Terms and Conditions

Please find a link to our current Terms and Conditions below:

GENERAL CAR HIRE TERMS & CONDITIONS

Accidents
Any accident must be reported to our office within 24 hours of the accident and a full written report must be submitted to Evolve Rentals and/or Andy’s AutoRentals within seven (7) days. That written report should be accompanied by a police report, if applicable.

In the event of an accident involving another vehicle; if the information required by clause 12 of the Terms and Conditions is not supplied to Evolve Rentals and/or Andy’s AutoRentals, Damage Cover is excluded.

Additional authorised drivers (Authorised Driver)
All additional drivers must be approved by us and must present a current driver’s licence at the time of hire. If you require an additional driver (additional charges will apply.
Warning – All drivers of the hire vehicle must be noted on the contract, otherwise Damage Cover is excluded.

Age
The minimum age is 21 years. Drivers between the ages 21 to 24 years are restricted to certain types of vehicles they can hire and a surcharge of $10 per day will apply to all drivers under the age of 25 years.

Airport Collections
Our Rental Depots are all located outside the airport perimeter and a shuttle bus is provided for collection and return direct to and from the airport terminal and the Rental Depot.

Area of use
All vehicles must be used within a 250 kilometre radius of a Rental Depot unless we have given you our prior permission to take it outside the radius limit and that extension is noted on the rental agreement at the commencement of the hire.

Bonds

All of our vehicles require a bond to be held.
The amount depends on a number of factors, including, but not limited to, the age of the driver and the liability reduction option selected.
The bond will be held as a pre-authorisation on your nominated credit or debit card. Upon return of the vehicle, and once we are satisfied with the condition of the vehicle, our system will automatically void the transaction after 10 days.
If there are outstanding charges such as tolls, funds may be deducted from the bond. Once the funds have been released, it may take up to a further 5 business days for the pre-authorisation to be lifted by your bank.

Please note that this bond will show as a PENDING transaction in your account for the duration of your hire. Once this transaction has been voided and processed by your bank, the PENDING transaction will disappear completely.

Breakdowns
In the event of a breakdown which is deemed driver error (e.g. keys locked in vehicle, run out of fuel, flat tyres, leaving lights on to flatten battery etc) the hirer will be liable for all breakdown costs unless the roadside assistance package is added to your rental agreement prior to your collection.

Cancellation Fees

The following fees apply:
- cancelled 8 – 24 days or more of collection — 20% of Gross Total ($200 minimum)
- cancelled 3 – 7 days of collection — 50% of Gross Total ($200 minimum)
- cancelled 48 hours or less — 100% of Gross Total
If a deposit is requested and paid due to the nature of the vehicle being booked, this deposit is automatically non-refundable regardless of the notice given.

Cleaning fees

All Vehicles are given to customers in a clean and acceptable condition and we ask that they be returned the same way. Charges will be incurred if a vehicle is dirty when it is returned.
If smoking is detected by our staff a cleaning fee of $100 will apply, except for 12 seat vehicles or larger where the fee is $300.
Alcohol is not to be consumed within any rental vehicle and must be in a sealed container if it is being carried in the vehicle. if there is evidence of alcohol consumption within the rental vehicle a cleaning fee of $100 will apply, except for 12 seat vehicles or larger where the fee is $300.

Collecting or returning the Vehicle when no Evolve Rentals or Andy’s AutoRentals staff are available

If you are collecting a Vehicle and no staff member is present, the hirer is responsible for ensuring that they take photographs of:

the front and rear of the Vehicle;
each side of the Vehicle (showing the wheels);
the interior of the Vehicle; and
the fuel gauge and odometer.

If you are returning a Vehicle and no staff member is present, the hirer is responsible for ensuring that they take photographs of the same areas as required at Vehicle collection.

Excess Liability Reduction options

Damage Cover applies to all vehicles and you have the benefit of this coverage (subject to payment of the Damage Excess and subject to the Terms and Conditions of Rental).

You may reduce your excess liability by purchasing one of Excess Liability Reduction packages. Please contact reservations on 1300 711 299 for Evolve Rentals or 1300 132 708 for Andy’s AutoRentals for these options.

Fuel

We ask all customers to return fuel to the original starting level at commencement of hire. If the vehicle is not returned to depot with the same level, this will be refuelled on your behalf and a service fee of $55 will apply. Fuel usage options are available, please ask Customer Sales Assistant at the time of rental.
The hirer is totally responsible for any repairs needed to any hire vehicle caused by the hirer placing the incorrect fuel type in the vehicle.

Late returns
Late returns will incur a fee which is calculated as a percentage of the rental for each hour up to five (5) hours at which point a full day will be charged. The Damage Cover fee will be paid upfront in full within the first hour’s charged and cannot be prorated.

Licences
Drivers must be a minimum age of 21 years and hold a current Australian, overseas or international driver’s licence (all licences must be in English).

Load Restraints

State and territory law and the Heavy Vehicle National Law require that all loads be secured so they cannot fall, shift or become unstable during normal driving conditions, including braking and cornering and propers restraints methods must be used . Penalties apply for non-compliance, including fines and demerit points.
By signing this contract you are acknowledging that you understand it is your responsibility to ensure that you comply with these laws and secure your load accordingly.

Payment
Is to be made in full at the time of collection, we accept Visa, MasterCard, AMEX, Diners cards and cash payments. (Please note that a surcharge applies for the use of AMEX & Diners Cards)

Pets and animals

Pets and animals are not permitted in any Evolve Rentals and/or Andy’s AutoRentals vehicle unless they are accredited or trained assistance animals.
If a vehicle requires cleaning a minimum charge of $100.00 will be incurred to cover the collection of the vehicle, cleaning and wet vac or polishing of marks etc to be done plus staff time incurred to do those jobs.

Refunds

No refunds are given for early returns or late collections and any changes to your plans must be notified to Evolve Rentals and/or Andy’s AutoRentals.
Late collection of the vehicle does not alter the return time and the vehicle is to be returned at the time and on the date originally booked .

Rental Duration

A rental day is 24 hours from the commencement of rental. A late fee will be charged if the vehicle is returned more than one (1) hour late.
Trucks & Commercial Vehicles are the exception and you need to contact the office in relation to these.

Roadside Assistance

Free 24-hour assistance is included with all rentals for mechanical fault (but not for Accidents) and Evolve Rentals and/or Andy’s AutoRentals will pay all costs associated with the breakdown (excluding accommodation and transport costs for the hirer).
If roadside assistance is needed, please contact our office directly so this can be arranged.

Single Vehicle Incidents
Where the vehicle is involved in a single-vehicle incident a single vehicle accident excess will be payable and you will not be provided with a replacement vehicle and will not have the balance of the hire funds refunded. You will also be responsible for making your own travel and accommodation arrangements.

Smoking
All vehicles are “Smoke Free”.

Tolls

You must pay all tolls when using a toll road in Queensland, New South Wales and Victoria. All Evolve Rentals and Andy’s AutoRentals vehicles are registered with Linkt (Tollaust Pty Limited ACN 050 538 693) and number plate recognition is used to capture toll road use.
As toll fees are received, they will be charged to your nominated credit card, together with an administrative fee of $4.95 per toll and an invoice will be emailed once charged. Please be aware that toll fees will not be debited from your credit immediately but will be debited once we have received details of tolls incurred from the toll road operator. Please ensure funds are available on this card to avoid any additional fees.
Information about tolls can be obtained from the state transport authorities as follows:
- New South Wales: myetoll.transport.nsw.gov.au
- Victoria: transport.vic.gov.au/road-and-active-transport/road-rules-and-safety/toll-roads-fees-and-fines
- Queensland: www.qld.gov.au/transport/safety/tolls

Traffic Infringements
Traffic Infringements and fines (including speeding and parking fines) are the responsibility of the hirer. An administration fee of $100.00 will be charged for each violation in addition to the infringement or fine.

Towing

Prior to towing written authorisation must be received from Evolve Rentals and/or Andy’s AutoRentals
When towing a trailer not rented from Evolve Rentals and/or Andy’s AutoRentals, any damage caused by the trailer or to the trailer or to any the load carried is the sole responsibility of the hirer. This includes damage to the Vehicle and any third-party property.
If a trailer is provided by Evolve Rentals and/or Andy’s AutoRentals, the contents of the trailer and any damage caused to the contents is the responsibility of the hirer.
Evolve Rentals and/or Andy’s AutoRentals encourages all hirers to take their own insurance to cover their personal property and load carried (and any trailer towed by the Vehicle if not rented from Evolve Rentals and/or Andy’s AutoRentals).
If you do need to tow, please contact our office for details and costings.

Commercial Vehicles

Commercial Vehicles are defined as any truck, bus, mini-bus, van, ute, 12 seater passenger vehicle
All hirers of commercial vehicles must have the appropriate level of licence according to the class of vehicle hired.
Commercial vehicles must not be overloaded. Please ask our staff for the Gross Vehicle Mass (GVM) limit before booking the vehicle .
It is the hirers responsibility to know if a logbook is required when hiring the larger trucks. To ensure obligations are met hirers should seek information from the National Heavy Vehicle Regulator (13 64 87). Fines will be passed directly to the hirer(s) if the law is not strictly followed.
There is no guarantee that the commercial vehicle you are hiring is completely water tight. We do not cover or take responsibility for water damages caused to your personal belongings therefore it is your responsibility to ensure that the correct precautions are taken during storms and rain.
In the event of any commercial vehicle being involved in an accident and where the commercial vehicle has hit a parked car or any stationary object, the liability will move to the single vehicle liability applicable to that particular vehicle category.

4WD’s

If the Vehicle is a 4WD it may be driven on Unsealed Roads, but only if:
- the Unsealed Road is properly maintained and the conditions of the road surface will not cause Damage to the 4WD; and
- your speed does not exceed 80 kph or the posted speed limit (whichever is the lesser).
4WD’s are prohibited from travelling Off Road or on beaches.
4WD’s are not to be used for towing unless the “towing fee” has been paid and that is shown on the face of the contract. Failure to comply with the above will result in all Damage Cover being excluded and the hirer liable for all costs.

RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS

This is an Agreement between the prospective hirer identified on Page 1. (You) and the Company identified on page 1. (Company) to rent the motor vehicle described on Page 1. including all accessories, tools, tyres, and equipment and any replacement vehicle (Vehicle).

1 . Introduction
1. 1. Rental Contract

The contract (Rental Contract) You are entering into with Evolve Rentals and/or Andy’s AutoRentals / Go Aussie Car Rentals / Nu Car Rentals (Us) consists of the agreement You have signed to hire the Vehicle from Us (Rental Agreement) and the terms and conditions of rental (Terms and Conditions). If We refer to the Rental Contract then this is a reference to both the Rental Agreement and the Terms and Conditions.
The date of the Rental Contract is the date shown in the Rental Agreement.
Please make sure You understand the Rental Contract as You will be legally bound by it once You sign as Your signature is Your acceptance of the legal obligations, so please ask any questions prior to signing.

1.2 Relevant law
The Rental Contract is governed by the laws of the Commonwealth of Australia and the state or territory in which the Rental Agreement is signed and You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 The Australian Consumer Law
You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies:

Part 2-3 of The Australian Consumer Law relating to unfair contract terms; or
any implied terms, guarantees or rights You may have under The Australian Consumer Law or any other Federal, State or Territory legislation.

2. Authorised Drivers
2.1 Authorised Drivers

Only You or an Authorised Driver, who each meet all of the requirements of this clause , can drive the Vehicle.
Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under this clause 2 of these Terms and Conditions.

2.2. Age limits

You and any Authorised Driver must be at least 21 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.
If You are 21 years of age up to 24 years of age You can hire and drive the Vehicle but there will be additional Damage Cover costs and you will need supply a Security Deposit: please contact one of depots for more information.

2.3. Licence requirements

You and any Authorised Driver must have a current valid licence to drive the Vehicle.
Your licence must be:
- issued in an Australian state or territory or an international licence written in English, or if not in English is accompanied by either:
  - a valid International Driving Permit; or
  - an accurate translation of Your licence into English, issued by the National Accreditation Authority for Translators and Interpreters (NAATI) that includes a full explanation written in English of any condition to which Your licence is subject and the category of vehicle for which Your licence was issued;
- valid for the state or territory in which the Vehicle is driven if the licence was issued in a different state or territory or an overseas country;
- appropriate for the class of the Vehicle; and
- not subject to any restriction or condition.
Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

2.4 Cancelled and suspended licences

The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:
is cancelled or suspended, including as a result of an accumulation of demerit points; or
has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.

2.5. Prior insurance history
The Vehicle must not be driven by You or an Authorised Driver if either You or the Authorised Driver has been refused motor vehicle insurance or had a policy of motor insurance cancelled or declined by an insurer at any time prior to entering into the Rental Contract.

3. Prohibited use
3.1. Prohibited driving

The Vehicle must not be driven by You or any Authorised Driver:

whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
recklessly or dangerously; or
whilst there is Damage to the Vehicle that makes it unroadworthy or unsafe.

3.2. Prohibited conduct
You and any Authorised Driver must not:

fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
use the Vehicle:
- for any illegal purpose;
- to move or carry dangerous, hazardous, biohazardous, infectious, or inflammable, goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
- to propel or tow another vehicle, trailer or boat;
- to carry any water skies, surfboards, bicycles, or canoes either inside or on the roof of the Vehicle;
- to carry or transport illegal drugs or substances;
- in connection with the motor trade for experiments, tests, trials or demonstration purposes;
- in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
- in an unsafe or unroadworthy condition; or
use a mobile phone in the Vehicle whilst it is moving or stationary (unless it is parked):
- to make or receive a phone call;
- to send a text message, video message, or email;
- to perform any audio function; or
- as a navigational device,
unless the body of the phone is securely mounted in the Vehicle and its operation does not involve entering information, text, numbers or symbols, except if that operation can be performed using voice controls only or scrolling on the device.

3.3 Prohibited actions

You and any Authorised Driver must not:
- damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
- modify the Vehicle in any way or make any alteration or addition to it and no decals, branding or logos may be applied or removed from the Vehicle;
- sell, rent, lease or dispose of the Vehicle; or
- register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
You and any Authorised Driver must not use the Vehicle to carry:
- passengers for hire, fare or reward or for rideshare;
- more than the number of passengers for which the Vehicle is licenced; or
- any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

4. Prohibited roads and areas
4.1. Prohibited roads

The Vehicle must never be driven:

on an Unsealed Road;
Off Road; or
above the Snow Line or on any road where snow has fallen or is likely to fall.

4.2. Prohibited areas

The Vehicle must never be driven or used:

on roads that are prone to flooding or are flooded;
on beaches or through sand dunes;
in streams, rivers, creeks, salt lakes, dams and through any area exposed to saltwater;
onto any island that is off mainland Australia;
on any road:
- where the police or an authority has issued a current warning;
- that is closed; or
- where it would be unsafe to drive the Vehicle;
outside a radius of 250 kilometres from the Rental Depot where You collected the Vehicle at the Start of the Rental and it may only be driven or used outside that radius limit if We have given Our prior approval and the proposed area of use is noted on the Rental Agreement.

4.3. Prohibited areas without prior approval
The Vehicle must never be driven, used or taken interstate unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.

5. 4WD – Hire conditions.
5.1. Permitted roads

Notwithstanding clause 4.1(a) the Vehicle may be driven on an Unsealed Road subject to these conditions:
- the Unsealed Road must be maintained and in a condition that You reasonably believe will not cause Damage to the Vehicle;
- Your use of the Vehicle on an Unsealed Road is for the sole purpose of accessing recognised or gazetted landmarks, national parks, recognised tourist attractions, accommodation or official camping areas; and
- You do not drive the Vehicle at a speed greater than 60 kilometres per hour or the posted speed limit, whichever is the lower;
In all other respects clauses 4.1(b), 4.1(c) and 4.2 continue to apply and for the avoidance of doubt, all 4WD vehicles are prohibited from being used or driven Off Road, including on beaches.

5.2. Vehicle cleanliness
In addition to your obligation to look after and care for the Vehicle during Your rental, the following additional conditions apply:

You must not use any live flame inside the Vehicle or under an annexe or awning or light any campfire in close proximity to the Vehicle;
when returning the Vehicle at the End of Your Rental You must ensure it has been cleaned inside and out, and it must be deodorised from any odours including from smoking and campfire smoke; and
if any cleaning is required to remove excessive soiling, dirt, sand, animal hair or mud from the interior or exterior of the Vehicle or deodorising is required to remove the smell of tobacco or camp fire smoke You will incur an additional cleaning fee or cleaning administration fee.

6. Hirer and Driver Obligations
6.1. No false and misleading information

You and any Authorised Driver must take all reasonable steps to ensure that the information supplied to Us at the Start of the Rental is accurate, complete and up-to-date and is not false or misleading.
In entering into the Rental Contract with You We have relied upon the information You and any Authorised Driver have provided to Us and:
- the wilful supply of false or misleading information, including false name, age, address, occupation or driver’s licence details; or
- acting in collusion with any other person to supply such false or misleading information, is a Major Breach of the Rental Contract.

6.2. Start of the Rental

At the Start of the Rental and before collecting the Vehicle You must:
- present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be made and kept by Us;
- present Your passport if You are not an Australian citizen;
- pay the Rental Charges for short term rentals and pay the first week’s Rental Charges in advance for longer term rentals;
- pay the Security Deposit; and
- fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us within one (1) hour of leaving the Rental Depot.
To avoid any disputes regarding pre-existing Damage We recommend that at pick-up You photograph (at a minimum) the front, rear, sides and interior of the Vehicle and if taken, those photos must be made available to Us if there is a dispute about pre-existing Damage.
If a bonds need to be paid this must be done so at time of collection.
Only the named person on the Rental Agreement is authorised to drive the Vehicle and We may allow additional drivers at an additional cost.

6.3. During Your rental
During the Rental Period:

You must:
- inspect the Vehicle regularly, and no less than weekly, for oil, water and fuel leaks and Damage and also check the tyre pressures; and
- adhere to any mileage instructions displayed in the Vehicle or set by the Rental Depot.
You must not:
- use the Vehicle for transporting any pets or animals, with the exception of accredited or trained assistance animals, unless specifically approved by Us;
- smoke in the Vehicle (including the use of vapes or e-cigarettes) and You must take reasonable steps to prevent passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or
- use the Vehicle to move infectious, biohazardous or biomedical waste.
Additional cleaning, disinfection and deodorising charges of up to $110 will apply.

6.4. Maintenance and inspection for longer term rentals

If you are hiring the Vehicle for more than a continuous period of 30 days or more, on day 30 You must return the Vehicle to Us to inspect and check for any servicing issues and damages.
We will pay for the service, parts, tyres and any other issues with the Vehicle providing that these issues were not caused by You or any Authorised Driver.
If You fail to have the Vehicle serviced You will be liable for any Damage caused to the Vehicle.

6.5. Seat belts and child restraints

You must comply with all mandatory:
- seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and
- child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly installed, fitted, adjusted and fastened.
We are not authorised to install child restraints so We are unable to assist You with their installation or answer any questions You may have regarding their installation or adjustment.

6.6. Vehicle to be locked and keys kept in Your possession

You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys, keyless start or remote door control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition or in the Vehicle when it is unattended.
In the event of a theft of the Vehicle, You must be able to produce the keys, keyless start or remote door control device to Us unless You can provide a reasonable explanation for being unable to do so.

6.7. Reasonable care

You and any Authorised Driver must take reasonable care of the Vehicle by:

preventing it from being damaged or stolen;
making sure it is protected from inclement weather or floods;
using any security device fitted to, or supplied with, the Vehicle;
properly securing any goods, property or equipment carried in the Vehicle;
maintaining the engine and brake oils and coolant level and tyre pressures;
using the correct fuel type; and
making sure it is not overloaded by the number of persons or by the weight of goods carried.

6.8. Notification of Vehicle fault

You must inform Us immediately if:
- the Vehicle breaks down;
- any warning lights or messages becoming illuminated or displayed in the Vehicle;
- You see or become aware of low engine or brake oils, or engine coolant levels; or
- the Vehicle develops any fault during the Rental Period.
If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.

7. Rental Period, financial obligations, costs and charges
7.1. Your rental

The Rental Agreement shows:

the Rental Period for which You have hired the Vehicle; and
the Rental Charges.

7.2. Returning the Vehicle

At the End of the Rental You must return the Vehicle on the date and by the time shown in the Rental Agreement.
If You require the Vehicle for longer than the Rental Period, You must notify Us at least 24 hours prior to the expiration of the Rental Period. If You fail to do so, We may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.

7.3. Cancellation of hire

The following fees apply:
- cancelled 8 – 24 days or more of collection — 20% of Gross Total ($200 minimum)
- cancelled 3 – 7 days of collection — 50% of Gross Total ($200 minimum)
- cancelled 48 hours or less — 100% of Gross Total
If a deposit is requested and paid due to the nature of the vehicle being booked, this deposit is automatically non-refundable regardless of the notice given.

7.4. Joint hirers

Joint hirers and all drivers are jointly and severally responsible under the Rental Contract.

7.5. Authority to debit Your credit card

By signing the Rental Agreement, You authorise Us to debit Your credit card within a reasonable time after the End of the Rental for any amount that is due to Us or remains unpaid, including:

the Rental Charges;
the Damage Excess and Single Vehicle Accident Excess;
tolls;
speeding and traffic fines and infringements;
fines or charges imposed for parking;
administrative charges for unpaid tolls, fines or infringements;
extra cleaning and deodorising costs;
refuelling costs;
the interior of the Vehicle is damaged regardless of cause when no other vehicle is involved;
the tyres of the Vehicle are damaged other than normal wear;
You have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to Us any defect of which You become aware;
Damage to the Vehicle has been caused by loading or unloading, other than normal wear;
Your failure to secure properly any loader equipment which leads to loss caused by any part of the load or equipment; and
any amount due to Us as a result of a Major Breach.

7.6. Default in payment

By entering into the Rental Contract You have agreed to pay all of the amounts owed to Us under the Rental Contract.
Acting reasonably, We may decline all future hires if there is any default in payment of amounts due under the Rental Contract that exceeds a period of 14 days.
If You default in the payment of any moneys owed to Us under the Rental Contract:
- You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting seven (7) days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
- We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
- You authorise Us to provide information of that default to a credit reporting body and to obtain an up-to-date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

7.7. Payment failure

If You have paid by use of a credit card or directed Us to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due, You will immediately pay the full amount due to Us on demand.

7.8. Fuel

The Vehicle must be returned with the amount of fuel equal to that at the Start of the Rental.
If the Vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on Page 1.

7.9. One way rentals

Notwithstanding clause 13.1(a), return of the Vehicle to a different Rental Depot is permitted, subject to availability but You must have Our written permission prior to the Start of the Rental which will be noted on the Rental Agreement.
Extra charges apply to one-way rentals and a quotation will be supplied upon request.

7.10. Fines and infringements

You and any Authorised Driver must pay:
- fines or charges imposed for parking;
- infringements and fines imposed for speeding and other driving offences; and
- fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
An administrative fee applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.
If We have paid any amount for which You are liable under this clause 7.9, You will be charged that amount plus an administrative fee.

7.11. Tolls

You must pay all tolls when using toll roads in any Australian state or territory.
All Evolve Rentals and Andy’s AutoRentals vehicles are registered with Linkt (Tollaust Pty Limited ACN 050 538 693) and number plate recognition is used to capture toll road use.
Toll fees and an administrative fee of $4.95 per toll will be charged to your nominated credit card when we receive an invoice from the toll road operator. We will email an invoice to You once charged.
Further information about toll roads and charges is available at:
- New South Wales: myetoll.transport.nsw.gov.au
- Victoria: transport.vic.gov.au/road-and-active-transport/road-rules-and-safety/toll-roads-fees-and-fines
- Queensland: www.qld.gov.au/transport/safety/tolls

7.12. GST

Unless otherwise indicated, all fees and charges are inclusive of GST.
If GST is stated as not inclusive, You are liable for any GST payable.

8. Damage Cover
8.1. Damage Excess

Subject to the Damage Cover exclusions in clause 9, standard Damage Cover is included in the Rental Charges.
Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim.

8.2. Excess Liability Reduction Packages
If You are aged 25 years or older and subject to the Damage Cover exclusions in clause 9, You may purchase at extra cost a Damage Excess Liability Reduction Package that reduces Your Damage Excess liability to the amount shown in the Rental Agreement.

8.3. Single Vehicle Accident Excess
If You have purchased one of Our Excess Liability Reduction Packages at extra cost and the Vehicle is Damaged in a Single Vehicle Accident, a Single Vehicle Accident Excess is payable in substitution for the Damage Excess.
Damage Cover is excluded for Single Vehicle Accidents if You have a standard Bronze Package or the Vehicle is a Commercial Vehicle. (See clauses 9.2 and 9.3(a)(ii) for further information)

8.4. When is the Damage Excess payable?

Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess, or Single Vehicle Accident Excess when it applies, will be charged to Your credit card as follows:
- for Single Vehicle Accidents:
  - if the Vehicle has substantial Damage and We reasonably believe the cost of repairs or replacement cost will exceed the Single Vehicle Accident Excess amount, the full Single Vehicle Accident Excess; or
  - if the Damage is not substantial, the amount We have reasonably estimated to be the cost of repair, but not more than, the Single Vehicle Accident Excess;
- if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered, the full Damage Excess; and
- for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability but not more than the full Damage Excess.
Supporting documents and particulars of a claim for Damage and Third Party Loss will be forwarded to You as soon as practicable.

8.5. Younger age additional Damage Excess
If You or any Authorised Driver is aged 21 to 24 years, an additional Damage Excess as shown on the Rental Agreement applies to Your rental.

8.5. Special conditions for buses

12 Seat – The driver will be responsible for up to $5,000.00 for any reversing damage however caused.
25 seat – The driver will be responsible for up to $7500.00 for any reversing damage however caused.

8.7. Loss of Use

Unless You have purchased Our Platinum Excess Liability Reduction Package, the Damage Excess payable for Damage and Third Party Loss does not include Loss of Use.
Claims arising from a serious Accident may therefore result in an amount payable that exceeds the Damage Excess.

8.8. Exemption from paying the Damage Excess

You will not have to pay the Damage Excess shown in the Rental Agreement for a claim for Damage or Third Party Loss if all of the following apply:
the Accident was not a Single Vehicle Accident;
You have fully completed an Incident Report Form with:
- the name, residential address, contact phone, email address and licence number of any person involved (Third Party);
- the registration number of all vehicles involved;
- an accurate written and diagrammatic description of the Accident and location; and
- the names and addresses of all attending police officers and the stations at which they are based;
You have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
We believe You were not at fault for an Accident involving a Third Party;
You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and the insurer will agree to pay Us for the Damage; and
You are an Australian citizen and You hold an Australian driver’s licence.

8.9. Refund of Damage Excess paid

We will refund any amount You have paid for the Damage Excess as soon as practicable:
- in full, if We recover the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss;
- in part, if the repair cost to the Vehicle is less than the amount You have paid;
- in part, if a claim for Third Party Loss is rejected or defended for an amount less than the Damage Excess; or
- on a pro rata basis if We recover only a proportion of any amount We have claimed against a Third Party for Damage.
In making a refund We may take into account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party Loss.

8.10. Claims Administration fee

All Accident, attempted theft and theft claims will incur a claims administration fee of $110 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

9. Damage Cover Exclusions
9.1. General exclusions

Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:

Damage and Third Party Loss arising from:
- a Major Breach of the Rental Contract;
- any deliberate, intentional, malicious or criminal act by You, an Authorised Driver or any person who is acting with Your express or implied consent; or
- the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 75 years of age;
Loss of Use unless You have purchased a Platinum Excess Liability Reduction Package;
towing and recovery fees unless You have purchased a Platinum Excess Liability Reduction Package;
Overhead Damage;
Underbody Damage;
Damage caused by:
- immersion of the Vehicle in water, including salt water; or
- use of the incorrect fuel type;
towing and salvage costs
damage to the Vehicle’s interior unless You have purchased an Excess Liability Reduction Package;
hail and storm damage unless You have purchased a Gold or Platinum Excess Liability Reduction Package;
windscreen damage and damage to the Vehicle’s tyres, rims and hub caps, other than by normal wear and tear, unless You have purchased a Platinum Excess Liability Reduction Package;
the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote door control devices tool kits, spare tyres and first aid kits;
Damage caused by use of the incorrect fuel type or contaminated fuel;
Damage or Third Party Loss caused or contributed to by You where You leave the scene of the Accident prior to the attendance of the police or reporting the Accident to the police; or
any loss, damage or deterioration of any goods or property carried in or on the Vehicle and You agree to fully indemnify Us for any loss, damage or deterioration of those goods or property unless it arises as a result of Our negligence.

9.2. Single Vehicle Accidents

If You have a standard Bronze Package there is no Damage Cover for Damage to the Vehicle or for any Third Party Loss caused in a Single Vehicle Accident.
If You have purchased one of Our Excess Liability Packages at extra cost, Damage Cover is included but You must pay the Single Vehicle Accident Excess (see clause 8.2(a) for further details).

9.3. Damage Cover exclusions for Commercial Vehicles

In addition to the Damage Cover Exclusions in clause 9.1, Commercial Vehicles have no Damage Cover for:

losses or Damage caused in Single Vehicle Accidents; and
reversing Damage, being Damage to the Vehicle or Third Party Loss caused whilst the Vehicle is driven in reverse,

however caused.

9.4. Lack of co-operation exclusion
Your entitlement to Damage Cover will be reduced to the extent We are prejudiced as a result of any delay or failure by You or any Authorised Driver to comply with Your obligations under clause 12 of these Terms and Conditions.

9.5. Exclusion for personal items
There is also no Damage Cover for personal property in the custody of or owned by:

You;
Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
any relative, friend or associate of an Authorised Driver; or
Your employees,

that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Depot.

10. Breakdowns
10.1. Roadside assistance

We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur.
Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us on (07) 3806 3493 to arrange assistance. If the fault cannot be repaired on site We will recover and repair the Vehicle as soon as possible but if it cannot be repaired, We will use Our best endeavours to provide a replacement Vehicle where one is available.

10.2. Assistance not covered

We are not responsible for:
- a flat battery;
- wheel changing for a flat tyre;
- lost keys, keyless start or remote door control device; or
- keys, keyless start or remote door control device locked in the Vehicle.

Extra charges will apply if any of these services are provided at Your request and replacement charges for lost keys, keyless start or remote door control devices range from $550 to $1,100.

Roadside assistance does not apply if:
- the incorrect fuel type or contaminated fuel is used; or
- the breakdown is caused by a Major Breach,
- and You are liable for all additional costs incurred or Damage caused.

10.3. Consequential and other loss

Subject to the Australian Consumer Law, We are not responsible for:

flights You have missed;
holiday plans that are disrupted;
loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
loss of enjoyment; or
consequential or economic loss.

11. Accidents
11.1 Staying with the Vehicle after an Accident

You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator unless:

You or a passenger have been injured and require medical attention; or
You are directed to do so by the police or emergency services.

11.2 Accident reporting
If the Vehicle is involved in an Accident or if it is stolen You must contact Us on (07) 3806 3493 to report the Accident or theft as soon as practicable (see clause 12 for Your reporting obligations).

11.3. Repair without authority prohibited

If there is Damage the Vehicle You must not:

make any repairs to the Vehicle;
let anyone else repair or work on the Vehicle; or
tow or salvage the Vehicle,

without Our prior written authority.

11.4. Repair with authority

Where We have given You Our prior authority to repair the Vehicle as the result of a breakdown or Vehicle fault, You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us.
There is no entitlement to reimbursement if the breakdown or fault was caused by an Accident or is the result of a Major Breach of the Rental Contract.

11.5. Replacement Vehicle following a major Accident

Acting reasonably, We reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been substantial Damage to it and a replacement vehicle is always subject to availability.

12. Accident and theft reporting
12.1. Reporting an Accident or theft to Us

If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must:
- contact Us on (07) 3806 3493 to report the Accident or theft as soon as practicable, but in no case more than 24 hours of it occurring; and
- subsequently fully complete an Incident Report Form.
The Incident Report Form should include as much information as is reasonably practical, including:
- the information listed in clause 12.3 regarding the contact details for the other driver and witnesses and an accurate written and diagrammatic description of the Accident and its location; and
- the circumstances under which the Accident or theft occurred.
The Incident Report Form must be submitted to Us:
- within seven (7) days of the Accident or theft, or upon the return of the Vehicle if it is returned to Us within that seven (7) day period; or
- if the Vehicle is stolen, immediately the theft of the Vehicle is reported to the police.

12.2 Reporting an Accident or theft to the police

If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
any person is injured;

the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
the other party appears to be under the influence of drugs or alcohol,

You or the Authorised Driver must also report the theft or Accident to the police as soon as:

the theft is discovered; or
it is practical to do so after an Accident.

12.3. Steps You must take following an Accident

If You or an Authorised Driver have an Accident You and the Authorised Driver must:

make the Vehicle secure;
exchange names and addresses, phone numbers and email addresses with the other driver;
obtain the name of the other driver’s insurance company;
take a photo of the other driver’s licence;
take the registration numbers of all vehicles involved;
take as many photos as is reasonable showing:
- the position of the Vehicles before they are moved for towing or salvage;
- the Damage to the Vehicle;
- the damage to any third party vehicle or property; and
- the general area where the Accident occurred, including any road or traffic signs; and
obtain the names, addresses, phone numbers and email addresses of all witnesses.

12.4. Subsequent assistance

Subsequent to the Accident or theft You and any Authorised Driver must:

forward all third party correspondence or court documents to Us within seven (7) days of receipt;
co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or Our investigator may reasonably request within seven (7) days of receipt of such a request; and
co-operate with Us in the prosecution of any legal proceedings that We may institute or the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
- Our lawyer’s office; and
- any Court hearing.

12.5. What You must not do

You and any Authorised Driver must not:

make any admission of fault;
make any offer or promise to pay or settle any claim for Third Party Loss; or
agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft of attempted theft.

12.6. Consequences of lack of co-operation
Your entitlement to Damage Cover will be reduced, including to nil, according to the extent We are prejudiced as a direct result of any delay in complying with:

the reporting obligations in clauses 12.1 and 12.2; and
the obligations in clause 12.4 to forward third party correspondence and court documents to Us within seven (7) days and to co-operate with Us in the investigation of any Accident or theft claim and the prosecution or defence of any legal proceedings.

13. End of the Rental
13.1 Return of the Vehicle

You must return the Vehicle:
- to the Rental Depot;
- on the date and by the time shown in the Rental Agreement;
- in a reasonable state of cleanliness;
- in the same mechanical condition, it was in at the Start of the Rental, fair wear and tear excepted; and
- with the same level of fuel as at pick-up.
If You return the Vehicle:
- with less than a full tank of fuel a refuelling charge of $55 plus the cost of the fuel, will apply;
- earlier than the date shown in the Rental Agreement there is no entitlement to a refund;
- more than one hour after the time set for its return in the Rental Agreement We will charge You 20% of the daily rate each hour plus the full insurance up to 5 hrs at which time one full day’s hire fee will be charged.
- at any time outside Our normal business hours, You must pay for the daily Rental Charges and all Damage until the Rental Depot next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.

13.2 No after-hours returns

No after hour returns are permitted at metropolitan depots under any circumstances and only after hours returns are permitted at airport depots if you have pre-arranged it and paid the after-hours fee and are aware of the different return procedures.
If the Vehicle is returned out of hours (which We do not recommend) at a non-airport location:
- the Vehicle is not deemed to be returned until the Depot is opened and the Vehicle checked in by one of our staff; and
- You will be liable for all Damages to the Vehicle however caused until the Vehicle has been checked in by one of Our staff members.

13.3. End of the Rental payments

At the End of the Rental, You must pay:

the balance of the Rental Charges, including any charges for excess kilometres (if any);
the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
any costs We incur, including:
- refuelling costs; and
- extra cleaning and deodorising costs;
for all Damage and Third Party Loss arising from a Major Breach of the Rental Contract; and
for all Damage and Third Party Loss for which Damage Cover is excluded pursuant to clause 9.1 or reduced pursuant to clause 9.2.

13.4. Personal items left in the Vehicle

If personal items are left in the Vehicle at the End of the Rental, they will be kept safely for a period of 14 days during which time they may be reclaimed, but if not reclaimed they will be dealt with according to state or territory legislation or donated to a suitable charity.

13.5. Post rental inspection procedure

We will take reasonable steps to conduct a post rental inspection in Your presence; and
If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within one (1) Business Day and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.

13.6. Failure to return the Vehicle on time or to the Rental Depot

If You fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement:
- We may terminate the Rental Contract;
- if the location of the Vehicle is known, We may recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, We will report the Vehicle to the police as having being stolen; and
- You must pay any towing or recovery fees incurred in the Vehicle’s recovery.
If the Vehicle is left at any other place than the Rental Depot from which it was hired:
- the termination of the Rental Contract will take effect only after the Vehicle has been collected by Us and an inspection for Damage has occurred; and
- You are responsible for Damage to the Vehicle up until this time of the collection and inspection.

14. Major Breach
14.1 What is a Major Breach?

You and any Authorised Driver commit a Major Breach of the Rental Contract if:

there is a breach of any of the following:
- clause 2 (who may drive the Vehicle);
- clause 3 (prohibited use);
- clause 4 (prohibited areas of use);
- clause 6.6 (Vehicle to be locked and keys kept in Your possession);
- clause 6.7 (reasonable care);
- clause 6.4 (maintenance for longer term rentals);
- clause 6.8 (notification of Vehicle fault); or
- clause 11.2 (repair without authority);

that causes Damage, theft of the Vehicle or Third Party Loss;

there is a breach of:
- clause 6.1 (false and misleading information);
- clause 12.1 (Accident and theft reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
- clause 17.2(c) (tampering with, or removal of, the GPS Device);
the Vehicle is stolen by You or an Authorised Driver or by any person acting for You, at Your direction or on Your behalf; or
You or an Authorised Driver have acted dishonestly or fraudulently.

14.2 No Damage Cover
If You or any Authorised Driver:

commit a Major Breach of the Rental Contract; or
drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,

You and any Authorised Driver have no Damage Cover and are liable for:

Damage, theft of the Vehicle and Loss of Use;
Third Party Loss; and
all additional costs or expenses We incur in recovering the Vehicle and any storage costs.

15. Termination of the Rental Contract
15.1 Termination and repossession

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:

there has been a Major Breach;
there has been a breach of clause 14.2(b);
the Vehicle has been illegally parked for longer than 24 hours; or
the Vehicle is apparently abandoned.

15.2 Our rights on termination

If the Rental Contract is terminated:

it will not affect Our right to receive any money We are owed under the Rental Contract;
You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing damage; and
You must pay any towing or recovery fees incurred in the Vehicle’s repossession.

15.3 Termination of the Rental Contract through bankruptcy or insolvency

We may terminate the Rental Contract if:

You become bankrupt, insolvent, convene a meeting with Your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of Your creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any of Your assets.

15.4. Immobilisation of the Vehicle
Acting reasonably We may remotely immobilise the Vehicle when the Vehicle’s ignition is next turned off, if:

We receive alerts indicating:
- excessive speed or driving of the Vehicle in a manner that may cause injury or harm to a member of the public or Damage to the Vehicle;
- the Vehicle has travelled beyond a designated geographical fence; or
- the Vehicle has been driven or taken into a prohibited area of use (clause 4); or
You have failed to pay the Rental Charges for a period of 14 days.

16. Personal Property Securities Act 2009 (Cth)(PPSA)
16.1. Interest is as bailee only
You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.

16.2. Security Interest
You acknowledge that:

the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Vehicle;
We have a Security Interest in the Vehicle and the Vehicle will at all times remain subject to that Security Interest; and
We may register the Security Interest on the Personal Property Securities Register.

16.3. Finance Arrangements
You acknowledge that we may have entered into a Finance Arrangement in respect of the Vehicle. You agree that despite any provision to the contrary in this document:

the terms of a Finance Arrangement in respect of the Vehicle prevail over the terms of this document;
an event of default (however described) by us under a Finance Arrangement will entitle the Financier to terminate this Rental Agreement even if there is no event of default by you under this Rental Agreement; and
the Security Interest of a Financier in respect of the Vehicle takes precedence over any other Security Interest.

17. Privacy
17.1. Personal Information

Our Privacy Policy forms part of the Rental Contract.
By entering into the Rental Contract with Us You represent to Us that You have read and understood the Privacy Policy.
You consent to Us collecting, using and disclosing Your Personal Information in accordance with Our Privacy Policy.
When We collect Your Personal Information, We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us, We may not be able to provide those rental services to You.
We take reasonable steps to make sure Your Personal Information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

17.2 GPS Device

We may use GPS tracking or other electronic tools (GPS Device) to enable the geographical location of the vehicle or truck to be tracked or located.
Information from the GPS Device may be used during and after the Rental Period. When You sign the Rental Agreement, You expressly consent to Us:
- using the Tracking Device on the Vehicle during the Rental Period; and
- collecting, using and retaining information from the GPS Device for the purposes referred to in clause 17.2(a) and in accordance with Our Privacy Policy.
You must not tamper with the GPS Device or remove it from the Vehicle.

18. Definitions

When You read these Terms and Conditions You will see that there are a number of terms that occur regularly throughout this document. These words or phrases have a specific meaning each time they appear and You should familiarise Yourself with them.

Accident means an unintended and unforeseen incident, including:

a collision between the Vehicle and another vehicle or object;
a Single Vehicle Accident; or
a weather event, including hail Damage,
that results in Damage or Third-Party Loss.

Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded and signed on the Rental Agreement prior to the Start of the Rental.
Business Day means a day which is not a Saturday, Sunday, public holiday or bank holiday in the city or town where the Rental Depot is located.
Damage means:

any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear; and
assessing, investigation, appraisal and assessment fees,

and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Vehicle has been stolen.
End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.
Excess Liability Reduction Package means a Damage Excess liability reduction option You can purchase at extra cost that reduces the Damage Excess payable in the event of an Accident or theft and includes other benefits according to the option purchased. The options available are:

Silver Package;
Gold Package; and
Platinum Package.

Financier means a financier who has entered into a Finance Arrangement with us in respect of the Vehicle hired under this Rental Agreement.
Finance Arrangement means any finance arrangement between us and a Financier under which we have or are acquiring the Vehicle (whether by way of an equipment loan, finance lease or otherwise) leased under this Agreement.
GPS Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities.
Incident Report Form means the document You must complete and submit to Us if there is Damage to the Vehicle or it has been stolen.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen and is additional to Your Damage Excess liability in the event of an Accident or theft and is additional to your Damage liability if there has been a Major Beach.
Major Breach means a breach of any of the clauses listed in clause 14.1 that causes Damage, theft of the Vehicle or Third Party Loss.
Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means damage at or above the level of the top of the front windscreen of the Vehicle or Third Party Loss, caused by:

contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
objects being placed on the roof of the Vehicle; or
You or any person standing or sitting on the roof of the Vehicle.

PPSA means the Personal Property Securities Act 2009 (Cth) and any regulations made pursuant to it.
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Depot means the location from which the Vehicle was hired.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Security Interest has the same meaning as in the PPSA.
Single Vehicle Accident means a collision between the Vehicle and another object when no other moving vehicle is involved and includes impacts with animals, trees and plants, roadside infrastructure, buildings, rollovers and impacts with any stationary object including other parked vehicles, but excludes hail Damage.
Single Vehicle Accident Excess means the amount, including GST, You must pay in the event there is a Single Vehicle Accident that causes Damage to the Vehicle and is payable in substitution for the Damage Excess and levied at a higher cost to reflect that such Accidents predominantly occur through driver error.
Start of the Rental means the date and time that the hire commences as shown in the Rental Agreement.
The Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit.
We, Us, Our, means Evolve Rentals Pty Ltd ABN 11 691 698 629 and HESA 17 Pty Ltd trading as Andy’s AutoRentals ABN 99 680 642 406
You, Your means the person, whether it is an individual, a firm or company that rents the Vehicle from Us and whose name is shown in the Rental Agreement.

Terms and Conditions

GENERAL CAR HIRE TERMS & CONDITIONS

RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS

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