Rental Agreement

Annexure A – Terms and Conditions

In this Rental Agreement the following terms have the following definitions unless the contrary intention appears:

4WD means a Vehicle with a four-wheel drive transmission system that can be engaged in high and low four-wheel drive mode.

Commencement Date means the date upon which You receive delivery of the Vehicle.

Delivery Condition means the condition in which the Vehicle is delivered to you being in good operating condition, in a clean and tidy condition and with the seal of the odometer unbroken.

Hire means the hire of Vehicle by you on the terms set out in this RA.

Hire Period means the period specified on page 1 of the RA as extended by the operation of clause 1(b) hereof.

RA means this Rental Agreement including Annexure A – Terms and Conditions and Annexure B – Mandate and Authority to Act.

Vehicle means the vehicle specified as such on page 1 of the Rental Agreement.

  1. You
    1. acknowledge that the Vehicle is delivered to you in the Delivery Condition.
    2. agree to return the Vehicle in the Delivery Condition (except for the ordinary wear and tear but not including windscreen or tyre damage). Smoking is prohibited in the Vehicle.
    3. agree to be liable for the reasonable costs of returning the Vehicle to its Delivery Condition if the Vehicle is not returned in the Delivery Condition.
    4. agree to return the Vehicle together with all tools, tyres, accessories and equipment.
    5. agree that maintaining water and oil levels is your responsibility.
    6. Agree to utilise the correct type of fuel for the vehicle hired.
    7. must check oil and water on a daily basis.
  2. must stop the Vehicle immediately in the event that any malfunction of the Vehicle occurs, including any sign of overheating.The Hire automatically renews at the end of each 24 hour period for a further period of 24 hours until such time as either We or You provides at least 24 hours notice of intention to terminate this RA or, if no such notice is given, at the conclusion of 4 months from the Commencement Date.
  3. Where the Hire period includes any of the following periods:
    1. 24 December to 2 January
    2. The day before Good Friday to the day after Anzac Day
    3. Other peak time for vehicle rentals.
    You may be notified of a change in rate to be applied during those periods. Where you do not agree to the change in rate you may provide notice in accordance with clause 1(b) of your intention to terminate this RA without penalty.
  4. The Vehicle must be returned to our return location specified on Page 1 of this RA and on the date there specified unless extended by operation of clause 1(b) in which case the Vehicle must be returned upon termination of the RA by notice provided under clause 1(b) or upon expiry of 4 months from the Commencement Date (or sooner, if required pursuant to the terms of the RA).
  5. You will on demand pay to us an amount equal to the daily rental rate specified on page 1 of the RA up to a maximum of 30 days in respect of damages for loss of use for each calendar day or part of a calendar day where the Vehicle is unavailable to us for hire because You have not returned it in accordance with Clause 1(c) or the Vehicle has suffered a mechanical failure (except where You have complied with clause 1(a) or the Vehicle has been damaged.
  6. All Vehicle rentals are provided with a 29 minute ‘grace period’ in which the Vehicle may be used at no charge to you (the “Grace Period“). Should you return the Vehicle after the Grace Period, you will be subject to a minimum of a full day rental charge.
  7. Where the Vehicle is not returned in accordance with clause 1(c) the Vehicle may be immediately reported by us as having been stolen.
  8. We may take possession of the Vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law of the State or Territory of this RA or if it is apparently abandoned or if You refuse to return the Vehicle following the termination of this RA.
  9. If the seal of the Vehicle’s odometer is broken the persons responsible will be reported to the appropriate authority.
  1.  The removal of personal property from the Vehicle at the end of the Hire Period is your responsibility.
  2. We are not responsible for any personal property of yours which might be lost during the Hire Period.
  3. If we discover any property left in the Vehicle we may dispose of it.
  1. You must check the fuel level before leaving our rental location.
  2. The Vehicle must be returned with the amount of fuel equal to that at the time of its first hire to you, if you fail to do so at the conclusion of the Hire Period, you agree to be charged for fuel top-up at a cost of $3 per litre. You will be responsible for any damage caused to the Vehicle as a result of putting incorrect fuel in the Vehicle.
  1. You must not, and must ensure that no other person is allowed to use the Vehicle, who:
    1. is not identified as an Additional Driver in this RA or has not otherwise been identified to and approved by us in writing;
    2. is not licensed to use that class of vehicle of which the Vehicle qualifies;
    3. has a blood alcohol concentration exceeding that allowable by law in the State or Territory of this RA and current as at the date of this RA; or
    4. has given or for whom you have given a false name, age, address or drivers licence details to us.
  2. You and any Additional Driver authorised by us who drives the Vehicle must not, unless authorised in writing by us, drive or take the Vehicle:
    1. Into the Northern Territory
    2. Above the snow line in New South Wales and Victoria from the beginning of June until the end of September
    3. In Queensland:
    4. beyond Chillagoe in a westerly direction;
    5. beyond Normanton in a southerly direction
    6. beyond Cape Tribulation in a northerly direction;
    7. [to] Stradbroke Islands, Moreton Island or Kangaroo Island; and/or
    8. on beaches or through streams, dams, rivers or flood waters
  3. The following circumstances in which and / or for which the Vehicle must not be used:
    1. in the ‘Area of use Limitations’ stated above;
    2. to carry persons for hire or to carry any inflammable, explosive or corrosive materials;
    3. to propel or tow any Vehicle, trailer, boat or other object unless we have authorised such use in writing;
    4. to carry any greater load and/or more persons than is lawful or use the Vehicle in a manner or for a purpose other than for which it was designed and constructed;
    5. to carry any animal or pet in the Vehicle unless authorised by us in writing;
    6. for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
    7. in a dangerous manner; and
    8. in contravention of any legislation or regulation, within the State or Territory of this RA, controlling vehicular traffic, or otherwise for any illegal purpose
  4. Should you or any Additional Driver fail to comply with any term of this RA, all losses/damages suffered or incurred by us arising out of such failure will be at your expense. You accept responsibility for all tolls, traffic violations and the costs of any tolls or traffic violations.
  1. You are responsible for and you authorise us to debit the credit, debit, or charge card provided (and you will pay on demand any balance) with the following charges, cost or expenses:
    1. All charges claimed from us in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the Vehicle is returned to us.
    2. All loss or damage to the Vehicle (including loss of use) legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and service charges which result from the following uses, acts or omissions in respect of the Vehicle by you or an Additional Driver:
      1. any condition of this RA, and in particular Condition 4 (Unauthorised and Prohibited Use) has been breached;
      2. you have left the Vehicle unlocked or left the keys in the Vehicle;
      3. you have not kept the key to the Vehicle secure and under your personal control;
      4. the underbody of the Vehicle is damaged;
      5. the Vehicle is totally or partially immersed in water;
      6. the interior of the Vehicle is damaged other than by normal wear and tear;
      7. the tyres of the Vehicle are damaged other than by normal wear and tear;
      8. the Vehicle or any third party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle;
      9. damage the roof of the vehicle as a result of any person standing or sitting on the vehicle or a heavy object being placed on the vehicle roof causing damage such as, but not limited to, scratching or denting.
      10. you have failed to maintain all fluid and fuel levels of the Vehicle or failed to immediately rectify or report to us any defect of / in the Vehicle of which you become aware;
      11. the Vehicle is damaged by loading or unloading, other than normal wear;
      12. you fail to properly secure any load or equipment which leads to damage to the Vehicle caused by that load or equipment
      13. For the avoidance of doubt, the Excess Reduction set out on page 1 of this Rental Agreement does not apply to reduce any of the losses, cost or expenses set out in this section.
      14. Hire charges specified on Page 1 in the event that you are in breach of your Obligations set out at clause 6 of the Mandate.
 

Special Note: If you have paid by use of a credit, charge or debit card or directed us to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due in accordance with this RA, you will promptly pay the full amount due to us on demand.

Special Note: Joint hirers are jointly and severally responsible under this RA.

Provided at all times that you duly comply with the terms and conditions of this RA then we will grant damage cover (including legal costs incurred with our consent) for your benefit in respect of any damage occasioned to the Vehicle, including hail damage or any damages to third party property occasioned by the use of the Vehicle (except for and other than to any property owned by you or any friend, relative, associate or passenger or in your physical or legal control).

This cover is subject to:
  1. your payment of the base insurance excess charge stated on Page 1;
  2. You or the Additional Driver not having acted or having caused any other person to have acted in any manner which is in contravention of this RA;
  3. You or the Additional Driver not being covered under any third party policy of insurance; and
  4. You or the Additional Driver providing such information and assistance as may be reasonably requested, and, if necessary, agreeing to appoint us [or our insurer] as your agent and representative to bring, defend or settle legal proceedings where we have reasonable grounds to bring, defend or settle such proceedings. You and the Additional Driver acknowledge that we may appoint and give instructions to legal advisers on your behalf in respect of such legal proceedings. We will meet your reasonable out-of-pocket expenses in complying with this Condition 6(d)
  5. You or the Additional Driver not driving the vehicle on unsealed roads except where the Vehicle is a 4WD
  6. You or the Additional Driver not driving the vehicle off road except where the Vehicle is a 4WD but at all times subject to prohibitions of the Vehicle being used on a beach, grassed area, sand dune, fire trail, scrub, track, field, paddock, or to cross a stream, river, creek or any other body of water without the express written consent of Us.
  7. You or the Additional Driver not damaging the top of the vehicle or the property of others by driving into any overhead obstruction.
  1. You acknowledge and expressly consent to the fact that the Vehicle may be fitted with devices which allow Compass to monitor and record the location of the Vehicle at any given time. Data obtained from any such device may be used for any lawful purpose including as evidence in the event of a contested toll, infringement notice or in respect damage suffered by the Vehicle.
  2. This Agreement and any debt owing pursuant to this Agreement may be assigned by us at its discretion but cannot be assigned by you without prior written consent from us.
  3. We have the right to, on notice to you,
    1. inspect the Vehicle(s) at any point; and,
    2. swap out the Vehicle in our discretion, if we deem it reasonably necessary.
  4. You will promptly report any incident involving loss or damage to the Vehicle or loss or damage involving the Vehicle, while hired under this RA, to the location where the Vehicle was hired and you will promptly deliver to us, every summons, complaint, or paper in relation to such loss or Damage. However, this does not excuse you from reporting all incidents to police or other proper authorities.
  5. Save for liability that we cannot exclude under Condition 8(f) below, our liability to you for all claims for loss or Damages arising directly or indirectly under or in connection with this RA, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity is limited as follows:
    1. We will have no liability to you for any indirect or consequential loss or damage, being loss or damage suffered or incurred by you as a result of a breach of this RA by us which does not arise naturally (that is, according to the usual course of things), from the breach (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage or loss of data); and
    2. the aggregate of our liability to you is otherwise limited to an amount not exceeding the Hire Cost.
  6. Neither you, any Additional Driver or any passengers in the Vehicle will be an agent of ours.
  7. We do not exclude the application of any warranty or guarantee that applies under law including the Australian Consumer Law. We otherwise give no further express or implied warranty hereunder.
  8. No right of ours under this RA may be waived except by writing by an officer of ours.
  9. A breach of any of the terms of the Mandate and Authority to Act, which accompanies this RA, in respect to the hire of the Vehicle to the hirer, will be deemed a breach of this RA and any termination of that Mandate and Authority to Act will operate as a termination of this RA.
  1. You acknowledge and consent that personal information about you and the Additional Driver(s) including information in this RA may come to our knowledge during the terms of this RA.
  2. You further acknowledge and consent in the course of the Hire, due to the Vehicle being fitted with a telematics device, that We may collect personal information about You including your location at any particular time you are driving the Vehicle, your driving habits, the speed at which You are travelling in the vehicle and related information.
  3. If We do not collect your personal information We may be impaired when contesting tolls or infringement notices issued in respect of the Vehicle, in assessing liability in the event of a collision involving the Vehicle or in locating the Vehicle if it is stolen or goes missing.
  4. Generally, personal information collected will be used internally by Compass but it may be required to be disclosed to government bodies or Courts or tribunals in respect of any of the matters set out paragraph 9b. hereof. Compass may also refer this personal information to external recovery agents or similar who may assist with location and repossession of the Vehicle if it becomes necessary. We use your personal information for our legitimate interests and operations in connection with providing vehicle hire and related services including damage monitoring and reporting, responding to accidents and other incidents involving the vehicle.  We may need to disclose your personal information to our related entities, insurers and our service providers.
  5. You acknowledge and consent that personal information about you and the Additional Driver(s) including information in this RA and coming to our knowledge during the terms of this RA, which is permitted to be kept on a credit information file, might be disclosed to a credit reporting agency solely for the purpose of us obtaining information about you from credit providers identified in the credit reporting agency’s reports.
  6. You acknowledge and consent;
    1. that we may use information of the kind referred to in that section for the purpose of assessing your and the Additional Driver(s) credit worthiness;
    2. that a credit reporting agency may disclose personal information about you and the Additional Driver(s) for the purpose of the collection of payment that is overdue to us;
    3. that we may give and seek from other credit providers, any information derived from a report or the entire report to assess your and the Additional Driver(s) credit worthiness and continued credit worthiness, and to notify, exchange and/or obtain from a credit reporting agency and use your and the Additional Driver(s) credit report (or any derived information) for assessing any application for credit made by you or the Additional Driver(s) from time to time.
  7. Compass’ privacy policy is available on its website at the following link (https://itwasntmyfault.com.au /privacy-policy/).
  8. Your personal information may be disclosed to Compass’ employees and independent contractors and their sub-contractors and/or employees in the Philippines, the United Kingdom and the United States.
  9. Words in this clause have the meaning given to them in the Personal Property Securities Act 2009 (Cth) (the ‘PPSA’). You acknowledge and agree as follows:
    1. In some circumstances the arrangements created on the terms of this RA may be a PPS lease of the Vehicle, and this RA is then a security agreement for the purposes of the PPSA;
    2. In the case, you, as hirer, will be taken to grant us a security interest in the Vehicle (in which case the Vehicle is the collateral the subject of the security interest);
    3. We may perfect our security interest by registering a financing statement on the Personal Property Securities Register established under the PPSA;
    4. You must do everything that we reasonably require you to do to enable us to register the financing statement, to ensure that we have first ranking priority for our security interest, and to ensure that the registration and priority are maintained;
  10. For valuable consideration and to secure performance of your obligations, you irrevocably appoint us as your attorney on your behalf to do anything that you are obliged to do under this

We understand how upsetting being involved in a motor vehicle accident can be. Contact Compass today and one of our friendly staff will help with any questions you may have.