1.1 “Agent” shall mean Wialt Pty Ltd T/A Cheapie Car Rental its successors and assigns or any person acting on behalf of and with the authority of Wialt Pty Ltd T/A Cheapie Car Rental.
1.2 “Hirer” shall mean the Hirer or any person acting on behalf of and with the authority of the Hirer, and if there is more than one Hirer is a reference to each hirer jointly and severally.
1.3 “Price” shall mean the cost (including any additional fees and charges) of the hire of a Vehicle (plus any GST where applicable) as agreed between the Agent and the Hirer subject to clause 6 of this contract
1.4 “Vehicle” shall mean any Vehicle supplied by the Agent to the Hirer, and shall include, where applicable, any tools, tyres, accessories, manuals or any other equipment supplied. The Vehicle shall be described on the Hire Agreement or any other commencement forms as provided by the Agent to the Hirer.
1.5 “Hire” shall mean any or all Hire supplied by the Agent to the Hirer and includes any advice or recommendations.
1.6 “Hire Term” means the duration of the Hire/rental period as described in any Hire agreement, invoice, quotation, or any other forms provided by the Agent to the Hirer.
1.7 “GST” means Vehicle and Services Tax (GST) as defined within the “A New Tax System (Vehicle and Services Tax) Act 1999” Cth.
2.1 Any instructions received by the Agent from the Hirer for the supply of Vehicle and/or the Hirer’s acceptance of Vehicle supplied by the Agent shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Hirer has entered into this agreement, the Hirers shall be jointly and severally liable for all payments of the Price.
2.3 The Hirer acknowledges that the Vehicle is the sole property of the Agent and that at the time of receipt of the Vehicle it was in good running condition and fit for the purpose of which you required it and you the Hirer ascertained this upon your own inspection of the Vehicle and not as a result of any representation made by the Agent, or anyone authorised to act on behalf of the Agent.
2.4 At the time this contract is agreed by both parties:
(a) the Hirer accepts and acknowledges that the only existing damage to the vehicle at the commencement of the Hire Term is that which has been acknowledged and photographed by the Agent.
(b) the Hirer has a duty to duly note on the Vehicle Hire agreement any and all damage and/or defect to the Vehicle (and take photographs where necessary). Any damage and/or defect not acknowledged and accepted by the Hirer at this stage, will constitute damage which has occurred subsequent to the commencement of this contract and thus the Hirer shall be liable.
2.5 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Agent and the Hirer.
3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14) of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4.1 Should the booked Vehicle be unavailable for any reason, the Agent reserves the right to substitute an alternative Vehicle without prior notice and at no extra cost to the Hirer. Such substitution shall not constitute a breach of this contract.
5.1 The Hirer shall give the Agent not less than forty-eight (48) hours prior written notice of any proposed change of ownership of the Hirer and/or any change in the Hirer’s details (including but not limited to, changes in the Hirer’s legal status, name, address, contact telephone number/s, fax number/s, email address, business practice, bank account details etc.). The Hirer shall be liable for any loss incurred by the Agent as a result of the Hirer’s failure to comply with this clause.
6.1 At the Agent’s sole discretion, the Price shall be either;
(a) as indicated on invoices provided by the Agent to the Hirer in respect of Vehicle supplied; or
(b) the Agent’s current Price, at the date of delivery of the Vehicle, according to the Agent’s current Price list; or
(c) the Agent’s quoted Price (subject to clause 6.2) which shall be binding upon the Agent provided that the Hirer shall accept in writing the Agent’s quotation within forty-eight (48) hours.
6.2 The Agent reserves the right to change the Price in the event of;
(a) a variation to the Agent’s quotation; or
(b) unforeseen circumstances arising which are outside of the control of the Agent.
6.3 The Agent may charge for Hire a daily or kilometre rate (or a combination of both).
6.4 Any sum received by the Agent from or on behalf of the Hirer at or before the commencement of this agreement shall be held by the Agent as security for the return of the Vehicle and as security for payment of any sums owed by the Hirer to the Agent on the termination of this agreement. Upon the termination of the agreement the Agent shall be entitled to apply any sum so held in payment of all amounts owed by the Hirer under this agreement and any balance shall be refunded to the Hirer.
6.5 At the Agent’s sole discretion;
(a) payment shall be due on delivery of the Vehicle, or
(b) payment shall be due before delivery of the Vehicle, or
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Hirer by the Agent.
6.6 Payment will be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Hirer and the Agent.
6.7 Receipt by the Agent of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. Such payments must be honoured/cleared/recognised before 5pm on the date the payment is due; otherwise a late fee will be charged in accordance with clause 22.1(c).
6.8 The Hirer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Hirer by the Agent nor to withhold payment of any invoice because part of that invoice is in dispute.
6.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
7.1 The Agent will return the deposit to the Hirer within five to seven (5-7) working days of the Vehicle being returned if:
(a) no insurance claim has been made for damages resulting from and accident for which the Hirer is at fault;
(b) there are no outstanding tolls, infringements, fines or penalties relating to the Hire;
(c) the Vehicle has been returned in the same condition as on the Vehicle condition report contained in the Hire agreement; and
(d) there are no monies owing to the Agent under this contract.
8.1 The Agent will:
(a) keep the Hirer’s personal details, including credit card details for only as long as is deemed necessary by the Agent;
(b) not disclose the Hirer’s credit card details to any third party other than approved Payment systems;
(c) not unnecessarily disclose any of the Hirer’s personal information, except is accordance with the Privacy Act (clause 30) or where required by law.
8.2 The Hirer expressly agrees that, if pursuant to this Agreement, there are:
(a) any unpaid fees;
(b) other amounts due and outstanding by the Hirer;
(c) any Vehicle (or any part of them) supplied on hire that are lost or damaged;
(d) any other additional fees are due from the Hirer which were not known at the time of the return of the Vehicle,
the Agent is entitled to immediately charge the Hirer’s nominated credit card for these amounts, and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by the Hirer pursuant to the terms of this Agreement.
9.1 Delivery (“Delivery”) of Vehicle is taken to occur at the time that the Hirer takes possession of the Vehicle at the Agent’s address.
9.2 Any time specified by the Agent for delivery of the Vehicle is an estimate only and the Agent will not be liable for any loss or damage incurred by the Hirer as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Vehicle to be delivered at the time and place as was arranged between both parties.
10.1 The Hire Term shall be for the period as agreed in any Hire agreement, invoice, quotation, or any other forms provided by the Agent to the Hirer.
10.2 The Agent must agree in writing, twenty-four (24) hours prior to the scheduled return date/time, to any extension of the Hire Term beyond that originally agreed upon.
10.3 Should the Hirer terminate the Hire Term before the expiry of the agreed date and time, the Price and Hire Term will be amended only at the sole discretion of the Agent. Early termination fees will apply as per clause 22.2.
11.1 The Hirer must be:
(a) at least Twenty-one (21) years of age; and
(b) hold a valid driving licence; and
(c) have held a valid open licence for at least 12 months; and
(d) not have had their licence cancelled, endorsed or suspended in the last three years.
12.1 The Vehicle may be driven during the Hire Term only by the Hirer and/or any persons named on the Hire agreement and only if they hold a current driver’s licence appropriate and relevant for the particular Vehicle at the time when they are driving the Vehicle.
12.2 If the need arises, the Hirer agrees and acknowledges that consent is given to the Agent to check validity and currency of any drivers licence used in connection with the Hire of any Vehicle under this contract.
12.3 When the Hirer is a company or trust, then it is the responsibility of that company or trust to ensure that any and all drivers of the Vehicle/s hold valid driver’s licences for the Hire Term.
13.1 The distance limit of the Vehicle is eighty-five kilometers (85km) per day of the agreement. The Hirer will be charged twenty cents ($0.20) for every one kilometer (1km) travelled in excess of this limit.
13.2 In relation to any Vehicle/s hired by the Hirer, if the seal of the odometer is broken, or otherwise tampered with in any way whatsoever, the Hirer will be liable to pay to the Agent the full cost of repairing or replacing (whichever is so required in the circumstances) the odometer. Furthermore, the Agent will add a fee to the Price which will either be:
(a) forty dollars ($40.00) per week in where the Hire Term is seven (7) days or more; or
(b) ten dollars ($10.00) per day in the case of daily hire.
14.1 The Hirer shall, where applicable, ensure that:
(a) the water in the radiator and battery of the Vehicle is maintained at the proper level; and
(b) the oil in the Vehicle is maintained at the proper level; and
(c) the tyres are maintained at their proper pressure;
(d) return the Vehicle to the Agent for service as indicated on the service sticker, or otherwise when requested by the Agent.
14.2 The Hirer acknowledges and accepts that they must return the Vehicle with the same full level of fuel in the fuel tank as when the Vehicle was collected) In the event the Vehicle needs to be refueled upon its return from Hire then the costs of refueling (which shall be three dollars ($4.50) per litre required) shall be in addition to the Price and shall be immediately due and payable by the Hirer.
14.3 The Hirer shall:
(a) when refueling the Vehicle, ensure the correct fuel type is used;
(b) ensure that all reasonable care is taken in handling and parking the Vehicle;
(c) ensure that the Vehicle is left securely locked when not in use;
(d) be liable for any toll ways, parking or traffic infringement/s and will supply relevant details as required by the Police and/or the Agent relating to any such parking or traffic infringement/s and/or offences, impoundment, towage and storage;
(e) not exceed the weight, passenger and/or tow capacity of the Vehicle (where applicable);
(f) not operate the Vehicle whilst under the influence of a drug, intoxicating liquor or substance;
(g) comply with all federal and state laws; the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be relevant to the use of the Vehicle and vehicular traffic (including but not limited to, any road rules, work health and safety (WHS) laws and any other relevant safety standards and/or legislation;
(h) keep the Vehicle within the authorised areas of us in accordance with clause 16 (unless the Agent expressly agrees otherwise);
(i) not use or permit the Vehicle to be used for the carriage of passengers for Hire or reward;
(j) not carry any animals in any vehicle without the written permission of the Agent;
(k) not operate the Vehicle in a dangerous, wilful or reckless manner;
(l) not use the Vehicle for any purpose other than that for which it was designed;
(m) follow any instructions or guidelines provided by the Agent and/or the manufacturer of the vehicle;
(n) sublet or Hire the Vehicle to any other person;
(o) permit the Vehicle to be operated without their authority and then only by an authorised driver named on the front of this Agreement;
(p) operate the Vehicle or permit it to be operated in any race, speed test, rally, or contest, or on any closed road or non-public roadway;
(q) not smoke in the Vehicle. Where the Hirer has not complied with this clause, the Agent reserves the right to add a two hundred and fifty dollar ($250.00) deodorising fee to the Price.
(r) return the Vehicle in a reasonable state of cleanliness. Where the Hirer has not complied with this clause, the Agent reserves the right to add a Three hundred and fifty-dollar ($375.00) fee to the Price.
15.1 The Agent shall supply the Vehicle in a safe and roadworthy condition.
15.2 The Agent shall be responsible for all ordinary and extraordinary costs of running the Vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the Hirer.
16.1 The Hirer must not take or allow the Vehicle to be taken any further than one hundred and fifty kilometers (150kms) beyond the boundaries of:
(a) Gold Coast City Council.
16.2 The Hirer shall not drive the Vehicle:
(a) on beaches, through streams, rivers, lakes, creeks, dams, streams, floodwaters etc.
(b) on flood-prone roads, or any roadway where Police or other government authority have issued a warning or caution.
(c) on any unsealed roads, in off-road conditions and/or into remote areas on undefined roads or tracks.
(d) above the snow-line.
17.1 In the event of an accident the Hirer must:
(a) record the time, date and location of the accident;
(b) record the other parties’ full names, addresses, vehicle registrations, car make and model, and any damage whatsoever caused;
(c) record the name of the other parties’ insurance company;
(d) not admit liability;
(e) notify the nearest police station within twenty-four (12) hours of the accident;
(f) report the accident to the Agent within twenty-four (12) hours at the location where the Vehicle was hired; and
(g) fully complete and sign the accident report form;
(h) pay any excess due as agreed to by the Hirer under this contract.
17.2 Any admission by the Hirer of liability for any claim, loss or demand is a breach of this contract.
18.1 If the Vehicle is damaged, or requires repair or salvage, whether because of any accident or breakdown, the Hirer shall advise the Agent of the full circumstances at the earliest opportunity and no later than twenty-four (24) hours.
18.2 The Hirer shall not arrange or undertake any repairs or salvage without the authority of the Agent except to the extent that the repairs or salvage are necessary to prevent further damage to the Vehicle or to other property.
18.3 The Hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the Vehicle.
18.4 Upon request from the Agent; the Hirer must take the Vehicle (where possible) to the nominated service centre; the Hirer is also responsible for the collection of the Vehicle in this instance.
18.5 The Hirer is responsible for any/all tyre, rim, window, windscreen damage that has occurred during the contract Hire Term.
19.1 If the Vehicle breaks down, the Hirer is required to:
(a) contact the Agent immediately, or otherwise at the earliest opportunity; and
(b) stay with the Vehicle until a towing service has collected the Vehicle and it has been relocated to a safe location.
19.2 The Hirer shall use the Agents break down service where the Vehicle has broken down within the authorised area. The Agent’s towing service is free of charge if:
(a) the Hirer is not in breach of this contract; and
(b) the Hirer is not responsible for the break-down of the Vehicle.
19.3 Where the Hirer is non-compliant with clause 19.2(a) and 19.2(b), the Price of the Agent’s towing services is one hundred and twenty dollars ($120.00) per request. Where an alternative towing service is selected, the Hirer is responsible for the associated costs.
19.4 If the Vehicle has broken down due to no action or inaction by the Hirer, and this contract has not been breached in any way by the Hirer, the Agent will endeavor to organise a replacement vehicle for the Hirer while the broken down Vehicle undergoes repairs. In the event a replacement Vehicle cannot be supplied, the Agent is not in breach of this contract and/or under no obligation to refund the Hirer any amount in respect of the period of time the Vehicle undergoing said repairs. Where the Agent does grant a refund to the Hirer, that refund amount shall be settled at the end of the agreement.
20.1 The Hirer accepts and agrees to return the Vehicle to the agreed return location on the specified and agreed date and time.
20.2 At the Agents sole discretion, a relocation fee will be applicable to any Vehicle being left at any other agent or business address or any other place other than the address from which the Vehicle was hired and all fees to reposition the Vehicle to its original business address shall become chargeable.
20.3 When a Vehicle is left at any place other than the premises of the Agent, then termination of the Hire Period shall take effect once the Vehicle inspection has occurred at the time and place of the collection. The Hirer will be responsible for the Vehicle up until the time of collection, inspection and termination.
20.4 Where the Hirer returns the Vehicle to the Agent late, the Hirer will be charged forty dollars ($40.00) per day plus the standard day rate until the Vehicle is returned/collected and inspected.
20.5 If the Hirer returns the Vehicle to the agreed return location and it is outside normal business hours: the Vehicle will be deemed to have been returned at the time and date that business next opens for business; and the Hire Term shall continue until that time. Unless agreed otherwise in writing by the Agent, the Hirer remains fully responsible for the Vehicle and shall be charged late fees in accordance with clause 20.4 above.
20.6 Where a Vehicle is not returned at the time, date and location agreed upon, the Agent, at its sole discretion, may report the Vehicle to the police as stolen.
20.7 The Hirer shall return the Vehicle in the same clean and tidy condition, except for ordinary wear and tear (not including wind-screen or tyre damage) at the expiry of the Hire Term.
21.1 The Agent shall have the right to terminate the Hire and take immediate possession of the Vehicle if the Hirer fails to comply with any of the terms of this agreement, or if the Vehicle is damaged. In this instance, the Hirer shall be responsible for all collection, repossession fees or any other associated costs.
21.2 The termination of the hire under the authority of this clause 21 shall be without prejudice to the other rights of the Agent and the rights of the Hirer under this Agreement or otherwise.
22.1 The Hirer is responsible for the payment of any tolls, fines, traffic infringement notices and parking tickets. An administration fee of:
(a) seventy-five dollars ($75.00) fee will be charged for each parking ticket or infringement incurred; and
(b) twenty dollars ($20.00) fee for each toll charge to the Agent’s account; and
(c) forty dollars ($40.00) fee will be charged daily for any late payment made after 5pm on the due date (includes late payment of admin fees); refer clause 6.7.
22.2 Where the Hirer returns the Vehicle before the completion of the Hire Term agreed, an early return fee will apply. Such a fee will apply from the time of the return of the Vehicle to an agreed location or the original agreement end date, whichever occurs first and will be calculated as the following:
(a) one – six (1-6) day Hire charged at one (1) day at daily rate;
(b) seven – twenty-eight (7-28) day Hire charged at two (2) days at daily rate;
(c) twenty-eight (28) day Hire charged at five (5) days at daily rate.
23.1 The Agent offers only basic third party insurance with an excess of three thousand, five hundred dollars ($3,500) (plus $400 extra for ages 22-25).
23.2 Where any loss, damage or claim arises, the Hirer is liable to pay the full excess amount as per clause 23.1; any excess due is immediately payable to the Agent upon any loss, damage or claim arising.
23.3 The Hirer reserves the right to reduce the excess amount with the third-party insurer.
23.4 A list of third-party insurers can be provided by the Agent upon request.
23.5 In the event of an accident/incident that results in loss, damage or a claim, the Hirer is responsible for all costs associated with the return of the Vehicle.
23.6 In the event of an accident/incident that results in loss, damage or a claim; the Hirer accepts full liability.
24.1 The Hirer shall indemnify the Agent in respect of any loss of rental fees where due to damage and/or negligence by the Hirer (or if the Vehicle becomes a write-off or has been stolen etc.) the Vehicle needs repair and there is a waiting time incurred for such repairs to be completed. Such fees shall be calculated according to the contractual daily rate agreed between the parties under this contract.
25.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
25.2 Upon assenting to these terms and conditions in writing the Hirer and the Guarantor acknowledge and agree that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all Vehicles that have previously been supplied and that will be supplied in the future by the Agent to the Hirer.
25.3 The Hirer and the Guarantor undertake to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Agent may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 25.3(a)(i) or 25.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Agent for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Vehicle charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Agent;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Vehicle in favour of a third party without the prior written consent of the Agent; and
25.4 The Agent, the Hirer and the Guarantor agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
25.5 The Hirer and the Guarantor waive their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
25.6 The Hirer and the Guarantor waive their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
25.7 Unless otherwise agreed to in writing by the Agent, the Hirer and the Guarantor waive their right to receive a verification statement in accordance with section 157 of the PPSA.
25.8 The Hirer and the Guarantor must unconditionally ratify any actions taken by the Agent under clauses 25.3 to 25.5.
25.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.
26.1 In consideration of the Agent agreeing to supply the Vehicle, the Hirer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Hirer either now or in the future, to secure the performance by the Hirer of its obligations under this contract (including, but not limited to, the payment of any money).
26.2 The Hirer indemnifies the Agent from and against all the Agent’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Agent’s rights under this clause.
26.3 The Hirer irrevocably appoints the Agent and each director of the Agent as the Hirer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 26 including, but not limited to, signing any document on the Hirer’s behalf.
27.1 The Hirer must inspect the Vehicle immediately prior to the Hire Term commencing and notify the Agent in writing (on the Vehicle Hire agreement form) of any evident defect/damage, shortage in quantity, or failure to comply with the Hire agreement, description or quote in any way. Any defect/damage, shortage in quantity or failure to comply not acknowledged and accepted by the Hirer at this stage, will constitute damage which has occurred subsequent to the commencement of this contract and thus the Hirer shall be liable.
27.2 If the Agent is required to rectify, re-supply, or pay the cost of re-supplying the Hire of any Vehicle under this clause or the CCA, but is unable to do so, then the Agent may refund any money the Hirer has paid for the Hire of the Vehicle but only to the extent that such refund shall take into account the value of any consumables which have been provided to the Hirer which were not defective.
27.3 Notwithstanding any provisions in this clause 27, but subject to the CCA, the Agent shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:
(a) the Hirer failing to properly maintain or store any Vehicle;
(b) the Hirer interfering with the Vehicle in any way without the Agent’s written approval to do so;
(c) the Hirer using the Vehicle for any purpose other than that for which it was designed;
(d) the Hirer continuing the use of the Vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(e) the Hirer failing to follow any instructions or guidelines provided by the Agent;
(f) fair wear and tear, any accident, or act of God;
(g) the Hirer failing in any way whatsoever to comply with clause 14.
27.4 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
27.5 Where the Hirer hires the Vehicle as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
28.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Agent’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
28.2 If the Hirer owes the Agent any money the Hirer shall indemnify the Agent from and against all costs and disbursements incurred by the Agent in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Agent’s contract default fee, and bank dishonour fees).
28.3 Further to any other rights or remedies the Agent may have under this contract, if the Hirer has made payment to the Agent, and the transaction is subsequently reversed, the Hirer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Agent under this clause 28 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Hirer’s obligations under this agreement.
28.4 Without prejudice to any other remedies the Agent may have, if at any time the Hirer is in breach of any obligation (including those relating to payment) under these terms of hire the Agent may suspend or terminate the supply of the Vehicle/s to the Hirer and any of its other obligations under this contract. The Agent will not be liable to the Hirer for any loss or damage the Hirer suffers because the Agent has exercised its rights under this clause.
28.5 Without prejudice to the Agent’s other remedies at law the Agent shall be entitled to cancel all or any part of the Hire agreement which remains unperformed and all amounts owing to the Agent shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Agent becomes overdue, or in the Agent’s opinion the Hirer will be unable to meet its payments as they fall due; or
(b) the Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.
29.1 The Agent may cancel these terms and conditions or cancel delivery of the Vehicle at any time before the Vehicle is delivered by giving written notice to the Hirer. The Agent shall not be liable for any loss or damage whatever arising from such cancellation.
29.2 In the event that the Hirer cancels delivery of the Vehicle, the Hirer shall be liable for loss of the booking fee of thirty dollars ($30.00) and if deemed necessary any loss incurred by the Agent (including, but not limited to, any loss of profits) up to the time of cancellation or as a direct result of the cancellation.
30.1 The Hirer and/or the Guarantor/s (herein referred to as the Hirer) agree for the Agent to obtain from a credit reporting agency a credit report containing personal credit information about the Hirer in relation to credit provided by the Agent.
30.2 The Hirer agrees that the Agent may exchange information about the Hirer with those credit providers either named as trade referees by the Hirer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Hirer; and/or
(b) to notify other credit providers of a default by the Hirer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Hirer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Hirer.
The Hirer understands that the information exchanged can include anything about the Hirer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
30.3 The Hirer consents to the Agent being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
30.4 The Hirer agrees that personal credit information provided may be used and retained by the Agent for the following purposes (and for other purposes as shall be agreed between the Hirer and Agent or required by law from time to time):
(a) the provision of Vehicle; and/or
(b) the marketing of Vehicle by the Agent, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Hirer’s credit, payment and/or status in relation to the provision of Vehicle; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Hirer; and/or
(e) enabling the daily operation of Hirer’s account and/or the collection of amounts outstanding in the Hirer’s account in relation to the Vehicle.
30.5 The Agent may give information about the Hirer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Hirer;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Hirer.
30.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Hirer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Hirer’s application for credit or commercial credit and the amount requested;
(c) advice that the Agent is a current credit provider to the Hirer;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Hirer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of the Agent, the Hirer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Hirer’s credit obligations);
(g) that credit provided to the Hirer by the Agent has been paid or otherwise discharged.
31.1 Any written notice given under this contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this contract;
(c) by sending it by registered post to the address of the other party as stated in this contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
(e) if sent by email to the other party’s last known email address.
31.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
32.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
32.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which the Agent has its principal place of business, and are subject to the jurisdiction of the Beenleigh Courts in that state.
32.3 Subject to clause 27, the Agent shall be under no liability whatsoever to the Hirer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Agent of these terms and conditions (alternatively the Agent’s liability shall be limited to damages which under no circumstances shall exceed the Price).
32.4 Neither party shall assign or sub-contract all or any part of their rights and obligations under this agreement without the written consent of the other party.
32.5 The Hirer agrees that the Agent may amend these terms and conditions by notifying the Hirer in writing. These changes shall be deemed to take effect from the date on which the Hirer accepts such changes, or otherwise at such time as the Hirer makes a further request for the Agent to provide a Vehicle on hire to the Hirer.
32.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
32.7 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.
