Terms and conditions of USE

1.1 person who is not licensed for that class of vehicle

1.2. A person whose blood alcohol concentration exceeds the lawful percentage or who is under the influence of drugs

1.3. A person who has given, a false name, age, address, or driver’s license detail.

1.4. A person whose driver’s license has been cancelled, endorsed, or suspended within the last (one) year.

1.5 A person who has held a driver’s license for less than one year.

1.6.  Any L Plate driver or person learning how to drive

2. Circumstances in which and/or for which the vehicle must not be used:

a) Only drivable in Tasmania. 

b) On any road that is not a properly formed and constructed as a sealed, metaled or gravel gazette road in good condition; except where the lack of sealant or coverage is because the road is under maintenance or if the vehicle is travelling on a well-maintained private driveway or commercial establishment access road.

c) Off road or on any dirt or sand track, bush or beach path or any beach.

d) To carry persons for hire or to carry any inflammable, explosive, or corrosive materials

e) To propel or tow any vehicle, trailer, boat, or any other object unless the company has specified and authorized such use in writing.

g) To carry any animal, bird or pet in the vehicle unless authorized by us in writing or on the face of this Agreement.

h) For any racing, peacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for these purposes.

i) In a dangerous or willfully negligent, careless, or reckless manner.

j) 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 jointly and severally responsible under this Agreement.

a) All rental charges specified on the beginning of the agreement. 

b) All charges claimed from the Owner in respect of parking and any other traffic violations incurred during the hire period or until such later time as the vehicle is returned to the Owner’s possession.

c) All loss or damage to the motor vehicle (including hail damage and loss of use), Third Party Damages, legal expenses, assessment fees, clamping fees, towing and recovery, storage and Other service charges where any condition of this Agreement, relevant to the loss or damage.

d) Costs, penalties, or infringement charges arising from clamping or towing, or release from holding compounds.

e) All rental charges for any extension of hire that you have requested, and we have agreed to.

3.2 You must also pay us resulting loss, damage, and costs where:

a) You have left the vehicle unlocked or left the keys in the vehicle

b) You have not kept the vehicle key secure and under your personal control.

c) The underbody of the vehicle is damaged (including water related damage) regardless of cause when an accident with another vehicle is not involved.

d) The vehicle is partially or totally immersed in water, irrespective of how the damage or loss was caused - other than the exceptions where:

I. the immersion or partial immersion occurred at a time when the vehicle was parked in a place where it was reasonable and legal so to do and was physically unable to be safely accessed by the Renter(s) or breakdown services at the time of such immersion or partial immersion, or

II. the immersion or partial immersion occurred during the vehicle (where authorized by the Agreement) is being loaded onto, transported by, or alighting from a scheduled public access car ferry service, or

III. the immersion or partial immersion occurred because of a collision with another identified moving motor vehicle.

e) The interior of the vehicle is damaged (other than fair wear), regardless of cause, when no other vehicle is involved.

f) The tyres of the vehicle are damaged other than by normal wear.

g) Where damage or loss, including any consequential damage is caused using the incorrect type or grade of fuel

h) The vehicle is damaged by driving it under or into an object lower than the height of the vehicle, or narrower than 30cm wider than the widest part of the vehicle, including mirrors.

i) You have failed to maintain all fluid and fuel levels and tyre pressures or have failed to immediately rectify or report to Us any defect of which you become aware or ought to have become aware.

j) You have failed to properly secure any load or equipment which leads to damage, or loss caused by any part of the load or equipment.

k) The vehicle is damaged by loading or unloading, other than normal wear.

l) Court costs, fees or penalties arising from use of the Vehicle, whether You were driving the Vehicle, or not.

m) We may supply your details to any regulatory authority upon demand. .

n) If We have paid a fee for which you are liable, under clause 3, You will be charged that amount plus an Administration Fee.

4. SAFETY OBLIGATIONS

During the Rental Period You must:

4.1 Take all reasonable care when driving, reversing, and parking the vehicle to avoid any damage or third-party loss

4.2 Ensure You and your passengers comply with all seatbelt and child restraint laws and ensure any child restraint has been fitted correctly, according to the age and height of the child and ensure the restraint is properly adjusted and fastened when in use.

4.3 Never use the Vehicle when it is damaged or unsafe.

4.4 Never drive the Vehicle in a deliberately careless, reckless, or dangerous manner.

4.5 Not drive the Vehicle:

a) Through any river, creek, ford, stream or tidal crossing.

b) through any flood waters or on flood prone roads at times which may prove unsafe.

c) on any road which the police or any statutory authority has closed, or on which has issued a caution or warning.

4.6 Not leave the scene of a road accident before the arrival of the police or a tow or salvage operator.

4.7 Not load the Vehicle past the manufacturers recommended weight or legally allowable mass

4.8 Always ensure that any item or load on the Vehicle is properly and safely secured.

5. DAMAGE COVER

Provided You act within the Terms and Conditions of this Agreement, the company will grant damage cover (including legal costs incurred with our written consent) for your benefit in respect of damages to the hire vehicle or third-party damage other than property owned by You (or any relative, friend, associate or passenger) or in your physical and legal control. This cover is subject to

a) Your payment (per incident) of the COLLISION DAMAGE/LOSS LIABILITY Fee (DLF) will be quoted by our authorized dealers. 

b) You are not being covered under any policy or insurance. You will get the insurance compiling with the general conditions of the insurance owner. 

d) You are providing such information and assistance necessary as may be requested and if necessary, authorizing the company and/or it’s Insurers to bring, defend or settle legal proceedings, but the Owner/Insurer shall have sole conduct of the proceedings. Any such proceedings shall be brought or defended in Your name or the name of the Authorized Driver.

6.Fines or Penalties

If you get any fines or penalties including parking fines, you will be liable to pay it by yourself.

If you are caught by the speed cameras or red-light cameras, the fine will be transferred in the given driver license details and the hirer will be liable to pay the fines and carry the demerit points by themselves. 

7. ACCIDENTS

7.1 In the event of an accident the hirer shall NOT:

a) Make any admission of liability

b) Undertake any repairs or salvage without the company’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or other property.

7.2 In the event of an accident the hirer SHALL:

a) Notify the company of the full circumstances promptly and complete a Collision or Damage Report Form as soon as practical, but within a maximum of 24 hours.

b) Notify the State or Territory Police if the accident involves injury, dispute, or significant damage to either vehicle.

c) Where possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, obtain a copy of the Police Report.

d) Where practical and safe to do so, obtain photos of the accident scene and the vehicles involved to assist in any claim.

7.3 Should an accident, where You are fully or partially at fault, render the Vehicle unfit to drive, the company will make no refund for the unused hire period, (including any excess reduction payment if applicable).

7.4 The provision of a replacement vehicle shall be at the company’s sole discretion. If replacement cannot be managed within 24 hours, we will refund the rent for remaining period according to the paid amount by the customer. For any difference, company will not be liable to pay the extra or difference amount. 

7.5 The company shall not be responsible for transporting the hirer or any passengers away from the accident location.

7.6 In the event that the Owner elects to offer the hirer an alternative vehicle, the vehicle shall be made available at an company's branch and not delivered to the accident scene.

7.7 No replacement vehicle will be provided during the busy periods like Christmas and Easter as the availability is not guaranteed.  

7.8 You and all authorized drivers must not at any time admit liability for any loss, claim or demand and agree that if such an admission is made by You or an Authorized Driver then that is a material breach of the Contract.

7.9 You will deliver to the owner immediately, every summons, complaint, or paper in relation to any such loss or damage.

8. FUEL

8.1 The Owner has a policy of providing vehicles with a full tank of fuel; however, acknowledges that that is not always practical.

8.2 Notwithstanding the above, the Vehicle must be returned with the amount of fuel equal to that at the time the rental commences.

8.3 If the Vehicle is returned with less fuel the difference will be charged at the fuel cost on the day plus a service charge.

8.4 The correct type and grade of fuel must be used in the Vehicle, as advised by Us. Only use unleaded fuel 95 grade minimum. 

8.5 You must pay Us for all damages or loss caused by inserting the wrong fuel type into the vehicle.

8.6 You must pay for fuel used for any delivery or collection service of the vehicle or the drivers of the Vehicle.

9. CLEANING CHARGES

9.1 If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or de-odorising which will be $50-150, the Hirer is liable for the full cost of this cleaning and any consequent loss of use of the vehicle. These fees include, but are not limited to the cleaning of:

a) Excessive dirt, mud, or sand on, under, or in the Vehicle

b) Cigarette/cigar smoke, smells or ash residue

c) Substances spilt on or making the paintwork, including bird or bat droppings

d) Removal of hair, odours, and stains from animals in the Vehicle

e) Vomitus, urine or smells thereof

f) Fish and bait/or associated smells

g) Spillage of food or fluids such as milk, drinks, paints, oils or other substances

10. PROPERTY LEFT IN VEHICLE

10.1 Hirers and Authorized drivers are responsible for ensuring no private property is left in the Vehicle at the end of the Hire Period.

10.2 Unless the company or a company's employee is negligent, the company accepts no liability to any person for any loss or damage to any property left in the vehicle after its return; or stolen or lost during the rental.

10.3 You agree to release and hold harmless the company, its agents and employees from all claims for loss or damage to your personal property during the Hire Period.

11. TERMINATION OF RENTAL

11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.

11.2 It is a condition of this Agreement that (excepting where you have entered into a commercial agreement) that all hire periods are pre-paid.

11.3 The Owner reserves the right to require and You agree, that where an extended hire period, week by week, month by month or a long-term hire agreement with progressive payments is entered into, the Account shall be in credit all times.

11.4 You accept that (excepting where you have entered into a commercial agreement) you have no lawful or contractual right to be in possession of or to use the Vehicle unless the hire for any day of use is agreed to by the Owner and is pre-paid.

11.5 Continued possession of the Vehicle when not pre-paid is a material breach of the Contract/Agreement and grounds for immediate termination of the Contract by the company. Once the company has terminated the Contract under these conditions the company considers You are in unlawful possession of the vehicle.

11.6 You understand and accept that where the company is not able to contact You within 24 hours to arrange immediate payment of any arrears and return the vehicle or make prepayment any agreed further extension of the hire, the company will cancel / terminate the contract and You or any authorized or unauthorized driver may be considered to be in unlawful possession of the Vehicle.

11.7 You accept that in circumstances where the company reasonably believes you are in unlawful possession of the Vehicle for any reason, the vehicle may be reported to the Police as stolen.

11.8 Where You are in arrears with progressive hire payments and do not make immediate restitution on demand from the company, the company reserves the right to use debt collectors to recover all outstanding fees and charges and use its staff or Mercantile Agents/Repossession Agents to recover the Vehicle.

12. GENERAL PROVISIONS

12.1 Except as provided by law, no driver or passengers in the vehicle shall be, or be deemed to be, an agent, servant or employee of the company in any manner for any purpose whatsoever.

12.2 No right of the company under this agreement may be waived except in writing by an officer of the Owner.

12.3 All loss and damage per incident and each separate incident leading to loss or damage is subject to the Damage Liability Fee per incident.

12.4 You and each Authorized Driver agree to indemnify the company from and against any or all claims, demands, actions, liabilities, expenses and costs (including, but not limited to legal costs on an indemnity basis) incurred by the company as a consequence of the failure for whatever reason of the due and punctual performance of Your obligations under this Agreement.

12.5 You and/or the Authorized Driver(s) acknowledge that your interest in the Vehicle is as a bailee of the company only and that You agree not to part with possession, dispose of, encumber or assign any right or interest in the Vehicle and not to create any lien on the Vehicle for repairs.

12.6 You acknowledge that the Owner has not in any way represented itself to You as an entity carrying on a business of insurance.

12.7 Neither You nor any other person shall interfere with or disable any security device fitted to or supplied with the vehicle

12.8 The hirer shall ensure that a copy of this Agreement kept in the Vehicle throughout the Hire Period and produced for inspection on demand from an enforcement officer.

12.9 The Hirer shall ensure that no person smokes in the Vehicle - sanitation fees apply.

12.10 To the extent permitted under Australian Law our liability is limited, at our option, to repair, replacement, or re-supply of the Vehicle for the remainder of Your Hire Period, or reimbursement of your Rental Charges.

13.  CANCELLATION 

13.1 If the payment value is $100 or less, you will receive a credit for future booking which can be used anytime within 12 months by you or any of your family members or friends. 

13.2 There will not be any refund for change of mind. 

13.3 Booking  can be cancelled anytime before picking up the car and the value is retained by us and can be used as a credit toward a future booking. 

13.4  If the vehicle is returned earlier than stated on the agreement, the value of any unused days will be retained and used as a credit towards a future booking. 

13.5 Any refundable deposit collected before or within the booking will only be refunded in cash after returning the car. No cash refund will be issued if the booking is cancelled for change of mind and the value is less than or equal to $100. 

13.6 Booking affected for Covid 19 or travel restrictions will be refunded in full with a condition of prof of Covid results or state border closure. 

13.7  If Your flight is delayed or cancelled, We will not be responsible for refunds or after hours pick up arrangements fees or taxi fees. For destinations where after hours pick up is possible this will be provided at an additional cost. If there is no after hours service at the specific Rental Location you may pick the Vehicle up the following day

13.8 If your booking is made by book now pay now, this booking is non-refundable.  If your booking is made by book now pay later, you can cancel it anytime without penalty. However, any amount paid before for booking confirmation can only be refunded as credit, not cash. 

13.9 There will be strictly no refund once you pickup your car. If you are not happy with the car, we will change or upgrade you to another vehicle based on availability. In case of any faulty vehicle, you can return it within 3 hours or less than 50km of driving (whichever comes first) from your pickup for a 100% cash refund.  

13.10 For breakdown, we will replace the vehicle for you within 24 hours if it can not be resolved by roadside. You will be entitled for a refund if we can not provide a replacement vehicle with the same grade within that time frame. Refund will be issued for the remaining days of the rental and no difference in rent will be compensated. 

13.11 For any third party or social media booking where all the conditions are not properly mentioned or differ from our policy, this terms and conditions will still be applicable from our end. Hobart Car Hire Pty Ltd will not be responsible for any gap/miscommunication between these parties.