This Rental Contract comprises of the Rental Agreement, which specifies the hirer details as well as the Terms and Conditions (clauses 1-21) The Rental Contract is made on the date specified between Star Rentals (herein referred to as "Star Rentals") and the Hirer (herein referred to as "the Hirer") whose particulars are recorded in the Rental Agreement. It is hereby agreed as follows:
1. VEHICLE DESCRIPTION
Star rentals will let and the Hirer will take the motor vehicle (herein referred to as "the vehicle"), details of which are described in the Rental Agreement.
2. DURATION OF HIRE / AMENDMENTS TO HIRE
(a) The term of hire shall commence and cease at the time and dates specified in the rental agreement. Vehicle charges are on a 24 hour basis. The first hour of late return is free, thereafter you will be charged at $25 an hour for up to 4 hours, then $80 per day in addition to your current daily hire rate.
(b) Star Rentals must authorise any rental extension beyond that specified in the rental agreement prior to return of the vehicle. All extensions are subject to availability and must be requested at least 24 hours prior to the original drop off date on the rental agreement, where possible Star Rentals will oblige. Failure to comply may attract a penalty fee of up to $300.
3. BOND & DOCUMENTS REQUIRED AT PICKUP.
(a) A full valid driver's license, either 1 or 2 additional forms of ID, total rent amount, paid in advance, and a security bond is required at the time of hiring ($500 security deposit payable if paying via cash/debit card or $300 security deposit payable if paying via credit card).
(b) Specifically, the following documents proving ID are required:
(i) Australian Licence Holders - 2 forms of ID: Full driver’s licence with your current address, and an additional document such as utilities bill, or bank statement showing your current address.
(ii) Overseas Licence Holders - 3 forms of ID: Full driver’s licence, Passport, and proof of current address, ie. utility bills etc. If you cannot provide this, Star Rentals cannot rent you a vehicle.
(c) The bond is fully refundable provided the vehicle is returned on time to the correct location clean and tidy, undamaged and with the required amount of fuel.
(d) Star Rentals reserves the right to bank the bond after the termination of the rental period to cover the cost of any loss/damage to the hire vehicle and/or its accessories, un-notified infringements or damage to third party vehicles or their property.
(e) Where a third party causes damage, the Hirer is liable for damages as specified in their rental agreement. While Star Rentals will take reasonable steps to recover the damages from the at-fault party, there is no guarantee that these damages will be recovered, therefore the bond will be banked and only refunded once we receive full recovery from the other party.
4. PERSONS WHO MAY DRIVE THE VEHICLE
(a) The vehicle may be driven during the period of hire, only by the names of the Authorised Drivers or the Hirer on the rental agreement, and only if they are over 21 years of age at the time of this agreement, and hold a current and valid full Australian driver’s licence appropriate for the vehicle, which must be presented to Star Rentals at time of pickup.
(b) The Hirer is at all times, responsible for the acts and omissions of an authorised driver, or any other person, you allow to drive the vehicle. If you allow an unauthorised driver to drive the vehicle, and that unauthorised driver has an accident and/or causes loss of or damage to the vehicle or damage to the property of a third person, the Hirer will be personally responsible and liable for any expenses/costs payable. Star Rentals will not be liable for any loss/damage/costs incurred to and by third parties.
(c) A $15 per day fee applies to each and every extra driver on the agreement after the hirer.
4.1 USE OF THE VEHICLE & ADDITIONAL ITEMS
The hirer must not:
(a) Use the vehicle for courier/delivery services (unless previously obtaining the consent of Star Rentals);
(b) Assign, sublet or hire the vehicle to any other person, use or permit the vehicle to be used for carriage of passengers for the hire or reward unless the vehicle is hired with the knowledge of Star Rentals for use in a passenger service;
(c) Allow the vehicle to be operated outside his or her authority;
(d) Operate the vehicle or permit to be operated, outside of Metropolitan Melbourne (unless agreed by Star Rentals), in the snow, to carry any inflammable, explosive or corrosive materials, in circumstances that constitute an offence;
(e) Operate the vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the vehicle;
(f) Drive or allow the vehicle to be driven, by any person if at the time of his or her driving the vehicle, is not the holder of a current driver’s licence appropriate for the vehicle, or permit the vehicle to be driven by any person who is not an Authorised Driver named on the rental agreement overleaf;
(g) Install a roof rack, operate the vehicle or allow it to be operated to push, tow or propel any other vehicle, trailer, boat or other object; and
(h) Only use the vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
4.2 PERSONS WHO MUST NOT DRIVE THE RENTED VEHICLE:
a. A person who is not identified on the rental agreement;
b. A person who is not licensed for that class of vehicle;
c. A person whose blood alcohol exceeds the lawful level or a person under the influence of a drug;
d. A person who has given or for whom you have given a false name, age, address or driver's licence details;
e. A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years; and
f. A person who has held a driver’s licence for less than two years.
5. VEHICLE CONDITION AND RETURN
(a) The Hirer acknowledges that the Vehicle is the sole property of Star Rentals and that at the time of receipt of the Vehicle by the Hirer it was in good running condition and fit for the purpose for which it was required, and the Hirer has ascertained this on their own inspection of the Vehicle and not as a result of any representation made by Star Rentals, its employees or agents.
(b) The Hirer acknowledges that the only existing damage to the Vehicle at the commencement of this Agreement is that detailed on the Vehicle Condition Report. It is essential that all existing damage is noted by the Hirer on the Vehicle Condition Report. Any damage which has not been noted on the Vehicle Condition Report will constitute damage which has occurred subsequent to the commencement of this Agreement for which the Hirer shall be charged.
(c) The Hirer agrees to return the Vehicle in the same condition, except for ordinary wear and tear (not including windscreen or tyre damage) together with its tools, tyres, accessories and equipment on the Return Location on the Return Date specified in the rental agreement(or sooner, if demanded by Star Rentals).
(d) Should the Hirer decide to voluntarily return the vehicle (including car keys) and accessories to the location specified in the agreement prior to the expiry of the hire term, the Hirer will not be entitled to a refund.
(e) Star Rentals reserves the right to charge a relocation fee of up to $500 to the Hirer if the vehicle has been returned to a different location than what was agreed.
(f) Star Rentals shall have the right to terminate the agreement and repossess the vehicle (and for that purpose enter any premises and remove the vehicle) at any time, without notification to the Hirer, and the Hirer will pay reasonable costs of repossessing the vehicle, including towing charges, in any of the following circumstances:
1. The Hirer is in breach of any material term of this agreement;
2. The Hirer has obtained the vehicle through fraud or misrepresentation;
3. The payment for the rental is in arrears;
4. The vehicle appears to be abandoned or damaged;
5. The vehicle is not returned on the agreed return date; and/or
6. Star Rentals considers, on reasonable grounds, that the vehicle is endangered.
In the event of such termination or repossession the Hirer has no right to a refund of any part of the rental charges. The termination of the hire under this clause shall be without prejudice to the other rights of Star Rentals under this agreement or otherwise.
6. OBLIGATIONS OF THE HIRER
(a) The Hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when left unattended, that the keys are under the hirer’s or the authorised driver’s control at all times, and that all applicable seat belt and child restraint laws are complied with.
(b) (LONG TERM HIRERS) The Hirer shall:
(i) provide their correct name, address and contact number, and notify Star Rentals of any changes.
(ii) Ensure that the recommended levels are maintained with respect to the water in the radiator and battery of the vehicle, the oil and the tyre pressures of the vehicle, and always maintain at least more than ¼ tank of Fuel.
(iii) Return the vehicle to Star Rentals or to the mechanic nominated by the company for the periodic vehicle services and maintenance. If the vehicle is not presented by Hirer to Star Rentals for the routine servicing, hirer will be liable for any damage/repair/expenses that was caused as a result of hirer’s failure to arrange servicing of the vehicle at the prescribed time.
(iv) Tyre repairs, lost or broken hubcaps, windows and windscreens damage are the hirer’s responsibility, unless tyre/windscreen waiver has been purchased
(v) Courier Services are not covered by Star Rentals’ Insurance, hence Long term hirers who are using the vehicle for Courier Services, must organize their own insurance, provide a copy of their certificate of currency to Star Rentals prior to hiring, and accept all liability for:
(1) Any loss of, or damage to, the vehicle and its accessories;
(2) Any consequential damage, loss or costs incurred by Star Rentals, including salvage costs, loss of ability to re-hire and loss of revenue; and
(3) Any other relevant loss or damage. It is the long term hirer’s (for courier services) responsibility to maintain and continue paying for their courier insurance. Failure to do so will deem them liable and responsible for all loss/damage/repairs mentioned in clause v (above).
(c) Smoking and or animals are not permitted in the vehicle at any time. The vehicle has to be returned in a similar state of cleanliness as when it was picked up. Cleaning fees of at least $200 will apply if the vehicle requires extensive cleaning.
(d) FUEL - You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications. Failure to do so will make your liable for any expenses/costs incurred in any damage repair. The vehicle must also be returned with the same amount of fuel as at the time of the commencement of the rental. If the vehicle is returned with less fuel you will be charged the cost of the fuel plus a re-fuelling fee of $50. The Hirer is absolutely liable for the cost to refuel the vehicle.
(e) All Authorised Drivers are bound by the terms and conditions of the hire and must carry their driver’s licence with them when driving.
7. CANCELLATION POLICY
The cancellation fee that applies to a confirmed reservation is based on a percentage of the total rental costs:
(a) 100% of the total rental if cancelled on the day of pick up;
(b) 50% of the total rental if cancelled 2 days prior to the pickup date; or
(c) All other cancellations are subject to 10% of the total rental.
Should the Hirer decide to voluntarily return the vehicle (including car keys) and accessories to the location specified in the agreement prior to the expiry of the hire term, the Hirer will not be entitled to a refund.
8. ROADSIDE ASSISTANCE
All vehicles are registered with the RACV for 24hr roadside assistance This service covers all Mechanical and Non-Mechanical breakdowns.
(a) All Mechanical breakdowns are covered by Star Rentals and include the following: Engine faults, Electrical faults, Cooling system, and Vehicle recovery.
(b) All Non-Mechanical breakdowns are subject to an $80 call out fees (plus any other additional costs incurred in repairing the damage/loss. Refer to Clause 16b for further details) to the Hirer and include but are not limited to the following;
1. Out of fuel / incorrect fuelling of the vehicle.
2. Wheels and tyres
3. Keys being lost or locked inside the vehicle.
4. Flat batteries as a result of the lights or keys being left on.
5. A breakdown as a result of damage caused in an accident, including salvage.
(c ) Roadside assistance is not covered if the vehicle has been used in breach of clauses 3, 4 and 5.
9. MECHANICAL REPAIRS
a) If warning lights appear in the vehicle, or if there are any new damages, the driver must cease driving as soon as practical and Inform Star Rentals immediately. For new damages, all necessary paper work required by Star Rentals must be completed by the Hirer before the termination of the hire. Failure to do so will result in a fee of up to $500 and the possibility of the Hirer being fully liable for the damage.
(b) If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the Hirer, Star Rentals will undertake to arrange the repair or replacement with another vehicle as soon as practicable.
(c) If there is a defect or mechanical failure of the vehicle during the hire, the Hirer must notify Star Rentals immediately. If the Hirer fails to notify Star Rentals then the Hirer waives Star Rentals obligation to investigate the issue of which the Hirer will be liable for any resulting damage.
(d) The Hirer shall not arrange or undertake any repairs without Star Rental’s prior authority except to salvage the vehicle to prevent further damage to the vehicle or to other property. If the Hirer has had to pay to salvage the vehicle, the Hirer must inform Star Rentals within a maximum 12 hour period or forfeit the right to seek reimbursement of the salvage costs.
(e) If any repairs are required whereby Star Rentals has authorised then but the Hirer is not liable for the repairs, the Hirer will be reimbursed once the invoice or receipts have been provided to Star Rentals.
(f) The Hirer is not permitted to instruct any person to interfere with any mechanical aspect of the vehicle including, but not limited to, the distance recorder, speedometer, engine, transmission, braking or suspension systems of the vehicle.
10. FINANCIAL OBLIGATIONS
YOU ARE RESPONSIBLE FOR AND YOU AUTHORISE STAR RENTALS TO DEBIT YOU CREDIT CARD/DEBIT CARD (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:
a. All rental charges specified in the rental agreement.
b. All charges claimed from Star Rentals in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to Star Rentals.
c. All charges for repair to the vehicle including loss of use, legal expenses, assessment fees, towing and recovery, storage and company service charges where:
i. Any conditions of this agreement, and in particular conditions identified in Clauses 3, 4 and/or 5, have been breached;
ii. The vehicle is involved in a single vehicle accident unless Star Rentals waives such loss to an amount shown in the rental agreement;
iii. The interior or under-body of the vehicle is damaged regardless of cause in a single vehicle accident;
iv. You have left the vehicle unlocked, or not kept the key secure and under your personal control;
v. The vehicle is totally or partially immersed in water regardless of cause;
vi. The vehicle is damaged by driving it under or into an object lower than the height of the vehicle;
vii. You have failed to immediately rectify or report to us any defect of which you become aware; and
viii. The seal of the odometer has been broken – excess kilometres of 200 kilometres per day will also be charged.
11. ACCIDENTS & NEW DAMAGE
(a) In the event of an accident the Hirer must (carefully complete the Accident Damage Form, found in the glove box and contact Star Rentals immediately) and:
(i) record the Time/Date/Location of the accident;
(ii) record the other parties full names, addresses, vehicle registrations, car types as well as any property damage in circumstances where the accident did not involve another motor vehicle; (
iii) record the name of their insurance company; (iv) not admit liability;
(v) where possible, take some photos of the accident site and the damaged vehicles;
(vi) notify the nearest police station within 24 hours of the accident; and (vii) promptly report the accident within 24 hours to Star Rentals.
(b) If the Hirer admits liability for any claim, loss or demand, the Hirer agrees that such admission is a breach of this Agreement.
(c) In the event of an accident, the towing and retrieval of the Vehicle to the closest Company depot is at the Hirer’s expense up to the amount of your Liability Waiver where it applies or for the full amount where it doesn’t apply. There is no refund for monies paid for the unused portion of the rental period.
(d) A minimum administration fee of $250 per accident file will apply (to cover the costs of processing).
(e) Your Insurance Excess is applicable regardless of who is at fault and must be paid at the time the accident is reported, not at the completion of the rental. Your Insurance Excess will be refunded only if Star Rentals is successful in recovering the full cost of the damages from the third party. Please note that third party claims can take many months to resolve.
(f) The Hirers assistance maybe required if liability is being disputed by the at fault party, which means you may be required to attend a disputes tribunal hearing in person or via telephone conference.
(g) Where the car has been returned outside of office hours, the Hirer shall remain liable for any damage to the vehicle until it has been uplifted and checked by Star Rentals (including after it has been cleaned sufficiently to expose any new damage).
(h) Any underbody damage and or recovery of a vehicle which has become bogged or immovable due to off roading of the vehicle is not covered under the insurance cover therefore the Hirer is fully liable for these costs.
(i) Any roof damage due to entering low laying buildings or objects with height restrictions or by standing on the roof is a failure by the Hirer to comply with the warnings provided on the vehicle therefore the hirer is fully liable for these costs.
(j) Star Rentals reserves the right to charge a minimum $2000 fee in addition to any other costs if the vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers, flooded fords, salt water or on beaches.
(k) Failure to advise of an accident or new damage prior to the termination of the hirer will incur a fee of up to $500 claim handling fee and can result in the hirer becoming fully liable for all costs.
(l) Any events excluded in clause 13 are not covered by insurance therefore the Hirer will be fully liable for all costs associated with the event.
(m) If the vehicle is rendered unfit to drive after an accident, Star Rentals is not obliged to make any refund for the unused hire period and the provision of a replacement vehicle shall be at Star Rental’s sole discretion. Star Rental shall not be responsible for the cost of transporting the Hirer and any accompanying passengers away from the accident location. Star Rental reserves the right to provide the replacement vehicle subject to an increased Hirer’s liability.
(n) The Hirer shall be obligated to accept a quotation for repairs as proof of quantum for the damages caused to Star Rental’s vehicle. NOTE: If excess is not paid, hirer will be personally liable to pay for all repairs/damages and any additional costs associated with the accident. Star Rentals will not be liable and will not pay for any costs, and will be indemnified if such costs are paid. Third party damage/repair/legal costs or legal actions will be forwarded directly to hirer for payment.
(a) The Hirer is liable for:
1. Any loss of, or damage to, the vehicle and its accessories, including lights, windscreens, windows, wheels, tyres, punctures, interior and exterior damage;
2. Any consequential damage, loss or costs incurred by the owner, including salvage costs, loss of ability to re-hire and loss of revenue; and
3. Any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
4. Any loss or damage to any accessories on hire. (b) The Hirer agrees to release and indemnify Star 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.
Star Rental’s rental fleet is insured and under the Policy, every person named in this Agreement is a person permitted to drive the Vehicle, and is subject to the Insurance Exclusions.
IMPORTANT: Star Rentals is not providing insurance services to the hirer. Star Rentals manages the insurance provided under the Policy. Star Rentals reserves the right to determine whether or not to claim under the Policy.
In the event of damage to the vehicle, the Hirer agrees to immediately contact, and solely deal with Star Rentals.
(a) Motor vehicle insurance is offered by Star Rentals but the Hirer may make his or her own insurance arrangements provided these are approved by Star Rentals prior to the pick-up date. Courier/delivery drivers must organize insurance prior to hiring vehicles. If Star Rentals is not satisfied that the Hirer’s insurance is comparable with Star Rental’s insurance cover, Star Rentals may decline to hire the vehicle.
(b) If the Hirer elects to use Star Rentals’ insurance, any person named in the Rental Agreement as a person permitted to drive the vehicle is, subject to the terms and condition of this agreement.
(c) If the Hirer elects to use Star Rentals’ insurance the excess payable by the Hirer is the Basic Insurance Excess and is payable for each and every new damage involving the vehicle.
(d) Excess Charges for Commercial Vehicle (Vans, Truck, Bus) are as follows:
Drivers 21 to 24 years of age: Standard Excess: $7000, ER(Exccess Reduction):$4500
Drivers 24 years of age or over: Standard Excess: $3000, ER(Exccess Reduction):$1500
(e) Excess Charges for Passenger Vehicles are as follows:
Drivers 21 to 24 years of age: Standard Excess: $5500, ER(Exccess Reduction):$2500
Drivers 24 years of age or over: Standard Excess: $2500, ER(Exccess Reduction):$1100
14. INSURANCE EXCLUSIONS.
The following clauses are not covered by Star Rentals’ insurance policy and/or the event itself voids the insurance cover therefore the Hirer is fully liable for all costs.
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects their ability to drive the vehicle;
(b) The vehicle is in an unsafe or un-roadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the Hirer or driver was aware or ought to have been aware of the unsafe or un-roadworthy condition of the vehicle;
(c) The vehicle is driven by any person not named in the rental agreement;
(d) The vehicle is operated by any person who at the time drives the vehicle is disqualified from holding or has never held a driver’s licence appropriate for that vehicle;
(e) The vehicle including its accessories and spare parts is wilfully or recklessly damaged or lost due to wilful or reckless behaviour by the Hirer or any person named in the rental agreement, or driving the vehicle under the authority of the hirer. (Note: Damage to tyres, rims, burning out a clutch and any damage arising from using the vehicle to propel any other vehicle are regarded as wilful or reckless damage);
(f) At any time when the vehicle was operated beyond the term of the Rental Agreement or any unauthorised extension of the term, or at any other time or in any other circumstances notified by the owner to the hirer;
(g) The authorised drivers, or a person under the Hirer’s authority or control commits a reckless driving offence while driving the vehicle;
(h) At any time when the vehicle is loaded or is being loaded in excess of the manufacturer’s specifications;
(i) The vehicle, property or any other vehicle is damaged in circumstances which are illegal;
(j) The vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers, flooded fords, salt water or on beaches;
(k) The vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks or bicycle racks;
(l) Continuing to drive a vehicle if a warning light appears causing more damage to the vehicle;
(m) Costs to replace keys which have been lost or the retrieval of keys which have been locked inside a vehicle;
(n) In the event of a single vehicle accident, the Hirer is aware that they are liable for any salvage and recovery costs of the vehicle;
(o) Hirer’s Personal belongings are not covered;
(p) The incorrect filling of fluid or fuel tanks;
(q) Grooming of the vehicle’s interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorising;
(r) Any underbody damage and or recovery of a vehicle which has become bogged or immovable due to off roading of the vehicle;
(s) Loss or damage to any Accessories on hire;
(t) Any roof damage due to entering low laying buildings or objects with height restrictions or by standing on the roof is a failure by the Hirer to comply with the warnings provided on the vehicle;
(u) Failure to advise of an accident or new damage and complete the relevant claim forms prior to the termination of the hirer;
(v) single vehicle accidents; and
(w) The Hirer acknowledges that by signing this agreement that the Hirer is aware of all these exclusions.
15. TOLL NOTICES & INFRINGEMENT FEES
It is the hirer’s responsibility to pay for all toll and parking invoices, and to abide by the road rules.
a) In the event that Star Rentals receives an Unpaid Toll Notice relating to the period the vehicle was on hire, Star Rentals will nominate the Hirer and an Administration fee of $20 will be charged per notice in addition to the toll fees.
(b) In the event Star Rentals receives an infringement notice of a speeding, parking or other traffic infringement relating to the period the vehicle was on hire, Star Rentals will;
1. Notify and provide the Hirer details of the infringement notice as soon as is practical.
2. Provide the necessary information to the relevant authority for such notices to be directed to the Hirer.
3. An administration fee of $20 will be charged to the Hirer for transfer of liability of the notice to the Hirer.
4. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.
16. ADDITIONAL CHARGES AND PAYMENT BY HIRER
(a) The Hirer shall pay Star Rentals the agreed sum specified in the rental agreement prior to pick up or on pick up. For long term rentals, subsequent payments will be deducted by the company from the Hirer’s credit card weekly or as agreed with the renter.
(b) The Hirer is liable for any damage or missing accessories, including but not limited to lost keys, damage caused by use of incorrect fuel type. The replacement cost will be based on the current retail replacement value of the accessory/vehicle at the time of loss.
(c) Your Insurance Excess is applicable regardless of who is at fault and must be paid at the time the accident is reported, not at the completion of the rental.
(d) Any events excluded in the Insurance exclusions are not covered by insurance therefore the Hirer is fully liable for all costs associated with the event.
(e) In addition to the payment specified, the Hirer acknowledges that they shall be liable to pay Star Rentals any applicable additional fees these include, but are not limited to:
1. $20 Admin fee per Speeding, Parking or Traffic Infringement.
2. $20 Admin fee per Toll notice in addition to the toll costs.
3. $15 Additional Driver fee per driver per day added.
4. $50 Refuelling fee plus the cost of fuel if the vehicle is returned not same Level as the pick up.
5. Unauthorised Extensions fee up to the value of $500.00 in addition to the current daily rental rate.
6. Vehicle pick up fee up to the value of $500.00
7. Claim Handling fee up to the value of $500.00 for failure to advise of an accident or new damage and complete the relevant claim forms prior to the termination of the hirer.
8. Star Rentals reserves the right to charge a minimum $2000.00 Water/sand damage fee in addition to any other costs if the vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers, flooded fords, salt water or on beaches.
9. Minimum $200 Grooming fee for vehicle’s interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorising.
10. Each Vehicle has a limit of free mileage per day. Extra charges will apply after free kms, unless prior arrangements been made.
(f) Star Rentals will deduct the charges set out in clauses 16a – 16e from the Hirer’s credit card during or after the term of Hire is completed, or the Hirer may pay such charges as agreed with Star Rentals, such choice to be at Star Rental’s sole discretion.
(g) The Hirer expressly and irrevocably authorises Star Rentals to deduct all charges determined by Star Rentals in its sole discretion to be payable under this Rental Contract from the Hirer’s credit card and such authority shall not be revoked without the prior written approval of Star Rentals.
(h) The Hirer agrees that in the event of a dispute arising as to whether a fee has been appropriately charged to the Hirer’s credit card, the Hirer will not seek to have the charge on the Hirer’s credit card reversed, but will rather contact Star Rentals directly to discuss whether the charge has been applied in error.
(i) If the Hirer fails to pay any money due under or in connection with the Rental Agreement within 7 days of the date by which the Hirer was required to pay the money, Star Rentals may, without prejudice to any other rights or remedies Star Rentals may have or be entitled to, charge the Hirer and the Hirer must pay all additional costs as outlined:
(a) interest at 10% (compounded daily) on the total amount owing from the expiry of 7 days from the date on which the Hirer was required to pay the money to the date of payment;
(b) All costs for the collection of any unpaid money by a debt collection agency or other external (VCAT) or legal agency will be at the Hirers cost, and
(c) return of the vehicle at the pickup location. The default will also be recorded on the hirer’s credit rating.
(j) If the vehicle is not return on the date and by the time shown on the Rental Document (or any extended date or time agreed with Star Rentals) then:
(a) after written notice to the hirer and if the location of the Vehicle is unknown, Star Rentals may report the Vehicle as stolen to the Police; and
(b) the hirer must pay Star rentals all Rental Charges (including additional Rental Charges) and compensate Star Rentals in accordance with any loss Star Rentals suffers (including all reasonably additional costs Star Rentals incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by Star Rentals. This also applies to when rent is in arrears and the hirer has not paid the arrears within 7 days and has not returned the vehicle.
(a) Due care should be taken with any accessory while rented from Star Rentals. Do not leave GPS unit insight when the vehicle is unattended.
(b) Star Rentals is not responsible for any harm, damage, loss or misadventure that occurs as a result of the use or misuse of any accessories on hire.
(c) The Hirer agrees to follow all safety and usage guidelines provided by the manufacturer and Star Rentals.
(d) The Hirer is liable for any damaged or missing accessories. The replacement cost will be based on the current retail replacement value at the time of loss.
18. RELEASE AND INDEMNITY OF STAR RENTALS.
(a) The Hirer releases Star Rentals and its employees and agents from any liability to the hirer, for any loss or damage incurred by the hirer by reason of rental, possession or use of the vehicle.
(b) The Hirer hereby indemnifies and shall keep indemnified Star Rentals and its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by the Hirer by reason of the hirer’s use and/or possession of the vehicle.
(c) Any indemnity required of the Hirer shall not operate to indemnify Star Rentals in respect of any negligent act by Star Rentals.
(d) STAR RENTALS GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(e) No right of Star Rentals under this agreement may be waived except in writing by an officer of the company.
19. PERSONAL PROPERTY SECURITIES LAW
The following terms have their respective meanings in the Personal Property Securities Act (Cth) (PPSA) – financing statement, interested person, register, proceeds, security agreement and security interest. (A) You acknowledge that;
(i) By renting the car from Star Rentals you may be granting a security interest in the vehicle and any proceeds to Star Rentals and that this rental agreement may constitute a security agreement.
(ii) Star Rentals may perfect its security interest by lodging a financing statement on the PPSA register.
(B)Star Rentals does not need to give the hirer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
(C) The hirer must do anything reasonably required by Star Rentals to enable Star Rentals to register its security interest, with the priority it requires, and to maintain the registration.