IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration the Parties acknowledge, the Lessee is hiring the Property from the Lessor on the following terms:

Accident: The accident identified in the Details.

Additional Charges: The amounts payable for GST where the Hirer may claim an input tax credit for GST, tolls, traffic or parking infringement charges, fuel, cleaning, administration fees, excess, damage or any other amount for which the Hirer is liable for breach of the Agreement.

Agreement: The Agreement and Authority to Act, the Terms & Conditions of Use and the Rental Form.

Agreement and Authority to Act: The signed agreement and authority to act between Green Ride Rentals and the Hirer accompanying the Terms & Conditions of Use.

Authorised Drivers: The Hirer and any additional driver(s) identified in the Rental Form or notified to Green Ride Rentals after the hire has commenced, noting that Green Ride Rentals must hold a valid copy of the driver’s licence for a driver to be considered an Authorised Driver.

BAS: Business Activity Statement lodged when registered for GST.

Credit Period: Unless otherwise agreed by Green Ride Rentals and the Hirer, the period of 7 days from the date of issuance of Green Ride Rentals tax invoice.

Damage Cover: The cover you and an Authorised Driver have for damage to the vehicle, its theft and any third-party loss, subject to payment of the excess and the exclusions in clause 11.2.

Damaged Vehicle: The damaged vehicle identified in the Details.

Details: The details set out at the beginning of the Agreement and Authority to Act.

GST: Goods and Services Tax or similar value added tax levied or imposed in Australia under A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply.

Hire Charges: The rental and other charges identified in the Rental Form, excluding for the avoidance of doubt the Additional Charges.

4. Rental Vehicle Driver Eligibility

4.1 Authorized Drivers

Only an Authorized Driver may drive the Vehicle.

4.2 Driver Requirements

You declare and warrant that You and each other Authorized Driver:

• Is no less than 16 years of age and You acknowledge that a young driver surcharge applies for specific vehicles and drivers under the age of 25, which is a Hire Charge.
• Holds a valid and current Australian Driver, Learner (L), Probationary or Provisional (P1 or P2) license for the class of Vehicle being hired under the Agreement.
• A driver with a non-Australian, Learner, Probationary or Provisional license may only drive the Vehicle with Our prior approval, and You acknowledge that a surcharge may apply in respect of such drivers.
• Any conditions attached to the license, including the requirement to drive at all times with an interlock device, must not inhibit the ability to legally drive the Vehicle provided.

4.3 You agree to provide Green Ride Rentals a copy of the driver’s license of each Authorized Driver before they drive the Vehicle.

4.4 You agree to notify Green Ride Rentals immediately if the license of any Authorized Driver is suspended, revoked or limited during the Hire Period for any reason, including pursuant to an order by a court, and You must also ensure that the Authorized Driver does not use the Vehicle.

5. Vehicle Wear and Tear

5.1 Prior to handing over the Vehicle to You, Our staff will conduct an inspection of the Vehicle with You and prepare the Rental Form noting the fuel level, kilometres and any existing damage to the Vehicle. You are required to take note of the condition of the Vehicle, identify any existing damage and sign the Rental Form.

5.2 Green Ride Rentals Wear and Tear Guide sets out what we deem to be acceptable and unacceptable wear and tear.

6. Vehicle Use

6.1 The Vehicle may only be used for what it was designed for and must not be driven on any unsealed or unmade roads.

6.2 The Vehicle may only be driven on a Sealed Surface and in no circumstances on beaches or through streams, dams, rivers or flood waters, on ice or snow-covered or affected roads, on flood prone roads or on any roadway in respect of which the police or any other government authority has issued a warning or caution.

6.3 You must not use the Vehicle:

• For an illegal purpose;
• To carry dangerous, hazardous, biohazardous, infectious, or inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
• In a race or contest, including entering the Vehicle onto a racetrack;
• For towing, unless the Vehicle is fitted with an approved tow bar and any towing is conducted within the vehicle manufacturer’s towing specifications;
• To carry or transport illegal drugs or substances;
• In connection with the motor trade for experiments, tests, trials or demonstration purposes;
• When it is damaged, unroadworthy, or unsafe;
• To carry a greater load than that for which it was designed, built, registered, or licensed;
• To carry more persons than may be properly accommodated by the seat belt restraints.

6.4 You must not:

• Sell, sublet, lease or re-hire the Vehicle to any third party;
• Damage the Vehicle deliberately, maliciously or recklessly or allow anyone else to do so;
• Modify the Vehicle in any way or make any alteration or addition to it.

6.5 You must drive the Vehicle in a safe manner and observe all road rules. You acknowledge that reports of unsafe driving may result in the hire being terminated and the Vehicle repossessed by Us.

6.6 You must not:

• Smoke or allow smoking at any time in the Vehicle, including vaping and electronic cigarettes;
• Use the Vehicle to carry pets or animals, except accredited or trained assistance animals. Extra cleaning and deodorizing fees will apply for breach of this requirement.

6.7 You must only use the Vehicle for the same or similar purpose(s) that You would normally use the Damaged Vehicle.

7. Maintenance, Security and Safety

7.1 You must:

• Keep the Vehicle locked and the keys under Your personal control when not in use;
• Take reasonable care of the Vehicle and do all things necessary to keep and maintain the Vehicle in its state and condition as at the commencement of the Hire Period, fair wear and tear excepted;
• Immediately report to Green Ride Rentals any functional, maintenance and servicing issues in respect of the Vehicle that You have become aware of.

8. Accident Damage, Breakdown and Repair

8.1 You must notify Green Ride Rentals as soon as practicable and in any event within 24 hours:

• Of any mechanical or structural fault on the Vehicle, including tyres, fluids, belts, hoses and lights, that You become aware of, including any illuminated warning lights in the cabin of the Vehicle;
• If the Vehicle is involved in a collision, damaged in any way, or breaks down.

8.2 You must not arrange to have the Vehicle towed, transported, or undertake any repair of the Vehicle unless:

• We have authorised You to do so;
• In the case of an emergency where Our consent cannot reasonably be obtained.

8.3 We will not reimburse repair, towing or transport costs unless You have complied with clause 8.2 and produced all receipts and required information.

9. Vehicle Return

9.1 An inspection of the Vehicle will be carried out by Our staff with You at the end of the Hire Period.

You are responsible for any new damage identified upon inspection. If You fail to return the Vehicle when requested, You will be liable for:

• Additional Hire Charges incurred each day;
• Relocation expenses;
• Repossession and recovery costs.

9.2 You must return the Vehicle with all original accessories and components.

You are liable for replacement costs of any missing items including:

• Vehicle keys
• Logbooks
• Head rests
• Tools
• Spare tyres
• Roof racks
• Baby seats
• Telematics devices

10. Fuel

10.1 You agree to return the Vehicle with the same fuel level as indicated on the Rental Form at the commencement of the Hire Period.

10.2 If You fail to do so, You agree to pay:

• Fuel refill charges;
• Any refueling surcharge.

10.3 You must only use the fuel type prescribed for the Vehicle as identified in the Rental Form.

10.4 You agree to pay all costs, loss or damage caused by the use of incorrect fuel type or grade.

11. Your Liability for Loss and Damage

11.1 Damage Cover Excess

(a) In the event of loss of or damage to the Vehicle and subject to clause 11.2, You will be liable for:

• The lesser of the cost of the loss or damage;
• Or an excess of $1,500;
• Plus an additional $1,500 for drivers aged under 25.

(b) Your liability under this clause may be reduced to:

• $0 for non-rideshare vehicles;
• Or $1,500 for rideshare vehicles;
• Plus an additional $1,500 for drivers under 25.

This reduction only applies where:

• The accident is reported within 24 hours;
• Accurate and complete accident details are provided within 24 hours;
• The driver was fully licensed and an Authorized Driver;
• The damage was not malicious or caused by breach of this Agreement.

11.2 Damage Cover Exclusions

Notwithstanding clause 11.1, You have no Damage Cover and are liable for:

• Loss of or damage to the Vehicle;
• Repair or replacement costs;
• Third-party property damage;
• Investigation and assessment fees;
• Towing, recovery and storage costs;
• Legal costs associated with recovery.

Damage Cover exclusions apply when:

• Any Authorized Driver acts dishonestly or fraudulently;
• Damage results from reckless or dangerous driving;
• A Serious Breach of the Agreement occurs;
• The driver leaves the accident scene;
• The accident is not immediately reported;
• The Vehicle is involved in multiple incidents;
• The driver was not an Authorized Driver;
• The driver was under the influence of drugs or alcohol;
• False or misleading information was provided;
• Keys were left inside or near the unattended Vehicle;
• Tyre, windscreen, roof or underbody damage occurs;
• Water damage occurs due to immersion of the Vehicle.

11.3 Lost or Misplaced Keys

If You lock, misplace or lose the keys or any accessory of the Vehicle, You must reimburse Us for replacement, recovery or recoding costs.

11.4 No Cover for Personal Items

Personal items damaged or stolen during an accident or theft are not covered under this Agreement.

12. Tolls, Traffic and Parking Fines and Infringements

12.1 If the Vehicle passes through a toll collection point without a personal E-tag device fitted, You will be liable for:

• The applicable toll amount;
• Any administration fee charged by Us.

These charges are considered Additional Charges and Hire Charges under this Agreement.

12.2 You are responsible for all:

• Traffic fines;
• Parking fines;
• Toll infringements;
• Other penalties incurred during the Hire Period.

If Green Ride Rentals receives notice of an infringement, We may provide Your details to the relevant authority to nominate You as the liable driver.

Green Ride Rentals may also charge an administration fee to recover processing costs.

13. Our Liability

13.1 You may have rights under the Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any rights or guarantees provided under Federal, State or Territory legislation.

13.2 You release and indemnify Us against any claim for:

• Loss of property stolen from the Vehicle;
• Property damaged during the Hire Period;
• Items left inside the Vehicle after return.

14. Accident and Theft Reporting

14.1 Reporting an Accident or Theft

If the Vehicle is involved in:

• An accident;
• A dispute or claim;
• Damage or theft;
• Third-party property damage;

You must notify Green Ride Rentals as soon as practicable and within 24 hours.

You must also complete an Accident/Theft Report Form.

The report form must be submitted:

• Within seven (7) days of the incident;
• Or immediately if the Vehicle is stolen.

14.2 Reporting to Police

You must report the accident or theft to police if:

• Any person is injured;
• Another driver leaves the scene without providing details;
• Another party appears under the influence of drugs or alcohol;
• The Vehicle is stolen.

14.3 Steps Following an Accident

Following an Accident, You and the Authorized Driver must:

• Secure the Vehicle;
• Exchange names, addresses, phone numbers and emails with other drivers;
• Obtain insurance details from other parties;
• Take photos of:
  • The accident scene;
  • The Vehicle damage;
  • Third-party damage;
  • Road signs and surroundings.
• Collect witness names and contact details;
• Assist Green Ride Rentals with insurance recovery claims.

14.4 Subsequent Assistance

After an accident or theft, You must:

• Forward any legal or third-party documents within seven (7) days;
• Cooperate with all investigations;
• Provide additional requested information;
• Assist with legal proceedings if required, including court attendance.

14.5 What You Must Not Do

• Do not admit fault;
• Do not offer settlement payments;
• Do not release another party from liability.

14.6 Consequences of Delayed Cooperation

Your entitlement to Damage Cover may be reduced if delays in reporting or cooperation prejudice Our ability to investigate, recover losses or defend legal proceedings.

15. Payment of Charges

15.1 Within the Credit Period, You must pay Us:

• Any amount payable under this Agreement, including Hire Charges and Additional Charges;
• Any amount arising from Your use of the Vehicle, including fuel, tolls, traffic fines, parking infringements, cleaning, excess or damage costs;
• Any amount payable due to a Serious Breach of this Agreement.

Failure to make payment on time may result in interest charges at the applicable Interest Rate.

15.2 We may notify You of any Additional Charges, including:

• Toll charges;
• Traffic infringements;
• Cleaning costs;
• Repair costs;
• Parking fines.

You authorize Us to charge Your credit card, debit card or bank account for all Hire Charges and Additional Charges payable under this Agreement.

16. Serious Breach and Termination of Agreement

16.1 Serious Breach

A Serious Breach occurs if You or any Authorized Driver breaches:

• Authorized Driver requirements;
• Age or license requirements;
• Vehicle usage conditions;
• Security and maintenance obligations;
• Unauthorized towing or repairs;
• Accident reporting obligations.

Where the breach results in:

• Damage to the Vehicle;
• Theft of the Vehicle;
• Third-party loss or damage.

16.2 No Damage Cover

If You or an Authorized Driver:

• Commit a Serious Breach;
• Drive recklessly or dangerously;
• Substantially breach road safety laws;

Then:

• You will have no Damage Cover;
• You will be liable for all Vehicle damage, theft and Third-Party Loss;
• You must pay any recovery, storage or repossession costs.

16.3 Our Right to Terminate

We may immediately terminate this Agreement if:

• A Serious Breach occurs;
• Dangerous driving occurs;
• Road Traffic Offences are committed;
• Your driver license expires and is not renewed;
• You admit liability in relation to an Accident;
• Hire Charges become unrecoverable from the Third Party.

16.4 Your Right to Terminate

You may terminate this Agreement if We breach the Agreement and fail to remedy the breach within twenty (20) working days after receiving written notice from You.

16.5 Consequences of Termination

If the Agreement is terminated:

• We may immediately repossess the Vehicle;
• You must pay repair, replacement, storage and recovery costs;
• Outstanding Hire Charges and Additional Charges become immediately payable.

17. Dispute Resolution

17.1 If You wish to dispute a charge or make a claim against Us, You must first notify Us in writing with details of the dispute or claim and provide any evidence reasonably requested by Us.

17.2 You agree to discuss and negotiate the dispute in good faith with Us within ten (10) working days after providing notice of the dispute.

18. Privacy Statement and Consent

18.1 Collection and Use of Personal Information

Green Ride Rentals may collect, use and disclose the Hirer’s Personal Information for purposes including:

• Providing accident replacement vehicle services;
• Processing applications and claims;
• Managing customer relationships;
• Complying with legal obligations;
• Risk management and internal administration;
• Contacting the Hirer regarding services or products.

If Personal Information is not provided, Green Ride Rentals may be unable to provide its services or manage insurance recovery claims.

18.2 Providing Information About Another Person

Where the Hirer provides Personal Information about another person, the Hirer confirms that:

• They are authorised to provide that information;
• They have informed the individual about this Privacy clause.

18.3 Disclosure of Personal Information

Green Ride Rentals may disclose the Hirer’s Personal Information to:

• Insurers and assessors;
• Repairers and investigators;
• Government authorities;
• Law enforcement agencies;
• Debt recovery agents;
• Service providers and advisers;
• Related companies and contractors.

Personal Information may also be transferred to overseas recipients, including recipients located in:

• Australia
• New Zealand
• United Kingdom
• Philippines
• India
• Other countries where required

The Hirer consents to the collection, use and disclosure of Personal Information as described in this Agreement.

18.4 Hirer Rights

The Hirer has the right to:

• Request access to Personal Information;
• Request corrections to Personal Information;
• Make a complaint regarding privacy handling.

Green Ride Rentals Privacy Policy contains further details regarding access requests and complaints handling.

19. Waiver

A right or entitlement under this Agreement can only be waived if the waiver is expressly provided in writing.

20. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State or Territory within Australia where the Vehicle was hired.

The Hirer and Green Ride Rentals agree that courts within that State or Territory have non-exclusive jurisdiction to determine any dispute arising under this Agreement.

AGREEMENT AND AUTHORITY TO ACT

Parties

Between Green Ride Rentals (Email: info.greenriderentals@gmail.com, Address: 77 Latrobe Rd Morwell VIC 3840) and the Hirer identified above (“Hirer”).

Background

The Accident resulted from the negligence of the Third Party.

The Hirer seeks to recover the costs of a replacement vehicle during the period the Damaged Vehicle was unavailable for use.

The Hirer acknowledges their entitlement to hire a replacement vehicle and expects reimbursement for replacement vehicle costs.

The Hirer authorizes Green Ride Rentals, its management services, debt recovery agents and legal representatives to recover those costs on the Hirer’s behalf.

The Hirer further authorizes all monies owed in relation to this vehicle hire to be paid directly to Green Ride Rentals.

1. Definitions

Unless the context requires otherwise, capitalized words in this Agreement and Authority to Act have the same meaning as provided in Clause 1 of the Terms & Conditions of Use.

2. National Consumer Credit Code and Financial Services

This Agreement is not regulated by the National Consumer Credit Protection Act 2009 (Cth), including the National Credit Code, or Chapter 7 of the Corporations Act 2001 (Cth).

The Agreement relates to the Hirer’s obligations concerning the replacement Vehicle provided after a road traffic incident.

The Hirer appoints Green Ride Rentals to recover Hire Charges from the Third Party in accordance with common law rights.

Green Ride Rentals does not provide insurance claims handling or settlement services.

The Hirer should carefully read this Agreement and all related documents before signing.

3. Recovery of Hire Charges

3.1 Hire Charges

The Hirer agrees to cooperate with Green Ride Rentals and provide all reasonable assistance required to recover Hire Charges from the Third Party.

This includes cooperation by:

• The Hirer;
• The driver of the Damaged Vehicle;
• The owner of the Damaged Vehicle.

The Hirer must:

• Act in the best interests of Green Ride Rentals;
• Not delay the recovery process;
• Provide requested documents and information.

Upon successful recovery of the Hire Charges from the Third Party, the Hirer will be released from liability for Hire Charges, except for Additional Charges which remain payable by the Hirer.

The parties acknowledge that Hire Charges are estimated only until the Hire Period ends.

3.2 Authorization

The Hirer authorizes Green Ride Rentals, its management services, debt recovery agents and legal representatives to:

• Recover Hire Charges from the Third Party;
• Request documents from repairers;
• Receive and bank settlement payments;
• Apply settlement funds towards unpaid Hire Charges.

3.3 Appointment

The Hirer irrevocably appoints Green Ride Rentals, its management services, debt recovery agents and legal representatives as authorized agents to recover Hire Charges by any lawful means necessary.

3.4 Recovery Process

The Hirer understands that Green Ride Rentals may refer the matter to legal representatives for recovery proceedings.

The Hirer agrees to provide reasonable assistance including:

• Signing legal certificates;
• Providing statements and documents;
• Attending legal offices or court hearings when reasonably required.

Green Ride Rentals will indemnify the Hirer for legal costs and disbursements provided the Hirer:

• Complies with the Agreement;
• Provides true and correct information.

4. Hirer’s Obligations

4.1 Information

The Hirer agrees to provide:

• Driver licenses;
• Registration papers;
• Any documentation required to recover Hire Charges.

The Hirer must not provide:

• False information;
• Misleading information;
• Information likely to mislead Green Ride Rentals or the Third Party.

4.2 Claim and Settlement

The Hirer agrees to:

• Lodge insurance or Third Party claims promptly;
• Follow up repair and assessment processes;
• Notify Green Ride Rentals before signing any settlement;
• Not release the Third Party from liability without approval.

The Hirer must notify Green Ride Rentals:

• If the Damaged Vehicle changes location or repairer;
• When repairs are completed;
• Upon receiving a total loss settlement.

Failure to return the Vehicle promptly may result in additional Hire Charges being payable by the Hirer.

4.3 Damaged Vehicle

Green Ride Rentals is an independent company and does not represent:

• Any insurer;
• Any repairer.

Green Ride Rentals is not responsible for repair, storage, movement or disposal of the Damaged Vehicle.

4.4 GST

If the Damaged Vehicle is registered for business use or the Hirer is registered for GST, the Hirer:

• Must pay the GST component of the Hire Charges to Green Ride Rentals;
• May later claim the GST through their BAS.

5. Warranties

5.1 General

The Hirer warrants to Green Ride Rentals that:

• The Accident resulted from the negligence of the Third Party;
• All information provided to Green Ride Rentals regarding the Agreement, Damaged Vehicle and Accident is true, complete and correct to the best of the Hirer’s knowledge;
• At the time of the Accident:
  • The Damaged Vehicle was registered;
  • The Hirer regularly drove the Vehicle;
  • The Hirer held a valid license for the class of Vehicle involved.
• The Hirer suffered inconvenience and loss of use due to the Damaged Vehicle being unavailable;
• The Hirer informed Green Ride Rentals if the Damaged Vehicle was used for rideshare purposes and intends to use the replacement Vehicle for similar purposes;
• The Hirer has not relied on any promise, representation or inducement other than those expressly stated in this Agreement.

5.2 Rideshare Vehicles

The Hirer warrants that:

• The Hirer understands it is their responsibility to register the Vehicle as a commercial passenger vehicle before using it for rideshare purposes;
• The Hirer understands that rideshare operators must be registered for GST;
• The Hirer agrees to pay the GST component of any Hire Charges.

5.3 Reliance

The Hirer acknowledges that Green Ride Rentals relies upon the warranties given under this Agreement when:

• Providing the Vehicle on credit;
• Entering into this Agreement;
• Proceeding with the recovery process.

6. Acknowledgement, Agreement and Authorization

By signing this Agreement, the Hirer and Green Ride Rentals confirm that they:

• Have read and understood the Agreement;
• Agree to all terms and conditions;
• Will not delay repairs, claims or settlement processes;
• Confirm the Hirer holds a valid Driver’s License;
• Confirm all information provided is true and accurate;
• Authorize Green Ride Rentals, its management services, debt recovery agents and legal representatives to recover Hire Charges on the Hirer’s behalf;
• Authorize all monies owed for the vehicle hire to be paid directly to Green Ride Rentals;
• Agree to provide credit card details prior to commencement of hire;
• Authorize Green Ride Rentals to debit Hire Charges and Additional Charges from the Hirer’s card;
• Agree to pay GST components where applicable.

The Hirer acknowledges that the Vehicle may contain a telematics device for safety and security purposes.

Green Ride Rentals may activate the telematics device where reasonably necessary for:

• Vehicle security;
• Vehicle recovery;
• Locating a missing or stolen Vehicle.