Rental Terms
& Conditions

1 Introduction

(a) Your contract to rent a Vehicle from Us (Rental Contract) comprises:

(b) These documents comprise the Rental Contract and create binding and enforceable legal obligations and Your signature on the Rental Agreement confirms Your acceptance of those legal obligations and that You are bound by them.

The Rental Contract is governed by the laws of the Commonwealth of Australia and the state of Victoria and You agree that Victorian courts have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies:

We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature, You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

We may amend these Terms and Conditions by providing You with 30 days' notice in writing. If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period.

Time is of the essence in respect of all of Your obligations under the Rental Contract.

2 Who may drive the Vehicle?

You and any Authorised Driver must be at least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:

The Vehicle must not be driven by You or an Authorised Driver if either You or the Authorised Driver has been refused motor vehicle insurance or had a policy of motor insurance cancelled or declined by an insurer at any time prior to entering into the Rental Contract.

Any word or words in these Terms and Conditions commencing with a capital letter is a defined term. See clause 19.1 for the definitions that apply to each of these defined terms.

3 Prohibited use

The Vehicle must not be driven by You or any Authorised Driver:

You and any Authorised Driver must not:

(a) You and any Authorised Driver must not:

(b) You and any Authorised Driver must not use the Vehicle to carry:

4 Prohibited areas of use

The Vehicle must never be driven:

The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:

If the Vehicle is driven interstate an additional Security Deposit is required as follows:

5 Rental obligations

(a) At the Start of the Rental and before collecting the Vehicle You must:

(b) To avoid any disputes regarding pre-existing Damage We recommend that at pick-up You photograph (at a minimum) the front, rear, sides and interior of the Vehicle and if taken, those photos must be made available to Us if there is a dispute about pre-existing Damage.

(a) The Security Deposit will be retained by Us as security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You ten (10) Business Days after the End of the Rental provided that:

(b) If at the End of the Rental You fail to pay any of the amounts in clause 5.4(a) for which You are liable, We will apply the Security Deposit against those outstanding amounts.

During the Rental Period You must:

You must not use the Vehicle for transporting any pets or animals, with the exception of accredited or trained assistance animals, unless specifically approved by Us.

You must not smoke in the Vehicle (including e-cigarettes) and must take reasonable steps to prevent passengers from doing so — it is an offence in some Australian states to smoke in a vehicle carrying passengers under 18. You must not use the Vehicle to move infectious, biohazardous or biomedical waste. Additional cleaning, disinfection and deodorising charges of up to $110 will apply.

(a) You must comply with all mandatory seat belt laws (fines may be imposed by police for improperly fastened seat belts) and child restraint laws, ensuring restraints for children under 10 years are correctly fitted according to weight and age and properly installed, fitted, adjusted and fastened.

(b) We are not authorised to install child restraints so We are unable to assist You with their installation or answer any questions regarding installation or adjustment.

(a) As a party in the Chain of Responsibility that applies under the Heavy Vehicle National Law, You and any Authorised Driver have a primary duty to ensure, insofar as is reasonably practical, the safety of all transport activities.

(b) In complying with that duty it is Your responsibility and that of any Authorised Driver to know and understand Your transport activities; identify the risks (such as fatigue, speeding, excessive mass or dimensions, poorly restrained loads and unsafe vehicles); assess the risks; find ways to manage the risks; implement appropriate control measures; and monitor the effectiveness of controls implemented.

You must comply with all occupational health and safety laws and regulations relating to the use of the Vehicle and its associated operations.

6 Care of the Vehicle

(a) You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys, keyless start or remote door control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition or in the Vehicle when it is unattended.

(b) In the event of a theft of the Vehicle, You must be able to produce the keys, keyless start or remote door control device to Us unless You can provide a reasonable explanation for being unable to do so.

You and any Authorised Driver must take reasonable care of the Vehicle by:

(a) If the Rental Period is longer than 30 days You must contact Us to arrange for the Vehicle to be returned to the Rental Depot or taken to Our nominated service centre for it to be serviced or exchanged when the next scheduled service is due (per the windscreen sticker), a service indicator is illuminated, or the Vehicle has travelled 10,000 kilometres since the Start of the Rental or since it was last serviced, whichever comes first.

(b) We will pay for the service, parts, tyres and any other issues with the Vehicle providing these were not caused by You or any Authorised Driver.

(c) If You fail to have the Vehicle serviced You will be liable for any Damage caused to the Vehicle.

(d) We also reserve the right to request that the Vehicle be returned to the Rental Depot monthly for its condition to be inspected, or alternatively to require You to supply the Vehicle's current odometer reading and details of its condition, including photos showing any Damage.

(a) You must inform Us immediately if the Vehicle breaks down; any warning lights or messages become illuminated or displayed; You see or become aware of low engine or brake oils or engine coolant levels; or the Vehicle develops any fault during the Rental Period.

(b) If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.

(a) There is no Damage Cover for Overhead Damage to the Vehicle.

(b) You must know Your Vehicle's height before entering or exiting any building (such as car parks, shopping centres, service stations, warehouses, residential garages and drive-through facilities) or passing under bridges, electricity or communication cables, through tunnels or along tree lined streets, and must check there is adequate clearance between the Vehicle and the lowest overhead point of any building, cable, structure or object.

(c) You must also observe any signed clearance limit on commercial buildings, bridges and car parks, and check Your route of proposed travel to ensure there are no likely height clearance limits that will prevent the Vehicle safely travelling on that route.

(d) You must not rely upon GPS or any form of satellite navigation to assess a suitable route of travel.

(e) You acknowledge that Commercial Vehicles may exceed the height of a standard passenger vehicle.

(a) There is no Damage Cover for Underbody Damage to the Vehicle.

(b) You must ensure the Vehicle does not come into contact with any part of the roadway or any object or obstruction that will cause Underbody Damage to the Vehicle.

7 Electric Vehicles

(a) Electric Vehicles are supplied with a minimum 80% charge level and when returning an Electric Vehicle You must ensure that the battery charge level is no less than 80%.

(b) If You return the Electric Vehicle with a battery charge level of less than 80% You must pay the charging cost to bring it to that level, plus a service fee.

(c) The performance of the battery depends on the conditions under which it is operated, including the use of in-car features such as air conditioning. You must continually monitor the available range of an Electric Vehicle and We are not liable or responsible for any shortfall of the battery capacity or range.

(d) You must ensure there is sufficient charge level to complete Your journey because there is no cover for the recovery of an Electric Vehicle with a flat battery and You are liable for all towing and recovery fees which will be charged to Your credit card.

(a) An Electric Vehicle must only be charged using the cables We supply and in strict compliance with the manufacturer's instructions. If You use any other cable, You will be responsible for any Damage that may arise.

(b) You must never attempt to jump start an Electric Vehicle with a flat battery and You must never use an Electric Vehicle to jump start another vehicle.

You must return the charging cables and any key card used to operate an Electric Vehicle at the End of Rental and if they are not returned or are damaged You will be charged the replacement costs.

Daily rental rates do not include the cost of electricity required to charge an Electric Vehicle and You acknowledge that You are responsible for payment of all charging costs which will be debited to Your credit card.

8 Rental Period, financial obligations

(a) Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement.

(b) If You return the Vehicle earlier than the date and time shown in the Rental Agreement We will not refund any unused daily Rental Charges to You unless You provide a reasonable explanation, in which case We may allow a refund but the daily rate will be adjusted for the actual days used.

(c) For Longer Term Rentals: the minimum Rental Period is one (1) month; Rental Charges are payable weekly in advance (clause 5.3); and the full month's Rental Charges are payable if the Rental Contract is terminated before the minimum Rental Period has elapsed.

(a) We understand that circumstances change and that You may require the Vehicle for longer than the Rental Period. If so, You must notify Us no less than one (1) week prior to the expiration of the Rental Period.

(b) If You request an extension, the Rental Charges for the extended Rental Period must be paid on that day. By requesting the extension, You agree these Terms and Conditions continue to apply to the extended Rental Period.

(c) If You fail to notify Us at least one (1) week before the expiration of the Rental Period that You require an extension, and fail to return the Vehicle on the scheduled date and time, the Rental Contract may be terminated, the Vehicle may be recovered (clause 14.8), and the Security Deposit may be forfeited.

(a) You will be charged the Rental Charges for the Rental Period as booked if Your booking is cancelled within 14 days prior to the Start of the Rental, or You fail to notify Us of Your intended cancellation and fail to pick up the Vehicle, unless We are able to rent the Vehicle to another renter for an equivalent term and rate.

(b) A cancellation is not effective until acknowledged and confirmed by Us.

(c) If We cancel Your reservation, You will be fully reimbursed any sums You have paid to Us for the booking.

(a) You and any Authorised Driver must pay fines or charges imposed for parking; infringements and fines for speeding and other driving offences; and fines or charges imposed for release of the Vehicle if seized by a regulatory authority.

(b) An administrative fee of $45 applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.

(c) If We have paid any amount for which You are liable under this clause, You will be charged that amount plus the $45 administrative fee.

(a) You and any Authorised Driver must pay all tolls.

(b) An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag or purchase a day pass for toll roads.

(c) If You fail to do so and We are required to nominate You as the responsible party, We will charge an administrative fee of $45 for each nomination.

(d) If We have paid any amount for which You are liable under this clause, You will be charged that amount plus the $45 administrative fee.

(a) Daily, weekly and 28 day kilometre limits apply to Your rental as noted on the Rental Agreement: 200 kilometres per day; 1,400 kilometres per week; and 5,600 kilometres per 28 days.

(b) For each day, week or 28 day period You exceed those limits You will incur an additional fee: cars and vans 30 cents per excess kilometre; trucks (drivable on a car licence) 32 cents per excess kilometre; and heavy vehicles 42 cents per excess kilometre.

(a) Unless otherwise indicated, all fees and charges are inclusive of GST.

(b) If GST is stated as not inclusive, You are liable for any GST payable.

9 Damage Cover

(a) Standard Damage Cover is included in the Rental Charges.

(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss, however You must pay up to the Damage Excess or, where it applies, the Single Vehicle Accident Excess shown on the Rental Agreement for each Accident, Single Vehicle Accident, or theft claim.

(c) Payment of the Damage Excess or Single Vehicle Accident Excess is required even if You have travel or rental vehicle excess insurance.

(a) Unless You have expressly authorised a charge to Your credit card at an earlier time, an amount up to the relevant excess will be charged to Your credit card as follows:

(b) Supporting documents and particulars of a claim for Damage and Third Party Loss will be forwarded to You as soon as practicable.

An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.

You will not have to pay the Damage Excess shown in the Rental Agreement for a claim for Damage or Third Party Loss if all of the following apply:

(a) The Damage Excess and Single Vehicle Accident Excess payable for Damage, Single Vehicle Accidents and Third Party Loss does not include Loss of Use.

(b) Claims arising from a serious Accident or Single Vehicle Accident may therefore result in an amount payable that exceeds the Damage Excess or Single Vehicle Accident Excess.

(a) We will refund any amount You have paid for the Damage Excess as soon as practicable: in 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; in part, if the repair cost is less than the amount You have paid, or if a claim for Third Party Loss is rejected or defended for an amount less than the Damage Excess; or on a pro rata basis if We recover only a proportion of any amount claimed against a Third Party.

(b) In making a refund We may take into account 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 Loss.

All Accident, attempted theft and theft claims will incur a claims administration fee of $220 in addition to the Damage Excess liability. This fee compensates Us for the labour and associated costs of processing Your claim.

10 Damage Cover Exclusions

Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:

Your entitlement to Damage Cover will be reduced to the extent We are prejudiced as a result of any delay or failure by You or any Authorised Driver to comply with Your obligations under clause 13 of these Terms and Conditions.

There is also no Damage Cover for personal property in the custody of or owned by You; Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside; any relative, friend or associate of an Authorised Driver; or Your employees, 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 Depot.

11 Breakdowns

(a) We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle, but breakdowns do occur.

(b) Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) — if the Vehicle breaks down during the Rental Period You must contact RACV Roadside Assistance on 131 111 to arrange assistance. If the fault cannot be repaired on site We will recover and repair the Vehicle as soon as possible, or if it cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.

(a) We are not responsible for a flat battery (including in an Electric Vehicle); wheel changing for a flat tyre; lost keys, keyless start or remote door control device; or keys, keyless start or remote door control device locked in the Vehicle. Extra charges will apply if any of these services are provided at Your request.

(b) The replacement cost for lost keys, keyless start or remote door control devices ranges from $550 to $1,100, which will be deducted from the Security Deposit or billed to Your credit card.

(c) Roadside assistance does not apply if the incorrect fuel type is used, or the breakdown is caused by a Major Breach, and You are liable for all additional costs incurred or Damage caused.

Subject to the Australian Consumer Law, We are not responsible for flights You have missed, holiday plans that have been disrupted, loss of enjoyment, or consequential or economic loss caused either directly or indirectly as a result of events outside Our reasonable control and not caused by Our negligence, including floods, cyclones, hailstorms, earthquakes, bushfires or pandemics; industrial action; and commercial flight disruptions.

12 Accidents

You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator unless You or a passenger have been injured and require medical attention, or You are directed to do so by the police or emergency services.

If the Vehicle is involved in an Accident or if it is stolen You must contact the Cartrex 24-hour accident contact number 0402 157 360 to report the Accident or theft as soon as practicable (see clause 13 for Your reporting obligations).

If there is Damage to the Vehicle You must not make any repairs to the Vehicle, let anyone else repair or work on it, or tow or salvage it, without Our prior written authority.

(a) Where We have given You Our prior authority to repair the Vehicle as the result of a breakdown or Vehicle fault, You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us.

(b) There is no entitlement to reimbursement if the breakdown or fault was caused by an Accident or is the result of a Major Breach of the Rental Contract.

Acting reasonably, We reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been substantial Damage to it, and a replacement vehicle is always subject to availability.

13 Accident and theft reporting

(a) If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must contact the Cartrex 24-hour accident contact number 0402 157 360 to report it as soon as practicable, but in no case more than 24 hours after it occurring, and subsequently fully complete an Incident Report Form.

(b) The Incident Report Form should include as much information as is reasonably practical, including the contact details for the other driver and witnesses, an accurate written and diagrammatic description of the Accident and its location, and the circumstances under which it occurred.

(c) The Incident Report Form must be submitted to Us within seven (7) days of the Accident or theft, or upon the return of the Vehicle if returned within that period; or if the Vehicle is stolen, immediately the theft is reported to the police.

If the Vehicle is stolen, or if You or an Authorised Driver has an Accident where any person is injured, the other party fails to stop or leaves the scene without exchanging names and addresses, or the other party appears to be under the influence of drugs or alcohol, You or the Authorised Driver must also report the theft or Accident to the police as soon as the theft is discovered or it is practical to do so after an Accident.

If You or an Authorised Driver have an Accident You must: make the Vehicle secure; exchange names, addresses, phone numbers and email addresses with the other driver; obtain the name of the other driver's insurance company; take a photo of the other driver's licence; take the registration numbers of all vehicles involved; take as many photos as reasonable showing the position of the vehicles before being moved, the Damage to the Vehicle, damage to any third party vehicle or property, and the general area (including road or traffic signs); and obtain the names, addresses, phone numbers and email addresses of all witnesses.

Subsequent to the Accident or theft You must forward all third party correspondence or court documents to Us within seven (7) days of receipt; co-operate with Us in the investigation of any Accident or theft claim and supply further information We or Our investigator may reasonably request within seven (7) days; and co-operate with Us in the prosecution or defence of any legal proceedings, including attending Our lawyer's office and any Court hearing.

You and any Authorised Driver must not make any admission of fault; make any offer or promise to pay or settle any claim for Third Party Loss; or agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft or attempted theft.

Your entitlement to Damage Cover will be reduced, including to nil, according to the extent We are prejudiced as a direct result of any delay in complying with the reporting obligations in clauses 13.1 and 13.2, and the obligations in clause 13.4.

14 End of the Rental

(a) You must return the Vehicle to the Rental Depot, on the date and by the time shown in the Rental Agreement, in a reasonable state of cleanliness, in the same mechanical condition it was in at the Start of the Rental (fair wear and tear excepted), and with a full tank of fuel or a battery charge level of no less than 80% if the Vehicle is an Electric Vehicle.

(b) If You return the Vehicle with less than a full tank of fuel, a refuelling charge/recharging fee of $55 plus the cost of fuel or electricity will apply. There is no entitlement to a refund if returned earlier than the date shown. If returned more than one hour after the scheduled time, We will charge $25 per hour up to one full day's rental and a further full day's rental at the standard rate for each 24 hour period or part thereof until the Vehicle is returned. If returned outside Our normal business hours, You must pay the daily Rental Charges and all Damage until the Rental Depot next opens for business, unless We have agreed to an after-hours drop off shown on the Rental Agreement.

At the End of the Rental, You must pay the balance of the Rental Charges (including excess kilometres); the Damage Excess if there is Damage or Third Party Loss or the Vehicle is stolen; any costs We incur including refuelling/recharging and extra cleaning/deodorising costs; all Damage and Third Party Loss arising from a Major Breach; and all Damage and Third Party Loss for which Damage Cover is excluded or reduced under clause 10.

By signing the Rental Agreement, You authorise Us to debit Your credit card within a reasonable time after the End of the Rental for any amount due to Us or remaining unpaid, including Rental Charges, tolls, speeding and traffic fines and infringements, parking fines or charges, administrative charges for unpaid tolls/fines/infringements, extra cleaning and deodorising costs, refuelling or recharging costs, the Damage Excess, or any amount due as a result of a Major Breach.

(a) By entering into the Rental Contract You have agreed to pay all amounts owed to Us under it.

(b) Acting reasonably, We may decline all future rentals if there is any default in payment exceeding 14 days.

(c) If You default in payment, You must pay Us interest on the overdue amount at 10% per annum starting seven (7) days after it became payable until paid in full; We may engage a mercantile agent or debt collector and You must pay Our reasonable costs and charges in recovering the amount; and You authorise Us to provide information of that default to a credit reporting body and obtain an up-to-date consumer credit report on You.

(a) Before returning the Vehicle, You must delete any Personal Information or data (such as mobile phone numbers, stored addresses, or navigation history) that may have been used during the Rental Period.

(b) If You have added the Vehicle to the manufacturer's app on Your mobile phone or other device, at the end of the Rental Period You must remove or delete the Vehicle from that app.

(c) Where You have failed to sign out of an application or remove any Personal Information, We are not responsible for removing it, any future use of Your account by third parties subsequently renting the Vehicle, or access by a third party to, or disclosure of, any Personal Information collected by the Vehicle.

If personal items are left in the Vehicle at the End of the Rental, they will be kept safely for 14 days during which they may be reclaimed, but if not reclaimed they will be dealt with according to state or territory legislation or donated to a suitable charity.

(a) We will take reasonable steps to conduct a post rental inspection in Your presence.

(b) If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct it within one (1) Business Day and if Damage is detected, We will notify You as soon as reasonably practical.

(a) If You fail to return the Vehicle on the scheduled date and time, We may terminate the Rental Contract; if its location is known We may recover it by lawful means, or if unknown, after reasonable attempts to contact You, We will report it to police as stolen; and You must pay any towing or recovery fees incurred.

(b) If the Vehicle is left at any other place than the Rental Depot from which it was rented, termination will take effect only after the Vehicle has been collected by Us and inspected for Damage, and You are responsible for Damage up until that time.

15 Major Breach

You and any Authorised Driver commit a Major Breach of the Rental Contract if:

If You or any Authorised Driver commit a Major Breach of the Rental Contract, or drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred, You and any Authorised Driver have no Damage Cover and are liable for Damage, theft of the Vehicle and Loss of Use; Third Party Loss; and all additional costs or expenses We incur in recovering the Vehicle and any storage costs.

16 Termination of the Rental Contract

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if there has been a Major Breach; there has been a breach of clause 15.2(b); the Vehicle has been illegally parked for longer than 24 hours; or the Vehicle is apparently abandoned.

If the Rental Contract is terminated, it will not affect Our right to receive any money We are owed under it; You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing damage; and You must pay any towing or recovery fees incurred in the Vehicle's repossession.

We may terminate the Rental Contract if You become bankrupt, insolvent, convene a meeting with Your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of Your creditors; or a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any of Your assets.

Acting reasonably We may remotely immobilise the Vehicle, effective from when the ignition is next turned off, if We receive alerts indicating excessive speed or driving that may cause injury or harm or Damage to the Vehicle; the Vehicle has travelled beyond a designated geographical fence; or the Vehicle has been taken into a prohibited area of use (clause 4); or You have failed to pay the Rental Charges for a period of 14 days and clause 5.3 applies.

17 Personal Property Securities Act 2009 (Cth) (PPSA)

You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.

You acknowledge that the Rental Contract may create a security interest (Security Interest) (as defined in the PPSA) in the Vehicle; We have a Security Interest in the Vehicle and it will at all times remain subject to that Security Interest; and We may register the Security Interest on the Personal Property Securities Register.

18 Privacy

(a) We are committed to respecting Your privacy and will not collect, use or disclose Your Personal Information where doing so would be contrary to law.

(b) When We collect Your Personal Information, We will do so only for the purpose of providing rental services to You. If You choose not to provide this information, We may not be able to provide those rental services to You.

(c) We take reasonable steps to make sure Your Personal Information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

(a) To maintain and protect the Vehicle We may fit a Tracking Device to enable Us to monitor the condition, performance and operation of the Vehicle and to track its geographical location and movements.

(b) Information from the Tracking Device may be used during and after the Rental Period. When You sign the Rental Agreement, You expressly consent to Us using the Tracking Device during the Rental Period and collecting, using and retaining information from it for the purposes above.

(c) You must not tamper with the Tracking Device or remove it from the Vehicle.

(a) The technology associated with Electric Vehicles and plug-in hybrid vehicles means that data is generated and used in ways that are different to vehicles without this technology, including charging information, location data, diagnostic data, app data, autopilot data and other general analytic data.

(b) You should read the privacy policy of the manufacturer of the specific Electric or plug-in hybrid Vehicle You hire from Us to understand how data generated by Your use of the Vehicle may be collected and used by the manufacturer.

(c) By using an Electric or plug-in hybrid Vehicle provided by Us, You consent to the collection of Vehicle data as set out above. You may refuse to consent at any time, but this may prevent Us from providing You with such a Vehicle.

19 Definitions and interpretation

In these Terms and Conditions:

Accident

means an unintended, unexpected and unforeseen incident, including a collision between the Vehicle and another vehicle or object (including animals and roadside infrastructure), rollovers, and weather events (including hail and cyclones), that results in Damage or Third Party Loss.

Authorised Driver

means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.

Business Day

means a day which is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Victoria.

Chain of Responsibility

means that part of the Heavy Vehicle National Law that obliges all parties in the supply chain to ensure insofar as is reasonably practical the safety of their transport activities.

Commercial Vehicle

means a Vehicle that is a van, utility, truck or bus that is constructed and used for the carriage of goods or property or for the transport of 12 persons or more, including the driver.

Damage

means any loss or damage to the Vehicle including its engine, parts, components and accessories (including the GPS unit), however caused, that is not fair wear and tear; towing, recovery and salvage costs; and assessing, investigation, appraisal and assessment fees. For the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Cover

means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 9, subject to the Damage Cover Exclusions in clause 10. Loss of Use is not covered by Damage Cover and is additional to the Damage Excess.

Damage Excess

means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered, and includes the additional amount for younger drivers payable under clause 9.3.

Electric Vehicle

means a Vehicle that is an electric vehicle, a battery electric vehicle or a hybrid vehicle that is powered solely or partially by an electric motor drawing electricity from a battery.

End of the Rental

means the date and time shown in the Rental Agreement when the rental ends and by which the Vehicle must be returned to Us.

GST

means the goods and services tax imposed by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Handover Inspection Report

means the document that shows the condition of the Vehicle and lists any Damage at the time of the inspection.

Heavy Vehicle National Law

means the law that applies in all states and territories, except Western Australia and the Northern Territory, to vehicles with a GVM of more than 4.5 tonnes.

Incident Report Form

means the document You must complete and submit to Us if there is Damage to the Vehicle, it has been stolen or there is Third Party Loss.

Longer Term Rental

means a rental where the Rental Period is one (1) month or more.

Loss of Use

means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen and not recovered, and is additional to Your Single Vehicle Accident Excess, Your Damage Excess liability, or Your Damage liability if there has been a Major Breach.

Major Breach

means a breach of any of the clauses listed in clause 15.1.

Off Road

means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Overhead Damage

means Damage to the Vehicle (including its roof, air-conditioning unit, pantech or cargo box, fibreglass canopy or signage) or Third Party Loss, caused by contact between the part of the Vehicle at or above the level of the top of the front windscreen with overhanging or obstructing objects, objects placed on the roof, or a person standing or sitting on the roof.

PPSA

means the Personal Property Securities Act 2009 (Cth).

Personal Information

has the same meaning as in the Privacy Act 1988 (Cth).

Rental Charges

means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies, fully set out in the Rental Agreement.

Rental Depot

means the location from which the Vehicle is rented, as shown on the Rental Agreement.

Rental Period

means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Reversing Damage

means Damage and Third Party Loss caused when the Vehicle is moving in a reverse direction and it impacts with another stationary vehicle or immovable object such as a building, vegetation or roadside infrastructure.

Security Deposit

means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental, fully refundable subject to clause 5.4.

Single Vehicle Accident

means an Accident that involves a collision between the Vehicle and another object when no other moving vehicle is involved (including impacts with animals, roadside infrastructure, buildings, rollovers and impacts with any stationary object including other parked vehicles); another vehicle where the vehicle or driver has not been identified; or a Commercial Vehicle moving in reverse which impacts with another stationary vehicle or immovable object.

Single Vehicle Accident Excess

means the amount, including GST, You must pay in the event there is a Single Vehicle Accident that causes Damage to the Vehicle.

Snow Line

means the alpine regions and snowfields in Victoria (commencing at Bright) and New South Wales (commencing at Jindabyne) between 1 June and 31 October; any area in Tasmania that receives snow; or any area where snow chains are indicated or required to be fitted to the Vehicle.

Start of the Rental

means the date and time that the rental commences as shown in the Rental Agreement.

The Australian Consumer Law

means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Third Party Loss

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

Tool of Trade

means use of the Vehicle for excavating, digging, grading, scraping, drilling, lifting, pumping, spraying, vacuuming and other mechanical work, other than for loading/unloading goods by a crane mounted on the Vehicle, transit to/from/within a worksite, or transport or haulage.

Tracking Device

means a GPS or other device fitted to the Vehicle with electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.

Underbody Damage

means any Damage to the Vehicle (including its engine, differential, suspension, exhaust system, transmission, Electric Vehicle batteries, chassis, fuel tank or axles) caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction (including kerbs, gutters, speed or road humps, barriers or wheel stops), and does not arise as a result of an impact with another vehicle.

Unsealed Road

means a road, other than a road undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle

means the vehicle or Electric Vehicle described in the Rental Agreement and includes its parts, tools, components, accessories, keys, keyless start or remote door control device, audio equipment, GPS Tracking Device, child restraints, spare tyre and first aid kit (if fitted), and includes any replacement Vehicle.

We, Us, Our

means MC Australia Pty Ltd trading as Cartrex, ABN 25 625 106 416.

You, Your

means the person, whether an individual, a firm or company or government agency, that rents the Vehicle from Us and whose name is shown in the Rental Agreement, and includes any Authorised Driver.

In these Terms and Conditions, unless the context otherwise requires: headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and where You comprises two or more persons each is bound jointly and severally.