1. Interpretation
1.1 Fees means the fees payable by you to us and as set out on the Rental Document plus any additional fees payable under this Agreement as they apply from time to time
1.2 GST means any goods and services tax.
1.3 Rental Document means the form signed by us and you and setting out the period and specific terms of rental to which this Agreement applies and as set out on the reverse of this Agreement (and which includes any equivalent computerised data).
1.4 Rental Period means the period commencing on the date shown on the Rental Document and ending on the date that you return the Vehicle to us.
1.5 Vehicle means the vehicle described in the Rental Document (or any substitute vehicle) and includes but is not limited to its under body, parts, components, accessories and contents supplied by us (except where specifically excluded).
1.6 We, our and us means Northern Territory Adventure Tours Pty Ltd ACN 093 040 914.
1.7 You, your and yourself means the person(s) recorded in the Rental Document as the Hirer and includes all Additional Drivers as described on the Rental Document.
1.8 References to dollars and $ are references to Australian currency;
2. Agreement
2.1 We agree that you may hire the Vehicle subject to the terms of this Agreement.
2.2 You agree to comply with the terms of this Agreement and to pay the Fees to us.
2.3 This Agreement may only be amended in writing and its terms apply at all times during your use of the Vehicle as and from when you make the reservation. Any terms and conditions contained in any other document and all statements, terms and warranties (whether implied by statute or otherwise) not embodied in this Agreement are expressly excluded to the fullest extent permitted by law.
2.4 None of our employees, agents or contractors are authorised to vary or add to this Agreement, make any representations about the performance, specifications or fitness for purpose of our goods other than those specified in our authorised written material. You agree that all such unauthorised warranties and representations are expressly excluded.
3. Driver
3.1 You agree and acknowledge that:(a) only you will drive the Vehicle;
(b) you have not been convicted of, or have charges pending, for an offence relating to driving a vehicle:
i. under the influence of alcohol or drugs; or
ii. with a blood alcohol level over any legal limit, in respect of which the term of the penalty has not been fully served or served at all;
(c) you are 21 years of age or over and hold a valid current unrestricted or probationary motor vehicle driver’s licence (learner’s permits are not acceptable); and(d) you have not been refused or had any motor vehicle insurance cancelled for any reason within the three years prior to the Rental Period;(e) you have held a full and valid drivers licence or probationary licence for 6 months or more.
4. Where You Can And Cannot Drive the Vehicle
4.1 You must only use the Vehicle on sealed roads.
4.2 You must not, unless authorised in writing by us, drive or take the Vehicle:
(a) on any road which is closed or restricted; or
(b) on beaches or through streams, dams, rivers or floodwaters; or (c) to any other area which we have, in our discretion, advised you not to enter.
5. Use of the Vehicle
5.1 You must not:
(a) allow the Vehicle to be used for any illegal or dangerous purpose, race, contest or performance test of any kind;
(b) allow the Vehicle to be used to tow or push anything, unless authorised in writing by us and unless correctly secured; (c) carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which the Vehicle was built; (d) permit passengers to travel in the Vehicle unless they are seated in forward facing seats and are properly restrained with the seat beats provided in the Vehicle; (e) be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven; (f) allow the Vehicle to be used to carry passengers for payment of any kind or sublet or hire the Vehicle to any other person;
(g) use cookers inside the cabin of the Vehicle or in a dangerous manner;
(h) transport any animal in the Vehicle other than a Guide Dog;
(i) use the Vehicle when it is damaged or unsafe; (j) use the Vehicle to transport goods other than those which would be reasonably contemplated in connection with the permitted purpose of the Vehicle;(k) without our prior written consent, use the Vehicle to carry any inflammable, explosive or corrosive substance other than that which has been provided by us; (l) use the Vehicle in contravention of any law; (m) use the Vehicle to carry a child who requires the use of an approved child restraint (as defined in the Australian Road Rules) or who is under 1 year old;(n) carry any passenger who is between 1 year old and 16 years old if they are required to be restrained in a suitable approved child restraint under the Australian Road Rules; and(o) exceed the speed limit.6. Maintenance, Security and Safety
6.1 You must:
(a) maintain engine and brake oils and coolant levels if the Vehicle’s warning lights indicate that this is required.
(b) ensure that the tyres are maintained at the manufacturer’s recommended pressure as provided in the Vehicle manual;
(c) keep the Vehicle locked and the keys under your personal control at all times and produce such keys if the Vehicle has been stolen;(d) return the Vehicle to us free of all rubbish and stains or pay us a soiling fee of $75 if, in our opinion, you have failed to comply with this requirement;(e) immediately report to us any damage to the Vehicle or damage to any property caused by the Vehicle. If you do not, you acknowledge that your failure to do so may compromise your rights under this Agreement; (f) generally do all things necessary to keep and maintain the Vehicle in its current state and condition (fair wear and tear excepted); and(g) not authorise or undertake any repairs to the Vehicle without our prior written authority except to the extent that the repairs are necessary to prevent further damage to the Vehicle or other property, in which case you must first attempt to contact us by phone to inform us of the steps you are intending to take and obtain our approval. We will only reimburse you for the cost of such authorised repairs if you keep and produce to us the original receipts for those repairs or salvage.
(h) Immediately pay or reimburse us for:
a. any damage or loss to the Vehicle or to us which is not covered by insurance.
b. windscreen, glass, headlight or sunroof breakages in addition to all other fees under this agreement unless:
i. you have paid for “Liability Reduction Option 1” or “Liability Reduction Option 2” under clause 8 (does not cover sunroof damage);
c. the cost of rectifying any tyre punctures .
d. tolls or fines;
e. the cost of repairing any damage caused deliberately, carelessly or recklessly, by:
ii. you;
iii. any other driver of the Vehicle; or
iv. any passenger carried during the Rental Period;
f. the cost of repairing any damage to the Vehicle or to third party property caused or contributed to by a breach of the Agreement;
g. a daily rate fee will apply to vehicles under repair whilst off the road for damages that have occurred to renters not covered by Liability option 2 h. the full cost of replacing or repairing all contents supplied by us (including but not limited to: cooker, bedding, cutlery, DVD/CD/MP3 player, DVDs, tables, chairs, tents, roof racks, power cords and keys, space Survival Kit and any other additional items hired from us) fair wear and tear excepted;
i. any damage caused to the Vehicle through the use of tyre chains or any other accessory.
j. filling the Vehicle with fuel if it is not returned with a full tank of fuel.
6.2 Oil and Water LevelsThe hirer/driver is responsible to check and maintain all fluid levels and must immediately rectify and report to Spaceships any defect of which you become aware however slight. Rectification means a fit and proper diagnosis and repair. Continued operation of the vehicle after a defect has occurred may lead to serious consequential damage to the engine for which you the renter will be held responsible and liable for full repair costs.
The risks of continued driving if your car begins to overheat, or if it has a known cooling system problem of any kind can be severe. If your temperature gauge moves in a direction that is a departure from normal, stop immediately, investigate and call Spaceships . Do not wait for it to cool and drive again as you may cause further catastrophic damage to your engine, for which you will be held liable. Driving with an inoperative temperature gauge voids all insurance coverage and may result in the hirer being held liable if overheating occurs.
7. Bond
7.1 Credit card details must be provided to us by you at the commencement of the Rental Period for the purposes of paying the Bond. Where a credit card is not available, a cash bond will be held by us for twenty one days following the end of the Rental Period. A administration fee of $50 applies for any cash bonds.
7.2 If paying by credit card, additional charges (comprising credit card surcharges) may apply as follows:
i. in respect of Visa and MasterCard, 1.5% of the total hire charge; and
ii. in respect of Diners and Amex, 3% of the total hire charge.
7.3 You authorise us to hold a bond in the amount of $2000 (if you are 25 years or over) or $2500 (if you are aged 21 to 24) (“Bond”) on your credit card at the commencement of the Rental Period. You authorise us to use the Bond to cover insurance excess costs (and any incidental costs) as a result of any accident during the Rental Period. The bond amount will be deducted from your credit card (or retained from a cash deposit) if you are involved in an accident whilst using the Vehicle. The bond will be released when the Vehicle is returned provided no damage has occurred. The excess is applicable regardless of who is at fault and must be paid at the time the accident report is completed, not at the completion of the rental. The excess will be refunded to you if we are successful in recovering the costs of the damages from the third party. You acknowledge that you must pay for anything not covered by insurance or the Bond.
8. Insurance Options
8.1 For additional non-refundable fees, you may purchase from us a “Liability Reduction Option 1” or “Liability Reduction Option 2” insurance. This will reduce the Bond payable by you on a per incident basis unless the loss or damage is not fully covered by insurance. If an accident occurs before the expiry of the Rental Period you must pay additional fees for the remaining days of your hire if you still wish to obtain the benefit of “Full Cover” or “Half Cover” insurance for the remainder of the Rental Period. The “Liability Reduction Option 1” and “Liability Reduction Option 2” fees and the amount of reduction to the Bond are set out as follows:
Drivers Aged 25+
Cost per day Bond/Liability
Standard excess liability Included $2000
Liability Reduction Option 1 $10 $750Liability Reduction Option 2 $20 No bond
Drivers Aged 21-24
Cost per day Bond/Liability
Standard excess liability Included $2500
Liability Reduction Option 1 $15 $1000Liability Reduction Option 2 $25 No bond
8.2 You acknowledge that cover may be denied under Standard excess liability ;“ Liability Reduction Option 1” and “Liability Reduction Option 2” insurance if: (a) there is any water related damage such as vehicle submersion, creek or river crossing, beach driving or driving trough low pain flooded areas; (b) you breach the terms of this Agreement;
(c) you drive under the influence of alcohol or drugs;
(d) damage is caused by careless or wilful conduct;
(e) you drive on restricted, closed, dirt of unsealed roads;
(f) the articles damaged are appliances or fixtures inside the Vehicle unless in the case of a motor accident.
9. Indemnity & Release
9.1 Except to the extent we or others are liable at law, you agree that you are liable and must indemnify us immediately for:
(a) the loss of, and all damage to, the Vehicle;
(b) the cost of towing, recovering and storing the Vehicle;
(c) for all damage to the property of any person:
i. which is caused or contributed by you; or
ii. which arises from the use of the Vehicle by you;
(d) appraisal or assessment fees;
(e) reasonable administrative fees and legal costs as a result of your breach of this Agreement or in respect of recovering costs payable by you (on a solicitor client basis).
9.2 You agree to use, operate and possess the Vehicle at your risk and you agree that we will have no responsibility or liability for any loss or damage or death except as required by law. To the full extent permitted by law you agree that you release and discharge us and our agents and employees from:
(a)