Terms and Conditions of Hire

1 Introduction

1.1 Hire Contract
Your contract to hire a Vehicle from Us (Hire Contract) comprises:
(a) the agreement (Hire Agreement) You have signed to hire the Vehicle from Us;
(b) the Handover Inspection Report; and
(c) these hire Terms and Conditions (Terms and Conditions);
and together they create binding and enforceable legal obligations.
1.2 Relevant law
The Hire Contract is governed by the laws of New South Wales and the Commonwealth of Australia and You agree that
courts in the state or territory of hire as shown on the Hire Agreement have non-exclusive jurisdiction to determine any
dispute that arises between You and Us.
1.3 The Australian Consumer Law
You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of
the Hire Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws
or any other Federal, State or Territory legislation.
1.4 Electronic signatures
We may use electronic signatures as a means of entry into the Hire 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 Hire Contract.
1.5 Amending these Terms and Conditions
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.

2 Who may drive the Vehicle?

⚠ IMPORTANT NOTICE
A breach of any part of this clause 2 is a Major Breach of the Hire Contract that excludes Your entitlement to
Damage Cover. See clause 11 for further details.
2.1 Authorised Drivers
(a) Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.
(b) Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Hire Contract that
excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these
Terms and Conditions.
2.2 Age limits
(a) There is a minimum and maximum age limit for those renting Our Vehicles.
(b) 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 Hire
and it is shown in the Hire Agreement.
2.3 Licence requirements
(a) You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:
(i) issued in an Australian state or territory or an international licence (with a valid International Driving
Permit or an approved translation into English if the licence is not issued in English);
(ii) valid for the state or territory in which the Vehicle is driven if the licence was issued in a different state or
territory or an overseas country;
(iii) appropriate for the class of the Vehicle; and
(iv) not subject to any restriction or condition.
(b) Learner drivers and provisional P1 (red P plates) licence holders are not acceptable and must not drive the
Vehicle.
(c) Provisional P2 (green P plates) drivers with two (2) years’ experience are permitted to drive the Vehicle but an
additional daily fee applies.
2.4 Cancelled and suspended licences
The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:
(a) is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b) has been cancelled or suspended, within three (3) years of the date of the Hire Agreement.
2.5 False and misleading information
The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age,
address or driver’s licence.
2.6 Prior insurance history
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 Hire Contract.

3 Prohibited Use

⚠ IMPORTANT NOTICE
A breach of any part of this clause 3 is a Major Breach of the Hire Contract that excludes Your entitlement to
Damage Cover. See clause 11 for further details.
3.1 Prohibited driving
The Vehicle must not be driven by You or any Authorised Driver:
(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs
present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst there is Damage to the Vehicle or it is unroadworthy or unsafe.
3.2 Prohibited conduct
You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Vehicle:
(i) for any illegal purpose;
(ii) to move or carry dangerous, hazardous, biohazardous, infectious, or inflammable, goods or substances
that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) as a Tool of Trade;
(iv) to propel or tow another vehicle, trailer or boat without Our prior approval;
(v) in any opencast or underground mining activity;
(vi) to carry or transport illegal drugs or substances;
(vii) in connection with the motor trade for experiments, tests, trials or demonstration purposes;
(viii) in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
(ix) in an unsafe or unroadworthy condition; or
(c) use a mobile phone:
(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the
Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its
use does not require manual operation of the phone; or
(ii) to send a text message, video message, email or similar communication unless the Vehicle is parked.
3.3 Prohibited actions
(a) You and any Authorised Driver must not:
(i) damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
(ii) modify the Vehicle in any way or make any alteration or addition to it and no decals, branding or logos
may be applied or removed from the Vehicle;
(iii) sell, rent, lease or dispose of the Vehicle; or
(iv) register or claim to be entitled to register any interest in the Vehicle under the Personal Property
Securities Act 2009.
(b) You and any Authorised Driver must not use the Vehicle to carry:
(i) passengers for:
(A) hire, fare or reward, except under a private pooling arrangement; or
(B) rideshare or peer to peer purposes;
(ii) more than the number of passengers for which the Vehicle is licenced; or
(iii) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

4 Prohibited areas of use

⚠ IMPORTANT NOTICE
A breach of any part of this clause 4 is a Major Breach of the Hire Contract that excludes Your entitlement to
Damage Cover. See clause 11 for further details.
4.1 Prohibited roads
(a) Unless You have Our prior approval and it is noted on the Hire Agreement, the Vehicle must never be driven:
(i) on an Unsealed Road;
(ii) Off Road; or
(iii) on any road where snow has fallen or is likely to fall.
(b) For the avoidance of doubt, Our prior approval will only be granted to long term hires for contracted government
and emergency service organisations and their personnel.
4.2 Prohibited areas
(a) Subject to clause 4.2(b), the Vehicle must not be used in any area that is prohibited by Us. Prohibited areas
include:
(i) roads that are prone to flooding or are flooded;
(ii) beaches, sand dunes, streams, rivers, creeks, salt lakes, dams and floodwaters or any area exposed to
saltwater;
(iii) any road where the police or an authority has issued a warning;
(iv) any road that is closed; and
(v) any road where it would be unsafe to drive the Vehicle.
(b) Causes 4.2(a)(iii) and (iv) will not apply to long term hires for contracted government and emergency service
organisations and their personnel, provided You have notified Us at the Start of the Hire that it is likely the Vehicle
will be used in these areas.
4.3 Prohibited areas without prior approval
The Vehicle must never be driven or used:
(a) interstate; or
(b) onto any island that is off mainland Australia,
unless We have given Our written permission prior to the Start of the Hire and it is noted on the Hire Agreement.

5 Your obligations

⚠ IMPORTANT NOTICE
A breach of any of clauses 5.5, 5.6, 5.7, 5.8, 5.9, or 5.10 is a Major Breach of the Hire Contract that excludes Your
entitlement to Damage Cover. See clause 11 for further details.
5.1 Start of the Hire
At the Start of the Hire and before collecting the Vehicle You must:
(a) present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be
made and kept by Us;
(b) present Your passport if You are not an Australian citizen;
(c) fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately
noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to
leaving the Hire Station; and
(d) pay the anticipated Hire Charges and the Security Deposit.
5.2 Security Deposit
(a) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and
liabilities under the Hire Contract and is fully refundable to You ten (10) Business Days after the End of the Hire
provided that:
(i) all amounts due to Us under the Hire Contract have been paid, including toll road charges and refuelling
costs;
(ii) the Vehicle has been returned to the Hire Station at the date and time set in the Hire Agreement;
(iii) there is no Damage (except for reasonable wear and tear) or Third Party Loss;
(iv) the exterior and interior of the Vehicle are clean;
(v) the Vehicle has a full tank of fuel; and
(vi) there has not been a Major Breach of the Hire Contract.
(b) If at the End of the Hire You fail to pay any of the amounts in clause 5.2(a) for which You are liable, We will apply
the Security Deposit against those outstanding amounts.
5.3 During Your hire
During the Hire Period:
(a) You must:
(i) inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and
(ii) adhere to any mileage instructions displayed in the Vehicle or set by the Hire Station.
(b) You must not:
(i) use the Vehicle for transporting any pets or animals, with the exception of accredited or trained
assistance animals, unless specifically approved by Us;
(ii) smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent
passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there
are passengers of less than 18 years of age; or
(iii) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by
Us.
Additional cleaning, disinfection and deodorising charges will apply.
5.4 Seat belts and restraints
You must comply with all mandatory:
(a) seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt
properly adjusted and fastened; and
(b) child restraint laws and ensure 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 that the restraint is properly adjusted and fastened.
5.5 Vehicle to be locked and keys kept in Your possession
You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or
remote-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.
5.6 Chain of responsibility
(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:
(i) know and understand Your transport activities;
(ii) identify the risks of Your activities, such as fatigue, speeding, excessive mass or dimensions, poorly
restrained loads and unsafe vehicles;
(iii) assess the risks;
(iv) find ways to manage the risks;
(v) implement appropriate control measures; and
5.7 Reasonable care
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) properly securing any goods, property or equipment carried in the Vehicle;
(d) maintaining the engine and brake oils and coolant level and tyre pressures;
(e) using the correct fuel type;
(f) making sure it is not overloaded; and
(g) ensuring a commercial Vehicle is loaded so that:
(i) it does not exceed its applicable mass and dimension limits; and
(ii) the load is properly restrained so that it complies with load performance standards, including the Load
Restraint Guides (issued by the National Transport Commission).
5.8 Maintenance for longer term hires
(a) If the Hire Period exceeds 30 days You must return the Vehicle to the nearest Hire Station for it to be serviced or
exchanged when:
(i) the next scheduled service is due, as noted on the sticker on the inside of the windscreen;
(ii) a service indicator is illuminated on the dashboard; or
(iii) the Vehicle has travelled 10,000 kilometres since the Start of the Hire 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 that these issues 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.
5.9 Notification of Vehicle fault
(a) You must inform Us immediately if:
(i) a warning light or fault message appears;
(ii) You see or become aware of low engine or brake oils, or engine coolant levels; or
(iii) the Vehicle develops any fault during the Hire 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.
5.10 Repair without authority prohibited
You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.
5.11 Repair with 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 Hire Contract.
5.12 Staying with the Vehicle after an Accident
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 has been injured and require medical attention or You are directed to do so by the police.
5.13 Trailers
(a) Before and during Your use of the Trailer You must ensure:
(i) the weight of the load is at least 70% in the front half of the cargo space on the Trailer;
(ii) the Aggregate Trailer Mass (Trailer plus load unhitched) does not exceed the lesser of the Towing
vehicle manufacturer’s recommended maximum towing mass or the towing vehicle’s towbar rating. (the
towing capacity of vehicles is usually provided in the vehicle operator’s handbook and You must also
check the towbar’s manufacturer’s specification plate on the towbar as the two may differ);
(iii) the Trailer is correctly and safely connected to the Towing vehicle and the safety chains are correctly
fitted;
(iv) the coupling is attached to the Towing vehicle at all times when loading, whilst loaded and during
unloading, and You acknowledge the jockey wheel is for raising and lowering the Trailer and must not
be used to manoeuvre the Trailer;
(v) the coupling handle is correctly down;
(vi) the Trailer’s tyres are inflated to the recommended PSI; and
(vii) the Trailer lights are working correctly;
(b) You must comply with all road rules and regulations and You are always responsible for the correct and safe
handling of the Trailer and You acknowledge and agree that:
(i) You must secure any property, goods, stock or equipment carried in the Trailer and use suitable tie
down materials to ensure that under no circumstances will they fall from the Trailer during transit;
(ii) Trailers fitted with over-ride brakes must not be towed by a vehicle whose unladen weight is less than
the total weight of the Trailer and any equipment or load on the trailer; and
(iii) to comply with the Department of Motor Transport regulations the Trailer must not gross more than 0.75
tonne without the brakes on the Trailer being connected to the towing vehicle.
(c) Every effort is undertaken to ensure that the Trailer is in a safe and roadworthy condition but You must not use
the Trailer if there are any doubts about its safety or roadworthiness and You must report this to Us immediately.
(d) You acknowledge and agree that all fully enclosed Trailers (Furniture Vans , Furniture Trailers) are not
guaranteed to be waterproof or dust proof and it is Your responsibility to take precautions to prevent water
damage to any goods they enclose within the Trailer.

6 Hire Period, costs and charges

6.1 Your Hire
Your hire of the Vehicle from Us is for the Hire Period and at the rate shown in the Hire Agreement.
6.2 Extending the Hire Period
(a) We understand that circumstances change and that You may require the Vehicle for longer than the Hire Period.
If so, You must notify Us no less than 24 hours prior to the expiration of the Hire Period.
(b) If You fail to notify Us at least 24 hours before the expiration of the Hire Period that You require an extension, and
fail to return the Vehicle on the scheduled date and at the time shown in the Hire Agreement, We may:
(i) terminate the Hire Contract; and
(ii) recover the Vehicle (see clause 6.12).
6.3 Cancellation and ‘No Show’
(a) You will be charged the Hire Charges for the Hire Period as booked if:
(i) Your booking is cancelled within 24 hours prior to the Start of the Hire; or
(ii) You fail to notify Us of Your intended cancellation prior to the Start of the Hire 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.
6.4 Fines and infringements
(a) You and any Authorised Driver must pay
(i) fines or charges imposed for parking;
(ii) infringements and fines imposed for speeding and other driving offences; and
(iii) fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
(b) An administrative fee applies if We are required to nominate You as the responsible driver if any fine or
infringement is unpaid.
6.5 Tolls
(a) You and any Authorised Driver must pay all tolls.
(b) If an electronic tag (e-tag) is fitted for use of the Vehicle on toll roads:
(i) the e-tag must not be removed from the Vehicle; and
(ii) all toll charges will be debited from Your nominated credit card within a reasonable time after We receive
an invoice from the toll road operator and prior to refund of the Security Deposit.
(c) If an e-tag is not fitted to the Vehicle:
(i) it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when
using the Vehicle on toll roads; and
(ii) If You fail to do so and We are required to nominate You as the responsible party We will charge You an
administrative fee for each nomination.
6.6 Daily kilometre limit
(a) If a daily kilometre limit applies to Your hire, it will be shown in the Hire Agreement.
(b) For each day You exceed that limit (calculated over the Hire Period) You will incur an additional fee of twenty six
cents (26c) per kilometre.
6.7 Return of the Vehicle
(a) You must return the Vehicle:
(i) to the Hire Station;
(ii) on the date and by the time shown in the Hire Agreement;
(iii) in a reasonable state of cleanliness;
(iv) in the same mechanical condition, it was in at the Start of the Hire, fair wear and tear excepted; and
(v) with a full tank of fuel.
(b) If You return the Vehicle:
(i) with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will
apply;
(ii) earlier than the date shown in the Hire Agreement there is no entitlement to a refund, unless the Hire
Period is more than seven (7) days and prior to the Start of the Hire We have agreed to a refund for early
return;
(iii) more than one hour after the date and time set for its return in the Hire Agreement, We will charge You
$25 per hour up to one full day’s hire and a further full day’s hire at the standard rate for each 24 hour
period or part thereof until the Vehicle is returned to Us; or
(iv) at any time outside Our normal business hours, You must pay for the daily Hire Charges and all Damage
until the Hire Station next opens for business unless We have agreed to an after business hours drop off
and it is shown on the Hire Agreement.
6.8 Relocation fee
Relocation fees apply to any Vehicle or Trailer not returned to the Hire Station and left outside the Newcastle area. If left:
(a) 100 kilometres or less from the Hire Station, $275.00; or
(b) more than 100 kilometres from the Hire Station, up to $1,600.
6.9 Deleting Personal Information and data
(a) Before returning the Vehicle it is Your responsibility to delete any personal information or data, such as mobile
phone numbers, stored addresses, or navigation history, that may have been used during the Hire Period.
(b) If You have added the Vehicle to the Vehicle manufacturer’s app on Your mobile phone or other device so that
You can remotely lock and unlock the Vehicle, check its location and access other functions, at the end of the
Hire Period You must remove or delete the Vehicle from that app.
(c) We are not responsible for removing any personal Information, data or mobile phone numbers or for any future
use of Your account where You have failed to remove or delete personal information, data or mobile phone
numbers.
6.10 Personal items left in the Vehicle
If personal items are left in the Vehicle at the End of the Hire they will be kept safely for a period of 14 days during which
time they may be reclaimed but if not reclaimed they will dealt with according to state or territory legislation or donated to a
suitable charity.
6.11 Post hire inspection procedure
(a) We will take reasonable steps to conduct a post hire inspection in Your presence; and
(b) If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection
within one (1) Business Day and if Damage is detected, We will notify You as soon as it is reasonably practical to
do so.
6.12 Failure to return the Vehicle on time or to the Hire Station
(a) If You fail to return the Vehicle on the scheduled date and at the time shown in the Hire Agreement, We may:
(i) terminate the Hire Contract; and
(ii) if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making
reasonable attempts to contact You, report the Vehicle as stolen to the police.
(b) If the Vehicle is left at any other place than the Hire Station from which it was hired:
(i) the termination of the Hire Contract will take effect only after the Vehicle has been collected by Us and an
inspection for Damage has occurred; and
(ii) You are responsible for Damage to the Vehicle up until this time of the collection and inspection.
6.13 End of the Hire requirements
At the End of the Hire, You must pay:
(a) the balance of the Hire Charges, including any charges for excess kilometres (if any);
(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(c) any costs We incur, including:
(i) refuelling costs; and
(ii) extra cleaning costs;
(d) for all Damage and Third Party Loss arising from a Major Breach of the Hire Contract;
(e) for all Damage and Third Party Loss for which Damage Cover is excluded pursuant to clause 8.1 or reduced
pursuant to clause 8.2; and
(f) any amount due to Us as a result of a Major Breach.
6.14 Credit card authority
By signing the Hire Agreement You authorise Us to debit Your credit card within a reasonable time after the End of the
Hire for any amount that is due to Us or remains unpaid, including:
(a) the Hire Charges;
(b) tolls;
(c) speeding and traffic fines and infringements;
(d) fines or charges imposed for parking;
(e) administrative charges for unpaid tolls, fines or infringements;
(f) extra cleaning costs;
(g) refuelling costs;
(h) the Damage Excess; or
(i) any amount due to Us as a result of a Major Breach.
6.15 Default in payment
If You default in the payment of any moneys owed to Us under the Hire Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting seven (7)
days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts
due;
(b) We may engage a mercantile agent or debt collector and You must 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; and
(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up-to-date
consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in
accordance with the Privacy Act to create or maintain a credit information file containing information about You,
including defaults in excess of 60 days and the debt owed to Us.
6.16 Termination of the Hire Contract
We may terminate the Hire Contract if:
(a) 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
(b) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any
of Your assets.

7 Damage Cover

7.1 Damage Excess
(a) Standard Damage Cover is included in the Hire 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 but You must pay up to the Damage Excess shown on the Hire Agreement
for each Accident or theft claim.
(c) Subject to the Damage Cover exclusions in clause 8, Your Damage Excess liability is reduced by $1,000 if You
purchase Damage Excess reduction at extra cost.
7.2 When is the Damage Excess payable?
Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding,
the Damage Excess will be charged to Your credit card:
(a) for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage
has been sent to You;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the
Vehicle will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability.
Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as
practicable.
7.3 Exemption from paying the Damage Excess
You will not have to pay the Damage Excess shown in the Hire Agreement for a claim for Damage or Third Party Loss if:
(a) You have fully completed an Incident Report Form with:
(i) the name, residential address, contact phone, email address and licence number of any person involved
(Third Party);
(ii) the registration number of all vehicles involved;
(iii) an accurate written and diagrammatic description of the Accident and location; and
(iv) the names and addresses of all attending police officers and the stations at which they are based;
(b) You have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
(c) We believe You were not at fault; and
(d) You have supplied or We have established the name of the insurer of any Third Party You believe was at fault
and the insurer will agree to pay Us for the Damage.
7.4 Younger age additional Damage Excess
An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.
7.5 Refund of Damage Excess paid
(a) We will refund any amount You have paid for the Damage Excess as soon as practicable:
(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;
(ii) in part, if the repair cost to the Vehicle is less than the amount You have paid;
(iii) in part, if a claim for Third Party Loss is rejected or defended for an amount less than the Damage
Excess; or
(iv) on a pro rata basis if We recover only a proportion of any amount We have claimed against a Third Party
for Damage.
(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.
7.6 Claims Administration fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage
Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

8 Damage Cover Exclusions

8.1 General exclusions
Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Hire Contract;
(ii) any deliberate, intentional, malicious or criminal act by You, an Authorised Driver or any person who is
acting with Your express or implied consent; or
(iii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than
75 years of age;
(b) Overhead Damage;
(c) Underbody Damage;
(d) Damage caused by:
(i) immersion of the Vehicle in water, including salt water;
(ii) use of the incorrect fuel type;
(iii) loading or unloading the Vehicle, except for reasonable wear and tear; or
(iv) Your failure to properly secure goods, property or equipment carried in or on the Vehicle;
(e) damage to the tyres or rims of the Vehicle, other than by normal wear and tear;
(f) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost
keys, keyless start and remote-control devices.
(g) loss or damage to, or deterioration of, goods or property carried in or on the Vehicle whether owned by You or a
Third Party and You agree to fully indemnify Us for any claims for Third Party Loss that occurs during the Hire
Period; and
(h) Third Party Loss resulting from goods or property falling from the Vehicle
8.2 Delayed co-operation exclusion
Your entitlement to Damage Cover will be reduced to the extent We are prejudiced as a result of any delay by You or any
Authorised Driver in complying with Your obligations under clause 10 of these Terms and Conditions.
8.3 Exclusion for personal items
There is also no Damage Cover for personal property in the custody of or owned by:
(a) You;
(b) Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
(c) any relative, friend or associate of an Authorised Driver; or
(d) Your employees,
that is stolen from the Vehicle, lost or damaged during the Hire Period or left in the Vehicle after the Vehicle is returned to
the Hire Station.

9 Breakdowns

9.1 Roadside assistance
(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) If the Vehicle breaks down during the Hire Period You must contact Us to arrange assistance. If the fault cannot
be repaired on site We will recover and repair the Vehicle as soon as possible but if it cannot be repaired, We will
use Our best endeavours to provide a comparable replacement Vehicle where one is available.
9.2 Assistance not covered
(a) We are not responsible for:
(i) a flat battery;
(ii) wheel changing for a flat tyre;
(iii) lost keys or remote-control device; or
(iv) keys or remote-control device locked in the Vehicle.
Extra charges will apply if any of these services are provided at Your request.
(b) Roadside assistance does not apply if:
(i) the incorrect fuel type is used; or
(ii) the breakdown is caused by a Major Breach,
and You are liable for any Damage caused.
9.3 Consequential and other loss
Subject to the Australian Consumer Law, We are not responsible for:
(a) flights You have missed;
(b) holiday plans that are disrupted;
(c) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires,
or pandemics;
(d) loss of enjoyment; or
(e) consequential or economic loss.

10 Accident and theft reporting

⚠ IMPORTANT NOTICE
A breach of any part of this clause 10 is a Major Breach of the Hire Contract that excludes Your entitlement to
Damage Cover. See clause 11 for further details.
10.1 Reporting an Accident or theft to Us
(a) If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to
Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft
report form.
(b) The Accident/Theft report form should include as much information as is reasonably practical, including:
(i) the information listed in clause 10.3 regarding the contact details for the other driver and witnesses and
an accurate written and diagrammatic description of the Accident and its location; and
(ii) the circumstances under which the Accident or theft occurred.
(c) The Accident/Theft report form must be submitted to Us :
(i) within seven (7) days of the Accident or theft, or upon the return of the Vehicle if it is returned to Us
within that seven (7) day period; or
(ii) if the Vehicle is stolen, immediately the theft of the Vehicle is reported to the police.
10.2 Reporting an Accident or theft to the police
If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses;
or
(c) 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.
10.3 Steps You must take following an Accident
If You or an Authorised Driver have an Accident You and the Authorised Driver must:
(a) make the Vehicle secure;
(b) exchange names and addresses, phone numbers and email addresses with the other driver;
(c) obtain the name of the other driver’s insurance company;
(d) take a photo of the other driver’s licence;
(e) take the registration numbers of all vehicles involved;
(f) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs; and
(g) obtain the names, addresses, phone numbers and email addresses of all witnesses.
10.4 Subsequent assistance
Subsequent to the Accident of theft You and any Authorised Driver must:
(a) forward all third party correspondence or court documents to Us within seven (7) days of receipt;
(b) co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or
Our investigator may reasonably request within seven (7) days of receipt of such a request; and
(c) co-operate with Us in the prosecution of any legal proceedings that We may institute or the defence of any legal
proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer’s office; and
(ii) any Court hearing.
10.5 What You must not do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) 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 of attempted theft.
10.6 Consequences of delayed co-operation
Your entitlement to Damage Cover will be reduced according to the extent We are prejudiced as a direct result of any
delay in complying with:
(a) the reporting obligations in clauses 10.1 and 10.2; and
(b) the obligations in clause 10.4 to forward third party correspondence and court documents to Us within seven (7)
days and to co-operate with Us in the investigation of any Accident of theft claim and the prosecution or defence
of any legal proceedings.

11 Major Breach and termination

11.1 Major Breach
You and any Authorised Driver commit a Major Breach of the Hire Contract if there is a breach of any of the following:
(a) clause 2 (who may drive the Vehicle);
(b) clause 3 (prohibited use);
(c) clause 4 (prohibited areas of use);
(d) clause 5.5 (Vehicle to be locked and keys kept in Your possession);
(e) clause 5.6 (chain or responsibility);
(f) clause 5.7 (reasonable care);
(g) clause 5.8 (maintenance for long term hires);
(h) clause 5.9 (notification of Vehicle fault); or
(i) clause 5.10 (repair without authority);
that causes Damage, theft of the Vehicle or Third Party Loss;
(j) clause 10 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or
theft or from prosecuting or defending any Accident or theft claim; or
(k) clause 13.2(c) (removal of the Tracking Device).
11.2 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Hire Contract; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,
You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Vehicle.
11.3 Termination and repossession
Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Vehicle if:
(a) there has been a Major Breach;
(b) there has been a breach of clause 11.2(b);
(c) the Vehicle has been illegally parked for longer than 24 hours; or
(d) the Vehicle is apparently abandoned.

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

12.1 Interest is as bailee
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.
12.2 Security Interest
You acknowledge that:
(a) the Hire Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the
Vehicle;
(b) We have a Security Interest in the Vehicle and the Vehicle will at all times remain subject to that Security Interest;
and
(c) We may register the Security Interest on the Personal Property Securities Register.

13 Privacy

⚠ IMPORTANT NOTICE
A breach of clause 13.2(c) is a Major Breach of the Hire Contract that excludes Your entitlement to Damage Cover.
See clause 11 for further details.
13.1 Personal Information
(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 hire services to You.
If You choose not to provide this information to Us We may not be able to provide those hire 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.
13.2 Tracking Device
(a) To maintain and protect the Vehicle We may fit a Tracking Device to the Vehicle to enable Us to monitor the
condition, performance and operation of the Vehicle and to track the Vehicle’s movements.
(b) Information from the Tracking Device may be used during and after the Hire Period. When You sign the Hire
Agreement, You expressly consent to Us:
(i) using the Tracking Device on the Vehicle during the Hire Period; and
(ii) collecting, using and retaining information from the Tracking Device for the purposes referred to in
clause 13.2(a).
(c) You must not tamper with the Tracking Device or remove it from the Vehicle.

14 Definitions and interpretation

14.1 Definitions
In these Terms and Conditions:
Accident means an unintended, unexpected and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; and
(c) weather events, including hail Damage,
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 Hire Agreement
prior to the Start of the Hire.
Business Day means a day which is not a Saturday, Sunday, public holiday or bank holiday in Newcastle, New South
Wales.
Damage means:
(a) any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit,
however caused that is not fair wear and tear;
(b) towing, recovery and salvage costs;
(c) assessing fees; and
(d) Loss of Use,
and 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 7, subject to the Damage Cover Exclusions in clause 8.
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 that is payable pursuant to clause 7.4.
End of the Hire means the date and time shown in the Hire Agreement when the hire ends and by which date and time
the Vehicle must be returned to Us.
Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the
time of the inspection.
Hire Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies
which are all fully set out in the Hire Agreement.
Hire Period means the period commencing at the time shown in the Hire Agreement and concluding at the End of the
Hire.
Hire Station means the location from which the Vehicle is rented, as shown on the Hire Agreement.
Incident Report Form means the document You must complete and submit to Us if there is Damage to the Vehicle or it
has been stolen.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Hire 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.
Major Breach means a breach of any of the clauses listed in clause 11.1.
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:
(a) Damage to the Vehicle;
(b) Damage to any part of the pantech or box section of a commercial Vehicle that is used for the carriage of goods
or passengers; or
(c) 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) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
PPSA means the Personal Property Securities Act 2009 (Cth).
Security Deposit means the amount shown on the Hire Agreement We collect from You at the Start of the Hire as
security for the Hire Charges and other fees and charges incurred during Your hire and the amount is fully refundable
subject to clause 5.2.
Start of the Hire means the date and time that the hire commences as shown in the Hire Agreement.
The Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
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:
(a) loading and unloading goods onto or from the Vehicle, by use of a crane mounted on the Vehicle;
(b) transit to, from, or within, a worksite; or
(c) transport or haulage.
Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to
determine its location and other data including speed, braking and fuel levels.
Trailer means the Trailer described in the Hire Agreement and includes its parts, components and accessories.
Underbody Damage means any damage to the Vehicle 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 that is 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 described in the Hire Agreement and includes its parts, tools, components, accessories, keys,
keyless start or remote-control device, audio equipment, GPS Tracking Device, child restraints, tools, spare tyre and first
aid kit (if fitted) and includes any replacement Vehicle and any Trailer We have hired to You.
We, Us, Our, means Newcastle Hire and Auto Pty Ltd trading as Newcastle Hire and Auto ABN 71 622 502 078.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle
from Us and whose name is shown in the Hire Agreement.
14.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires:
(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation;
and
(b) where You comprises two or more persons each is bound jointly and severally.
TRANSPORT FOR NEW SOUTH WALES TERMS AND CONDITIONS
PRIVACY CONSENT AND AGREEMENT
Transport for New South Wales (TfNSW) is required to comply with Privacy Laws and other road transport, driver licensing and
vehicle registration legislation when dealing with any Personal Information, including E-Toll Information.
This TfNSW Privacy Consent and Agreement contains consents and promises from You in relation to E-Toll Information collected
from You and from third parties to enable TfNSW and others to collect, use and disclose it for Permitted Purposes. You are not
required by law to provide E-Toll Information to TfNSW, but if You do not, TfNSW will not be able to provide the E-Toll Facility to
You. Your Personal Information will be held by TfNSW at Level 3, Octagon Building, 99 Phillip Street Parramatta or at any new or
additional address or addresses disclosed in TfNSW’ privacy policy from time to time.
TfNSW’ privacy policy, which explains TfNSW’ privacy practices including how to make an application to access or correct
information about You or a complaint, and TfNSW’ complaints handling processes, is available at:
http://rms.nsw.gov.au/gipa/privacy/index.html
Consents given by You
1 In exchange for TfNSW providing the E-Toll Facility, You consent to and authorise:
(a) collection of E-Toll Information by any Authorised Information Recipient from any person (including from Rental
Co and from video and/or camera surveillance of toll roads conducted by TfNSW or third parties for traffic
management or toll violation enforcement purposes);
(b) use and disclosure of E-Toll Information by and to Authorised Information Recipients for the Permitted Purposes;
(c) disclosure of E-Toll Information in online accounts accessible to any person with access to Your Agreement
Number and surname; and
(d) disclosure of E-Toll Information to persons outside Australia for the Permitted Purposes on the basis that TfNSW
is not required to ensure that any overseas recipient complies with the Privacy Laws.
Agreements on the Hirer’s Behalf:
2 You agree that:
(a) prior to disclosing any information to TfNSW or Rental Co about an Individual, You have obtained their consent to
the matters in clause 1 of this TfNSW Privacy Consent and Agreement; and
(b) all information You provide to TfNSW about You or any Individual is or will be accurate, complete and up-to-date,
and will not be false or misleading.
Definitions
‘Agreement Number’ means a unique agreement number provided to You by Rental Co or by TfNSW in connection with the
Rental Agreement.
‘Associated Contractors’ means TfNSW’ suppliers, agents, distributors and contractors in relation to any Permitted Purposes.
‘Authorised Information Recipient’ means TfNSW, Rental Co and each Authorised Driver, Authorised Representative and
Intended Recipient.
‘Clearing House’ means any person who operates a clearing house for operators of toll roads, or Tag Issuers or Pass Issuers or
any combinations of these.
‘E-Toll Information’ means any information relating to You or Your E-Toll Facility, Vehicle, the location of a Tag or Vehicle at any
time, the direction of travel, or video and/or camera surveillance operated at toll roads. E-Toll Information may include Personal
Information about:
(a) You; or
(b) any Individual,
including a name, address, phone number, email address, drivers licence number, date of birth, Vehicle hire and usage
information, billing or financial information, Rental Agreement, Nominated Card and other Personal Information contained in video
and/or camera surveillance of toll roads for traffic management or toll violation enforcement purposes conducted by TfNSW or
obtained by TfNSW from third parties.
‘Individual’ means any individual, including any Authorised Driver, Authorised Representative, and Nominated Card Holder.
‘Intended Recipients’ means the following parties both within and outside NSW: (i) Credit Reporting Agencies; (ii) Associated
Contractors; (iii) Tag Issuers; (iv) Pass Issuers; (v) any bank, financial institution or Clearing House; (vi) TfNSW’ professional
advisers including legal advisers, accounting advisers and other professional advisers; (vii) driver licensing and vehicle registration
agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle
accidents; (viii) owners and other operators of toll roads; and (ix) persons providing services to any of the entities set out in (i) to
(viii).
‘Permitted Purposes’ means any one or more of:
(a) facilitating the use of and carrying out functions and activities relating to: (i) tolls and their enforcement; (ii) the E-Toll
System; (iii) any cashback system; (iv) Your E-Toll Facility and Tags; (v) verification of Your Rental Agreement (including
verifying the details of a Nominated Card Holder); (vi) obtaining feedback about the E-Toll System and Your E-Toll Facility;
and (vii) analysing information relating to traffic conditions, travel times and road usage and disclosing aggregate
information (including to the public);
(b) auditing of the E-Toll System;
(c) law enforcement;
(d) the enforcement of a law imposing pecuniary penalty;
(e) the protection of the public revenue;
(f) road safety;
(g) release of information to solicitors acting as agents for their clients in relation to motor vehicle accidents where TFNSW is
compelled to do so by a court order;
(h) obtaining advice and professional services on a confidential basis;
(i) market research and statistical analysis;
(j) other purposes related or incidental to the purposes listed above; and
(k) such other purposes as are permitted by Privacy Laws,
in each case both within and outside NSW.
‘Personal Information’ means information or an opinion (including information or an opinion forming part of a database and
whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is
reasonably identifiable from the information or opinion and any other information subject to the Privacy Laws.
‘Privacy Laws’ means the privacy laws which apply to TFNSW from time to time, including the Privacy and Personal Information
Protection Act 1998 (NSW) for so long as it applies to TFNSW and any other current or future legislation, mandatory codes and
policies relating to the handling of Personal Information which apply to TFNSW.
Other capitalised terms in this TFNSW Privacy Consent and Agreement have the meaning given in the TFNSW E-Toll Facility
Terms and Conditions.
Clause 10 of the TFNSW E-Toll Facility Terms and Conditions applies to the interpretation of this TFNSW Privacy Consent and
Agreement.