Jay Car Rental Terms & Conditions

This is an agreement between You, the hirer and any authorised driver identified on the Rental Agreement, and Us to rent the Vehicle described on the Rental Agreement. These Terms and Conditions and the Rental Agreement comprise the overall agreement (Agreement) You have with Us for the rental of the Vehicle.

1 Vehicle Condition and Return

1.1 The Vehicle that is delivered to You is in good operating condition and mechanically sound.

1.2 You agree to return the Vehicle in the same condition it was in at the commencement of the rental, subject to reasonable wear and tear, together with all of its tools, tyres, accessories and equipment on the date and to the location specified on the Rental Agreement.

1.3 We must be notified and agree to any extension of the period of hire beyond that stated on the Rental Agreement in advance of the return date and time or the Vehicle will be immediately reported to the police as stolen.

1.4 If the Vehicle is returned to Us early there is no entitlement to a refund.

 

2 Unauthorised and Prohibited Use

2.1 The Vehicle must only be driven by a person:

(a) Who is identified on the Rental Agreement.

(b) With respect to ride sharing, the person who is the single authorised driver partner on the Uber technology platform. This rental agreement does not permit multiple Uber drivers for this vehicle.

(c) Whose driver’s licence has not been cancelled, endorsed or suspended within the last three years;

(d) Who is not less than 25 years of age; and

(e) Who has not given a false name, age, address or driver’s licence details.

2.2 The Vehicle must never be:

(a) Driven outside the state in which the Vehicle was rented unless interstate use has been agreed by Us prior to the commencement of the rental in which case additional charges may apply;

(b) Driven on Unsealed Roads or off road unless authorised by Us in writing or on the face of the Rental Agreement prior to the commencement of the rental;

(c) Driven on any beach or through rivers, streams, creeks or tidal crossings;

(d) Driven through flood waters or on any road that has been closed by the police or a government or statutory authority;

(e) Driven above the Snow Line;

(f) Used to carry any dangerous, hazardous, inflammable, explosive or corrosive materials or substances in quantities above that used for domestic purposes;

(g) Used to propel or tow any vehicle, trailer, boat or other object unless We have authorised such use in writing prior to the commencement of the rental;

(h) Used to carry any greater load and/or more persons than is lawful or use in a manner or purpose other than for which the Vehicle was designed and constructed;

(i) Used for racing, pacemaking, reliability trials, hill climbing or testing in preparation for those purposes;

(j) Driven in a reckless or dangerous manner;

(k) Driven in an unsafe or unroadworthy condition; or

(l) Used for any illegal purpose.

2.3 The Vehicle must never be:

(a) Modified;

(b) Damaged deliberately or recklessly; or

(c) Sold, leased, rented or disposed of,

and You must not register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009 (Com).

2.4 The Vehicle must never be used to carry any animal or pet, except assistance animals.

2.5 The Vehicle must never be driven by any person:

(a) who is intoxicated or under the influence of alcohol or drugs;

(b) who has a concentration of drugs or alcohol that exceeds the limit prescribed by law in the state or territory where the Vehicle is driven;

(c) in whose breath, blood, urine or oral fluid the concentration of drugs or alcohol is above that concentration where it is an offence to be in control of, or drive, or be in charge of, the Vehicle; or

(d) who has failed to undergo any breath, blood, urine or oral fluid test or drug impairment assessment.

2.6 If there is a Substantial Breach of the Agreement We may:

(a) terminate the Agreement; and

(b) take immediate possession of the Vehicle.

3 Your Obligations

3.1 At the commencement of the rental and before collecting the Vehicle You must:

(a) share your banking details for payment of the anticipated Rental Charges ; and

(b) pay a refundable $800 deposit - void if there is any breach of the contract.

3.3 You must agree to the privacy policy on our site.

3.4 You must take reasonable care of the Vehicle by:

(a) preventing it from being damaged, ensure care is taken when driving and parking the vehicle;

(b) making sure it is protected from the weather;

(c) maintaining the engine and brake oils, coolant levels and tyre pressures;

(d) making sure that it is not overloaded or overheight;

(e) the distance recorder or speedometer are not interfered with;

(f) no part of the engine, transmission, braking or suspension systems are interfered with;

(g) should a warning light be illuminated or the hirer believed the vehicle requires mechanical attention, the hirer will stop driving and advise the owner immediately;

(h) the dash cam should never be switched off while driving and recorded videos are not deleted.

3.5 The is no Joint Hirers under this Agreement.

3.6 You may terminate this Agreement but You must give Us no less than 14 days prior written notice that is to email jaycarrentals@gmail.com noting Your full name, licence number and vehicle registration. During the 14 days notice period, you should continue to rent the car, failing to respect this condition, we may hold the deposit money to cover our costs.

3.7 At the end of the rental You are liable for and must pay Us:

(a) the balance of all rental charges specified on the Rental Agreement;

(b) an amount up to the Damage Loss Liability Charge as required by clause 4.2;

(c) damage caused by immersion of the Vehicle in water; and

(d) any additional charges including additional cleaning of the Vehicle, refueling charge.

3.8 You must not smoke in the Vehicle and You must prevent any passenger from doing so and You must pay for the additional cleaning cost if this condition is breached.

3.9 You must pay:

(a) speeding and traffic fines and infringements; and

(b) all parking fines;

incurred during the period of the hire or until such later time as the Vehicle is returned to Us and:

(c) all charges imposed for the release of the Vehicle if it has been seized by a responsible authority; and

(d) an administration fee of $50.00 plus GST for processing each violation notice if this is being handled by Us.

(e)  for all tolls incurred in connection with Your use of a toll road.

3.10 You must also pay an administration fee of $50.00 plus GST for the administrative costs of:

(a) claims administration when the Vehicle has been damaged, there is a claim for third party loss or the Vehicle has been stolen;

(b) arranging additional cleaning of the Vehicle; and

3.11 If You do not pay any amount due and payable to Us pursuant to this Agreement within 30 days of the due date, You must also pay Us:

(a) interest at the rate of 10% on the overdue amount until the full amount is received by Us; and

(b) the reasonable costs and charges We incur in recovering any overdue amount including collection fees and commission charged by a debt collection agency and all legal costs;

and You acknowledge that if You fail to pay any amount due to Us We may refer that failure to a Credit Reporting Agency.

4 Damage Cover and exclusions

4.1 If You act within the terms and conditions of the Agreement We will grant Damage Cover (including legal costs incurred with Our consent) for Your benefit for:

(a) damage to the Vehicle;

(b) loss of the Vehicle through theft;

(c) towing, recovery and salvage fees;

(d) assessing fees;

(e) damage to third party property

4.2 There is no Damage Cover for damage to or loss of property:

(a) owned by You, or any friend, relative, associate or passenger; or

(b) in Your physical or legal control,

that occurs during Your rental and any personal property left in the Vehicle at the end of the rental period will be held by Us for one month and if not claimed at the expiration of that period will be destroyed without further notice to You.

4.3 Damage Cover is subject to You:

(a) not being covered under any policy of insurance; and

(b) providing such information and assistance as may be requested by Us and if necessary, assisting Us in the commencement, defence, maintenance or settlement of legal proceedings, but We shall have sole conduct of those proceedings.

4.4 There is no Damage Cover and You are liable for:

(a) damage to the Vehicle;

(b) loss of the Vehicle through theft;

(c) towing, recovery and salvage fees;

(d) assessing fees;

(e) Loss of Use; or

(f) damage to third party property

if:

(i) there has been a Substantial Breach of the Agreement ;

(ii) You have left the Vehicle unlocked or left the keys or remote control device in the Vehicle;

(iii) You have not kept the Vehicle’s keys or remote control device secure and under your personal control;

(iv) there has been an impact:

(A) with the underbody of the Vehicle that is not caused by a collision with another Vehicle;

(B) between the Vehicle and an overhead object lower than the height of the Vehicle; or

(v) the Vehicle has been driven off road or on an Unsealed Road or unmade road or surface;

(vi) You have driven into, or used the Vehicle in, an area prohibited by the Rental Agreement or outside the area of authorised use shown on the Rental Agreement;

(vii) the Vehicle has been totally or partially immersed in water, regardless of cause;

(viii) the interior of the Vehicle has been damaged, regardless of cause when no other Vehicle is involved;

(ix) the tyres of the Vehicle have been damaged other than by normal wear and tear;

(x) the Vehicle has been driven under or into an object lower than the height of the Vehicle;

(xi) You have refuelled the Vehicle with the wrong type of fuel;

(xii) You have failed to maintain the Vehicle’s fluid and fuel levels or failed to immediately rectify or report to Us any defect in the a Vehicle of which You became aware; or

(xiii) You have failed to secure properly any load or equipment which leads to loss caused by any part of load or equipment.

5 Fuel, servicing and kilometre charges

5.1 You must use the correct fuel type for the Vehicle and You are liable for any damage to the Vehicle if the Vehicle is refuelled with the wrong fuel type.

5.2 The Rental Charges include:

(a) unlimited kilometres; and

(b) servicing of the Vehicle according to the manufacturer’s specification, but You must notify Us no less than 14 days before the scheduled service is due and make the Vehicle available for that service as we reasonably require.

6 Roadside Assistance, Breakdown, Accidents and Damage

6.1 Twenty four hour roadside assistance is provided free of charge, as we use different providers, the number to call is provided to you on the day you sign the contract. Provided there has not been a Substantial Breach, We will arrange for Our roadside assistance provider to supply all practical assistance as soon as practicable.

6.2 We are not responsible for and there is no roadside assistance for:

(a) damage caused by use of the incorrect fuel type;

6.3 You must:

(a) report to Us, within 24 hours, any Accident involving loss or damage to the Vehicle, its theft or loss involving the Vehicle; and

6.4 You must also:

(a) deliver to Us immediately, every summons, complaint or document in relation to such loss; and

(b) report all Accidents to the police if:

(i) any person is injured;

(ii) the other party leaves the scene of the collision without exchanging names and addresses; or

(iii) the other party appears to be affected by drugs or alcohol.

6.5 You must not repair or authorise anyone else to repair the Vehicle if it is damaged unless You have Our prior written authority and any pre-authorised repairs will only be reimbursed if You supply Us with an original tax invoice for the repair and receipt for the payment.

6.6 If in an emergency situation, you should call 000.

7 Our Obligations

7.1 If the Vehicle breaks down because of a mechanical defect We will provide You with all practical assistance but We are under no obligation to provide a replacement car if the car allocated to you is not available. Our contact number for assistance is 0450 78 4043.

7.2 We are not responsible for:

(a) flights that You have missed or are delayed;

(b) holiday or travel plans that are disrupted;

(c) loss of enjoyment; or

(d) economic or consequential loss

unless We are in breach of Our obligations to You under the Agreement.

8. Cancellation of Contract

Jay Car Rentals reserves the right to cancel the contract at any given time if we suspect there has been a substantial breach of the rental contract.

Conditions when the contract can be revoked is defined below but not limited to these;

 

  • The car allocated to the driver is not available for a given reason.

    • Jay Car Rentals is under no obligation to provide any replacement car. We may simply terminate the contract.

  • The renter car won’t be entitled to any reimbursement or compensation if the car is not available.

  • We are under no obligation to compensate you if we terminate the contract before the end date.

 

9 Privacy Policy

9.1 We are committed to complying with the Australian Privacy Principles and when We collect Your personal information We will do so only for the purpose of providing rental services to You.98.2 You may choose not to provide this information to Us but We may not be able to provide You with Our rental services.

9.2 We take reasonable steps to make sure that Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

9.3 A copy of our Privacy Policy is available on our website.

10 General Provisions

10.1 The Agreement is governed by the laws of the state in which the Vehicle is rented and You agree that the courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

10.2 The Australian Consumer Law gives You rights that are not affected by the Agreement and all provisions in the Agreement are subject to the implied terms and conditions of that law and the corresponding legislation in each state and territory.

11 Definitions

Some words or phrases used in the Terms and Conditions have a specific meaning:

Accident means a single unintended, unforeseen collision between the Vehicle and any other object, including another vehicle that results in damage to the Vehicle or third party loss.

Damage Loss Liability Charge means the amount up to which You must pay Us:

(a) for damage to the Vehicle, including damage caused by hail;

(b) loss of the Vehicle through theft;

(c) towing and salvage charges;

(d) assessing fees;

(e) Loss of Use; and

(f) third party loss.

Loss of Use means the daily loss We incur as a result of the Vehicle being unavailable for hire because it is being repaired or has been written off or because it was stolen and We are waiting for it to be replaced.

Substantial Breach means a breach of any of clauses 2.1, 2.2, 2.3, 2.5, 3.4 or 6.5 that causes damage to or theft of the Vehicle, towing and salvage charges, assessing fees, Loss of Use or Third Party Loss.

Snow Line means any area within an alpine national park between 1 May and 31 October or any area where snow is likely to fall or has fallen.

Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means the vehicle described in the Rental Agreement and includes its components, accessories, tools, tyres and equipment and any replacement vehicle.

We, Us, Our, means Jay Car Rentals trading as JayronB Pty Ltd ABN 72 616 891 251.

You, Your means the person that rents the Vehicle from Us whether it is an individual, a firm or a company and includes any person We have authorised to drive the Vehicle prior to the commencement of the rental.

RIDESHARE TOLLING SOLUTIONS

CityLink Melbourne Limited  TERMS AND CONDITIONS

CityLink Melbourne Limited ABN 65070810678, offers an E-Toll Facility to You on these Terms and Conditions which comprise:

• the CityLink Melbourne Limited E-Toll Facility Terms and Conditions; and

• the CityLink Melbourne Limited Privacy Consent and Agreement.

These are available on Citylinks’ website: https://www.citylink.com.au/

11 Privacy Notice

The Company has always valued the privacy of personal information. When we collect, use, disclose or handle personal information, we will be bound by the Privacy Act (Commonwealth). The Company collects personal information to offer, provide, manage and administer its services and products. The Company discloses personal information to third parties who we believe are necessary to assist us in providing the relevant services and products to our customers. However, we limit the use and disclosure of any personal information provided by us to such third parties for the specific purpose for which it was supplied. The Company will not release your personal information to anyone other than to which we have already identified. If you would like a copy of our Privacy Policy, or you wish to seek access to or correct the personal information we collect or disclose a value, please contact The Company.

Note that the rental terms and conditions may be updated at any given time and we will try to inform you of these changes. 

Last Updated: July 2020