Terms and Conditions of Rental

All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer (‘Applicable Law’) under applicable consumer protection legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement. 

1. YOUR RENTAL CONTRACT

1.1   This Contract (Rental Contract) You have entered into with Giftech comprises the rental document for the hire of the Vehicle (Rental Agreement), vehicle condition report and these terms and conditions of rental (Terms and Conditions). When We refer to the Rental Contract We mean the Rental Agreement, vehicle condition report and the Terms and Conditions.

1.2 This Contract (Rental Contract) , in any circumstances has no early termination clause and your will be liable for the charge of the full rental term even in the event of an early return.

1.3 Failure of weekly payment may result in the vehicle being taken away by Us and/or immobilised and/or reported to relevant authorities.

1.4   The date of the Rental Contract is the date that is shown in the Rental Agreement.

1.5   These words and phrases are defined as follows:

  Accident means an unintended and unforeseen collision between the Vehicle and any other object, including another vehicle, that results in Damage or Third Party Loss.

  Administration Fee means the fee charged by Us for the administrative costs associated with Your rental.

  Additional Driver means an additional driver approved and recorded by Us, either on the Rental Agreement or by prior written agreement.

  Additional Driver Fee (ADF) means the fee charged for adding an Additional Driver to the Rental Agreement, as approved and recorded by Us.

  Assessing Fee means the fee charged to recover costs involved in having any Vehicle assessed to determine repair cost by using an external third party.

  Authorised Driver means any driver approved and recorded by Us, either on the Rental Agreement or by prior written agreement.

  Credit Card means the credit card You nominated at the Start of Rental for the debiting of charges under the Rental Contract. 

Credit Card Fee (CC Fee) means the fee payable when paying by credit card or debit card.

  Claims Handling Fee means the fee charged for handling Your claim and for making arrangements for repairs, towing and other administrative tasks associated with Damage or Third Party Loss. 

Damage means:

  1. any loss or damage to the Vehicle and Accessories (including Decals), however caused, that requires repair or replacement, subject to reasonable wear and tear;

  2. towing and salvage fees; 

  3. assessing fees; and  

  4. Loss of Use.

  Damage Recovery Fee (DRF) means the amount shown in the Rental Agreement You must pay Us in the event of Damage, theft of the Vehicle or Third Party Loss, subject to these Terms and Conditions. The Damage Recovery Fee varies depends on the type of Vehicle You hire. The amount payable is subject to GST.

Decal includes any advertising decals, stickers or painted words or images applied on the Vehicle.

Driver includes a rider of a motorcycle

Driver’s Licence includes a licence to ride a motorcycle.

Giftech means Giftech Associate Pty Ltd (ABN 88 629 443 072)

Estimated Rental Charges mean the charges We know about at the start of the Rental Agreement, based on Rental Period, the payment type You provide for Your rental, the rental rate We charge for hiring the Vehicle, the cost of hiring additional equipment, fees associated with Additional Drivers, any Loss of Use fees, and any additional fee which We apply from time to time. 

Final Inspection means the inspection carried out after We have taken possession of and fully examined and cleaned the Vehicle at the end of the Rental Period.  

Loss of Use means the fee calculated at the daily rate shown in the Rental Agreement being Our loss because the Vehicle needs repair and We are waiting for the repairs to be completed or it is a write-off or has been stolen and We are waiting for it to be replaced.

  Off Road means any area that is not a gazetted, sealed road and includes but is not limited to, Unsealed Roads, any road above the Snow Line, unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters or any other body of water, sand, deserts, rocks, fields, paddocks or grassed areas.

Rental Charges means all rental and associated charges plus GST or other taxes and levies required by law as shown in the Rental Agreement. Rental Charges may be different from the Estimated Rental Charges, if, for example, circumstances change, or if You need to pay for any Damage to the Vehicle or any property. Once all charges are known, the Estimated Rental Charges become the Rental Charges. 

  Rental Period means the period shown in the Rental Agreement or as extended by Us.

Serious Breach means a breach of any of clauses 5.3 or 7 whether or not that breach causes loss or damage. 

Single Vehicle Accident means an Accident that does not involve another vehicle, other than a parked vehicle; or if involved with another vehicle, the other vehicle or its driver has not been identified to Giftech, or at the time of incident the Giftech vehicle was driving in reverse and other motor vehicle was stationary.

Single Vehicle Accident Fee means the charge that applies to Single Vehicle Accidents as set out in the Rental Agreement.

  Snow Line means the gates leading to any of the national parks or snowfields in Australia between 1 June and 31 October, or any area where it is indicated or required that snow chains are to be fitted to the Vehicle.

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

  Third Party Loss means any loss or damage to third party property, including other motor vehicles, and any third party claim for loss of income or consequential loss.

  Unsealed Road means a road 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, components, accessories, keys, keyless start or remote control device, audio equipment and tools or any vehicle substituted by Us pursuant to the Rental Contract.

  Vehicle Registration Recovery Fee (VRRF) means the daily amount payable to Us to recover Our costs of registering and licensing the Vehicle as a rental Vehicle.

  We, Us, Our means Giftech.

  You, Your means the person, firm, company or organisation renting the Vehicle or any Authorised Driver shown in the Rental Agreement, and anyone who provides Us with a cash payment of a charge card authority in relation to a rental.

2.     RENTAL PERIOD

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

2.2  During your rental period, you must report your Vehicle’s odometer reading when requested by Us. You are also required to bring the Vehicle to service when the service is due , the service cost is incurred by us ; Failure to report Vehicle’s odometer reading and/or bringing to service when required may result in administrative charges and other charges relating to the Vehicle. 

2.3   The Vehicle must be returned to the location and on the date and by the time shown in the Rental Agreement. If You terminate Your rental and return the Vehicle earlier than the date shown in the Rental Agreement , you are still liable for the full rental amount of the total rental period.

2.4   We understand that circumstances change and that You may require the Vehicle for longer than the Rental Period. If so, Your contract will be automatically extended to a weekly basis. You may also contact Us seven days prior to the expiration of the Rental Period where We may agree or disagree to Your request to further extended your rental contract. 

2.5   If We are unable to agree to Your request You must return the vehicle by the date and time specified in the Rental Agreement. If You do not do so, You will be required to pay additional charges including Rental charges and all other fees at the time of request. 

2.6   If We are able to agree to Your request We will take payment at that time for additional charges resulting from the extension of Your rental. 

2.7   If You fail to contact Us before the expiration of the Rental Period that You require an extension, We may:

  1. terminate the Rental Contract; 

  2. recover the Vehicle by lawful means; and

  3. report the vehicle as stolen to all relevant authorities.

2.8   A ‘No Show’ or ‘Cancellation’ fee may apply if You fail to notify Us of Your intended cancellation prior to the date and time of the commencement of Your reservation.

2.9 You are to notify us at least seven days in advance before the return of your Rental Vehicle.

3.     COSTS, CHARGES AND PAYMENTS

3.1    At the Start of Rental You must provide Your Credit Card or make other acceptable payment arrangement, which We will charge to pay Your total Estimated Rental Charges on a weekly basis as shown on the front page of the Rental Agreement, except to the extent where You have opted to pay via electronic bank transfer. 

3.2 In the event of a missed payment, you will be charged an admin fee of $10 per failed charge which we will try to contact you to make the payment , in the event that you are unreachable within 5 working days, we will report the Vehicle as stolen to relevant authorities , we may also pursue legal action against you and your security bond will be held. 

3.3   In addition to 3.1, We may charge for a deposit, as security, against Your Credit Card, or take an electronic bank transfer deposit from You, which We will apply against any additional charges to which You are responsible at the end of Your Rental Period. This amount may vary depending on the type of Vehicle You hire.

3.4   When collecting the Vehicle the primary cardholder must be present, unless prior approval has been obtained and approved by Giftech. 

3.5   At every week from the start of the Rental Period to the end of the Rental Period You must pay Us:

  1. All Rental Charges payable;

  2. Any fees outstanding ;

  3. any amounts payable under clauses:

      1. 3.7 (fines, infringements, penalties and court fees);

      2. 4.1 (Damage Recovery Fee); 

      3. 4.3 (Single Vehicle Accident Fee); and

      4. 5.1 to 5.4 (inclusive) (Exclusions to Damage Cover).

3.6   At the end of the Rental Period You must pay Us:

  1. All Rental Charges payable;

  2. an excess kilometre charge if You exceed the free kilometres allowance as specified on the front page of the Rental Agreement. We will use the Vehicle’s odometer to calculate the number of excess kilometres applicable; subject to any other applicable fees and charges;

  3. all reasonable costs to return the Vehicle and additional equipment supplied to the vehicle to the same condition it was in at the Start of Rental, including but not limited to extra cleaning and subject to reasonable wear and tear; and  

  4. any amounts payable under clauses:

      1. 3.7 (fines, infringements, penalties and court fees);

      2. 4.1 (Damage Recovery Fee); 

      3. 4.3 (Single Vehicle Accident Fee); and

      4. 5.1 to 5.4 (inclusive) (Exclusions to Damage Cover).

    1. 4.5.If You extend the Rental Period from that shown in the Rental Agreement Your entitlement to free rental kilometres may change and You will be charged for extra kilometres if You exceed the free kilometres applicable to Your Rental Period and Vehicle model. We will use the vehicle’s odometer to calculate the number of excess kilometres. Any excess kilometre charge is also subject to other applicable fees and charges.

    2. 4.6.The Vehicle may be supplied with a full tank of fuel. If You do not return the Vehicle with a full tank of fuel, a refuelling charge may apply which will include labour and time cost to refuel the Vehicle. You must also pay for any fuel used for any delivery and collection service requested and provided by Us unless specified by us.

7   You are liable for and must pay:

  1. speeding and traffic fines, infringements and penalties arising from the use of the vehicle during Your Rental Period;

  2. fines, infringements and penalties arising from parking, clamping, towing, or release of the Vehicle from compounds; and

  3. legal and court fees and other costs which We incur in recovering any Rental Charges and other costs You do not pay when We require You to do so including any fees or charges imposed by a third party on Us or from a debt recovery agency and any other costs reasonably incurred by Us in enforcing Our rights under these terms and conditions, arising from sub-clauses (a) or (b).

    1. 3.8.We may supply Your details to any regulatory authority upon its request and an administrative fee may apply if We do.

    2. 3.9.If We have paid any amount for which You are liable pursuant to clauses 3.5 or 3.6 You will also be charged that amount together with an administrative fee.

    3. 3.10.All amounts payable under the Rental Contract are subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If a refund is due to You it will be credited to Your account. If any amount is due to Us You authorise Us to charge Your Credit Card with that amount, including an amount up to the Damage Recovery Fee and any amounts payable under clauses 3.4 to 3.7 (inclusive) or 5.1 to 5.4 (inclusive). These charges may be made at any time during or after the end of the Rental Period. You remain liable for any fees and charges that We are unable to charge to Your Credit Card.

    4. 3.11.If currency conversion is required for payment of amounts due to Us under the Rental Contract, We will apply the commercial exchange rate valid at the time We credit or debit Your payment account. All payments are accepted and made in Australian Dollars.

    5. 3.12.If You fail to pay Us any amount due under the Rental Contract You must also:

  1. pay Us interest on that overdue amount calculated at the rate equal to the standard business overdraft rate charged from time to time by the Commonwealth Bank of Australia starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due; and

  2. pay the 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.

4.   DAMAGE COVER AND PAYMENT FOR DAMAGE

 

We are responsible to you for providing the vehicle in a good overall and operating condition with all parts of the vehicle in genuine parts.

 

Your responsibility is to care for, use and return the vehicle in the same condition it was in at the start of the rental. 

 

We will provide a summary of any damage on the  Vehicle Condition Report (VCR) provided or found on the Rental Agreement at the start of your rental. Please check the condition on the Vehicle when you collect your it and please notify a Giftech representative and request an amendment or a new report of the Vehicle Condition Report if you have found any other damages outside of the initial VCR . You may take a time stamped photograph  before leaving the rental location and show a Giftech representative on return.

 

We will also inspect the vehicle on your return and provide a Vehicle Incident Report as well as a Vehicle Condition Report to record any new damage , internal and external , including the checking of all parts to be genuine as provided in the start of the rental. 

 

Damage 

 

We aim to deal with a damage assessment in a quick and practical way by using a 3rd party repair assessment system. The damage assessment will ensure that you are accurately charged the relevant damage cost assessment.

 

Notification and evidence of damage

We will provide you with the following documents in respect damage:

  1. i.A letter detailing damage to the Vehicle

  2. ii.Photos of the damage to the Vehicle

  3. iii.The Rental listing the date , time and return location and any pre- existing damage;

  4. iv.The final tax invoice of charges that includes the amount charged for damage to the vehicle and other fees and losses related to the damage:

  5. v.The Vehicle incident Report (VIR); and

  6. vi.A damage cost assessment from a repair shop and/or the invoice for the repairs.

 

4.1 Damage assessment and charging

 

There are three common scenarios :

 

1.  Damage – agreed on return 

For Damage agreed with you on return ,   we will take the relevant photos , create a Vehicle Incident Report (VIR) and organise a damage and assessment through a third party.

 

2.  Damage – not agreed because you are present but disagree with the damage identification

If you are not present on return , our staff will take the relevant photos of the vehicle create a Vehicle Incident Report (VIR) and organise a damage cost assessment through a third party.

 

3.  Significant Damage

If the damage is significant we will create  a Vehicle Incident Report (VIR) , refer it to our damage assessors for evaluation and organise a cost assessment.

 

 

 

 

4.1   If there is Damage, theft of the Vehicle or Third Party Loss for each separate Accident or theft and you have taken up the insurance option, You must pay up to the Damage Recovery Fee shown in the Rental Agreement, this included the tampering of any Vehicle parts.

4.2  If You are involved in a Single Vehicle Accident, a Single Vehicle Accident Fee may apply in addition to any Damage Recovery Fee, for each separate incident.

4.3 You may not be liable for the Damage Recovery Fee shown in the Rental Agreement for a claim if acting reasonably We agree that You were not at fault and:

  1. You are ordinarily an Australian resident;

  2. You hold an Australian Drivers Licence;

  3. You have fully completed Our Incident Report Form with:

      1. the name, residential address, contact phone and licence number of any person involved (Third Party);

      2. the registration numbers of all vehicles involved;

      3. an accurate written and diagrammatic description of the Accident and location; 

      4. the names of attending police officers and the stations at which they are based;

  1. 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 the insurer will agree to pay Us for the Damage; and

  2. You cooperate fully with Us and Our insurer.

 

4.4     We will charge your Card with the amount set out in the final tax invoice that we have sent to you within 30 days of the date you returned the vehicle. If we have charged your Card with an estimated amount or the applicable excess, and the amount of the final invoice is less than the amount charged, we will reimburse you for the difference. 

 

4.5  If you have not been offered or have not taken up insurance via Giftech, You should consider obtaining Your own separate insurance to reduce Your exposure to liability for damage and loss.

 

Damage disputes

 

Damage claims are unique and resolution time frames for each claim varies a as we are required to liaise with outside parties and arrange for the repair of vehicles.

 

If you wish to dispute our assessment of damage , please contact our  Gifleet Team on:

Email admin@gifleet.com.au with Damage Disputes as the subject

 

 

 

Damage or Loss per incident

Responsibility:

• If the vehicle is lost, stolen or damaged during the rental (eg. involved in an accident), you are responsible even if it was not your fault (eg. other driver's fault) except, and to the extent that:

 

◦ the loss or damage is directly due to our negligence or wilful default including our failure to properly maintain the vehicle; or

◦ the damage or loss was caused by a third party and you have provided sufficient details about the third party and/or their insurer for us to recover the loss or damage from the third party and/or their insurer.  We may charge you the estimated damages or your applicable excess (whichever is less) and once the loss or damage is recovered, we will refund you; or

◦ the damages comprise of personal injuries covered by compulsory third party insurance or a statutory transport accident compensation scheme.

 

Incident Damages:

 

If the vehicle is lost, stolen or damaged, you are responsible for:

◦ the loss or damage to the vehicle;

◦ the Management Fee and External Damage Assessment Fee;

◦ any towing and storage charges;

◦ loss of rental income; and

◦ other losses or expenses related to the incident,

 

 

 

5. EXCLUSIONS TO DAMAGE COVER

5.1 You have no cover if you have not taken up the insurance option or if there is a Serious Breach of the Rental Contract even the Damage Reduction Fee and Single Vehicle Accident Fee have been paid.

5.2 You have no cover for Damage to the Vehicle’s wheels or tyres.

5.3   Even if You pay the Damage recovery Fee You have no cover, for:

  1. Damage or Third Party Loss caused by the use of the Vehicle in any area prohibited by the Rental Contract;

  2. Damage or Third Party Loss caused by the use of the Vehicle ;

  3. Damage, or Third Party Loss caused deliberately or recklessly by You, any unauthorised driver, or any passenger of the Vehicle;

  4. Damage caused by total or partial inundation, intrusion or immersion of the Vehicle in water or exposure of the Vehicle to salt water, including that which occurs whilst the Vehicle is being transported;

  5. Damage caused by use of the incorrect fuel type;

  6. Damage or Third Party Loss caused or contributed to by You where You leave the scene of the Accident prior to the attendance of the police or reporting the Accident to the police;

  7. Damage caused by Your failure to observe any warning indicators that may appear in the Vehicle. If You are unsure as to what a warning indicator is telling You to do, You must contact Us as soon as possible for advice on further action;

  8. Damage caused as a result of You attaching any equipment to the Vehicle, or using that equipment; or

  9. Damage or Loss caused as a result of unauthorised towing, vehicle repairs or modifications, carried out without prior approval and consent of Giftech.

5.4  Unless otherwise advised by Us in writing, there is also no cover for:

  1. the full cost of replacing or repairing any accessories, equipment or specialised equipment supplied by Us;

  2. property owned by You or any passenger that is stolen from the Vehicle, lost or damaged during the Rental Period or left in or on the Vehicle after the Vehicle is returned to Us;

  3. loss or damage to Your property, the property of a member of Your immediate family or of an entity related to You, that arises from the use of the Vehicle; 

  4. Damage, theft of the Vehicle or Third Party Loss if Your Rental Contract is for Customer Own Insurance;

  5. towing costs if the Vehicle needs to be towed because of something that You or an Authorised Additional Driver has  done or caused to be done to the Vehicle that requires the Vehicle to be towed;

  6. damage caused as a result of Your failure to promptly clean any component of the Vehicle of mud, dirt and dust, when using the Vehicle; 

  7. damage or loss caused to the vehicle due to hail

6. INDEMNITY

You fully indemnify Us for:

  1. Any Damage and Third Party Loss arising from the use of the Vehicle and any loss We may incur arising from the theft of the Vehicle;

  2. Any Damage or loss for which our insurer denies a claim or where there is an excess payable, for the excess;

  3. any demand, claim, including a claim for legal costs, action or proceeding made, commenced or issued by or against You arising therefrom; and

  4. any Serious Breach.

7.  YOUR RESPONSIBILITIES

7.1  The Vehicle must only be driven by You. We may also approve Additional Drivers as specified on the Rental Agreement and the Additional Driver Fee will apply for each additional driver approved.

7.2  You must:

  1. be no less than 18 years of age and a maximum age of 75 (unless otherwise specified by Us); and

  2. hold a full, current, valid, unrestricted driving license for the Rental Period valid and appropriate for the class of Vehicle, that shows Your current residential address and which is written in English, an Australian, New Zealand or an international licence translated into English, or an international drivers permit. 

7.3 You must also:

  1. allow Us to inspect the documents in 7.2(b) at any time during the Rental Period; and

  2. fully inspect the Vehicle at the Start of Rental to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement and Vehicle Details and Condition Report, and all equipment hired is present. If there is any discrepancy You must notify Us prior to accepting possession of the Vehicle.

7.4  During the Rental Period You must:

  1. Take all reasonable care of the Vehicle:

      1. to prevent Damage, theft of the Vehicle and Third Party Loss;

      2. to ensure that the Vehicle is not overloaded by the number of persons or by the weight of goods carried;

      3. by using any security device fitted to or supplied with the Vehicle; and

      4. by taking steps to protect the Vehicle against inclement weather such as by garaging the Vehicle to prevent Damage caused by hail;

      5. by taking steps to prevent damage as a result of loading or unloading the Vehicle, ensuring any load is secured, and all applicable legislation for vehicle loading and transportation of goods is followed

  1. keep the Vehicle locked and secure and the keys under Your personal control at all times and You must be able to produce those keys and device in the event of a theft of the Vehicle;

  2. maintain the Vehicle’s engine and brake oils, engine coolant levels and tyre pressures;

  3. ensure You use the correct fuel type; and

  4. operate the vehicle, and any additional equipment in line with the operating manual.

  5. Inform Us of the current odometer reading of the vehicle when requested.

  6. Take the Vehicle to service when required by Us.

7.5 During the Rental Period You must also:

  1. comply with all safety laws including the use of a helmet; 

  2. Ensure weekly payment Is made on time ; 

  3. not permit any child to ride or be carried as a passenger;

  4. return the Vehicle and any accessories, equipment or specialised equipment supplied by Us in the same condition as at the Start of Rental, subject to reasonable wear and tear;

  5. adhere to any mileage instructions displayed in the Vehicle or set by Us; 

  6. observe any warning indicators that may appear in the vehicle. If You are not sure what an indicator is telling You to do, You must contact Us as soon as possible for advice;

  7. immediately upon request provide Us and any regulatory authority Your full and accurate information relating to the use of the Vehicle during the Rental Period;

  8. You must notify Us as soon as possible, and no later than 12 hours after an accident or incident (unless there are circumstances under which it is impractical or impossible for You to advise Us within 12 hours, and You can produce documented evidence of those circumstances on Our request), of any damage or loss that has and providing full details to Us by completing an Incident Report Form, which We will supply to You;

  9. in the event of any incident or accident, notify the police if required under relevant legislation; and

  10. remain in contact with Us for the purpose of providing assistance with the investigation of any incidents or accidents, including attendance of any court proceedings related to the Rental Contract as reasonably requested by Us, until We notify You that Your assistance is no longer required.

7.6  You must not:

  1. use the Vehicle when it is unsafe;

  2. drive the Vehicle whilst under the influence of alcohol or drugs or have a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit in the state or territory in which the Vehicle is driven;

  3. fail or refuse to undergo any breath, blood, oral fluid or urine test or drug impairment assessment in the state or territory in which the Vehicle is driven;

  4. drive the Vehicle whilst Your driving licence is subject to any restriction or condition;

  5. commit:

      1. any wilful, deliberate or criminal act, including an act of driver abuse; or

      2. an act of connivance with any person acting for You or on Your behalf, that causes Damage or Third Party Loss;

  1. drive the Vehicle dangerously or recklessly;

  2. use the Vehicle for off-roading, reliability trials, a race, rally or contest, speed testing, driving instruction, to propel or tow another vehicle, or in violation of any legislation, order or regulation affecting the use, loading or condition of the Vehicle;

  3. use the Vehicle for any illegal purpose or in a manner which would result in a criminal offence;

  4. sell, lend, rent, part with possession or dispose of the Vehicle; 

  5. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009;

  6. provide Us with information You know to be false or misleading, or knowingly fail to give Us all the relevant information You have when assisting Us with investigations pertaining to any incident or accident, or any court proceedings related to the Rental Agreement;

  7. use the vehicle for carrying any illegal, illicit or dangerous goods or substances, any flammable items or toxic substances; or

  8. (m)use the Vehicle in any manner in which it may become subject to the risk of impounding or confiscation.

 7.7 You must not:

  1. use a mobile phone, GPS unit or other handheld device whilst the Vehicle is in motion or stationary but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used;

  2. leave the keys to the Vehicle, with it whilst it is unattended or unoccupied by You or any passenger;

  3. leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator, except if Your health or safety would otherwise be endangered;

  4. modify, tamper with, or repair the Vehicle in any way;

  5. use the Vehicle for the transport of passengers or property for hire, fare or reward; 

  6. use the Vehicle for transporting any animals, unless specifically approved by Us;

  7. transport the Vehicle on a ferry or ship or other watercraft without Our permission. Even if We grant You permission however, You have no cover for costs incurred for damage or loss of the vehicle or any equipment, together with the cost of any damage You cause to other property whilst the Vehicle is being transported; or

  8. allow the Vehicle to be towed without Our permission.

    1. You must not take the Vehicle:

  1. Off Road;

  2. through any river, stream, creek or tidal crossing;

  3. through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the Vehicle unsafe;

  4. on any road where the police or any government or statutory authority has issued a warning, caution or which has been closed;

  5. onto any road or region where We have notified You that the use of the Vehicle is prohibited;

  1. out of the state or territory in which the Vehicle is rented.

7.10 You must not damage, tamper with, remove or deface any Decal or cause any Decal to be obstructed from view, other than in the usual course of driving the Vehicle.

7.11 You must ensure that the Decals are clean and free of foreign substances at all times.

8. OUR RESPONSIBILITIES

8.1  When You make a reservation with Us We will provide a Vehicle and any additional equipment requested (subject to availability), that is of acceptable quality and in good working order for the Rental Period.

8.2  If the Vehicle breaks down during the Rental Period because of Our negligence We will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired We will use Our best endeavours to provide a replacement Vehicle of an equivalent size and standard to the previous Vehicle for the remainder of the Rental Period. 

8.3  If You return the Vehicle outside of Giftech operating hours or at a place which is not the location stated on the Rental Agreement, You are responsible for damage to the Vehicle that may occur, for any reason, until the next business day when We have had an opportunity to inspect the Vehicle.

8.4  If it is not possible to conduct an inspection of the Vehicle with You at the end of the Rental Period We will use Our best endeavours to confirm the condition of the Vehicle with You within 4 working hours of the Final Inspection.

8.5  Unless We are negligent or as required by law, We will not be responsible for any loss (including loss of profits), damage, costs or expenses which You incur, or death or personal injury to You or any other person, as a result of Your rental.

8.6   We are only responsible for any direct loss that You suffer as a result of Our breach of the Rental Contract. We are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss.

9.  ROADSIDE ASSISTANCE, BREAKDOWN, ACCIDENT AND REPAIR

9.1   Free roadside assistance is provided for inherent mechanical faults in the Vehicle but fees and charges apply for all other faults or driver induced errors. Generally, these fees and charges apply to faults and driver induced errors such as:

  1. a flat battery (and not due to mechanical fault);

  2. lost keys;

  3. changing a wheel as the result of a flat tyre; or

  4. running out of fuel or use of  incorrect fuel type.

9.2 You must not let anyone work on the Vehicle or arrange or undertake any repairs to the Vehicle or towing or salvage of it unless We have given You Our prior authority. 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. Any entitlement to reimbursement is subject to there being no Serious Breach of the Rental Contract. There is no cover for any damage or loss caused to the vehicle as a result of unauthorised towing, salvage, or repair to the Vehicle.

    1. 4.3.You must immediately report any Accident or theft of the Vehicle to Us and complete all other documentation that We require. You must forward any third party correspondence or court documents to Us within 7 days of receipt.

    1. If You have an Accident in which:

  1. a person is injured;

  2. the other party failed to stop or exchange details;

  3. the Vehicle or any other vehicle is towed; or

  4. a driver appears to be under the influence of alcohol or drugs, a report must also be made to the police immediately.

    1. If the Vehicle is stolen a report must be made to the police immediately once the theft is discovered.

    2. 4.10.If You have an Accident You must also:

  1. make the Vehicle secure;

  2. get the names and addresses of all persons involved, including witnesses;

  3. supply Us with any information concerning the driver of the Vehicle and You must allow Us direct access to the driver of the Vehicle and You must fully cooperate in allowing Us to gain such access;

  4. not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability; unless We have given You written consent;

  5. permit and assist Us to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyer’s office and/or court; and

  6. allow Us to claim in Your name under any applicable substitute vehicle insurance, and do everything that may be required to assist Us in making such a claim.

10. END OF THE RENTAL CONTRACT

10.1 At the end of the Rental Period, in addition to Your obligations under clause 3.4, You must return the Vehicle to Us:

  1. to the location specified in the Rental Agreement unless specified by us;

  2. in the same condition it was in at the Start of Rental, subject to reasonable wear and tear; and

  3. at the date and time set in the Rental Agreement.

10.2 We allow You a grace period of 59 minutes for the return of the Vehicle but if it is returned to Us more than 59 minutes after the time set for its return in the Rental Agreement We will charge You as follows:

  1. If You are one hour or more late, but less than two hours late, We will charge You for one third of the applicable rental rate specified in the Rental Agreement. 

  2. If You are two hours or more late, but less than three hours late, We will charge You for two thirds of the applicable rental rate specified in the Rental Agreement

  3. If You are three hours or more late, We will charge You for an additional day (or days if relevant) at the rental rate specified in the Rental Agreement. 

  4. In addition to 10.2 (a) – (c) inclusive, If You are one hour or more late, We will charge You for an additional day (or days if relevant) at the rate specified in the Rental Agreement for VRRF, additional equipment You have hired, and any other daily surcharges for each additional day (or days if relevant) by which You are late; 

    1. If the Rental Contract has not been extended by Us and the Vehicle is returned to Us more than 24 hours after the time set for its return in the Rental Agreement there is no Damage cover so that You are liable for Damage and Third Party Loss and any repossession charges or costs We incur in this default period.

    2. If You return the Vehicle to a location other than that shown in the Rental Agreement, or when We closed, or any place:

(a) a one way fee may apply; and  

(b)  You are liable for and must pay:

    1. for Damage and Third Party Loss; and

    2. the Rental Charges, until the Final Inspection has been conducted in accordance with clause 8.4.

10.5 If a deposit has been prepaid to Us it is fully refundable to You provided that at the end of the Rental Period:

  1. all amounts due to Us under the Rental Contract have been paid;

  2. the Vehicle has been returned to the location stated on the Rental Agreement at the date and time set in the Rental Agreement;

  3. there is no Damage or Third Party Loss;

  4. the interior and exterior are clean;

  5. the Vehicle has been refuelled to the level specified in the Rental Agreement; or

  6. there has not been a Serious Breach of the Rental Contract.

  We reserve the right to retain all or part of a deposit if there is a breach of any of these conditions.

11. TERMINATION OF THE RENTAL CONTRACT

11.1 We may terminate the Rental Contract and take immediate possession of the Vehicle if You commit:

  1. a Serious Breach of the Rental Contract; or

  2. a reckless breach of road or traffic legislation.

11.2 If the Rental Contract is terminated by Us pursuant to clause 11.1:  

(a)  You must pay for:

      1. Damage to Vehicle or any equipment supplied with the Vehicle;

      2. loss of the Vehicle or equipment as a result of theft;

      3. Third Party Loss;

      4. storage, repossession and recovery fees;

      5. fees for the release of the Vehicle from compounds;

      6. roadside assistance;

      7. administrative and legal costs of recovery; 

      8. (viii)the Rental Charges; and

      9. compensation for loss of use as a result of Vehicle recovery and/or Damage;

  1. it will not affect Our right to receive any money We are owed under the Rental Contract; and

  2. You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing damage.

12. APPLICABLE LAW

12.1 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 that law or any other Federal, State or Territory legislation.

12.2 The laws of the State of Victoria govern the Rental Contract, and the parties agree to submit to the exclusive jurisdiction of the Courts of that State.

12.3 To the extent permitted by law, Our liability pursuant to any relevant Australian law is limited at Our option to the replacement, repair, or re-supply of the vehicle for the remaining term of Your rental or reimbursement of Your Rental Charges.

12.4 Nothing is this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Law Act 2010 except to the extent permitted by these Acts where applicable.

12.5 To the extent permitted by law, Giftech excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Giftech is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), Giftech’s liability is limited (to the extent permitted by law) at its option to the following:

(a) in the case of goods supplied or offered by it:

(i) to the supply of those goods again; or

(ii) to the payment of the cost of having those goods supplied again; or

(b) in the case of services supplied or offered by it:

(i) to the supply of the services again; or

(ii) to the payment of the cost of having services supplied again.

13. DISPUTE RESOLUTION

13.1 If You believe there has been an error in Your account or if You have any complaint, We will attempt to resolve the matter.

13.2 If we are unable to resolve the matter within 30 days, then:

(a) The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation. 

(b) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (the Guidelines), and will take place in MELBOURNE, VICTORIA.   

(c) The terms of the Guidelines are hereby deemed incorporated into this agreement.   

(d) This clause shall survive termination of this agreement.

14. PRIVACY POLICY

14.1The terms of Our Privacy Policy form part of these terms and conditions. Our Privacy Policy sets out how We collect, use, store and disclose Your personal information.

14.2 If We do not collect Personal Information from You, We will not be able to rent You a Vehicle and if any of the Personal Information You provide is incomplete or inaccurate, the quality of Our services may be compromised.

14.3 By entering into the Rental Contract with Us and by providing Us with personal information, You represent to Us and We proceed on the basis that You have read and agree to the terms of Our Privacy Policy.

14.4 We may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the Vehicle to be tracked or located. By hiring a Giftech Vehicle You expressly consent to Us using a GPS Device on the Vehicle during the Rental Period and collecting, using and retaining information from the GPS Device. Further information is available in Our Privacy Policy.

14.5 If You default in the payment of any moneys owed to Us under clause 3.4, 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.

14.6 You can contact Us at 170 Montague Street, South Melbourne if You do not want to receive marketing communications from Us.

15. GENERAL

15.1 We may register Our interest under this Rental Agreement on the Personal Properties Securities Register. You agree, to the extent permitted by law, that We do not need to notify You if We make, or change, such a registration. 

15.2 You must not remove any vinyl / sticker placed on the scooter.

15.3 You must have “ Giffi Instant Delivery “Delivery bag placed on the scooter at all times.

15.4 Each time You rent a vehicle from Giftech, You agree to bound by the Rental Contract which may be updated and sent to you via email.

15.5 Tolls - Tolls and associated administration fees are not included

15.6 Fuel - Fuel is not included

 15.7 Infringements - Speeding fines, parking fines and other infringements will be on-charged to the customer

15.8 The contract is automatically renewed and extended weekly if it has surpassed the return date. 

15.9 This Contract (Rental Contract) , in any circumstances has no early termination clause and your will be liable for the charge of the full rental term even in the event of an early return.

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Gifleet 2019

170 Montague Street , South Melbourne

RENTAL POLICY