Explore Your Journey with Dreamz Cars
Explore Your Journey with Dreamz Cars
1.1 In this Agreement:
1.1.1 Clause headings are for convenience and reference only and shall not be used in the interpretation of any of the provisions of this Agreement.
1.1.2 The parties shall, wherever necessary and appropriate, be referred to by their defined designations as in 1.2 below.
1.1.3 A reference to:
1.1.3.1 One gender shall include the other gender.
1.1.3.2 The singular shall include the plural and vice versa.
1.1.3.3 A natural person shall include corporate or unincorporate created entities and vice versa.
1.1.3.4 All of the schedules and/or annexures are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement.
1.1.3.5 Words and/or expressions defined in this Agreement shall bear the same meanings in any schedules and/or annexures hereto that do not contain their own defined words and/or expressions.
1.1.3.6 Where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day.
1.1.3.7 Where the day upon or by which any act is required to be performed is a Saturday, Sunday, or public holiday in the Republic of Australia, the parties shall be deemed to have intended such act to be performed upon or by the first day thereafter that is not a Saturday, Sunday, or a public holiday.
1.1.3.8 Where an expression has been defined (whether in 1.2 below or elsewhere in this Agreement) and such definition contains a provision conferring rights or imposing obligations on any party, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement.
1.1.3.9 If figures are referred to in numbers and words, the words shall prevail in the event of any conflict between the two.
1.1.3.10 Words and/or expressions defined in this Agreement shall, unless the application of such word and/or expression is specifically limited to that clause, bear the meaning so assigned to it.
1.1.3.11 The contra proferentem rule shall not apply, and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the party responsible for the drafting or preparation of such provision.
1.1.3.12 The eiusdem generis rule shall not apply, and whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned.
1.1.3.13 A reference to any statutory enactment shall be construed as a reference to that enactment as of the signature date and as amending or re-enacted from time to time thereafter.
1.1.3.14 Unless specifically provided to the contrary, all amounts referred to in this Agreement are exclusive of value-added tax.
1.1.3.15 The expiration or termination of this Agreement shall not affect such of its provisions as expressly provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination.
1.1.3.16 Any communication that is required to be “in writing” shall include a communication that is written or produced by any substitute for writing or which is partly written and partly so produced, and shall include printing, typewriting, lithography, facsimile, or electronic mail or any form of electronic communication or other process or partly one and partly another.
1.2 In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, with cognate expressions having corresponding meanings:–
1.2.1 “Agreement” or “ this Agreement” means this Vehicle Rental Agreement concluded between the Rentor and the Rentee.
1.2.2 “Base Rental” means the weekly rental payable for the use and enjoyment of the Vehicle, inclusive of limited Damage and Loss Liability Waivers, and the monthly tracker and immobilizer fee but excluding the monthly rental payments for any Additional Rental Benefits.
1.2.3 “Delivery Date” means the date upon which the Rentee takes delivery of the Vehicle.
1.2.4 “Early Termination” means the termination of the Agreement for those reasons in paragraph 19.
1.2.5 “Early Termination Settlement” means the figure payable as a result of an Early Termination. The Early Termination Settlement in circumstances where the vehicle is damaged beyond repair shall be an amount equal to the difference between the nett present value of the remaining rentals due in terms of this Agreement calculated plus 2% and the vehicle's post-accident value plus 10% of the value of the remaining rentals due in terms of this Agreement as of the date of Early Termination. In all other circumstances giving rise to Early Termination, the Early Termination Settlement should be the amount equal to the nett present value of the remaining rentals due in terms of this Agreement less the trade value of the Vehicle (as determined in Meade and McGrouther) plus 10% of the value of the remaining rentals due in terms of this Agreement as of the date of Early Termination.
1.2.6 “Fair Value” means the value of the Vehicle from time to time determined by reference to the mean average between the trade value and the retail value contained in the most recent vehicles on popular online car sale portals.
1.2.7 “Damage and Loss Liability Waivers” means the amount by which the Rentee's liability in the case of accident damage to or loss of the vehicle through theft or hijacking will be limited subject to the terms and conditions of this Agreement.
1.2.8 "Prime Rate" means the publicly quoted basic annual rate of interest at which Standard Bank lends on overdraft.
1.2.9 “Road Traffic
Legislation” means all the laws of Australia regulating the use of public roads.
1.2.10 "Services" means the services set out in the Agreement and described as "Services" in this Agreement or on the Website.
1.2.11 "Vehicle" means the vehicle described in the Agreement, as further described in paragraph 3.
1.2.12 "Vehicle Rental Agreement" means the binding agreement between the Rentor and Rentee formed when the Rentee accepts the Vehicle from the Rentor. The Agreement consists of the Contract Particulars, the Terms and Conditions, the Schedule, and any other document signed by both parties or issued by the Rentor and incorporated into the Agreement.
2.1 The Agreement sets out the terms and conditions on which Rentor will allow the Rentee to use the Vehicle. The Agreement is binding on the parties. The Agreement will continue to apply each time the Rentee takes a Vehicle from Rentor, even if the Rentee does not sign another copy of the Agreement.
2.2 The Rentee must inspect the Vehicle before taking delivery. The Vehicle is delivered to the Rentee in a good and proper condition and the Rentee acknowledges that the Rentee has inspected the Vehicle and that the Rentee is satisfied that the Vehicle is fit for the purpose for which it is required.
2.3 By taking delivery, the Rentee agrees that the Vehicle is in good and proper condition, that there is no visible damage or defect and that the Vehicle is complete and in a roadworthy condition.
2.4 The Rentor will not be responsible for any loss, damage, or defect which is not apparent on inspection.
2.5 The Rentee acknowledges that there is no warranty or representation by Rentor in respect of the Vehicle. It is the responsibility of the Rentee to satisfy himself/herself as to the condition of the Vehicle and that the Vehicle is suitable for the Rentee's purpose.
3.1 The Rentor rents the Vehicle to the Rentee on the terms and conditions of this Agreement and for the duration specified in the Contract Particulars.
3.2 The Rentee takes delivery of the Vehicle on the Delivery Date, and it is recorded that the Vehicle was delivered to the Rentee in good order and condition and without any visible damage or defects.
3.3 The Rentee acknowledges that the Rentor is not the manufacturer of the Vehicle and is not responsible for any latent or hidden defects in the Vehicle.
3.4 The Rentor will ensure that the Vehicle is registered in its name and the Vehicle will not be used for any illegal purpose or in any manner which may be prejudicial to Rentor's reputation or goodwill.
3.5 The Rentee acknowledges that the Rentor is the owner of the Vehicle and the Rentee has no right of ownership in the Vehicle.
3.6 The Rentee is not allowed to make any changes or additions to the Vehicle, including fitting any additional equipment or accessories to the Vehicle.
3.7 The Rentor will ensure that the Vehicle is in a good condition and complies with the Road Traffic Legislation on the Delivery Date.
3.8 The Rentor will have the right to make any necessary changes, alterations, or additions to the Vehicle to comply with the Road Traffic Legislation. The Rentee will reimburse the Rentor for the cost of any changes, alterations, or additions made to the Vehicle.
3.9 The Rentee agrees that the Vehicle is the property of the Rentor and that the Rentee has no right of ownership in the Vehicle. The Rentee acknowledges that the Rentor has the right to enforce all terms and conditions of this Agreement.
4.1 The Rentor is the owner of the Vehicle and the Rentee is not entitled to assert any right of ownership in the Vehicle.
4.2 The Rentee acknowledges that the Rentee will acquire no right of ownership in the Vehicle on the expiry or termination of this Agreement or as a result of any act of the Rentee, the Rentor, or any other person.
4.3 The Rentee agrees that the Rentee will not sell, pledge, encumber, or dispose of the Vehicle in any manner that may prejudice the rights of the Rentor.
4.4 The Rentee agrees that the Rentor has full title to the Vehicle and that the Rentor may deal with the Vehicle as it sees fit.
4.5 The Rentor will ensure that the Vehicle is kept free from all liens, charges, or encumbrances. The Rentor will ensure that the Rentee will be entitled to peaceful possession of the Vehicle.
5.1 This Agreement will commence on the Delivery Date and continue for the term specified in the Contract Particulars.
5.2 The Rentee is responsible for the Vehicle until the Vehicle is returned to the Rentor in good order and condition.
5.3 The Rentee is not entitled to keep the Vehicle beyond the return date specified in the Contract Particulars.
5.4 The Rentee must return the Vehicle to the Rentor on the return date specified in the Contract Particulars. If the Rentee does not return the Vehicle on the return date, the Rentee will be in breach of this Agreement.
5.5 If the Vehicle is not returned on the return date, the Rentor has the right to recover the Vehicle and all additional costs incurred by the Rentor in recovering the Vehicle, including legal costs on an attorney and own client scale.
5.6 If the Rentee returns the Vehicle later than the return date, the Rentor will charge the Rentee for the additional rental period and other costs incurred by the Rentor as a result of the late return.
5.7 If the Rentee does not return the Vehicle on the return date or within 48 hours of the return date, the Rentor may report the Vehicle as stolen to the relevant authorities.
5.8 If the Rentee does not return the Vehicle on the return date, the Rentee will be responsible for all costs incurred by the Rentor in recovering the Vehicle.
5.9 The Rentor may enter the premises of the Rentee or any other premises where the Rentor believes the Vehicle is situated to recover the Vehicle. The Rentor may recover the Vehicle without the permission of the Rentee and the Rentee waives all rights and claims against the Rentor for any damage caused to the Rentee as a result of the recovery.
5.10 If the Vehicle is recovered after being reported as stolen, the Rentee will be responsible for all costs incurred by the Rentor, including any damage to the Vehicle.
5.11 The Rentee is responsible for returning the Vehicle to the Rentor in good order and condition, fair wear and tear excluded.
5.12 The Rentor may extend this Agreement for any additional periods as agreed between the Rentor and Rentee.
5.13 If the Rentee does not return the Vehicle on the return date or any extended return date, the Rentee will be in breach of this Agreement and the Rentor may charge the Rentee for the additional rental period. The Rentor will also report the Vehicle as stolen to the relevant authorities.
5.14 The Rentee is responsible for all costs incurred by the Rentor in recovering the Vehicle, including legal costs on an attorney and own client scale.
6.1 The Rentee agrees to pay the Rentor the rental fee and any other charges specified in the Agreement.
6.2 The Rentee agrees to pay the rental fee and other charges within the time specified in the Contract Particulars.
6.3 The Rentee is responsible for all additional charges as specified in this Agreement.
6.4 The Rentee agrees that the rent is non-refundable. The Rentee is responsible for the rental fee and all other charges as specified in this Agreement even if the Rentee does not use the Vehicle.
6.5 The Rentee is responsible for all costs, fines, and penalties incurred by the Rentee during the rental period, including but not limited to parking fines, speeding fines, or any other fines or penalties as may be imposed by any authority.
6.6 The Rentor will provide an invoice to the Rentee. The Rentee agrees that the invoice will be conclusive evidence of the amount payable by the Rentee.
6.7 The Rentee is responsible for making payment of the invoice within the time specified on the invoice.
6.8 The Rentor will charge the Rentee a daily rental fee for the rental period. The Rentor may also charge the Rentee a cleaning fee, fuel fee, or any other additional charges as specified in the Agreement.
6.9 The Rentee is responsible for all costs incurred by the Rentor in cleaning the Vehicle, including the cleaning of the interior and exterior of the Vehicle.
6.10 The Rentee is responsible for the cost of repairing any damage caused to the Vehicle during the rental period.
6.11 The Rentee is responsible for the cost of replacing any items which are not returned with the Vehicle or are damaged or lost during the rental period.
6.12 The Rentee will also pay the Rentor for all fuel used during the rental period. The Rentee will return the Vehicle with the same amount of fuel as when the Vehicle was delivered to the Rentee.
6.13 The Rentor will charge the Rentee a refueling fee if the Vehicle is returned with less fuel than when the Vehicle was delivered to the Rentee.
6.14 The Rentee will pay for any tolls, parking fees, and fines incurred during the rental period. The Rentee will also pay the Rentor a fee for administering these payments.
6.15 The Rentee will pay the Rentor a fee for any infringements or breaches of this Agreement.
6.16 The Rentor has the right to deduct all amounts owing to the Rentor by the Rentee from any refundable deposit paid by the Rentee.
6.17 The Rentee is responsible for any taxes or levies imposed by any authority during the rental period, including but not limited to the Goods and Services Tax.
6.18 The Rentor will not be responsible for any currency exchange fees or any other charges incurred by the Rentee.
6.19 The Rentee agrees that the Rentor may process the Rentee's payment information for the purposes of this Agreement.
6.20 If the Rentee fails to make any payment as required by this Agreement, the Rentee will be in breach of this Agreement and the Rentor may take legal action against the Rentee to recover all amounts due.
6.21 The Rentor may charge the Rentee interest on any late payment at the rate of 2% per month or part thereof.
7.1 The Rentee agrees that the Rentee will only use the Vehicle for the purpose described in the Agreement and not for any other purpose.
7.2 The Rentee agrees that the Rentee will not use the Vehicle in any manner which may be prejudicial to Rentor's reputation or goodwill.
7.3 The Rentee is responsible for the Vehicle from the time of delivery until the Vehicle is returned to the Rentor.
7.4 The Rentee is responsible for the Vehicle and its contents until the Vehicle is returned to the Rentor.
7.5 The Rentee is not allowed to sublet, hire, or part with possession of the Vehicle.
7.6 The Rentee is responsible for any infringement of the Road Traffic Legislation or any other laws during the rental period.
7.7 The Rentee agrees that the Vehicle will be returned to the Rentor in good order and condition, except for fair wear and tear.
7.8 The Rentee is responsible for all costs incurred by the Rentor in cleaning the Vehicle, repairing any damage to the Vehicle, or replacing any items that are damaged or lost during the rental period.
7.9 The Rentee agrees that the Vehicle will not be used for any illegal purpose or to carry out any illegal activity during the rental period.
7.10 The Rentee agrees that the Rentee will not use the Vehicle in a manner which may cause a nuisance or annoyance to any person or which may be prejudicial to Rentor's reputation or goodwill.
7.11 The Rentee is responsible for all fines, penalties, and charges imposed by any authority during the rental period, including but not limited to parking fines, speeding fines, or any other fines or penalties.
7.12 The Rentee is responsible for all tolls, parking fees, and fines incurred during the rental period.
7.13 The Rentee agrees that the Rentor may charge the Rentee a fee for administering these payments.
7.14 The Rentee agrees that the Rentor may report any infringements or breaches of this Agreement to any authority.
7.15 The Rentor may, at its sole discretion, cancel or suspend the Rental and recover the Vehicle at any time without any liability to the Rentee if the Rentee breaches any term of this Agreement or for any other reason.
8.1 The Rentee is responsible for the cost of repairing any damage to the Vehicle during the rental period.
8.2 The Rentee is responsible for the cost of replacing any items which are damaged or lost during the rental period.
8.3 The Rentee must immediately inform the Rentor of any damage to the Vehicle and of any accident or incident involving the Vehicle. The Rentee must also inform the Rentor of any infringement of the Road Traffic Legislation or any other laws during the rental period.
8.4 The Rentee agrees that the Rentor may repair the Vehicle and the Rentee will pay the Rentor for the cost of any repairs made to the Vehicle.
8.5 The Rentee will be responsible for the cost of repairing any damage caused by the Rentee's negligence or wilful act.
8.6 The Rentee agrees that the Rentor may carry out any necessary repairs to the Vehicle and the Rentee will pay the Rentor for the cost of such repairs.
9.1 The Rentee must take all reasonable steps to protect the Vehicle from damage or breakdown.
9.2 The Rentee agrees that the Rentee will not carry out any repairs or alterations to the Vehicle or allow any other person to do so unless authorized by the Rentor.
9.3 The Rentee agrees that the Rentor will be responsible for all breakdowns or damage to the Vehicle caused by mechanical failure or wear and tear.
9.4 If the Vehicle is involved in an accident or is damaged, the Rentee must:
9.4.1 Immediately report the accident or damage to the police if required by law;
9.4.2 Obtain the names and addresses of all parties involved in the accident;
9.4.3 Obtain the registration numbers of all vehicles involved in the accident;
9.4.4 Obtain the names and addresses of all witnesses to the accident;
9.4.5 Take photos of the accident scene and the damage to the Vehicle;
9.4.6 Complete a report of the accident and damage to the Vehicle and send a copy to the Rentor within 24 hours;
9.4.7 Cooperate with the Rentor and provide all necessary information and assistance to the Rentor in relation to the accident or damage to the Vehicle.
9.5 The Rentor will be responsible for repairing the Vehicle if the damage is caused by mechanical failure or wear and tear. The Rentee will be responsible for the cost of repairs if the damage is caused by any other reason.
9.6 The Rentee must immediately report any breakdown or damage to the Vehicle to the Rentor.
9.7 The Rentee must not continue to drive the Vehicle if the Vehicle is not roadworthy or if the Vehicle is not in a safe condition.
10.1 The Rentor will arrange insurance for the Vehicle.
10.2 The Rentee agrees to cooperate with the Rentor and to provide all necessary information and assistance to the Rentor and the insurer in relation to any claim.
10.3 The Rentee is responsible for all excesses or deductibles payable under the insurance policy.
10.4 The Rentor will have the right to deduct any amount payable under the insurance policy from the refundable deposit paid by the Rentee.
10.5 The Rentee agrees that the Rentor may cancel the insurance policy at any time if the Rentee breaches any term of this Agreement or for any other reason.
11.1 The Rentee is responsible for the Vehicle and its contents until the Vehicle is returned to the Rentor.
11.2 The Rentee is responsible for any fines, penalties, and charges imposed by any authority during the rental period, including but not limited to parking fines, speeding fines, or any other fines or penalties.
11.3 The Rentee is responsible for all tolls, parking fees, and fines incurred during the rental period.
11.4 The Rentee is responsible for all costs incurred by the Rentor in cleaning the Vehicle, repairing any damage to the Vehicle, or replacing any items which are damaged or lost during the rental period.
11.5 The Rentee is responsible for all breakdowns or damage to the Vehicle caused by mechanical failure or wear and tear.
11.6 The Rentee is responsible for any damage caused to the Vehicle by the Rentee's negligence or wilful act.
11.7 The Rentee agrees that the Rentor may deduct any amount owing to the Rentor by the Rentee from the refundable deposit paid by the Rentee.
11.8 The Rentee is responsible for any excesses or deductibles payable under the insurance policy.
11.9 The Rentor will not be responsible for any loss, damage, or defect which is not apparent on inspection.
12.1 The Rentee agrees to return the Vehicle to the Rentor on the return date specified in the Contract Particulars.
12.2 The Rentee is not allowed to keep the Vehicle beyond the return date.
12.3 The Rentee agrees to return the Vehicle in good order and condition, fair wear and tear excluded.
12.4 The Rentee is responsible for all costs incurred by the Rentor in cleaning the Vehicle, repairing any damage to the Vehicle, or replacing any items which are damaged or lost during the rental period.
12.5 The Rentee must return the Vehicle with the same amount of fuel as when the Vehicle was delivered to the Rentee.
12.6 The Rentee is responsible for the cost of replacing any fuel used during the rental period.
12.7 The Rentee agrees that the Rentor may charge the Rentee a refueling fee if the Vehicle is returned with less fuel than when the Vehicle was delivered to the Rentee.
13.1 The Rentor may, at its sole discretion, cancel or suspend the Rental and recover the Vehicle at any time without any liability to the Rentee if the Rentee breaches any term of this Agreement or for any other reason.
13.2 The Rentee may not cancel this Agreement once the Agreement is signed.
13.3 The Rentor may cancel the Rental at any time if the Rentor believes that the Vehicle is not being used for the purpose described in the Agreement or if the Rentor believes that the Vehicle is being used in a manner which may be prejudicial to Rentor's reputation or goodwill.
13.4 The Rentor may also cancel the Rental if the Rentor believes that the Vehicle is not being used in accordance with the Road Traffic Legislation.
14.1 The Rentor may enter the premises of the Rentee or any other premises where the Rentor believes the Vehicle is situated to recover the Vehicle. The Rentor may recover the Vehicle without the permission of the Rentee and the Rentee waives all rights and claims against the Rentor for any damage caused to the Rentee as a result of the recovery.
15.1 This Agreement will be governed by and construed in accordance with the laws of the Republic of Australia.
15.2 The Rentee agrees that any dispute arising from this Agreement will be submitted to the exclusive jurisdiction of the courts of the Republic of Australia.
15.3 The Rentee agrees that the Rentor may choose to bring any action or proceedings arising from this Agreement in any other court of competent jurisdiction.
16.1 This Agreement is the entire agreement between the parties in respect of the Vehicle and the matters described in this Agreement.
16.2 The Rentee may not cede, assign, or transfer any rights or obligations under this Agreement without the written consent of the Rentor.
16.3 The Rentor may cede, assign, or transfer any rights or obligations under this Agreement.
16.4 The Rentee acknowledges that there is no warranty or representation by the Rentor in respect of the Vehicle.
16.5 The Rentee acknowledges that the Rentor is not the manufacturer of the Vehicle and is not responsible for any latent or hidden defects in the Vehicle.
16.6 The Rentee acknowledges that the Rentor is the owner of the Vehicle and that the Rentee has no right of ownership in the Vehicle.
16.7 The Rentor may change the terms and conditions of this Agreement at any time and will provide the Rentee with 30 days' notice of any changes.
16.8 The Rentor may not vary or change any terms or conditions of this Agreement without the written consent of the Rentee.
16.9 The Rentor may communicate with the Rentee by any means, including email, phone, or post.
16.10 The Rentee may not use the logo or branding of the Rentor for any purpose without the written consent of the Rentor.
16.11 The Rentor may use the information provided by the Rentee for any purpose.
16.12 The Rentor may assign the benefits and delegate the obligations of this Agreement.
16.13 The Rentee acknowledges that the Rentor is not the manufacturer of the Vehicle.
16.14 The Rentee acknowledges that the Rentee is not relying on any representations or warranties by the Rentor.
16.15 The Rentee acknowledges that the Rentee is not relying on any descriptions or illustrations of the Vehicle.
16.16 The Rentee acknowledges that the Rentee is responsible for satisfying himself/herself as to the condition of the Vehicle.
16.17 This Agreement will not be changed or discharged orally.
16.18 The Rentee is not allowed to make any changes or additions to the Vehicle, including fitting any additional equipment or accessories to the Vehicle.
16.19 The Rentee will reimburse the Rentor for the cost of any changes, alterations, or additions made to the Vehicle.
16.20 If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such term or provision shall not affect the enforceability of any other term or provision of this Agreement or the enforceability of such term or provision in any other jurisdiction.
16.21 This Agreement may be signed by the parties in one or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Rentor and Rentee have executed this Vehicle Rental Agreement as of the Delivery Date.
