAMAGE7.1 You must immediately notify us of any accident involving the Vehicle or damage to the Vehicle. If this occurs outside of normal office hours, you must telephone the Emergency Contact.
7.2 Any accident or damage to the Vehicle includes:
7.2.1 Any accident that the Vehicle is involved in that may result in damage to the Vehicle, a third party vehicle, person(s) and/or property;
7.2.2 Any incident that requires Police attendance and/or intervention (even if no damage is occasioned to the Vehicle);
7.2.3 Windscreen damage;
7.2.4 Tyre blowouts or punctures;
7.2.5 Acts of vandalism or damage to the Vehicle. If the vandalism or damage was not witnessed by the Authorised Driver or one of their passengers, the damage must be reported immediately to us and to the Police upon its discovery;
7.2.6 Any damage to or loss of proper operation of headlights, tail lights, indicator lights or the drivers display panel that renders the Vehicle defective in accordance with the relevant law of the particular State or Territory in which the Vehicle is located;
7.2.7 Any act or damage involving the Vehicle that you believe (acting reasonably), should be reported to us.
7.3 The Emergency Contact will advise you of what action you should take in the event of accident or damage.
7.4 In the event of an accident, the Authorised Driver should also contact the necessary emergency authorities, Police/ Ambulance/ Fire Brigade, immediately (as appropriate).
7.5 The Authorised Driver MUST NOT, under any circumstances, accept liability or make any admissions for any accident by way of discussing their liability or admission with other parties involved in the accident, witnesses or Police.
7.6 The Authorised Driver is required to complete and sign an Accident/Damage Report Form within 24hours of an accident. Where necessary, we will assist with the completion of this form. These forms are held at our office.
7.7 You must immediately forward to us any correspondence or communications of any nature from other parties associated with an accident or incident. This will assist us to complete any insurance claims or Police Reports where necessary.
7.8 You also agree to provide us within a reasonable time any statement information or assistance which we or our insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence or make a statement, oral or otherwise.
8. OUR LIABILITY
8.1 Stolen from the vehicle or otherwise lost during the Rental Period; or
8.2 Left in the Vehicle after its return to us.
9. DAMAGE LIABILITY FEE
A Damage Liability Fee applies to damage and/or abnormal wear and tear suffered by the Vehicle because of misuse during the Rental Period and is also used to cover:
9.1 Repairs to any part of the Vehicle and its fittings.
9.2 Fees associated with towing, Vehicle recovery and/or storage.
9.3 Damage caused to third parties or their property by the Vehicle.
9.4 Mechanical repairs due to a breach or non-adherence of your obligations under this Rental Agreement.
9.5 Administrative and legal costs of any kind associated or resulting from the Vehicle having to be repaired or serviced.
9.6 Damage associated with the theft of the Vehicle.
9.7 Damage or losses incurred by us in having to repair or service the Vehicle due to the misuse of the Vehicle during the rental period in breach of this Rental Agreement.
9.8 Loss and damage suffered by us during the period a vehicle is being serviced or repaired due to the misuse of the vehicle during the Rental Period. This amount is calculated by multiplying the daily rental rate as set out in this Rental Agreement by the number of days the vehicle is unable to be rented.
9.9 Any other loss, damage or costs incurred by us due to your breach of this Rental Agreement or non-payment by you of any amounts due to us in accordance with the terms of this Rental Agreement.
9.10 Fees associated with the Vehicle being impounded.
9.11 The vehicle insurance excess referred to in Section 2 of this Rental Agreement.
You irrevocably authorise us to charge your credit card and/or charge account and/or deduct from your Bond Guarantee Payment the Damage Liability Fee and any other loss or damage including administration costs, legal fees on an indemnity basis and other expenses suffered by us and further acknowledge that the Damage Liability Fee may be in excess of the Bond Guarantee Payment.
Our vehicles are very expensive and as such they are fitted with a GPS tracking device which transmits data to us of the Vehicle’s location and speed in real time. This information is used by us and you acknowledge and agree that we may rely on this information to assess and determine whether the Vehicle has or is being used during the Rental Period in accordance with your obligations as set out in this Rental Agreement and to determine whether the Vehicle requires a full service, engineering check and/or repairs and to assess whether the Vehicle has suffered abnormal wear and tear after the Rental Period.
All costs associated with the servicing, repairs and replacement of parts due to the misuse of the Vehicle in contravention of the terms of this Rental Agreement including administration costs associated therewith and any loss suffered by us due to the inability of the Vehicle to be rented during such servicing and repairs are included in the Damage Liability Fee referred to in this Rental Agreement.
You further acknowledge and agree that if the vehicle is damaged during the Rental Period that we may rely upon the GPS tracking data to verify and conclude that such damage was caused by you if the GPS tracking data indicates that you have misused the vehicle in contravention of the terms of this Rental Agreement during the Rental Period.
If the GPS tracking device is disabled or tampered with, you accept and agree that we may assume at our sole discretion that the Vehicle has been used in breach of your obligations as set out in this Rental Agreement.
10. PAYMENT OBLIGATIONS
10.1 You authorise us to charge all moneys due and payable to us under this Rental Agreement to your credit card and/or charge account and/or to deduct that amount from your Bond Guarantee Payment.
10.2 We will refund, within 21 business days, any refund due to you by such method as we may reasonably choose. The reason for the time frame is to determine if there are any speeding fines & infringements pending after the rental. Notice of infringements are usually received back to our company by SPER within 15 – 21 business days. As a company we receive a $2000 - $3000 fine and this policy is in place to protect that while nomination process is being dealt with. Please note that in the event of theft, fire or any damage refunds may take up to 12 weeks to be reviewed and processed.
10.3 If you fail to pay any money due under or in connection with this Rental Agreement within 14 days of the date by which you were required to pay the money:
10.3.1 you must also pay to us interest at 12% per annum (compounded daily) on the money due from the expiry of 14 days after the date on which you were required to pay the money due to the date of payment; and
10.3.2 pay to us on demand all money which we have paid to recover any moneys outstanding under this Rental Agreement and all other costs and expenses including without limitation legal costs and expenses that we have incurred on a full indemnity basis.
10.4 You acknowledge and accept that all charges and money paid to us may be charged through Supercar Garage or any other undisclosed agent of Supercar Garage.
11. RETURNING THE VEHICLE
11.1 Upon completion of the Rental Period, you are responsible for and shall return the Vehicle to us at our premises or in accordance with our reasonable direction.
11.2 You must return the Vehicle during normal office hours, unless arrangements have been made by you and agreed by us in writing prior to the expiry of the Rental Period. The Vehicle is not regarded as returned to us unless:
11.2.2 all keys and security devices associated with the Vehicle have been handed to us.
11.3 Under no circumstances, will the Vehicle be regarded as returned if it is left at our premises (either outside the premises or on the premises) without our prior written consent.
11.4 You are responsible for ensuring that all equipment, parts and accessories associated with the Vehicle are returned by the time and date specified in Section 2 of the Rental Agreement. This includes any child safety restraints, GPS devices etc.
11.5 You agree that the Vehicle must be returned in the same condition as at the commencement of the Rental Period save for normal wear and tear.
12. RIGHTS RESERVED BY SUPERCAR GARAGE PTY LTD
We reserve the right to cancel this Rental Agreement and take immediate control of the Vehicle without further notice to you and charge your credit card and/or charge account and/or deduct any amount required from your Bond Guarantee Payment in accordance with this Rental Agreement (in our sole opinion) to be in breach of any of the obligations contained in this our Rental Agreement.
12.2 It is apparent that the Vehicle may be damaged, person(s) may be harmed or infringements or illegal activity may occur during the Rental Period.
12.3 The Vehicle could or may be involved in any industrial disputes.
12.4 We believe (at our sole discretion) that you may not be able to satisfactorily discharge your obligations or pay all amounts payable pursuant to the terms of this Rental Agreement.
12.5 You appear to have used and/or are using the Vehicle for any illegal activity, or have driven the Vehicle in an inappropriate manner or in contravention of this Rental Agreement or any law within the State or Territory in which the Vehicle is being driven.
13. TERMINATION OF YOUR RENTAL AGREEMENT
If this Rental Agreement is terminated within 24 hours of commencement of the Rental Period for any reason other than a breach by us, you agree to pay rental charges for the period of the proposed rental. Such charges may be higher than those that apply for a longer rental period.
14. APPLICABLE LAW
14.1 The laws of New South Wales and the Commonwealth of Australia govern this Rental Agreement where the vehicle is supplied in Australia.
14.2 To the fullest extent permitted by law, all terms, conditions and warranties which would otherwise be implied under consumer legislation are hereby expressly excluded.
14.3 If a provision of this Rental Agreement is void, illegal or unenforceable in any relevant jurisdiction, it is severed from this Agreement for the purposes of that jurisdiction. The remainder of this Deed has full force and effect and the validity and enforceability of that provision in any other jurisdiction is not affected.
16. VEHICLE CONDITION, TYRE & WHEEL LIABILITIES
16.1 Supercar Garage will provide the vehicle clean and tidy for the convenience of the renter. Due to the value of the vehicles the renter is obliged to maintain the vehicle to an acceptable condition. Upon completion of your rental the vehicle should come back on the same condition minus any reasonable wear or dust and not excessively dirty (Sand, Mad, Dirt, rubbish inside the vehicle). If the vehicle is not a reasonable condition then the company reserves the right to charge the renter out of his condition guarantee or security bond. Minimum Detailing fee is set at $200.00 with a maximum of $500.00. Company holds the right to determine at what level the vehicle needs to be detailed.
16.2 Supercar Garage inspects the vehicle prior of going on rent and makes sure that are in roadworthy condition. Any tyre punctures or flat tyres is soley the liability of the customer and not the car rental company as the vehicle is in his care at the time of the incident. Supercar Garage holds no liabilities for towing or tyre replacement and any of that will be carried out at a cost to the renter plus any other inspection that might need to be carried out to make sure that there is no further damage to the vehicle.
Supercar Garage does not allow smoking in any of the vehicles of Supercar Garage and any customer that has been founded smoking inside the vehicle will have to suffer the minimum charge of $1500.00 for deodorising the vehicle and changing all cabin filters if needed be.
18. SPEEDING & HOON DRIVING
Supercar Garage does not condone to excessive speeding and hoon driving as there are harsh state law that prevents those actions from happening. Supercar Garage holds the right to report at any stage during the rental or after the rental the behaviour of the vehicle to New South Wales police or the appropriate state authorities which ever may be. Supercar Garage holds the rights not only to stop the rental at any stage if there alerts indicating hoon driving, excessive speeding or driving in manner dangerous to the public but also remove the vehicle from the renter during his rental without having to provide any refunds.
UPON RETURN OF THE VEHICLE WE HAVE THE RIGHT TO INSPECT, INVESTIGATE AND CHECK ALL FUNCTIONS OF THE VEHICLE WITH AN AUTHORISED SERVICE WORKSHOP OR DEALER, AT YOUR COST TO ENSURE THAT THE VEHICLE HAS NOT BEEN USED IN BREACH OF THE TERMS OF THIS RENTAL AGREEMENT (SUCH AS RACING, BURN OUTS ETC.), AND TO DETERMINE WHETHER THE VEHICLE HAS ANY DAMAGE THAT CANNOT BE READILY IDENTIFIED AT THE TIME OF THE RETURN OF THE VEHICLE.