HIRE CAR OUT OF INDIA TERMS AND CONDITION CONTRACT

1. Your RENTAL CONTRACT


1.1 This Contract (Rental Contract) You have entered into with mycar
consists of the rental document You have signed for the hire of
the Vehicle (Rental Agreement) and these terms and conditions
of rental (Terms and Conditions). When We refer to the Rental
Contract We mean both the Rental Agreement and the Terms and
Conditions.


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


1.3 Please read the Rental Contract carefully. If there is anything
that You do not understand please ask at the Rental Station
before signing the Rental Contract, as Your signature is Your
acknowledgement that You have read and understood the Rental
Contract in its entirety and that You are bound by it.


1.4 There are words and phrases used in the Rental Contract that have a
particular meaning that You need to be familiar with.


*Accident means an unintended, unforeseen, happening, incident or
mishap, which is neither expected nor designed.


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


*Commercial Vehicle means a Vehicle that is a van, utility, truck or bus
that is constructed and used for the carriage of goods or property or for
the transport of more than 8 persons including the driver.


*Customer Own Insurance means that Your Rental Contract provides
no cover for Damage arising from the use of the Vehicle and that all
Damage, including that to any third party, is Your sole responsibility
and must be paid in full by You. It also means that You indemnify Us
for all Damage.


*Damage means any loss or damage to, or theft of, the Vehicle, towing
and salvage fees, assessing fees, Loss of Use and any loss or damage to
third party property.


*Damage Liability Fee (DLF ) means the amount payable to Us in the
event of Damage arising from an Accident. The amount payable is
shown in the Rental Agreement and is subject to GST.


*Debit Card means Debit MasterCard or Visa Debit Card.


*rent car means CLA Trading Pty Ltd ABN 81 082 220 399 trading
as car Australia “the owner” on the Rental Agreement or where
applicable an independent car licensee.


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


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


*Off Road means any area that is not a gazetted road nor a sealed
road nor an 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.


*Other Cover Products means Super Peace of Mind (SPO M),
Peace of Mind (PO M), Loss Damage Waiver (LDW) and Windscreen
Headlight and Tyre Puncture (WWI ).


*Overhead Damage means any damage at or above the level of
the top of the front windscreen of the Vehicle and to any part of the
pantech or box section of a Commercial Vehicle.


*Premium Location Surcharge (PLS ) means the extra amount payable
to Us when a Vehicle is hired from a premium location. The amount is
shown in the Rental Agreement, is subject to GST and is adjusted if a
DLF is payable.


*Rental Charges means all rental and associated charges plus GST
or other taxes and levies required by law, and credit card and vehicle


2. Rental PerioD


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


2.2 The Vehicle must be returned to the Rental Station, on the date and
by the time shown in the Rental Agreement.


2.3 We understand that circumstances change and that You may require
the Vehicle for longer than the Rental Period. If so, You must notify
Us at least 2 hours prior to the expiration of the Rental Period.


2.4 If We have agreed to an extension of the Rental Period and:


(a) You are paying by cash, cheque or Debit Card, You must take
the Vehicle to the nearest mycar rental station and pay Your
additional Rental Charges prior to the commencement of the
extended Rental Period; and if,


(b) Your extended Rental Period is longer than 30 days, You
must take the Vehicle to Your nearest car rental station
on day 29 and every 30 days thereafter to pay Your additional
Rental Charges for the extended Rental Period;
unless You have Our prior written agreement varying these
conditions.


2.5 If You fail to notify Us at least 2 hours before the expiration of the
Rental Period that You require an extension We may:


(a) terminate the Rental Contract; and
(b) recover the Vehicle by lawful means


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


2.7 We reserve the right to substitute a suitable replacement vehicle
at any time.


3. Costs, charges & Payment


3.1 At the end of the Rental Period You must pay Us:
(a) the Rental Charges;
(b) all reasonable costs to return the Vehicle to the same
condition it was in at the Start of Rental including but not
limited to extra cleaning;
(c) any amounts payable under clauses 3.6, 4.6 and 4.7.


3.2 If there is Damage You must pay the DLF to Us unless:
(a) You have purchased SPOM; or
(b) Your Rental Contract is for Customer Own Insurance in which
case You are liable for all Damage.


3.3 If You have not paid the DLF as required by clause 3.2 You are in
breach of the Rental Contract. You then have no cover and are
liable for each of the items and amounts payable under clause
4.7.


3.4 When collecting the Vehicle the primary cardholder must be
present.


3.5 The Vehicle is supplied with a full tank of fuel. If You do not take
the “prepaid fuel” option and return the Vehicle without a full tank
of fuel a refuelling charge will apply. You must also pay for any
fuel used for the delivery and collection service.


3.6 You are liable for and must pay:
(a) all tolls or levies;
(b) speeding and traffic fines, infringements and penalties;
(c) costs, infringements or penalties arising from parking,
clamping, towing, or release from compounds;
(d) court fees or costs,
arising out of the use of the Vehicle whether You were driving the
Vehicle or not.


3.7 We may supply Your details to any regulatory authority upon its
request and an administration fee applies if We do. If We have
paid any amount for which You are liable under clause 3.6 You will
also be charged that amount together with the administration fee.


3.8 You authorise Us to charge Your car Account with all
amounts due to Us under the Rental Contract, including the DLF
and any amounts payable under clauses 3.6, 4.6 or 4.7. These
charges may be made at any time during or after the end of the
Rental Period.


3.9 If You hired the Vehicle from a premium location a PLS will apply.


3.10 If currency conversion is required for payment of amounts due
to Us under the Rental Contract, We will apply the commercial
exchange rate valid at the time We credit or debit Your car
Account.


3.11 If You fail to pay Us any amount due under the Rental Contract
You must also:
(a) pay Us interest on that overdue amount calculated at the
rate of 10% per annum and starting 7 days after the date
that overdue amount became payable to Us and ending on
the date of payment of all amounts due;
(b) pay the reasonable costs and charges We incur in
recovering or attempting to recover that overdue amount,
including mercantile or debt collection fees, commission
and any legal costs.


5. CUSTOMER OWN INSURANCE


5.1 If the Rental Agreement records that Your Rental Contract is for
Customer Own Insurance:


(a) all Damage arising from the use of the Vehicle is Your
responsibility and must be paid in full by You; and
(b) You fully indemnify Us for:
(i) Damage; and
(ii) any demand, claim, including a claim for legal costs,
action or proceeding made, commenced or issued by or
against You,
that arises from the use of the Vehicle.


6. Your responsibilities


6.1 In this section, We set out the responsibilities You have to Us
when You hire one of Our vehicles. You should be aware that a
failure to fulfill any of these responsibilities is a breach of the
Rental Contract with the consequences that are set out in clause
4.7.


6.2 The Vehicle must only be driven by You.


6.3 You must:


(a) be no less than 21 years of age and additional charges will
apply for specific vehicles and drivers under the age of 25;
(b) hold a full, current, unrestricted driving licence for the
Rental Period valid for the Vehicle and which is written in
English or an international licence translated into English;
(c) allow Us to inspect Your licence at any time during the
Rental Period;
(d) fully inspect the Vehicle at the Start of Rental to ensure the
condition of the Vehicle and any pre-existing damage is
accurately noted and shown in the Rental Agreement. If
there is any discrepancy, You must notify Us prior to leaving
the Rental Station;
(e) tell Us if You will be using the Vehicle to drive interstate.


6.4 During the Rental Period You must:


(a) take all reasonable care of the Vehicle:


(i) to prevent Damage;
(ii) to ensure that the Vehicle is not overloaded by the
number of persons or by the weight of goods carried;
(iii) by using any security device fitted to or supplied with
the Vehicle; and
(iv) by protecting the Vehicle against inclement weather;


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


(c) maintain all of the Vehicle’s engine and brake oils, engine
coolant levels and tyre pressures;
(d) use the correct fuel type;


7. Our responsibilities


7.1 When You make a reservation with Us We will provide a Vehicle that
is in good working order for the Rental Period.


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


7.3 Charges under the Rental Contract that are calculated and invoiced
to You at the time You return the Vehicle to Us at the end of the Rental
Period are subject to subsequent verification by Us. Details of any
adjustments will be provided to You as soon as practicable.


8. Breakdown, Accident & Repair


8.1 Inherent mechanical faults in the Vehicle receive free roadside
assistance.


8.2 Fees and charges apply for all other faults or driver induced errors,
including but not limited to:


(a) incorrect refuelling; (b) a flat battery; (c) lost keys; (d) keys locked
in the Vehicle; (e) tyre changing.
the Rental Agreement, or when the Rental Station is closed, or any
place other than a mycar rental station:


(a) a one way fee may apply;
(b) You will be deemed to have returned the Vehicle only after the
Final Inspection of it has been conducted by Us; and
(c) the Rental Charges will continue and You will be responsible for
Damage until that Final Inspection.


9. End of Rental Contract


9.1. At the end of the Rental Period, in addition to Your obligations under
clauses 3.1 and 3.2, You must return the Vehicle to Us:
(a) to the Rental Station;
(b) in the same condition it was in at the Start of Rental;
(c) at the date and time set in the Rental Agreement.


9.2 We allow a grace period of 30 minutes for the return of the Vehicle
but if it is returned to Us more than 30 minutes after the time set for
its return in the Rental Agreement You will be charged one full day’s
extra rental. Standard daily rates will apply if the Vehicle is returned
to Us more than 24 hours after the time set for its return in the Rental
Agreement unless the Rental Contract has been extended by Us.
You will also be liable for any repossession charges, Damage or any
costs We incur.


10. Privacy Policy
10.1 We collect and use Your personal information to provide You with the
best level of service possible.


10.2 We respect Your privacy so We take all reasonable steps to make
sure that Your personal information is accurate and up to date and
that it is protected from misuse, unauthorised access or wrongful
disclosure.


10.3 Your personal information may be disclosed to related and nonrelated
third parties with whom We have arrangements to protect
Your privacy, such as one of Our program partners.


10.4 Your personal information may also be entered into Our centralised
database which is managed by mycar International and may be
accessed by personnel, franchisees and licensees within that group,
all of which are governed by group rules that protect Your privacy.
10.5 We recommend that You visit 


where Our privacy policy is comprehensively set out.