1. Introduction

1.1 Rental Contract
Your agreement to hire a vehicle from City Centre Car Rentals (“Rental Contract”) consists of:

1. the Rental Agreement, including any signed or electronically accepted rental documents, tax invoices, condition reports, authorisations, and schedules issued by Us in connection with the hire of the Vehicle; and
2. these Terms and Conditions, including any policies, notices, or additional terms referenced within them.

Together, these documents form the entire agreement between You and City Centre Car Rentals and create legally binding and enforceable obligations on You.

By signing the Rental Agreement, taking possession of the Vehicle, or otherwise using the Vehicle, You acknowledge and agree that:

1. You have read and understood the Rental Contract;
2. You are bound by all terms and conditions contained within the Rental Contract; and
3. You will comply with all obligations, restrictions, and responsibilities imposed under the Rental Contract.

No variation or waiver of any term of the Rental Contract will be effective unless agreed by Us in writing.

1.2 Jurisdiction
This Rental Contract is governed by and must be construed in accordance with the laws of Western Australia.

You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts in respect of any dispute, claim, or matter arising out of or in connection with this Rental Contract, its subject matter, or its enforcement.

Nothing in this clause limits Our right to commence proceedings against You in any other court or jurisdiction permitted by law.

1.3 Australian Consumer Law
Nothing in this Rental Agreement is intended to exclude, restrict, or modify any rights or remedies You may have under the Australian Consumer Law or any other applicable consumer protection legislation (“Consumer Rights”), to the extent such rights cannot lawfully be excluded.

Subject to Your Consumer Rights, and to the maximum extent permitted by law, all other warranties, guarantees, conditions, representations, liabilities, and terms, whether express or implied by legislation, common law, trade, custom, or otherwise, are expressly excluded.

Where the Company is permitted by law to limit its liability for a breach of any non-excludable guarantee, condition, or warranty, the Company’s liability is limited, at its option, to:

1. the re-supply of the relevant goods or services;
2. the repair or replacement of the goods;
3. the payment of the cost of repairing or replacing the goods or re-supplying the services; or
4. the refund of the amount paid by You under this Rental Agreement.

You acknowledge that Your Consumer Rights are separate from, and operate independently of, the contractual rights and obligations contained within this Rental Agreement.

Further information regarding Australian Consumer Law and consumer guarantees can be obtained from the Australian Competition and Consumer Commission (ACCC) or the relevant State or Territory consumer protection authority.

1.4 Electronic signatures
City Centre Car Rentals may, at its discretion, accept electronic signatures and electronic acceptance as valid and binding for the purposes of entering into, acknowledging, executing, varying, or accepting this Rental Contract and any related documents.

By electronically signing, accepting, confirming, or otherwise proceeding with the Rental Contract, You acknowledge and agree that:

1. Your electronic signature constitutes Your legal signature and has the same force and effect as a handwritten signature;
2. You have read, understood, and accepted the Rental Contract, including these Terms and Conditions;
3. You consent to the use of electronic communications and electronic records in connection with the Rental Contract;
4. You are bound by all obligations, responsibilities, charges, authorisations, and liabilities arising under the Rental Contract; and
5. the electronic records maintained by City Centre Car Rentals constitute evidence of Your acceptance of the Rental Contract and may be relied upon in any legal or administrative proceedings.

You further warrant that You are authorised to enter into the Rental Contract and that all information provided by You is true, accurate, and complete.

2. Who may drive the Vehicle ?

⚠️ IMPORTANT NOTICE
A breach of any provision of this Clause 2 constitutes a Major Breach of this Rental Contract, as these obligations are essential to the Owner’s decision to enter into and continue the hire.

Where a Major Breach occurs, the Owner may exercise its rights and remedies under Clause 11. For further details, refer to Clause 11.

2.1 Authorised Drivers
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.
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 Licence requirements

You and any Authorised Driver must, at all times during the Rental Period, hold and maintain a current, valid, and legally recognised driver’s licence that:

Is issued by an Australian State or Territory authority, or, where the licence is issued outside Australia, is accompanied by:

1. a valid International Driving Permit (“IDP”); or
2. an official English translation approved by City Centre Car Rentals,
   where the original licence is not printed in English;

Authorises the holder to lawfully drive the class and type of Vehicle rented under this Rental Contract.

Is not expired, suspended, cancelled, disqualified, revoked, or subject to any condition, restriction, endorsement, or limitation that may affect the driver’s legal ability or suitability to operate the Vehicle; and

Complies with all applicable laws, regulations, and licensing requirements in the State or Territory in which the Vehicle is driven.

The Hirer must:

1. ensure that all Authorised Drivers satisfy these requirements at all times;
2. provide original licence documentation upon request by City Centre Car Rentals; and
3. immediately notify City Centre Car Rentals of any change to a driver’s licence status, eligibility, or authority to drive.

City Centre Car Rentals reserves the right, at its absolute discretion, to refuse, suspend, or terminate the rental where any driver fails to meet these requirements.

Any breach of this clause constitutes a material breach of the Rental Contract and may result in the loss of liability reduction cover and the Hirer being fully liable for all resulting loss, damage, costs, claims, and liabilities.

2.3 Age & Plates Restrictions

Learner drivers, as well as provisional or probationary licence holders, are not permitted to drive the Vehicle under any circumstances
The Hirer and all Authorised Drivers must:

1. be at least twenty-one (21) years of age at the commencement of the Rental Period; and
2. hold a current, valid, and unrestricted driver’s licence authorising the holder to drive the class of Vehicle rented, as recognised by the laws of the State or Territory in which the Vehicle is operated.

Learner drivers and P1 (Red P) licence holders are strictly prohibited from driving, operating, or being listed as an Authorised Driver under this Rental Contract under any circumstances.

P2 (Green P) licence holders may only drive the Vehicle where:

1. the P2 licence has been held continuously for a minimum period of twelve (12) months prior to the commencement of the Rental Period; and
2. the driver otherwise complies with all requirements of this Rental Contract.

The Hirer must ensure that all Authorised Drivers:

1. comply at all times with the conditions, restrictions, and requirements of their licence;
2. remain legally licensed throughout the Rental Period; and
3. immediately notify City Centre Car Rentals of any suspension, cancellation, disqualification, expiry, restriction, or change affecting their licence eligibility.

City Centre Car Rentals reserves the right, at its absolute discretion, to refuse, suspend, or terminate the rental if any driver does not satisfy the eligibility or licensing requirements of this Rental Contract.

Any breach of this clause constitutes a material breach of the Rental Contract and may result in:

1. termination of the rental;
2. loss of any liability reduction or damage cover;
3. additional fees and charges; and
4. the Hirer being fully liable for any loss, damage, claim, cost, or liability arising from such breach.

An additional Young Driver Surcharge applies to all Hirers and Authorised Drivers aged between twenty-one (21) and twenty-four (24) years inclusive at the commencement of the Rental Period.

The applicable surcharge is payable in addition to all other rental charges and fees and will be charged for each eligible driver for the duration of the Rental Period.

City Centre Car Rentals reserves the right to impose additional conditions, restrictions, liability limitations, bond requirements, or refuse rental at its discretion in relation to younger drivers.

2.4 Cancelled, suspended or fraudulent licences

If, at any time prior to or during the Hire Period, the Hirer or any Authorised Driver presents, or is found to have presented, a driver’s licence that is expired, suspended, cancelled, revoked, fraudulent, forged, or otherwise invalid or not compliant with the requirements of this Agreement, the Owner may, at its reasonable discretion and without prior notice:

(a) refuse to release the Vehicle;
(b) immediately terminate this Agreement; and/or
(c) require the immediate return of the Vehicle and, where the Vehicle is not promptly returned, recover or repossess the Vehicle in accordance with Clause 16B and applicable law.

Where this clause is breached, the Hirer is liable to pay the Owner for losses and reasonable costs directly arising from the breach, including (where applicable and reasonably incurred) towing and recovery costs, repair costs (if any damage occurs), reasonable administrative fees, immobilisation charges, and loss of rental income during the period the Vehicle is unavailable for hire as a direct result of the breach.

Any Loss or Damage Liability Reduction, waiver, insurance benefit, or similar protection under this Agreement will not apply where the Hirer or Authorised Driver has breached this clause, to the extent permitted by law.

Nothing in this clause excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law that cannot lawfully be excluded.

3. Prohibited

⚠️ IMPORTANT NOTICE
A breach of any provision of this Clause 3 constitutes a Major Breach of this Rental Contract, as the requirements in this clause are essential to the Owner’s decision to enter into and continue the hire.

Where a Major Breach occurs, the Owner may exercise its rights and remedies under Clause 11, which may include termination of the Rental Contract, immediate repossession of the Vehicle, and recovery of losses and costs in accordance with the terms of this Agreement and to the extent permitted by law.

3.1 Prohibited Uses (Consent Required)

The Hirer and all Authorised Drivers must not, without the prior written consent of the Owner:

1. Part with possession or control of the Vehicle, including allowing any unauthorised person to drive it.
2. Use the Vehicle for any motorsport, race, rally, performance test, off-road competition, or any similar activity.
3. Sublet, on-hire, or hire the Vehicle to any third party, or use it in any peer-to-peer or commercial vehicle sharing arrangement.
4. Use, or permit the use of, the Vehicle for the carriage of passengers for hire or reward, including rideshare or taxi services.
5. Tow, push, recover, or propel any trailer, vehicle, or object, or use the Vehicle to carry loads in a manner that exceeds its intended use or manufacturer specifications.
6. Smoke, or permit smoking, inside the Vehicle at any time.
7. Alter, modify, deface, or add any accessories or equipment to the Vehicle.
8. Use the Vehicle to transport animals, except assistance animals as defined under applicable law.
9. Arrange or authorise any repairs, servicing, or mechanical work on the Vehicle without the Owner’s prior written approval, except where reasonably necessary in an emergency and the Owner cannot be contacted.
10. Continue to operate the Vehicle after an accident where it is unsafe, unlawful, or where continued use may cause further damage or risk to persons or property.

3.2 Unsafe, Illegal, and High-Risk Use

The Hirer and all Authorised Drivers must not:

1. Use, or permit the use of, the Vehicle for any illegal purpose or in breach of any applicable law, regulation, or road traffic requirement.
2. Drive the Vehicle while under the influence of alcohol, drugs, or any substance impairing driving ability, or with a blood alcohol or drug concentration exceeding the legal limit in the jurisdiction of use.
3. Allow the Vehicle to be driven by any person not authorised under this Agreement or not legally permitted to drive the Vehicle.
4. Carry a number of passengers greater than the number of seatbelts fitted and operational in the Vehicle, or otherwise use the Vehicle in a manner that compromises occupant safety.
5. Carry, store, or transport hazardous, flammable, corrosive, or explosive substances, including any substance with a flash point under 22.8°C, except where expressly permitted by law and approved in writing by the Owner.

3.3 Prohibited Conduct
You and any Authorised Driver must not:

1. Refuse or fail to undergo any breath, blood, urine, or oral fluid test, or drug impairment assessment when lawfully required to do so.
2. Use the Vehicle:
   1. for any unlawful or illegal purpose
   2. 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
   3. To tow or propel another vehicle, trailer, or boat
   4. To carry or transport illegal drugs, substances, or contraband
   5. For any motor trade purposes, including experiments, testing, trials, or demonstrations;
3. Use a mobile phone:
   1. 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
   2. To send or view text messages, video messages, emails, or similar communications, unless the Vehicle is parked.

 

3.4 Prohibited Commercial Use

The Hirer must not use, or permit the Vehicle to be used, for any commercial purpose, including but not limited to rideshare, food delivery, courier or delivery services, paid passenger transport, towing, or any other hire, reward, or revenue-generating activity, unless the Owner has provided prior written authorisation.

If the Vehicle is used in breach of this clause, the Owner may, in addition to any other rights under this Agreement and to the extent permitted by law:

1. Immediately terminate the Rental Contract and require the immediate return of the Vehicle;
2. Treat such use as a Major Breach of this Agreement; and
3. Recover from the Hirer all losses, liabilities, and reasonable costs directly arising from the breach, including (where applicable) repair costs, additional wear and tear, cleaning and reinstatement costs, towing and recovery costs, administrative and processing costs, and loss of rental income for the period the Vehicle is unavailable for hire as a direct result of the breach.

Any Loss or Damage Liability Reduction, insurance benefit, excess reduction, or similar protection under this Agreement will not apply where the Hirer has engaged in a Major Breach of this clause, to the extent permitted by law.

The Hirer must also pay a Commercial Misuse Administration Fee of AUD $500, which the parties agree is a genuine pre-estimate of the Owner’s administrative and operational costs incurred in investigating, processing, and responding to unauthorised commercial use.

3.5 Prohibited Acts

You and any Authorised Driver must not:

1. Deliberately or recklessly damage the Vehicle, or allow anyone else to do so;
2. Modify or alter the Vehicle in any way;
3. Sell, rent, lease, or otherwise dispose of the Vehicle; or
4. Register, or claim any right to register, an interest in the Vehicle under the Personal Property Securities Act 2009(Cth).

You and any Authorised Driver must not use the Vehicle to carry:

1. Passengers for hire, fare or reward or for rideshare purposes
2. More than the number of passengers for which the Vehicle is licenced
3. Any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

 

3.6 Smoking & Vaping

Smoking, vaping, or use of any device that produces smoke, vapour, aerosol, or residue within the Vehicle is strictly prohibited. This includes, without limitation, tobacco products, e-cigarettes, vapes, cannabis, incense, or any similar substance or device that may result in odour, staining, residue, or contamination of the Vehicle interior.

1. The Hirer must not use, or permit the use of, any deodorising sprays, perfumes, incense, or masking agents for the purpose of concealing smoking or vapour-related odours or contamination.
2. Where there is reasonable evidence of smoking, vaping, or residue contamination in the Vehicle (including persistent odour, ash, stains, or residue consistent with such use), the Hirer will be liable for the reasonable and properly evidenced costs of cleaning and restoration required to return the Vehicle to a smoke-free condition. This may include detailing, deodorisation, and ozone treatment were reasonably necessary.
3. Where specialist treatment or restoration is reasonably required due to the extent of contamination, the Hirer may also be liable for reasonable costs of parts cleaning or replacement of affected components, and reasonable loss of rental income for the period the Vehicle is unavailable for hire as a direct result of the cleaning or restoration process.
4. A Smoke Contamination Cleaning Fee of AUD $450 may be charged where smoking or vaping contamination is identified, which the parties agree represents a reasonable estimate of the minimum administrative and cleaning costs associated with initial assessment and remediation. Any additional charges will be limited to reasonable and evidenced costs actually incurred.

4. Prohibited areas of use

⚠️ IMPORTANT NOTICE
A breach of any provision of this Clause 4 constitutes a Major Breach of this Rental Contract, as these obligations are fundamental to the Owner’s risk assessment and acceptance of the hire.

Where a Major Breach occurs, the Owner may exercise its rights and remedies under Clause 11, including termination of the Rental Contract, immediate repossession of the Vehicle, and recovery of losses and costs in accordance with this Agreement and to the extent permitted by law.

4.1 Restricted Driving Conditions
Driving on unsealed, off-road, or restricted areas is prohibited unless expressly authorised in writing by the Owner.

For the purposes of this Agreement, prohibited use includes (without limitation) driving on beaches, sand, dunes, dirt tracks, fire trails, national parks, or any road or track that is not legally gazetted, maintained, or ordinarily open for standard vehicular traffic.

The Hirer acknowledges that this restriction is necessary due to significantly increased risks of vehicle damage, recovery difficulty, and limited insurance coverage in such environments.

Any breach of this clause constitutes unauthorised use of the Vehicle and may result in liability for loss or damage to the extent that such loss or damage is directly caused or materially contributed to by the breach, in accordance with the terms of this Agreement and to the extent permitted by law.

4.2 Prohibited Areas of Use
The Vehicle must not be used in any area or on any road that is prohibited, unsafe, or unsuitable for normal vehicle operation. For the purposes of this Agreement, prohibited areas include, without limitation:

1. Roads that are flooded, water-covered, or known to be prone to flooding or water ingress
2. Beaches, sand dunes, dunes, streams, rivers, creeks, dams, foodways, floodwaters, or any area exposed to saltwater or tidal movement
3. Any road or area subject to warning, closure, restriction, or advisory issued by police, local councils, road authorities, or other competent government authorities
4. Any road or area that is officially closed to public access or vehicle traffic; and
5. Any road, track, or area where, in the circumstances, it would be unsafe, unlawful, or unreasonable to operate the Vehicle, having regard to road conditions, weather, visibility, or the nature of the terrain.

The Hirer acknowledges that these restrictions are necessary to manage significant risks of vehicle damage, recovery difficulty, and safety hazards associated with operating a vehicle in such environments.

Any breach of this clause constitutes unauthorised use of the Vehicle and may result in liability for loss or damage to the extent that such loss or damage is directly caused or materially contributed to by the breach, in accordance with this Agreement and to the extent permitted by law.

 

4.3 Permitted Travel Zones

The Vehicle must only be driven or used within the Permitted Travel Zone, being the area marked in green in the Annexure to these Terms and Conditions.

The Hirer must not drive or use the Vehicle outside the Permitted Travel Zone unless the Remote Area option has been expressly selected and paid for in advance.

Where the Remote Area option has been purchased, the Vehicle may also be driven or used within the area marked in yellow in the Annexure (Remote Area), subject to all other terms of this Agreement, including any applicable High-Risk Area or Night Driving restrictions.

The Hirer acknowledges that the Annexure forms part of this Agreement and clearly identifies geographic risk classifications used by the Owner for insurance, operational, and safety purposes.

4.4 Prohibited Travel Zone (No Travel Zone)

The Vehicle must not, under any circumstances, be driven, used, or taken into any area marked in red in the Annexure (No Travel Zone).

Entry into a No Travel Zone constitutes unauthorised use of the Vehicle and a Major Breach of this Agreement, due to the significantly elevated risk of damage, recovery difficulty, and limited access to assistance services in such areas.

4.5 Night Driving, Wildlife Risk & High-Risk Area Restrictions

The Hirer acknowledges that driving in regional and remote areas during night hours significantly increases the risk of collisions with wildlife and livestock, including kangaroos, emus, cattle, and other animals, and increases risks associated with reduced visibility, limited roadside assistance, and extended emergency response times.

The Vehicle must not be driven between sunset and sunrise in any High-Risk Area.

This restriction applies due to the significantly increased risk of wildlife and livestock collisions and reduced visibility conditions during night hours in regional and remote environments.

4.6 Remote Area (Annexure – Yellow Zone)

Any area marked in yellow in the Annexure (Remote Area classification) is also designated as a High-Risk Area.

The Hirer acknowledges that the Annexure forms part of this Agreement and identifies areas with elevated risk due to remoteness, road conditions, limited lighting, and reduced emergency response access.

Where the Vehicle is driven in breach of this clause and loss or damage occurs, the Hirer will be liable for losses and damage to the extent that such loss or damage is directly caused or materially contributed to by the breach, including (where applicable) reasonable repair costs, towing, recovery, and reasonable loss of use during the period the Vehicle is unavailable for hire as a direct result of the breach.

Any Damage Cover excess reduction, or similar protection will not apply to the extent permitted by law where the loss or damage is directly attributable to a breach of this clause.

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 this Rental Contract, as these obligations are material to the Owner’s assessment of risk, insurance coverage, and safe operation of the Vehicle.

Where a Major Breach occurs, the Owner may exercise its rights and remedies under Clause 11. For further details, refer to Clause 11.

5.1 Start of the Rental
At the Start of the Rental, and prior to collecting the Vehicle, You must:

1. present Your valid driver’s licence and those of any Authorised Drivers, and permit Us to make and retain copies of the licences
2. present Your passport if You are not an Australian citizen
3. 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
4. pay the anticipated Rental Charges
5. pay the Security Bond — $1,100.00 if paying by debit card, or $500.00 if paying by credit card.

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 is held by Us as security for the performance of the Hirer’s obligations and liabilities under this Rental Contract.

Subject to this Agreement, the Security Bond is refundable within ten (10) business days after the end of the Rental Period, following completion of the Vehicle return inspection and any reasonable assessment period required to determine outstanding charges.

The Hirer acknowledges that Security Bond refunds are typically processed within ten (10) business days after the end of the Rental. However, the Owner may reasonably extend this timeframe where necessary to finalise outstanding charges, including but not limited to tolls, fines, cleaning, refuelling, damage assessment, or third-party claims.

Any such extension will not exceed a reasonable period in the circumstances, and does not affect the Hirer’s entitlement to any remaining refundable balance of the Security Bond once all properly payable amounts have been determined.

The Security Bond (or any remaining balance) may be applied against any amounts properly payable under this Rental Contract, including but not limited to:

1. Unpaid rental charges, tolls, fines, refuelling costs, cleaning fees, and other agreed charges
2. Damage to the Vehicle, including Third Party Loss, where reasonably determined and attributable to the Hirer in accordance with this Agreement; and
3. reasonable costs arising from breach of this Rental Contract.

For clarity, reasonable wear and tear will not constitute Damage for the purposes of this clause.

No Waiver of Rights or Liabilities

The issuance of a Replacement Vehicle does not waive, reduce, or limit any liability, breach, incident obligations, or damage responsibilities incurred by the Hirer under the Original Agreement, whether occurring before or after the vehicle swap.

We reserve the right to retain all or part of the Security Bond if any of these conditions are not met.

5.3 During the Rental Period

The Hirer and any Authorised Driver must take reasonable care of the Vehicle and comply with the following obligations during the Rental Period.

Vehicle Care and Reporting Obligations

The Hirer must:

1. Take reasonable steps to monitor the Vehicle for any apparent safety issue, warning light, fluid leak, damage, tyre issue, or operating concern and promptly notify the Owner where a defect or issue becomes apparent
2. Comply with any reasonable mileage limits, operational instructions, or Vehicle usage requirements disclosed in the Rental Agreement, Vehicle documentation, or lawfully communicated by the Owner
3. Return the Vehicle and any accessories supplied by the Owner, including (without limitation) child restraints, charging cables, keys, GPS units, and other equipment, in substantially the same condition as at the commencement of the Rental, fair wear and tear excepted; and
4. Provide the Owner, and where lawfully required any regulatory, law enforcement, or government authority, with full and accurate information reasonably requested regarding the use, location, operation, or condition of the Vehicle during the Rental Period.

Prohibited Conduct

The Hirer and any Authorised Driver must not:

1. Transport animals in the Vehicle, except assistance animals or where prior approval has been provided by the Owner
2. smoke, vape, or permit smoking, vaping, or use of similar devices within the Vehicle, and must take reasonable steps to prevent passengers from doing so
3. Use the Vehicle to transport infectious, hazardous, biomedical, or biosecurity-sensitive waste unless expressly authorised in writing by the Owner
4. Drive or permit use of the Vehicle where the driver is not legally authorised to drive, including where a driver’s licence is suspended, cancelled, revoked, expired, or otherwise invalid for the class of Vehicle
5. Intentionally, fraudulently, recklessly, or unlawfully cause or contribute to Damage, theft, or Third-Party Loss, including through collusion or deliberate misuse of the Vehicle
6. Operate the Vehicle dangerously, recklessly, or contrary to road laws or safety obligations; or
7. Use the Vehicle for off-road driving, racing, rallies, contests, speed testing, driver training, towing or pushing another vehicle or object, or in contravention of any applicable law, order, permit, or regulation affecting the use, loading, or condition of the Vehicle, except where expressly authorised by the Owner in writing.

Cleaning, Disinfection and Deodorising Charges

Where the Vehicle is returned in a condition requiring cleaning, sanitisation, deodorising, contamination treatment, or remediation beyond reasonable wear and ordinary post-rental cleaning, the Hirer may be charged the reasonable and properly evidenced costs actually incurred by the Owner.

Such costs may include cleaning required due to smoke or vapour contamination, spills, stains, excessive dirt, odour, biological contamination, animal hair, or other conditions requiring remediation beyond normal use.

• Seat Belts and Restraints

The Hirer and all passengers must comply with all applicable laws relating to the use of seat belts and child restraints in the jurisdiction where the Vehicle is operated.

 

1. The Hirer must take reasonable steps to ensure that all occupants of the Vehicle wear seat belts properly fitted, adjusted, and fastened at all times while the Vehicle is in motion, as required by law.
2. The Hirer is responsible for ensuring that any child required by law to use a child restraint or booster seat is secured in an appropriate restraint that is properly fitted, adjusted, and used in accordance with applicable legal requirements, manufacturer instructions, and the child’s age, height, and weight.
3. Where a child restraint is supplied by the Owner, the Hirer remains responsible for checking that the restraint is correctly installed and suitable for the child using it.
4. The Hirer acknowledges that failure to comply with seat belt and child restraint laws may result in fines, penalties, liability for injuries, and increased safety risks.

5.5 Vehicle to Be Locked and Keys Kept in Your Possession
You and any Authorised Driver must take reasonable steps to secure the Vehicle whenever it is unattended or not in use, including locking the Vehicle and activating any fitted security features where reasonably practicable.

The keys, key fob, or remote-control device must remain in the possession or control of You or an Authorised Driver at all times and must not be intentionally left inside the Vehicle while it is unattended.

Failure to comply with this clause may constitute a breach of this Agreement where such failure directly causes or materially contributes to theft, attempted theft, loss, or damage to the Vehicle.

5.6 Reasonable Care
Reasonable Care of the Vehicle

The Hirer must take reasonable care to:

1. Prevent avoidable damage to the Vehicle, theft of the Vehicle, and Third-Party Loss
2. Ensure the Vehicle is not overloaded beyond manufacturer specifications or legal passenger and load limits
3. Properly secure and use any security device supplied with or fitted to the Vehicle where reasonably practicable
4. Protect the Vehicle from reasonably foreseeable damage caused by weather or environmental conditions, including by closing windows, sunroofs, or convertible roofs during rain and, where reasonably practicable, avoiding exposure to known severe weather events such as hail.

5.7 Notification of Vehicle Fault
You must notify Us as soon as reasonably practicable if:

1. Any warning light, alert, or fault message appears on the Vehicle dashboard;
2. You become aware of low engine oil, brake fluid, coolant levels, tyre pressure warnings, or any other condition that may affect the safe operation of the Vehicle
3. The Vehicle develops any mechanical fault, damage, performance issue, or operating defect during the Rental Period.

Where it is reasonably apparent that continued operation of the Vehicle may cause damage or create a safety risk, you must stop using the Vehicle and follow any reasonable instructions provided by Us.

Failure to notify Us promptly, or continued use of the Vehicle after becoming aware of a fault or warning condition, may result in You being liable for loss or damage to the extent that such loss, damage, or Third-Party Loss is directly caused or materially contributed to by that failure.

5.8 Repair Without Authority Prohibited
You must not authorise or permit any person to repair, service, tow, recover, salvage, modify, or otherwise work on the Vehicle without Our prior written consent, except where emergency assistance is reasonably necessary to protect the safety of persons or prevent further damage to the Vehicle and it is not reasonably practicable to contact Us first.

You must notify Us as soon as reasonably practicable of any emergency repair, towing, or recovery arrangement made under this clause.

The Hirer may be liable for any additional loss, damage, or unreasonable costs directly caused or materially contributed to by unauthorised repairs, towing, recovery, or salvage work.

5.9 Repair with Authority
If We provide prior written approval for repairs, towing, recovery, or salvage of the Vehicle, you must retain and provide Us with the original tax invoices, receipts, and any other reasonably requested supporting documentation relating to those authorised services.

We will reimburse You only for reasonable expenses that were expressly authorised by Us in writing and properly evidenced by supporting documentation.

Any entitlement to reimbursement under this clause is subject to compliance with this Rental Contract and may be reduced or refused to the extent that the relevant expense arises from, or is materially affected by, a 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 is for the Rental Period and at the rates, fees, and charges specified in the Rental Agreement and these Terms and Conditions.

6.2 Extending the Rental Period
We understand that circumstances may change and You may require the Vehicle beyond the agreed Rental Period. If so, you must contact Us as soon as reasonably practicable, and preferably at least 24 hours before the Rental Period expires, to request an extension.

Any extension of the Rental Period is subject to Vehicle availability, operational requirements, and Our approval.

We reserve the right, acting reasonably, to:

1. Offer a replacement or substitute vehicle for any approved extension period; and/or
2. Apply different rental rates, fees, charges, Security Bond requirements, or Damage Cover conditions for the extended Rental Period.

Any revised rates, charges, conditions, or Vehicle substitutions applicable to an extension will be disclosed to You before the extension is confirmed.

An approved extension of the Rental Period does not require a new Rental Agreement or signature by the Hirer. Unless otherwise expressly agreed in writing, the existing Rental Agreement and these Terms and Conditions will continue to apply to the extended Rental Period.

If You fail to obtain approval for an extension and do not return the Vehicle by the date and time specified in the Rental Agreement, We may:

1. terminate the Rental Contract; and
2. where reasonably necessary and permitted by law, recover the Vehicle by lawful means or, where the Vehicle’s location is unknown and reasonable attempts to contact You have failed, report the Vehicle to Police as overdue or unlawfully retained.

6.3 Cancellation and ‘No Show’
The Hirer agrees that the following cancellation fees apply as a genuine pre-estimate of loss incurred by Us due to cancellation or non-collection of the Vehicle:

1. 50% of the Rental Charges where the booking is cancelled within 48 hours prior to the Start of the Rental; and
2. 100% of the Rental Charges where the booking is cancelled within 24 hours prior to the Start of the Rental, or where the Hirer fails to collect the Vehicle at the agreed time without prior notice.

In addition to the above cancellation fees, a non-refundable administration fee of AUD $75 applies to all paid bookings that are cancelled or not collected. This fee reflects Our reasonable administrative costs associated with processing, managing, and handling the booking and cancellation.

No cancellation fee will apply to the extent that We are able to reasonably re-hire the Vehicle for the same or a substantially similar rental period and rate, in which case any charge will be reduced to reflect Our actual loss.

A cancellation is only effective once it has been received by Us through an approved communication channel and acknowledged by Us, acting reasonably.

6.4 Fines and Infringements
You and any Authorised Driver are responsible for all tolls, charges, fines, infringements, penalties, and related costs incurred during the Rental Period, including (without limitation) speeding fines, traffic infringements, parking fines, congestion charges, and any costs arising from the seizure, impoundment, or detention of the Vehicle by any regulatory authority.

Where any such amount is not paid directly by You, we may, at Our discretion and acting reasonably, pay or discharge the infringement, toll, or related charge on Your behalf.

Where We do so, you agree to reimburse Us for:

1. The full amount of the fine, toll, charge, or penalty paid by Us; and
2. Any additional costs, penalties, or administrative charges incurred as a result of late payment, processing, or enforcement action.

An administrative fee of AUD $60.00 plus GST per infringement applies where We are required to nominate You as the responsible driver or otherwise process, manage, or respond to any unpaid toll, fine, or infringement.

You acknowledge that this clause applies in addition to any amounts payable under law or to a regulatory authority and does not limit Our right to recover any further reasonable costs incurred as a result of enforcement action or collection activity.

6.5 Daily Kilometres Limit
A daily kilometre allowance of 100 kilometres per day applies to the Rental Period unless an Unlimited Kilometre option has been selected and confirmed in the Rental Agreement.

Where the Unlimited Kilometre option is not selected, kilometres will be calculated based on the total distance travelled during the Rental Period divided by the number of rental days.

If the applicable kilometre allowance is exceeded, an excess kilometre charge will apply for each kilometre over the allowance, calculated in accordance with the vehicle class specified in the Rental Agreement. The applicable excess kilometre rates for each vehicle class will be set out in the Rental Agreement or published rate schedule applicable at the time of booking.

The Hirer acknowledges that excess kilometre charges are a reasonable pre-estimate of additional vehicle wear, maintenance, depreciation, and operational costs associated with higher usage of the Vehicle, and vary depending on vehicle class due to differences in operating and replacement costs.

6.6 Return of the Vehicle
You must return the Vehicle:

1. To the Rental Station (or any alternative location agreed by Us in writing)
2. On the date and by the time specified in the Rental Agreement;
3. In a reasonable state of cleanliness, allowing for fair wear and tear consistent with normal use
4. In the same mechanical condition as at the Start of the Rental, fair wear and tear excepted
5. With a full tank of fuel unless a different fuel arrangement has been agreed in writing.

If You return the Vehicle:

1. With less than a full tank of fuel, a refuelling charge of AUD $65 (including GST) plus the cost of fuel will apply, being a reasonable estimate of refuelling service and administrative costs;
2. Returning the Vehicle before the scheduled end of the Hire Period does not automatically entitle the Hirer to a refund, credit, or compensation for unused rental days, insurance products, waivers, optional extras, or prepaid amounts.
3. The Hire Period and all applicable charges remain as agreed in the Rental Agreement, as pricing is based on the confirmed booking period and Vehicle availability reserved for the Hirer.
4. After the return time specified in the Rental Agreement, We may charge late return fees calculated on a reasonable basis as follows:
5. Up to one (1) hour late: an hourly charge of $25 per hour
6. More than one (1) hour late: up to a maximum of one (1) additional day’s rental at the standard daily rate; and

• Each subsequent 24-hour period (or part thereof) will be charged at the standard daily rental rate until the Vehicle is returned.

Outside Our normal business hours, and where no approved after-hours return has been agreed in writing, You remain responsible for Rental Charges and any loss or damage to the Vehicle until the Vehicle is returned and checked in at the Rental Station when it next opens, to the extent that any such loss or damage is directly caused or materially contributed to by Your use or possession of the Vehicle.

6.7 Post Rental Inspection Procedure
We will take reasonable steps to provide You with the opportunity to be present at the time the Vehicle is inspected following return.

If You are unable or choose not to remain for the full inspection, We will use reasonable endeavours to complete an initial inspection of the Vehicle within approximately four (4) business hours, noting that final assessment may require additional time where the Vehicle must be moved, cleaned, refuelled, photographed, or otherwise processed as part of Our standard procedures.

If any Damage, missing items, cleaning requirements, or other chargeable condition is identified during or after inspection, We will notify You as soon as reasonably practicable.

The Hirer acknowledges that the inspection process may be staged and that further findings may arise during detailed assessment, repairer review, or workshop inspection following the initial return check.

Any verbal comments made by staff at the time of Vehicle return (including statements such as “all good”, “fine”, or similar expressions) are general observations only and do not constitute a formal inspection, acceptance of condition, or final determination that no damage exists.

The Hirer acknowledges that certain damage or defects may not be immediately apparent at the time of return and may only become identifiable after the Vehicle is moved, cleaned, dried, inspected under appropriate lighting, or assessed as part of the Owner’s standard inspection and processing procedures.

The Owner will conduct a formal post-return inspection of the Vehicle following its return, relocation, cleaning, refuelling (where applicable), photography, and standard assessment procedures. This inspection will form the basis for any assessment of damage, cleanliness, missing items, or other charges under this Agreement.

The Hirer may be liable for damage identified during this post-return inspection where such damage is reasonably determined to have occurred during the Rental Period, subject to the terms of this Agreement and applicable law.

Environmental conditions at the time of return, including weather, lighting, dirt, or the condition of the Vehicle at drop-off, do not of themselves limit or exclude the Hirer’s liability for damage that is later identified and reasonably attributable to the Rental Period.

The Owner may rely on reasonable evidence in assessing the condition of the Vehicle, including time-stamped photographs and videos, telematics data (where available), repairer or assessor reports, and workshop or inspection findings. Where practicable, such evidence will be used to support any damage assessment or charges applied under this Agreement.

6.8 End of the Rental
At the end of the Rental, You must pay all amounts properly payable under this Agreement, including:

1. The balance of Rental Charges, including any applicable excess kilometre charges calculated in accordance with this Agreement
2. The applicable Damage Excess where there is Damage, Third Party Loss, or Vehicle theft arising during the Rental Period, subject to the terms, exclusions, and Damage Cover conditions of this Agreement
3. Reasonable costs incurred by Us as a result of the condition in which the Vehicle is returned, including but not limited to:
   1. Refuelling costs where the Vehicle is not returned with a full tank (where required)
   2. Additional cleaning, sanitisation, or deodorising costs where required due to the condition of the Vehicle, beyond reasonable wear and tear
4. Reasonable costs of Damage to the extent that such Damage is directly caused or materially contributed to by a Major Breach of this Rental Contract, in accordance with the terms of this Agreement and to the extent permitted by law
5. Reasonable costs of Overhead Damage where such Damage occurs during the Rental Period and is not otherwise excluded under this Agreement
6. Reasonable costs of Underbody Damage where such Damage occurs during the Rental Period and is not otherwise excluded under this Agreement
7. Reasonable costs of Damage caused by immersion of the Vehicle in water during the Rental Period, including recovery, cleaning, drying, and repair costs.

6.9 Credit Card Authority
Subject to these Terms and Conditions, where any amount is properly due and payable to Us at the End of the Rental, including but not limited to:

1. Rental Charges
2. Tolls
3. Speeding and traffic fines or infringements
4. Parking fines or related charges
5. Additional cleaning, sanitisation, or deodorising costs
6. Refuelling costs
7. Roadside assistance fees
8. The applicable Damage Excess;

You authorise Us to debit Your nominated credit or debit card for such amounts within a reasonable time after the End of the Rental, following assessment and verification of the amount payable in accordance with this Agreement.

Where practicable, we will provide You with a breakdown of any amounts charged.

6.10 Default in Payment
If You fail to pay any amount properly due under this Rental Contract within seven (7) days after the due date, the following may apply:

1. Interest may be charged on the overdue amount at a rate of 10% per annum, calculated daily from the date the payment became overdue until the date payment is made in full. The parties acknowledge that this rate represents a reasonable estimate of administrative and financing costs associated with overdue accounts.
2. Where reasonable attempts to recover the overdue amount directly from You have been unsuccessful, We may engage a mercantile agent, solicitor, or debt collection agency to recover the outstanding amount. You will be liable for all reasonable costs, expenses, commissions, fees, and legal costs actually incurred by Us in recovering the overdue amount, to the extent permitted by law.
3. You authorise Us to disclose information relating to the overdue amount and payment default to a credit reporting body or debt recovery agency where permitted by the Privacy Act 1988 (Cth) and any applicable credit reporting laws.
4. You also authorise Us to obtain a consumer credit report or updated credit information about You, where reasonably necessary for debt recovery, account management, fraud prevention, or enforcement of this Rental Contract, and where permitted by law.
5. Any collection, use, disclosure, or storage of personal information under this clause will be handled in accordance with applicable privacy laws and Our Privacy Policy.

7. Damage Cover

7.1 Damage Excess
Standard Damage Cover is included in the Rental Charges, subject to the terms, conditions, exclusions, and limitations set out in this Agreement.

Subject to this Agreement, We will provide cover to the Hirer and any Authorised Driver for Damage to the Vehicle, theft of the Vehicle, and Third Party Loss occurring during the Hire Period. However, the Hirer must pay up to the applicable Damage Excess specified in the Rental Agreement for each Accident, theft, loss, or damage incident unless:

1. We are reasonably satisfied that the Hirer or Authorised Driver was not at fault
2. The responsible third party is identified, insured, and their insurer formally accepts liability for the incident.

Where the Hirer purchases a Premium Cover, Reduced Damage Excess product, or any Damage Cover option reducing the Damage Excess to AUD $0.00, that cover applies to one (1) incident only during the Hire Period unless otherwise expressly stated in writing.

Any subsequent Accident, theft, loss, or damage event occurring during the same Hire Period, whether related or unrelated to the first incident, will be subject to the standard Damage Excess or applicable Damage Cover conditions stated in the Rental Agreement.

Where multiple areas of damage are identified during or following the Hire Period and the timing or cause of each damage event cannot reasonably be determined, We may, acting reasonably and in good faith, allocate the benefit of any Premium Cover or reduced Damage Excess to one incident only, generally being the incident resulting in the lower repair cost or lower financial impact to the Hirer.

Any assessment of damage scope, repair method, repair cost, loss assessment, or associated charges will be based on reasonable evidence, which may include photographs, videos, repairer reports, quotations, telematics data, assessor reports, and workshop inspections. Any determination made by Us will be subject to the Hirer’s rights under the Australian Consumer Law and any applicable dispute resolution process.

Nothing in this clause limits or excludes any liability arising from:

1. A Major Breach of this Agreement;
2. Use of the Vehicle in a prohibited or Non-Permitted Area of Use; or
3. Any circumstance where Damage Cover is excluded under this Agreement or by law.

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:

1. For single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You
2. If the Vehicle has been stolen, after We have made reasonable enquiries and, in Our opinion, it is unlikely the Vehicle will be recovered
3. 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 age-based Damage Excess may apply where You or any Authorised Driver is between 21 and 24 years of age at the commencement of the Hire Period. This additional amount is payable in addition to the standard Damage Excess and will be disclosed in the Rental Agreement.

The Hirer acknowledges that the additional Damage Excess reflects the increased insurance and risk costs associated with younger drivers.

Nothing in this clause limits Your rights under the Australian Consumer Law or any applicable anti-discrimination legislation.

7.4 Administration Fee

Administrative Fees and Tolls

An administration fee of up to AUD $60 (including GST) per item may apply where We are required to process, respond to, transfer, nominate, manage, or administer any matter arising during or after the Hire Period, including but not limited to:

1. traffic or parking infringements;
2. government or enforcement authority notices;
3. postage or document handling; or
4. driver nomination or statutory declaration processing.

The applicable administration fee will reflect the reasonable administrative and processing costs incurred by Us in handling the relevant matter.

Any fees charged under this clause must not exceed the reasonable costs actually incurred by Us in connection with the relevant matter and are subject to applicable law.

7.5 Claims Management Fee

A Claims Management Fee of AUD $249 (including GST) will apply where We are required to manage, investigate, assess, administer, or process any Accident, theft, attempted theft, damage claim, Third Party Loss claim, recovery action, insurance matter, or dispute arising during or after the Hire Period.

The Hirer acknowledges that this fee represents a reasonable estimate of the administrative, operational, and claim handling costs incurred by Us, including communications, evidence collection, coordination with insurers, repairers, assessors, recovery providers, legal representatives, and third parties.

The Claims Management Fee is payable in addition to any applicable Damage Excess, repair costs, towing or recovery charges, or other amounts payable under this Agreement.

8. Damage Cover Exclusions

8.1 Exclusions to Damage Cover
Even where You have paid the Damage Excess, You and any Authorised Driver will not be entitled to Damage Cover and will remain liable for all Damage to the Vehicle and any Third-Party Loss where such Damage or loss arises from:

1. Major Breach of this Rental Contract;
2. the use of the Vehicle by a person who:
   1. is not an Authorised Driver; or
   2. does not meet the age, licence, or eligibility requirements set out in this Agreement;
3. Overhead Damage;
4. Underbody Damage;
5. Damage caused by:
   1. Immersion in water (including driving through floodwater, creeks, rivers, or tidal areas); or
   2. Incorrect fuel type or contaminated fuel;
6. tyre and wheel Damage, except where caused by fair wear and tear under normal road conditions;
7. Damage or Third-Party Loss where You fail to remain at the scene of an Accident as required by law, including failure to report the incident to police where required;
8. Damage occurring while the Vehicle is being used in any Prohibited Area, Non-Permitted Area of Use, or High-Risk Area as defined in this Agreement;
9. Damage occurring while the Vehicle is used on unsealed roads, off-road terrain, beaches, dunes, streams, or any area not designed or legally open for normal vehicular traffic, unless expressly authorised in writing by Us;
10. Damage caused by negligence, wilful misconduct, reckless driving, or driving in a manner that breaches road rules or weather warnings (including driving through storm, hail, fire-affected, or road closure conditions);
11. Damage caused while the Vehicle is overloaded, including exceeding passenger limits or manufacturer load ratings;
12. Damage caused by towing, pushing, or carrying loads in breach of this Agreement;
13. Theft or attempted theft where the keys or security devices were not reasonably secured or were left in or on the Vehicle while unattended;
14. Damage caused by unauthorised repairs, towing, salvage, or mechanical work carried out without Our prior written consent (except in a genuine emergency where it was not reasonably practicable to obtain consent);
15. contamination, spillage, or Damage caused by transporting hazardous, prohibited, or illegal substances; and
16. Damage arising where the Vehicle is driven while the driver is impaired by alcohol, drugs, or medication affecting driving ability, or where the driver exceeds legal limits.

8.2 There is also no Damage Cover for:
There is no Damage Cover for:

1. The full cost of replacing, repairing, or reprogramming any accessories or additional items supplied by Us, including but not limited to GPS units, child restraints (where supplied), roof racks, toll tags, keys, keyless entry/start devices, remotes, charging cables, or similar equipment;
2. loss of use of such accessories or equipment;
3. personal items left in, stored in, or stolen from the Vehicle, or for loss of or damage to personal property belonging to or in the custody of:
   1. You;
   2. Your relatives, friends, or associates who ordinarily reside with You or with whom You ordinarily reside;
   3. Any relatives, friends, or associates of an Authorised Driver; or
   4. Your employees, contractors, or any person connected with You;
4. damage to, or loss of, any aftermarket accessories, modifications, or non-standard fittings not supplied or approved by Us;
5. Contamination, spillage, staining, or odour damage to the Vehicle’s interior (including upholstery, carpets, or trim), including where caused by food, drink, oil, bodily fluids, animals, or any transported items;
6. Damage caused by incorrect loading, securing, or transport of goods, including damage to interior trim, cargo areas, or load points;
7. Loss, theft, or damage arising from failure to reasonably secure the Vehicle, including where keys, key fobs, or security devices are left in or on the Vehicle while unattended;
8. Damage caused by use of the Vehicle in breach of manufacturer instructions or warning labels;
9. Indirect or consequential losses, including loss of personal or business items, missed bookings, accommodation costs, or travel expenses arising from loss of use of the Vehicle;
10. Damage arising from unauthorised modification, tampering, or interference with the Vehicle’s mechanical, electrical, tracking, or safety systems; and
11. Damage occurring while the Vehicle is used in breach of any Prohibited Area, Non-Permitted Area of Use, or other geographic restriction set out in this Agreement.

8.3 Towing, Salvage & Recovery

Towing, salvage, recovery, and associated roadside assistance costs are payable by the Hirer, in addition to any Damage Cover obligations, only where such costs are reasonably incurred and directly arise from:

1. An Accident or Incident caused by the Hirer or any Authorised Driver; or
2. A breach of this Agreement by the Hirer or any Authorised Driver.

The Hirer is not liable for towing, recovery, or roadside assistance costs where such costs arise solely from a mechanical failure, manufacturing defect, or other Vehicle fault not caused or contributed to by the Hirer or any Authorised Driver.

All recoverable costs under this clause are limited to reasonable and properly evidenced costs actually incurred by City Center Car Rentals or its service providers, including towing provider invoices, salvage charges, and reasonable administrative processing costs.

9. Breakdowns

9.1 Roadside Assistance
Roadside assistance is included in Your Rental for mechanical breakdowns only and does not cover incidents arising from driver error, misuse, negligence, or breach of this Agreement.

Roadside assistance does not include, and additional charges may apply in respect of, the following driver-related or user-caused events:

1. A flat battery resulting from lights, entertainment systems, ignition accessories, or other electrical components being left on or used in a manner that causes battery discharge;
2. Tyre-related incidents, including flat tyres, punctures, blowouts, or tyre damage, unless such issue is due to a confirmed mechanical or manufacturing fault not attributable to the use of the Vehicle;
3. Lost, damaged, or stolen keys, keyless entry devices, or remote-control devices; or
4. Keys or remote-control devices locked inside the Vehicle.

Where roadside assistance is provided in connection with any of the above events, You will be liable for all reasonable associated costs, including call-out fees, labour, replacement parts, towing (if required), and any administrative charges incurred by Us or the service provider.

You are also responsible for any Damage to the Vehicle or Third-Party Loss that arises as a direct or reasonably foreseeable result of these incidents, to the extent permitted by law.

Where the issue is confirmed to be a genuine mechanical or electrical failure not caused by You or any Authorised Driver, no roadside assistance charges will apply.

9.2 High Risk Area – Roadside Assistance Response
For High-Risk Areas, roadside assistance response times may be extended due to remoteness, access conditions, weather events, and service availability. All call-out and response times are determined by the third-party roadside assistance provider or contractor attending the Vehicle.

You acknowledge that while We will use reasonable efforts to facilitate assistance, actual attendance times are controlled by the service provider and may vary depending on location, road access, and operational conditions at the time of the call-out.

9.3 Consequential and Other Loss
Subject always to Your rights under the Australian Consumer Law and any other non-excludable rights under applicable law, We are not liable for any indirect, incidental, special, punitive, or consequential loss or damage arising from or in connection with the rental, use, or inability to use the Vehicle, whether arising in contract, tort (including negligence), statute, or otherwise, including but not limited to:

1. Missed flights, appointments, reservations, events, or transport connections;
2. Disruption, delay, or changes to travel, accommodation, holiday, or itinerary plans;
3. Inconvenience, loss of enjoyment, distress, frustration, or disappointment;
4. Loss, delay, or inability to access personal property, luggage, cargo, or goods carried in the Vehicle;
5. Loss or damage caused by natural events or force majeure circumstances, including but not limited to floods, storms, cyclones, hail, earthquakes, bushfires, road closures, or pandemics;
6. Breakdowns, mechanical failure, accident recovery delays, or unavailability of replacement vehicles;
7. Loss of use of the Vehicle or any replacement vehicle;
8. Loss of income, revenue, profit, business opportunity, or business interruption;
9. Costs of alternative transport, accommodation, towing, storage, or relocation expenses incurred by You;
10. Delay or failure in roadside assistance response times where such delay is caused by third-party service providers, geographic remoteness, weather conditions, or service availability;
11. Loss or damage arising from reliance on navigation systems, GPS units, or in-vehicle technology;
12. Any consequential, indirect, special, exemplary, or economic loss or damage of any kind arising from the rental or use of the Vehicle.

Nothing in this clause excludes, restricts, or modifies any rights or remedies You may have under the Competition and Consumer Act 2010 (Cth) or any other law that cannot be lawfully excluded, restricted, or modified by agreement.

10. Accident and theft reporting

⚠️ IMPORTANT NOTICE
A breach of any part of this Clause 10 constitutes a Major Breach of this Rental Contract.

In the event of a Major Breach, We may, to the extent permitted by law, exercise any rights and remedies available under this Agreement, including those set out in Clause 11, which may include termination of the Rental Contract, immediate repossession of the Vehicle, and recovery of reasonable costs, loss, Damage, or Third Party Loss arising directly from or reasonably attributable to the breach.

Nothing in this clause limits Our rights to take any lawful action available to Us in relation to the Vehicle or the breach.

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:

1. Report the Accident or theft to Us as soon as practicable, and in any event within 24 hours of the occurrence (or as soon as reasonably practicable in the circumstances); and
2. Fully complete and submit any Accident or Theft Report form provided by Us, including all reasonable details and supporting information requested.

Where required by law, You must also notify the Police and obtain a police event or report number.

Failure to comply with these requirements may affect Our ability to investigate, assess, or recover the loss and may, to the extent permitted by law, result in You being liable for any reasonable Damage or Third-Party Loss that is directly caused or materially contributed to by that failure.

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:

1. Any person is injured;
2. The other party fails to stop or leaves the scene without exchanging names and addresses; or
3. The other party appears to be under the influence of alcohol or drugs;

You or the Authorised Driver must also report the theft or Accident to the Police as soon as reasonably practicable and in accordance with applicable law, and obtain a police report or event number where available.

You must provide Us with reasonable details of the police report, including any reference or event number, upon request.

Failure to comply with this clause may, to the extent permitted by law, affect Our ability to investigate or recover losses and may result in You being liable for any reasonable Damage or Third-Party Loss that is directly caused or materially contributed to by that failure.

10.3 Steps You Must Take Following an Accident
If You or any Authorised Driver is involved in an Accident, You and the Authorised Driver must:

1. Exchange names, addresses, phone numbers, and email addresses with all other drivers involved (if safe and reasonably practicable to do so);
2. Take a clear photograph of the other driver’s licence where it is reasonably safe and lawful to do so;
3. Record the registration numbers of all vehicles involved;
4. Take as many photographs as is reasonably practicable, including:
   1. The position of the Vehicles before they are moved (where safe to do so);
   2. All visible Damage to the Vehicle;
   3. Visible damage to third party vehicles or property; and
   4. The surrounding location, including road layout, traffic controls, signage, weather, and lighting conditions;
5. Obtain the names, addresses, phone numbers, and email addresses of any witnesses, where reasonably available;
6. Notify Police where required by law and obtain a police event or report number where available;
7. Not admit liability or responsibility for the Accident except where required by law;
8. Ensure the Vehicle is secured and not left in an unsafe or unprotected position where reasonably practicable;
9. Not authorise any towing, salvage, repair, or recovery of the Vehicle without Our prior written consent, unless required by emergency services or for safety reasons;
10. Where towing is required by emergency services or authorised authorities (including Police or roadside assistance providers), obtain and retain a copy of the towing receipt or tow authority record from the towing operator, where reasonably practicable, and provide it to Us upon request. If such documentation cannot reasonably be obtained at the time due to the circumstances of the Accident, You must provide reasonable details of the towing provider, location, and any reference number as soon as reasonably practicable;
11. Forward all third-party correspondence, claim letters, insurance communications, or court documents relating to the Accident to Us within 7 days of receipt;
12. Co-operate with Us and Our insurers, agents, or legal representatives in relation to the Accident, including providing statements, completing forms, and attending interviews, conferences, or Court proceedings where reasonably required and at reasonable times and locations; and
13. Provide any other reasonable assistance required by Us to investigate, defend, or resolve any claim arising from the Accident.

10.4 Replacement Vehicle
While acting reasonably, We reserve the right not to provide a replacement Vehicle if:

1. The Vehicle has been involved in a major Accident;
2. There has been major Damage or the Vehicle is not roadworthy or safe to operate;
3. You have committed a Serious Breach or Major Breach of the Rental Contract; or
4. The Vehicle has been stolen, declared a total loss, or is otherwise unavailable for use.

We may also decline to provide a replacement Vehicle where:

1. No suitable replacement Vehicle is available due to fleet constraints, operational demand, or location;
2. The incident occurs in a High-Risk Area or Non-Permitted Area of Use;
3. There are outstanding amounts payable under this Agreement; or
4. Further assessment, inspection, or investigation is required before determining liability or repair outcomes.

Where a replacement Vehicle is provided, it will be subject to availability and may not be the same make, model, or category as the original Vehicle.

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:

11. Commit a breach of any part of clause 11.1; or
12. Commit a reckless or dangerous breach of road or traffic legislation; or
13. Use the Vehicle in a manner that creates a significant risk of Damage, theft, Third Party Loss, or personal injury; or
14. Drive the Vehicle under the influence of alcohol, drugs, or any substance impairing Your ability to safely operate the Vehicle; or
15. Allow an unauthorised driver to operate the Vehicle; or
16. Use the Vehicle in a Prohibited Area, Non-Permitted Area of Use, or High-Risk Area in breach of this Agreement; or
17. Fail to comply with a lawful direction from Police or emergency services in connection with the Vehicle; or
18. Materially fail to co-operate following an Accident, theft, or damage event, where such failure prejudices Our ability to assess, recover, or manage loss.

Nothing in this clause limits Our right to take any action permitted by law to recover the Vehicle or protect Our property.

12.2 If the Rental Contract is terminated by Us pursuant to clause 12.1:

You will remain liable, to the extent permitted by law, for all reasonable amounts payable under the Rental Contract arising directly from or reasonably attributable to the relevant breach or incident, including:

1. Damage to the Vehicle;
2. Loss or theft of the Vehicle;
3. Third Party Loss;
4. Reasonable storage, towing, repossession, recovery, and transport costs;
5. Reasonable costs associated with locating, securing, or releasing the Vehicle from impound, holding yards, or compounds;
6. Roadside assistance and call-out charges;
7. Reasonable administrative, mercantile agent, debt recovery, and legal costs incurred in enforcing or recovering the Vehicle or amounts owing;
8. Rental Charges and any other charges accrued up to the date the Vehicle is recovered or returned to Us; and
9. Any reasonable loss of use or loss of revenue suffered by Us while the Vehicle is unavailable for rental as a result of the breach or incident.

Termination of the Rental Contract does not affect any rights, remedies, obligations, or liabilities accrued before termination, including Our right to recover any money owing under the Rental Contract.

You authorise Us, acting lawfully and reasonably, to access the Vehicle and enter private property for the purpose of repossessing or recovering the Vehicle, provided that:

1. We reasonably believe the Vehicle is located at that property;
2. Entry is lawful; and
3. No unreasonable force is used and no unnecessary damage is caused.

Where reasonably necessary to protect the Vehicle, recover the Vehicle, or prevent further loss or Damage, We may disable, secure, or arrange recovery of the Vehicle using lawful means.

Nothing in this clause limits Your rights under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

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
We are committed to respecting Your privacy and handling Your personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth). We will not collect, use, disclose, or retain Your personal information in a manner that is unlawful or inconsistent with Our Privacy Policy.

We collect, hold, use, and disclose personal information for purposes reasonably necessary to provide rental services to You, including:

1. Verifying Your identity and driver’s licence status;
2. Administering and managing the Rental Contract;
3. Processing payments, tolls, infringements, claims, and recovery actions;
4. Arranging insurance, roadside assistance, repairs, towing, or recovery services;
5. Complying with legal, regulatory, and law enforcement obligations; and
6. Protecting Our lawful interests in relation to the Vehicle and the Rental Contract.

If You choose not to provide requested information, We may be unable to provide rental services or complete the Rental Contract.

We take reasonable steps to ensure that personal information We hold is accurate, up to date, complete, and protected from misuse, interference, loss, unauthorised access, modification, or disclosure.

You authorise Us to disclose Your personal information where reasonably necessary for the purposes described in this Agreement, including to:

1. Insurers, claims managers, repairers, towing and roadside assistance providers;
2. Toll road operators and infringement processing agencies;
3. Debt collection agencies, mercantile agents, legal advisers, and credit reporting bodies where permitted by law;
4. Law enforcement, regulatory authorities, or government agencies where required or authorised by law; and
5. Third-party service providers engaged by Us in connection with the Rental Contract.

You may request access to or correction of Your personal information in accordance with applicable privacy laws. Further information regarding how We collect, use, store, and disclose personal information is available in Our Privacy Policy.

13.2 Tracking Device
The Vehicle may be fitted with a GPS tracking device, telematics system, Dash Cam, or other monitoring technology (“Tracking Device”) that enables Us to monitor the Vehicle’s location, condition, operation, performance, and use during and after the Rental Period.

By entering into the Rental Contract, You acknowledge and consent to the collection, use, storage, and disclosure of information obtained from the Tracking Device to the extent permitted by law, including for:

1. Fleet management and maintenance;
2. Vehicle safety and security;
3. Theft prevention and recovery;
4. Accident investigation and claims management;
5. Verification of compliance with this Agreement;
6. Responding to lawful requests from authorities; and
7. Enforcement of Our rights under the Rental Contract.

You must not tamper with, interfere with, disable, obstruct, disconnect, damage, or remove any Tracking Device, Dash Cam, telematics equipment, or associated wiring or components installed in the Vehicle.

Any intentional tampering with or disabling of a Tracking Device or Dash Cam may constitute a Major Breach of the Rental Contract where such conduct materially affects Our ability to locate, recover, monitor, secure, or assess the Vehicle or investigate an incident.

To the extent permitted by law, You may be liable for any reasonable costs incurred by Us arising from tampering with, damaging, or disabling any Tracking Device or Dash Cam, including repair, replacement, recovery, investigation, or loss mitigation costs.

Nothing in this clause limits Your rights under the Australian Consumer Law, the Privacy Act 1988 (Cth), or any other applicable law.

14. Definitions and interpretation

14.1 Definitions

14.1 Definitions
In these Terms and Conditions:

“Accident” means an unintended, sudden, and unforeseen incident involving the Vehicle that results in Damage, loss, or Third Party Loss, including but not limited to:

1. A collision between the Vehicle and:
   1. another vehicle;
   2. a person;
   3. an animal; or
   4. any object, structure, roadside infrastructure, or property;
2. A rollover, jack-knife, slide, or loss of control of the Vehicle;
3. Weather-related events, including hail, storm, flood, falling trees or branches, lightning, or debris impact;
4. Malicious or intentional damage caused by a third party, including vandalism;
5. Theft, attempted theft, break-in, or unlawful interference with the Vehicle; and
6. Accidental fire or explosion involving the Vehicle.

For the avoidance of doubt, “Accident” does not include mechanical breakdown, fair wear and tear, gradual deterioration, manufacturer defect, or Damage arising solely from failure to properly maintain or operate the Vehicle during the Rental Period, unless such issue directly results from an Accident as defined above.

“Authorised Driver” means any person approved by Us to drive the Vehicle and whose details are recorded on the Rental Agreement or otherwise approved by Us in writing prior to operating the Vehicle. An Authorised Driver must hold a current and valid driver’s licence appropriate for the class of Vehicle rented and comply with all requirements of this Agreement.

“City Centre Car Rentals”, “We”, “Us”, and “Our” mean Hobiz Pty Ltd trading as City Centre Car Rentals ABN 15 608 739 608, including its employees, agents, contractors, successors, and authorised representatives.

“Damage” means any loss of, or damage to, the Vehicle, including its body, mechanical components, accessories, equipment, keys, tyres, windscreen, roof, underbody, interior, GPS units, Dash Cams, and other fitted items, that is not fair wear and tear, and includes:

1. The reasonable cost of repair or replacement;
2. Towing, recovery, transport, and salvage costs reasonably incurred;
3. Assessment, inspection, quotation, appraisal, and administrative costs reasonably incurred in connection with the Damage;
4. Loss of Use;
5. storage and impound fees; and
6. Any associated Third-Party Loss arising from the incident.

For the avoidance of doubt, Damage to the windscreen, glass, mirrors, headlights, lights, tyres, wheels, roof, underbody, or interior of the Vehicle that renders the Vehicle unsafe, unroadworthy, or unsuitable for rental is not fair wear and tear.

Damage does not include ordinary wear and tear resulting from normal lawful use of the Vehicle in accordance with this Agreement.

“Damage Cover” means the limited contractual liability protection provided to You and any Authorised Driver under clause 7 in relation to Damage, theft, attempted theft, and Third-Party Loss, subject always to the terms, conditions, exclusions, limitations, and Damage Cover Exclusions contained in this Agreement.

Damage Cover is not insurance and may be reduced, withdrawn, or unavailable in circumstances set out in this Agreement, including where a Major Breach occurs.

“Damage Excess” means the maximum amount, including GST, payable by You to Us in respect of each Accident, theft, attempted theft, or Damage event involving the Vehicle or Third-Party Loss, as specified in the Rental Agreement, including any additional excess applicable to younger or higher-risk drivers under clause 7.3.

The Damage Excess applies separately to each incident unless otherwise expressly stated in this Agreement.

“Claims Management Fee” means the administrative fee payable by You to Us in relation to the assessment, handling, processing, investigation, administration, and management of any Accident, Damage, theft, attempted theft, Third Party Loss, insurance claim, recovery action, or dispute arising during or in connection with the Rental Period.

The Claims Management Fee is charged to recover reasonable administrative and operational costs incurred by Us and is separate from any Damage Excess, towing costs, repair costs, Loss of Use, or other amounts payable under this Agreement.

The applicable Claims Management Fee is a fixed amount of AUD $249 (including GST) per incident.

“End of the Rental” means the later of:

1. The date and time specified in the Rental Agreement for return of the Vehicle; or
2. The date and time the Vehicle is physically returned to and accepted by Us, including completion of any post-rental return procedures reasonably required by Us.

“Loss of Use” means the reasonable loss suffered by Us because the Vehicle is unavailable for rental due to Damage, theft, repair, recovery, assessment, quarantine, cleaning, replacement, or write-off resulting from an Accident, theft, breach of this Agreement, or other incident for which You are liable.

Loss of Use may be calculated on a daily basis by reference to:

1. The daily rental rate shown in the Rental Agreement; or
2. Another reasonable estimate of the Vehicle’s lost rental value during the relevant period.

“Major Breach” means a material breach of this Agreement by You or any Authorised Driver, including:

5. A breach of any part of clauses 2, 3, or 4, or sub-clauses 5.5, 5.6, 5.7, 5.8, or 5.10, that directly causes or materially contributes to Damage, theft of the Vehicle, loss of the Vehicle, or Third-Party Loss;
6. a breach of any part of clause 10 that materially prevents, obstructs, or prejudices:
   1. The investigation or assessment of an Accident, theft, or claim;
   2. The recovery of the Vehicle; or
   3. The prosecution, defence, or resolution of any legal, insurance, or recovery proceedings arising from an Accident, theft, or Damage event; or
7. A material failure to comply with sub-clause 13.2(b), including failure to pay amounts properly due and payable under the Rental Contract.
8. For the avoidance of doubt, a breach will only constitute a Major Breach where it is sufficiently serious, material, or causative in nature having regard to the circumstances of the incident and the resulting loss or risk.

“Off Road” means any area, surface, or terrain that is not a gazetted road, formed roadway, sealed road, or approved Unsealed Road suitable for ordinary vehicle travel, and includes, but is not limited to:

1. Beaches, sand dunes, deserts, mud, paddocks, fields, bushland, and rocky terrain;
2. Fire trails, unformed tracks, access tracks, mining tracks, and private trails;
3. River crossings, creek crossings, tidal crossings, floodwaters, streams, dams, riverbeds, and waterlogged areas; and
4. Any area where driving the Vehicle may expose it to unreasonable risk of Damage, immersion, recovery difficulty, or loss of traction.

“Overhead Damage” means:

1. Damage to the Vehicle; or
2. Third Party Loss,

caused by:

1. contact between any part of the Vehicle at or above the height of the top of the front windscreen and any overhead object, obstruction, structure, awning, bridge, car park, tree, building, or overhanging hazard; or
2. any object, equipment, luggage, cargo, bicycle, surfboard, or other item being placed, secured, transported, or carried on the roof of the Vehicle.
3. For the avoidance of doubt, Overhead Damage includes Damage caused by failure to observe vehicle height clearances or roof load restrictions.

“Rental Station” means the rental location, branch, depot, airport location, or premises from which the Vehicle is rented or returned, as specified in the Rental Agreement or otherwise notified by Us.

“Security Bond” means the amount specified in the Rental Agreement that We pre-authorise, hold, or collect from You at or after the Start of the Rental as security for the performance of Your obligations under the Rental Contract, including payment of Rental Charges, Damage, tolls, infringements, refuelling, cleaning, Loss of Use, and any other amounts payable under this Agreement.

The Security Bond is refundable subject to the terms of this Agreement, including clause 5.2, and may be applied by Us toward amounts properly payable by You under the Rental Contract.

“Start of the Rental” means the date and time the Rental Period commences, as specified in the Rental Agreement or when the Vehicle is first collected by or made available to You, whichever occurs first.

“Third Party Loss” means any loss, damage, cost, liability, claim, demand, or expense relating to third party property or persons arising from the use, operation, or possession of the Vehicle, including:

1. Damage to another motor vehicle or property;
2. Towing, recovery, storage, or assessment costs relating to third party property;
3. Loss of income, economic loss, or consequential loss claimed by a third party; and
4. Legal costs, settlement amounts, or claims handling expenses reasonably incurred in connection with a third-party claim.

“Tracking Device” means any GPS tracker, telematics system, Dash Cam, immobiliser, remote monitoring system, or electronic device installed in or connected to the Vehicle that is capable of recording, transmitting, monitoring, or storing information relating to the Vehicle’s location, speed, movement, operation, condition, driver behaviour, fuel level, or other vehicle data.

“Underbody Damage” means any Damage to the underside, lower body, suspension, steering, exhaust, drivetrain, chassis, sump, fuel system, battery housing, or mechanical components of the Vehicle caused by or resulting from contact with any road surface, kerb, gutter, speed hump, road hazard, wheel stop, object, obstruction, terrain, or uneven surface, where such Damage does not arise solely from a collision with another vehicle.

“Unsealed Road” means a formed and gazetted road that is not surfaced with sealed materials such as tar, asphalt, bitumen, or concrete, but excludes:

1. Roads under temporary construction or roadworks;
2. Off Road terrain; and
3. Any road or track that is unsafe, inaccessible, flooded, closed, or unsuitable for the Vehicle.

“Vehicle” means the motor vehicle described in the Rental Agreement and includes:

1. All tyres, tools, keys, remote devices, accessories, equipment, fittings, and components supplied with or fitted to the vehicle;
2. Any GPS unit, Dash Cam, child restraint, or optional equipment supplied by Us; and
3. Any replacement or substituted vehicle provided by Us during the Rental Period.

“You” and “Your” mean the person, persons, company, business, partnership, organisation, or government agency renting the Vehicle from Us whose name appears on the Rental Agreement, and includes any Authorised Driver where the context permits.

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