VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS
This is an agreement between You, the hirer, and any authorised driver identified on the Rental Agreement, and Us to
rent the Vehicle described on the Rental Agreement. These Terms and Conditions and the Rental Agreement comprise
the overall agreement (Agreement) You have with Us for the rental of the Vehicle.
1 Vehicle Condition and Return
1.1 The Vehicle that is delivered to You is in good operating condition and mechanically sound.
1.2 You agree to return the Vehicle in the same condition it was in at the commencement of the rental, subject to
reasonable wear and tear, together with all of its tools, tyres, accessories and equipment on the date and to the
location specified on the Rental Agreement.
1.3 We must be notified and agree to any extension of the period of hire beyond that stated on the Rental
Agreement in advance of the return date and time or, if the location of the Vehicle is unknown, after making
reasonable attempts to contact You, report the Vehicle to the police as stolen.
1.4 If the Vehicle is returned to Us early there is no entitlement to a refund.
1.5 If the Vehicle is returned more than one hour after the time set for its return in the Rental Agreement the rates
specified in the Rental Agreement will not apply and You will be charged additional standard hourly rates up to
one full day's standard rental and a further full day's rental for each 24 hour period or part thereof until the
Vehicle is returned to Us.
1.6 You must return the Vehicle to the rental location stated on the Rental Agreement although one way rentals
may be available at an additional fee but must be agreed by Us and noted on the Rental Agreement prior to the
commencement of the rental.
2 Unauthorised and Prohibited Use
2.1 The Vehicle must only be driven by a person:
(a) who is identified on the Rental Agreement or has been agreed by Us in writing prior to the
commencement of the rental;
(b) who is licensed to drive that class of Vehicle;
(c) whose driver’s licence has not been cancelled, endorsed or suspended within the last three years;
(d) who has held a drivers licence for no less than three years;
(e) who is not less than 21 years of age; and
(f) who has not given a false name, age, address or driver’s licence details.
2.2 The Vehicle must never be:
(a) driven outside the state in which the Vehicle was rented unless interstate use has been agreed by Us
prior to the commencement of the rental in which case additional charges may apply;
(b) driven on Unsealed Roads or off road unless authorised by Us in writing or on the face of the Rental
Agreement prior to the commencement of the rental;
(c) driven on any beach or through rivers, streams, creeks or tidal crossings;
(d) driven through flood waters or on any road that has been closed by the police or a government or
(e) driven above the Snow Line;
(f) used to carry any dangerous, hazardous, inflammable, explosive or corrosive materials or substances
in quantities above that used for domestic purposes;
(g) used to propel or tow any vehicle, trailer, boat or other object unless We have authorised such use in
writing prior to the commencement of the rental;
(h) used to carry any greater load and/or more persons than is lawful or use in a manner or purpose other
than for which the Vehicle was designed and constructed;
(i) used for racing, pacemaking, reliability trials, hill climbing or testing in preparation for those purposes;
(j) driven in a reckless or dangerous manner;
(k) driven in an unsafe or unroadworthy condition; or
(l) used for any illegal purpose.
2.3 The Vehicle must never be:
(b) damaged deliberately or recklessly; or
(c) sold, leased, rented or disposed of,
and You must not register or claim to be entitled to register any interest in the Vehicle under the Personal
Property Securities Act 2009 (Com).
2.4 The Vehicle must never be:
(a) used to carry persons for hire or for rideshare purposes; or
(b) used to carry any animal or pet, except assistance animals, unless authorised by Us in writing on the
face of the Rental Agreement before the commencement of the rental.
2.5 The Vehicle must never be driven by any person:
(a) who is intoxicated or under the influence of alcohol or drugs;
(b) who has a concentration of drugs or alcohol that exceeds the limit prescribed by law in the state or
territory where the Vehicle is driven;
(c) in whose breath, blood, urine or oral fluid the concentration of drugs or alcohol is above that
concentration where it is an offence to be in control of, or drive, or be in charge of, the Vehicle; or
(d) who has failed to undergo any breath, blood, urine or oral fluid test or drug impairment assessment.
2.6 If there is a Substantial Breach of the Agreement We may:
(a) terminate the Agreement; and
(b) take immediate possession of the Vehicle.
3 Your Obligations
3.1 At the commencement of the rental and before collecting the Vehicle:
(a) You must pay Us the anticipated Rental Charges; and
(b) We will preauthorise Your credit card for an additional amount of up to $300 that covers extra charges
that may be incurred during Your rental.
3.2 You must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure it is protected from the weather;
(c) maintaining the engine and brake oils, coolant levels and tyre pressures; and
(d) making sure that it is not overloaded or overheight.
3.3 Joint Hirers are jointly and severally liable under the Agreement.
3.4 At the end of the rental You are liable for and must pay Us:
(a) the balance of all rental charges specified on the Rental Agreement;
(b) an amount up to the Damage Loss Liability Charge as required by clause 4.3;
(i) Overhead Damage;
(ii) underbody damage caused by or resulting from an impact with the underbody of the Vehicle
other than that caused by a collision with another Vehicle;
(iii) reversing damage if the Vehicle is a Commercial Vehicle; and
(iv) damage caused by immersion of the Vehicle in water; and
(d) any additional charges, including additional cleaning of the Vehicle or any refuelling costs.
3.5 You must not smoke in the Vehicle and You must prevent any passenger from doing so and You must pay for
the additional cleaning cost if this condition is breached.
3.6 You must pay:
(a) all tolls, speeding and traffic fines and infringements; and
(b) all parking fines;
incurred during the period of the hire or until such later time as the Vehicle is returned to Us and:
(c) all charges imposed for the release of the Vehicle if it has been seized by a responsible authority; and
(d) an administration fee of $50.00 plus GST for processing each violation notice or late toll invoice.
3.7 You must also pay an administration fee of $50.00 plus GST for the administrative costs of:
(a) claims administration when the Vehicle has been damaged, there is a claim for third party loss or the
Vehicle has been stolen;
(b) arranging additional cleaning of the Vehicle; and
(c) overdue rentals.
3.8 If You do not pay any amount due and payable to Us pursuant to this Agreement within 30 days of the due date,
You must also pay Us:
(a) interest at the rate of 10% on the overdue amount until the full amount is received by Us; and
(b) the reasonable costs and charges We incur in recovering any overdue amount including collection fees
and commission charged by a debt collection agency and all legal costs;
and You acknowledge that if You fail to pay any amount due to Us We may refer that failure to a Credit
4 Damage Cover and exclusions
4.1 If You act within the terms and conditions of the Agreement We will grant Damage Cover (including legal costs
incurred with Our consent) for Your benefit for:
(a) damage to the Vehicle;
(b) loss of the Vehicle through theft;
(c) towing, recovery and salvage fees;
(d) assessing fees;
(e) Loss of Use; and
(f) damage to third party property
4.2 At the commencement of the rental and at additional cost You may purchase:
(a) Zero Liability (ZDW) which reduces the Damage Loss Liability Charge to nil but this option is available
only on Our Passenger Fleet Vehicles and provides no cover for damage to the Vehicle's wheels,
tyres, windows and windscreen;
(b) Collision Damage Waiver (CDW) which reduces the Damage Loss Liability Charge payable by You to
the amount shown in the Rental Agreement but there is no cover for damage to the Vehicle's wheels,
tyres, windows and windscreen; and
(c) Wheel Damage Waiver (WDW) which provides cover for damage to the Vehicle's wheels, tyres,
windows and windscreen.
4.3 You must pay an amount up to the Damage Loss Liability Charge stated on the Rental Agreement, if:
(a) there has been:
(i) damage to the Vehicle or it has been stolen; or
(ii) damage to third party property; or
(b) We have incurred:
(i) towing, recovery and salvage fees;
(ii) assessing fees; or
(iii) Loss of Use.
4.4 There is no Damage Cover for damage to or loss of property:
(a) owned by You, or any friend, relative, associate or passenger; or
(b) in Your physical or legal control,
that occurs during Your rental and any personal property left in the Vehicle at the end of the rental period will be
held by Us for one month and if not claimed at the expiration of that period will be destroyed without further
notice to You.
4.5 Damage Cover is subject to You:
(a) not being covered under any policy of insurance; and
(b) providing such information and assistance as may be requested by Us and if necessary, assisting Us in
the commencement, defence, maintenance or settlement of legal proceedings, but We shall have sole
conduct of those proceedings.
4.6 There is no Damage Cover and You are liable for:
(a) damage to the Vehicle;
(b) loss of the Vehicle through theft;
(c) towing, recovery and salvage fees;
(d) assessing fees;
(e) Loss of Use; or
(f) damage to third party property,
(i) there has been a Substantial Breach of the Agreement;
(ii) You have left the Vehicle unlocked or left the keys or remote control device in the Vehicle;
(iii) You have not kept the Vehicle's keys or remote control device secure and under your personal
(iv) there has been an impact with the underbody of the Vehicle not caused by a collision with
(v) there is Overhead Damage;
(vi) a Commercial Vehicle has been driven in reverse;
(vii) the Vehicle has been driven off road or on an Unsealed Road or unmade road or surface;
(viii) You have driven into, or used the Vehicle in, an area prohibited by the Rental Agreement or
outside the area of authorised use shown on the Rental Agreement;
(ix) the Vehicle has been totally or partially immersed in water, regardless of cause;
(x) the interior of the Vehicle has been damaged, regardless of cause when no other Vehicle is
(xi) the tyres of the Vehicle have been damaged other than by normal wear and tear;
(xii) You have refuelled the Vehicle with the wrong type of fuel;
(xiii) You have failed to maintain the Vehicle's fluid and fuel levels or failed to immediately rectify or
report to Us any defect in the a Vehicle of which You became aware; or
(xiv) You have failed to secure properly any load or equipment which leads to loss caused by any
part of load or equipment.
5.1 The Vehicle must be returned at the end of the rental period with the amount of fuel equal to that at the time of
the start of the rental.
5.2 If the Vehicle is returned with less fuel, unless prior arrangements have been made and noted on the Rental
Agreement, the difference will be charged at a rate, which may include a service component.
5.3 You must use the correct fuel type for the Vehicle and You are liable for any damage to the Vehicle if the
Vehicle is refuelled with the wrong fuel type.
6 Roadside Assistance, Breakdown, Accidents and Damage
6.1 Twenty four hour roadside assistance is provided free of charge and You must contact the service provider on
+61 3 9554 1362 to arrange that assistance. Provided there has not been a Substantial Breach Our roadside
assistance provider will supply all practical assistance as soon as practicable.
6.2 We are not responsible for and there is no roadside assistance for:
(a) damage caused by use of the incorrect fuel type;
(b) tyre changing;
(c) lost keys;
(d) keys locked in the Vehicle; or
(e) a flat battery in the Vehicle because you have left the lights or audio equipment on,
and extra charges will apply if any of these services are provided at Your request.
6.3 You must:
(a) report any Accident involving loss or damage to the Vehicle, its theft or any loss involving the Vehicle,
to the rental location from where the Vehicle was hired and within 24 hours of its occurrence; and
(b) pay Us up to the Damage Loss Liability Charge stated on the Rental Agreement as required by clause
6.4 You must also:
(a) obtain the name and address, phone number and licence number of the other driver involved in any
Accident and the registration number of the other driver's vehicle;
(b) obtain the name and address and contact details for all witnesses;
(c) take photographs of damage to all vehicles prior to their movement or salvage by a tow operator, if
practicable and safe to do so, as well as of the Accident location;
(d) report all Accidents to the police if:
(i) any person is injured;
(ii) the other party leaves the scene of the collision without exchanging names and addresses; or
(iii) the other party appears to be affected by drugs or alcohol; and
(e) immediately deliver to Us, every summons, complaint or document in relation to such loss.
6.5 You must not repair or authorise anyone else to repair the Vehicle if it is damaged unless You have Our prior
written authority and any pre-authorised repairs will only be reimbursed if You supply Us with a tax invoice for
the repair and receipt for the payment.
7 Our Obligations
7.1 If the Vehicle breaks down because of a mechanical defect We will provide You with all practical assistance,
including the provision of a replacement Vehicle of a similar standard to the previous Vehicle if the defect cannot
be repaired. Our contact number for assistance is +61 3 8336 6100.
7.2 Subject to the Australian Consumer Law, We are not responsible for:
(a) flights that You have missed or are delayed;
(b) holiday or travel plans that are disrupted;
(c) loss of enjoyment; or
(d) economic or consequential loss,
unless We are in breach of Our obligations to You under the Agreement.
8.1 We are committed to complying with the Australian Privacy principles and when We collect Your personal
information We will do so only for the purpose of providing rental services to You.
8.2 You may choose not to provide this information to Us but We may not be able to provide You with Our rental
8.3 We take reasonable steps to make sure that Your personal information is accurate, up to date and complete
and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
9 Resolving Your Complaints
9.1 If You have a complaint or dispute about Your rental with Us, including the service You have received from Us
or decisions made on a claim, You may refer Your complaint or dispute to Our Internal Disputes Resolution
(IDR) process where Your complaint or dispute will be reviewed by an employee who has the experience,
knowledge and authority to conduct a full review.
9.2 The first step is to contact Us at email@example.com or by phone to +61 3 8336 6138 and Our IDR
officer will acknowledge receipt of Your complaint or dispute within 14 working days.
9.3 Provided that We have all the necessary information Our IDR officer will review Your complaint or dispute and
respond to You with reasons for Our decision within 15 working days or if further investigation is required within
a reasonable time frame that We will endeavour to agree with You.
10 General Provisions
10.1 The Agreement is governed by the laws of the state in which the Vehicle is rented and You agree that the courts
in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
10.2 The Australian Consumer Law gives You rights that are not affected by the Agreement and all provisions in the
Agreement are subject to the implied terms and conditions of that law and the corresponding legislation in each
state and territory.
10.3 We may use GPS tracking or other electronic tools to enable the geographical location of the Vehicle to be
tracked or located. By hiring a Vehicle You expressly consent to Us using a GPS tracking device on the Vehicle
during the Rental Period and to Us collecting, using and retaining information from that device. Further
Some words or phrases used in the Terms and Conditions have a specific meaning:
Accident means a single unintended, unforeseen collision between the Vehicle and any other object, including
another vehicle that results in damage to the Vehicle or third party loss;
Commercial Vehicle means a Vehicle that is a van, utility, truck, mini-bus or bus that is constructed and used
for the carriage of goods or property or the transport of passengers.
Damage Loss Liability Charge means the amount up to which You must pay Us:
(a) for damage to the Vehicle, including damage caused by hail;
(b) loss of the Vehicle through theft;
(c) towing and salvage charges;
(d) assessing fees;
(e) Loss of Use; and
(f) third party loss.
Loss of Use means the daily loss We incur as a result of the Vehicle being unavailable for hire because it is
being repaired or has been written off or because it was stolen and We are waiting for it to be replaced.
Overhead Damage means:
(a) damage at or above the level of the top of the front windscreen of the Vehicle;
(b) damage to any part of the pantech or box section of a Commercial Vehicle; or
(c) third party loss,
(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) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
Substantial Breach means a breach of any of clauses 2.1, 2.2, 2.3, 2.5, 3.2, 5.3 or 6.5 that causes damage to
or theft of the Vehicle, towing and salvage charges, assessing fees, Loss of Use or Third Party Loss.
Snow Line means any area within an alpine national park between 1 May and 31 October or any area where
snow is likely to fall or has fallen.
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, including a Commercial Vehicle, described in the Rental Agreement and includes its
components, accessories, tools, tyres and equipment and any replacement vehicle.
We, Us, Our, means Atlas C.T.L. Pty Ltd trading as Atlas Car and Truck Rental ABN 43 158 167 492.
You, Your means the person that rents the Vehicle from Us whether it is an individual, a firm or a company and
includes any person We have authorised to drive the Vehicle prior to the commencement of the rental.
Terms of booking on this website
The rates on this website are often heavily discounted. This is due to our negotiated rates and bulk buying power. On very rare occasions, a rate may be displayed incorrectly due to our, or a vehicle supplier's error. In such a case, if you book with us at a quoted rate that is incorrect, we will notify you of any price change and give you the option to proceed or cancel. We make every effort to keep information on our site up to date, but we cannot guarantee this website is free of errors or omissions and retain the right to update or change the information published at any time.
To the extent permitted by law we/the owners of this website will not be liable to you or to any third party (whether in contract, tort, or otherwise) for any direct, indirect or consequential loss or damage (including but not limited to any accident, injury, delay or loss of enjoyment) arising out of your reliance upon information contained on this website, including but not limited to your use (or inability to use) any products or services described or procured through this website.
When you pick up your vehicle, you will be required to sign a rental agreement with the supplier of the vehicle. Your rental and use of the vehicle will be governed by the terms of the rental agreement and any other documentation or information provided to you by the supplier at the time you pick up your vehicle. The rental agreement is between you and the supplier and we will not be liable to you or to any third party in relation to the terms of the supplier's rental agreement or any other documentation provided to you by the supplier at the time of pick up.
While we will make reasonable efforts to ensure we are representing only reputable suppliers, we make no warranty about the fitness or suitability of any third party (supplier) product or service and will not accept responsibility for the quality or fitness of any vehicle. We welcome feedback from our customers on their experience with our suppliers. We may, at our discretion, provide you with reasonable assistance in resolving any dispute you may have with a supplier.
Our total liability to you in relation to your use of this website and the information contained on this website will not exceed the dollar amount of the deposit we have received from you in relation to your booking/rental. Refunds will not be made for bookings cancelled due to inclement weather. Again, we strongly recommend that you take out travel insurance. Your use of this website is governed by the laws of New Zealand and the jurisdiction of the New Zealand courts.
To make a booking you must complete our booking form which is easy to follow and secured with the latest encryption technology. Once we receive your form, we will, subject to availability, confirm your booking by emailing you a confirmation voucher and invoice.
If you are booking via phone, please make sure you have read the terms and conditions of the vehicle you wish to rent first. Our reservations consultant will ask you if you have read the terms and agree to them before proceeding. The onus is always on the renter to ensure they make themselves fully aware of the terms displayed on our website.
In booking on this website you acknowledge that we disclose your information to your selected Supplier in order to provide the requested rental services.
Vehicle capacity and fitness to drive
Under no circumstances are you permitted to carry more passengers than the vehicle you rent is legally registered to carry, and if you do your insurance may be invalidated. The number of seatbelts (and passengers) is indicated next to each vehicle on this website. Luggage capacity where shown is an indication only and we will not be responsible should you be unable to fit your entire luggage into a vehicle. It is your responsibility to choose a journey that is within your capabilities. A vehicle supplier can refuse to rent a vehicle to any person who is in their opinion unfit to drive or does not meet eligibility requirements. In such circumstances we will have no further liability to you.
In the event of cancellation, any deposit amounts paid at the time of booking are non-refundable.
If you are unsatisfied with our service, please contact us within 48 hours of placing your booking or request and we will work to resolve any issues and determine if compensation is due. In the event you have completed your rental and are unhappy with your vehicle, we are happy to assist you in seeking compensation from the operator of the vehicle.
This website is owned and operated by Online Republic Ltd. Our financial centre and marketing office is based at Level 4 Excelsior House, 6 Commerce St , Auckland, New Zealand. In Australia, we are based at Suite 3.01, 11 Queens Rd, Melbourne VIC 3004. Thank you for booking with us.
Airportrentals.com.au offers great deals all over the world. Compare and save!