07 4041 4666 sales@cruisingcarrental.com.au

This is an agreement between the prospective hirer identified on the front of the contract(you) and the Company Laraby Pty Ltd trading as Cruising Car Rental to rent the motor vehicle described on the front of the contract, including all accessories, tools, tyres, and equipment.

1. VEHICLE CONDITION AND RETURN
This vehicle was 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 DAMAGE) together with all tools, tyres and accessories and equipment to the location specified on the contract and on the date there specified (or sooner, if demanded by the Company).
The Company may take possession of the vehicle without demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or it is apparently abandoned.
Note: The Company must be notified and agree to any extension of the period of hire beyond that stated on the contract. Any cars more than 48 hours overdue without notification will be reported as stolen.
You must return the vehicle to the office you indicated you would return the vehicle to upon signing the agreement, being either Cairns office at 252 Sheridan St Cairns or Trinity Beach office at 8 Trinity Beach Rd Trinity Beach, or at your hotel or airport if this was prearranged. If the vehicle is returned to another location other than indicated on the contract, the recovery costs will be charged to you, this includes lost or stolen vehicle keys, tow truck recovery costs etc.
We reserve the right to check the vehicle for any damages for a period of up to two business days after you return the vehicle. We will notify you if we observe any damage to the vehicle and will deduct the costs for repairing the damage from your credit card up to the value of the liability you have chosen upon commencement of the hire.

1a/ LIABILITY COVERAGE
You (the hirer) are responsible for all loss and damage to the vehicle, consequential third-party damage where you are in breach of these terms and conditions or in the event the loss and damage is not covered by Cruising Car Rental Insurer.
Provided you are not in breach of these terms and conditions and the vehicle is covered by our insurer, our standard excess cover allows you to pay a maximum excess of $2500 unless you have chosen the Reduced liability cover which brings your maximum excess down to $330.
Our windscreen and Tyre insurance package only covers the front windscreen(stone damage) and does not include tyre wheel covers.
All vehicles come with standard roadside assist for mechanical breakdown only.
Extra charges will apply if you require help with Tyre changing, Lockout service, Emergency fuel, or a flat battery in the event you have left lights on.
We are unable to guarantee that we can supply you with a replacement vehicle upon the failure of the rental vehicle as this is subject to availability. If we can supply you with a replacement vehicle we will, however if we are unable to, we will provide you with a refund of the rental charges for any whole days you were unable to drive the rental vehicle.

2. UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle.
(a). A person who is not identified on the rental contract as a driver or has not been identified in writing to the Company or approved by the company in writing.
(b) A person who is not licensed for that class of vehicle.
(c). A person whose blood alcohol concentration exceeds the lawful percentage.
(d). A person who has given or for whom you have given a false name, age, address of driver’s licence details.
CIRCUMSTANCES IN WHICH AND/OR FOR WHICH THE VEHICLE MUST NOT BE USED
(e) Outside the area of use limitations(Boundaries), North to Cooktown, West to Chillagoe, South to Airlie Beach. These are our boundaries unless authorised by us in writing or on the rental agreement. All vehicles are fitted with tracking devices and an extra charge of $200 per day will be added for everyday the vehicle is outside our designated boundaries.
(f) On unsealed roads or off-road conditions unless authorised by us in writing or on the rental agreement. 4wds excluded.
(g) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
(h) To carry any greater load and/or more persons than is lawful or use in manner or for a purpose other than for which it was designed and constructed.
(i) To carry any animal or pet in the vehicle unless authorised in writing or on the face of this agreement unless it’s a registered assistance animal.
(j) For racing pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
(k) In a dangerous manner.
(l) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

3. FINANCIAL OBLIGATIONS Special Note: Joint hirers and all drivers are severally responsible under this agreement
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE RENTAL AGREEMENT YOU AUTHORISE THE COMPANY TO DEBIT THE CREDIT CARD PROVIDED OR ANY OTHER CREDIT CARD PROVIDED (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES.
1. All rental charges specified on the rental contract along with any arrears owing.
2. All charges claimed from the Company 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 the Company.
3. All loss or damage to the motor vehicle (including loss of use) legal expenses, assessment fees, towing and recovery, consequential third-party damage, storage, and Company service charges whereby: -
(a) Any condition of this agreement, and in particular condition 2, or any special condition of Page 1 has been breached.
(b) The vehicle is involved in a single vehicle incident (or not under control of an authorised hirer at the time of loss) unless the Company waives such loss to a single vehicle incident liability amount shown on the contract (which amount will apply in addition to the standard liability charge noted on the contract).
A single vehicle incident is defined as any incident where the vehicle suffers loss or damage because of an impact with any or all objects whether animate or inanimate except another vehicle which can be fully identified, and all details provided.
(c) You have left the vehicle unlocked or left the keys in the vehicle.
(d) You have not kept the key the key secure and under your personal control. Minimum replacement key charge is $750.
(e) The under body of the vehicle is damaged regardless of cause when no other vehicle is involved.
(f) The vehicle is totally or partially immersed in water regardless of cause.
(g) The interior of the vehicle is damaged regardless of cause when no other vehicle is involved.
(h) The tyres of the vehicle are damaged other than by normal wear.
(i) The vehicle or any third-party property is damaged by driving it under or into an object lower than the height of the vehicle.
(j) You have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you became aware.
(k) The vehicle is damaged by loading or unloading, other than by normal wear.
(l) Your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment.
(m) Vehicles returned late will incur a 20% per hour surcharge.
(n) A cleaning fee of up to $200.00 will be applied for excessively dirty vehicles.
(o) An administration fee will apply to parking or traffic infringements, speeding fines and red-light camera and toll fines.
(p) Vehicle key not returned to the correct place when leaving the vehicle at the airport may incur a charge up to $750 if key cannot be recovered.
(q) The hirer is responsible for correct fitting and use of accessories. The hirer is liable for full replacement costs up to $200 per item if any of these accessories are lost, stolen or damaged.
Special Note: If you have paid by use of credit card or directed the company to bill to some other person, corporation, firm, or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the company on demand.

4. DAMAGE COVER
If you act within the terms and conditions of this agreement the Company will grant damage cover (including legal costs incurred with our consent) for you benefit in respect of damages to the vehicle or third-party damage other than property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control.
This cover is subject to:
(a) Your payment of the damage/loss liability charge stated on the Contract.
(b) You not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement.
(c) You are not being covered under any policy of insurance.
(d) You’re providing such information and assistance as may be requested and, if necessary, by authorising the Company Insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of proceedings.
(e) In the event that an accident renders the vehicle unsafe to drive, the company will make no refund for the unused hire period and the provision of a replacement vehicle shall be at the company’s sole discretion. The company shall not be responsible for the cost of transporting the hirer and accompanying passengers away from the accident location. If the company decides to offer the hirer an alternative vehicle, the vehicle will be made available at the company’s office and not delivered to the accident location.

5. GENERAL PROVISIONS
(a) You will promptly report any incident involving loss or damage to the vehicle while rented under this agreement to the Company location where the vehicle was hired and will deliver to the Company immediately, every summons, complaint, or paper in relation to such loss
(b)You release and hold harmless the Company (and its agents or employees) from all claims for loss or damage to their 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 this rental period, whether due to the company’s negligence or otherwise.
(c) Except as provided by law no driver or passenger in the vehicle shall be or deemed to be agent, servant or employee in any manner or purpose whatsoever
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, IT’S MERCHANDIBILITY FOR ANY PARTICULAR PURPOSE.
(e) No right of the Company under this agreement may be waived except in writing by an officer of the Company.
(f) Words used in this agreement to denote any gender shall include all genders, singular words include the plural, and noted on the contract.
(g) The Company shall NOT be held liable for any injury, damages, or any other occurrence as a result of child restraints not being correctly fitted or used.
(h) In the event that the hirer or any other person leaves any property or belongings with cruising car rental or in their rental car, it is entirely at that persons own risk, and the company will not accept any liability for damage or loss for any reason. We will endeavour to return any items left behind at the hirers expense.
(i) If the vehicle becomes unsafe to drive due to a breakdown that was not the fault of the hirer, the company will refund the hirer the rental charges that relate to the period during which the car could not be used, or an alternative vehicle was made available.

6. FUEL
The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the vehicle is returned with less fuel the difference will be charged at a rate which will incur a refuelling surcharge of $1 per litre on top of the fuel price.

7/FORCE MAJEURE
In no event shall Cruising Car Rental be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by directly or indirectly ,forces beyond its control, including , but not limited to, epidemics, pandemics, infectious diseases, government action, national emergency, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of god, it being understood that Cruising car Rental will use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

THANK YOU FOR CHOOSING CRUISING CAR RENTAL THE HONEST CAR RENTAL COMPANY