You and iDrive Rentals agree: 1. This Car Rental Agreement (Agreement) is entered into between Carbar Holdings Pty Ltd ACN 612 049 260 trading asiDrive Rentals(iDrive Rentals, we, our or us) and the individual specified above (Renter or you) and outlines the respective rights and obligations of the parties relating to the Renter’s rental of the vehicle specified above (Vehicle). 2. The Renter acknowledges and agrees that the Renter must only use the Vehicle in accordance with the terms of this Agreement. 3. If you book a Vehicle with us via a third party booking provider, you agree to provide to us any voucher or e-voucher provided to you by the third party booking provider in respect of the Vehicle (Voucher) when you collect the Vehicle. 4. When you collect the Vehicle, you must provide us with any information we reasonably request. 5. We may refuse to provide you with a Vehicle or terminate this Agreement if: a. you are not eligible to rent the Vehicle (for example, you do not have a drivers license); b. you cannot provide us with documentation we reasonably request; c. you arrive after the time indicated for pick up of the Vehicle on your Voucher or booking confirmation; d. the main driver doesn’t have a credit card in their own name, with enough available funds for the Vehicle’s security deposit; e. there are too many passengers for the type of Vehicle being rented. 6. We cannot accept liability for the Vehicles being unsuitable for all passengers and luggage. 7. We are unable to guarantee a particular make or model of car. The car shown on your Voucher or booking confirmation is for guidance only and we may, in our discretion, provide a different car which is deemed to be similar or superior. Duration 8. This Agreement commences at the time you collect the Vehicle (as indicated above the signature line at the end of this Agreement) and continues until the later of: a. your return of the Vehicle to iDrive Rentals; and b. the completion of the obligations of both parties under this Agreement. Rental Fees 9. The Renter must pay all fees for the Rental Period which include the following fees: a. Base rate per day which may be paid by you to us via a third party booking provider or paid to us directly at the time of booking; b. Fees for any accessories (such as child seats and roof racks); c. Security deposit: $300 or $500 pre-authorisation from the Nominated Account and amount state on page 1, rental details; d. Fines, private parking charges, road tolls and additional fees incurred in processing toll charges or other similar charges: any outstanding amounts will be charged to your Nominated Account; e. Fuel: If the Vehicle is not returned with a full tank of fuel you will be charged $[2.30] per litre of fuel required to refill the tank plus an administration charge of $27.50 to cover the cost incurred by iDrive Rentals to refuel the Vehicle; f. Late Fees: Where you do not return the Vehicle within 2 hours of the specified Return Time then you will be charged for another day of rental at the base rate per day; and g. Any Excess or other amounts that may be payable by you in accordance with clauses 24-29 below (Liability for Accidents, Damage and other incidents). 10. The fees payable under this Agreement begin from the time stated for pick-up on your Voucher or booking confirmation. 11. All amounts payable under this Agreement are inclusive of GST (unless otherwise specified). 12. You acknowledge and agree that we only accept payments from the following card types: Amex, Visa and Mastercard. 13. If your Nominated Account is charged then we will charge you the [1.75% plus $0.30c] processing surcharge we incur in processing your payment. 14. You consent to iDrive Rentals debiting from your Nominated Account all (if any) fees, charges and any other amounts payable by you pursuant to the terms of this Agreement when such fees, charges and other amounts become due and payable (details of which can be viewed on the Website). 15. If, for any reason, iDrive Rentals is unable to debit your Nominated Account for any fees, charges and/or any other amounts payable by you under this Agreement, in addition to its other rights under this Agreement (including clauses 31-34), iDrive Rentals may in each case: a. make three further attempts to debit your Nominated Account within 24 hours of the first attempt; b. request immediate payment of any Late Fee and any applicable outstanding amounts; and/or c. engage debt collection agencies to recover any outstanding amounts, at your cost. Use of Vehicle 16. During the Rental Period: a. the Vehicle must only be driven by you and/or an Approved Driver; b. you and any Approved Driver must: i. hold a full valid Australian driver licence, or international driver licence from your country of residence that they have held for at least 1 year (Driver Licence). For clarity expired, learner or provisional licences will not be Version 3.0 08/2022 accepted; and ii. be licensed to drive the Vehicle in the State or Territory in which the Vehicle will be used; and c. you must ensure that any Approved Driver is aware of and complies with the terms of this Agreement, and you are responsible and liable for the acts and omissions of any Approved Driver in connection with this Agreement. 17. During the Rental Period you will ensure that: a. the Vehicle is not used for any Prohibited Use; b. you and any Approved Driver keeps their Driver Licence on them at all times for perusal by law enforcement; c. appropriate care is taken when operating the Vehicle and it is only used for its intended purpose; d. there is no smoking in the Vehicle; e. the Vehicle is not modified in any way, irrespective of whether the modifications are reversible or permanent; f. the GPS Unit located within the Vehicle is not removed, tampered with or modified; g. the Vehicle is not used to jump start any other Vehicle; and h. the Vehicle (or any of its parts) are not sold, rented or disposed of, and no person is given (purported or otherwise) any legal rights over the Vehicle or registers or attempts to register any interest in the Vehicle under the Personal Property Securities Act 2009. 18. During the Rental Period, you must: a. pay for all fees set out above including the cost of fuel and tolls; b. ensure that the Vehicle is locked when not in use; c. use the correct fuel type when refueling the Vehicle; d. immediately inform iDrive Rentalsif: i. a warning light or fault message appears; ii. you or the Approved Driver become aware of low engine or brake oils, engine coolant levels or tyre pressures; or iii. the Vehicle develops any fault or breaks down during the Rental Period. 19. In any of the circumstances set out in clause 18.d, you must cease using the Vehicle and not perform any repairs. If you do not comply with clause 18.d, you and any Approved Driver will be jointly and severally liable for any resulting Damage, Claim or Loss. 20. You must immediately report any Claim, Loss or Damage in relation to the Vehicle to iDrive Rentals and deliver to iDrive Rentals every summons,complaint, document or paper in relation to the Claim, Loss or Damage. Responsibility in connection with Accidents, Damage and other incidents 21. If any Damage, Claim, theft of the Vehicle or Loss occurs during the Rental Period or results from your use of the Vehicle, you must: a. immediately notify iDrive Rentals; and b. follow all instructions given by iDrive Rentals and co-operate with us in any investigation. 22. You and the Approved Driver must report all accidents to the police if: a. any person is injured; b. the other driver leaves the scene of the accident without exchanging names and addresses; or c. the other driver appears to be affected drugs or alcohol. 23. In the event of an accident, you acknowledge that iDrive Rentals may insist that the Vehicle be moved to the nearest repairer to secure it. Liability for Accidents, Damage and other incidents 24. iDrive Rentals maintains Damage Cover for the Vehicle during the Rental Period. 25. For any Damage, Claim, theft or Loss arising from your use or your possession of the Vehicle, you must: a. pay the applicable Excess per incident; b. comply with this Agreement (including clause 29); and c. provide all reasonable information and assistance as may be requested and, if necessary, authorising iDrive Rentals to bring, defend or settle legal proceedings, and you agree that iDrive Rentals shall at all times have sole conduct of any legal proceedings. 26. The Excess per incident is the lesser of: (a) The amount stated on page 1 rental details of the agreement; or (b) the value of the Claim, Loss, or cost to repair the Damage (as applicable). 27. If a claim under Damage Cover is denied for any reason after any Damage, Claim, theft or Loss is assessed by iDrive Rentals or its Insurer, you must pay the amount of any Damage Liability Fee beyond the Excess, and indemnify iDrive Rentals of any other Damage, Claim, theft or Loss arising from your use or your possession of the Vehicle. 28. The Damage Liability Fee may be determined by iDrive Rentals or its Insurer (acting reasonably). 29. You are fully responsible and liable, and agree to compensate and indemnify iDrive Rentals for any Excluded Loss or any Claim, Loss or Damage resulting from: a. a Major Breach of this Agreement by you (or the Approved Driver); b. use of the Vehicle by any: i. person who is not you or an Approved Driver; or Version 3.0 08/2022 ii. Approved Driver that holds an Australian learner driver licence and was not accompanied by a driver with a full Driver Licence (whether that driver is you or another Approved Driver); c. any Prohibited Use; d. use of the Vehicle on any non-gazetted road, or any other road or surface which is not sealed other than a road under repair; e. use of the Vehicle in any area or under any circumstances (including crossing a waterway or transporting a Vehicle across a waterway) where the Vehicle may or does become partially or totally immersed in water; f. use of the Vehicle in a manner that causes: i. underbody damage, being any damage to the Vehicle that is caused by or directly results from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction including curbs, gutters, speed or road humps, barriers or wheel stops; or ii. overhead damage, being damage to the Vehicle caused by or resulting from an impact between the Vehicle at a point that is level with or above the top of the windscreen; g. any circumstances where the Vehicle is refueled with fuel other than which is recommended by the Vehicle's manufacturer; h. any circumstances where the Vehicle or its keys are unsecured; i. use of the Vehicle: i. in any area or region specified to you by iDrive Rentals as an area or region in which the Vehicle must not be used; ii. in any snow or alpine resort during the gazetted snow season or other conditions where a reasonable person would use snow chains; or iii. on any beach or in any other area exposed to saltwater; j. any Claim for, or related to, death or personal injury; k. any loss or damage to property that you or an Approved Driver owns or has in your or their control or possession; l. any Loss of Use or use of a hire car or any substitute vehicle; m. any liability of a passenger who was under the influence of any alcohol or drug when the incident happened; n. any exemplary or punitive damages, fines or penalties claimed, ordered or awarded against you or any Approved Driver; o. any liability under any contract, or if you or the Approved Driver have agreed to or accepted liability without iDrive Rentals' prior agreement unless you would have been liable irrespective of the terms of that contract; p. fitting anything to the Vehicle incorrectly or not in accordance with the Vehicle manufacturer's recommendations; q. any accident, breakdown or any other failure of a Vehicle, except to the extent caused by iDrive Rentals' breach of this Agreement (e.g. a failure to provide Roadside Assistance in accordance with clause 30 below); or r. any indirect, special or consequential damages arising in any way out of any matter covered by this Agreement. Roadside Assistance 30. Standard roadside assistance for the Vehicle is included in the rental fees. Termination and Repossession 31. iDrive Rentals, its agents, contractors or representatives may terminate this Agreement at any time if you commit a Major Breach of this Agreement by giving you notice in accordance with clause 49. 32. If this Agreement is terminated pursuant to clause 31, iDrive Rentals, its agents, contractors or representatives may arrange for Vehicle Return orrepossessthe Vehicle from you orthe Approved Driver, and you will be liable for the cost of repossession, any Late Fees, and any costs to make good any Damage to the Vehicle on collection. 33. Notwithstanding clauses 31 and 32, iDrive Rentals, its agents, contractors or representatives may immediately terminate this Agreement and repossess the Vehicle without notice to you if: a. you have illegally parked the Vehicle for longer than 24 hours; b. you have illegally disconnected, damaged, or removed the GPS Unit from the Vehicle; c. you have committed a reckless breach of road or traffic legislation; d. the Vehicle is or seems to be abandoned; or e. the Vehicle has not been returned to iDrive Rentals at the time, date and place agreed between you and iDrive Rentals(Return Appointment). 34. If iDrive Rentals, or any of its agents, contractors or representatives repossess the Vehicle in accordance with this Agreement, you agree to indemnify iDrive Rentals for the costs (including but not limited to any legal costs) incurred by iDrive Rentals and any of its agents, contractors or representatives in repossessing the Vehicle and/or recovering any payments in arrears from you (including towing costs). Vehicle Return 35. Upon termination of the Rental Period, you must: a. immediately arrange for the return of the Vehicle to iDrive Rentals at the same location the Vehicle was collected from (unless a different return location has been agreed upon between you and iDrive Rentals); and b. return the Vehicle to iDrive Rentals at the Return Appointment with its keys or keyless start device and all parts and Version 3.0 08/2022 accessories, including manuals, audio equipment, GPS Unit, spare tyre, tools and wheel locking nuts, (Vehicle Return). 36. You acknowledge and agree that iDrive Rentals will not under any circumstances be liable to you or the Approved Driver for any personal belongings left in the Vehicle after Vehicle Return. 37. At the time of Vehicle Return: a. the Vehicle must be in the same condition as at the start of the Rental Period, save for Fair Wear and Tear; b. the Vehicle must be cleaned; c. the Vehicle must have a full tank of fuel; and d. you must complete the Condition Report. 38. If you fail to sign the Condition Report at the time of Vehicle Return, you will forfeit the right to dispute any Claim for Damage allegedly caused during the Rental Period. 39. If the Vehicle is not returned at the Return Appointment, and you do not provide iDrive Rentals with a minimum of 3 hours’ notice to reschedule the Return Appointment, iDrive Rentals may, in addition to its rights under clauses 33 and 34 report the Vehicle as stolen. 40. If the Vehicle is not returned to iDrive Rentals in the same condition as at the start of the Rental Period (excluding Fair Wear and Tear), you are responsible for all costs associated with returning the Vehicle to that condition, including replacing any Vehicle accessories supplied to you at the start of the Rental Period. 41. You agree that iDrive Rentals may debit any cost arising under clause 40 from your Nominated Account. Traffic Offences, Fines and Fees 42. You must pay all fines, penalties, traffic infringements, tolls and costs incurred during the Rental Period or any period outside the Rental Period in relation to which you or the Approved Driver remain in possession of, or are responsible for, the Vehicle. You consent to iDrive Rentals automatically debiting any fines, penalties, infringements, tolls and costs referred to in this clause 42 from your Nominated Account without any notice to you. 43. You must notify iDrive Rentals as soon as you become aware that a fine, penalty, traffic infringement or toll has been incurred by you or the Approved Driver. Upon receipt of a fine, penalty, traffic infringement or toll notice iDrive Rentals will complete the required documentation to absolve iDrive Rentals from liability and nominate you or the Approved Driver as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within seven (7) days of receipt of the notice. 44. If iDrive Rentals receives any further correspondence in relation to the fine, penalty, traffic infringement or toll notice assigned under clause 43, iDrive Rentals will charge a $27.50 administration fee for each further correspondence. 45. If you or the Approved Driver challenge any fine, penalty, infringement or toll notice, you do so at your own expense. iDrive Rentals Responsibility and Liability 46. Except as expressly set out in this Agreement, and to the full extent permitted by law, iDrive Rentals expressly disclaims any further warranties,conditions, or other terms, either express or implied by statute or otherwise. 47. Notwithstanding anything to the contrary in this Agreement, and to the full extent permitted by law, iDrive Rentals accepts no liability in respect of and shall not be responsible to you for: a. death or personal injury; b. any damage to any property, or Damage to orloss of any Vehicle, except to the extentsuch Damage orlossis caused by iDrive Rentals' breach of this Agreement; c. any damage or loss of any belongings left in any Vehicle; d. any fuel costs; e. any incidental expenses; f. any charges or fines mentioned in clause 45; g. any theft or breakdown of any Vehicle, except to the extent caused by iDrive Rentals' breach of this Agreement; or h. any liability to you under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, for: i. loss or damage incurred by you in connection with any Claims made by a third party; ii. loss of profit, goodwill, business opportunity or anticipated saving suffered by you; or iii. any indirect or consequential loss or damage suffered by you. 48. Without limiting the foregoing, iDrive Rentals is not responsible for you driving under the influence of alcohol and/or drugs, causing wilful damage, driving off-road or driving without due care and attention. Notices 49. Any notice to be given to you shall be deemed to be given upon it being posted to the address, or sent by email to the email address, of the Renter specified in the details above. 50. Any notice to be given to iDrive Rentals shall be deemed to be given upon it being posted to iDRIVE RENTALS, 21 Walkers Rd, Version 3.0 08/2022 Nunawading, Vic 3131 or sent by email to rentals@iDrive Rentals.com.au. Proper law and jurisdiction 51. This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. You and iDrive Rentals agree to submit to the non- exclusive jurisdiction of its Courts for all purposes of or in connection with this Agreement. Privacy Act 1988 and GPS Units 52. iDrive Rentals takes all reasonable steps to ensure that your personal information, and the personal information of the Approved Drivers, is securely held and protected from misuse or unauthorised access. 53. Full details of how iDrive Rentals handles personal information can be found in the Carbar Privacy Policy (which can be viewed on the Website),and you authorise iDrive Rentals to collect, use and disclose personal information in accordance with Carbar’s Privacy Policy and any other notifications we provide and consents you provide from time to time. 54. You authorise iDrive Rentals to collect, use and disclose information (including personal information) in respect to any credit it provides to you, including to a Credit Reporting Body. This includes personal information required to enable the Credit Reporting Body to provide iDrive Rentals with a consumer credit report to assist iDrive Rentals in assessing your credit worthiness, payment or default information, information about fraud or any other serious credit infringement, information about adverse court judgments or insolvency. 55. If you default in the payment of any monies owed to iDrive Rentals, you authorise iDrive Rentals to provide that information to a Credit Reporting Body and to obtain an up to date consumer credit report on you. 56. iDrive Rentals may fit a GPS Unit to the Vehicle and operate the GPS Unit to track the Vehicle during the Rental Period. By agreeing to this Agreement or taking possession of the Vehicle, you authorise iDrive Rentals (and you warrant and represent that you have the consent of any Approved Driver for iDrive Rentals) to use the GPS Unit to track the Vehicle until it is returned to iDrive Rentals upon termination of this Agreement. You must not, and must ensure that the Approved Driver does not, tamper with the GPS Unit or remove it from the Vehicle (as this may result in termination of this Agreement pursuant to clause 33.b). Title and Personal Property Securities Act 57. To the extent that a third party (not iDrive Rentals) holds title in the Vehicle: a. you acknowledge that the third party has continued rights in respect of the Vehicle, including but not limited to ongoing ownership of the Vehicle and an ongoing Security Interest in the Vehicle; and b. any rights that iDrive Rentals and/or you have in respect of the Vehicle (including possession) are subject to the rights held by that third party in the Vehicle). 58. To the extent that iDrive Rentals holds title in the Vehicle, it shall at all times remain the property of iDrive Rentals which shall be entitled to assign, mortgage, encumber or otherwise deal with the Vehicle subject to this Agreement. 59. The Vehicle shall be deemed to be in the possession of, or under your charge or control of from the time when the Vehicle is initially delivered to you until such time as the Vehicle are returned to iDrive Rentals in accordance with Agreement. 60. You hereby acknowledge that this Agreement constitutes a Security Agreement which creates a Security Interest in favour of iDrive Rentals in the Vehicle supplied by iDrive Rentals to you and all proceeds thereto under this Agreement. 61. If the Term of this Agreement is such that it falls under the definition of PPS Lease under section 13(1) of the PPSA, you acknowledge that a special type of Security Interest known as Purchase Money Security Interest is created. 62. You acknowledge and agree that by entering into this Agreement, you grant a Security Interest to iDrive Rentals and in the Vehicle. You additionally agree that iDrive Rentals can without notice to you seek registration of its Security Interest (either as a Purchase Money Security Interest if the lease is a PPS lease or otherwise as an ordinary Security Interest) on the PPSR. 63. You acknowledge, agree and undertake to: a. sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up to date in all respects) which iDrive Rentals may reasonably require to enable perfection of its Security Interest or registrationof a Financing Statement or Financing Change Statement on the PPSR; b. not register a Financing Change Statement or make a demand to alter the Financing Statement pursuant to section 178 of the PPSA in respect of the Vehicle without the prior written consent of iDrive Rentals; c. give iDrive Rentals not less than 14 days written notice in accordance with clause 50 of any proposed change in your details (including but not limited to, changes in your address, facsimile number, email address, trading name or business practice); d. waive any rights that you may have had under section 115 of the PPSA upon enforcement; e. Pursuant to section 157 of the PPSA, unless otherwise agreed in writing by iDrive Rentals, you agree to waive the right to receive the Verification Statement in respect of any Financing Statement or Financing Interest Statement relating to the Security Interest; f. release and hold harmless iDrive Rentals from any liability whatsoever in the event of any dispute between iDrive Rentals and you as to whether any interest registered on the PPSR constitutes a valid Security Interest; g. indemnify iDrive Rentals from any cost reasonably incurred by iDrive Rentals in amending or withdrawing any Security Interest registered byiDrive Rentals over the Vehicle provided to you, even if the Registration has occurred through error or mistake on behalf of iDrive Rentals; and Version 3.0 08/2022 h. if Chapter 4 of the PPSA would otherwise apply to the enforcement of a Security Interest arising in connection with this Agreement, the following provisions of the PPSA will not apply to the enforcement of this Agreement: section 95 (notice of removal of accession) to the extent it requires iDrive Rentals to give a notice to the Company; subsection 121(4) (enforcement of liquidated assets – notice to grantor); section 130 (notice of disposal), to the extent that it requires iDrive Rentals to give a notice to the Company); subsection 132(4) (statement of account if no disposal); section 135 (notice of retention); and 143 (reinstatement of security agreement). 64. In this Agreement, the terms “Security Agreement”, “Security Interest”, “Purchase Money Security Interest”, “Registration”, “Personal Property Securities Register” (or “PPSR”), “PPS Lease”, “Proceeds”, “Financing Statement” and “Financing Change Statement” have the meanings given in the PPSA. Definitions 65. In this Agreement, unless the context otherwise requires: Approved Driver means any driver who is approved by Renter to drive the Vehicle. iDrive Rentals Representative means an employee, agent, contractor, authorised third party representative or dealer partner of iDrive Rentals. Claim means any claim, demand, action or proceeding. Condition Report means the report describing the condition of the Vehicle and any pre-existing Damage, attached to this Agreement. Damage means: i. any damage to the Vehicle including its parts, components and accessories, and including but not limited to, any damage caused by you, the Approved Driver, a third party, or damage from hail, flood, fire, storm, cyclone or other natural disasters. ii. towing and salvage fees and assessing fees; and iii. Loss of Use as a result of that damage or theft. Damage Cover means comprehensive insurance cover for the theft of or Damage to the Vehicle and any Claims made against you or an Approved Driver for any Loss (up to $35,000,000) to another person’s property arising out of your use of the Vehicle. Damage Liability Fee means the fee to settle or remedy any Loss, Damage, theft or Claim, if the Damage Cover is denied for any reason after such Loss, Damage, theft or Claim is assessed by iDrive Rentals or its Insurer. Driver Licence has the meaning given in clause 16.b.i. Excluded Loss means any excluded Loss or Damage specified in the Annexure to these terms. Fair Wear and Tear means the degree of deterioration judged to be reasonable, taking into account the Vehicle’s age and mileage and covering overall condition (from the mechanics and the electrics through to the bodywork and the upholstery), determined in accordance with the AFLA Fair Wear & Tear Guide published from time to time. GPS Unit means a device with electronic global positioning and tracking capabilities, fitted within the Vehicle and used by IDrive Rentals to (amongst other things) track, locate the vehicle, and track the kilometres travelled by the Vehicle. Insurer means an APRA approved licensed insurer. Late Fee has the meaning given in clause 9.f. Loss means any loss (including indirect loss), liability, damage, cost or expense of any kind, including in respect of a third party. Loss of Use means the loss of use or enjoyment of a Vehicle suffered because the Vehicle is being repaired or replaced as a result of an accident or other Damage or because it has been stolen and is being replaced. Major Breach means a breach of any of clauses 16, 17, 18, 19, 20 and 21. Nominated Account means the credit card or debit card nominated by you for the purposes of making payments pursuant to this Agreement. Prohibited Use means any prohibited use of the Vehicle specified in the Annexure to these terms. Rental Period means the date and time at which the Vehicle is picked up until the date and time the Vehicle is returned to IDrive Rentals. Return Appointment has the meaning given in clause 33.e. Vehicle has the meaning given in clause 1 and includes the vehicle's parts, components and accessories. Vehicle Return has the meaning given in clause 35. Website means the https://www.iDrive Rentals.com.au website and the content, features and services offered through it. Version 3.0 08/2022 Annexure Prohibited Uses 1) operation of the Vehicle outside Australia; 2) operation of the Vehicle by a driver who: a) is not you or an Approved Driver; b) is impaired by any drug or intoxicating liquid; c) is convicted of driving at the time of loss or an accident, under the influence of any drug or intoxicating liquid; d) has or had a percentage of alcohol or drugs in their breath, blood or urine in excess of the percentage permitted by law; e) refuses to provide or allow the taking of a sample of breath, blood or urine for testing or analysis as required by law; f) does not hold a current Driver Licence (or has been disqualified or holds a cancelled or suspended Driver Licence); or g) does not comply with all the terms and conditions of their Driver Licence; 3) operation of the Vehicle where: a) the driver of the Vehicle or a passenger was being wilful or reckless; b) the Vehicle or anything it was towing: i. was in an unsafe condition; ii. was being towed illegally; or iii. exceeded the number of passengers or load limits recommended by the Vehicle’s manufacturer or permitted by law; c) the Vehicle was being used: i. in an unsafe or unroad worthy manner; ii.for illegal purposes or in an illegal manner; iii.to illegally carry or store explosives, flammable or combustible substances and liquids; iv. or test in preparation for, racing, pace making, a reliability trial or a speed or hillclimbing test; v. as an experiment, test, trial or demonstration or to town some other vehicle in connection with the motor trade; vi.in a race, rally, trial, speed trial, test, contest, motor sport or any driver training course; or vii.in a track day, drive day or similar organised event; or d) the Vehicle: i. is used for any delivery or collection services; ii. is being used in the course of any business of carrying passengers or goods for hire or reward; or iii. is in the possession of a person as part of the person’s stock in trade; and 4) leaving the Vehicle with a commercial dealer so they could sell it. Excluded Loss 5) Where you make a misrepresentation or a fraudulent claim; 6) Damage to the tyres of the Vehicle caused by the application of brakes or by road punctures, cuts or bursts; 7) Any consequential loss or financial expenses incurred as a result of You not being able to use the Vehicle including direct or indirect financial or economic loss; 8) Theft of any items in, on or attached to the Vehicle; 9) Any damage to the property of a third party or the personal injury or death of any person caused by or arising out of the operation, possession or use of the Vehicle; 10) Any claim caused by or in connection with any plant or equipment being attached the Vehicle or operating the Vehicle as a tool of trade; 11) Loss or damage or liability from an intentional act by you, an Approved Driver, or any person acting with the express or implied consent of you or an Approved Driver; 12) Loss or Damage if the Vehicle: a) was not in good order or repair because of any: i. unrepaired damage; or ii. rust, mechanical or other damage that made the Vehicle unsafe to drive; or b) was not in a condition that met the registration requirements in your State or Territory; 13) the cost to fix previous damage – for example, old hail damage that has not been repaired; 14) Loss or Damage caused by or arising from previous damage; Version 3.0 08/2022 15) the cost to fix faulty: a) design or workmanship; or b) repairs by you, an Approved Driver or someone else not authorized by iDrive Rentals; 16) Loss or Damage caused by or arising from faulty: a) design or workmanship; or b) repairs by you, an Approved Driver or someone else not authorized by iDrive Rentals; 17) Loss or Damage caused by or arising from or in connection with: a) not taking reasonable care to protect, secure or safeguard the Vehicle; or b) leaving the Vehicle in an unsafe location after it: i. broke down; ii. suffered accidental damage; or iii. was stolen and then found; 18) Loss or Damage caused by or arising from, or a liability as a result of: a) the Vehicle being legally seized, impounded, sold or destroyed; b) war or warlike activities; c) any hostilities, rebellion, riot, civil commotion, war or act of terrorism; d) any nuclear, radioactive, biological or chemical material; or e) pollutants or contaminants that discharge or escape from the Vehicle; and 19) any Claim by or on behalf of the owner of the Vehicle