Airport Car Rentals Sydney Airport Car Rentals Sydney

Terms & Conditions

Rental Vehicle Terms And Conditions

1. Definitions

  1. "Supplier" shall mean Vimar Trading Pty Ltd (as Trustee for Vimar Trading Trust), its successors and assigns or any person acting on behalf of and with the authority of Vimar Trading Pty Ltd (as Trustee for Vimar Trading Trust).
  2. "Hirer" shall mean the Hirer or any person acting on behalf of and with the authority of the Hirer.
  3. "Price" shall mean the cost of the hire of a Vehicle as agreed between the Supplier and the Hirer subject to clause 3 of this contract.
  4. "Vehicle" shall mean any Vehicle supplied by the Supplier to the Hirer. The Vehicle shall be described on the Rental Agreement or any other commencement forms as provided by the Supplier to the Hirer.
  5. "Hire" shall mean any or all Hire supplied by the Supplier to the Hirer and includes any advice or recommendations.

2. Acceptance

  1. The Hirer (and all drivers) are taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Hirer places an order for, or accepts Services provided by the Supplier.
  2. These terms and conditions may only be amended with the Supplier's consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Hirer and the Supplier.

3. Electronic Transactions Act

  1. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW & SA), the Electronic Transactions Act 2001 (ACT), the Electronic Transactions (Victoria) Act 2000, the Electronic Transactions Act 2003 (WA), the Electronic Transactions (Northern Territory) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS), Section 22 of the Electronic Transactions Act 2002 (NZ) (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Change in Control

  1. The Hirer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Hirer and/or any other change in the Hirer’s details (including but not limited to, changes in the Hirer’s name, address, contact phone or fax number/s, or business practice). The Hirer shall be liable for any loss incurred by the Supplier as a result of the Hirer’s failure to comply with this clause.

5. Price and Payment

  1. At the Supplier’s sole discretion the Price shall be either;
    1. as indicated on invoices provided by the Supplier to the Hirer in respect of Vehicle supplied; or
    2. the Hirer’s current Price, at the date of delivery of the Vehicle, according to the Hirer’s current Price list; or
    3. the Supplier’s quoted Price (subject to clause 5.2) which shall be binding upon the Supplier provided that the Hirer shall accept in writing the Supplier’s quotation within thirty (30) days.
  2. The Supplier reserves the right to change the Price in the event of a variation to the Supplier’s quotation.
  3. The Supplier may charge for Hire by a daily, hourly or kilometre rate (or a combination of these).
  4. At the Supplier’s sole discretion a deposit may be required.
  5. An additional charge of fifty dollars ($50.00) per day will apply for any Vehicle driven outside the designated area of use limitation (as specified by the Supplier), and this charge shall apply for the entire Hire Term.
  6. At the Supplier’s sole discretion;
    1. prior to delivery of the Vehicle; or
    2. the date specified on any invoice or other form as being the date for payment; or
    3. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Hirer by the Supplier.
  7. Payment will be made by cash, credit card, or by any other method as agreed to between the Hirer and the Supplier. The Hirer acknowledges that the Supplier may retain the Hirer’s credit card details for a period of up to ninety (90) days in the event that additional costs are incurred as a result of the hire of the Vehicle (including, but not limited to, where clause 9.1 and 8.3), after which time those details will be destroyed.
  8. Unless otherwise stated the Price does not include GST. In addition to the Price the Hirer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the hire of the Vehicle. The Hirer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Hirer pays the Price. In addition the Hirer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  9. The Hirer agrees that they are responsible for all charges specified herein (and any other charges on demand), and authorise to the Supplier to debit the credit card provided by the Hirer, or any other credit card provided.

6. Delivery of the Vehicle

  1. Delivery (“Delivery”) of the Vehicle is taken to occur at the time that the Hirer (or the Hirer’s nominated carrier) collects the Vehicle from the Supplier’s business premises. At the Supplier’s sole discretion, delivery costs shall be charged in addition to the Price for any delivery made by the Supplier (or the Supplier’s nominated carrier) to the Hirer’s nominated address.
  2. Any time or date given by the Supplier to the Hirer is an estimate only. The Hirer must still accept delivery of the Vehicle even if late and the Supplier will not be liable for any loss or damage incurred by the Hirer as a result of the delivery being late.
  3. Vehicle swaps shall take place at the Supplier’s premises or designated pick-up location unless the Vehicle is immobolised or movement will cause damage.

7. Hire Term

  1. The Hire Term shall be for the period as described on the Supplier’s Vehicle Hire Agreement. In the event the Hirer wishes to extend the Hire Term:
    1. the Supplier must be notified of, and agree to, the extended period of hire prior to the initial return date and time of the Vehicle; and
    2. the additional charges applicable shall be due and payable prior to commencement of the extension; and
    3. where the Hirer fails to adhere to this clause, the Vehicle will be immediately reported to the Police by the Supplier as stolen property.
  2. When a Vehicle is left at any other place than the Supplier’s premises, then termination shall be when the Vehicle inspection shall occur at the time of the collection. The Hirer will be responsible for the Vehicle up until this time of termination, inspection, and collection.
  3. The Hirer shall return the Vehicle in the same clean (washed) and tidy condition at the expiry of the term of hire or a surcharge for cleaning may be imposed upon the Hirer for such cleaning. No refund can be made until a Vehicle has been cleaned and inspected for any damage.

8. Drivers of the Vehicle

  1. The Vehicle may be driven during the Hire Term only by the Hirer and/or persons named on the front of this form, and only if they hold a current driver’s license for a period of not less than two years (and which is an appropriate license for the Vehicle) at the time when they are driving the Vehicle.
  2. If the need arises, consent is given to the Supplier to check validity and currency of any drivers license used in connection with this agreement.

9. Hirer's Obligations

  1. The Vehicle shall be delivered to the Hirer in good operating condition, and the Hirer agrees to keep (and return) the Vehicle in the same condition (fair wear and tear excepted), not including windscreen or tyre damage, together with all tools, tyres, accessories and equipment to the Supplier on the agreed date.
  2. The Hirer shall, where applicable, ensure that:
    1. the water in the radiator and battery of the Vehicle is maintained at the proper level; and
    2. the oil in the Vehicle is maintained at the proper level; and
    3. the tyres are maintained at their proper pressure.
  3. The Hirer shall ensure that all reasonable care is taken in handling and parking the Vehicle, that the Vehicle is left securely locked when not in use, and that the key is kept secure and under the Hirer’s personal control.
  4. The Hirer acknowledges that they are responsible for the refueling of the Vehicle prior to its return from Hire. In the event the Vehicle needs to be refueled upon its return from Hire then the costs of refueling shall be in addition to the Price and shall be immediately due and payable by the Hirer.
  5. The Hirer must promptly report to the Supplier, and Police and/or proper authorities, any incident involving loss or damage to the Vehicle during the Hire Term. The Hirer is not absolved from the requirements to safeguard the Vehicle by giving such notification.

10. Liability Waiver Insurance

  1. Provided the Hirer acts within the terms and conditions of this agreement, the Supplier will grant damage cover for the Hirer’s benefit in respect of damages to the Vehicle or third party damage, excluding any property owned by or in the physical or legal control of the Hirer, and subject to the following:
    1. payment of the damage/loss liability charges as specified by the Supplier on the Vehicle Hire Agreement;
    2. provided the Hirer has not acted, or caused any other person to act, in any manner which is in contravention of this agreement (including any special conditions specified on the Vehicle Hire Agreement);
    3. provided the Hirer is not covered under any other insurance policy;
    4. the Hirer provides such information and assistance as may be requested and, if necessary, authorizes the Supplier to bring, defend or settle legal proceedings, but the Supplier shall have solo conduct of the proceedings.
  2. The Hirer acknowledges that it’s the Hirer’s responsibility to ensure that any personal items carried in or on the vehicle are insured adequately or at all. The Supplier shall have no liability to the Hirer whatsoever in respect of such property.

11. Use of the Vehicle

  1. The indemnities referred to in clause 10 shall not apply where any damage, injury or loss arises:
    1. from the Hirer’s breach of any term or condition of this agreement;
    2. when the driver of the Vehicle:
      1. has not been identified on the Supplier’s Vehicle Hire Agreement as an authorised driver of the Vehicle; or
      2. is under the influence of alcohol or any drug that affects their ability to drive the Vehicle; or
      3. has provided false information to the Supplier (e.g. name, ages, address or drivers license details); or
      4. is, at the time when they drove the Vehicle, disqualified from holding (or has never held) a driver's license, or whose drivers license has been cancelled or endorsed, within the last three (3) years; or
      5. has not held a current and full drivers license for a period of two (2) years or more; or
      6. is not licensed for the appropriate class of vehicle.
    3. when the Vehicle is used:
      1. wilfully or recklessly, or in an inappropriate or dangerous manner, or for a purpose other than for which it was designed and constructed (e.g. for racing, rally, contest, pace making, reliability trials, speed trials, hill climbing, or being tested in preparation for any of these purposes, etc.);
      2. in contravention to any legislation or regulation controlling vehicular traffic, or for illegal purposes;
      3. unless authorised by the Supplier in writing or in the Vehicle Hire Agreement:
    4. to carry any animal or pet;
    5. to propel or tow any trailer, boat, other vehicle, or any other object;
    6. on unsealed roads, any closed road or non-public roadway, or off-road conditions.
      1. to carry any greater load and/or more passengers than is lawful;
      2. to carry persons for hire or reward, or carry any flammable, explosive or corrosive materials.
    7. the Vehicle is in an unsafe or un-roadworthy condition that arose during the course of the Hire and that caused or contributed to the damage or loss, and the Hirer or driver was aware of or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle; or
    8. the Vehicle is operated outside the terms and conditions of this agreement, the Hire Term, or any agreed extension of the Hire Term.
  2. The Hirer shall not sublet or Hire the Vehicle to any other person.

12. Rejection of Insurance

  1. If insurance is rejected, or any insurance claim is declined for any reason, the Hirer acknowledges by signing on the front of this agreement that the Vehicle is hired at the Hirers sole risk and accepts that they shall be liable to the Supplier for any loss of, or damage to, the Vehicle (howsoever arising) plus any consequential loss incurred by the Supplier.

13. Hirer's Liability

  1. The Hirer shall be liable for:
    1. any parking or traffic infringement and will supply relevant details as required by the Police and/or the Supplier relating to any such parking or traffic infringement and offences, impoundment, towage and storage;
    2. all loss or damage to the Vehicle (including loss of use), legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and company service charges where:
      1. the Hirer has breached, or failed to adhere to, any term or condition imposed by this agreement;
      2. the Vehicle is involved in a single car accident (or not under the control of an authorised driver at the time of loss), unless the company waives such loss due to the Hirer’s acceptance of Liability Waive Insurance (as per clause 10). A single car accident is defined as any incident where the Vehicle suffers loss or damage as a result of an impact with any or all objects, whether animate or inanimate, except another vehicle which can be fully identified and all details provided;
      3. the under body of the Vehicle is damaged;
      4. the Vehicle is totally or partially immersed in water;
      5. the interior of the Vehicle is damaged;
      6. the tyres of the Vehicle are damaged other than by normal wear;
      7. the Vehicle, or any third party property, is damaged by driving it under or into an object lower than the height of the Vehicle;
      8. the Vehicle is damaged by loading or unloading, other than normal wear and tear;
      9. the windscreen or any windows are damaged;
      10. the Hirer fails to secure properly any load or equipment, which leads to loss caused by any part of said load or equipment.
    3. An additional charge shall be applicable where the Vehicle is driven outside the specified area or use, and such charge shall apply for the entire Hire Term.

14. Mechanical Repairs and Accidents

  1. If the Vehicle is damaged, or requires repair or salvage, whether because of any accident or breakdown, the Hirer shall advise the Supplier of the full circumstances as soon as practicable.
  2. The Hirer shall not arrange or undertake any repairs or salvage without the authority of the Supplier.
  3. The Hirer shall ensure that no person shall interfere with the distance recorder (odometer) or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the Vehicle. In the event the seal of the odometer is broken, it shall be reported to the appropriate authority and the Hirer shall be responsible for additional charges based on five hundred kilometres (500km) per day at fifty cents ($0.50) per kilometer.

15. Immediate return of Vehicle where default or damage

  1. The Supplier shall have the right to terminate the hire and take immediate possession of the Vehicle if the Hirer fails to comply with any of the terms of this agreement, or if the Vehicle is damaged. The termination of the hire under the authority of this clause shall be without prejudice to the other rights of the Supplier and the rights of the Hirer under this Agreement or otherwise.

16. The Commonwealth Competition and Consumer Act 2010 and Fair Trading Acts

  1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
  2. Where the Hirer hires the Vehicle as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

17. Default and Consequences of Default

  1. Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
  2. If the Hirer owes the Supplier any money the Hirer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).
  3. Without prejudice to any other remedies the Supplier may have, if at any time the Hirer is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the supply of Vehicle to the Hirer and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Hirer for any loss or damage the Hirer suffers because the Supplier has exercised its rights under this clause.
  4. Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Hirer which remains unperformed in addition to and without prejudice to any other remedies the Supplier may have and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
    1. any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Hirer will be unable to meet its payments as they fall due; or
    2. the Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.

18. Cancellation

  1. The Supplier may cancel these terms and conditions or cancel delivery of the Vehicle at any time before the Vehicle is delivered by giving written notice. The Supplier shall not be liable for any loss or damage whatever arising from such cancellation.
  2. In the event that the Hirer cancels delivery of the Vehicle the Hirer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation or as a direct result of the cancellation.

19. Privacy Act 1988

  1. The Hirer and/or the Guarantor/s (herein referred to as the Hirer) agree for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Hirer in relation to credit provided by the Supplier.
  2. The Hirer agrees that the Supplier may exchange information about the Hirer with those credit providers either named as trade referees by the Hirer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
    1. to assess an application by the Hirer; and/or
    2. to notify other credit providers of a default by the Hirer; and/or
    3. to exchange information with other credit providers as to the status of this credit account, where the Hirer is in default with other credit providers; and/or
    4. to assess the creditworthiness of the Hirer.
    The Hirer understands that the information exchanged can include anything about the Hirer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
  3. The Hirer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
  4. The Hirer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other purposes as shall be agreed between the Hirer and Supplier or required by law from time to time):
    1. the provision of Goods; and/or
    2. the marketing of Goods by the Supplier, its agents or distributors; and/or
    3. analysing, verifying and/or checking the Hirer’s credit, payment and/or status in relation to the provision of Goods; and/or
    4. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Hirer; and/or
    5. enabling the daily operation of Hirer’s account and/or the collection of amounts outstanding in the Hirer’s account in relation to the Goods.
  5. The Supplier may give information about the Hirer to a credit reporting agency for the following purposes:
    1. to obtain a consumer credit report about the Hirer;
    2. allow the credit reporting agency to create or maintain a credit information file containing information about the Hirer.
  6. The information given to the credit reporting agency may include:
    1. personal particulars (the Hirer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
    2. details concerning the Hirer’s application for credit or commercial credit and the amount requested;
    3. advice that the Supplier is a current credit provider to the Hirer;
    4. advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
    5. that the Hirer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
    6. information that, in the opinion of the Supplier, the Hirer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Hirer’s credit obligations);
    7. advice that cheques drawn by the Hirer for one hundred dollars ($100) or more, have been dishonoured more than once;
    8. that credit provided to the Hirer by the Supplier has been paid or otherwise discharged.

20. Personal Property Securities Act 2009 (“PPSA”)

  1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
  2. Upon assenting to these terms and conditions in writing the Hirer and the Guarantor acknowledge and agree that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all Vehicles that have previously been supplied and that will be supplied in the future by the Supplier to the Hirer.
  3. The Hirer and the Guarantor undertake to:
    1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to:
      1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
      2. register any other document required to be registered by the PPSA; or
      3. correct a defect in a statement referred to in clause 20.3(a)(i) or 20.3(a)(ii);
    2. indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Vehicle charged thereby;
    3. not register a financing change statement in respect of a security interest without the prior written consent of the Supplier;
    4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Vehicle in favour of a third party without the prior written consent of the Supplier; and
  4. The Supplier, the Hirer and the Guarantor agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
  5. The Hirer and the Guarantor waive their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
  6. The Hirer and the Guarantor waive their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
  7. Unless otherwise agreed to in writing by the Supplier, the Hirer and the Guarantor waive their right to receive a verification statement in accordance with section 157 of the PPSA.
  8. The Hirer and the Guarantor must unconditionally ratify any actions taken by the Supplier under clauses 20.3 to 20.5.
  9. Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

21. General

  1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  2. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, and are subject to the jurisdiction of the Sydney Courts in that state
  3. The Supplier shall be under no liability whatever to the Hirer for any indirect loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Supplier of these terms and conditions.
  4. In the event of any breach of this contract by the Supplier the remedies of the Hirer shall be limited to damages. Under no circumstances shall the liability of the Supplier exceed the Price.
  5. The Hirer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Hirer by the Supplier.
  6. The Supplier may license or sub-contract all or any part of its rights and obligations without the Hirer’s consent.
  7. The Supplier reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Hirer of such change. The Hirer shall be under no obligation to accept such changes unless they enter into a subsequent arrangement to Hire or continue the Hire of the Suppliers Vehicle(s).
  8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
  9. The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.