Rental Agreement Terms and Conditions

1.1 This Contract (Rental Contract) You have entered into with East Coast Car Rentals comprises the rental document for the hire of the Vehicle (Rental Agreement) and these terms and conditions of rental (Terms and Conditions). When We refer to the Rental Contract We mean both the Rental Agreement and the Terms and Conditions.

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

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

1.4 There are words and phrases used in the Rental Contract that have a particular meaning that You need to be familiar with:

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

Administration Fee means the fee charged by Us for the administrative costs associated with Your rental.

Additional Rental Charges means the additional Rental Charge which is imposed in accordance with clause (b).

Authorised Driver means any driver approved and recorded by Us, either on the Rental Agreement or by prior written agreement.

Claims Administration Fee means the fee charged for handling Your claim and for making arrangements for repairs, towing and other administrative tasks associated with Damage 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.

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 means:

(a) any loss or damage to the Vehicle, however caused, that requires repair or replacement, subject to Reasonable Wear and Tear;

(b) towing and salvage fees;

(c) assessing fees; and

Damage Cover means products You may purchase at the Start of Rental at an additional cost to reduce Your excess liability.

Debit Card means Debit MasterCard or Visa Debit Card.

Delivery and Collection Service refers to a service which may be requested that your vehicle is delivered to or collected from a location other than a Rental Station.

Delivery and Collection Fees means a fee which is imposed in accordance with clause 3.8 and will be determined in accordance with the Fees and Charges Guide.

Early Return Fee means a fee which is imposed in accordance with clause 2.2 and will be determined in accordance with the Fees and Charges Guide.

East Coast Car Rentals means Rental Car Holdings Pty Ltd ABN 33 129 240 268 trading as East Coast Car Rentals.

Excess means the amount shown in the Rental Agreement You must pay Us in the event of Damage, theft of the Vehicle or Third Party Loss, subject to these Terms and Conditions. The amount payable includes the Claims Administration Fee and is subject to GST.

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 and Charges Guide means the fees and charges listed on Our website (or can be made available to you on request) 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, note that this will vary depending on the type of vehicle You rent and your pick up location.

GST has the meaning given by the GST Law;

Interest means the Interest charged in accordance with clause 3.14 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 Our loss because 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 means the purchase of a damage waiver which reduces Your liability to us for any loss or damage to the Vehicle up to the amount of the applicable Damage Excess, as stated on your Rental Agreement.

No Show Fee means a fee which is imposed in accordance with clause 2.6 and will be determined in accordance with the Fees and Charges Guide.

Off Road means any area that is not a gazetted road nor a sealed road nor an 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:

(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 of the front windscreen with objects overhanging or obstructing its path;

(ii) use of a Commercial 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

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

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 Our Reasonable Wear and Tear Policy as set out on Our website (or can be made available to You on request).

Refuelling Charge means a fee imposed in accordance with clause 3.6 and will be 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 Station means the branch or rental location from which You hired the Vehicle.

Rental Period means the period shown in the Rental Agreement or as extended by Us.

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) Northern Territory; and

(b) Western Australia.

Serious Breach means a breach of any of clauses 5.3, 7.2, 7.3, 7.5, 7.7 or 7.10 that causes 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 or required that snow chains are to be fitted to the Vehicle.

Start of Rental means the date and time that the rental commences at the Rental Station 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.

Underbody Damage means any damage to the Vehicle including the drive train, chassis, steering, suspension, brakes, exhaust, floor pan and fuel systems 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, accessories (including the VMS), keys, keyless start or remote control device, audio equipment and tools or any vehicle substituted by Us pursuant to the Rental Contract.

VMS means Vehicle Monitoring System or any device including a GPS device used to monitor and document Your usage of the Vehicle.

We, Us, Our means East Coast Car Rentals as shown in the Rental Agreement.

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 or any Authorised Driver shown in the Rental Agreement.

Your East Coast Car Rentals Account means Your credit card, East Coast Car Rentals charge account or Debit Card nominated at the Start of Rental for the debiting of charges under the Rental Contract.

2. Rental Period

2.1 Your rental of the Vehicle from Us is for the Rental Period and you shall be charged at the rate shown in the Rental

2.2 The Vehicle must be returned to the Rental Station 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 you will be charged an Early Return Fee.

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.

2.4 If We have agreed to an extension of the Rental Period and Your extended Rental Period is longer than 30 days, You must:

(a) take the Vehicle to Your nearest East Coast Car Rentals Rental Station on day 29 of the extended Rental Period; and

(b) every 30 days thereafter pay the Additional Rental Charges for the extended Rental Period, unless prior written agreement with us has been entered into varying this Contract.

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:

(a) terminate the Rental Contract; and

(b) recover the Vehicle by lawful means.

2.6 In relation to certain products, promotions or packages, You will be charged a No Show Fee where You fail to:

(a) attend the Rental Station to pick up the Vehicle at commencement of Your Reservation; and

(b) provide notice of your intention to cancel Your Reservation prior to its commencement.

3. Costs, charges & payment

3.1 At the Start of the Rental Period You must provide Your credit card or Debit Card to pay Your total estimated Rental Charges plus a deposit, as security.

3.2 When collecting the Vehicle the primary cardholder must be present.

3.3 At the end of the Rental Period You must pay us:

(a) any outstanding Rental Charges;

(b) all reasonable costs to return the Vehicle to the same condition it was in at the Start of Rental including but not limited to extra cleaning and subject to Reasonable Wear and Tear; and

(c) any amounts payable under clauses:

(i) 3.9 (fines, infringements, penalties and court fees);

(ii) 4.1 (Damage Liability Fee); and

(iii) 5.1 to 5.4 (inclusive) (Exclusions to Damage Cover).

3.4 If You exceed the Free Rental Kilometre allowance You will be charged the fee as set out in the fee schedule at https://www.eastcoastcarrentals.com.au/terms-and-conditions/fees-and-charges-guide/ on Our Website (which may change from time to time) for each kilometre in excess of the allowance.

3.5 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.

3.6 If We, in our absolute discretion, deem that You have taken the Vehicle into a Restricted Territory, any area specified in clause 7.10(d), 7.10(j) or any island except for those stated in clause 7.10(e) (each a Restricted Area), You:

(a) will be taken to have waived the Free Rental Kilometre allowance; and

(b) will be charged the fee as set out in the fee schedule at https://www.eastcoastcarrentals.com.au/terms-and-conditions/fees-and-charges-guide/ on Our Website (which may change from time to time) for every kilometre that We in our absolute discretion, deem that you have travelled in a Restricted Area.

3.7 The Vehicle is supplied with a full tank of fuel where possible. If you return the Vehicle:

(a) without a full tank of fuel; or

(b) less fuel than when it was rented,

You will incur a Refuelling Charge.

3.8 If you are unable to pick up and or return the Vehicle to the Rental Station and require Delivery and Collection services, you will be charged a Delivery and Collection Fee.

3.9 You are liable for and must pay:

(a) speeding and traffic fines, infringements and penalties arising from the use of the Vehicle;

(b) fines, infringements and penalties arising from parking, clamping, towing, or release of the Vehicle from compounds; and

(c) all court fees or costs arising from sub-clauses (a) or (b).

3.10 We may supply Your details to any regulatory authority upon its request, you shall be charged an administrative fee if We do.

3.11 If We have paid any amount for which You are liable pursuant to clauses 3.9 or 3.10 You will also be charged that amount together with an administrative fee.

3.12 All amounts payable under the Rental Contract are subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If any amount is due to Us You authorise Us to charge Your East Coast Car Rentals Account with that amount, including an amount up to the Excess and any amounts payable under clauses 3.3 to 3.9 (inclusive) or 5.1 to 5.4 (inclusive) . These charges may be made at any time during or after the end of the Rental Period

3.13 If currency conversion is required for payment of amounts due to Us under the Rental Contract, We will apply the commercial exchange rate valid at the time We credit or debit Your East Coast Car Rentals Account.

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 Vehicles is subject to:

(c) Third Party Loss; then

for each separate Accident or theft, You must pay up to the Excess shown in the Rental Agreement unless Your Rental Contract is for Customer Own Insurance.

4.2 Subject to clause 5, Your Excess liability is reduced if You purchase Loss Damage Waiver (LDW).

4.3 You will not have to pay the Excess shown in the Rental Agreement for a claim if, acting reasonably We determine that You were not at fault and that:

(a) You are ordinarily an Australian resident;

(b) You hold an Australian drivers licence;

(c) You have fully completed Our Incident Report Form with:

(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 location; and

(iv) the names of attending Police Officers and the stations at which they are based; and

(d) 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 East Coast Car 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 East Coast Car 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 East Coast Car 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 East Coast Car Rentals Account for the amount of that estimate; or

(ii) if an amount has already been debited under subclauses (a) or (b), debit Your East Coast Car 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 clause 4:

(i) 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; or

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

(e) 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 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

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 of the Rental Contract even if you have purchased any of Our Damage Cover and the Excess has been

5.2 If You have purchased Windscreen and Tyre Cover, 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.

5.3 Even if You purchase one of Our Damage Cover and You pay the Excess You will not be entitled to rely on any Damage Cover, for:

(a) Damage or Third Party Loss caused by the use of the Vehicle in any area prohibited by the Rental Contract;

(b) Overhead Damage;

(c) Damage, Underbody Damage or Third Party Loss caused deliberately or recklessly by You, any unauthorised driver or any passenger of the Vehicle;

(d) Damage caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water, including that which occurs whilst the Vehicle is being transported;

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

(f) 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; or

(g) 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 reporting the Accident to the police.

5.4 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, VMS 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 Rental Station;

(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 the use of the Vehicle; or

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

6. Customer Own Insurance

6.1 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:

(a) 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

(b) You agree to fully indemnify Us for:

(i) 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

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

7. Your Responsibilities

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

7.2 The Vehicle must only be driven by We may approve additional Authorised Drivers on request and an extra charge will apply for each driver.

7.3 You must:

(a) be no less than 21 years of age (a young driver surcharge applies for specific vehicles and drivers under the age of 25); and

(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.

(c) Drivers who hold a valid Provisional Drivers Licence (P Plate) may rent under the following conditions:

(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.

(ii) The Provisional driver must purchase the highest level of cover under the Loss Damage Waiver.

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:

(i) fully inspect the Vehicle; and

(ii) 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 Rental Agreement. If there is any discrepancy You must notify Us prior to leaving the Rental Station;

(c) tell Us if You will be using the Vehicle to drive interstate.

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

(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;

(c) by using any security device fitted to or supplied with the Vehicle; and

(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; and

(h) use the correct fuel type.

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 or passenger who does not have a seat belt properly adjusted and fastened;

(b) comply with all child restraint laws namely by ensuring:

(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;

(c) 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;

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

(e) 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

(c) 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;

(d) 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;

(e) drive the Vehicle whilst Your driving licence is subject to any restriction or condition;

(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;

(g) drive the Vehicle dangerously or recklessly;

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

(i) use the Vehicle for any illegal purpose;

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

(k) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

7.8 You must not:

(a) use a mobile phone or a GPS unit whilst the Vehicle is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used;

(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;

(c) leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator;

(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.

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 years of Additional cleaning charges will apply if there is a breach of this condition.

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 and unless We have given Our prior written consent, You must never take the Vehicle:

(a) on any Unsealed Road;

(b) above the Snow Line;

(d) between mainland Australia and Tasmania in either direction, or into or out of a Restricted Territory;

(e) 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,

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

(g) 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;

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

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

(J) in Queensland:

(i) north of Chillagoe or west of Georgetown;

(ii) north of Cooktown or Laura;

(iii) on the Burke Development Road;

(iv) north of Maggieville;

(v) on Unsealed Roads north and west of Mt Isa;

(vi) on the Bloomfield track; or

(vii) on the Savannah Way.

(k) in the Northern Territory:

(i) Vehicles rented within the Northern Territory are only permitted for use within the Northern Territory and may be subject to daily Kilometre limits.
(ii) It is prohibited to drive outside any town or city limits between Sunset and Sunrise.
(iii) Unpermitted areas of use include Buntine hwy; Central Arnhem Rd; Roper Hwy; Gunlom Falls Rd; Jim Jim Falls and Twin Falls in Kakadu National Park and the lost city in Litchfield Park, or any road which is unsealed.

7.11 Any towing or recovery costs incurred whilst on any islands stated in clause 10(e) will be at Your expense and there is no guarantee that a replacement vehicle will be provided.

8. Our responsibilities

8.1 When You make a reservation with Us We will provide a Vehicle that is of acceptable quality and in good working order for the Rental

8.2 If the Vehicle breaks down during the Rental Period because of Our negligence We will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired We will use Our best endeavours to provide a replacement Vehicle of an equivalent size and standard to the previous Vehicle for the remainder of the Rental Period.

8.3 If it is not possible to conduct an inspection of the Vehicle with You at the end of the Rental Period We will use Our best endeavours to confirm the condition of the Vehicle with You within 4 working hours of the Final

8.4 We are only responsible for any direct loss that You suffer as a result of Our breach of the Rental We are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss.

9. Roadside Assistance, breakdown, accident & repair

9.1 Free roadside assistance is provided for inherent mechanical faults in the Vehicle but fees and charges apply as determined by our Fees and Charges Guide for all other faults or driver induced errors. Premium Roadside Assistance may be purchased to cover these expenses. These fees and charges are set out in the Fees and Charges Guide and apply to faults and driver induced errors such as:

(a) a flat battery;

(b) lost keys, a keyless start or remote control device;

(c) unlocking the Vehicle when the key, keyless start or remote control device have been locked in it; and

(d) changing a wheel as the result of a flat tyre.

9.2 We reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been major Damage or You have committed a Serious Breach of the Rental

(a) a warning light or fault message appears;

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

(c) the Vehicle develops any fault during the Rental Period,

You must inform Us immediately via the contact details in the Vehicle and in the Rental Agreement and not use the Vehicle unless We have authorised You to do so. If You fail to notify Us and continue to use the Vehicle You will be responsible, irrespective of whether you have purchased the Loss Damage Waiver for any Damage or Third Party Loss.

9.4 You must not let anyone work on the Vehicle or arrange or undertake any repairs to the Vehicle or towing or salvage of it unless We have given You Our prior 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. Any entitlement to reimbursement is subject to there being no Serious Breach of the Rental Contract.

9.5 You must immediately report any Accident or theft of the Vehicle to Us either 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

9.6 If You have an Accident in which:

(a) a person is injured;

(b) the other party failed to stop or exchange details;

(c) the Vehicle or any other vehicle is towed; or

(d) a driver appears to be under the influence of intoxicating liquor or drugs, a report must also be made to the police immediately.

9.7 If the Vehicle is stolen a report must be made to the police immediately the theft is

9.8 If You have an Accident You must also:

(a) make the Vehicle secure;

(b) get the names and addresses of all persons involved, including witnesses;

(c) supply Us with any information concerning the driver of the Vehicle and You must allow Us direct access to the driver of the Vehicle and You must fully co-operate in allowing Us to gain such access;

(d) not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;

(e) permit and assist Us to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyer’s office and/or court; and

(f) allow Us to claim in Your name under any applicable substitute vehicle insurance, and do everything that may be required to assist Us in making such a claim.

10. End of the Rental Contract

10.1 At the end of the Rental Period, in addition to Your obligations under clause 3, You must return the Vehicle to Us:

(a) to the Rental Station;

(b) in the same condition it was in at the Start of Rental, subject to Reasonable Wear and Tear; and

(c) at the date and time set in the Rental Agreement.

10.2 We allow a grace period of 30 minutes for the return of the Vehicle but if it is returned to Us more than 30 minutes after the time set for its return in the Rental Agreement You will be charged one full day’s extra rental.

10.3 If the Rental Contract has not been extended by Us and the Vehicle is returned to Us more than 24 hours after the time set for its return in the Rental Agreement:

(a) the rates shown in the Rental Agreement will not apply and You must pay the standard rate for the Vehicle for the whole Rental Period; and

(b) You will not be entitled to rely on any Damage Cover and You will be liable for Damage and Third Party Loss and any repossession charges or costs We incur in this default period.

10.4 If You return the Vehicle to a rental station other than that shown in the Rental Agreement, or when the Rental Station is closed, or any place other than an East Coast Car Rentals Rental Station:

(c) a one way fee may apply; and

(d) You are liable for and must pay:

(i) for Damage and Third party Loss; and

(ii) the Rental Charges, until the Final Inspection has been conducted in accordance with clause 3.

10.5 If a bond has been prepaid to Us it is fully refundable to You provided that at the end of the Rental Period:

(a) all amounts due to Us under the Rental Contract have been paid;

(b) the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;

(c) You have not incurred any fees or charges in accordance with clause 9;

(d) there is no Damage or Third Party Loss;

(e) the interior and exterior are clean;

(f) the Vehicle has a full tank of fuel; and

(g) there has not been a Serious Breach of the Rental Contract. We reserve the right to retain all or part of a bond if there is a breach of any of these conditions.

11. Termination of the Rental Contract

11.1 We may terminate the Rental Contract and take immediate possession of the Vehicle if You commit:

(a) a Serious Breach of the Rental Contract; or

(b) a reckless breach of road or traffic legislation.

11.2 If the Rental Contract is terminated by Us pursuant to clause 11.1

(a) You must pay for:

(ii) loss of the Vehicle as a result of theft;

(iii) Third Party Loss;

(iv) storage, repossession and recovery fees;

(v) fees for the release of the Vehicle from compounds;

(vi) roadside assistance;

(vii) administrative and legal costs of recovery; and

(viii) the Rental Charges;

(b) it will not affect Our right to receive any money We are owed under the Rental Contract; and

(c) You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing damage.

12. No Waiver

12.1 If we fail to exercise or there is a delay in the exercise of any power, right or remedy conferred on Us under this Rental Contract, this does not operate as a waiver by Us of the power, right or remedy.

13. Applicable law

13.1 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 any implied terms, guarantees or rights You may have under that law or any other Federal, State or Territory legislation.

13.2 The laws of the State in which the Rental Station is situated and of the Commonwealth of Australia govern the Rental Contract.

14. Dispute Resolution

14.1 If You believe there has been an error in Your account or if You have any complaint, Our staff at the Rental Station will help You in every way they can to rectify the error or resolve the If they are unable to assist You or if Your concerns are not resolved to Your satisfaction You may refer the matter to Our internal dispute resolution (IDR) process.

14.2 Upon receipt of Your referral to IDR Our IDR officer will acknowledge receipt of Your referral and will investigate the matter and try to reach a satisfactory

14.3 We will advise You of the final outcome of Your IDR referral within 15 business days of receipt of that referral.

14.4 Referrals to Our IDR process can be to any of the following: Post: Customer Service

East Coast Car Rentals,

PO Box 2560, Southport BC, QLD 4215 Australia

Toll Free: 1800 028 881

Phone: +61 (0)7 5555 8900

14.5 If you are not satisfied with Our Internal Dispute Resolution process, you may contact the Australian Finance Industry Association’s Australian Car Rental Online Conciliation Service by visiting the following URL and completing an online form: https://afia.asn.au/AFIA-Car-Rental-Conciliation-Service

15. Privacy policy

The terms of Our Privacy Policy (available at www.eastcoastcarrentals.com.au) form part of these terms and conditions. Our Privacy Policy sets out how We collect, use, store and disclose Your Personal Information.

Toll Facility Terms and Conditions

1. Your Toll Facility

• Your Toll Facility is provided by East Coast Car Rentals (ECCR) to You to enable You to pay Tolls and Fees relating to the Toll System in accordance with these Terms and
• In order to use Your Toll facility, You or Your Authorised Driver must travel in an Electronic Tolling Lane.
• You remain responsible at all times for the acts and omissions of any Authorised Driver, any other person using the Vehicle or any Authorised Representative using or operating Your Toll Facility, including for any Tolls and Fees they

2. Your vehicle is tag-less and the licence plate is captured to identify when a Toll road is used. You may use your own tag in the Vehicle. If you do use your own tag, You will still be charged Tolls and Fees by ECCR should your tag fail to register or have insufficient funds to cover the Toll fee. Payments, fees and charges in connection with Your Toll Facility.

• You must pay the following amounts to ECCR in connection with the use of Your Toll Facility:
  • All Toll and related costs including the video matching fee (it is Your responsibility to be aware of all Tolls payable in connection with the use of a roll road):
  • The Service Fee of $1.10 for each Toll charge

  3. Payment methods and authority

  Payment by nominated card

  • You:
    • Promise to ECCR that You are authorised to use the Nominated Card to meet Your payment obligations under these Terms and Conditions; and
    • Authorise ECCR to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from ECCR Terms and Conditions.
    • There are insufficient funds available in the Nominated Card to meet your payment obligations under these Terms and Conditions; or
    • A transaction on the Nominated Card is declined for any reason save for:
      • The negligence of, or wilful misconduct by ECCR or any of its officers, employees or agents; or
      • An ECCR systems error,

      You will be charged a Dishonour Fee by ECCR and You (or, if relevant, the Nominated Card Holder) may be charged fees, charges and interest by Your financial institution or, if relevant, the financial institution of the Nominated Card Holder.

      • You must ensure that You immediately provide ECCR with details for an alternative Nominated Card, which can be used to meet Your obligations under these Terms and Conditions, and an authority for ECCR to debit the alternative Nominated Card, if:
        • The existing Nominated Card is cancelled, suspended or is otherwise not useable; or
        • The existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.

        4. Errors in charging Tolls and Fees

        • If ECCR incorrectly credits You with or pays to You an amount in connection with Your Toll Facility ECCR may recover that amount from You provided that ECCR has given You 10 days prior written notice of its intention to do so.
        • ECCR will pay, within a reasonable time, any refund due to You in connection with Your Toll Facility by such method as ECCR may reasonably choose.

        5. Toll Facility Transaction Summary

        You will receive via your nominated email on file a Transaction Summary itemizing any charges made by ECCR

        6. GST

        • Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
        • If GST is stated as not to be inclusive, You are liable for any GST payable.

        7. Definitions

        In these Terms and Conditions, except where the context otherwise requires:

        Authorised Driver means each “Hirer”, “Customer”, “Driver” or “Additional Driver(s)” specified in Your Rental Agreement.

        Authorised Representative means an individual who is 21 years or older and who is authorised by You to use and access Your Toll Facility.

        Credit Reporting Agency means a corporation that carries on a credit reporting business.

        Dishonour Fee means a fee of $1.15.

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

        Toll Facility means the facility described in clause 1(a).

        Fees means each of the fees and costs (and any taxes applicable to them) described in clause 2(a) of these Terms and Conditions.

        GST has the same meaning as In a New Tax System (goods and Services Tax) Act 1999 (Cth).

        Nominated Card means a valid credit card or Master Card or Visa branded debit card nominated by You as the source of payment for all Tolls and Fees.

        Nominated Card Holder means a person other than You who holds a Nominated Card.

        Rental Agreement means the agreement entered into between You and East Coast Car Rentals comprising the document titled “Rental Agreement’ and any other document given to You by ECCR at Vehicle pick-up.

        Rental Co means Rental Car Holdings Pty Ltd trading as East Coast Car Rentals / Sixt (ABN 33 129 240 268).

        Service Fee means a fee of $1.10.

        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.

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

        Tolls and Fees means all Tolls and Fees and any other payments, amounts or charges referred to in these Terms and Conditions.

        Transaction Summary means a summary of the transactions (including the Tolls and Fees incurred) on Your Toll Facility.

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

        Vehicle has the same meaning given to that term in Your Rental Agreement.

        You and Your refers to the person(s) who have agreed to be bound to these Terms and Conditions and with whom the Rental Agreement is made.

        8. Interpretation

        • Headings are for convenience only and do not affect interpretation. Any use of the singular includes the plural and the converse applies. A gender includes all genders.
        • Any reference to dollars and $ is to Australian currency
        • The word includes in any form is not a word of limitation.
        • A reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity.