Rental Agreement Summary
1. For insurances purposes, you must meet the Minimum Drivers Age of 21 years old. Driver`s between the ages of 21 to 24 years old, will increase from $700 to $1500 of the insurance excess.
2. If there is any Damage (however caused), Theft of the vehicle or Third-Party Loss the renter MUST pay the Accidental Damage Excess (ADE) of $700.
3. Cover for damage or third-party loss is excluded in some cases if the vehicle is driven as a Prohibited Use (Outlined in Terms & Conditions).
4. Explora may take possession of the Vehicle without prior demand to You and at your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned.
5. It is responsibility of the Renter communicate Explora when the service is 2000kms to be due. In case the Renter pass more than 500 kms from the Service Due the Service and any other damage caused in the car in consequence of the miscommunication from the Renter about the Service due, Explora will charge the repairs expenses to the Renter.
6. If the vehicle is returned prior to the Return Time on the Rental Agreement, a refund will not be provided, if returned without two weeks’ notice.
7. The Renter will not sublease the Rental Vehicle or use it as a vehicle for hire.
8. The Renter will not take the vehicle outside of Tasmania.
9. The Renter will not allow any other person to operate the Rented Vehicle unless identified as a second driver.
10. Explora includes 2000kms monthly on the rental price, after the kms are exceeded, a $0.5 per km will be deducted from the bond.
11. The vehicle is expected to be returned in a clean condition. If the car returns in dirty conditions with sands, food, makeup stain or any other rubbish inside of the vehicle we will charge a $80 cleaning fee.
12. The Renter agrees to return the Vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING windscreen or tyre damage) together with-it tools, tyres, accessories, Explora`s sticker and equipment on the return date.
13. Smoking is strictly prohibited. The smell of smoke or any other difficult to treat odour will incur a fee of $300.
14. Parking, speeding, traffic, and any other infringements are your responsibility. You will be nominated and charged a $40 processing fee for each infringement from the Renter’s bond.
15. If Explora suspects any unlawful activity, we have permission to retrieve the vehicle from the Renter at any time without a refund.
16. If the vehicle is not returned by the agreed return time and Renter have not contacted us, Explora has authority to retrieve the vehicle.
17. The Final Charges and your Bond Release will be processed in 3 business days after the return of the vehicle.
18. The payments must be done on time WEEKLY. In case of late payments, a late fee of $10 per day, will be charged from the Renter’s bond.
19. The Renter authorizes Explora to charge any of those items detailed above from the Renter’s bond.
20. The 'Rental Contract' comprises this rental document for the Renter of the vehicle (Rental Agreement) and the terms and conditions of the rental (Rental Terms).
NOTE: If there is to be any extension of the period of hire, Explora must be notified and it must agree to such extension in writing, otherwise the Vehicle will be immediately reported to police as stolen.
In case of a breakdown, please call or write to +61 400 591 150.
Rental Terms & Conditions
This Car Rental contract is entered into between Explora and the Renter (“You”) (collectively the “Parties”) and outlines the respective rights and obligations of the Parties relating to the rental of a car. By confirming this booking, you are accepting the rental conditions explained below. All prices mentioned below include GST and are given in Australian Dollars.
1. Vehicle Condition and Return
You acknowledge the Vehicle is delivered to You in good operating condition. You agree to return the Vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING windscreen or tyre damage) together with it is tools, tyres, accessories and equipment on the date and place specified on Page 1 (or sooner if demanded by Explora). Explora may take possession of the Vehicle without prior demand to You and at your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned.
NOTE: If there is to be any extension of the period of hire beyond that stated on the agreement, Explora must be notified and it must agree to such extension in writing, otherwise the Vehicle will be immediately reported to police as stolen.
2. Persons who must not drive the Vehicle
1. A person who is not identified on the agreement as either the Hirer, Joint Hirer or Authorised Driver;
2. A person who is not licensed to drive the hired class of Vehicle;
3. A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle;
4. A person who is driving the Vehicle whilst under the influence of a drug;
5. A person has given or for whom You have given a false name, age, address or driver's license detail;
6. A person whose driver's license has been cancelled, endorsed or suspended within the last three years;
7. A person who has held a driver's license for any class of Vehicle for less than two years;
8. A person who uses or intends to use the Vehicle for an illegal purpose.
3. Circumstances where the Vehicle must not be Used
1. Any area outside Tasmania.
2. At any unsealed roads or off-road conditions, the insurance won’t cover any damage to the vehicle;
3. The carriage of any persons for the hire or the carriage of any inflammable, explosive or corrosive materials;
4. Pushing or towing any Vehicle, trailer, boat or other object unless Explora has authorised such use in writing;
5. The carriage of any greater loads and/or persons and/or for the purpose for which the Vehicle was designed and constructed;
6. The carriage of any animal in the Vehicle;
7. The use of the Vehicle for racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
8. The use of the vehicle in a careless, reckless or dangerous manner;
9. Vehicles are not to be driven above the snowline or have or permit to have snow chains fitted.
10. The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
4. Obligations of the Hirer/Joint Hirer/Authorised Driver
NOTE: The Hirer/Joint Hirer and Authorised Driver are jointly and severally liable for compliance with the terms and conditions of this Agreement.
By entering into this Agreement, the Hirer is responsible for and irrevocably authorise Explora to debit from the bond provided (and You will pay Explora on demand any balance) with the following charges:
1. The rental charges as specified on the Rental Agreement Summary;
2. All the charges claimed by Explora in respect of parking and/or any traffic violations incurred during the period of hire or until such later time as the Vehicle is returned to Explora;
3. All loss or damages to the Vehicle (including the loss or use of that Vehicle), legal expenses, assessment fees, towing and recovery, consequential third-party damage, storage and company service charges where:
Any term or condition of this Agreement has been breached;
i. The Vehicle is involved in a single Vehicle incident unless Explora waives such loss to the Single Vehicle Incident Liability amount shown on the Rental Agreement Summary (which amount will apply in addition to the Standard Liability noted on the Rental Agreement Summary. A Single Vehicle Incident is defined as any incident resulting in the loss of or damage to the vehicle not caused as a result of impact with another vehicle which can be fully identified and the details of which have been provided by you or on your behalf to Explora;
ii. You have left the Vehicle unlocked or left the keys in the Vehicle;
iii. You have failed to keep the key secure and under your personal control;
iv. The underbody of the Vehicle is damaged regardless of cause except where there is a collision with another Vehicle;
v. The Vehicle is totally or partially immersed in water regardless of the cause;
vi. The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another Vehicle;
vii. The tyres of the Vehicle are damaged other than by normal wear and tear;
viii. The Vehicle or any third-party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle;
ix. You have failed to maintain all the fluid and fuel levels of the Vehicle or failed to immediately rectify or report to Explora any defect in the Vehicle of which you have become or ought to have become aware;
x. The Vehicle is damaged by loading or unloading, normal wear and tear excepted;
xi. You have failed to secure properly any load or equipment which leads to loss or damage caused by any part of the load or equipment;
xii. You use the Vehicle as an articulated Vehicle;
xiii. The exterior of the motor Vehicle is damaged regardless of the cause except where there has been a collision with another Vehicle;
xiv. You have passed the service due in the vehicle, registered in a sticker on the windscreen of the vehicle, and failed to immediately rectify or report to Explora;
If you have paid for the Vehicle by use of a credit card or directed Explora to bill charges to some other person, corporation, firm or organisation who fails to make payment when called upon by Explora, You hereby irrevocably accept that You are liable and will immediately pay the full amount due to Explora on demand. Explora, in addition, may charge You interest at the rate of 18% per annum calculated on a daily basis on all outstanding accounts or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period.
5. Damage Cover
Provided You and/or the Authorised Driver act within the terms and conditions of this Agreement, Explora will grant damage cover (which includes your legal costs incurred with our written consent) to You and/or the Authorised Driver in respect of damage to the Vehicle and/or damage to any third- party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control. This cover is also subject to:
1. a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on Rental Agreement Summary (WITHIN 7 DAYS OF INCIDENT);
2. b) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement:
3. c) You and/or the Authorised Driver not being covered under any policy of insurance and You providing such information and assistance as may be requested by Explora or anyone acting on behalf of Explora.
If cover is provided then Explora, or its insurer, may bring, defend, or settle any legal proceedings in its/their sole discretion and Explora shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
6. General Provisions
If there is any incident involving loss or damage to the Vehicle or involving the Vehicle while rented under this Agreement, You and/or the Authorised Driver shall promptly report such incident to Explora at the location where the Vehicle was hired as well as delivering to Explora immediately upon receipt by You and/or the Authorised Driver, every summons compliant or paper in relation to such incident involving such loss or damage. You and/or the Authorised Driver must also report all incidents to the police or other proper authority (WITHIN 24 HOURS OF INCIDENT):
a) You and/or the Authorised Driver irrevocably release and hold harmless Explora (and its agents and employees) from all claims for loss or damage to your personal property, or that of any other person's property left in the Vehicle, or which is received, handled or stored by Explora at any time before, during or after the rental period, whether due to Explora’s negligence or otherwise.
b) You and/or the Authorised Driver acknowledge that Explora relies on the truth of your/the authorised Driver's representations in this Agreement;
c) You and/or the Authorised Driver will not refuse or fail to take any blood analysis or breath test requested by the police.
d) Except as provided by law, no driver or passengers in the Vehicle shall be or deemed to be the agent, servant or employee of Explora in any manner for any purpose whatsoever;
e) Explora gives no express warranty in relation to the motor Vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where Explora is permitted to limit its liability under those statutes for breach of an implied condition or warranty Explora limits its liability to replacement, repair or re-supply of the Vehicle. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. Explora is not liable to You and/or the Authorised Driver for any indirect, special, incidental or consequential damages relating to this Agreement.
f) No right of Explora under this Agreement can be waived except by writing of an authorised officer of Explora;
g) Words used in this Agreement to denote any gender shall include all genders, singular words including the plural, and noted on the Rental Agreement Summary;
h) You and/or the Authorised Driver acknowledges that your interest in the Vehicle is as a bailee of Explora only and that You agree not to part with possession, dispose of, encumber or assign any right or interest in the Vehicle and not create any lieu on the Vehicle for repairs;
i) You and/or the Authorised Driver agree to indemnify Explora from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by Explora as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement;
j) You acknowledge that Explora has not in any way represented itself to You as an entity carrying on the business of insurance;
k) You and/or the Authorised Driver must not at any time admit liability for any claims, loss or demand and agree that if such admission is made by You and/or the Authorised driver then that is a breach of this Agreement.
7. Jurisdiction and venue
In the event of any dispute over this agreement, this Car Rental Agreement will be interpreted by the laws of Tasmania, Australia, and any lawsuit or arbitration must be brought in the corresponding region of Tasmania, Australia. If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.
8. Entire agreement
This Car Rental Agreement constitutes the entire agreement between the Parties with respect to this rental arrangement. No modification to this agreement can be made unless in writing signed by both Parties. Any notice required to be given to the other party will be made to the contact information below.
Full information and more details about the rental condition can be found at Explora Rental Terms & Conditions. The renter agrees to notify Explora of any fails, accidents, or damage during the first 24 hrs.
