SG Car Rentals Pty Ltd

ABN 26 201 141 528

Rental Terms and Conditions

Introduction

1.1 Rental Contract

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

• the agreement (Rental Agreement) You have signed to hire the Vehicle from Us;
• the Handover Inspection Report; and
• these rental Terms and Conditions (Terms and Conditions);

and together they create binding and enforceable legal obligations.

1.2 Relevant law

The Rental Contract is governed by the laws of Victoria and the Commonwealth of Australia and You agree that courts in the state or territory of hire as shown on the Rental 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 Rental 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 Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

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.

Who may drive the Vehicle?

2.1 Authorised Drivers

• Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.
• Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental 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

• There is a minimum and maximum age limit for those renting Our Vehicles.
• You and any Authorised Driver must be at least 25 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

2.3 Licence requirements

• You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:
  • 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);
  • 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;
  • appropriate for the class of the Vehicle; and
  • not subject to any restriction or condition.
• Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

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:

• is cancelled or suspended, including as a result of an accumulation of demerit points; or
• has been cancelled or suspended, within three (3) years of the date of the Rental 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 Rental Contract.

Prohibited Use

3.1 Prohibited driving

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

• 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;
• recklessly or dangerously; or
• whilst there is Damage to the Vehicle or it is unroadworthy or unsafe.

3.2 Prohibited conduct

You and any Authorised Driver must not:

• fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
• use the Vehicle:
  • for any illegal purpose;
  • 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;
  • to propel or tow another vehicle, trailer or boat;
  • to carry or transport illegal drugs or substances;
  • in connection with the motor trade for experiments, tests, trials or demonstration purposes;
  • in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
  • in an unsafe or unroadworthy condition; or
• use a mobile phone:
  • 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
  • to send a text message, video message, email or similar communication unless the Vehicle is parked.

3.3 Prohibited actions

• You and any Authorised Driver must not:
  • damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
  • 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;
  • sell, rent, lease or dispose of the Vehicle; or
  • register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
• You and any Authorised Driver must not use the Vehicle to carry:
  • passengers for:
    • hire, fare or reward, except under a private pooling arrangement; or
    • rideshare or peer to peer purposes;
  • more than the number of passengers for which the Vehicle is licenced; or
  • any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

Prohibited areas of use

4.1 Prohibited roads

The Vehicle must never be driven:

• on an Unsealed Road; or
• Off Road.

4.2 Prohibited areas

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

• roads that are prone to flooding or are flooded;
• beaches, sand dunes, streams, rivers, creeks, salt lakes, dams and floodwaters or any area exposed to saltwater;
• any road where the police or an authority has issued a warning;
• any road that is closed; and
• any road where it would be unsafe to drive the Vehicle.

4.3 Prohibited areas without prior approval

The Vehicle must never be driven or used:

• interstate;
• in any area where snow has fallen or is likely to fall or snow chains must be carried; or
• onto any island that is off mainland Australia,
  unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.

Your obligations

5.1 Start of the Rental

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

• 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;
• present Your passport if You are not an Australian citizen;
• 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 Rental Station; and
• pay the anticipated Rental Charges and the Security Deposit.

5.2 Security Deposit

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

• The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You ten (10) business days after the End of the Rental provided that:
  • all amounts due to Us under the Rental Contract have been paid, including toll road charges and refuelling costs;
  • the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;
  • there is no Damage (except for reasonable wear and tear) or Third Party Loss;
  • no items have been removed from the Vehicle, including documents provided in the Vehicle such as manuals, the warning triangle; operating instructions, accessories that have been added such as a car or booster seat, car keys and remote control devices;
  • the exterior and interior of the Vehicle are clean;
  • the Vehicle has a full tank of fuel; and
  • there has not been a Major Breach of the Rental Contract.
• If at the End of the Rental 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 rental

During the Rental Period:

• You must:
  • inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and
  • adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station.

• You must not:
  • use the Vehicle for transporting any pets or animals, with the exception of accredited or trained
    assistance animals, unless specifically approved by Us;
  • 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
  • use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.

  Additional cleaning, disinfection and deodorising charges of up to $300 will apply.

5.4 Seat belts and restraints

You must comply with all mandatory:

• 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
• 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 Reasonable care

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

• preventing it from being damaged;
• making sure that it is protected from the weather;
• properly securing any goods, property or equipment carried in the Vehicle;
• maintaining the engine and brake oils and coolant level and tyre pressures;
• using the correct fuel type; and
• making sure it is not overloaded.

5.7 Maintenance for longer term rentals

• If the Rental Period exceeds 30 days You must return the Vehicle to the nearest Rental Station for it to be
  serviced or exchanged when:
  • the next scheduled service is due, as noted on the sticker on the inside of the windscreen;
  • a service indicator is illuminated on the dashboard; or
  • the Vehicle has travelled 10,000 kilometres since the Start of Rental or since it was last serviced,
    whichever comes first.
• 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.
• If You fail to have the Vehicle serviced You will be liable for any Damage caused to the Vehicle.

5.8 Notification of Vehicle fault

• You must inform Us immediately if:
  • a warning light or fault message appears;
  • You see or become aware of low engine or brake oils, or engine coolant levels; or
  • the Vehicle develops any fault during the Rental Period.
• If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.

5.9 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.

5.10 Repair with authority

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

5.11 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.

Rental Period, costs and charges

6.1 Your Rental

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

6.2 Extending the Rental Period

• We understand that circumstances change and that You may require the Vehicle for longer than the Rental
  Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
  ;
• If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension,
  and fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement, We may:
  • terminate the Rental Contract; and
  • recover the Vehicle (see clause 6.13).

6.3 Longer term rentals

• For longer term rentals (30 days or more) the Rental Charges are payable on a weekly basis until the Rental Contract is terminated pursuant to clause 6.3(b) and the Vehicle is returned to Us.
• Either party may terminate the Rental Contract by giving not less than seven (7) days’ prior written notice to the other party. If You give that notice to Us or We give that notice to You, You must return the Vehicle to Us within the seven (7) day notice period.
• If You fail to return the Vehicle the Rental Charges will continue on a weekly basis until the Vehicle is returned to Us.
• There is no refund if the Vehicle is returned before the expiration of the seven (7) day notice period.

6.4 Cancellation and ‘No Show’

• You will be charged the Rental Charges for the Rental Period as booked if:
  • • Your booking is cancelled within 48 hours prior to the Start of the Rental; or
    • You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Vehicle;

  unless We are able to rent the Vehicle to another renter for an equivalent term and rate.

• A cancellation is not effective until acknowledged and confirmed by Us.

6.5 Booked Vehicle unavailable

If We cannot supply the make and model of the vehicle booked, because it is overdue from an earlier booking, or it has been damaged in an Accident, We will take reasonable steps to supply a vehicle of the same class. If for reasons beyond Our control We are unable to supply a vehicle We will fully refund any moneys that You have prepaid to Us.

Fines and infringements

• You and any Authorised Driver must pay
  • fines or charges imposed for parking;
  • infringements and fines imposed for speeding and other driving offences; and
  • fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
• An administrative fee applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.

6.7 Tolls

• You and any Authorised Driver must pay all tolls.
• If an electronic tag (e-tag) is fitted for use of the Vehicle on toll roads:
  • the e-tag must not be removed from the Vehicle; and
  • 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.

• If an e-tag is not fitted to the Vehicle:
  • 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
  • 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.

6.8 Kilometre limit

• A daily limit of 100 kilometres applies unless You have Our prior written approval to have this limit waived and it is
  noted on the Rental Agreement.
• For each day You exceed that limit (calculated over the Rental Period) You will incur an additional fee of thirty cents (30c) per excess kilometre.

6.9 Return of the Vehicle

• You must return the Vehicle:
  • to the Rental Station;
  • on the date and by the time shown in the Rental Agreement;
  • in a reasonable state of cleanliness;
  • in the same mechanical condition, it was in at the Start of the Rental, fair wear and tear excepted; and
  • with a full tank of fuel.
• If You return the Vehicle:
  • with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply;
  • earlier than the date shown in the Rental Agreement there is no entitlement to a refund;
  • more than one hour after the date and time set for its return in the Rental Agreement, We will charge You $25 per hour up to one full day’s rental and a further full day’s rental at the standard rate for each 24 hour period or part thereof until the Vehicle is returned to Us; or
  • at any time outside Our normal business hours, You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.

6.10 Deleting Personal Information and data

• 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 Rental Period.
• 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.

6.11 Personal items left in the Vehicle

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

6.12 Post rental inspection procedure

• We will take reasonable steps to conduct a post rental inspection in Your presence; and
• If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within twenty four (24) hours and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.

6.13 Failure to return the Vehicle on time or to the Rental Station

• If You fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement, We may:
  • terminate the Rental Contract; and
  • 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.

• If the Vehicle is left at any other place than the Rental Station from which it was hired:
  • the termination of the Rental Contract will take effect only after the Vehicle has been collected by Us and an inspection for Damage has occurred; and
  • You are responsible for Damage to the Vehicle up until this time of the collection and inspection.

6.14 End of the Rental requirements

At the End of the Rental, You must pay:

• the balance of the Rental Charges, including any charges for excess kilometres (if any);
• the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
• any costs We incur, including:
  • refuelling costs; and
  • extra cleaning costs;
• for all Damage and Third Party Loss arising from a Major Breach of the Rental Contract; and
• 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.

6.15 Credit/debit card surcharge

A surcharge applies to all payments made by credit or debit card.

6.16 Credit card authority

By signing the Rental Agreement You authorise Us to debit Your credit card within a reasonable time after the End of the
Rental for any amount that is due to Us or remains unpaid, including:

• the Rental Charges;
• tolls;
• speeding and traffic fines and infringements;
• fines or charges imposed for parking;
• administrative charges for unpaid tolls, fines or infringements;
• extra cleaning costs;
• refuelling costs;
• the Damage Excess; or
• any amount due to Us as a result of a Major Breach.

6.17 Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract:

• 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;
• 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
• 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.

6.18 Termination of the Rental Contract

We may terminate the Rental Contract if:

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

Damage Cover

7.1 Damage Excess

• Standard Damage Cover is included in the Rental Charges.
• 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 Rental Agreement for each Accident or theft claim.
• Subject to the Damage Cover exclusions in clause 8, Your Damage Excess liability is reduced if You purchase Damage Excess reduction at extra cost.

7.2 Exemption from paying the Damage Excess

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

• You have fully completed an Incident Report Form with:
  • the name, residential address, contact phone, email address and licence number of any person involved (Third Party);
  • the registration number of all vehicles involved;
  • an accurate written and diagrammatic description of the Accident and location; and
  • the names and addresses of all attending police officers and the stations at which they are based;
• You have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim; and
• You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and We reasonably believe that You were not at fault and the insurer will agree to pay Us for the Damage.

7.3 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:

• for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You;
• 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
• 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.

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

• We will refund any amount You have paid for the Damage Excess as soon as practicable:
  • in full, if We recover the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss;
  • in part, if the repair cost to the Vehicle is less than the amount You have paid;
  • in part, if a claim for Third Party Loss is rejected or defended for an amount less than the Damage Excess; or
  • on a pro rata basis if We recover only a proportion of any amount We have claimed against a Third Party for Damage.
• 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.

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:

• Damage or Third Party Loss arising from:
  • a Major Breach of the Rental Contract;
  • 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
  • the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 25 or more than 75 years of age;
• Overhead Damage;
• Underbody Damage;
• Damage caused by:
  • immersion of the Vehicle in water, including salt water; or
  • use of the incorrect fuel type;
• damage to the tyres or rims of the Vehicle, other than by normal wear and tear;
• 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; and

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:

• You;
• Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
• any relative, friend or associate of an Authorised Driver; or
• Your employees,

that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Station.

Breakdowns

9.1 Roadside assistance

• 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.
• Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental 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 replacement Vehicle where one is available.

9.2 Assistance not covered

• • We are not responsible for:
    • • a flat battery;
      • wheel changing for a flat tyre;
      • lost keys or remote-control device; or
      • keys or remote-control device locked in the Vehicle.

    Extra charges will apply if any of these services are provided at Your request.

    • Roadside assistance does not apply if:
      • the incorrect fuel type is used; or
      • the breakdown is caused by a Major Breach,
        and You are liable for any Damage caused.

9.3 Consequential and other loss

Subject to the Australian Consumer Law, We are not responsible for:

• • flights You have missed;
  • holiday plans that are disrupted;
  • loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
  • loss of enjoyment; or
  • consequential or economic loss.

Accident and theft reporting

10.1 Reporting an Accident or theft to Us

• 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.
• The Accident/Theft report form should include as much information as is reasonably practical, including:
  • 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
  • the circumstances under which the Accident or theft occurred.
• The Accident/Theft report form must be submitted to Us
  • 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
  • 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:

• any person is injured;
• the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
• the other party appears to be under the influence of drugs or alcohol,
  You or the Authorised Driver must also report the theft or Accident to the police.

10.3 Steps You must take following an Accident

If You or an Authorised Driver have an Accident You and the Authorised Driver must:

• make the Vehicle secure;
• exchange names and addresses, phone numbers and email addresses with the other driver;
• obtain the name of the other driver’s insurance company;
• take a photo of the other driver’s licence;
• take the registration numbers of all vehicles involved;
• take as many photos as is reasonable showing:
  • the position of the Vehicles before they are moved for towing or salvage;
  • the Damage to the Vehicle;
  • the damage to any third party vehicle or property; and
  • the general area where the Accident occurred, including any road or traffic signs; and
• 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:

• forward all third party correspondence or court documents to Us within seven (7) days of receipt;
• co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or Our investigator may reasonably request within seven (7) days of receipt of such a request; and
• 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:
  • Our lawyer’s office; and
  • any Court hearing.

10.5 What You must not do

You and any Authorised Driver must not:

• make any admission of fault;
• make any offer or promise to pay or settle any claim for Third Party Loss; or
• agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft 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 in the settlement of any
claim as a direct result of that delay in complying with:

• the reporting obligations in clauses 10.1 and 10.2; and
• 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.

Major Breach and termination

11.1 Major Breach

You and any Authorised Driver commit a Major Breach of the Rental Contract if there is a breach of any of the following:

• clause 2 (who may drive the Vehicle);
• clause 3 (prohibited use);
• clause 4 (prohibited areas of use);
• clause 5.5 (Vehicle to be locked and keys kept in Your possession);
• clause 5.6 (reasonable care);
• clause 5.7 (maintenance for long term rentals);
• clause 5.8 (notification of Vehicle fault); or
• clause 5.9 (repair without authority); that causes Damage, theft of the Vehicle or Third Party Loss;
• 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
• clause 13.2(c) (removal of the Tracking Device).

11.2 No Damage Cover

If You or any Authorised Driver:

• commit a Major Breach of the Rental Contract; or
• drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred;
  You and any Authorised Driver:
  • have no Damage Cover;
  • are liable for all Damage, theft of the Vehicle and Third Party Loss; and
  • 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 Rental Contract and take immediate possession of the Vehicle if:

• there has been a Major Breach;
• there has been a breach of clause 11.2(b);
• the Vehicle has been illegally parked for longer than 24 hours; or
• the Vehicle is apparently abandoned.

Personal Property Securities Act 2009 (Cth)(PPSA)

12.1 Interest as a 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:

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

Privacy

13.1 Personal Information

• 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.
• When We collect Your personal information, We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
• 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

• 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.
• Information from the Tracking Device may be used during and after the Rental Period. When You sign the Rental Agreement, You expressly consent to Us:
  • using the Tracking Device on the Vehicle during the Rental Period; and
  • collecting, using and retaining information from the Tracking Device for the purposes referred to in clause 13.2(a).
• You must not tamper with the Tracking Device or remove it from the Vehicle.

Dispute resolution

• • We welcome every opportunity to resolve any concerns You may have with Our service.
  • If You believe there has been an error in Your account or if You have any complaint, Our staff at the Rental Station will help You in every way they can to rectify the error or resolve the complaint. If they are unable to assist You or if Your concerns are not resolved to Your satisfaction You may refer the matter to Our internal dispute resolution (IDR) process.
  • Upon receipt of Your referral to IDR Our IDR officer will acknowledge receipt of Your referral and will investigate the matter and try to reach a satisfactory outcome.
  • We will advise You of the final outcome of Your IDR referral within 45 days of receipt of that referral and We will use Our best endeavours to do so within 21 days thereof.
  • Referrals to Our IDR process can be to any of the following:

Phone: 03 9339 4490
Email: enquiry@sgcarrentals.com.au

Definitions and interpretation

15.1 Definitions

In these Terms and Conditions:
Accident means an unintended, unexpected and unforeseen incident, including:

• a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
• rollovers; and
• weather events, including hail 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 Rental Agreement prior to the Start of the Rental.

Damage means:

• 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;
• towing and salvage costs;
• assessing fees; and
• 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 7.3.
End of the Rental means:

• the date and time shown in the Rental Agreement when the rental ends and by which date and time the Vehicle
  must be returned to Us; or
• for longer term rentals, the last day of the notice period in cause 6.3(b) or the date and time the Vehicle is returned to Us, whichever is the earlier.

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

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 Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

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 Damage to the Vehicle or Third Party Loss caused by:

• 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;
• objects being placed on the roof of the Vehicle; or
• You or any person standing or sitting on the roof of the Vehicle.

PPSA means the Personal Property Securities Act 2009 (Cth).
Rental 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 Rental Agreement.

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

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

Security Deposit means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental and the amount is fully refundable subject to clause 5.2.

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

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

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.

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 Rental 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.

We, Us, Our, means SG Car Rentals Pty Ltd ABN 26 201 141 528.

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 Rental Agreement.

15.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

• headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and
• where You comprises two or more persons each is bound jointly and severally.