Terms and Conditions

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1. Your Rental Contract

1.1 This contract (Rental Contract) You have entered into with Spun Rentals comprises:

(a) the Fees and Charges Guide;

(b) the terms and conditions You agreed to at the time of booking (Booking Terms and Conditions); and

(d) these terms and conditions of rental (Terms and Conditions).

When We refer to the Rental Contract, We mean the combination of each of the documents referred to in clause 1.1(a) to (d).

1.2 The date of the Rental Contract is the date that is shown in the Rental

1.3 Please read the Rental Contract carefully. If there is anything that You do not understand please ask at the Rental Counter before signing the Rental Contract, as Your signature is Your acknowledgement that You have read and understood and have agreed to the terms of the Rental Contract in its entirety and You are bound upon signing it.

1.4 There are words and phrases used in the Rental Contract that have a particular meaning, namely:

Accident means an unintended and/or unforeseen collision between the Vehicle and any other object, including another vehicle, that may result in Damage and/or Third Party Loss.

Additional Rental Charges means the additional Rental Charge which We may charge You in accordance with clause 3.4.

Authorised Driver means any driver approved and recorded by Us on the Rental Agreement, or as otherwise agreed between You and Us in writing.

Claims Administration Fee means the fee charged to cover the expense We incur for handling Your claim and for making arrangements for repairs, towing and other administrative tasks associated with Damage and/or Third Party Loss. The fee ranges from $50 plus GST for a single vehicle accident to $200 plus GST where there is also Third Party Loss (as the expense We incur reasonably varies in these situations).

Corporate Services Agreement means any additional or different terms and conditions which apply to You because of Your account with Us.

Customer Own Insurance means that You have a Corporate Services Agreement with Us under which Your Rental Contract provides no cover for Damage or Third Party Loss arising from the use of the Vehicle.

Damage includes:

(a) any loss or damage to the Vehicle, however caused, that requires repair or replacement but does not include Reasonable Wear and Tear;

(b) salvage fees (but does not include towing fees);

(d) Loss of use

Damage Cover means products You may purchase on or before the Start of Rental at an additional cost to reduce Your excess liability and includes Loss Damage Waiver and Windscreen and Tyre Cover.

Delivery and Collection Fees means a fee which We note either (i) in the Rental Agreement; or (ii) which we advise You is payable at the time You advise Us that You require a Delivery and Collection Service (and which advice We will confirm to You in writing as soon as practicable); or (iii) the amount We determine is reasonable where circumstances arise in which We must perform Delivery and Collection Services (and which amount We will advise You of as soon as practicable).

Delivery and Collection Service means a delivery and collection service that We provide to You which is not pre-arranged in the Rental Agreement, but is either requested by You or required as a result of the circumstances that have arisen during Your rental of the Vehicle (such as a Recovery of the Vehicle, an Accident involving the Vehicle, abandonment of the Vehicle, theft of the Vehicle or the occurrence of some other like event).

Early Return Fee means a fee which We may charge pursuant to clause 2.2, and determined in accordance with the Fees and Charges Guide.

Spun Rentals means the entity that owns the Rental Counter from which you collect the Vehicle. For most rental counters, this will be: Valet 360 Pty Ltd ABN 55 674 624 367 trading as Spun Rentals. Some rental counters are owned and operated by independent third party licensees. If the rental counter you collect the Vehicle from is an independent third party licensee, this is noted on the top of your Rental Agreement and a reference in this Rental Contract is a reference to that independent third party licensee.

Electric Vehicle means a vehicle that is primarily powered either by battery and uses an electrical charging outlet to charge the battery.

Electronic Tolling Lane means a Tolling Lane which is designated as permitting the payment of Tolls by electronic means.

EV Charging Fee means, in respect of Electric Vehicles, the fee imposed in accordance with clause 3.8, determined in accordance with the Fees and Charges Guide.

Excess means the amount shown in the Rental Agreement that You must pay Us (in addition to the Claims Administration Fee) in the event that We reasonably determine there is Damage, theft of the Vehicle or Third Party Loss, subject to the Rental Contract.

Final Inspection means the inspection carried out after We have taken possession of and fully examined and cleaned the Vehicle at the end of the Rental Period.

Fees means each of the fees and costs (and any taxes applicable to them) described in clause 3(a).

Fees and Charges Guide means the fees and charges listed on the Website as of the Start of Rental in the Rental Agreement (which is available at [https://www.spun.com.au/terms-and-conditions/fees-and-charges-guide/ on the Start of Rental, as evidenced by Our records, which can be made available to You in another format upon Your request for the same) that You may be charged in accordance with the terms of this Rental Contract.

Free Rental Kilometres means the daily or total kilometre allowance shown on Your Rental Agreement, which will vary depending on the type of vehicle You rent and Your pick up location.

GST has the meaning given by the GST Law.

GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Interest means the interest charged in accordance with clause 3.15 calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due.

Loss of Use means the fee calculated at the daily rate shown in the Rental Agreement being the loss We estimate We will suffer if the Vehicle needs repair and We are waiting for the repairs to be completed or it is a write-off or has been stolen and We are waiting for it to be replaced.

Loss Damage Waiver / LDW means the damage waiver which you may purchase prior to the Start of Rental to reduce Your liability to Us for any loss or damage to the Vehicle up to the amount of the applicable Excess and the Claims Administration Fee as stated on your Rental Agreement.

Nominated Card means a valid credit card, a Visa or MasterCard branded Debit Cards, as well as American Express, JCB, UnionPay, ApplePay and GooglePay nominated by You as the source of payment or subsequently given by You after the Start of Rental as an additional or alternative source of payment.

Nominated Card Holder means the person who holds the Nominated Card.

Off Road means any trail, Unsealed Road, a road that is not a gazetted road, unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks and includes any similar space or area driven on. Off Road does not include roads being repaired, access roads to recognised camping or accommodation grounds provided that the Authorised Driver drives the Vehicle on those areas at the lower of:

(i) the applicable speed limit; or

(ii) a speed which is sensible and safe and calculated to cause as little Loss or Damage as possible given the nature of the terrain and driving conditions.

Overhead Damage means:

(a) Damage at or above the level of the top of the front Windscreen of the Vehicle; or

(b) Third Party Loss, caused by:

(i) contact between the part of the Vehicle that is at or above the level of the top ofthe front windscreen with objects overhanging or obstructing its path;

(ii) use of a Vehicle so that its height exceeds that permitted by law, by- law, regulation or advisory sign in the area of use;

(iii) objects being placed on the roof of the Vehicle; or

(iv) You or any person standing or sitting on the roof of the vehicle

Personal Information means all personal information obtained by Us but otherwise has the same meaning as specified in the Privacy Act 1988 (Cth).

Pre-arranged Delivery and Collection Service has the meaning set out in clause 3.9.

Reasonable Wear and Tear means ordinary wear and tear due to reasonable use and includes minor scratches and chips, small dents and normal wear on tyre treads and wiper blades. Examples of Reasonable Wear and Tear are provided for in Fair Wear & Tear Guide as set out on Our website (available at [https://www.spun.com.au/booking-terms-and-conditions/guide-to-fair-wear-tear/], which can be made available to You in another format upon Your request for the same).

Recovery means the recovery of the Vehicle by lawful means including:

(a) reporting the Vehicle as stolen to the Police;

(b) remotely accessing data relating to the Vehicle to determine the location of the Vehicle and sharing that information to others to assist Us to recover the vehicle;

(d) taking the Vehicle into our possession.

Refuelling Fee means, in respect of non-Electric Vehicles, a fee imposed in accordance with clause 3.8, determined in accordance with the Fees and Charges Guide.

Rental Charges means all rental and associated charges plus GST or other taxes and levies required by law all shown in the Rental Agreement.

Rental Counter means the branch or rental location from which You hired the Vehicle.

Rental Period means the longer of the period shown in the Rental Agreement or the period for which the rental is extended by Us.

Rental Security Bond means the security authorised by You to Us as security for Your return of the Vehicle.

Reservation means the time and date agreed in accordance with the Rental Agreement where You undertake to collect the Vehicle immediately prior to the commencement of the Rental Period.

Restricted Territory means:

(a) if You collect the Vehicle from a Rental Counter located in Western Australia, the Restricted Territory is all States and Territories except for Western Australia (You may only drive the Vehicle in Western Australia);

(b) if You collect the Vehicle from a Rental Counter located in the Northern Territory, the Restricted Territory is all States and Territories except for the Northern Territory (You may only drive the Vehicle in the Northern Territory);

(c) if You collect the Vehicle from a Rental Counter located in a State or Territory that is not the Northern Territory and not Western Australia (being South Australia, Queensland, New South Wales, Australian Capital Territory, Victoria or Tasmania), the Restricted Territory is Northern Territory and Western Australia (You may only drive the Vehicle in States and Territories that are not the Northern Territory and not Western Australia, You may only drive the Vehicle in South Australia, Queensland, New South Wales, Australian Capital Territory, Victoria or Tasmania).

Serious Breach means a breach of any of clauses 5.1(a), 7.2, 7.3, 7.5, 7.7, 7.10 or 10.5 that actually causes or which had the potential to cause Damage, theft of the Vehicle or Third Party Loss.

Snow Line means the gates leading to any of the national parks or snowfields in Australia between 1 June and 31 October, or any area where it is indicated, required, recommended or directed that snow chains are to be fitted to the Vehicle and any area in which a reasonable person would fit show chains to the Vehicle.

Start of Rental means the date and time that the rental commences at the Rental Counter shown in the Rental Agreement.

Third Party Application means any application that We may utilise to capture and document the condition of Vehicles prior and post the Rental Period.

Third Party Loss means any loss or damage to third party property, including other motor vehicles, and any third party claim for loss of income or consequential loss.

Toll means all toll charges or other fees and charges imposed by the operator of a toll road for, or taxes payable in respect of each Trip taken by the Vehicle during the period in which You have hired the Vehicle.

Toll Facility means the facility described in clause 12.1.

Tolling Lane means a lane on a roll road at a Toll collection point.

Trip means the driving of a Vehicle past a Toll collection point.

Underbody Damage means any damage to the Vehicle including the drive train, chassis, steering, suspension, brakes, exhaust, floor pan, fuel systems and Electric Vehicle batteries that is caused by or directly results from contact between the underside of the Vehicle and any part of the road way or any object or obstruction including kerbs, gutters, speed or road humps, barriers or wheel stops.

Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means the vehicle described in the Rental Agreement and includes its parts (including its rims), components, Electric Vehicle batteries, accessories (including the Telematics), keys, keyless start or remote control device, audio equipment and tools or any vehicle substituted by Us pursuant to the Rental Contract. A reference to a Vehicle includes an Electric Vehicle.

We, Us, Our means Spun Rentals.

Website means the website at https://www.spun.com.au/.

Windscreen means front windscreen of the Vehicle.

Windscreen and Tyre Cover means a product You may purchase at the Start of Rental at an additional cost to reduce Your excess liability to $0 for any damage to the Windscreen and/or Tyres only. This protection covers You for chips, stars and cracks to the front windscreen and punctures, cuts and abrasions to the tyres caused during normal driving conditions. Please note this cover does not include damage to the rims of the Vehicle.

You, Your means the person, firm, company or organisation renting the Vehicle and includes any Authorised Driver shown in the Rental Agreement.

Your Spun Rentals Account means Your credit cards, Spun Rentals charge accounts or Nominated Cards, as nominated at the Start of Rental for the debiting of charges under the Rental Contract or Rental Contracts, whether those cards were part of the Rental Contract at the Start of Rental or added subsequently.

2. Rental Period

2.1 Your rental of the Vehicle from Us is for the Rental Period and You shall pay the Rental Charges.

2.2 The Vehicle must be returned to the area indicated by staff at the Rental Counter on the date and by the time shown in the Rental Agreement. If You return the Vehicle earlier than the date shown in the Rental Agreement then We will not charge you for the remainder of the Rental Period, however:

(a) We will adjust the rate shown in the Rental Agreement to reflect the actual days which You rented the Vehicle, the adjusted rate may be a higher rate than that shown in Your Rental Agreement; and

(b) We will charge You an amount equal to what You have agreed to pay under the Rental Agreement, to rent the Vehicle for up to two days.

2.3 We understand that circumstances change and that You may require the Vehicle for longer than the Rental Period. If so, You must notify Us at least 2 hours prior to the expiration of the Rental Any extension is strictly subject to availability. If We do not agree to an extension or an extension is not available, you must return the Vehicle on or before the expiry of the Rental Period. If You fail to return the Vehicle on the expiry of the Rental Period, We may take immediate possession of the Vehicle including by recovering the Vehicle by any lawful means. You will be liable to Us for any additional Rental Charges that apply between the time You were meant to return the Vehicle to Us and the time when We retake possession of the Vehicle.

2.4 Any extension We grant may be subject to a requirement that You bring the Vehicle to a rental counter in the East Coast network for inspection.

2.5 If You fail to notify Us at least 2 hours prior to the expiration of the Rental Period that You require an extension, We may terminate the Rental Contract and You must return the Vehicle on or before the expiry of the Rental Period. If You fail to return the Vehicle on the expiry of the Rental Period, we may take immediate possession of the Vehicle by any lawful means, including by

2.6 If You have left property in the Vehicle it will be taken to the Spun Rental rental counter that is most convenient to Us, or the most convenient Police station. If the property is taken to an Spun Rental rental counter, that counter will retain the property for 90 days (Property Holding Period). If the property is not collected, the property will be destroyed or donated at the end of the Property Holding Period.

3. Costs, charges & payment

3.1 At the Start of the Rental Period You must provide a Nominated Card in Your name or the name of an Authorised Driver to pay Your total estimated Rental Charges plus a Rental Security Bond, as security for Your return of the Vehicle, less any amounts which You have prepaid. The Rental Security Bond will be the amount advised to You at the time You book the Rental of the Vehicle. This amount may be reduced where You reduce the Excess payable. A prepaid Visa or Mastercard or an EFT card (that is not the Nominated Card) cannot be used to pay the Rental Security Bond. The Rental Security Bond can be paid using a Nominated Card or such other method as We agree to accept.

3.2 Payment by the Nominated Card is accepted at all Rental Counters. If You seek to use another form of payment, please check with the Rental Counter at which the payment will be made, to ensure that form of payment is accepted by Us, before You sign the Rental Agreement.

3.3 When collecting the Vehicle, the Nominated Card Holder must be present.

3.4 At the end of the Rental Period, You must pay Us:

(a) any outstanding Rental Charges;

(b) the Claims Administration Fee, where there is an Accident, Damage or Third Party Loss;

(c) all reasonable costs to return the Vehicle to the same condition it was in at the Start of Rental, including but not limited to the Refuelling Fee, EV Charging Fee and extra cleaning however excluding any Reasonable Wear and Tear;

(d) any Tolls (and if the Tolls are unknown at that time, they must be paid as soon as We notify You of the Tolls);

(e) any amounts payable under clauses:

(i) 9 to 3.12 (Delivery and Collection Fee, fines, infringements, penalties and court fees);

(ii) 1; and

(iii) 1 to 5.2 (inclusive) (Exclusions to Damage Cover).

3.5 If You exceed the Free Rental Kilometre allowance, then at the end of the Rental Period, You will be charged the fee determined in accordance with the Fees and Charges Guide for each kilometre in excess of the allowance.

3.6 If You extend the Rental Period beyond that shown in the Rental Agreement:

(a) Your entitlement to Free Rental Kilometres may change; and

(b) You will be charged for additional kilometres you incur that exceed the Free Rental Kilometres applicable to Your Rental Period and Vehicle model.

We will advise You of this change when You contact Us to extend the Rental Period.

3.7 If We determine, acting reasonably, that You have taken the Vehicle into a Restricted Territory or any area specified in clause 10 or any island (except for those stated in clause 7.10(h)) (each a Restricted Area), You:

(a) waive the Free Rental Kilometre allowance; and

(b) will be charged the fee for excess kilometres in a Restricted Area fee determined in accordance with the Fees and Charges Guide for every kilometre that We reasonably determine that You have likely travelled in a Restricted Area.

3.8 The Vehicle is supplied with a full tank of fuel, or a battery that is charged to at least 80% (as applicable) where possible. If You return the Vehicle:

(a) without a full tank of fuel or a full battery (as applicable); or

(b) with less than 20% battery charge,

then You will pay Us a Refuelling Fee or EV Charging Fee (as applicable).

3.9 If You request it, or You are unable to, unwilling to or otherwise fail to pick up and or return the Vehicle to the Rental Counter then We may arrange for Your Vehicle to be delivered to or collected from a location other than that directed by the Rental Counter (Delivery and Collection Service). If We provide a Delivery and Collection Service, You will be charged and must pay Us the Delivery and Collection Fee.

3.10 You are liable for and must pay:

(a) any towing fees unless those towing fees arise as a result of a mechanical issue that is not Your fault as a result of an accident, for which You are not responsible;

(b) speeding and traffic fines, infringements and penalties arising from the use of the Vehicle or from a failure (of an act or an omission) to properly use the Vehicle;

(c) fines, infringements and penalties arising from driving, idling, parking (or failing to park), clamping, towing, or release of the Vehicle from compounds;

(d) all enforcement costs, court fees or other reasonable costs arising from sub-clauses (a) or (b); and

(e) any third-party costs to recharge the Electric Vehicle where such costs are invoiced to Spun Rentals. We will pass these costs on to You.

3.11 We may supply Your details to any regulatory authority upon its request, You shall be charged and must pay a fee per infringement if We do. The fee payable is described in the Fees and Charges Guide as a Fines and Infringement Administration Fee. We will use Your contact information in the Rental Agreement and We will promptly advise You of any amount We become aware of that You are liable to pay under clause 10 and clause 3.11.

3.12 If We have paid any amount for which You are liable pursuant to clauses 10 or 3.11 You will also be charged that amount together with fee payable is described in the Fees and Charges Guide as a Fines and Infringement Administration Fee. If We have not paid any amount for which You are liable pursuant to clauses 3.10 or 3.11, and the amount has increased as a result of non-payment, We are not liable to You for the increased amount payable (or for any amount payable). You are solely responsible for paying all amounts that arise from Your action or inaction and the fine, infringement, penalty, cost, Toll or fees that arises from this under clauses 3.10 or 3.11.

3.13 We reserve the right to, after the Rental Period, check that You have paid all amounts due and payable under the Rental Contract, including under clauses 10 to 3.12. If You have not paid all amounts due and payable We may advise You of the nature of the adjustment as soon as practicable. If any amount is due to Us, You authorise Us to charge Your Spun Rentals Account with that amount, including an amount up to the Excess and the Claims Administration Fee and any amounts payable under clauses 3.4 to 3.12 (inclusive) or 5.1 to 5.2 (inclusive). If any amount is due to You from Us, we will credit Your Spun Rentals Account with that amount. These adjustments may be made as soon as practicable and are likely to only arise in the 60 days following the end of the Rental Period (Likely Fine Period). They may arise after the Likely Fine Period (for example, where the regulatory body has taken longer than usual to provide the fine to Us). If they arise after the end of the Likely Fine Period, You must still pay them.

3.14 All transactions involving Us (including payments, refunds, credits or debits) are made in Australian currency. We are not responsible for any amount You are charged by Your bank or other financial provider in its conversion of that currency. If You seek to pay in another currency and We agree to accept payment in another currency, We may charge such additional fees as are charged by Our financial institution and we will apply and appropriate and fair conversion rate to the payment.

3.14 If You fail to pay Us any amount due under the Rental Contract You must also:

(a) pay Us Interest on that overdue amount; and

(b) pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs.

4. Damage Cover and payment of the Excess

4.1 If the Vehicle is subject to:

(a) Damage;

(b) theft; or

for each separate Accident or theft or Third Party Loss, You must pay up to the Excess shown in the Rental Agreement unless Your Rental Contract is for Customer Own Insurance. You must also pay Us the Claims Administration Fee in any instance where the Excess is paid.

4.2 Subject to clause 5, Your Excess liability is reduced if You purchased LDW prior to the Start of Rental.

4.3 You will not have to pay the Excess shown in the Rental Agreement for an Accident or Third Party Loss claim if, acting reasonably We determine that You were not at fault and that:

(a)You have retained and have provided to Us the key for the Vehicle;

(b) You have a legal right and valid license to drive a Vehicle in Australia which is unrestricted;

(c) You have completed and provided to Us the incident report form We request You complete (We will provide this to You either in hardcopy at a rental counter in the Spun Rental network or we will email this to You) – this form will include;

(i) the name, residential address, contact phone and licence number of any person involved (Third Party);

(ii) the registration numbers of all vehicles involved;

(iii) an accurate written and diagrammatic description of the Accident and/or the Third Party Loss and location of the Accident and/or Third Party Loss.

(d) We assess that We have appropriate means to contact You because You are ordinarily an Australian resident;

(e) You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and We reasonably believe that the insurer will agree to pay Us for the Damage.

4.4 If the Excess is payable under clauses 1 and 4.2:

(a) upon inspection of the Vehicle We may make a reasonable estimate of Damage and debit Your Spun Rentals Account that estimated amount up to but not exceeding the Excess shown in Your Rental Agreement; and

(b) once Damage has been assessed We will:

(i) debit Your Spun Rentals Account with the difference up to a total amount not exceeding the Excess shown in Your Rental Agreement if the assessed amount is greater than the estimate; or

(ii) credit Your Spun Rentals Account with the difference if the assessed amount is less than the estimate, and forward to You a tax invoice for the assessed amount;

(c) if We receive notification of Third Party Loss We will make a reasonable estimate of Your liability for that loss and:

(i) debit Your Spun Rentals Account for the amount of that estimate up to but not exceeding the Excess shown in Your Rental Agreement; or

(ii) if an amount has already been debited under subclauses (a) or (b), debit Your Spun Rentals Account for the additional amount of that estimate, up to but not exceeding the Excess shown in the Rental Agreement.

(d) We will refund the Excess paid pursuant to this clause 4:

(i) full if We recover the Damage from a responsible Third Party or their insurer or successfully reject or defend a claim for Third Party Loss; or

(ii) on a pro rata basis if We recover only a proportion of any amount claimed for Damage; or

(iii) any surplus amount if a claim for Third Party Loss is rejected or defended for an amount less than the Excess paid pursuant to clause 5.

4.5 Before We give a refund, We may deduct a reasonable amount for the loss we have suffered for not being able to rent out the Vehicle, together with all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party

4.6 Any refund We provide to You will be made using the same Nominated Card used for the Rental Charges. If the Nominated Card You used is no longer available, We may ask You to provide additional information regarding Your identity, the Nominated Card used for payment and the account or card to which a refund is requested. A refund to Nominated Card that was not used to pay the Rental Charges, may be delayed by up to 7 days to enable Us to protect against fraudulent refunds.

5. Exclusions to Damage Cover

5.1 You will not be entitled to rely on any Damage Cover if there has been a Serious Breach even if you have purchased Our Damage Cover and the Excess has been

(a) Even if You purchase Our Damage Cover and You pay the Excess You will not be entitled to rely on any Damage Cover, for the following (pursuant to clause 1 because each of the following are Serious Breaches):

(i) Damage or Third Party Loss caused by the use of the Vehicle in any area prohibited by the Rental Contract (including driving the Vehicle in a Restricted Territory) or an area referred to in clause 10;

(ii) Damage or Third Party Loss caused to the Vehicle whilst the Vehicle is being transported on a ferry, boat, barge or like vessel (including where the Vehicle sinks or is Damaged by strong seas or the Vehicle moving around on the ferry, boat, barge or like vessel);

(iii) Overhead Damage;

(iv) Underbody Damage, except where We determine, acting reasonably, that the Underbody Damage was not caused or contributed to by You, an Authorised driver or any passenger of the Vehicle;

(v) Damage or Third Party Loss caused deliberately, negligently or recklessly by You, the Authorised Driver or by any other driver or passenger of the Vehicle who has Your actual or implied consent to be in or near the Vehicle;

(vi) Damage or Third Party Loss caused by a failure to comply with road rules and regulations, including by speeding which is excessive or prolonged where:

(a) excessive speeding is driving at a rate that 10% more that the legal speed limit in circumstances where the increase in speed was not necessary to avoid an Accident or to safely drive the Vehicle; and

(b) prolonged speeding means to drive at a speed that exceeds the legal speed limit for 50% or more of the driving time in any 24 hour period;

(vii) Damage caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water during the Rental Period, including that which occurs whilst the Vehicle is being transported during the Rental Period (but not during Our provision of the Delivery and Collection Service or Recovery);

(viii) Damage caused by use of the incorrect fuel type;

(ix) Damage caused by incorrectly charging (or trying to charge) the Electric Vehicle including not complying with the Electric Vehicle manufacturer’s charging instructions (which instructions We have provided to You if You indicated to Us that You did not know how to correctly charge the Electric Vehicle);

(x) Damage caused by jump starting (or trying to jump start) the Electric Vehicle or using an Electric Vehicle to jump start (or trying to jump start) another vehicle;

(xi) Damage that is caused to a Vehicle with a convertible roof by overfilling the luggage compartment above the recommended level, and then activating the convertible roof mechanism;

(xii) Damage or Third Party Loss caused or contributed to by You where You leave the scene of the Accident prior to the attendance of the Police or You fail to report the Accident to the Police as soon as practicable and as required by the Rental Contract; or

(xiii) Damage or Third Party Loss caused by Your failure to inform Us immediately (via the contact details in the Vehicle and in the Rental Agreement) and to follow Our instructions regarding use or non-use of the Vehicle if there is:

(a) a warning light or fault message in the Vehicle;

(b) low engine or brake oils, engine coolant levels or tyre pressures that You become aware of; or

5.2 You will not be entitled to rely on any Damage Cover for:

(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to child restraints, Telematics units, lost keys, keyless start and remote control devices;

(b) property owned by You or any passenger that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the designated area and the keys are returned to the Rental Counter;

(c) loss or damage to Your property, the property of a member of Your immediate family or of an entity related to You, that arises from Your use of the Vehicle;

(d) Damage, theft of the Vehicle or Third Party Loss if Your Rental Contract is for Customer Own Insurance; or

(e) breach of clauses 2, 7.3, 7.5, 7.7, 7.10 or 10.5.

6. Customer Own Insurance

If You have a Corporate Services Agreement with Us that provides for Customer Own Insurance and if Your Rental Agreement records that Your Rental Contract is for Customer Own Insurance:

6.1 Damage and Third Party Loss arising from the use of the Vehicle or theft of the Vehicle are Your responsibility and must be paid in full by You; and

6.2 You agree to fully indemnify Us for:

(a) Damage and Third Party Loss arising from the use of the Vehicle and any loss We have incurred or may incur arising from the theft of the Vehicle; and

(b) any demand, claim, including a claim for legal costs, action or proceeding made, commenced or issued by or against You arising there from.

7. Your responsibilities

7.1 In this section 7, We set out the responsibilities You have to Us when You hire one of Our Vehicles.

7.2 The Vehicle must only be driven by the Authorised Driver. We may approve additional Authorised Drivers on request and an extra charge will apply for each driver we authorised. You are responsible for ensuring that all Authorised Drivers comply with the Rental Contract. You breach the Rental Contract if Your Authorised Driver fails to comply with the Rental Contract.

7.3 You must:

(a) be no less than 21 years of age (a young driver surcharge applies as set out in the Fees and Charges Guide for specific vehicles and drivers under the age of 25 at the start of the Rental Period);

(b) hold a full, current, unrestricted driving licence for the Rental Period valid and appropriate for the class of Vehicle, that shows Your current residential address and which is written in English or an international licence translated into English; and

(i) the Provisional driver must have held his/her Provisional licence for a minimum period of the 12 months at the time of commencement of the Rental Period; and

(ii) the Provisional driver must purchase the highest level of cover under the LDW; and

(iii) the Provisional driver must display the P-plate sign on the Vehicle at all times during the Rental Period and in keeping with the rules and regulations of the State or Territory in which the Vehicle is being driven; and

(iv) the Provisional driver must abide by the restrictions applied to their provision licence at all times during the Rental Period.

7.4 You must also:

(a) allow Us to inspect Your licence at any time during the Rental Period;

(b) prior to the commencement of the Rental Period You must:

(d) allow Us to utilise a Third Party Application to fully inspect and capture images of the Vehicle;

to ensure that the condition of the Vehicle is documented and accurately noted in the Rental Agreement. If there is any discrepancy You must notify Us prior to leaving the Rental Counter.

7.5 During the Rental Period You must take all reasonable care of the Vehicle including:

(a) to prevent Damage, theft of the Vehicle and Third Party Loss;

(b) to ensure that the Vehicle is not overloaded by the number of persons or by the weight of goods carried;

(d) by taking steps to protect the Vehicle against inclement weather such as closing the sunroof or convertible roof to prevent the entry of rain or, where practicable, by garaging the Vehicle to prevent Damage caused by hail;

(e) keep the Vehicle locked and secure; and

(f) ensure the keys and any keyless start or remote control device is under Your personal control at all times. You must be able to produce those keys and device in the event of a theft of the Vehicle;

(g) maintain the Vehicle’s engine and brake oils, engine coolant levels and tyre pressures;

(h) use the correct fuel type; and

(i) by operating the Vehicle in a safe manner and in compliance with all road rules, including by driving the Vehicle at a safe speed which does not exceed the legal speed limit.

7.6 During the Rental Period You must also:

(a) comply with all mandatory seat belt laws, fines may be imposed by the police on any driver and/or passenger who does not have a seat belt properly adjusted and fastened;

(b) comply with all road rules and regulations, including laws, rule and regulations that limit the speed at which You may drive the Vehicle;

(i) that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child; and

(ii) the restraint is properly adjusted and fastened;

(d) return the Vehicle and any accessories supplied by Us including, but not limited to, child restraints and GPS units in the same condition as at the Start of Rental, subject to Reasonable Wear and Tear;

(e) adhere to any mileage instructions displayed in the Vehicle or set by the Rental Counter; and

(f) immediately upon request, provide Us and any regulatory authority Your full, accurate and up-to-date required information relating to the use of the Vehicle during the Rental Period.

7.7 You must never:

(a) use the Vehicle when it is damaged or unsafe;

(b) drive the Vehicle whilst under the influence of alcohol or drugs; or

(d) drive the Vehicle at a speed that is more than the legal speed limit; or

(e) whilst operating the Vehicle:

(i) have a blood alcohol content; that exceeds the limit in the state or territory where the Vehicle is driven; or

(ii) be under the influence of any drug that affects Your ability to drive the Vehicle;

(f) fail or refuse to undergo any breath, blood, oral fluid or urine test or drug impairment assessment in the state or territory in which the Vehicle is driven;

(g) drive the Vehicle in breach of a restriction or condition imposed by the Police or by a Court or other body on Your driving licence which limits or is intended to limit Your right to drive the Vehicle.

(h) commit:

(i) any wilful, deliberate or criminal act, including an act of driver abuse; or

(ii) an act of connivance with any person acting for You or on Your behalf, that causes Damage or Third Party Loss;

(i) drive the Vehicle dangerously, negligently or recklessly;

(j) use the Vehicle for off-roading, reliability trials, a race, rally or contest, speed testing, driving instruction, a driving test or assessment, to propel or tow another vehicle, or in violation of any legislation, order or regulation affecting the use, loading or condition of the Vehicle;

(k) use the Vehicle for any illegal purpose;

(l) sell, rent or dispose of the Vehicle;

(m) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009 (Cth); or

(n) delay reporting any Accident or theft as required clause 8 (h) and clause 10.5.

7.8 You must not:

(a) use a mobile phone or a GPS unit unless the Vehicle is parked or unless the mobile phone or GPS is affixed to the Vehicle and being used in a way that does not require You to hold or touch the mobile phone or GPS unit;

(b) leave the keys to the Vehicle, any keyless start or remote door control device in it or with it whilst it is unattended or unoccupied by You or any passenger;

(d) modify the Vehicle in any way, and no roof racks or towbars are permitted unless fitted by Us;

(e) use the Vehicle for the transport of passengers or property for hire, fare or reward unless the Vehicle is a Commercial Vehicle and You have Our prior written authority; or

(f) use the Vehicle for transporting any animals, unless specifically approved by Us. Additional cleaning charges may apply to cover the expense We incur to return the Vehicle to the same condition it was in at the Start of Rental if there is a breach of this condition; or

(g) use the Vehicle is an unsafe or dangerous way, including by driving the Vehicle at a speed which exceeds the speed limit; or

(h) wait more than twenty-four (24) hours to report to Us any Accident or theft of the Vehicle in writing (including via any online platform We provide) or verbally and complete all documentation that We require and forward any Third Party correspondence or court documents to Us within 7 days of receipt.

7.9 You and any passengers must not smoke in the Vehicle. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 year of age. Additional cleaning charges will apply to cover the expense We incur to return the Vehicle to the same condition it was in at the Start of Rental if there is a breach of this

7.10 Parts of Australia are not suitable for access by rental To prevent Damage to the Vehicle and for Your own personal safety We strictly enforce conditions that restrict Your use of the Vehicle. Unless We have given Our prior written consent, You must never take the Vehicle:

(a) into or out of a Restricted Territory;

(b) on any Unsealed Road;

(d) Off Road;

(e) onto any road where We have notified You that the use of the Vehicle is prohibited;

(f) on any road where the police or any government or statutory authority has issued a warning, caution or which has been closed;

(g) between mainland Australia and Tasmania in either direction;

(h) onto any island with the exception of:

(i) Kangaroo Island;

(ii) Stradbroke Island;

(iii) Magnetic Island;

(iv) Bribie Island;

(v) Phillip Island; or

(vi) Bruny Island,

(i) through any river, stream, creek or tidal crossing;

(j) through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the Vehicle unsafe;

(k) in Queensland to:

(i) drive north of Chillagoe or west of Georgetown;

(ii) drive north of Cooktown or Laura;

(iii) drive on the Burke Development Road;

(iv) drive north of Maggieville;

(v) drive on Unsealed Roads, including those that are north and west of Mt Isa;

(vi) drive on the Bloomfield track; or

(vii) drive on the Savannah Way;

(l) in Western Australia to:

(i) drive outside any town or city limits between sunset and sunrise;

(ii) drive north of Exmouth;

(iii) drive east of Kalgoorlie-Boulder Township; or

(iv) drive east of Esperance;

(v) drive north of Kalgoorlie on Goldfields Hwy 49;

(vi) drive on Eyre HWY, east of Norseman;

(vii) drive on HWY 138 (Marble Bar Rd), north of Newman;

(viii) drive on HWY 95, north of HWY 136 (Narutarra-Munjina Rd);

(ix) drive on HWY 354 (N W Coastal Hwy) north of HWY 136;

(m) In Northern Territory to:

(i) drive outside any town or city limits between sunset and sunrise;

(ii) drive on any Unsealed Road;

(iii) drive in excess of any kilometer limit in the Rental Agreement;

(iv) drive on the Buntine HWY

(v) drive on Central Arnhem Road

(vi) drive on Roper HWY

(vii) drive on Gunlom Falls Road

(viii) drive on Jim Jim Falls and Twin Falls in Kakadu National Park; and

(ix) drive on or in the Lost City in Litchfield Park.

7.11 Any towing or recovery costs incurred whilst on any islands stated in clause 10(h) will be at Your expense and we cannot guarantee that a replacement vehicle will be provided.

8. Electric Vehicle

8.1 You must monitor and maintain sufficient battery in the Electric Vehicle at all times.

8.2 The performance of the Electric Vehicle’s battery depends on how the Electric Vehicle is operated. You must operate the Electric Vehicle in a reasonable manner, using due care and skill. You must not speed in the Electric Vehicle. To the extent that Your operation of the Electric Vehicle effects the performance of the Electric Vehicle, You are responsible for how the Electronic Vehicle is operating.

8.3 You may use electric vehicle charging stations to recharge the Electric Vehicle. You may use Tesla charging stations. You must reimburse Us for any charging fees You incur for the Electric Vehicle. You must only charge the Electric Vehicle in the manner that We have shown or instructed You. Where it is possible for Us to do so, We may provide charging cables to You to charge the Electric Vehicle. If We supply charging cables to You, You must only charge the Electric Vehicle using the cables which We supply. You must only charge the Electric Vehicle in accordance with the manufacturer’s charging instructions which We have provided

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