Please carefully read this agreement because it contains some important information regarding your responsibilities.
Some of the more important items are:
- Drivers need to be aged 30 years or over at the time of hire.
- These cars are valuable pieces of Australian Motoring History and should be treated as such. It is your responsibility to make sure they are parked in a safe and secure location. Charges will apply for damaged or stolen items.
- Cars are not to be taken on gravel roads other that those specified below.
- We have a maximum Accident Damage excess of $3,300.
- Excess Cover can be purchased at $20 per day reducing the maximum excess to $750.
- No smoking is allowed in any vehicles.
Any driver or authorised driver must be aged 30 years or over at the time of hire.
Drivers must complete a drive declaration prior to the rental date.
At the time of rental, the renter must present a valid driver's licence issued from country of residence that has been held for a minimum of one year. If the licence is not in English, then an International Driver's License is also required.
You are fully responsible and liable for Damages where the vehicle is used on any road or other surface which is not sealed other than a road under repair, short access roads to National or State Parks, tourist attraction or holiday accommodation, or a road notified to You by Aussie Legends.
The following roads are prohibited from use:
- The unsealed roads connecting Smithton and Zeehan:
(a) On the West Coast, any further south thanthe Arthur River township; and
(b) Inland any further south than where the Kanunnah Bridgecrosses the Arthur River.
- The back roads between Orford and Copping on the Southeast coast.
- The Ben Lomond Road above the bottom of Jacob's Ladder.
These cars are valuable pieces of Australian Motoring History and should be treated as such. It is your responsibility to make sure they are parked in a safe and secure location. Charges will apply for damaged or stolen items.
Cars cannot be removed out of Tasmania.
You acknowledge the Vehicle is delivered to You in good operating condition. You agree to return the Vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING windscreen or tyre damage) together with it's tools, tyres, accessories and equipment on the date and place specified on the agreement (or sooner if demanded by the Company). The Company may take possession of the Vehicle without prior demand to You and at your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned.
If you return the vehicle in a damaged state, generally speaking, you will be liable for the cost of repair of the damage (plus the cost of repairing damage to any other vehicle or property with which the rental vehicle collided) up to the amount of the Accident Damages Excess (ADE), which is a maximum of AUD$3300.00 (inclusive of GST).
Where it appears to Aussie Legends that the cost of repairing the damage (plus the cost of repairing damage to any other vehicle or property with which the rental vehicle collided) may approach or exceed the amount of the ADE, Aussie Legends will charge your credit, charge or debit card with the full amount of the ADE. If it later transpires that the actual cost of repairs are less than the ADE, Aussie Legends will promptly credit the difference to your card.
If the rental vehicle is damaged in a Single Vehicle Accident (an accident not involving a collision between the rental vehicle and another vehicle, other than a parked vehicle), you are liable for the cost of repair up to the amount of the ADE plus AUD$2,200 (inclusive of GST). This currently applies to all vehicles at all locations and can be waived with the purchase of Maximum Cover.
You may purchase optional Renter Protection Services to reduce the amount you are potentially liable to pay for and damage to the rental vehicle or any damage to any other vehicle or property with which the rental vehicle collided.
You should be aware that in some circumstances, you may be fully responsible and liable for loss or damage even where you have accepted one of the Renter Protection Services.
These Renter Protection Services options are as follows:
- Reduces Accident Damages Excess to $750.
- Tyre & Windscreen cover.
- Single Vehicle Accident Excess buy out.
Where MAX is purchased the ADE for damage to tyres and/or windscreen of the rental vehicle is reduced to zero.
How to obtain cover
Cover under a Renter Protection Service becomes effective when the renter pays the additional daily charge. Such charge is due in full for each full or partial rental day.
The Vehicle must never be used:
» recklessly, or with deliberate intent to cause injury, loss or damage;
» outside Tasmania;
» for committing an illegal or unlawful act;
» for racing or undertaking reliability trials or other contests;
» for conveying passengers for hire or reward
» for hauling any goods that are incorrectly or inappropriately loaded or for the haulage of which the vehicle was not designed (including any hazardous materials, such as any gases or substances which may form explosive mixtures); or
» for towing a trailer or any other vehicle, unless the Vehicle has a towbar, you have permission from Aussie Legends, and the weight and dimensions of the item being towed do not exceed the specified capacity of the Vehicle.
A person who is not identified on the agreement as either the Hirer, Joint Hirer or Authorised Driver;
- A person who is not licensed to drive the hired class of Vehicle;
- A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle;
- A person who is driving the Vehicle whilst under the influence of a drug;
- A person has given or for whom You have given a false name, age, address or driver's license details;
- A person whose driver's license has been cancelled, endorsed or suspended within the last three years;
- A person who has held a driver's license for any class of Vehicle for less than two years;
A person who uses or intends to use the Vehicle for an illegal purpose;
» You will be fully responsible and liable for Damages where the Vehicle is used:
» on any road or other surface which is not sealed other than a road under repair, a short access road to a National or State Park, tourist attraction or holiday accommodation or a road notified to you by Aussie Legends.
» in any Alpine Resort during the gazetted snow season or in any other area under conditions where a reasonable person would use snow chains, unless SNO is offered to and accepted by you as noted on the Form; (see Alpine Driving)
» on any beach or in any other area exposed to saltwater;
» in any area or under any circumstances (including crossing a waterway) where the Vehicle may or does become partially or totally immersed in water;
» under any circumstances where the Vehicle may or does sustain damage to the body or undercarriage as a result of making contact with a stationary object overhanging or on the road surface(including driving or attempting to drive under, over or around any such object);
» in any other area or region specified to you by Aussie Legends as an area or region in which the Vehicle must not be used.
» to the extent permitted by applicable law, You will lose the benefit of any limitation on Your liability for loss of or damage to the Vehicle, even if You have accepted MAX,(refer to Insurances and Other Coverage's section); and
» will constitute a breach of the Agreement, making you responsible, to the fullest extent permitted by applicable law, for the actual and consequential damages to Aussie Legend caused by the breach, together with Aussie Legends related costs and legal fees.
Personal Injuries
The liability of any Authorised Driver of a rental vehicle for causing personal injuries to other persons resulting from use of the rental vehicle is covered by the statutory schemes relating to transport accident compensation in each State and Territory of Australia (subject to the conditions and limitations of those schemes). For details of the scope, conditions and limitations of this coverage, you should contact the relevant authority in the State or Territory in which the vehicle you rent is registered.
You must meet the minimum age restrictions, present a valid driver's licence and possess an acceptable charge card in your name.
Additional Drivers - Apart from the renter, who may operate the vehicle...
Other persons wishing to drive must present their licence at any Aussie Legends office, in the presence of the renter any time during the rental. They must sign an "Additional Driver" form to be attached to the Rental Agreement.
There is no charge for Additional Driver.
Parking Tickets, Traffic Violations
Parking tickets are the responsibility of the renter.
Fuel
The Vehicle must be returned with the amount of fuel equal to that at the time of rental. If the Vehicle is returned with less fuel, the difference will be charged at a rate which may include a service component unless prior arrangement has been made and noted on Page 1. Any excess fuel will NOT be purchased from customer
- If there is any incident involving loss or damage to the Vehicle or involving the Vehicle while rented under this Agreement, You and/or the Authorised Driver shall promptly report such incident to the Company at the location where the Vehicle was hired as well as delivering to the Company immediately upon receipt by You and/or the Authorised Driver, every summons compliant or paper in relation to such incident involving such loss or damage. You and/or the Authorised Driver must also report all incidents to the police or other proper authority (WITHIN 24 HOURS OF INCIDENT) :
- You and/or the Authorised Driver irrevocably release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to your personal property, or that of any other person's property left in the Vehicle, or which is received, handled or stored by the company at any time before, during or after the rental period, whether due to the Company's negligence or otherwise.
- You and/or the Authorised Driver acknowledge that the Company relies on the truth of your/the authorised Driver's representations in this Agreement;
- You and/or the Authorised Driver will not refuse or fail to take any blood analysis or breath test requested by the police.
- Except as provided by law, no driver or passengers in the Vehicle shall be or deemed to be the agent, servant or employee of the Company in any manner for any purpose whatsoever;
- The Company gives no express warranty in relation to the motor Vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where the Company is permitted to limit its liability under those statutes for breach of an implied condition or warranty the Company limits its liability to replacement, repair or re-supply of the Vehicle. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. The Company is not liable to You and/or the Authorised Driver for any indirect, special, incidental or consequential damages relating to this Agreement.
- No right of the Company under this Agreement can be waived except by writing of an authorised officer of the Company;
- Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, and noted on Page 1;
- Notwithstanding any other provision in this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, surcharge, levy of fee ("charges") imposed by Local, State or Federal Government that is charged and collected by the Company is imposed anywhere in Australia and has application to any supply or use made under or in connection with this Agreement or in relation to the use or the likely use of any roads, facilities or other infrastructure by You and/or the Authorised Driver or in relation to the provision of rental or other services to You or the Authorised Driver. The Company may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from You and/or the Authorised driver an additional amount on account of the charge. Any additional amount on account of the charge shall be calculated or set-off of any amount and is payable to the Company upon demand.
- You and/or the Authorised Driver acknowledges that your interest in the Vehicle is as a bailee of the Company only and that You agree not to part with possession, dispose of, encumber or assign any right or interest in the Vehicle and not create any lieu on the Vehicle for repairs;
- You and/or the Authorised Driver agree to indemnify the Company from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Company as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement;
- You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance;
- You and/or the Authorised Driver must not at any time admit liability for any claims, loss or demand and agree that if such admission is made by You and/or the Authorised driver then that is a breach of this Agreement.
- Rental days are based on a twenty-four (24) hour period. A fifty-nine (59) minute grace period is allowed for returns. Returns outside the grace period will be charged up to an extra day rental fee.
- Terms and conditions subject to change without notice.
- No smoking is allowed in any vehicles provided by Aussie Legends.
- The wearing of seat belts is compulsory in Tasmania.
- We will no be liable for any loss of personal effects from the vehicle at any time. Some vehicles will not be equipped with modern anti-theft protection devices.
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