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Apex Car Rentals Rental Terms for travel between 01-Aug-2018 and 31-Dec-2024
If you cancel your booking within 72 hrs, the initial deposit is not refundable.
Apex Australia Rental Terms and Conditions
Are there any specific conditions if I want to rent from my local Apex Australia branch?
Yes, if you want to rent from an Apex Australia location that is within 200km of your place of residence, then we need to complete some additional checks. You will also need to pay a bond to secure the rental.
To rent from a local Apex branch you will need to provide us with the following:
Verification of your address – you will need to provide a utility bill from your place of residence (e.g. power, water, gas, landline phone or internet) dated within the last 30 days.
The address on the utility bill must match the address noted on your driver licence.
If your driver licence does not have your address printed on it, you must provide two utility bills issued within the last 30 days.
Please Note: Mobile phone bills are not accepted forms of address verification.
We will call your mobile phone to verify the number is valid, so that we know we can contact you. We will also charge your credit card, or bank issued Mastercard or Visa debit card, an amount equivalent to the value of the excess liability noted on the rental agreement. We will refund the bond amount upon return of the undamaged vehicle.
The following Terms and Conditions of hire are entered into between the cardholder and the person taking possession of the vehicle (hereinafter jointly and severally referred to as "the hirer") and Apex Car Rentals hereinafter referred to as "the owner".
2. Vehicle Description
"The owner" will let and "the hirer" will take on hire the vehicle detailed on the Rental Agreement. This and any other vehicle provided is hereinafter referred to as "the vehicle".
3. Authorised Drivers
Only those persons named as authorised drivers on the Rental Agreement shall be permitted to drive the vehicle(s) supplied under this agreement, and then only if those persons hold a current full (non-probationary) drivers licence appropriate for the vehicle at the time that they are driving the vehicle. The minimum age for drivers is 21 years old.
4. Terms of the Hire and Vehicle Charges
4.1 All rates include GST and standard loss or damage cover (refer to clause 12).
4.2 The hire will terminate when the vehicle is returned to the Apex rental location specified in the rental agreement.
4.3 The vehicle may not be driven outside the area marked in Fig 1 on the Rental Agreement (and also displayed on this web page). After hours pick up or return is by prior arrangement only. Unauthorised late return will attract a late return charge of $40 in addition to the daily rate (see clause 16.4).
4.4 Please phone us if you wish to extend, and if this is possible we will always oblige. Vehicle hire charges are non-transferable. In the event that the hirer cancels or voids the agreement, or returns the vehicle earlier than stated in the agreement, no refund generally applies (see clause 16.3 for further details).
5. Other Products and Services
The owner agrees to arrange and the hirer agrees to purchase any additional products and services as detailed on the Rental Agreement.
6. Total Charges for Other Products and Services
The hirer is responsible for the correct fitting and use of accessories. The hirer is liable for the full replacement cost up to $200 per item (relevant to the cost of the item) the event that any of these accessories are lost, stolen or damaged.
7.1 The hirer agrees to be bound by all of the Terms and Conditions of the rental agreement. The hirer acknowledges that he or she is liable for any excess owing due to damage of the rental vehicle except in certain circumstances (Refers clause 12 and 13 for details).
7.2 The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the agreement and that Apex is authorised to charge any amounts owing to Apex under the Rental Agreement to this card. The hirer’s attention is drawn to clauses 12 to 18.
8. Use of the Vehicle
8.1 The Driver
(a) shall ensure that only the hirer or an authorised driver will drive the vehicle;
(b) shall ensure that the hirer and any authorised driver hold a current licence (not being a learner licence or provisional licence) to drive the vehicle and have been licensed to drive vehicles of the same category as the vehicle for at least 12 consecutive months; and
(c) agrees that they are responsible for the acts and omissions of an authorised driver or any other person the hirer allows to drive the vehicle and neither the hirer nor any unauthorised driver will have the benefit of any Loss or Damage Cover or optional coverage if the hirer allows an unauthorised driver to drive the vehicle and that unauthorised driver causes loss of or damage to the vehicle or damage to the property of a third person.
8.2 Use of the vehicle
The hirer and any authorised driver must:
(a) not use the vehicle in contravention of any law, including any regulations, rules or bylaws relating to road traffic;
(b) not sublet or hire the vehicle to any other person;
(c) not allow the vehicle to be operated outside the hirer’s authority;
(d) not drive, or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current full (non-probationary) drivers licence appropriate for the vehicle;
(e) not use, or allow the vehicle to be used, for any illegal purpose, or for any race, contest, rally, speed test or performance test of any kind;
(f) not use, or allow the vehicle to be used, to push anything;
(g) not carry, or allow the vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the vehicle;
(h) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the vehicle is driven;
(i) not, without Apex’s prior written consent, use or allow the vehicle to be used to carry passengers for payment of any kind;
(j) not use the vehicle when it is damaged or unsafe;
(k) provided it is reasonable in the circumstances to do so, not drive the vehicle after an accident or hitting an object (including an animal) until the hirer has obtained Apex’s approval to do so;
(l) not use the vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the hirer’s cost) and in accordance with the manufacturer’s specifications and Apex’s recommendations;
(m) not, without Apex’s prior written consent, use the vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(n) not use the vehicle for the conveyance or towing of any load unless the hirer has obtained Apex’s prior written consent; the load is correctly loaded and secured and not in excess of that for which the vehicle was manufactured; for towing, the vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the manufacturer’s specifications and Apex’s recommendations.
8.3 Where the hirer can and cannot drive the vehicle
Notwithstanding clause 4.3 the hirer and any authorised driver:
(a) may, subject to the remainder of this clause 8.3, drive the vehicle in South Australia and Tasmania;
(b) may only use the vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road;
(c) must not, unless authorised in writing by Apex, drive or take the vehicle:
(1) To any island off the coast of Australia (i.e. Fraser Island or Magnetic Island), with the following exceptions:
a. Apex vehicles are permitted on Kangaroo Island (South Australia) & Bruny Island (Tasmania) under specific terms & conditions and approval from Apex Adelaide (for travel to Kangaroo Island) and Apex Tasmania (for travel to Bruny Island);
(2) into or out of the Northern Territory, Western Australia or Tasmania;
(3) on beaches or through streams, dams, rivers or flood waters; or
(4) in Queensland:
a. on Highway No.27 beyond Chillagoe in a westerly direction;
b. on Highway No.1 no further west than Minnamoolka at the junction with Highway No. 62;
c. beyond Cooktown to the north or Lakeland to the west and no further north than Cape Tribulation on the Cape Tribulation Road;
d. south on Shiptons Flat Road / Bloomfield Road / Helenvale Bloomfield Road / Rossville Bloomfield Road / Cape Tribulation Bloomfield Road from Helenvale to Cape Tribulation
8.4 In this agreement “manufacturer’s specifications” means the specifications of the manufacturer of the vehicle as set out in the vehicle’s operations manual located in the glove box of the vehicle, or as otherwise specified by Apex.
9. The Hirer’s Obligations
The hirer shall ensure that:
(a) all reasonable care is taken when driving and parking the vehicle;
(b) the vehicle is locked and secure at all times when it is not in use;
(c) the keys are under the hirer’s or an authorised driver’s personal control at all times;
(d) all passengers in the vehicle comply with all applicable seat belt and child restraint laws;
(e) the vehicle is only filled with the fuel type specified in the manufacturer’s specifications;
(f) all the vehicle’s engine oils and engine coolant levels are maintained to the manufacturer’s specifications (provided that Apex has provided the vehicle to the hirer with engine oils and engine coolant at levels which reflect the manufacturer’s specifications);
(g) no person interferes with any part of the engine, transmission, braking or suspension systems; and
(h) no person smokes inside the vehicle.
10. Activation of Warning Lights, Breakdown and Mechanical Repairs
10.1 If any warning light is activated or if the vehicle requires mechanical attention the driver must stop driving and contact either Apex or 24-hour Roadside Assistance.
10.2 The hirer shall not arrange or undertake any repairs or salvage without Apex’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property, in which case the hirer must promptly inform Apex of such repairs or salvage. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair. To the extent Apex cannot, acting reasonably, verify the cost of repairs, Apex will not reimburse the hirer. Please also refer to the information printed on the Apex additional information sheet supplied with the Rental Agreement for procedures relating to tyres and breakdowns.
10.3 If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the hirer, Apex will refund to the hi rer the rental charges that relate to the period during which the car could not be used or a replacement was not available. Apex undertakes to arrange repair or replacement with another Apex vehicle as soon as practicable.
10.4 Apex will provide 24 hour roadside assistance for all inherent mechanical faults related to the vehicle (as reasonably determined by Apex or its authorised repairer) at no additional cost provided the fault does not arise from any authorised use of the vehicle in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions). For all other roadside assistance call outs including refueling, jump starts, tyre related incidents (except for flat tyres that are caused by normal wear and tear), lost keys, keys locked in the vehicle or a flat battery due to lights or other electrical equipment being left on, the Roadside Assistance Fee will be charged unless the hirer has purchased optional Roadside Assistance Cover.
10.5 Roadside Assistant Cover does not apply if the vehicle has been used in breach of clause 8 (save, in respect of clause 8.2(a), for minor infractions), or for any additional amounts payable under clause 13.1.
10.6 “Roadside Assistance Cover” means the following services for the payment of the Roadside Assistance Cover Fee specified in the rental agreement; refuelling up to 6 litres where the hirer runs out of fuel, changing flat tyres, provision of spare keys where the hirer loses the keys to the vehicle, unlocking the vehicle where the hirer locks the keys in the vehicle, and provision or a replacement battery or “jump start” where the vehicle has a flat battery due to the hirer leaving the lights, air conditioning, entertainment system(s) or other electrical equipment running while the ignition is off. “Roadside Assistance Fee” means a minimum charge of $198 (including GST), or such other amount as reasonably determined by Apex having regard to the roadside assistance callout event (for example: a lost key can cost up to $670 including GST to replace.)
11. Accidents and Claims
11.1 In the event of an accident the hirer shall:
(a) notify Apex of the full circumstances as soon as practical;
(b) promptly notify the Australian Police if the accident involves injury, or otherwise if required by law;
(c) record full details of all parties, witnesses to and vehicles involved in the accident;
(d) if possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, the hirer must obtain a copy of the Police report.
11.2 In the event of an accident the hirer shall not:
(a) make any admission of liability, except to the extent that the hirer is required to provide a statement to the Police;
(b) arrange or undertake any repairs or salvage without Apex’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property in which case the hirer must promptly inform Apex of such repairs or salvage.
11.3 If an accident is the fault of the hirer and the accident renders the vehicle unfit to drive, Apex will offer the hirer, at Apex’s discretion, a refund or a replacement vehicle for the unused hire period (commencing the day after the accident). Apex shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. If Apex offers the hirer an alternative vehicle, the vehicle shall be made available at an Apex branch, not delivered to the accident location. If the hirer is at fault, Apex reserves the right to provide the replacement vehicle subject to an increased hirer’s liability.
11.4 Where an accident or the use of the vehicle by the hirer or any other person results in a claim (“Incident”), or where damage or loss is sustained to the vehicle or the property of any third party, the hirer must ensure that the hirer, or any authorised driver:
(a) promptly reports the Incident in writing to Apex;
(b) does not, without Apex’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident;
(c) permits Apex or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in the hirer’s name in relation to the Incident;
(d) completes and furnishes to Apex within a reasonable time any statement, information or assistance which Apex or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
11.5 Apex will meet the hirer’s reasonable out-of-pocket expenses in complying with clause 11.4(c) or 11.4(d).
11.6 If the hirer does not comply with clause 11.1(a) or 11.4(a), and Apex is unable to investigate the accident or Incident, Apex will, if it is reasonable to do so, debit all charges to the hirer’s account pending receipt of the hirer’s report about the accident or Incident.
12. Loss or Damage Cover
12.1 Subject to this clause 12 and clause 13, the hirer is liable:
(a) for the loss of, and all damage to, the vehicle (including its parts, components, accessories and contents); and
(b) for all damage to the property of any person:
(1) which is caused or contributed to by the hirer or any person the hirer allows to drive the vehicle; or
(2) which arises from the use of the vehicle by the hirer or a person the hirer allows to drive the vehicle.
This clause 12 does not apply to any damage or loss for which Apex is liable to the hirer under this rental agreement.
12.2 Subject to clauses 12.3, 12.5 and 13, Apex waives the hirer’s liability under clause 12.1 for damage to, or loss of, the vehicle and will ensure that the hirer and any authorised driver are entitled to be indemnified under the Apex Insurance Policy if:
(a) The hirer accepts Loss or Damage Cover (which is included in the hirer’s rate); and
(b) The hirer pays the Excess Amount for each separate event involving:
(1) Damage (including hail damage) to, or loss of, the vehicle; or
(2) Damage to the property of any third party which is caused by the use of the vehicle by the hirer or an authorised driver.
12.3 In the event of an unintended collision between the vehicle and any other object, including another vehicle, during the rental period that results in damage to the vehicle or to the property of any third party, Apex waives the hirer’s liability under clause 12.1 and will ensure that the hirer is entitled to be indemnified under the Apex Insurance Policy, and Apex will refund the hirer any Excess Amount the hirer has paid to Apex, provided that, acting reasonably, Apex agrees that the hirer or an authorised driver was not at fault and:
(a) the hirer and any authorised driver hold a current drivers licence;
(b) the hirer has provided Apex with any details of the incident that Apex reasonably requests including:
(1) the name, residential address, contact phone and licence number of any person involved;
(2) the registration numbers of all vehicles involved;
(3) an accurate description of the incident and location; and
(4) the names of any attending police officers and the stations at which they are based; and
(c) the hirer has supplied or Apex has established the name of the insurer of any third party the hirer believes was at fault and Apex has been paid by the insurer for the loss or damage.
12.4 If clause 12.3 applies, Apex may debit the hirer’s account with the Excess Amount at the time of loss of, or damage to, the vehicle, however when Apex has been paid by the insurer of a third party for the loss or damage, Apex will, within a reasonable period of time, refund the hirer the Excess Amount the hirer paid.
12.5 Apex does not waive the hirer’s liability under clause 12.1, and the hirer will be liable, where the damage, injury or loss arises when:
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle or has a blood alcohol content that exceeds the legal limit in the State or Territory in which the vehicle is driven;
(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
(c) The vehicle is operated in contravention of clause 8.2 of this agreement (save, in respect of clause 8.2(a), for minor infractions) and such contravention contributed to the damage, injury or loss;
(d) The vehicle is driven by any person who is not an authorised driver named on the agreement and that unauthorised driver causes loss of or damage to the vehicle or damage to the property of a third person;
(e) The vehicle including its accessories and spare parts is wilfully or recklessly damaged by the hirer or any other person named on the agreement or driving the vehicle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person;
(f) The vehicle is operated off-road, or on any beach;
(g) The vehicle including its accessories and spare parts is damaged as a result of submersion in water, including through streams, dams, rivers or flood waters;
(h) The vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks or bicycle racks;
(i) The vehicle including its accessories and spare parts is damaged by any item carried inside or outside the vehicle, such as a surfboard or bicycle; or
(j) The vehicle is operated outside the prescribed area of use in Fig. 1 or not in accordance with clause 8.3.
12.6 If clause 12.1 or 12.2 applies, the hirer must pay to Apex, or Apex may debit the hirer’s account with, the Excess Amount at the time of loss of, or damage to, the vehicle pending Apex’s assessment of the loss and damage and, if available, the repair of the vehicle, subject to the hirer’s right to a refund under clause 12.7.
12.7 If the amount determined by Apex and paid by the hirer under clause 12.6 exceeds the final costs of the loss, damage or repair, Apex will refund the difference to the hirer within a reasonable period of time. Apex will provide details to the hirer of the final costs of the loss, damage or repair on request by the hirer within a reasonable period of time. For the purpose of calculating any refund under this clause 12.7, Apex will add the Recovery Costs to the amount of costs of damage and repair to the vehicle.
12.8 Where the hirer is required to pay Apex under this clause 12 or clause 13, the amount the hirer must pay for any loss, damage, repair, cost of fee:
(a) may be reasonably determined by Apex; and
(b) in relation to damage to the vehicle, is the lesser of the cost of repairs to the vehicle or the market value of the vehicle at the time of the damage.
12.9 If this clause 12 applies, and the total of the Recovery Costs and the costs and fees that the hirer must pay under this clause is greater than the Excess Amount, you must pay the difference to Apex, or Apex may debit the hirer’s account with, the difference.
12.10 In this agreement:
(a) “Apex Insurance Policy” means a policy of liability insurance held by Apex for the hirer’s and any authorised driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the vehicle by the hirer or an authorised driver;
(b) “Loss or Damage Cover” means the cover which reduces the hirer’s financial responsibility for loss or damage to the vehicle to the Excess Amount
(c) “Recovery Costs” means any appraisal costs and any towing and storage costs which are actually and reasonably incurred, plus a reasonable administrative fee reflecting the costs of making arrangements for repairs and towing and other administrative activities.
13. Hirer’s Liability for Damage
13.1 Even if the hirer accepts the Loss or Damage Cover, and pays for any optional coverage, the hirer must always pay to Apex the full amount of the following costs and fees:
(a) The cost of repairing any:
(1) Overhead damage or underbody damage (including, without limitation, damage which occurs if the hirer drives the vehicle into a bridge, a tunnel, a tree or the roof or boom gate of a car park; or damage to the exhaust systems, suspension and chas sis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds);
(2) Any and all damage to the vehicle (including windscreens and tyres) or to the property of any third party caused delibera tely or recklessly by the hirer or any other driver of the vehicle or a passenger carried during the rental period and associated Recovery Costs;
(3) Damage to an accessory not attributable to normal wear and tear;
(4) Damage associated with the incorrect use of or contamination of fuel (diesel or petrol);
(b) The cost of replacing, if lost or stolen, an accessory (including cost of replacement of lost or stolen car keys);
(c) The cost of recovering a car that has become bogged or immovable (in circumstances where it is the hirer’s fault that the car has become bogged or immovable);
(d) Costs arising under clause 14; and
(e) If you have breached the rental agreement (save, in respect of clause 8.2(a), for minor infractions), a per day amount for loss of use of the vehicle by Apex during the period the vehicle is off fleet for repair, based on the actual downtime of the vehicle (or, where the actual downtime of the vehicle is not known, a reasonable estimate of that downtime), provided that the hirer’s breach has caused the downtime of the vehicle. This per day amount is charged at the daily rental rate for the vehicle hired.
13.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.
13.3 In this agreement:
(a) “Overhead damage” means damage (excluding hail damage) to the vehicle above the top of the door seal or the top of the front and rear windscreens, or damage to third party property, caused by the vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the vehicle, or the hirer or any person standing or sitting on the roof of the vehicle;
(b) “Underbody damage” means damage to the vehicle caused by the vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Apex considers, acting reasonably, that the driver of the vehicle is reasonably at fault for that damage.
14. Hirer’s Liability for Cleaning Charges
14.1 If the vehicle is returned in an excessively dirty condition that, in Apex’s reasonable view, requires extraordinary cleaning or de-odorising (including any professional cleaning or smoke extraction), the hirer is liable for the full cost of this cleaning or repair, a reasonable administrative fee reflecting the cost of making arrangements for cleaning or de-odorising and, if the hirer has breached the rental agreement, a per day loss of revenue fee based on the actual downtime of the vehicle. Such charges include but are not limited to cleaning of:
(a) spillage of fluids such as drinks, milk, oil, paint, etc.;
(b) perishable food;
(c) removal of hair, stains and odours due to animals in the vehicle;
(d) fish and associated smells;
(f) cigarette/cigar smoke smells.
15. Petrol and Other Fuel
15.1 The hirer is responsible for the cost of fuel used during the hire.
15.2 In the event that the vehicle is returned with less than a full tank a $25 refuelling surcharge applies. The hirer is li able for the cost to refuel the vehicle and the refuelling surcharge. For the purposes of this clause, the fuel level of the vehicle at the time the hirer returns it to Apex is determined by visual inspection by Apex of the vehicle’s fuel gauge.
15.3 The hirer must fill the vehicle only with the fuel type specified in the manufacturer’s specifications.
16. Return of the Vehicle and Termination of the Hire
16.1 The hirer shall, at or before the expiry of the term of hire, return the vehicle (including car keys and all accessories) to the location specified in on the agreement, or obtain Apex’s consent to the continuation of the hire. Requested changes to the return date and time and/or return Apex location are subject to vehicle availability and additional rental costs, and may not always be possible. The hirer must return the vehicle in the same condition as it was at the commencement of the rental period, fair wear and tear excepted.
16.2 If the hirer tells Apex that the hirer wants to return the vehicle to a location other than that stated on the rental document, Apex will advise the hirer of the amount of the ‘one-way fee’ that the hirer will incur. If the hirer returns the vehicle to a different Apex location than the location specified on the agreement without Apex’s prior consent the hirer must pay a ‘one way fee’ of up to $2 per kilometre to be determined and paid at the end of the rental period (which may be a significant amount), and a reasonable administrative fee reflecting the cost of making arrangements for return to a different Apex location. The hirer will also be liable for any rental charges calculated under clause 16.4.
16.3 Apex has the right to terminate the agreement and repossess the vehicle (and for that purpose enter any premises and remove the vehicle) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the vehicle, including towing charges actually incurred, in any of the following circumstances:
(a) The hirer is in breach of any material term of this agreement and has not remedied that breach after notice to do so;
(b) The hirer has obtained the vehicle through fraud or misrepresentation;
(c) The payment for the rental is 3 days in arrears;
(d) The vehicle appears to be abandoned;
(e) The vehicle is not returned on the agreed return date;
(f) The vehicle is damaged or involved in an accident during the rental period, in either case due to the fault of the hirer; or
(g) Apex considers, on reasonable grounds, that:
(1) damage to the vehicle or injury to persons or property is likely to occur in either case due to the fault of the hirer;
(2) the vehicle may be used for an unlawful purpose; or
(3) the vehicle may be involved in an industrial dispute.
If Apex terminates or repossesses the vehicle in accordance with clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g) the hirer has no right to a refund of any part of the rental charges. If Apex terminates or repossesses the vehicle in accordance with clause 16.3(f), Apex will offer the hirer a refund or a replacement vehicle, at Apex’s discretion. The termination of the hire under this clause shall be without prejudice to the other rights of Apex under this agreement or otherwise. Rental Agreement Terms & Conditions The reference in clause 4.4 to ‘voids the agreement’ means circumstances where Apex has exercised its right of termination in clauses 16.3(a), 16.3(b), 16.3(c), 16.3(d), 16.3(e), or 16.3(g).
(a) If the hirer returns the vehicle on a date or at a time, or to a place other than that shown on the rental document, the rates shown on the rental document will not apply and you must pay the rate that in the circumstances is reasonably applicable for the vehicle for the rental period (which is likely to be higher than the rates shown in this agreement), plus, if late, the late return charge specified in clause 4.3.
(b) The hirer acknowledges that Apex may have rented the vehicle to another customer from the period after the hirer is due to return the vehicle, and if the hirer does not return the vehicle by the date and time specified on the rental agreement and does not extend the rental in accordance with clause 4.4, Apex may be required to make alternative arrangements to provide a replacement vehicle for such customers. The late return charge in clause 4.3 is intended to be a reasonable administrative fee in these circumstances.
16.5 If the hirer does not return the vehicle on the date and by the time shown on the rental agreement (or any extended date and time agreed with Apex) then:
(a) after written notice to the hirer and if the location of the vehicle is unknown, Apex may report the vehicle as stolen to the police; and
(b) the hirer must pay all charges (including any additional rental charges) and compensate Apex in accordance with clause 12 for any loss Apex suffers (including all reasonably additional costs Apex incurs in recovering the vehicle) up to the time the vehicle is recovered by Apex. For the avoidance of doubt, if the hirer reports the vehicle as stolen to the police and to Apex, the hirer will not be charged for rental charges after that date.
17. Calculation of Charges
17.1 Apex calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. An extra day is charged after allowing a grace period of 1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of unauthorised late return.
17.2 Extensions authorised by Apex are charged at the same daily rate as the original rental.
17.3 All transactions under this agreement are calculated in Australian dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. Apex accepts no liability for any such variations.
18. Tolls and Infringement Fees
18.1 The hirer must pay all parking, speeding and traffic infringements and tolls in respect of the vehicle during the rental period.
18.2 If Apex receives an Unpaid Toll Notice relating to the period the vehicle was on hire, an administration fee of $40.00 will be charged in addition to the toll fee.
18.3 If Apex receives notice of a speeding, parking or other traffic infringement relating to the period the vehicle was on hire, Apex will complete a statutory declaration nominating the hirer as the driver of the vehicle and an administration fee of $40.00 will be charged.
19.1 The hirer acknowledges that Apex relies on the truth of the hirer’s representations in this agreement.
20. Personal Injury, Personal Property and Storage of Property
20.1 Apex recommends that all people travelling in Australia take out Personal Travel Insurance.
To the extent permitted by law, Apex does not accept any liability for:
(a) personal injuries sustained during the rental;
(b) damage or loss of the hirer’s personal property;
(c) property belonging to any other person which is carried or left in the vehicle, except to the extent that Apex’s acts or omissions have caused or contributed to such loss.
20.2 In the event that the hirer or any other person leaves any property in the vehicle after its return to Apex or otherwise with Apex for any reason this is at that person’s own risk and Apex will not, unless Apex is negligent or fraudulent, accept any l iability for damage or loss to that property.
21. Claims Against Third Parties
21.1 Apex is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss. Apex will provide an invoice for any amount paid to Apex by the hirer. Apex will only provide repair quotes, police reports, photographs or any other information to the hirer if requested by the hirer and if it is reasonable for Apex to do so.
21.2 In the event that the hirer believes that their credit card issuer will cover the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the relevant sum directly to Apex and Apex will provide an invoice for the sum paid.
22. Personal Property Securities Law
22.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (“PPSA”) – “financing statement”, “interested person”, “register”, “proceeds”, “security agreement” and “security interest”.
22.2 The hirer acknowledges that:
(a) by renting the vehicle from Apex, the hirer may be granting a security interest in the vehicle (and any proceeds) to Apex, and that this Rental Agreement may constitute a security agreement;
(b) any security interest arising under this Rental Agreement attaches to the vehicle when the hirer obtains possession of the vehicle and not at any other time;and
(c) Apex may perfect its security interest by lodging a financing statement on the PPSA register.
22.3 Apex does not need to give the hirer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded. The hirer must do anything reasonably required by Apex to enable Apex to register its security interest, with the priority it requires, and maintain the registration.
23. Consumer Rights Statement
All of the hirer’s rights set out in this Rental Agreement are in addition to the hirer’s rights as a consumer (“Consumer Rights”) under applicable consumer protection legislation, including the Australian Consumer Law. A hirer’s Consumer Rights are not excluded, restricted or modified by this Rental Agreement. A hirer can find out more about Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
Terms of booking on this website
The rates on this website are often heavily discounted. This is due to our negotiated rates and bulk buying power. On very rare occasions, a rate may be displayed incorrectly due to our, or a vehicle supplier's error. In such a case, if you book with us at a quoted rate that is incorrect, we will notify you of any price change and give you the option to proceed or cancel. We make every effort to keep information on our site up to date, but we cannot guarantee this website is free of errors or omissions and retain the right to update or change the information published at any time.
To the extent permitted by law we/the owners of this website will not be liable to you or to any third party (whether in contract, tort, or otherwise) for any direct, indirect or consequential loss or damage (including but not limited to any accident, injury, delay or loss of enjoyment) arising out of your reliance upon information contained on this website, including but not limited to your use (or inability to use) any products or services described or procured through this website.
When you pick up your vehicle, you will be required to sign a rental agreement with the supplier of the vehicle. Your rental and use of the vehicle will be governed by the terms of the rental agreement and any other documentation or information provided to you by the supplier at the time you pick up your vehicle. The rental agreement is between you and the supplier and we will not be liable to you or to any third party in relation to the terms of the supplier's rental agreement or any other documentation provided to you by the supplier at the time of pick up.
While we will make reasonable efforts to ensure we are representing only reputable suppliers, we make no warranty about the fitness or suitability of any third party (supplier) product or service and will not accept responsibility for the quality or fitness of any vehicle. We welcome feedback from our customers on their experience with our suppliers. We may, at our discretion, provide you with reasonable assistance in resolving any dispute you may have with a supplier.
Our total liability to you in relation to your use of this website and the information contained on this website will not exceed the dollar amount of the deposit we have received from you in relation to your booking/rental. Refunds will not be made for bookings cancelled due to inclement weather. Again, we strongly recommend that you take out travel insurance. Your use of this website is governed by the laws of New Zealand and the jurisdiction of the New Zealand courts.
To make a booking you must complete our booking form which is easy to follow and secured with the latest encryption technology. Once we receive your form, we will, subject to availability, confirm your booking by emailing you a confirmation voucher and invoice.
If you are booking via phone, please make sure you have read the terms and conditions of the vehicle you wish to rent first. Our reservations consultant will ask you if you have read the terms and agree to them before proceeding. The onus is always on the renter to ensure they make themselves fully aware of the terms displayed on our website.
In booking on this website you acknowledge that we disclose your information to your selected Supplier in order to provide the requested rental services.
Vehicle capacity and fitness to drive
Under no circumstances are you permitted to carry more passengers than the vehicle you rent is legally registered to carry, and if you do your insurance may be invalidated. The number of seatbelts (and passengers) is indicated next to each vehicle on this website. Luggage capacity where shown is an indication only and we will not be responsible should you be unable to fit your entire luggage into a vehicle. It is your responsibility to choose a journey that is within your capabilities. A vehicle supplier can refuse to rent a vehicle to any person who is in their opinion unfit to drive or does not meet eligibility requirements. In such circumstances we will have no further liability to you.
In the event of cancellation, any deposit amounts paid at the time of booking are non-refundable.
If you are unsatisfied with our service, please contact us within 48 hours of placing your booking or request and we will work to resolve any issues and determine if compensation is due. In the event you have completed your rental and are unhappy with your vehicle, we are happy to assist you in seeking compensation from the operator of the vehicle.
This website is owned and operated by Online Republic Group Limited. Our financial centre and marketing office is based at Level 5, 12 Madden Street, Wynyard Quarter, Auckland, New Zealand. In Australia, we are based at 2/509 St Kilda Rd, Melbourne VIC 3004. Thank you for booking with us.