Terms & Conditions

  1. WARRANTY BY PERSON SIGNING AGREEMENT
    Any person who signs this Agreement (whether on his own or on behalf of the Renter) WARRANTS that for all purposes of this Agreement he is the duly authorised agent of the Renter and that in consideration of the Owner permitting him to drive the vehicle he shall be deemed to be the Renter and to be bound by all of the items and conditions of this Agreement.
  2. WARRANTIES BY RENTER
    1. The Renter who drives the vehicle-
      1. is 21 and over
      2. has not been refused motor vehicle insurance
      3. holds a current motor vehicle driver's license valid in the State of hire and
    2. all particulars shown on the face hereof as to the name, address, age, telephone directory listing, occupation and the like of the Renter are correct. The Renter acknowledges that it was upone reliance on the truth of the above representations and those on the face hereof that the Owner agreed to enter into this Agreement.
  3. CONDITIONS OF VEHICLE
    The Renter acknowledges that the vehicle (which expression includes all tyres, tools, accessories and equipment) is the property of the Owner and that it has been received by the Renter in good order and running condition.
  4. POSSESSION AND RETURN OF VEHICLE
    1. The Owner may terminate this Agreement and without notice repossess the vehicle in the event that-
      1. The Renter is found to be in breach of any terms, conditions or warranty herein, or
      2. the Owner considers on reasonable grounds that the conduct of the Renter is likely to affect prejudicially the Owner's interest in or the condition of the vehicle, or
      3. any of the circumstances referred to arise and may retain all sums paid by the Renter without prejudice to any further rights of the Owner in respect of any breach or default by the Renter.
    2. The Renter undertakes that the vehicle will be returned to the Owner at the place and (except in the case of express agreement for extension endorsed on the face hereof) no later than the date and time specified on the face hereof in the same condition (save for ordinary wear and as herein otherwise expressly provided) as when received.
  5. DRIVING THE VEHICLE
    The Renter agrees that the vehicle shall not be driven by any person other than the Renter.
  6. REPORTING ACCIDENTS
    The Renter will report in writing to the Owner forthwith and in any case not later than twenty-four hours after the event, any accident or incident which might give rise to any claim by any person against the Owner or the Renter for injuries or damage to persons or property in any way arising out of the use of the vehicle by the Renter.
  7. DAMAGE TO THE VEHICLE
    1. The Renter will not be liable to the Owner for any damage to the vehicle howsoever caused EXCEPT where:
      1. the vehicle is driven by any person other than the Renter except in the case of illegal use or theft by a third party without the connivance, consent or assistance of the Renter, or
      2. the vehicle is used by the Renter for any illegal purpose, in any race, speed test or contest or in preparation therefore or to propel or tow any vehicle or trailer without the prior consent of the Owner or to convey any load in excess of that for which the vehicle was constructed, or
      3. the vehicle is driven or used by the Renter in contravention of any of the provisions from time to time of the Motor Traffic Act of the State of New South Wales or of any corresponding enactment in the other States or Territories of the Commonwealth of Australia, or
      4. the Renter does not hold a current motor vehicle driver's licence valid for the State of hire, or
      5. the Renter drives the vehicle under the influence of intoxicating liquor or drugs, or
      6. the vehicle is driven or used by the Renter on other than a formed road or when it is in a damaged or unsafe condition, or
      7. the vehicle is driven or used by the Renter for the conveyance of passengers for hire, fare or reward, or
      8. the Renter fails to return the vehicle to the Owner in accordance with the provisions of Clause 4 (2) hereof, or
      9. the loss of, or damage to the vehicle occurs outside the period of the hiring or any extension thereof authorised by the Owner, or
      10. the Renter is in breach of any warranty made by the Renter herein, or
      11. the Renter fails to complete and furnish to the Owner within a reasonable time such statement, information and assistance as the Owner may reasonably require in respect of the loss of the vehicle or any accident or event involving damage to the vehicle or to the property of any other person, or
      12. the Renter has, without the consent in writing of the Owner, made or given any offer, promise of payment, settlement, indemnity or admission of liability in respect of any accident, damage to the vehicle or to the property of any other person;
        In any of which events the Renter is liable whether guilty of negligence or not to the Owner for the full amount of the damage to the vehicle, plus the retail value of the Owner's loss of use of said vehicle ("loss of use" as used in this Rental Agreement will be determined by the reasonable retail value of renting a replacement vehicle during the period the Owner's vehicle is unavailable for rental use whether the Owner actually rents a replacement vehicle or not). The above mentioned exceptions are hereinafter referred to as "the LIABILITY PROIVISIONS".
    2. Notwithstanding the provisions of sub-clause (1) of this clause in the event that the Renter at the time of hiring acknowledges by his signature on the face here of that the Renter will be liable for, and indemnifies the Owner against, the first $1750 or $2500 damage to the vehicle howsoever caused.
    3. For the purposes of this Agreement "damage to the vehicle" means and includes all loss, damage or injury of or to the vehicle and any costs, expenses or outgoings in connection therewith or arising therefrom.
  8. OWNER'S LIABILITY
    The Owner shall not be under any liability-
    1. To the Renter for any loss or damage or delay through breakdown, mechanical defect or accident or by reason of the vehicle being unsuitable for the purposes of the Renter, or
    2. to any person whomsoever for any loss or damage to any property stolen from the vehicle or damaged or otherwise lost during the hiring or left in the vehicle after the return of the vehicle to the Owner, and the Renter hereby agrees to indemnify and keep indemnified the Owner is respect of all claims, demands and actions brought against the owner in respect thereof.
  9. PAYMENT OF CHARGES, DAMAGES ETC
    1. The Renter agrees to pay the Owner on demand-
      1. the rental time, kilometres, drop-off, service, sundry and other charges in accordance with the Owner's current rate schedule and all other moneys payable by the Renter hereunder. For the purpose of calculating kilometre charges under this Agreement the total kilometres driven shall be measured by the odometer installed in the vehicle.
      2. Subject to the provision of Clause 7 hereof a sum equal to the amount of all los of, or damage to, the vehicle during the period of hire.
      3. All fines and penalties paid or payable by the Owner in respect of traffice, parking and other offences committed by the Renter.
      4. All tolls, levies, charges or the like made or imposed by any State whether by Act Regulation Agreement or otherwise in respect of any government controlled areas, bridges, highways or airports.
      5. Interest on all charges, fees and other moneys herein agreed to be paid which remain for the time being upaid, the Renter agrees to pay the Owner interest at the rate of 18 per centum, per annum.
        Such interest shall be computed from the date shown as the Date in on the face of this Agreement, provided always that if not later than 30 days from the date shown as the Date in on the face hereof all charges, fees and other moneys agreed to be paid by the Renter be so paid to the Owner, no interest as provided herein shall be payable.
    2. Processing of rental charges does not relieve the Renter of any other liability incurred under this Rental Agreement.
    3. The Renter shall not permit any repairs to the vehicle, or suffer any item to be placed upon it, without the Owner's prior consent, and the Renter shall pay any and all unauthorised charges in connection with any repairs or storage. All repairs shall be deemed unauthorised unless the Renter obtains a purchase order number from the Owner prior to any repairs to the vehicle.
    4. If suit is instituted by The Owner to recover possession of said vehicle, or to enforce any of the terms of this Agreement, or to collect any sums of money, damages or costs from the Renter herein, the Renter shall pay all costs, reasonable attorney's fees and reasonable collection costs incurred by the Owner in such suit or suits. Any action based upon, or arising out of this Agreement, whether for breach, declaration of rights, interpretation thereof, recision or otherwise, and any action between the parties relating to the trans action that led to the formation and execution of this Agreement shall be brought in the jurisdiction of this State. The parties hereof agree that this Agreement shall be enforced and interpreted pursuant to the laws of this State.
  10. INTERPRETATION
    1. The expression the Owner shall, unless a contrary intension appaers, mean and include REALISTIC CAR RENTALS and its servants and agents.
    2. The expression the Renter shall, unless a contrary intension appears, mean and include:
      1. the person, company, corporation or government department shown as RENTER on the face hereof.
      2. any person, company, corporation or government department which is, or becomes, vicariously liable at law to third parties for loss or damage caused by the driver or the vehicle where such person, company, corporation or government department establishes that the hiring was made by the driver as agent for and on behalf of such person, company, corporation or government body and that the loss or damage was caused without the knowledge or consent of such person, company, corporation or government body.
      3. Any person shown as Joint Renter on the face hereof.
      4. Any person who signs this Agreement whether on his own, or on behalf of, any other person, company, corporation or government department.
    3. In the case of joint hiring's, Renters shall be jointly and severally liable in respect of all the provisions of this Agreement.
    4. The expression "the vehicle" shall, unless a contrary intention appears, mean and include "Car 1" and/or "Car 2" shown in the frames marked on the face hereof, and any replacement vehicle will be made available solely at the discretion of the Owner.
    5. Where the context permits words importing the masculine gender shall include the feminine gender and words importing the singular shall include the plural.
    6. Headings of clauses are inserted for guidance only and in the construction or interpretation of this Agreement shall not be deemed to form any part of the context.
    7. The invalidity of any portion of this Agreement shall not affect the remaining valid portions hereof and if any provision of this Agreement shall be found to be unlawful, or contrary to public policy then only that portion of the Agreement which is unlawful or contrary to public policy shall be reformed in the minimum amount necessary to comply with the law or public policy and the remainder of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties hereof and no alteration thereof shall be valid unless produced in writing and signed by both parties and no oral representations to the contrary shall be valid.
  11. PENALTY
    If, in the sole discretion of the Owner, the odometer indicates that it has been tampered with, a charge computed at the rate specified, multiplied at the rate of 50 kilometres for each hour the vehicle was in the Renter's possession will be imposed.