Terms & Conditions
This is an agreement between You, the renter named on the rental agreement and City Centre Car Rentals (CityCar) for the rental of the vehicle (or replacement vehicle) described on the Rental Agreement, all tools and accessories included. “The rental period” shall refer to the period described as the rental start date/ time to the expected return date/ time on Rental Agreement.
1. Introduction
1.1 Rental Contract
Your contract to hire a Vehicle from City Center Car Rentals (“Rental Contract”) consists of:
(a) the Rental Agreement that You have signed to hire the Vehicle; and
(b) these Terms and Conditions.
Together, these documents form a legally binding and enforceable agreement between You and City Center Car Rentals.
1.2 Jurisdiction
The Rental Contract is governed by the laws of Western Australia. You agree that the courts of Western Australia will have non-exclusive jurisdiction to resolve any disputes that may arise between You and Us in connection with this Rental Contract.
1.3 Australian Consumer Law
Nothing in this Rental Contract excludes, restricts, or modifies any rights, guarantees, or remedies You may have under the Australian Consumer Law or any other applicable Federal, State, or Territory legislation. These rights are in addition to those set out in this Rental Contract.
1.4 Electronic signatures
We may accept electronic signatures as a valid method for entering into the Rental Contract. By providing Your electronic signature, You consent to the use of this form of acknowledgment and confirm Your acceptance of these Terms and Conditions, as well as Your obligations under the Rental Contract.
2. Who may drive the Vehicle ?
⚠️ IMPORTANT NOTICE
A breach of any part of this clause 2 constitutes a Major Breach of the Rental Contract. For further details, please refer to clause 11
2.1 Authorised Drivers
(a) Only You or an Authorised Driver — each of whom must fully comply with the requirements set out in this clause 2 are permitted to drive the Vehicle.
(b) Permitting any person who is not an Authorised Driver to operate the Vehicle constitutes a Major Breach of the Rental Contract. In such circumstances, You and any Authorised Driver will forfeit all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.
2.2 Age limits
(a) You and any Authorised Driver must be at least 21 years old and no older than 75 years of age, and must hold a valid driver’s licence with a minimum of 12 months driving experience. Any variation to these requirements must be approved by Us in writing prior to the Start of the Rental and clearly stated in the Rental Agreement.
(b) An additional surcharge applies to drivers aged between 21 and 24 years inclusive.
2.3 Licence requirements
(a) You and any Authorised Driver must hold a current and valid driver’s licence that:
(i) is issued by an Australian state or territory, or is an international licence accompanied by a valid International Driving Permit or an approved English translation if the licence is not in English;
(ii) is appropriate for the class of the Vehicle being hired; and
(iii) is free from any restrictions or conditions that would affect your ability to legally drive the Vehicle.
(b) Learner drivers, as well as provisional or probationary licence holders, are not permitted to drive the Vehicle under any circumstances.
2.4 Cancelled and suspended licences
You and any Authorised Driver must not drive the Vehicle if Your licence, or that of any Authorised Driver:
(a) is currently cancelled or suspended, including due to an accumulation of demerit points; or
(b) has been cancelled or suspended within the three (3) years prior to the date of the Rental Agreement.
2.5 False information
You and any Authorised Driver must not drive the Vehicle if You have provided false or misleading information regarding Your name, age, address, or driver’s licence details.
3. Prohibited
⚠️ IMPORTANT NOTICE
A breach of any provision in this clause 3 constitutes a Major Breach of the Rental Contract. Please refer to clause 11 for further details regarding the consequences of a Major Breach.
3.1 Prohibited Use
The Vehicle must not be driven by You or any Authorised Driver:
(a) while under the influence of alcohol or drugs, or with a blood alcohol concentration or the presence of drugs in blood, urine, or oral fluid that exceeds the legal limit;
(b) in a reckless or dangerous manner; or
(c) if the Vehicle is damaged, unroadworthy, or otherwise unsafe to drive.
3.2 Prohibited Conduct
You and any Authorised Driver must not:
(a) refuse or fail to undergo any breath, blood, urine, or oral fluid test, or drug impairment assessment when lawfully required to do so;
(b) use the Vehicle:
(i) for any unlawful or illegal purpose;
(ii) to transport dangerous, hazardous, biohazardous, infectious, or inflammable goods, or substances that may pollute or contaminate, in quantities exceeding those reasonably required for domestic use;
(iii) to tow or propel another vehicle, trailer, or boat;
(iv) to carry or transport illegal drugs, substances, or contraband; or
(v) for any motor trade purposes, including experiments, testing, trials, or demonstrations;
(c) use a mobile phone:
(i) to make or receive calls, use audio functions, or operate navigation, unless the Vehicle is stationary, the phone is securely mounted, and its use does not require manual operation; or
(ii) to send or view text messages, video messages, emails, or similar communications, unless the Vehicle is parked.
3.3 Prohibited Acts
You and any Authorised Driver must not:
(a) deliberately or recklessly damage the Vehicle, or allow anyone else to do so;
(b) modify or alter the Vehicle in any way;
(c) sell, rent, lease, or otherwise dispose of the Vehicle; or
(d) register, or claim any right to register, an interest in the Vehicle under the Personal Property Securities Act 2009 (Cth).
3.4 You and any Authorised Driver must not use the Vehicle to carry:
(a) passengers for hire, fare or reward or for rideshare purposes;
(b) more than the number of passengers for which the Vehicle is licenced; or
(c) 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 provision of this clause 4 constitutes a Major Breach of the Rental Contract. Refer to clause 11 for further information on the consequences of a Major Breach.
4.1 Restricted Driving Conditions
The Vehicle must not be driven:
(a) on any Unsealed Road;
(b) Off Road; or
(c) in any area affected by, or likely to be affected by, snowfall.
4.2 Prohibited Areas of Use
The Vehicle must not be used in any area prohibited by Us. Prohibited areas include, but are not limited to:
(a) roads that are flooded or known to be prone to flooding;
(b) beaches, sand dunes, streams, rivers, creeks, dams, floodwaters, or any area exposed to saltwater;
(c) roads subject to warnings issued by police or other authorities;
(d) roads that are officially closed; and
(e) any road or area where it would be unsafe to operate the Vehicle.
4.3 Permitted Travel Zones
The Vehicle must not be driven or used outside the area marked in green in the Annexure to these Terms and Conditions (Permitted Travel Zone), unless the Remote Area option has been purchased at an additional cost. If this option is selected, the Vehicle may also be driven or used within the area marked in yellow in the Annexure (Remote Area).
4.4 No Travel Zone
The Vehicle must never be driven or taken into the No Travel Zone as indicated in the Annexure to these Terms and Conditions.
5. Your obligations
⚠️ IMPORTANT NOTICE
A breach of any of sub-clauses 5.5, 5.6, 5.7, 5.8, or 5.10 constitutes a Major Breach of the Rental Contract. Please refer to clause 11 for further details.
5.1 Start of the Rental
(a) At the Start of the Rental, and prior to collecting the Vehicle, You must:
(i) present Your valid driver’s licence and those of any Authorised Drivers, and permit Us to make and retain copies of the licences;
(ii) present Your passport if You are not an Australian citizen;
(iii) conduct a full inspection of the Vehicle to verify its condition and any existing damage, which must be accurately recorded in the Rental Agreement. You must notify Us of any discrepancies before leaving the Rental Station;
(iv) pay the anticipated Rental Charges; and
(v) pay the Security Bond — $1,100.00 if paying by debit card, or $500.00 if paying by credit card.
(b) The driver’s licence and the credit or debit card presented at the Start of the Rental must be in the same name, as We do not permit use of a credit or bank card belonging to another person.
5.2 Security Bond
The Security Bond will be retained by Us as security for the performance of Your obligations and liabilities under the Rental Contract. It is fully refundable to You within ten (10) business days after the End of the Rental, provided that:
(a) all amounts due under the Rental Contract have been paid, including toll road charges and refuelling costs;
(b) the Vehicle is returned to the Rental Station on the date and at the time specified in the Rental Agreement;
(c) there is no Damage to the Vehicle beyond reasonable wear and tear, and no Third Party Loss;
(d) the Vehicle’s exterior and interior are clean;
(e) the Vehicle has a full tank of fuel; and
(f) there has been no Major Breach of the Rental Contract.
We reserve the right to retain all or part of the Security Bond if any of these conditions are not met.
5.3 During Your Rental
(a) You must:
(i) inspect the Vehicle daily for oil, water, and fuel leaks, Damage, and check tyre pressure;
(ii) adhere to any mileage limits or instructions displayed in the Vehicle or set by the Rental Station;
(iii) return the Vehicle and any accessories supplied by Us — including but not limited to child restraints and GPS units — in the same condition as at the Start of the Rental, subject to reasonable wear and tear; and
(iv) immediately upon request, provide Us and any regulatory or enforcement authority with Your full, accurate, and up-to-date information relating to the use of the Vehicle during the Rental Period.
(b) You must take all reasonable care of the Vehicle by:
(i) preventing Damage, theft of the Vehicle, and Third Party Loss;
(ii) ensuring the Vehicle is not overloaded by passengers or by the weight of goods carried;
(iii) using any security devices fitted to or supplied with the Vehicle; and
(iv) protecting the Vehicle against inclement weather (e.g., closing the sunroof or convertible roof to prevent rain entry) and, where practicable, garaging the Vehicle to prevent Damage caused by hail.
(c) You must not:
(i) use the Vehicle to transport pets or animals, except assistance animals, unless specifically approved by Us;
(ii) smoke in the Vehicle (including the use of e-cigarettes), and must take reasonable steps to prevent passengers from smoking. Smoking in vehicles with passengers under 18 years of age is an offence in some Australian states;
(iii) use the Vehicle to move infectious, biohazardous, or biomedical waste, unless specifically approved by Us;
(iv) drive the Vehicle if Your driver’s licence is cancelled, suspended, or subject to any restriction or condition;
(v) commit any wilful, deliberate, or criminal act, including driver abuse or collusion with any person acting for You or on Your behalf, causing Damage or Third Party Loss;
(vi) drive the Vehicle dangerously or recklessly; or
(vii) use the Vehicle for off-roading, reliability trials, races, rallies, contests, speed testing, driving instruction, to tow or propel another vehicle, or in violation of any legislation, order, or regulation affecting its use, loading, or condition.
(d) Additional charges for cleaning, disinfection, and deodorising will apply where necessary.
5.4 Seat Belts and Restraints
You must comply with all mandatory laws relating to:
(a) seat belts, including that fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and
(b) child restraints, ensuring that for all children under seven years of age, the restraint is correctly fitted according to the child’s weight and age, and properly adjusted and fastened.
5.5 Vehicle to Be Locked and Keys Kept in Your Possession
You and any Authorised Driver must ensure the Vehicle is locked whenever it is not in use or is unattended. The keys or remote control device must be kept in Your possession, or that of any Authorised Driver, at all times and must never be left in the ignition when the Vehicle is unattended.
5.6 Reasonable Care
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing any Damage to the Vehicle;
(b) ensuring the Vehicle is protected from adverse weather conditions;
(c) properly securing all goods, property, or equipment carried in the Vehicle;
(d) maintaining appropriate engine oil, brake oil, coolant levels, and tyre pressures;
(e) using the correct type of fuel; and
(f) ensuring the Vehicle is not overloaded.
5.7 Notification of Vehicle Fault
You must inform Us immediately if:
(a) any warning light or fault message appears on the Vehicle’s dashboard;
(b) You notice low levels of engine oil, brake oil, or engine coolant; or
(c) the Vehicle develops any fault during the Rental Period.
Failure to notify Us promptly and continuing to use the Vehicle may result in You being responsible for any Damage or Third Party Loss.
5.8 Repair Without Authority Prohibited
You must not allow anyone to repair, work on, tow, or salvage the Vehicle without Our prior written consent.
5.9 Repair With Authority
If We have given You prior written authority to repair the Vehicle, You must keep and provide Us with the original tax invoices and receipts for any repairs, towing, or salvage. Reimbursement will only be made for expenses authorised by Us. Any entitlement to reimbursement is conditional upon there being no Major Breach of the Rental Contract.
5.10 Staying with the Vehicle After an Accident
You must not leave the Vehicle unattended following an Accident until a tow or salvage operator arrives.
6. Rental Period, costs and charges
6.1 Your Rental
Your rental of the Vehicle from Us is for the Rental Period and at the rental rate specified in the Rental Agreement.
6.2 Extending the Rental Period
(a) We understand that circumstances may change and You might need the Vehicle beyond the Rental Period. If so, You must notify Us at least 24 hours before the Rental Period expires.
(b) If You fail to notify Us at least 24 hours before the Rental Period ends and do not return the Vehicle at the scheduled date and time in the Rental Agreement, We may:
(i) terminate the Rental Contract; and
(ii) if the Vehicle’s location is known, recover it by lawful means, or if unknown, after reasonable attempts to contact You, report the Vehicle as stolen to the Police.
6.3 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.
6.4 Fines and Infringements
(a) You and any Authorised Driver are responsible for the payment of all tolls, speeding fines, traffic infringements, parking fines, and any other penalties incurred during the Rental Period. This includes any charges related to the use or release of the Vehicle if it is seized, impounded, or otherwise detained by a regulatory authority.
(b) An administrative fee of $60.00 plus GST applies per infringement if We are required to nominate You as the responsible driver for any unpaid toll, fine, or infringement.
6.5 Daily Kilometers Limit
A daily kilometer limit of 100 kilometers applies unless We have provided prior written approval to waive this limit, which will be noted in the Rental Agreement. For each day that You exceed the daily limit (calculated over the Rental Period), You will incur an additional fee for each excess kilometre, as specified in the Rental Agreement.
6.6 Return of the Vehicle
(a) You must return the Vehicle:
(i) to the Rental Station;
(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 as 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 refueling charge of $65 (including GST) plus the cost of 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 $25 per hour up to one full day’s rental, and a further full day’s rental at the standard rate for each additional 24-hour period or part thereof until the Vehicle is returned; or
(iv) at any time outside Our normal business hours, You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business, unless We have agreed to an after-hours drop-off and this is noted in the Rental Agreement.
6.7 Post Rental Inspection Procedure
(a) We will take reasonable steps to conduct a post rental inspection in Your presence; and
(b) If You choose not to wait for the full inspection, We will use reasonable endeavours to complete the inspection within four (4) business hours. Should any Damage be detected, We will notify You as soon as reasonably practicable.
6.8 End of the Rental
At the End of the Rental, You must pay:
(a) the balance of the Rental Charges, including any fees for excess kilometres (if applicable);
(b) the Damage Excess if there is Damage or Third Party Loss resulting from an Accident or if the Vehicle is stolen;
(c) any costs We incur, including but not limited to:
(i) refuelling costs; and
(ii) additional cleaning costs;
(d) all costs for Damage arising from a Major Breach of the Rental Contract;
(e) all costs for Overhead Damage;
(f) all costs for Underbody Damage; and
(g) all costs for any Damage caused by immersion of the Vehicle in water.
6.9 Credit Card Authority
Subject to these Terms and Conditions, if any amount is due to Us or remains unpaid at the End of the Rental, including but not limited to:
(a) Rental Charges;
(b) tolls;
(c) speeding and traffic fines or infringements;
(d) parking fines or related charges;
(e) extra cleaning costs;
(f) refuelling costs;
(g) roadside assistance fees; or
(h) the Damage Excess,
You authorise Us to debit Your credit card for the applicable amount within a reasonable time after the End of the Rental.
6.10 Default in Payment
If You default in the payment of any amount owed to Us under the Rental Contract:
(a) You must pay Us interest on the overdue amount at a rate of 10% per annum, calculated from the date seven (7) days after the amount became due until the date full payment is made;
(b) We may engage a mercantile agent or debt collection agency to recover the outstanding amount, and You will be liable for all reasonable costs and expenses incurred by Us in the recovery process, including agency fees, commissions, and legal costs on a solicitor-client basis; and
(c) You authorise Us to:
-
disclose information regarding the default to a credit reporting body; and
-
obtain an updated consumer credit report on You.
Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act 1988 (Cth), including for the purpose of creating or maintaining a credit information file containing details of the default (including any amount outstanding for more than 60 days) and the debt owed to Us.
7. Damage Cover
7.1 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, theft of the Vehicle, and Third Party Loss. However, You must pay up to the amount of the Damage Excess specified in the Rental Agreement for each Accident or theft incident, unless all of the following conditions are met:
(i) We are satisfied that You were not at fault; and
(ii) The other party involved was insured and their insurance provider accepts full liability for the incident.
7.2 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.
7.3 Younger Age Additional Damage Excess
An additional Damage Excess applies if You or any Authorised Driver is between 21 and 24 years of age. This additional amount is payable on top of the standard Damage Excess and is specified in the Rental Agreement.
7.4 Claims Administration Fee
In the event of any Accident, attempted theft, or theft of the Vehicle, a non-refundable claims administration fee of $150 will apply in addition to the Damage Excess. This fee is charged to cover Our reasonable administrative and processing costs associated with managing and handling the claim.
8. Damage Cover Exclusions
8.1 Exclusions to Damage Cover
Even if You have paid the Damage Excess, You and any Authorised Driver will have no entitlement to Damage Cover and remain personally liable for all Damage to the Vehicle and any Third Party Loss where such Damage or loss arises from:
(a) a Major Breach of the Rental Contract;
(b) the use of the Vehicle by a person who:
(i) is not an Authorised Driver; or
(ii) is under 21 years or over 75 years of age;
(c) Overhead Damage;
(d) Underbody Damage;
(e) Damage caused by:
(i) immersion of the Vehicle in water; or
(ii) the use of an incorrect fuel type;
(f) Damage to tyres, except where due to reasonable wear and tear;
(g) Damage or Third Party Loss where You fail to remain at the scene of an Accident until the police attend or the Accident has been reported to the police.
8.2 There is also no Damage Cover for:
(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote control devices; or
(b) personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:
(i) You;
(ii) Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
(iii) any relative, friend or associate of an Authorised Driver; or
(iv) Your employees.
9. Breakdowns
9.1 Roadside Assistance
Roadside assistance is included in Your Rental for mechanical breakdowns only and does not cover Accidents or incidents resulting from driver error. If the Vehicle suffers a mechanical failure during the Rental Period, You must immediately contact Us on 08 9479 4900 to arrange assistance.
There will be no charge for roadside assistance where the breakdown is due to a genuine mechanical failure not caused by You or any Authorised Driver.
We will use reasonable efforts to recover and repair the Vehicle as soon as practicable. If the Vehicle cannot be repaired within a reasonable time, We will use Our best endeavours to provide a replacement Vehicle, subject to availability.
9.2 Assistance Not Covered
Roadside assistance is not included for incidents resulting from driver error or negligence. You are solely responsible for the following events, and additional charges will apply if assistance is requested:
(a) a flat battery resulting from lights, entertainment systems, or other electrical components being left on;
(b) tyre changes or flat tyres unless due to mechanical fault;
(c) lost, damaged, or stolen keys or remote control devices; or
(d) keys or remote control devices locked inside the Vehicle.
If assistance is provided for any of the above, You will be liable for all associated costs, including call-out fees, replacement parts, and labour. You are also responsible for any Damage caused as a result of these incidents.
9.3 Consequential and Other Loss
Subject always to Your rights under the Australian Consumer Law, We are not liable for any indirect, incidental, special or consequential loss or damage arising from or in connection with the rental, use, or inability to use the Vehicle, including but not limited to:
(a) missed flights, appointments, or transport connections;
(b) disruption to travel or holiday plans;
(c) inconvenience, loss, or delay caused by natural events including but not limited to floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
(d) loss of enjoyment, emotional distress, or inconvenience; or
(e) any consequential, punitive, exemplary, or economic loss or damage, including loss of income or business opportunity.
Nothing in this clause excludes or limits Your rights or remedies under any law, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted or modified by contract.
10. Accident and theft reporting
⚠️ IMPORTANT NOTICE
A breach of any part of this Clause 10 constitutes a Major Breach of the Rental Contract.
In the event of such a breach, We reserve all rights and remedies as set out in Clause 11, including but not limited to the termination of the Rental Contract, immediate repossession of the Vehicle, and liability for all resulting loss, Damage, or Third Party Loss.
10.1 Reporting an Accident or Theft to Us
If You or any Authorised Driver is involved in an Accident or if the Vehicle is stolen, You must:
(a) Report the Accident or theft to Us as soon as practicable, and in any event within 24 hours of the occurrence; and
(b) Fully complete and submit an Accident/Theft report form provided by Us.
Failure to comply with these requirements may result in You being liable for all resulting Damage or Third Party Loss.
10.2 Reporting an Accident or Theft to the Police
If the Vehicle is stolen, or if You or any Authorised Driver is involved in an Accident where:
(a) any person is injured;
(b) the other party fails to stop or leaves the scene 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 possible.
10.3 Steps You Must Take Following an Accident
If You or an Authorised Driver have an Accident, You and the Authorised Driver must:
(a) exchange names, addresses, phone numbers, and email addresses with the other driver;
(b) take a photo of the other driver’s licence;
(c) record the registration numbers of all vehicles involved;
(d) take as many photos as reasonably possible 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;
(e) obtain the names, addresses, phone numbers, and email addresses of all witnesses;
(f) forward all third party correspondence or court documents to Us within 7 days of receipt;
(g) co-operate with Us in any legal proceedings that We may institute or defend as a result of the Accident, including attending:
(i) Our lawyer’s office; or
(ii) any Court hearing; and
(h) ensure the Vehicle is secure.
10.4 What You Must Not Do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) promise to pay any claim for Third Party Loss; or
(c) release the other party from any liability to pay for Damage arising from an Accident, theft, or attempted theft.
10.5 Replacement Vehicle
While acting reasonably, We reserve the right not to provide a replacement Vehicle if:
-
the Vehicle has been involved in a major Accident;
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there has been major Damage; or
-
You have committed a Serious Breach of the Rental Contract.
11. Consequences of a Major Breach
11.1 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract that causes Damage, theft of the Vehicle, or Third Party Loss; or
(b) drive the Vehicle recklessly, resulting in a substantial breach of road safety laws,
then You and any Authorised Driver:
(i) will have no Damage Cover;
(ii) will be fully liable for all Damage, theft of the Vehicle, and Third Party Loss; and
(iii) must pay any additional costs or expenses We incur in recovering the Vehicle.
12. Termination of the Rental Contract
12.1 Termination of the Rental Contract
We may, acting reasonably, terminate the Rental Contract and take immediate possession of the Vehicle if You:
(i) commit a breach of any part of clause 11.1; or
(ii) commit a reckless breach of road or traffic legislation.
12.2 If the Rental Contract is terminated by Us pursuant to clause 12.1:
(a) You must pay for:
(i) Damage;
(ii) Loss of the Vehicle as a result of theft;
(iii) Third Party Loss;
(iv) Storage, repossession, and recovery fees;
(v) Fees for the release of the Vehicle from compounds;
(vi) Roadside assistance;
(vii) Administrative and legal costs of recovery; and
(viii) The Rental Charges.
(b) Termination will not affect Our right to recover any money owed under the Rental Contract; and
(c) You authorise Us to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing damage.
13. Privacy
⚠️ IMPORTANT NOTICE
A breach of sub-clause 12.2(b) constitutes a Major Breach of the Rental Contract. Refer to clause 11 for further details.
13.1 Personal Information
(a) We are committed to respecting Your privacy and will not collect, use, or disclose Your personal information in a manner that is contrary to law.
(b) When We collect Your personal information, it will be solely for the purpose of providing rental services to You. If You choose not to provide this information, We may be unable to provide those rental services.
(c) We take reasonable steps to ensure that Your personal information is accurate, up to date, and complete, and that it is protected against misuse, loss, or unauthorised access, modification, or disclosure.
13.2 Tracking Device
(a) A Tracking Device is installed in the Vehicle to enable Us to monitor its condition, performance, operation, and location. Information collected from the Tracking Device may be used during and after the Rental Period. By signing the Rental Agreement, You authorise Us and consent to the use of this Tracking Device.
(b) You must not tamper with, disable, or remove the Tracking Device or any Dash Cam installed in the Vehicle.
14. Definitions and interpretation
14.1 Definitions
In these Terms and Conditions:
Accident means an unintended 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 recorded on the Rental Agreement prior to the Start of the Rental.
City Centre Car Rentals, We, Us, Our means Hobiz Pty Ltd trading as City Centre Car Rentals ABN 15 608 739 608.
Damage means:
(a) any loss or damage to the Vehicle including its parts, components, and accessories (including the GPS unit) 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 renders the Vehicle unroadworthy is not fair wear and tear.
Damage Cover means the cover You and any Authorised Driver have for Damage, theft, attempted theft, and Third Party Loss under clause 7, subject to the Damage Cover Exclusions in clause 8.
Damage Excess means the amount, including GST, You must pay Us in the event of an Accident or attempted theft causing Damage or Third Party Loss, or if the Vehicle is stolen and not recovered, including any additional amount payable for younger drivers pursuant to sub-clause 7.3.
End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is later.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement due to the Vehicle being repaired, replaced, or written off as a result of an Accident or theft.
Major Breach means a breach of any of the following:
(a) Clauses 2, 3, 4 (all parts); sub-clauses 5.5, 5.6, 5.7, 5.8, or 5.10 that causes Damage, theft of the Vehicle, or Third Party Loss;
(b) Clause 10 (all parts) 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
(c) Sub-clause 13.2(b).
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:
(a) Damage to the Vehicle; or
(b) Third Party Loss,
caused by:
(i) contact between any part of the Vehicle at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle.
Rental Charges means the charges payable for renting the Vehicle from Us, together with GST and any other taxes or levies, all as 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 Bond means the amount shown on the Rental Agreement that We collect from You at the Start of the Rental as security for the Rental Charges and other fees or charges incurred during Your rental. This amount is fully refundable subject to sub-clause 5.2.
Start of the Rental means the date and time that the rental commences, as shown in the Rental Agreement.
Third Party Loss means loss or damage to third party property, including other motor vehicles, and any claim for third party loss of income.
Tracking Device means a GPS or other device fitted to the Vehicle with electronic tracking capabilities to determine its location and other data, including speed, braking, and fuel levels.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers, or wheel stops, and does not arise from an impact with another vehicle.
Unsealed Road means a road, other than a road 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, and accessories, including the GPS unit (if fitted), and includes any replacement Vehicle.
You, Your means the person, whether an individual, firm, company, or government agency, who rents the Vehicle from Us and whose name is shown in the Rental Agreement.