(4) RENTAL DURATION & EXTENSIONS

4.1 Rental days are calculated on a calendar day basis. When calculating the number of days the Vehicle is rented, the day of pick-up is counted as day one of the rental, regardless of pick-up time. The day of the Vehicle’s return is counted as the final day of the rental regardless of drop-off time.

4.2 Late pick up or early return of the Vehicle does not entitle the Customer to any refund of the unused portion of the rental.

4.3 Extensions may be organized through the sales office, subject to availability, and at the current rental rate. The extra cost of an extended rental must be paid by credit card on confirmation of the rental extension.

4.4 Failure to obtain an authorization for a rental extension will result in a late fee of AU$100.00 per day in addition to the daily rental rate for each day until the Vehicle is returned. The daily rental rate charged will be the rate applicable on the day of extension per Vehicle for the extended rental period.

(5) MINIMUM DAYS & ONE WAY RENTALS

5.1 Minimum rental period is 5 days, depending on pick up location & availability.

5.2 Minimum rental period for one-way rentals is 5 days, depending on pick up location. One way rentals are available between all branch locations.

5.3 Minimum rental periods are subject to change, and any such change will be notified to you prior to booking confirmation.

(6) VEHICLE PICK-UP AND DROP-OFF

6.1 Vehicles are available for pick-up at a designated time on the first day of the hire period and must be returned on the agreed date at the nominated depot before 2:00pm.

6.2 Vehicle pick-up or return outside of branch hours are subject to an after-hours fee of AU$100.

6.3 The Customer acknowledges having received the Vehicle in a clean condition, with a full fuel tank and with linen & kitchen utensil clean and tidy.

6.4 The Customer will return the Vehicle in a clean condition with exterior washed, kitchen utensils and linen in a clean condition and a full fuel tank on the return date, time and location set out in the Rental Agreement.

6.5 The Customer acknowledges that Awesome will reasonably determine what, if any, refund may be warranted if the Vehicle is returned or the Customer ceases to have the use of the Vehicle prior to the agreed return date.

(7) CHANGE OF DROP-OFF LOCATION

7.1 If the Customer wishes to change the drop-off destination, they must first obtain authorization from the office by calling 1300 930 803.

7.2 Subject to the change being approved an additional charge of up to AU$1100 may apply, which will be notified to you at time of approval.

The fee may apply in all cases irrespective of the reason for location change.

(8) EARLY & LATE DROP-OFFS

8.1 Early pick-ups can be organized in advance, subject to availability. Late returns will be charged for additional days. If no extension has been approved, we have the right to report the Vehicle as stolen and press charges.

8.2 Administration fees may also apply. If the Customer wishes to drop-off the Vehicle after business hours, they must first obtain approval from the destination branch.

(9) LICENCE

9.1 Branch staff must view and record details of the Customer’s Drivers Licence on collection of your Vehicle. Branch staff must view and record passport details of International Licence holders.

9.2 For Customers with an International Licence, the Licence needs to have been valid for 6 months and the driver must be a least 21 years of age. A valid overseas or International Drivers Licence is permitted.

(10) AGE RESTRICTIONS

Drivers must be 21 years of age or over. A medical certificate stating that the customer is fit to drive the Vehicle they have booked for the duration of the hire is required for drivers over the age of 75.

(11) USE OF THE VEHICLE

11.1 The Customer agrees that, during the Rental Period, the Customer will not allow the Vehicle to be;

a) Driven in other than a prudent and cautious manner. A single vehicle rollover is considered a breach of this condition and the customer will be responsible for the cost of damage. For any damage due to vehicle use in contravention of Clause 11 “Use of Vehicle”. Any damage caused by willful misconduct (e.g. sitting or standing on the bonnet or roof of the Vehicle or disregarding signposted height restrictions entering or exiting Car Parks or Drive Thrus);

b) Driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;

c) Left with the ignition key in the Vehicle while it is unoccupied;

d) Damaged by:

(i) Submersion in water;

(ii) Contact with salt water;

(iii) Creek or river crossing;

(iv) Driving through low plain flooded areas;

(v) Beach driving

e) Used for any illegal purpose or in any race, rally or contest;

f) Used to tow any vehicle or trailer;

h) Used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle Manual or on the Vehicle or specified in this Agreement;

i) Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material.

j) NOT to be driven on Country roads at SUNSET or AFTER Dark as the risk of COLLISION with Native Wildlife is Greatly increased.

11.2 Road restrictions apply as follows:

Vehicles must not be used on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete). Off road conditions include, but are not limited to: fire trails, beaches, sand, tracks, fields or paddocks. The only exception to this is reasonable use of access roads to recognized commercial campgrounds.

11.3 We value your well-being, and for safety purposes Awesome reserves the right, at its sole discretion, to restrict vehicle movements in certain areas due to adverse road or weather conditions, and the instance to nominated destinations in relation to the length of hire period. Awesome will advise you on pick up of any travel restrictions known at that time.

11.4 Where Awesome mandates a change in drop off location, fees as per Clause 6 will not apply.

11.5 The Customer shall not make any alternations or additions to the Vehicle without the prior written consent of Awesome.

11.6 The Customer will not allow any animals to be carried in the Vehicle, excluding registered guide dogs.

11.7 The Customer shall take all reasonable steps to properly maintain the Vehicle, including daily checks of the oil, water and batteries, and will contact Awesome immediately should vehicle warning lights indicate any potential malfunction.

(12) MAINTENANCE AND REPAIRS

12.1 Awesome will reimburse customers for expenditure up to AU$100 reasonably incurred in rectifying any mechanical failure to the drive train and engine of the Vehicle. For repairs costing over AU$100, Awesome will need to be informed and confirm the repair in advance. Repairs will be approved and reimbursement, where applicable, will be granted provided the Customer was not responsible for the damage. In all cases, receipts must be submitted for any repair or the claim will not be paid.

12.2 Subject to the terms of the Excess Reduction, the Customer will pay for the cost of repairing or replacing the tyres damaged during the Rental Period except if the tyre is defective and is returned by the Customer to Awesome for inspection and is subject to a warranty claim on the manufacturer.

12.3 The Customer will be liable for any cost associated with the incorrect use of fuel (being diesel or petrol), this includes Bio-Diesel which should NOT be used, or water or other contamination of fuel.

12.4 The Customer will pay Awesome the daily rental rate for the period the Vehicle is off fleet for accident repairs.

(13) ROAD SIDE ASSISTANCE

Any problems associated with the Vehicle, including equipment failure, must be reported to Awesome within 24 hours in order to give Awesome the opportunity to rectify the problem during the rental. Failure to do so may compromise any claims for compensation. Awesome reserves the right not to accept liability for any claims submitted after this period.

Please contact Awesome on: 1300 930 803.

(14) VEHICLE AVAILABILITY

14.1 Vehicles cannot be requested by make or model, only by vehicle category.

14.2 Awesome will endeavor to supply the vehicle category selected, however should the Vehicle booked be unavailable through unforeseen circumstances, Awesome reserve the right to substitute an alternative vehicle without prior notification. The alternative Vehicle shall be as close a substitute for the booked vehicle as possible. Awesome will reasonably determine what, if any, refund may be warranted if a vehicle substitution is required.

14.3 Should the customer decide to take a lesser Vehicle than booked they will not be entitled to any refund.

(15) TITLE TO VEHICLE

The Customer acknowledges that Awesome retains title to the Vehicle at all times. The Customer shall not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.

((16) FOR YOUR PROTECTION

Personal Injury is covered in most cases through Registration Third Party Insurance. However, we strongly recommend that all people travelling in Australia take out Personal Travel Insurance.

Awesome does not accept any liability for personal injuries sustained during rental.

(17) VEHICLE DAMAGE - EXCESS REDUCTION OPTIONS

17.1 The Customer understands that:

a) The Vehicle is insured for third party vehicle and property damage;

b) The Customer will have to pay an excess in respect of any damage incurred whilst in the Customer’s possession;

c) The excess may be reduced by taking out Excess Reduction coverage (see below)

17.2 Any Excess Reduction is void, and the Customer will be responsible for the total cost of any damage (as per Clause 17.6) if the Customer breaches any of the conditions of Clause 11.

17.3 If no Excess Reduction Option is taken, the Customer is responsible for the first AU$3500.00 of the cost of damage as described in Clause 17.6

EXCESS REDUCTION OPTIONS

You are required to take one of the following Excess Reduction Options:

17.4 The excess applies in respect of each claim, not rental.

17.5 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 only if Awesome is successful in recovering the cost of the damages from the third party. Please note that third party claims can take months or even years to resolve.

17.6 Damage includes any and all damage to third party property, damage to the rented Vehicle including windscreens, tyres, towing and recovery costs, theft, fire, break-in or vandalism. This also includes the cost of the daily rental rate for the period the Vehicle is off fleet for repair.

(18) LIABILITY C COVER

Awesome Liability C Cover is a full cover option. Subject to Clauses 17 and 19, where Liability C cover is taken out, the Customer will pay no excess for any damage to the Vehicle, including tyres, all window/glass breakages (with the exception of sunroof), under body and overhead damage.

AWESOME STRONGLY RECOMMENDS OUR CUSTOMERS TO TAKE OUT LIABILITY COVER C FOR COMPLETE PEACE OF MIND.

WE ALSO STRONGLY RECOMMEND THAT YOU DO NOT DRIVE ON COUNTRY ROADS AT SUNSET OR AFTER DARK AS THE RISK OF COLLISION WITH NATIVE WILDLIFE IS GREATLY INCREASED.

(19) EXCLUSIONS

The Customer acknowledges that they are responsible for all costs for the following damage irrespective of Excess Reduction options that may have been taken. Damage as identified below is specifically excluded from any Excess Reduction or Liability C Cover limitation of liability and the Customer remains fully liable for all costs incurred:

a) For any damage due to vehicle use in contravention of Clause 11 “Use of Vehicle”;

b) Any damage caused by willful misconduct (e.g. sitting or standing on the bonnet or roof of the Vehicle) and driving under the influence of alcohol or drugs and negligence resulting in damage to the hired Vehicle or third party vehicle/property;

c) For any loss or damage to personal belongings: Awesome recommends the Customer does not leave valuables in the Vehicle and that they take out personal insurance;

d) If the Customer is proven to have not abided by the current road rules, resulting in damage to the hired Vehicle or third party vehicle/property;

e) The cost to retrieve or recover the Vehicle, which as the result of accident is un-drivable or which has become bogged;

f) The cost to replace keys which have been lost or stolen, or retrieval of keys which have been locked in the Vehicle;

g) For any costs relating to overhead or under body damage however caused (not excluded with Liability B Cover);

h) Drivers not identified on the rental agreement and/or drivers that have a Licence that has been cancelled or suspended and/or drivers who have a Licence that is classified as a Learners (L) or Probationary (P) Licence;

i) Any damage to the sunroof;

j) Any damage caused by driving while the Vehicle’s engine is overheated; and

k) Any damage caused to the interior of the Vehicle.

l) Any damage caused to the roof pod or roof top tent mounted upon the Vehicle.

(20) VEHICLE SECURITY DEPOSIT

20.1 On pick-up of the Vehicle, the Customer agrees to pay a Vehicle Security Deposit. The Customer authorizes Awesome to deduct from the Security Deposit any amounts due by them to Awesome arising out of the Agreement. The Vehicle Security Deposit amount is determined by the Excess Reduction Option selected.

20.2 If the Customer does not take the Liability A or Liability B or Liability C options, the Security Deposit of AU$3500.00 is payable by credit card or by cash.

20.3 If the Liability A option has been taken the Security Deposit of AU$2500.00 is payable by credit card or by cash.

20.4 If the Liability B option has been taken, a Security Deposit of AU$1500.00 is payable by credit card or by cash.

20.5 The Security Deposit is fully refundable provided the Vehicle is returned on time, to the correct location, undamaged, with a clean exterior, with a clean interior, and with a full fuel tank (vehicle petrol).

20.6 Awesome reserves the right to retain a AU$150 soiling fee if the Vehicle is not returned with the interior and exterior in a clean condition and free of mud, dirt and insects.

20.7 Awesome reserves the right to retain a AU$100 fuel fee if the Vehicle is not returned with a full fuel tank.

20.8 Our depots do not keep cash overnight and are unable to refund bonds as cash.

Any cash bond due for return will transferred to a bank account nominated by the Hirer. Any bank fees associated with this are to be borne by the Hirer.

(21) COMPANY’S INDEMNITY (DAMAGE COVER)

21.1 Subject to Clause 21.3, if the Vehicle is involved in a collision with another motor vehicle (“the Incident”) during the Hire Period (other than whilst you were reversing the Vehicle), then you may purchase an indemnity (“the Indemnity”) from the Company by paying the Liability Fee and providing an Incident Report to the Company within 24 hours of the Incident. By purchasing the Indemnity, you agree; (i) that the Company may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that You at any time have or might have against any other person (except for the personal injury) because of the Incident are assigned to the Company (“the Rights”).

21.2 If you purchase an Indemnity, the Company will indemnify you in respect of any judgment of a court obtained by a third party against you for any property loss or damage arising from that “Incident” up to a limit of $50,000 (inclusive of legal cost and interest), except for loss or damage of property in your possession. However, the company will not indemnify you if you were not entitled to purchase an Indemnity at the time the Liability Fee is paid by or charged to you or purportedly so paid or charged, or if you breach this Agreement at any time after the “Incident”.

21.3 You are not entitled to purchase an Indemnity if You:

(i) are in breach of this agreement at the time of or at any time after the “Incident”;

(ii) are covered by any contract of insurance:

(iii) have admitted fault or liability for the “Incident”;

iv) have done or omitted to do anything that in the Company’s unfettered opinion detrimentally affects any of the rights or its ability to defend any legal proceedings; or

(v) cannot or do not identify the other vehicle or driver involved in the “Incident”.

(22) PROCEDURES IN CASE OF ACCIDENT

If the Customer is involved in a motor vehicle accident whilst on hire, the following procedures should be followed:

a) AT THE ACCIDENT SCENE THE CUSTOMER MUST:

1. Obtain the names and addresses of third parties and any witnesses.

2. Report the accident to police, regardless of estimated damage costs.

3. Not accept blame or insist the other party is at fault.

4. If possible, photograph damage to all vehicle(s) and registration number(s).

5. Phone the nearest Awesome Branch with the accident’s details within 24 hours.

b) AT THE BRANCH:

1. The Customer must produce their Driver’s Licence and hand over the police report (if applicable) and any supporting photographs.

2. The Customer is required to pay the excess (if applicable) and any other amount due by them in respect to any damage arising from an accident, loss, or damage. This amount is payable at the time of reporting “the event” and not at completion of the Rental Period.

3. The Awesome Customer Service Representative will ensure the Motor Vehicle Accident Report is completed clearly and accurately signed by the Customer.

c) EXCHANGE VEHICLE:

1. The availability of an Exchange Vehicle is not guaranteed; provision is subject to availability, client location, accident liability and remaining hire duration. Client charges may be incurred (see below).

2. If an exchange Vehicle is required as a result of an accident, the Customer is responsible for making their own way to the nearest Awesome branch or pick up location at their own expense.

3. The Customer will pay for any costs relating to delivery of an exchange vehicle as a result of any single vehicle accident. This charge applies irrespective of any excess reduction taken.

4. A new Security Bond will be required for the exchange vehicle.

IMPORTANT NOTE:

Under NO circumstances should the Customer attempt to start or drive a vehicle that has been involved in an accident or wildlife accident, damaged by roll-over, water submersion or by any other means without permission from Awesome.

If the vehicle is un-drivable after an accident and the Customer would like to have a replacement vehicle, this will be subject to availability, distance and time. In accordance with Clause 22 (c), the Customer must at his/her own expense, make his/her own way to the nearest Awesome Branch. If a replacement vehicle is available and accepted by the Customer for the remainder of the Rental Period a new Excess Reduction policy will be required.

(23) INFRINGEMENTS

Awesome reserves the right to charge the Customer for any traffic or parking fines or unpaid toll notices received; associated administration costs and/or accidents including third party property damage not reported on return of the Vehicle. The administration fee per incident or fine/notice received will be AU$55.

(24) RENTAL CHARGES

Total charges as set out in your rental agreement are not final. The Customer will pay any shortfall in charges to Awesome and the Customer will receive a refund for any over charges made by Awesome. Wherever possible, any amendment to charges will be notified to the customer at conclusion of rental, and the customer agrees to payment of any such charges at the time.

(25) PAYMENT OF CHANGES – JOINT AND SEVERAL LIABILITIES

All charges and expenses payable by the Customer under this Agreement are due on demand by Awesome including any collection costs and reasonable legal fees incurred by Awesome. When the Customer comprises of more than one person, each person is liable jointly and severally for all obligations of the Customer pursuant to this Agreement.

(26) CONDITIONAL UPON PAYMENT

The Customer agrees that provision of any rental vehicle is conditional upon Awesome being paid (prior to travel commencing) by the Travel Agent or Travel Wholesaler who arranged the vehicle rental on the Customer’s behalf.

(27) TERMINATING THE AGREEMENT & REPOSSESSING THE VEHICLE

27.1 The Customer acknowledges that Awesome may terminate this Agreement and repossess the Vehicle (and for that purpose enter upon any premises and remove the vehicle) at any time, without notification to the customer, and that the Customer will pay the reasonable cost of repossessing the Vehicle, including towing charges if:

a) The Customer is in breach of any material term of this agreement, particularly Clauses 11 and 32;

b) The Customer has obtained the Vehicle through fraud or is representation;

c) The Vehicle appears to be abandoned;

d) The Vehicle is not returned on the agreed return date or Awesome reasonably believes that the Vehicle will not be returned on the agreed return date; or

e) Awesome considers, on reasonable grounds, that the safety of the passengers or the condition of the Vehicle is endangered.

27.2 The Customer understands that in the event of such termination or repossession, the Customer has no right to a refund of any part of the rental charges or the Security Deposit.

(28) STAMP DUTY TAXES

All prices quoted include 10% GST an additional 2.5% fee will be added to the total rental charge to cover state government fees, duties and associated costs.

(29) CREDIT CARD

29.1 Awesome accepts payment by Visa and MasterCard, which attract a merchant surcharge of 2.5%. Please note that the credit card administration fee is non-refundable regardless, even if the cancellation is made within the acceptable time period stated under Awesome cancellation policy.

29.2 If a credit card is presented as payment, the credit card holder will be jointly and severally liable as a Customer.

29.3 When payment is made by credit card, the Customer agrees that: Awesome is irrevocably authorized to complete any documentation and take any other action to recover from the Customer’s credit card issuer all amounts due by the Customer pursuant to this Agreement, including, but not limited to, any amounts due in respect of damage to the Vehicle or to property of a third party and all other additional charges as they are incurred including all parking and traffic infringement penalties, road toll fines and associated administration costs;

29.4 The Customer will not dispute his/her liability to Awesome for any amount properly due under this Agreement and the Customer shall indemnify and keep indemnified Awesome against any loss incurred (including legal costs) by reason of notifying the Customer’s credit card issuer of such dispute; In the event that Awesome elect to accept payment of the Security Deposit by holding a signed and authorized open credit card voucher which is returned to the Customer at the completion of the Rental Period, the Customer agrees that Awesome is entitled to recover payment from the Customer’s credit card issuer pursuant to paragraph (a) in respect of any amounts due which were not known at the time of return of the voucher; and Awesome may process credit card charges pertaining to the rental after the hire period.

29.5 The Customer acknowledges that all transactions under this Agreement are conducted in Australian Dollars.

29.6 Due to exchange rate fluctuations and bank fees, there may be a variance between the amount initially debited against the Customer’s credit card and the amount refunded.

(30) CANCELLATIONS

If a booking is amended within the cancellation fee period and subsequently cancelled, the cancellation fee for the original booking will apply.

The cancellation fees for vehicles are: