Trend Car Rentals
ABN 31 623 905 288
ABN 31 623 905 288
Rental Terms and Conditions
Table of contents
1. Introduction
2. Who may drive the Vehicle?
3. Prohibited Use
4. Prohibited areas of use
5. Rental obligations
6. Care of the Vehicle
7. Rental Period, costs and charges
8. Damage Cover
9. Damage Cover Exclusions
10. Breakdowns
11. Accidents
12. Accident and theft reporting
13. End of the Rental
14. Major Breach, termination and repossession.
15. Personal Property Securities Act 2009 (Cth)(PPSA)
16. Privacy
17. Definitions and interpretation.
ABN 31 623 905 288
1 Introduction
1.1 Rental Contract
(a) Your contract to hire a Vehicle from Us (Rental Contract) comprises:
(i) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us;
(ii) the Handover Inspection Report; and
(iii) these rental Terms and Conditions (Terms and Conditions);
(b) These documents comprise the Rental Contract and create binding and enforceable legal obligations and Your
signature on the Rental Agreement confirms Your acceptance of those legal obligations and that You are bound
by them.
1.2 Relevant law
The Rental Contract is governed by the laws of South Australia 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:
(a) Part 2-3 of The Australian Consumer Law relating to unfair contract terms; or
(b) 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.
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.
Who-may-drive-the-Vehicle?
IMPORTANT NOTICE
A breach of any part of this clause 2 is a Major Breach of the Rental Contract that excludes Your entitlement to
Damage Cover and may result in the Vehicle being repossessed. See clause 14 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 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
(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 80 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
(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 written in English, or if not in English
is accompanied by either:
(A) a valid International Driving Permit; or
(B) an accurate translation of Your licence into English, issued by the National Accreditation
Authority for Translators and Interpreters (NAATI) that includes a full explanation written in
English of any condition to which Your licence is subject and the category of vehicle for which
Your licence was issued;
(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 and probationary licence holders are not acceptable and must not drive the
Vehicle.
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 Rental Agreement.
2.5 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.
3 Prohibited Use
IMPORTANT NOTICE
A breach of any part of this clause 3 is a Major Breach of the Rental Contract that excludes Your entitlement to
Damage Cover and may result in the Vehicle being repossessed. See clause 14 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 that makes 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) to propel or tow another vehicle, trailer or boat;
(iv) to carry any water skies, surfboards, bicycles, or canoes either inside or on the roof of the Vehicle;
(v) to carry or transport illegal drugs or substances;
(vi) in connection with the motor trade for experiments, tests, trials or demonstration purposes;
(vii) in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
(viii) in an unsafe or unroadworthy condition; or
(c) use a mobile phone in a moving or stationary Vehicle that is not parked:
(i) to make or receive a phone call;
(ii) to send a text message, video message, or email;
(iii) to perform any audio function; or
(iv) as a navigational device,
unless the body of the phone is securely mounted in the Vehicle and its operation does not involve scrolling on
the device or entering information, text, numbers or symbols, except if that operation can be performed using
voice controls only.
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 Rental Contract that excludes Your entitlement to
Damage Cover and may result in the Vehicle being repossessed. See clause 14 for further details.
4.1 Permitted roads
(a) Subject to clause 4.1(b), the Vehicle may be driven on any Gazetted Road.
(b) Driving the Vehicle on Unsealed Roads is permitted provided that:
(i) We have agreed to the use of the Vehicle on Unsealed Roads prior to the Start of the Rental;
(ii) the condition of the surface of the Unsealed Road and the speed of travel will not cause Damage to the
Vehicle; and
(iii) the Vehicle is never driven through loose gravel, dirt, sand or mud.
(c) An additional fee applies if We have approved use of the Vehicle on Unsealed Roads.
4.2 Prohibited areas
The Vehicle must never be driven:
(a) Off Road;
(b) on beaches, sand dunes, streams, rivers, creeks, salt lakes, dams and floodwaters or any area exposed to
saltwater; or
(c) on any road:
(i) where snow has fallen or is likely to fall;
(ii) that is prone to flooding or is flooded;
(iii) where the police or an authority has issued a warning;
(iv) that is closed; or
(v) where it would be unsafe to drive the Vehicle.
4.3 Prohibited areas without prior approval
The Vehicle must never be driven or used:
(a) outside a radius of 500 kilometres from the Rental Station if the Vehicle is a standard passenger vehicle and
clause 7.6(a) applies;
(b) interstate; or
(c) 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.
5 Rental obligations
IMPORTANT NOTICE
A breach of either of clause 5.1 or clause 5.3 is a Major Breach of the Rental Contract that excludes Your
entitlement to Damage Cover and may result in the Vehicle being repossessed. See clause 14 for further details.
5.1 No false and misleading information
(a) You and any Authorised Driver must take all reasonable steps to ensure that the information supplied to Us at
the Start of the Rental is accurate, complete and up-to-date and is not false or misleading.
(b) In entering into the Rental Contract with You We have relied upon the information You and any Authorised Driver
have provided to Us and:
(i) the wilful supply of false or misleading information, including false name, age, address, occupation or
driver’s licence details; or
(ii) acting in collusion with any other person to supply such false or misleading information,
is a Major Breach of the Rental Contract.
5.2 Start of the Rental
(a) At the Start of the Rental and before collecting the Vehicle You must:
(i) 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;
(ii) present Your passport if You are not an Australian citizen;
(iii) pay the Rental Charges for short term rentals and pay the first week’s Rental Charges in advance for
Longer Term Rentals (clause 5.3);
(iv) pay the Security Deposit; and
(v) 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 within one (1) hour of leaving the Rental Depot.
(b) To avoid any disputes regarding pre-existing Damage We recommend that at pick-up You photograph (at a
minimum) the front, rear, sides and interior of the Vehicle and if taken, those photos must be made available to
Us if there is a dispute about pre-existing Damage.
5.3 Payment of the Rental Charges for Longer Term Rentals
(a) The Rental Charges for Longer Term Rentals must be paid weekly, no less than seven (7) days in advance, by
direct credit to Our account.
(b) You must promptly pay the Rental Charges on or before the date they are due and overdue payments incur a
late fee of $11.
(c) Any weekly payment of Rental Charges that is overdue for 14 days or more is a Major Breach of the Rental
Contract allowing Us to terminate the Rental Contract and repossess the Vehicle unless within that period:
(i) You have sought relief; and
(ii) We have agreed with You on a payment plan to rectify the default within a reasonable period.
(d) The Vehicle must be returned to the Rental Depot immediately a notice of termination under clause 5.3(c) is
served upon You.
5.4 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 Rental Contract and is fully refundable to You ten (10) business days after the End of the
Rental provided that:
(i) all amounts due to Us under the Rental Contract have been paid, including toll road charges and
refuelling costs;
(ii) the Vehicle has been returned to the Rental Station at the date and time set in the Rental 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 Rental Contract.
(b) If at the End of the Rental You fail to pay any of the amounts in clause 5.4(a) for which You are liable, We will
apply the Security Deposit against those outstanding amounts.
5.5 During Your rental
During the Rental Period:
(a) You must:
(i) inspect the Vehicle regularly, and no less than weekly, for oil, water and fuel leaks and Damage and also
check the tyre pressures; and
(ii) adhere to any mileage instructions displayed in the Vehicle or set by the Rental 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.
5.6 Seat belts and child restraints
(a) You must comply with all mandatory:
(i) 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
(ii) child restraint laws and ensure that for all children under the age of ten (10) years the restraint has been
fitted correctly according to the weight and age of the child and that the restraint is properly installed,
fitted, adjusted and fastened.
(b) We are not authorised to install child restraints so We are unable to assist You with their installation or answer
any questions You may have regarding their installation or adjustment.
6 Care of the Vehicle
IMPORTANT NOTICE
A breach of any part of this clause 6 is a Major Breach of the Rental Contract that excludes Your entitlement to
Damage Cover and may result in the Vehicle being repossessed. See clause 14 for further details.
6.1 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.
6.2 Reasonable care
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged or stolen;
(b) making sure it is protected from inclement weather or floods;
(c) using any security device fitted to, or supplied with, the Vehicle;
(d) properly securing any goods, property or equipment carried in the Vehicle;
(e) maintaining the engine and brake oils and coolant level and tyre pressures;
(f) using the correct fuel type; and
(g) making sure it is not overloaded by the number of persons or by the weight of goods carried.
6.3 Maintenance for longer term rentals
(a) 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:
(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 Rental 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.
(d) We also reserve the right:
(i) to request that the Vehicle be returned to the Rental Depot monthly for its condition to be inspected; or
(ii) alternatively, to require You to supply the Vehicle’s current odometer reading and provide details of the
Vehicle’s condition, including the provision of photos of the Vehicle’s showing its condition and any
Damage.
6.4 Notification of Vehicle fault
(a) You must inform Us immediately if:
(i) the Vehicle breaks down;
(ii) a warning light or fault message appears;
(iii) You see or become aware of low engine or brake oils, or engine coolant levels; or
(iv) the Vehicle develops any fault during the Rental 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.
6.5 Overhead Damage
(a) There is no Damage Cover for Overhead Damage to the Vehicle.
(b) Before entering or exiting any building (such as car parks, shopping centres, service stations, warehouses,
residential garages and drive-through facilities) or passing under bridges, through tunnels or along tree lined
streets You must check there is adequate clearance between the Vehicle and the lowest overhead point of any
building, structure or object.
6.6 Underbody Damage
(a) There is no Damage Cover for Underbody Damage to the Vehicle.
(b) You must ensure the Vehicle does not come into contact with any part of the roadway or any object or
obstruction that will cause Underbody Damage to the Vehicle.
7 Rental Period, costs and charges
7.1 Your Rental
(a) Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement.
(b) If You return the Vehicle earlier than the date and time shown in the Rental Agreement We will not refund any
unused daily Rental Charges to You unless You provide a reasonable explanation in which case We may allow a
refund to be made, but the daily rate will be adjusted for the actual days used.
7.2 Longer Term Rentals
(a) The minimum Rental Period for a Longer Term Rental is four (4) weeks.
(b) All moneys owed to Us under the Rental Contract, including the Rental Charges, must be paid:
(i) weekly, no less than seven (7) days in advance, unless the payment schedule as shown in Your Rental
Agreement requires payment monthly in advance;
(ii) pursuant to the Direct Debit Service Agreement or a credit/debit card authority; and
(iii) until the End of the Rental and the Vehicle is returned to Us.
Special Notice: If any payment due to Us is not made and there is a default of 14 or more days, upon reasonable notice
We may repossess the Vehicle.
7.3 Extending the Rental Period
(a) 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.
(b) 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:
(i) terminate the Rental Contract; and
(ii) recover the Vehicle (see clause 13.8).
7.4 Cancellation and ‘No Show’
(a) You will be charged the Rental Charges for the Rental Period as booked if:
(i) Your booking is cancelled within 24 hours prior to the Start of the Rental; or
(ii) 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.
(b) A cancellation is not effective until acknowledged and confirmed by Us.
7.5 Tolls, fines and infringements
(a) You and any Authorised Driver must pay
(i) Tolls;
(ii) fines or charges imposed for parking;
(iii) infringements and fines imposed for speeding and other driving offences; and
(iv) 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 toll, fine or
infringement is unpaid.
7.6 Daily kilometre limits
(a) There is no daily kilometre limit for standard passenger vehicles (six (6) seats or less).
(b) For all non-standard passenger vehicles, including vehicles with seven (7) or more seats, commercial vehicles,
SUV’s and four wheel drives:
(i) a daily limit of 200 kilometres applies; and
(ii) for each day You exceed that limit (calculated over the Rental Period) You will incur an additional fee of
thirty five cents (35c) per kilometre.
(c) Please note the prohibition on the Vehicle being driven interstate and the 500 kilometre radius limit outside which
the Vehicle must not be driven continue to apply to all vehicles (see clause 4.3(a)).
7.7 GST
(a) Unless otherwise indicated, all fees and charges are inclusive of GST.
(b) If GST is stated as not inclusive, You are liable for any GST payable.
8 Damage Cover
8.1 Damage Excess
(a) Standard Damage Cover is included in the Rental 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 Rental
Agreement for each Accident or theft claim.
8.2 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.
8.3 Damage Excess reduction
You may reduce the standard Damage Excess by payment of an additional daily amount as follows:
(a) by payment of an additional $20 per day the Damage Excess may be reduced to $2,000;
(b) by payment of an additional $30 per day the Damage Excess may be reduced to $1,000; and
(c) by payment of an additional $50 per day the Damage Excess may be reduced to $600.
8.4 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:
(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.
8.5 Younger age additional Damage Excess
An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.
8.6 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.
8.7 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.
9 Damage Cover Exclusions
9.1 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, including Loss of Use, or Third Party Loss arising from:
(i) a Major Breach of the Rental 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
80 years of age;
(b) Overhead Damage;
(c) Underbody Damage;
(d) Damage caused by:
(i) immersion of the Vehicle in water, including salt water; or
(ii) use of the incorrect fuel type;
(e) damage to the tyres or rims of the Vehicle, other than by normal wear and tear;
(f) damage to the windscreen and windows of the Vehicle, including any breakages, chipping, scratches and cracks,
other than by normal wear and tear
(g) 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 door control devices tool kits, spare tyres and first aid kits;
(h) Damage caused by use of the incorrect fuel type;
9.2 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 12 of these Terms and Conditions.
9.3 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 Rental Period or left in the Vehicle after the Vehicle is returned
to the Rental Station.
10 Breakdowns
10.1 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) 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 on 049 777 2711 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.
10.2 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) The replacement cost for lost keys, keyless start or remote door control devices range from $550 to $1,100 which
will be deducted from the Security Deposit or billed to Your credit card.
(c) 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.
10.3 Consequential and other loss
Subject to the Australian Consumer Law, We are not responsible for flights You have missed, holiday plans that have
been disrupted, loss of enjoyment, or consequential or economic loss caused either directly or indirectly as a result of
events which are outside Our reasonable control and not caused by Our negligence, including:
(a) floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
(b) industrial action; and
(c) commercial flight disruptions.
11 Accidents
IMPORTANT NOTICE
A breach of any part of this clause 11.2 is a Major Breach of the Rental Contract that excludes Your entitlement to
Damage Cover and may result in the Vehicle being repossessed. See clause 14 for further details.
11.1 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:
(a) You or a passenger have been injured and require medical attention; or
(b) You are directed to do so by the police or emergency services.
11.2 Accident reporting
If the Vehicle is involved in an Accident or if it is stolen You must contact Us on 049 777 2711 to report the Accident or
theft as soon as practicable (see clause 12 for Your reporting obligations).
11.3 Repair without authority prohibited
If there is Damage the Vehicle You must not:
(a) make any repairs to the Vehicle;
(b) let anyone else repair or work on the Vehicle; or
(c) tow or salvage the Vehicle,
without Our prior written authority.
11.4 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 Rental Contract.
11.5 Replacement Vehicle following a major Accident
Acting reasonably, We reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been
substantial Damage to it and a replacement vehicle is always subject to availability.
12 Accident and theft reporting
12.1 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:
(i) contact Us on 049 777 2711 to report the Accident or theft as soon as practicable, but in no case more
than 24 hours of it occurring; and
(ii) subsequently fully complete an Incident Report Form.
(b) The Accident/Theft report form should include as much information as is reasonably practical, including:
(i) the information listed in clause 12.3 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.
12.2 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 as soon as:
(i) the theft is discovered; or
(ii) it is practical to do so after an Accident.
12.3 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.
12.4 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.
12.5 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.
12.6 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 12.1 and 12.2; and
(b) the obligations in clause 12.4 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.
13 End of the Rental
13.1 Return of the Vehicle
(a) You must return the Vehicle:
(i) to the Rental Depot;
(ii) on the date and by the time shown in the Rental Agreement;
(iii) in a reasonable state of cleanliness;
(iv) in the same mechanical condition, it was in at the Start of the Rental, 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 plus the cost of the fuel, will apply;
(ii) earlier than the date shown in the Rental Agreement there is no entitlement to a refund;
(iii) 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
(iv) at any time outside Our normal business hours, You must pay for the daily Rental Charges and all Damage
until the Rental Depot next opens for business unless We have agreed to an after business hours drop
off and it is shown on the Rental Agreement.
13.2 End of the Rental payments
At the End of the Rental, You must pay:
(a) the balance of the Rental 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 and deodorising costs;
(d) for all Damage and Third Party Loss arising from a Major Breach of the Rental Contract; and
(e) for all Damage and Third Party Loss for which Damage Cover is excluded pursuant to clause 9.1 or reduced
pursuant to clause 9.2.
13.3 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:
(a) the Rental 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 and deodorising costs;
(g) refuelling costs;
(h) the Damage Excess; or
(i) any amount due to Us as a result of a Major Breach.
13.4 Default in payment
(a) By entering into the Rental Contract You have agreed to pay all of the amounts owed to Us under the Rental
Contract.
(b) Acting reasonably, We may decline all future rentals if there is any default in payment of amounts due under the
Rental Contract that exceeds a period of 14 days.
(c) If You default in the payment of any moneys owed to Us under the Rental Contract:
(i) 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;
(ii) 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
(iii) 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.
13.5 Deleting Personal Information and data
(a) Before returning the Vehicle, You must 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.
(b) If You have added the Vehicle to the Vehicle manufacturer’s app to 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
Rental Period You must remove or delete the Vehicle from that app.
(c) Where You have failed to sign out of an application or remove or delete any Personal Information, data or mobile
phone numbers from the Vehicle, We are not responsible for:
(i) removing Your Personal Information, data or mobile phone numbers;
(ii) any future use of Your account by third parties subsequently renting the Vehicle; or
(iii) access by a third party to, or disclosure of, any Personal Information collected by the Vehicle.
13.6 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, but if not reclaimed they will be dealt with according to state or territory legislation or
donated to a suitable charity.
13.7 Post rental inspection procedure
(a) We will take reasonable steps to conduct a post rental 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.
13.8 Failure to return the Vehicle on time or to the Rental Depot
(a) If You fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement:
(i) We may terminate the Rental Contract;
(ii) if the location of the Vehicle is known, We may recover it by lawful means or if it is unknown, after making
reasonable attempts to contact You, We will report the Vehicle to the police as having being stolen; and
(iii) You must pay any towing or recovery fees incurred in the Vehicle’s recovery.
(b) If the Vehicle is left at any other place than the Rental Depot from which it was rented:
(i) 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
(ii) You are responsible for Damage to the Vehicle up until this time of the collection and inspection.
14 Major Breach, termination and repossession
14.1 What is a Major Breach?
You and any Authorised Driver commit a Major Breach of the Rental Contract if:
(a) there is a breach of any of the following:
(i) clause 2 (who may drive the Vehicle);
(ii) clause 3 (prohibited use);
(iii) clause 4 (prohibited areas of use);
(iv) clause 6.1 (Vehicle to be locked and keys kept in Your possession);
(v) clause 6.2 (reasonable care);
(vi) clause 6.3 (maintenance for long term rentals);
(vii) clause 6.4 (notification of Vehicle fault); or
(viii) clause 11.3 (repair without authority);
that causes Damage, theft of the Vehicle or Third Party Loss;
(b) there is a beach of:
(i) clause 5.1 (false and misleading information);
(ii) clause 5.3 (payment of the Rental Charges for Longer Term Rentals);
(iii) clauses 11.2 and 12 (Accident and theft 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
(iv) clause 16.2(c) (tampering with, or removal of, the Tracking Device);
(c) the Vehicle is stolen by You or an Authorised Driver or by any person acting for You, at Your direction or on Your
behalf; or
(d) You or an Authorised Driver have acted dishonestly or fraudulently.
14.2 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Rental 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.
14.3 Termination and repossession
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:
(a) there has been a Major Breach;
(b) there has been a breach of clause 14.2(b);
(c) the Vehicle has been illegally parked for longer than 24 hours; or
(d) the Vehicle is apparently abandoned.
14.4 Our rights on termination
If the Rental Contract is terminated:
(a) it will not affect Our right to receive any money We are owed under the Rental Contract;
(b) You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable
force or causing damage; and
(c) You must pay any towing or recovery fees incurred in the Vehicle’s repossession.
14.5 Termination of the Rental Contract through bankruptcy or insolvency
We may terminate the Rental 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.
14.6 Immobilisation of the Vehicle
Acting reasonably We may remotely immobilise the Vehicle, effective from when the Vehicle’s ignition is next turned off, if:
(a) We receive alerts indicating:
(i) excessive speed or driving of the Vehicle in a manner that may cause injury or harm to a member of the
public or Damage to the Vehicle;
(ii) the Vehicle has travelled beyond a designated geographical fence; or
(iii) the Vehicle has been taken into a prohibited area of use (clause 4); or
(b) You have failed to pay the Rental Charges for a period of 14 days and clause 5.3(c) applies.
15 Personal Property Securities Act 2009 (Cth)(PPSA)
15.1 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.
15.2 Security Interest
You acknowledge that:
(a) the Rental 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.
16 Privacy
IMPORTANT NOTICE
A breach of clause 16.2(c) is a Major Breach of the Rental Contract that excludes Your entitlement to Damage
Cover and may result in the Vehicle being repossessed. See clause 14 for further details.
16.1 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 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.
(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.
16.2 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 Rental Period. When You sign the Rental
Agreement, You expressly consent to Us:
(i) using the Tracking Device on the Vehicle during the Rental Period; and
(ii) collecting, using and retaining information from the Tracking Device for the purposes referred to in
clause 16.2(a).
(c) You must not tamper with the Tracking Device or remove it from the Vehicle.
17 Definitions and interpretation
17.1 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 Rental Agreement
prior to the Start of the Rental.
Business Day means a day which is not a Saturday, Sunday, public holiday or bank holiday in the city or town in which
the Rental station is located.
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 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 8, subject to the Damage Cover Exclusions in clause 9.
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 8.5.
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.
Gazetted Road means a sealed or Unsealed Road that is regularly maintained by a local, state or statutory authority or
council, is named and appears on official maps and street directories.
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.
Longer Term Rental means a Rental Period as shown on the Rental Agreement and which is for no less than four (4)
weeks’ duration.
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 14.1.
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:
(a) 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;
(b) objects being placed on the roof of the Vehicle; or
(c) 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 5.4.
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.
Trend Car Rentals, We, Us, Our, means Belfree Pty Ltd trading as Trend Car Rentals ABN 31 623 905 288.
Underbody Damage means any damage to the Vehicle, including the chassis, transmission, electric vehicle batteries,
differential, suspension, exhaust system, fuel tank or axles, 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.
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.
17.2 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.