Interpreting your rental agreement 1. The Rental Agreement between Great Lakes Car Rentals and You is made on the time and date of your signed Rental Document in respect of the Vehicle, and is comprised of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
" Authorised Driver" means: • an additional driver who signs the Additional Drivers Form or Rental Document; • Your employer or a fellow employee, if either is engaged in activities that are directly related to your duties and the vehicle has been hired by a corporate account. “Great Lakes Car Rentals" is a registered trading name of Forster Technologies Pty. Ltd. ABN 70 108 869 889 “Rental Period" means the period commencing at the time and date shown on the Rental Document and ending on the date that you return the Vehicle to Great Lakes Car Rentals;
“ Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
“Vehicle" means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Great Lakes Car Rentals;
“ You” or “Your” refers to the person(s) with whom the Rental Agreement is made and whose details are stated under the words ‘renter’.
2. You agree and acknowledge that: (a) Only You or an Authorised Driver will drive the Vehicle; and (b) have been licensed to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence). (c)You have not, within the last three years, been convicted of an offence relating to driving a vehicle: (d) You are 21 years of age or over (higher age limits may apply on some vehicle classes). You must hold a current unrestricted motor vehicle licence for the particular class of vehicle hired. Note. Provisional or probationary licences are not acceptable. (e) You have not been refused nor had any motor vehicle insurance cancelled for any reason within three years prior to the date of the agreement. (i) Under the influence of alcohol or drugs; or (ii) With a blood alcohol level over any legal limit.
Where you can and cannot drive the vehicle
3.1 You and any Authorised Driver must only use the Vehicle on a sealed road, which is properly formed and constructed as a sealed, metalled or gravel road. 3.2 You and any Authorised Driver must not, unless authorised in writing by Great Lakes Car Rentals, drive or take the Vehicle: (a) to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island; (b) into or out of the Northern Territory, Tasmania or to any points in Western Australia north of Carnarvon; (c) in Queensland: (1) beyond Chillagoe in a westerly direction; (2) if the Vehicle is a passenger vehicle or truck, beyond Cape Tribulation or Laura in a northerly direction; (3) if the Vehicle has four wheel drive, beyond Cooktown or Laura in a northerly direction; (d) above the snow line in New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September; (e) in the Northern Territory and Western Australia, outside any city limits between dusk and dawn; or (f) on beaches or through streams, dams, rivers or floodwaters.
Use of the vehicle
4.1 You and any Authorised Driver must: (a) not allow the Vehicle to be used to tow or push any vehicle, trailer, boat or other object unless Great Lakes Car Rentals has authorised such use in writing; (b) not allow the Vehicle to be used to carry passengers for payment of any kind; (c) not carry any greater load and/or persons than is lawful; (d) not be under the influence of alcohol, drugs or have a blood alcohol concentration that exceeds the lawful percentage in the State or Territory in which the Vehicle is driven; (e) not allow the Vehicle to be used for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes. (f) not use the Vehicle when it is unsafe or dangerous to do so; (g) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer's and Great Lakes Car Rentals recommendations; (h) not use the Vehicle to carry any inflammable, explosive or corrosive materials without prior written consent. (I) not use the Vehicle in contravention of any law.
4.2 You must pay for any unauthorised repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period. Any parking/speeding fines incurred while the vehicle is on rent that is not reported and paid for at the time the vehicle is returned to Great Lakes Car Rentals will incur a $45.00 administration fee.
Maintenance, Security and Safety
5.1 You and any Authorised Driver must: (a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box; (b) keep the Vehicle locked and the keys under Your or the Authorised Driver’s personal control at all times and produce the keys if the vehicle has been stolen; (c) comply with any applicable seat belt and child restraint laws.
5.2 You must not have repairs to the Vehicle carried out unless Great Lakes Car Rentals authorises you to do so. Great Lakes Car Rentals will only reimburse you for the cost of such authorised repairs if you keep and produce to Great Lakes Car Rentals the original receipts for those repairs.
Return of Vehicle
6.1 You must return the Vehicle to Great Lakes Car Rentals: (a) to the place, on the date and by the time shown on the Rental Document; (b) in the same condition (except for ordinary wear and tear ( NOT INCLUDING WINDSCREEN DAMAGE)) together with all tools, tyres accessories & equipment, as it was at the commencement of the Rental period. 6.2 A "one-way fee" of up to $2 per kilometre (depending on the nature of the Vehicle and the distance involved) may apply If You return the Vehicle to a location other than that shown on the rental document. If a “one-way fee” applies, you must pay it at the end of the Rental Period. 6.3 You must return the Vehicle to Great Lakes Car Rentals during normal business hours. If you return the vehicle later than the time shown on the rental document, you must pay all additional rental charges. 6.4 If: (a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or (b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay Great Lakes Car Rentals the standard rate for the Vehicle for the Rental Period. 6.5 Great Lakes Car Rentals may request the immediate return of the Vehicle, or Great Lakes Car Rentals may re-take the Vehicle without notice, if Great Lakes Car Rentals reasonably suspects that: (a) You have breached a term or condition of the Rental Agreement; (b) damage to the Vehicle, or injury to persons or property is likely to occur; or (c) the Vehicle will be involved in an industrial dispute; and You must also pay Great Lakes Car Rentals any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle. 6.6 Great Lakes Car Rentals reserve the right to not replace the vehicle if the vehicle or third party property is damaged before the rental period expires. Fuel
7. Your vehicle will be supplied with a full tank of fuel. You must return the vehicle with the amount of fuel equal to that at the time of the commencement of the rental. If the vehicle is returned with less fuel the difference will be charged at a rate that will include a service component (fuel cost plus 20%) unless prior arrangements have been made and noted as part of the agreement.
Loss Damage waiver, damage and loss of property
8.1 Subject to this clause 8, you are liable:
(a) For the loss of, and all damage to, the Vehicle; and (b) for all damage to the property of any person: (i) which is caused or contributed to by You or an Authorised Driver; or (ii) which arises from the use of the Vehicle by You or an Authorised Driver. Remember that references to the “Vehicle” include all of its parts, components, accessories and contents (see the definition of “Vehicle” in clause 1). 8.2 Subject to clause 8.3, if: (a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period (or it is included in Your rate); and (b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver. (c) Great Lakes Car Rental reduces Your liability under clause 8.1 for damage to the Vehicle or loss of the Vehicle to the amount shown on your rental agreement; and (d) will ensure that You and any Authorised Driver are entitled to be indemnified under a policy of liability insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver. 8.3 You must always pay, and clause 8.2 does not cover: (a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party; (b) the cost of rectifying any tyre damage not attributable to normal wear and tear; (c) the cost of repairing any damage caused deliberately or recklessly by: (i) You; (ii) any other driver of the Vehicle; or (iii) any passenger carried during the Rental Period; (d) the cost of repairing any damage to the Vehicle or to third party property caused by You using, or permitting the vehicle to be used, in any area prohibited by the Rental Agreement; (e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or (f) the cost of repairing any water damage to the Vehicle or any under body damage, and any resulting damage from that under body damage, to the Vehicle.
8.4 For the purposes of this clause 8, the amount You must pay for any damage or repair that may be reasonably determined by Great Lakes Car Rentals and includes: (a) the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser; (b) appraisal fees; (c) towing, storage and recovery costs; (d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and (e) a per day loss of use fee based on the estimated downtime of the Vehicle. If the amount determined by Great Lakes Car Rentals and paid by you under this clause 8.4 exceeds the final cost of the damage or repair, Great Lakes Car Rentals will refund the difference to you.
Liability of Great Lakes Car Rentals
9.1 Unless it is negligent, Great Lakes Car Rentals is not liable to any person, and You indemnify Great Lakes Car Rentals, for any loss of, or damage to, any property: (a) lost or stolen from the Vehicle or otherwise lost during the rental; or (b) left in the Vehicle after its return to Great Lakes Car Rentals. 9.2 Neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) (“the TPA”) or any other State or Territory legislation to the same effect. 9.3 If Your Rental Agreement is a contract for the supply of "recreational services" as defined by section 68B of the TPA or any comparable legislation, Great Lakes Car Rentals has no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by Great Lakes Car Rentals of any term implied by section 74 of the TPA or any comparable legislation
Claims and Proceedings
10 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must: (a) immediately report such incident to the local police; (b) immediately report such incident in writing to Great Lakes Car Rentals; (c) not, without Great Lakes Car Rentals’ written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability; (d) permit Great Lakes Car Rentals or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name; (e) permit or ensure that Great Lakes Car Rentals may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Great Lakes Car Rentals in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Great Lakes Car Rentals; (f) complete and furnish to Great Lakes Car Rentals within a reasonable time any statement, information or assistance which Great Lakes Car Rentals or its insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.
Payment
By entering into this agreement you authorise Great Lakes Car Rentals to charge all moneys payable to Great Lakes Car Rentals under the Rental Agreement to your credit card or charge account.
11.1 At the end of the Rental Period, You must pay Great Lakes Car Rentals on demand: (a) all charges specified on the Rental Document and all charges payable under the Rental Agreement; (b) any amount paid or payable by Great Lakes Car Rentals or You to any person arising out of Your use of the Vehicle or imposed on You or Great Lakes Car Rentals by any governmental or other competent authority (such as speeding, parking and traffic fines); and (c) any amount for which You are liable to Great Lakes Car Rentals under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. 11.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to: (a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus (b) the amount payable for the number of kilometres driven during the Rental Period. 11.3 Distance charges are measured from the Vehicle's odometer. In the event that the odometer is tampered with in any way the kilometres to be charged will be deemed to be 500 per day @ 30cents per kilometre (inc. GST). 11.4 Great Lakes Car Rentals will pay any refund due to you by such method as Great Lakes Car Rentals may reasonably choose.
Termination
12.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement. 12.2 You may terminate the Rental Agreement at any time for any other reason. 12.3 If the Rental Agreement is terminated early for any reason other than a breach by Great Lakes Car Rentals, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
Great Lakes Car Rentals Privacy Policy
We recognise the importance of protecting your personal information. The Commonwealth Privacy Act 1988 (Privacy Act) regulates the handling of personal information (for example, name and address details) by Australian private sector organisations. This policy explains how Great Lakes Car Rentals protects your privacy and summarises how we collect, use and disclose personal information that you might provide us. When you make an application to use our service, you consent to us using and disclosing your personal information consistent with this policy. Please refer to the section in this policy titled “What you consent and agree to”.
In this policy we also explain how you can contact us if you have a query about any personal information that Great Lakes Car Rentals may be holding about you.
We recommend that you take the time to read this privacy policy and retain it for future reference
When you rent a vehicle from Great Lakes Car Rentals, we need to collect certain information from you. The service that you use will determine exactly what information we collect from you. That information may include your: • name; • address; • contact telephone number(s); • contact facsimile number(s); • date of birth; • drivers licence number; • vehicle preference; • credit card number and expiry date; • e-mail address; • company name and employee number; and • contact details of individuals who can provide professional references.
Great Lakes Car Rentals will also record information about where you collected the vehicle and the date, time and location of its return. Great Lakes Car Rentals reserve the right to pass all or any of the above information to any relevant Government Agency or Department, Police, RTA, or its insurers or legal advisors.
How we collect the information will depend on how you use our services
We may collect information directly from you by telephone, fax, e-mail, over the counter, your completion of an application, or through our Internet based service. We may also collect information about you indirectly though a travel agent. You can choose not to provide some of your personal details but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would normally expect from us.
General Purposes
We use your personal information to: • provide the services that you request; • do all things necessary to administer those services; • research, develop, manage, protect and improve our services; • conduct customer satisfaction surveys and inform you of any improvements that we have made to our services; and • maintain and develop our software • our contracted service providers (including our market research company and our mail house); • credit card providers; • credit reporting and fraud checking agencies; • debt collection agencies, in the event of your default in payment of monies owed to us; • city councils and government or private organisations responsible for the processing or handling of traffic related infringements; • driver licensing authorities; and • government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.
How does Great Lakes Car Rentals protect my information
We take reasonable steps to protect all of the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form. Can I access personal information that Great Lakes Car Rentals hold about me?
You may access any personal information that we hold about you subject to certain exceptions. We will normally provide access without charge unless you request access to a large volume of information or we have to access our archived records to obtain the information. In these circumstances, we may impose a fee to recover our reasonable costs. Details of how to contact us are set out below
Whom can I contact for further information?
If you have any questions about how we handle your personal information or if you believe that we have handled your personal information inappropriately, you can contact us in any of the following ways:
By telephone: 02-65 552833 Mobile: 0401 936 747 By fax: 02-65 552844 By e-mail: info@greatlakescarrentals.com