Lucky Rentals – Relocation Terms and Conditions – Australia Dated 10 August 2013 Effective 10 August 2013 – 30 June 2014

All tariffs are in Australian Dollars (AU$) and are inclusive of Australian Goods and Services Tax (GST).

“Lucky Rentals” refers to Lucky Rentals PTY Limited, an Australian registered company.

These terms and conditions are governed by the legislation and laws in force in the State of Western Australia.

Rates

Daily hire charges are calculated on a per calendar day basis.

Daily hire charges cannot be altered once a booking has been confirmed (subject to changes in legislation or errors).

Minimum hire periods and one-way hires

Minimum hire periods apply. They are subject to change and will be notified to the hirer prior to booking confirmation.

All hires must conclude at Lucky Rentals' Perth branch.

Pick up and drop off

Hours of operation are 9am to 4:30pm, Monday to Friday and 9am to 1pm Saturday. Lucky Rentals is closed on Sundays and all Public Holidays.

A set pick up and drop off time is required on each booking. Lucky Rentals reserves the right to release the vehicle 24 hours after the scheduled pick up if the hirer has not advised Lucky Rentals of any change to pick up date. The vehicle must be dropped off at the specified time. Lucky Rentals allows a grace period of 59 minutes. A fee equal to the daily rental rate may apply for drop offs after this time.

Drivers requirements and licence

No special drivers licence is required to drive in Australia, however all drivers must hold a current valid drivers licence for the duration of the hire period.

No minimum or maximum age restriction applies.

Multiple rentals

Should the hirer have more than one rental, bookings can be combined to qualify for duration of hire discounts if all travel is within a 6 month period. If the drop off of one vehicle and the pick up of a new vehicle occurs on the same day then each day will be charged separately per respective rental. This applies to vehicles rented from Lucky Rentals in either Australia or New Zealand.

Deposit and payments

To secure a booking a non-refundable deposit of AU$100 is required. This deposit will vary if booked through an agent. The remaining balance is payable upon collection of the vehicle.

Please note that the correct amount is required for all cash payments as no change is available.

A non-refundable surcharge fee of 2.0% on all Visa and MasterCard transactions and 5.0% on any American Express transactions applies.

Lucky Rentals requires a credit card to be used as a bond on all rental agreements and this must be the credit card of the main hirer unless prior arrangements have been made.

A cash bond can be used however this will be the insurance excess or a minimum of AU$250 and be retained by Lucky Rentals for 28 days following the conclusion of the hire.

Lucky Rentals reserves the right to process a customers credit or debit card pertaining to the rental after the hire period.

The hirer is liable for all administration, collection and legal costs in respect of charges payable under these terms and conditions.

Amendments

If an amendment is made to the hire dates within 10 days prior to pick up or during the hire, no refund is available.

If the hirer wishes to extend the rental whilst on hire, authorisation must be obtained from Lucky Rentals. Any extension is subject to fleet availability and additional cost. The daily rate for an extension may differ from the original rate booked. Failure to obtain authorisation (i.e. a late return) will

result in the hirer being charged the daily rate plus an additional AU$200 for each day.

If the vehicle is collected late or returned early for any reason there is no refund available for the unused portion of the hire.

Cancellations

Please note that the deposit is non-refundable. Cancellation fees are as follows:

Cancelled 1 – 10 days prior to pick up

50% of the rental (including accessories and insurance) is payable to Lucky Rentals and/or the booking agent.

Cancelled on the day or no show

100% of the rental (including accessories and insurance) is payable to Lucky Rentals and/or the booking agent.

Hirer’s responsibility

It is the hirer's responsibility to:

•  Ensure that child seats and restraints are not used in the hired vehicle

•  Be aware of, and comply with, all Australian legislation including, but not limited to, Western Australia Department of Transport rules and regulations

•  Ensure that the gas bottle is off (unlocked) whilst driving and that the rear or sliding door of the vehicle is open when the gas cooker is used

•  Return the vehicle washed (outside is free of dirt), vacuumed and tidy.

  Fuel

The vehicle is supplied with a full tank of fuel and must be returned with a full tank of fuel. If the vehicle is returned without a full tank of fuel, the hirer is liable for the cost of the refuelling, plus a fee of AU$25.

Extra fees

If the vehicle is not returned washed, vacuumed and tidy, a fee of AU$100 will apply

All vehicles are designated smoke free. If smoking is undertaken inside the vehicle, a fee of AU$100 will apply

Traffic infringements and fines

All traffic infringements and fines (including speeding, parking, freedom camping and toll road infringements) are the liability of the hirer.

The hirer authorises Lucky Rentals to charge the hirer’s credit or debit card the cost of the infringement, plus a processing fee of AU$50 in the event notification of an infringement notice or fine is received by Lucky Rentals from a relevant authority.

Insurance

Lucky Rentals does not deduct the insurance excess (bond) from the hirer's credit or debit card, but merely hold the authority to deduct if necessary.

The hirer is liable for all damages to the vehicle regardless of who is at fault. If the hirer is not at fault, and a third party admits liability, then a refund will be processed upon receipt of payment from the third party.

The hirer’s liability is covered by Lucky Rentals’ insurance policy to a maximum of AU$5,000,000.

Insurance does not cover the hirer’s personal belongings.

The hirer is fully liable for any and all damages or costs when:

These terms and conditions are breached

Negligence or willful misconduct has occurred

Incorrect or contaminated fuel is used (this includes running out of fuel or putting fuel in the water tank or system)

The vehicle is used in contravention of any legislation or regulation

 

•   The hirer takes the vehicle onto a beach or sand

•  The vehicle becomes submerged, bogged or immobile

•  The hirer is involved in a single vehicle rollover. This includes, but is not limited to, a vehicle that has rolled, tipped, or fallen over on its side

•  Driving on gravel or unsealed roads (there are no restrictions on which roads the vehicle can be driven on however travel on gravel or unsealed roads voids all liability limitations and coverages)

•  Retrieving, storing and recovering the vehicle to the agreed rental location following an accident

•  The hirer has failed to stop and contact Lucky Rentals when a warning light appears on the dashboard

•  The hirer continues to drive the vehicle following the temperature gauge moving in a direction which shows a departure from the normal operating temperature

•  The hirer continues to drive the vehicle after a mechanical breakdown or failure (including an accident) has occurred

•  The hirer has an accident involving an animal whilst driving between dusk and dawn (night driving) outside of any city limits.

  Excess reduction options

  For peace of mind, Lucky Rentals recommends the hirer take Sure Thing Insurance.

  There are three levels of insurance excess options available to the hirer.

  The Gambler

  Lucky Rentals’ rates include standard vehicle insurance with an excess of AU$2000. i.e. There is no extra cost.

  On the Fence

  The hirer can pay an additional AU$10 per day (with a minimum of fifteen (15) days to a maximum of fifty (50) days) and reduce the insurance excess/bond to AU$1000.

  Sure Thing

  The hirer can pay an additional AU$20 per day (with a minimum of fifteen (15) days to a maximum of fifty (50) days) and reduce the insurance excess/bond to AU$0 ($nil).

  Sure Thing Insurance includes the following:

•  One complete windscreen replacement or multiple windscreen

  chips

•  Multiple tyre replacement

  Accidents

  A non-refundable administration fee of AU$75 will apply in the event of an accident that requires an insurance claim to be lodged. This is irrelevant of whether the hirer or a third party is at fault and will be applicable on a per claim basis.

  The hirer will be responsible for all associated costs in retrieving, storing and recovering the vehicle to the agreed rental location irrelevant of whether the accident is the hirer’s fault or a third party. This cost is not covered under any insurance excess options and is in addition to respective insurance option excess levels.

  If an exchange vehicle is required it is the hirer’s responsibility, and at their cost, to return to the nearest Lucky Rentals depot to collect the exchange vehicle. Prior to the collection of an exchange vehicle the daily rate will still apply and Lucky Rentals accepts no liability for loss of travel days and associated costs.

  Lucky Rentals cannot guarantee an exchange vehicle following an accident. Any exchange vehicle may take up to three (3) days to be available and may not be an identical vehicle. This is irrespective of whether the hirer or third party is at fault.

  In the event of an exchange vehicle being required, any insurance excess options are not transferable to the exchange vehicle.

  If an exchange vehicle is not required by the hirer no refund for the unused portion of the hire is applicable.

  It is unlikely that a replacement vehicle will be available in the event of an accident whilst on relocation from the East Coast to the West Coast.

  Mechanical faults

  The hirer shall take all reasonable care to ensure that the vehicle is properly checked and maintained during the hire period. This shall include daily checks of the oil, water and tyre pressures.

  The vehicle is covered by 24 hour, 7 days road-side assistance. Mechanical breakdowns must be reported to Jucy Rentals as soon as

possible in order to give Jucy Rentals the opportunity to rectify the issues during the hire. In order to facilitate on-road repairs, Jucy Rentals may require the hirer to take the vehicle to an approved repairer.

The hirer is not entitled to any refund unless Jucy Rentals has been advised of the issue, and has been given the opportunity to rectify the situation.

A refund can be requested from Lucky Rentals if a breakdown has directly caused a delay in travel in one location of 48 hours or more.

Lucky Rentals is not liable for any delays in rectifying a situation caused by a breakdown occurring on a weekend or public holiday.

It is unlikely that a replacement vehicle will be available in the event of a major mechanical fault whilst on relocation from the East Coast to the West Coast.

Non-mechanical failure

The failure of non-mechanical accessories such as, but not limited to, the CD player, air conditioning, and water pump, do not constitute a breakdown.

Non-mechanical failure resulting from the hirers actions or inactions may be subject to a relevant call out fee from the road-side assistance provider. These include, but are not limited to, running out of fuel, a flat battery resulting from leaving lights on and locking the keys in the vehicle. It is recommended to contact Jucy Rentals in the event of all non-mechanical failure.

Refunds

Refunds are typically in the form of a rental extension.

Any potential refund for a breakdown of the vehicle is limited to the daily rental rate of the vehicle for each whole day in which total use of the vehicle is lost. This limit is for all costs incurred by the hirer and, for the avoidance of doubt, includes substitute rental vehicles and accommodation costs.

All monetary refunds are processed in AU$ and Lucky Rentals does not accept any liability for currency exchange rate fluctuations or bank charges.

Important

These terms and conditions constitute the entire agreement and there are no other oral undertakings, warranties or agreements. Employees and agents are not authorised to vary, add to, or delete from, this agreement or to make any representations about performance, specifications or fitness for purpose of Lucky Rentals’ vehicles.

Where the hirer comprises of more than one person, each person is liable jointing and severally for all obligations under this agreement.

Lucky Rentals cannot be held responsible for any insect infestation such as, but not limited to, mosquitoes, ants, flies, fleas and bedbugs.

Except to the extent where Lucky Rentals is liable under law, the hirer agrees to release and indemnify Lucky Rentals from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the hirer may suffer or incur or become liable for as a result of the use or misuse of the vehicle.

Should the vehicle booked be unavailable, Lucky Rentals reserves the right to substitute an alternative vehicle without prior notification, and at no extra cost to the hirer or cancel the booking and refund the hirer all monies paid to Lucky Rentals. Please note a substitute vehicle may be with a different supplier.

The hirer authorises Lucky Rentals to collect, hold and use the hirer’s per - sonal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing and as - sessing customer satisfaction with products and services provided by Lucky Rentals. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies, parties involved in an accident with the vehicle while on hire, any agents responsible for the processing or handling of infringements and fines or statutory bodies as required.

Lucky Rentals reserves the right to amend these terms and conditions, vehicle specifications and tariffs at any time without prior notice.

Lucky Rentals reserves the right to refuse any rental, at any time, at the company’s discretion.