Rental Agreement/Conditions of Charter Terms & Conditions
“Acacia Luxury Transport” shall include Wynyard Bus Lines Pty Ltd, it’s directors, servants, agents and subcontractors.
“Hirer” shall include Wynyard Bus Lines and any supplier wherein Acacia Luxury Transport acts as agent.
“Charterer” unless a contrary intention appears, means and includes the natural person, company, corporation or Government Department requesting to charter.
“Renter” unless a contrary intention appears, means and includes:-
The natural person, company, corporation or Government Department hiring the vehicle(s) and/or equipment;
Any person, company, corporation or Government Department which is or becomes vicariously liable at law to any other person for loss or damage caused by the driver of the vehicle.
“Vehicle” means the vehicle(s) agreed to in the rental agreement, or any replacement provided to the Renter by Acacia Luxury Transport and includes all tyres, tools, accessories and equipment provided with the vehicle. For the purposes of this agreement, the phrase “accident, damage to or theft of the vehicle” includes any costs, expenses or outgoings arising therefrom.
“Equipment” means the equipment or plant agreed to in the rental agreement, or any replacement provided to the Renter by Acacia Luxury Transport and includes all accessories and tools provided with the equipment.
“Rental Period” means the period commencing at the date and time agreed, and ending either when the vehicle is returned as specified or when Acacia Luxury Transport receives valid confirmation of the theft or destruction of the vehicle.
Conditions of Charter:
Acacia Luxury Transport is not a common carrier, and reserves the right to refuse to carry any passenger, luggage or goods without giving any reason.
This quotation contains all the terms of the proposed contract between Acacia Luxury Transport and the Charterer, and Acacia Luxury Transport will not be bound by any additional oral or written terms whether purporting to be a part of this arrangement or collateral to it.
Acacia Luxury Transport will endeavour to adhere to stated departure times, but will not be liable for any failure to meet those times.
Acacia Luxury Transport may at it’s discretion refund all or part of the cost when a charter is cancelled prior to embarkation time stated, but will not otherwise allow refund. Where a charter has been booked, but not paid, the Charterer will be deemed liable for a cancellation fee of not less than one hundred percent, if cancelled with less than 24 hours notice.
Acacia Luxury Transport may substitute any other vehicle for it’s own vehicles and/or transfer passengers and/or their luggage.
Acacia Luxury Transport shall not be liable for any loss, damage or theft arising out of or consequential upon, directly or indirectly, any abandonment or delay in departure during any trip howsoever caused.
Acacia Luxury Transport will not be liable for the sickness of or any other injury to any passenger or for the loss of or any damage to any personal effects, luggage, or other goods, whether caused by Acacia Luxury Transport’s negligence or otherwise, Charterer and traveller jointly and severally agree to indemnify Acacia Luxury Transport against any liability to any person on whose behalf such travel was chartered.
Where the services of another operator are provided for in this charter, it is agreed and understood that Acacia Luxury Transport is acting only as agent for the passenger(s) to arrange such services and accepts no responsibility whatsoever for any default of that operator.
In the event of any increase in Acacia Luxury Transport’s standard charges for the charter to be provided for in this quotation or in the costs of providing the charter, Acacia Luxury Transport may increase the total cost and the Charterer shall be liable to Acacia Luxury Transport jointly and severally for such increase.
Acacia Luxury Transport reserves the right to alter or cancel any section of the charter due to road, weather or conditions of an operational nature.
Acacia Luxury Transport may at it’s discretion request a “bond” at the time of confirmation to cover the cost of damage and cleaning over and above reasonable wear and tear, with the bond or part thereof being refunded at the completion of charter.
Renters obligation to provide adequate insurance to suit the requirements of the Vehicle(s) and/or Equipment and terrain for which they will be utilised, should insurance be required.
No insurance cover will apply and the Renter will be liable for any and all losses arising from accident, damage to or theft of the Vehicle(s) and/or Equipment and damage to property of any third party in the following instances:-
The accident is either a Single Vehicle or Multiple Vehicle accident;
Damage occurs when the vehicle is being driven by any person (whether lawfully or not);
The windscreen or other glass is damaged;
Undercarriage or overhead vehicle damage or vehicle body damage is sustained which cannot be attributed to a specific accident which has been reported to the police;
Tyre damage occurs which is not attributable to normal wear and tear;
Spare wheel, tools and/or jack, are lost or stolen;
Damage, including interior, damage to motor, suspension, chassis, differential, gearbox, axle, wheel or interior of the vehicle is caused by misuse or abuse of the vehicle;
Damage to Equipment above and beyond normal wear and tear, due to carelessness, misuse and/or abuse.
All gas bottles and fuel tanks, have been supplied to the Renter full, and are to be returned to Acacia Luxury Transport full, any short shall be charged back to the Renter for refilling.
Warranties by Renter:
Any person signing agreement on behalf of a company, corporation or Government Department warrants that he/she is a duly appointed agent of such body and each company, corporate or Government Departmental Renter undertakes to ensure that any person who is permitted to drive the vehicle as authorised driver of the Renter complies with all these terms and conditions.
The Renter warrants that the vehicle will not be driven by any person other than the Renter, or where the Renter is a company, corporation or Government Department, the Renter’s authorised driver.
The Renter warrants that the driver of the vehicle holds a current motor vehicle drivers licence valid in the State or Territory of hire; and
The Renter warrants details pertaining to the Renter are supplied and correct.
Condition of Vehicle and/or Equipment:
The Renter acknowledges that the Vehicle and/or Equipment is the property of Acacia Luxury Transport and that it has been received by the Renter in good order and running condition.
Liabilities of the Hirer:
It is acknowledged that Acacia Luxury Transport has supplied vehicle(s) and/or equipment to the Renter in good faith and the use or misuse of this vehicle(s) and/or equipment is at the control of the Renter.
Any damage, loss or misadventure resulting from the use or misuse of this vehicle(s) and/or equipment is the sole responsibility of the Renter.
In the event of loss, damages or misadventure arising from mechanical or electrical breakdown of any vehicle(s) or equipment covered in this agreement, either by use or misuse, Acacia Luxury Transport is waived of all liabilities.
By accepting this rental agreement the Renter waives Acacia Luxury Transport of all or any liabilities arising from the use or misuse of any vehicle(s) and/or equipment covered in this rental agreement.
Payment of Charges, Damages, etc.
The Renter agrees to pay Acacia Luxury Transport on demand:-
The rental time, mileage, drop-off, service, sundry and other charges and all other monies payable by the Renter relating to the rental period;
Subject to the Renters Liabilities hereof, a sum equal to the amount of all loss of or damage to the Vehicle and/or Equipment during the Rental Period;
In the event of vehicle damage whilst under the rental of the Renter, the Renter agrees to the payment of vehicle “downtime” for the duration of repairs to such vehicle at the quoted daily rate applicable to the Rental Agreement.
All fines and penalties paid or payable by Acacia Luxury Transport in respect of traffic, parking and other offences committed by the Renter;
All tolls, levies, charges or the like made or imposed by any State, Territory or Federal Government Authority, Department or other body and whether by Act, Regulation, Agreement or otherwise in respect of any Government controlled areas, bridges, highways or airports.
In the event of delinquency of payment of account. The Renter/Charterer agrees to the payment of any and all costs involved with the collection of outstanding monies.