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Terms and conditions

1. RENTAL AGREEMENT

This Rental Agreement (‘Rental Agreement’) between YesDrive and You is made on the date shown on the Rental Form You have signed in respect of the Vehicle (‘Rental Form’), and is made up of that Rental Form and these Terms and Conditions. In these Terms and Conditions:

‘Accessory’ means any equipment set out in the Rental Form, including any GPS device or any child restraint, booster or similar equipment;

‘Authorised Driver’ means each and every driver who is listed on the Rental Form who must be at least 21 years of age;

‘Collection Costs’ means YesDrive’s reasonable costs of collecting unpaid Rental Charges or unpaid traffic infringements/fines from You (including YesDrive’s legal costs) including administration fees and its debt collection agent’s fee equal to 10% of the unpaid Rental Charges;

‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the Rental Form;

‘Excess Reduction’ means the product called ‘Excess Reduction’ that You may purchase before the rental commences to reduce any excess amount payable;

‘FuelService Fee’ means the amount payable by You (calculated on per litre basis) to refuel the Vehicle up to the amount of fuel it had at the time of hire, based on the rates as advised to You at the time of hire;

‘Late Return Charge’ You must return the vehicle at the agreed time on the contract unless authorised by Yesdrive Car Rentals. If you later than 59 minutes, YesDrive will charge a full day rate.

‘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;

‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens;

‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Form or payable under this Rental Agreement and includes in traffic infringements, fines, tolls or other penalties which are payable by You;

‘Rental Period’ means the period commencing on the date shown on the Rental Form and ending on the date that You return the Vehicle to YesDrive;

‘Roadside Assistance Cover’ means, subject to clause 5.4, the provision of the following services for the payment of the Roadside Assistance Cover fee specified in the Rental Form: refuelling up to 6 litres where You run out of fuel, changing flat tyres, provision of spare keys where You lose the keys to the Vehicle, unlocking the Vehicle when You lock the keys in the Vehicle, and provision of a replacement battery or ‘jump start’ where You have a flat battery if You leave 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 $200 (incl GST), or such other amount as reasonably determined by YesDrive having regard to the roadside assistance callout event.

‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while using the Vehicle as a substitute for the vehicle insured under that policy;

‘Underbody Damage’ means damage to the Vehicle during the Rental Period 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;

‘Vehicle’ means the vehicle described on the Rental Form (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by YesDrive;

‘YesDrive’ means Emma Australia Pty Ltd ABN 61 159 428 743 trading as YesDrive;

‘YesDrive Insurance Policy’ means a policy of liability insurance held by YesDrive for Your and an 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 You or an Authorised Driver;

‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made;

‘Your Account’ means Your debit card, credit card or YesDrive charge account to which Your Rental Charges are to be debited.

2. DRIVER
  • You agree and acknowledge that only You or an Authorised Driver will drive the Vehicle and You and any Authorised Driver hold a current licence (not being a learner’s 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.
  • You are responsible for the acts and omissions of an Authorised Driver or any other person You allow to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of our insurance coverage Excess Reduction option (if accepted or included in Your rate) if You allow 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.
3. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
  • You and any Authorised Driver must only use the Vehicle on a road which is properly formed and constructed as a sealed road.
  • You and any Authorised Driver must not use the vehicle off road (e.g. on a fire trail, beach, track, grassed area or to cross streams or any other body of water) unless you have authorisation from YesDrive in writing.
  • • You and any Authorised Driver can travel to any of the below islands by the permission of Yesdrive :
    • to any island (including, but not limited to Bruny Island, King Island, Mariah Island, Flinders Island):
    • out of Tasmania;
    • in the snow or above the snow line; and
    • on beaches or through streams, dams, rivers or flood waters.
  • TERMS AND CONDITIONS OF YOUR RENTAL VEHICLE TRAVELLING TO BRUNY ISLAND
    • During the period of your hiring, this terms and conditions will give you the consent for travelling in Bruny Island, however, 
    • At the time of your rental in Bruny Island, if any breakdown or collision takes place, our response period is up to 24 hours, depending on the ferry timetable and assistance availability (i.e.: mechanics, RACT and/or replacement vehicle etc.)
    • YesDrive Car Rental will not be liable for expenses due to a breakdown, theft or an accident. These expenses include flights, accommodation, ferry and/or any other related additional expenses incurred by the individual renting the vehicle.
    • If our response time is overnight (24hrs), your booking will automatically extend for the time period, that is your booking drop off time of the vehicle will be extended, until the rented vehicle is returned to our property
4. USE OF THE VEHICLE
  • You and any Authorised Driver must:
    • not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
    • not, without YesDrive’s prior written consent, use, or allow the Vehicle to be used, to push anything;
    • not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
    • not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit;
    • not, without YesDrive’s prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
    • not use the Vehicle when it is damaged or unsafe;
    • 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 You have obtained YesDrive’s approval to do so;
    • not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;
    • not use the Vehicle for the towing of any load; and
    • not use the Vehicle in contravention of any law.
  • You must pay the Roadside Assistance Fees (unless you have purchased Roadside Assistance Cover), and for any professional cleaning or odour extraction required because You or another person has been smoking within the Vehicle and for all parking, speeding and traffic infringements and tolls in respect of the Vehicle during the Rental Period.
5. MAINTENANCE, SECURITY AND SAFETY
  • You and any Authorised Driver must:
    • maintain all the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that YesDrive has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;
    • fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications;
    • keep the Vehicle locked when it is unattended and the keys under Your or the Authorised Driver’s personal control at all times; and
    • comply with all applicable seat belt and child restraint laws.
  • YesDrive will provide 24-hour roadside assistance for all inherent mechanical faults (as reasonably determined by YesDrive or its authorised repairer) at no additional cost provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of this Agreement.
  • For each roadside assistance callout (for refuelling, a ‘jump start’, a tyre related incident, lost keys, keys locked in vehicle, or a flat battery due to lights or other electrical equipment being left on), You will be charged the Roadside Assistance Fee, unless you have purchased Roadside Assistance Cover.
  • Roadside Assistance Cover does not apply if the Vehicle has been used in breach of clauses 3or 4or in respect of any additional amount(s) payable under clause 5.
  • You must not have repairs to the Vehicle carried out unless YesDrive authorises You to do so. YesDrive requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt to assist YesDrive. YesDrive will reimburse You for any repairs to the Vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that YesDrive cannot verify the cost of repairs, YesDrive will not reimburse You.
6. FUEL
  • You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
  • Failing to return with a full tank of fuel will incur you $10 fuel service fee, in addition to the fuel cost.
  • Level to level Fuel policy only applies if it is mentioned in your signed contract. This means you are expected to return with a tank similar to the time of your pickup.
7. RETURN OF VEHICLE
  • You must return the Vehicle to YesDrive:
    • to the place, on the date and by the time shown on the Rental Form unless you have informed YesDrive of a change prior to the return date and YesDrive has agreed to the change; and
    • in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
  • If You tell YesDrive that You wish to return the Vehicle to a location other than that stated on the Rental Form, YesDrive will advise You of the amount of the ‘one-way fee’ that You will incur (unless clause 5.1applies). If You do not tell YesDrive in advance, you must pay a ‘one-way fee’ of up to $4 per kilometre (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under clause 7.4.
  • You must return the Vehicle to a YesDrive location during normal operating hours.
  • if:
    • You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Form; or
    • You do not comply with any special conditions set out in the ‘Rates’ section on the Rental Form,

then the rates shown on the Rental Form 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 on the Rental Form) plus the Late Return Charge.

  • YesDrive may request the immediate return of the Vehicle, or YesDrive may recover the Vehicle without notice, if:
    • the credit limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘one-way fee’ becomes payable by You;
    • the Rental Period expires without satisfactory arrangements having been made by You with YesDrive; or
    • YesDrive reasonably suspects that:
      • the Vehicle may be used for an unlawful purpose;
      • damage to the Vehicle, or injury to persons or property, is likely to occur; or
      • the Vehicle will be involved in an industrial dispute.
    • If You do not return the Vehicle on the date and by the time shown on the Rental Form (or any extended date or time agreed with YesDrive) then:
      • after written notice to You and if the location of the Vehicle is unknown, YesDrive may report the Vehicle as stolen to the Police; and

You must pay YesDrive all Rental Charges (including additional Rental Charges) and compensate YesDrive in accordance with clause 8for any loss YesDrive suffers (including all reasonably additional costs YesDrive incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by YesDrive.

8. DAMAGE AND LOSS OF PROPERTY
  • Subject to this clause 8, You are liable:
    • for the loss of, and all damage to, the Vehicle during the Rental Period; and
    • for all damage to the property of any person which is caused or contributed to by You or any person You allow to drive the Vehicle.
  • Subject to clauses 8.5 and 8.6, YesDrive waives Your liability under clause 8.1 for damage to, or loss of, the Vehicle and will ensure that You and any Authorised Driver are entitled to be indemnified under the YesDrive Insurance Policy, if:
    • You pay the Excess Amount for each separate event involving:
      • damage (including hail damage) to, or loss of, the Vehicle; or
      • damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver.
    • 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, YesDrive waives Your liability under clause 1and will ensure that You are entitled to be indemnified under the YesDrive Insurance Policy, and We will refund You any Excess Amount You paid YesDrive, provided that, acting reasonably, YesDrive agrees that You or an Authorised Driver were not at fault and:
      • You and any Authorised Driver hold a current drivers licence;
      • You have provided YesDrive with any details of the incident that YesDrive reasonably requests including:
        • the name, residential address, contact phone and licence number of any person involved including any witnesses;
        • the registration numbers of all vehicles involved;
        • an accurate description of the incident and location;
        • the names of any attending police officers; and
        • You have supplied or YesDrive has established the name of the insurer of any third party You believe was at fault and YesDrive reasonably believes that the insurer will pay YesDrive for the loss or damage.
      • If clause 3applies, YesDrive may debit Your Account with the Excess Amount of $4000 at the time of loss of, or damage to, the Vehicle, however when YesDrive reasonably believes that the insurer of a third party will pay YesDrive for the loss or damage, YesDrive will, within a reasonable period of time, refund You the Excess Amount You paid.
      • Even if You pay the Excess Reduction and Excess, You must always pay to YesDrive the full amount of the following costs and fees:
        • the cost of repairing any:
          • Overhead Damage or Underbody Damage;
          • water damage to the Vehicle caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs if You drive the Vehicle through floods, creeks or rivers);
          • damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 1, 5.1or 5.5;
          • damage to a windscreen or window (including cracks or chips), tyres or an Accessory not attributable to normal wear and tear; and
          • damage to the Vehicle or to the property of any third party caused deliberately or recklessly by You, any other driver of the Vehicle or any passenger carried during the Rental Period;
          • the cost of replacing, if lost or stolen, an Accessory;
          • the cost of any professional cleaning or odour extraction reasonably incurred by YesDrive because You or another person has been smoking in the Vehicle during the Rental Period;
          • a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or smoke extraction; and
          • if you have breached the Rental Agreement, a per day loss of revenue fee 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 Your breach of the Rental Agreement has caused the downtime of the Vehicle.
          • Forthe purposes of this clause 6, ‘Recovery Costs’ means, in relation to the loss, of, or damage to, the Vehicle;
            • any appraisal fees actually and reasonably incurred;
            • any towing, storage and recovery costs actually and reasonably incurred; and
            • a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
          • If clause 1, 8.2, or 8.5applies, You must pay to YesDrive, or YesDrive may debit Your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending YesDrive’s assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to Your right to a refund under clause 8.7. For the purposes of calculating any refund under clause 8.7, YesDrive will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
          • If clause 5applies, and if the total of the Recovery Costs and the costs and fees that You must pay under clause 8.5is greater than the Excess Amount (with the difference being the ‘Gap Amount’), You must pay to YesDrive, or YesDrive may debit Your Account with, the Gap Amount.
        • Where You are required to pay YesDrive under this clause 8, the amount You must pay for any loss, damage, repair, cost or fee:
          • may be reasonably determined by YesDrive; and
          • 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.

If the amount determined by YesDrive and paid by You under this clause 8.7exceeds the final cost of the loss, damage or repair, YesDrive will refund the difference to You within a reasonable period of time.

9. CLAIMS AND PROCEEDINGS
  • Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim (‘Incident’), or where damage or loss is sustained to the Vehicle or the property of any third party, You must ensure that You or any Authorised Driver:
    • promptly reports the Incident to the local police (if required by law) and to YesDrive;
    • not, without YesDrive’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, except to the extent that You are required to provide a statement to the Police;
    • permits YesDrive or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name in relation to the Incident;
    • permits or ensures that YesDrive may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, YesDrive in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to YesDrive; and
    • completes and furnishes to YesDrive within a reasonable time any statement, information or assistance which YesDrive or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
  • If you do not comply with this Clause, and YesDrive is unable to investigate the Incident, YesDrive will, if it is reasonable to do so, debit all Rental Charges to Your Account pending receipt of Your report about the Incident.
10. PAYMENT
  • At the end of the Rental Period, You must pay YesDrive:
    • all Rental Charges;
    • any amount paid or payable by YesDrive or You to any person arising out of Your use of the Vehicle or imposed on You or YesDrive by any government or other competent authority;
    • the replacement cost (as reasonably determined by YesDrive) for a lost or stolen Accessory; and
    • any amount which You reasonably owe to YesDrive under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
  • The minimum charge You must pay for the rental of the Vehicle is an amount equivalent toone day’s rental at the ‘daily rate’ shown on the Rental Form (subject to clause 4).
  • Distance charges are measured from the Vehicle’s odometer.
  • You authorise YesDrive to charge all amounts payable to YesDrive under the Rental Agreement to Your Account including a rental bond of $200 which will be held as security for your booking.
  • If You pay Your Rental Charges by debit card, You acknowledge that it may take up to 7–10 business days for Your financial institution to release any amount which has been authorised by that institution at the request of YesDrive (including any rental bond) which is in excess of Your Rental Charges.
  • YesDrive will pay, within 14 days, any refund due to You by such method as YesDrive may reasonably choose.
  • If You fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the amount, You must also pay YesDrive:
    • interest at 10% per annum (compounded daily) on the amount from the expiry of 14 days from the date on which You were required to pay the amount to the date of payment; and
    • on and as demanded, YesDrive’s Collection Costs including interest on YesDrive’s Collection Costs calculated in accordance with clause 7.1from the date of demand.
11. CANCELLATION & TERMINATION POLICY
  • When you book directly from Yesdrive Car Rentals without prepaying, we allow free cancellation until the time of your booking. We advise you to let us know any cancellations as soon as possible.
  • If you prepay from our direct website and wish to cancel it before 48 hours of your pickup time you are eligible for a full refund.
  • However, if you cancel it less than 48 hours of your pick up time you will loose either 3 days rental if you book more than 3 days or if its less than 3 days you loose your full rental.
  • Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
  • Subject to clauses 2to 7.6(inclusive) and 10.2, You may terminate the Rental Agreement at any time by returning the Vehicle to YesDrive.
12. PROPERTY IN VEHICLE
  • Unless YesDrive or a YesDrive employee acting in the course of their employment is negligent, or fraudulent, YesDrive is not liable to any person for any loss of, or damage to any property left in the Vehicle after its return to YesDrive or stolen from the Vehicle or otherwise lost during the rental.
13. PERSONAL PROPERTY SECURITIES LAW
  • 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.
  • You acknowledge that:
    • by renting the Vehicle from YesDrive, You may be granting a security interest in the Vehicle (and any proceeds) to YesDrive, and that this Rental Agreement may constitute a security agreement;
    • any security interest arising under this Rental Agreement attaches to the Vehicle when You obtain possession of the Vehicle and not at any other time; and
    • YesDrive may perfect its security interest by lodging a financing statement on the PPSA register.
  • YesDrive does not need to give You 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.
  • You must do anything reasonably required by YesDrive to enable YesDrive to register its security interest, with the priority it requires, and to maintain the registration.
14. CONSUMER RIGHTS STATEMENT

All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer (‘Your Consumer Rights’) under applicable consumer protection legislation, including the Australian Consumer Law.
Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.