Terms & Conditions of Hire

Definitions
1.1 “Acknowledgment Document” means the document signed by the Hirer in conjunction with these Terms and Conditions of Trade and applicable if Southern Star Rentals elects, whereby the Hirer acknowledges the extent and effect of the provision of security the Hirer provides to Southern Star Rentals in consideration of the provision of Vehicle on hire.

1.2 “Southern Star Rentals” means Southern Star Rentals Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Southern Star Rentals Pty Ltd.

1.3 “Charges” means the cost of the hire of the Vehicle (plus any GST where applicable) as agreed between Southern Star Rentals and the Hirer subject to clause 6 of this Contract.

1.4 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.5 “Contract” means the terms and conditions contained herein, together with any quotation, Hire form, invoice or other document or amendments expressed to be supplemental to this Contract.

1.6 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Hirer does not wish to allow Cookies to operate in the background when using Southern Star Rentals’s website, then the Hirer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.7 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

1.8 “Hire” shall mean any or all Hire supplied by Southern Star Rentals to the Hirer and includes any advice or recommendations.

1.9 “Hirer” means the person/s, entities or any person acting on behalf of and with the authority of the Hirer requesting Southern Star Rentals to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a) if there is more than one Hirer, is a reference to each Hirer jointly and severally; and

(b) if the Hirer is a partnership, it shall bind each partner jointly and severally; and

(d) includes the Hirer’s executors, administrators, successors and permitted assigns.

1.10 “Hire Period” means shall mean the period commending on the date as shown in the Contract, and ending on the date the Hirer returns the Vehicle to Southern Star Rentals.

1.11 “Vehicle” means all Vehicle (including all accessories, tools, tyres and equipment and any replacement vehicle) supplied on hire by Southern Star Rentals to the Hirer (and where the context so permits shall include any incidental supply of services). The Vehicle shall be as described on the Hire agreement or any other commencement forms as provided by Southern Star Rentals to the Hirer.

Acceptance
2.1 The parties acknowledge and agree that:

(a) they have read and understood the terms and conditions contained in this Contract; and

(b) the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Hirer places an order for or accepts delivery of the Vehicle.

2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4 The Hirer acknowledges that the hire of Vehicle on credit shall not take effect until the Hirer has completed a credit application with Southern Star Rentals and it has been approved with a credit limit established for the account.

2.5 In the event that the Hire of Vehicle requested exceeds the Hirer’s credit limit and/or the account exceeds the payment terms, Southern Star Rentals reserves the right to refuse Delivery.

2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 10 of the Electronic Transactions Act 2011 or any other applicable provisions of that Act or any Regulations referred to in that Act.

2.7 The Hirer acknowledges and accepts that Southern Star Rentals must be notified, and agree, to any extension of the Hire Period in advance prior to the return date and time as to which the Vehicle was to be returned to Southern Star Rentals. If the Hirer fails to adhere to this clause, the Hirer shall be deemed to be in breach of this Contract and may forfeit any deposits or additional entitlement. The Vehicle will be immediately reported as stolen, and the Hirer shall become liable for any cost outstanding or involved with the recovery of the Vehicle.

Errors and Omissions
3.1 The Hirer acknowledges and accepts that Southern Star Rentals shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a) resulting from an inadvertent mistake made by Southern Star Rentals in the formation and/or administration of this Contract; and/or

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Southern Star Rentals in respect of the Vehicle Hire and/or/services.

3.2 In circumstances where the Hirer is required to place an order for the Vehicle, in writing, or otherwise as permitted by these terms and conditions, the Hirer is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for the Vehicle (“Hirer Error”). The Hirer must pay for all Vehicle it orders from Southern Star Rentals notwithstanding that such Vehicle suffer from a Hirer Error and notwithstanding that the Hirer has not taken or refuses to take Delivery of such Vehicle. Southern Star Rentals is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Hirer Errors.

Change in Control
4.1 The Hirer shall give Southern Star Rentals not less than fourteen (14) days prior written notice of any proposed change of ownership of the Hirer and/or any other change in the Hirer’s details (including but not limited to, changes in the Hirer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Hirer shall be liable for any loss incurred by Southern Star Rentals as a result of the Hirer’s failure to comply with this clause.

Credit Card Information
5.1 Southern Star Rentals will:

(a) keep the Hirer’s personal details, including credit card details for only as long as is deemed necessary by Southern Star Rentals;

(b) not disclose the Hirer’s credit card details to any third party; and

(c) not unnecessarily disclose any of the Hirer’s personal information, except is accordance with the Privacy Act (clause 24) or where required by law.

5.2 The Hirer expressly agrees that, if pursuant to this Contract if the following Charges, as stated below, are not paid to Southern Star Rentals, that Southern Star Rentals is entitled to immediately charge the Hirer’s nominated credit card for these amounts and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by the Hirer pursuant to the terms of this Contract:

(a) all Hire Charges;

(b) all Charges claimed from Southern Star Rentals in respect of any parking or any other traffic violations during the Hire Period or until such time the Vehicle is returned to Southern Star Rentals;

(c) all loss or damage to the Vehicle (including loss of use), third party damages, legal expenses, assessment fees, towing and recovery, storage and company service charges where:

(i) any condition of this Contract and in particular those contained in clause 12, or any other special condition has been breached;

(ii) the Vehicle is involved in a single vehicle incident unless Southern Star Rentals waives such loss to a single vehicle liability amount. A single vehicle incident is defined as any incident where the Vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle which can be fully identified and all details of the driver provided, or driving in contravention of any legislation or regulation controlling vehicular traffic, including any anti-hooning laws or other illegal purpose;

(iii) the Hirer has left the Vehicle unlocked or the keys in the Vehicle;

(iv) the Hirer has not kept the key secure and under the personal control of the Hirer;

(v) the underbody of the Vehicle is damaged regardless of the cause when no other vehicle is involved;

(vi) the Vehicle is totally or partially immersed in water (including being bogged/stuck in tidal zones below the high-tide levels) regardless of the cause;

(vii) the interior of the Vehicle is damaged regardless of the cause when no other vehicle is involved;

(viii) the tyres of the Vehicle are damaged other than due to normal wear;

(ix) the Vehicle is damaged by either loading or unloading, other than the normal wear to be expected;

(x) the failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment or any third party vehicle or property;

(xi) the Vehicle is damaged by driving it under or into an object lower than the height of the Vehicle;

(xii) the Hirer has failed to maintain all fluid levels or failed to contact Southern Star Rentals when a noted service is due, or failed to immediately rectify or report to Southern Star Rentals any defect of which the Hirer becomes aware of;

(xiii) the Vehicle is impounded by any governing body; or

(xiv) the Vehicle is note returned in a clean presentable condition (interior and exterior) including, but not limited to cigarette smoke and other odours.

5.3 Where the Hirer has instructed Southern Star Rentals to invoice another party, (including, but not limited to, some other person, corporation, firm or organisation), and such other party fails to make payment when due, the Hirer shall be liable to immediately make payment of the full amount due to Southern Star Rentals.

Charges and Payment
6.1 At Southern Star Rentals’s sole discretion, the Charges shall be either;

(a) as indicated on invoices provided by Southern Star Rentals to the Hirer upon placement of an order for the Vehicle; or

(b) Southern Star Rentals’s current Charges, at the date of Delivery of the Vehicle, according to Southern Star Rentals’s current price list, as previously disclosed to the Hirer upon the Hirer’s placement of an order for the Vehicle; or

(c) Southern Star Rentals’s quoted Charges (subject to clause 6.2) which shall be binding upon Southern Star Rentals provided that the Hirer shall accept in writing Southern Star Rentals’s quotation within fourteen (14) days.

6.2 Southern Star Rentals reserves the right to change the Charges:

(a) if a variation to the Vehicle which is to be supplied is requested (including a change due to the Hirer’s requirements, changes to pick up and drop off points, etc.); or

(b) as a result of an increase in Southern Star Rentals’s costs due to changes in statutory, government, or local body charges, taxes, levies, etc. with respect to the Vehicle, which are outside the control of Southern Star Rentals (including, without limitation, increases in the cost of labour or materials, fuel charges or insurance premiums, etc.); or

6.3 The Hirer shall be required to respond to any variation submitted by Southern Star Rentals within ten (10) working days. Failure to do so will entitle Southern Star Rentals to add the cost of the variation to the Charges. Payment for all variations must be made in full at the time of their completion.

6.4 At Southern Star Rentals’s sole discretion, a reasonable deposit (in the form of a bond) shall be required at the commencement of this Contract in accordance with any quotation provided by Southern Star Rentals or as notified to the Hirer prior to the placement of an order for the Vehicle, which shall be refunded to the Hirer by within either five (5) working days after the post hire inspection or one (1) month of the return of the Vehicle, provided that the Hirer has complied with their obligations hereunder. The deposit may be used to offset any applicable Charges payable by the Hirer under clauses 13 and

14, and any outstanding balance thereof shall be due as per clause 6.6.

6.5 Southern Star Rentals may charge for Hire by an hourly or kilometre rate (or a combination of both).

6.6 Time for payment for the Vehicle being of the essence, the Charges will be payable by the Hirer on the date/s determined by Southern Star Rentals, which may be:

(a) on Delivery of the Vehicle; or

(b) before Delivery of the Vehicle; or

(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Hirer by Southern Star Rentals

6.7 The Hirer acknowledges and accepts that all non-payments shall mean that the Hirer enters into a credit arrangement and shall be required to make payment as per clause 6.6(d) above.

6.8 Payment may be made by cash, electronic/on-line banking, credit card (a surcharge per transaction may apply) or by any other method as agreed to between the Hirer and Southern Star Rentals.

6.9 Southern Star Rentals may in its discretion allocate any payment received from the Hirer towards any invoice that Southern Star Rentals determines and may do so at the time of receipt or at any time afterwards. On any default by the Hirer Southern Star Rentals may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Southern Star Rentals, payment will be deemed to be allocated in such manner as preserves the maximum value of Southern Star Rentals’s Purchase Money Security Interest (as defined in the PPSA) in the Vehicle.

6.10 The Hirer shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Hirer by Southern Star Rentals nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Hirer must notify Southern Star Rentals in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Southern Star Rentals investigates the disputed claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Southern Star Rentals placing the Hirer’s account into default and subject to default interest in accordance with clause 23.1.

6.11 Unless otherwise stated the Charges does not include GST. In addition to the Charges the Hirer must pay to Southern Star Rentals an amount equal to any GST Southern Star Rentals must pay for any supply by Southern Star Rentals under this or any other agreement for the Hire of the Vehicle. The Hirer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Hirer pays the Charges. In addition, the Hirer must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges.

6.12 The Hirer acknowledges and agrees that the Hirer’s obligations to Southern Star Rentals for the supply of the Vehicle shall not cease until:

(a) the Hirer has paid Southern Star Rentals all amounts owing to Southern Star Rentals; and

(b) the Hirer has met all other obligations due by the Hirer to Southern Star Rentals in respect of all agreements between Southern Star Rentals and the Hirer.

6.13 Receipt by Southern Star Rentals of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then Southern Star Rentals’s rights in relation to the Vehicle, and this Contract, shall continue.

Delivery of Vehicle
7.1 Delivery (“Delivery”) of the Vehicle is taken to occur at the time that:

(a) the Hirer or the Hirer’s nominated carrier takes possession of the Vehicle at Southern Star Rentals’s premises; or

(b) Southern Star Rentals (or Southern Star Rentals’s nominated carrier) delivers the Vehicle to the Hirer’s nominated address even if the Hirer is not present at the address.

7.2 The cost of Delivery will be payable by the Hirer in accordance with the quotation provided by Southern Star Rentals to the Hirer, or as otherwise notified to the Hirer prior to the placement of an order for the Vehicle.

7.3 Any time specified by Southern Star Rentals for Delivery of the Vehicle is an estimate only and Southern Star Rentals will not be liable for any loss or damage incurred by the Hirer as a result of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Vehicle to be supplied at the time and place as was arranged between both parties. In the event that Southern Star Rentals is unable to supply the Vehicle as agreed solely due to any action or inaction of the Hirer, then Southern Star Rentals shall be entitled to charge a reasonable fee for re-supplying the Vehicle at a later time and date, and/or for storage of the Vehicle.

Changes to Vehicle Bookings
8.1 The Hirer acknowledges and accepts that the any dates to change bookings shall be at Southern Star Rentalss sole discretion and will be subject to date and Vehicle availability.

8.2 Unless otherwise agreed the following Charges shall apply in the event that the Hirer requests changes to the booking days:

Same number of days or extra days required:

(a) up to 91 days before Hire – no extra cost (subject to date availability);

(b) 90 to 60 days before hire – no extra cost (subject to date availability);

(d) 30 days to 0 days before hire – no extra cost (subject to date availability). Less days (hires are subject to minimum days)

(a) up to 91 days before hire – no extra cost;

(b) 90 days to 60 days before hire – ten percent (10%) of the Hire Charges for the days cancelled;

(d) 30 days to 0 days before hire – one hundred percent (100%) of the Hire Charges for the days cancelled.

Duration of Hire
9.1 The term of Hire shall be for the period as described on the Vehicle Hire agreement form to which these terms and conditions will be attached.

9.2 The hire Charges shall commence from the time the Vehicle departs from Southern Star Rentals’s premises and will continue until the return of the Vehicle to Southern Star Rentals’s premises, and/or until the expiry of the Hire Period, whichever last occurs.

9.3 The date upon which the Hirer advises of termination shall in all cases be treated as a full day’s hire.

9.4 Unless otherwise agreed, the Hirer acknowledges and accepts that Southern Star Rentals reserves the right to charge the Hirer a cancellation fee in the event that the Hirer cancels the Contract before the expiration of the Hire Term.

9.5 When a Vehicle is left at any other place than the premises of Southern Star Rentals then termination of Hire shall be when the Vehicle inspection has been completed or at the time of the collection. The Hirer will be responsible for the Vehicle up until this time of termination, inspection, and collection.

9.6 Should the Hirer terminate the Hire before the stated date and time, the stated rate and term will be amended at the sole discretion of Southern Star Rentals.

9.7 No allowance whatsoever can be made for time during which the Vehicle is not in use for any reason, unless Southern Star Rentals confirms special prior arrangements in writing. In the event of Vehicle breakdown provided the Hirer notifies Southern Star Rentals immediately, hiring Charges will not be payable during the time the Vehicle is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Hirer.

Risk
10.1 Southern Star Rentals retains ownership of the Vehicle nonetheless all risk for the Vehicle passes to the Hirer on Delivery.

10.2 The Hirer accepts full responsibility for the safekeeping of the Vehicle and indemnifies Southern Star Rentals for all loss, theft, or damage to the Vehicle howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Hirer.

10.3 The Hirer will insure, or self-insure, Southern Star Rentals’s interest in the Vehicle against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Vehicle. Further the Hirer will not use the Vehicle nor permit it to be used in such a manner as would permit an insurer to decline any claim.

10.4 The Hirer accepts full responsibility for and shall keep Southern Star Rentals indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Vehicle during the Hire Period and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.

Title
11.1 The Vehicle is and will at all times remain the absolute property of Southern Star Rentals, and the Hirer must return the Vehicle to Southern Star Rentals upon request to do so.

11.2 At the expiration of any Hire Period hereby granted, or as a result of default by the Hirer (including, but not limited to, any default under clause 23) or if the Hirer fails to return the Vehicle to Southern Star Rentals as is required under this Contract or when requested to do so, then Southern Star Rentals or Southern Star Rentals’s agent may (as the invitee of the Hirer) enter upon and into any land and premises owned, occupied or used by the Hirer, or any premises where the Vehicle is situated and take possession of the Vehicle, without being responsible for any damage thereby caused. Any costs incurred by Southern Star Rentals as a result of Southern Star Rentals so repossessing the Vehicle shall be charged to the Hirer.

11.3 The Hirer is not authorised to pledge Southern Star Rentals’s credit for repairs to the Vehicle or to create a lien over the Vehicle in respect of any repairs.

Persons who may drive Vehicle
12.1 The Vehicle may be driven during the Hire Period only by the Hirer and only if:

(a) the Hirer or Hirer’s employee, representative or agent has been identified as a driver for this Vehicle;

(b) they hold a current Australian, overseas licence written in English, or international driver’s license for a period of not less than two (2) years (and which is an appropriate license for the Vehicle), excluding any time under a learner’s permit or a provisional license) at the time when they are driving the Vehicle and where applicable, have the appropriate vehicle endorsement or equivalent in relation to Vehicle Hire (if applicable);

(d) they have not given a false name, age, address or driver’s licence;

(e) they have not had their driver’s license cancelled, endorsed or suspended within the last three (3) years; and

(f) at no stage shall they be deemed to be any agent, associate, servant or employee of Southern Star Rentals for any purpose whatsoever.

12.2 If the need arises, consent is given to Southern Star Rentals to check the validity and currency of any driver’s licence used in connection with this Contract.

12.3 When the Hirer is a Body Corporate, then they shall ensure all drivers have a valid driver’s licence and meet the requirements as per clause 12.1 for the term of any Hire.

Hirer’s Obligations, Use of the Vehicle and Restrictions
13.1 The Hirer shall, where applicable, ensure that:

(a) any applicable seat belt and child restraint laws are complied with;

(b) passengers shall only ride in the cab of the Vehicle in designated seats;

(c) all the Vehicle’s engine oils, coolant and battery levels, and are maintained to the manufacturer’s specifications at the Hirer’s cost, as set out in the Vehicle’s operations manual located in the glove box;

(d) the tyres are maintained at their proper pressure and all fluid (including, but not limited to engine oil and coolant, water) levels are checked and maintained at the relevant levels;

(e) all reasonable care is taken in handling and parking the Vehicle and that it is left securely locked when not in use, with the keys kept under the Hirer’s personal control at all times;

(f) the Vehicle is operated in an appropriate manner that shall during operation the Hirer observes posted speed limits and shall obey all rules and regulations with respect to the correct operation of a motor vehicle; and

(g) any insurance excess payable in relation to a claim made by either the Hirer or Southern Star Rentals in relation to any damage caused by, or to, the Hire Vehicle whilst the same is hired by the Hirer and irrespective of whether charged by the Hirer’s insurers or Southern Star Rentals’s.

13.2 The Hirer acknowledges and accepts that:

(a) the Vehicle may be driven on any road shown on Hema maps with the exception of any areas excluded by Southern Star Rentals unless accompanied by tour guides or as per written approval from Southern Star Rentals which are:

(i) Fraser Island;

(ii) Canning stock route and associated tracks;

(iii) Simpson Desert and associated tracks;

(iv) any area subject to tidal water including beach driving below high tide lines;

(v) Arnhem Land;

(vi) Gunbarrel Highway;

(vii) all tracks not shown on current Hema maps; and

(viii) any closed roads including roads closed by Main Roads or local rangers).

(b) the Hirer shall be required to walk any river crossing prior to driving to check the water depth as river crossings are entirely at the Hirer’s risk and it is not recommended that the Vehicle is driven through any crossing that:

(i) is more than 500mm deep or approximately ‘knee deep’; or

(ii) where the water is flowing.

(c) the Hirer shall be responsible for recovery charges incurred for the retrieval of the Vehicle from unsealed surfaces or off-road sites irrespective of the reason for such recovery to be necessary;

13.3 The Hirer shall not:

(a) drive the Vehicle if Southern Star Rentals has so directed the Hirer;

(b) drive or take the Vehicle into excluded areas as communicated by Southern Star Rentals;

(d) allow any person(s) to smoke in the Vehicle;

(e) operate the Vehicle in any race, pacemaking, reliability trials, speed test, hill climbs, rally, performance or contest, or on any closed road or non-public roadway; or

(f) allow the Vehicle to:

(i) be used in contravention of any law;

(ii) be operated without their authority, and then only by an authorised driver named herein;

(iii) be driven by any person if, at the time of them driving the Vehicle, the Hirer or other person is not the holder of current driver’s licence appropriate for the Vehicle;

(iv) be operated by any driver under the influence of alcohol and/or any drug that affects their ability to drive the Vehicle, or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;

(v) convey, propel, push, boost or tow any trailer, boat, other vehicle, or any other object, or load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was manufactured without Southern Star Rentals’s prior written approval;

(vi) transport more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or a greater load (weight) than that for which the Vehicle was manufactured;

(vii) carry passengers or property for hire or reward of any kind, or carry any flammable substance which has a flash point under 22.8 C, or any other explosive or corrosive materials;

(viii) be driven in a dangerous manner; or

(ix) be used when it is damaged or unsafe.

(g) sublet or Hire the Vehicle to any other person.

13.4 The Hirer shall be liable for any:

(a) toll ways, parking or traffic infringement and will supply relevant details as required by the Police and/or Southern Star Rentals relating to any such parking or traffic infringement and offences, impoundment, towage and storage during the Hire Period. (An administration fee will be charged per Infringement Notice);

(b) unauthorised repairs to the Vehicle; and

(c) any costs incurred by Southern Star Rentals where repossession of the Vehicle is taken without prior notice in the event that the Vehicle is illegally parked, used in violation of the law or this Contract, or it is apparently abandoned.

13.5 The Hirer acknowledges and agrees that where they venture off road, this shall be at the Hirer’s own risk.

13.6 It is the Hirer’s responsibility for the refueling of the Vehicle prior to its return from Hire. In the event the Vehicle needs to be refueled upon its return from Hire then the costs of refueling shall be in addition to the Charges and shall be immediately due and payable by the Hirer.

13.7 The Hirer acknowledges and accepts that should the seal or any part of the odometer is broken or has been disconnected, the persons responsible will be reported to the appropriate authority and the Hirer shall be responsible for the extra Charges based on five hundred kilometres (500km) per day at a rate to be specified per kilometre plus any service or repair cost.

13.8 The Hirer shall be responsible for all cost of repair to the Vehicle in any of the following circumstances:

(a) the Vehicle is driven into any of the restricted areas set out in clause 13.3;

(b) the Vehicle is submerged in water;

(d) there is damage to the undercarriage or roof due to collision with bridges, tunnels, overhead structures or other obstacle;

(e) tyres are excluded from the damage cover of the Vehicle; or

(f) the person driving the Vehicle is:

(i) underage;

(ii) does not have a valid or hold an appropriate class of driver’s licence; or

(iii) unqualified to operate the Vehicle.

(g) the Vehicle is involved in a theft or conversion.

Return of the Vehicle
14.1 At Southern Star Rentals’s sole discretion a relocation fee will be applicable to any Vehicle being left at any other agent or business address or any other place other than the address from which the Vehicle was hired and all Charges to reposition the Vehicle to its original business address shall be chargeable, plus any Hire Period then shorter than originally agreed may have its original Hire rates adjusted according to the actual length of Hire.

14.2 The Hirer shall return the Vehicle:

(a) in the same clean (washed) and tidy condition at the expiry of the term of Hire or a surcharge for cleaning may be imposed upon the Hirer for such cleaning. No refund can be made until a Vehicle has been cleaned and inspected for any damage;

(b) in good operating condition with the seal on the odometer unbroken and in the same condition (except for normal wear and tear NOT INCLUDING WINDSCREEN AND TYRE DAMAGE) together with all tools, accessories, tyres and equipment); and

(c) fueled with the correct grade and amount of fuel equal to that at the commencement of the Hire Period. A fuel receipt must be shown and correct on return, or any deposit paid may be withheld until correct operation of the Vehicle is confirms. Should the incorrect grade of fuel be in the Vehicle, any repair cost will be charged to the Hirer and where the fuel level is less than originally supplied in the Vehicle, any shortfall in fuel quantity shall also be charged to the Hirer.

14.3 When a Vehicle is left at any other place than the branch location then termination shall be when the Vehicle inspection occurs or at the time of collection. The Hirer will be responsible for the Vehicle up until this time of termination, inspection, and collection.

14.4 The Hirer shall allow up to five (5) working days after the post hire inspection for Southern Star Rentals to release any bond that is refundable. However, the Hirer acknowledges and accepts that should any damage be found, that any surplus after repairs have been completed (which may take up to one (1) month to be actioned) shall then be refunded to the Hirer.

Damage Waiver/Insurance
15.1 Subject to clause 21, a Loss, Theft, and Damage Waiver (“LTD Waiver”) charge will be applied to all Vehicle Hire at the rate selected by the Hirer and detailed on Southern Star Rentals’s Vehicle Hire agreement form.

15.2 The Hirer shall not be required to pay the LTD Waiver Fee if the Hirer produces a certificate of currency (COC) for an appropriate policy of insurance that covers loss, theft or damage to the Vehicle during the Hire Period for an amount not less than the full new replacement value of the Vehicle. The COC must be provided to Southern Star Rentals prior to the supply of Vehicle by Southern Star Rentals.

15.3 The LTD Waiver is not insurance but is an agreement by Southern Star Rentals to limit your liability in certain circumstance for loss, theft, or damage, to Southern Star Rentals’s Vehicle to an amount called the LTD Waiver Excess. The LTD Excess is explained below.

15.4 Where the Hirer has paid the LTD Waiver Fee, Southern Star Rentals will waive Southern Star Rentals’s right to claim against you for loss, theft or damage to the Vehicle if:

(a) the Hirer has promptly reported the incident to the Police and Provided Southern Star Rentals with a written Police report;

(b) the Hirer has co-operated with Southern Star Rentals and provided Southern Star Rentals with details of the incident, including any written or photographic evidence that Southern Star Rentals requires;

(d) the Hirer has paid Southern Star Rentals the LTD Waiver Excess.

15.5 The LTD Waiver Excess for each item of Vehicle is the amount equal to:

(a) the standard excess of seven thousand dollars ($7000) or (if the replacement cost of the Vehicle is less than seven thousand dollars ($7000) the replacement cost of the Vehicle which subject to revision on the basis of the movement in the Consumer Price Index (CPI); OR

(b) fifteen percent (15%) of the cost of the repairs (if the Vehicle is partially damaged and can be repaired) OR fifteen percent (15%) of the full new replacement cost of the Vehicle (if the Vehicle is lost, stolen, or damaged beyond repair); OR

(d) whichever is the greater.

15.6 The Hirer acknowledges and agrees that the excess is subject to increase where the Vehicle is more than one hundred kilometres (100km) from Southern Star Rentals’s depot.

15.7 Even if the Hirer has paid the LTD Waiver Fee, Southern Star Rentals shall not waive Southern Star Rentals’s rights to claim against the Hirer for loss, theft or damage to the Vehicle and the LTD Waiver shall not apply if the loss, theft or damage:

(a) has arisen as a result of the Hirer breaching a clause of this Hire Contract; or

(b) has been caused by a negligent act or omission by the Hirer; or

(d) has been caused by the Hirer’s failure to use the Vehicle for its intended purpose or in accordance with Southern Star Rentals’s instructions or the manufacturer’s instructions; or

(e) occurs to the Vehicle whilst it is located, used, loaded, unloaded, transported on or over water, wharves, bridges, or vessels of any kind; or

(f) has been caused by a lack of lubrication or a failure to service or properly maintain the Vehicle; or

(g) has been caused by a collision with a bridge, carpark, awning, gutter, tree, or any other overhead structure or object due to insufficient clearance; or

(h) has been caused by the overloading of the Vehicle or any components thereof; or

(i) is to motors, or other electrical Vehicle or components within the Vehicle caused by electrical overload, a surge in current or the use of under rated or excessive lengths or extension leads with the electrical Vehicle; or

(j) is caused by exposure to any caustic or corrosive substance, such as cyanide, salt water, acid etc.; or

(k) is caused by vandalism; or

(l) is to tyres or tubes; or

(m) is to glass; or

(n) is caused by the willful actions of the Hirer, their employees, sub-contractors or agents; or

(o) the driver of the Vehicle is under the influence of alcohol or any drug that affects their ability to drive the Vehicle; or

(p) the Vehicle is in an unsafe or un-roadworthy condition that arose during the course of the Hire and that caused or contributed to the damage or loss, and the Hirer or driver was aware of or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle; or

(q) the Vehicle is operated in any race, speed test, rally, or contest, or on any closed road or non-public roadway; or

(r) the Hirer is not a body corporate or department of State, and the Vehicle is driven by any person other than the Hirer and any other person named on the front of this Contract; or

(s) the Vehicle is driven by any person who at the time when they drove the Vehicle is disqualified from holding or has never held a driver’s licence appropriate for that Vehicle; or

(t) the Vehicle is willfully or recklessly damaged either by the Hirer, or any other person named on the front of this form, or any person driving the Vehicle under the authority of the Hirer; or

(u) the Vehicle becomes bogged or stuck on tidal zones, waterways, beaches, or on unsealed roads or tracks; or

(v) the Vehicle is operated outside the term of the Hire or any agreed extension of that term.

15.8 The Hirer acknowledges and accepts that:

(a) Personal Accidental/Medical Insurance is not provided under these terms and conditions and that it is the responsibility of the Hirer to seek independent advice and insurance if so desired;

(b) it’s the Hirer’s responsibility to ensure that any personal items carried in or on the vehicle are insured adequately or at all. Southern Star Rentals shall have no liability to the Hirer whatsoever in respect of such property; and

(c) all damage to or loss involving the Vehicle shall be reported to Southern Star Rentals (and Police or other proper authority where applicable) and a damage/collision report must be returned to Southern Star Rentals within twenty-four (24) hours of such notification. Where applicable, the Hirer shall provide Southern Star Rentals, all paperwork including, but not limited to summons, complaints or other paperwork in relation to any loss that may be a requirement of Southern Star Rentals’s insurer in the event that a claim progresses through the legal system.

15.9 Where the Hirer declines the LTD Waiver provided by Southern Star Rentals, the Hirer acknowledges by signing this Contract that the Vehicle is hired at the Hirer’s sole risk and accepts that they shall be liable to Southern Star Rentals for any loss of, or damage to, the Vehicle (howsoever arising) plus any consequential loss incurred by Southern Star Rentals.

15.10 Furthermore, the Hirer acknowledges and agrees by their signature on the front of the Vehicle Hire agreement form that they have no insurance cover whatsoever under this Contract in respect of any damage, injury, or loss caused to any person or property.

15.11 Where the Hirer nominates their own insurance company for cover then the Hirer shall provide to Southern Star Rentals proof and currency of policy prior to the commencement of the hire.

Hirer’s Liability
16.1 The Hirer acknowledges and agrees that if an insurance claim is declined for any reason that they shall be liable for all damage to, or loss of, the Vehicle plus any consequential loss incurred by Southern Star Rentals.

16.2 Any excess applied (plus GST) shall be for each and every claim. Window glass damage or breakage also carries a separate excess. Such amounts will be collected as part of the total amount due under this Contract.

Southern Star Rentals’s Obligations
17.1 Southern Star Rentals shall supply the Vehicle in a safe and roadworthy condition with the seal of the odometer unbroken.

17.2 Southern Star Rentals shall be responsible for all ordinary and extraordinary costs of running the Vehicle during the term of the Hire except to the extent that by the terms of this Contract those costs are payable by the Hirer.

Mechanical Repairs and Accidents
18.1 If the Vehicle is damaged, or requires repair or salvage, whether because of any accident or breakdown, the Hirer shall advise Southern Star Rentals of the full circumstances as soon as practicable.

18.2 The Hirer shall not arrange or undertake any repairs or salvage without the authority of Southern Star Rentals except to the extent that the repairs or salvage are necessary to prevent further damage to the Vehicle or to other property.

18.3 The Hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the Vehicle.

Personal Property Securities Act 2009 (“PPSA”)
19.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

19.2 Upon assenting to these terms and conditions in writing the Hirer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Vehicle that has previously been supplied and that will be supplied in the future by Southern Star Rentals to the Hirer.

19.3 The Hirer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Southern Star Rentals may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 19.3(a)(i) or 19.3(a)(ii);

(b) indemnify, and upon demand reimburse, Southern Star Rentals for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Vehicle charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Southern Star Rentals;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Vehicle in favour of a third party without the prior written consent of Southern Star Rentals.

19.4 Southern Star Rentals and the Hirer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

19.5 The Hirer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

19.6 The Hirer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

19.7 Unless otherwise agreed to in writing by Southern Star Rentals, the Hirer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

19.8 The Hirer must unconditionally ratify any actions taken by Southern Star Rentals under clauses 19.3 to 19.5.

19.9 Subject to any express provisions to the contrary (including those contained in this clause 19), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

19.10 Only to the extent that the hire of the Vehicle exceeds a two (2) year Hire Period with the right of renewal shall clause 19 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 19 will apply generally for the purposes of the PPSA.

Security and Charge
20.1 In consideration of Southern Star Rentals agreeing to supply the Vehicle on hire and as acknowledged by Southern Star Rentals in accordance with any Acknowledgment Document the Hirer grants Southern Star Rentals a security interest by way of a floating charge (registerable by Southern Star Rentals pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by the Hirer or owned by the Hirer in the future, including but not limited to those set out in any Acknowledgment Document, to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Vehicle on hire under this Contract and/or permit Southern Star Rentals to appoint a receiver to the Hirer in accordance with the Corporations Act 2001 (Cth).

20.2 The Hirer indemnifies Southern Star Rentals from and against all Southern Star Rentals’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Southern Star Rentals’s rights under this clause.

20.3 In the event that the Hirer defaults or breaches any term of this Contract and as a result, the security provided in clauses 19.2 and 20.1 as applicable, is deemed insufficient by Southern Star Rentals to secure the repayment of monies owed by the Hirer to Southern Star Rentals, the Hirer hereby grants Southern Star Rentals a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by the Hirer now, or owned by the Hirer in the future, to secure the performance of the Hirer of its obligations under these terms and conditions (including, but not limited to, the payment of any money), in accordance with the Acknowledgement Document.

Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)
21.1 The Hirer must inspect the Vehicle on Delivery and must within forty-eight (48) hours of Delivery notify Southern Star Rentals in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Hirer must notify any other alleged defect in the Vehicle as soon as reasonably possible after any such defect becomes evident. Upon such notification the Hirer must allow Southern Star Rentals to inspect the Vehicle.

21.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

21.3 Southern Star Rentals acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

21.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Southern Star Rentals makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Vehicle. Southern Star Rentals’s liability in respect of these warranties is limited to the fullest extent permitted by law.

21.5 If the Hirer is a consumer within the meaning of the CCA, Southern Star Rentals’s liability is limited to the extent permitted by section 64A of Schedule 2.

21.6 If Southern Star Rentals is required to rectify, re-supply, or pay the cost of re-supplying any services or Vehicle under this clause or the CCA, but is unable to do so, then Southern Star Rentals may refund any money the Hirer has paid for the services or Vehicle but only to the extent that such refund shall take into account the value of any services or Vehicle and consumables which have been provided to the Hirer which were not defective.

21.7 If the Hirer is not a consumer within the meaning of the CCA, Southern Star Rentals’s liability for any defect or damage in the services or Vehicle is:

(a) limited to the value of any express warranty provided to the Hirer by Southern Star Rentals at Southern Star Rentals’s sole discretion;

(b) limited to any warranty to which Southern Star Rentals is entitled, if Southern Star Rentals did not manufacture the Vehicle;

21.8 Notwithstanding clauses 21.1 to 21.7 but subject to the CCA, Southern Star Rentals shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:

(a) the Hirer failing to properly maintain or store any Vehicle;

(b) the Hirer interfering with the Vehicle in any way without Southern Star Rentals’s written approval to do so;

(d) the Hirer continuing the use of the Vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(e) the Hirer failing to follow any instructions or guidelines provided by Southern Star Rentals;

(f) fair wear and tear, any accident, or act of God.

Cancellation
22.1 Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply of Vehicle on hire to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party shall be liable for any costs associated with a party suspending/cancelling the Contract under this clause 22.1.

22.2 If Southern Star Rentals, due to reasons beyond Southern Star Rentals’s reasonable control, is unable to deliver any Vehicle to the Hirer, Southern Star Rentals may cancel any Contract to which these terms and conditions apply or cancel Delivery of the Vehicle at any time before the Vehicle are delivered by giving written notice to the Hirer. On giving such notice Southern Star Rentals shall repay to the Hirer any money paid by the Hirer for the Vehicle to be hired. Southern Star Rentals shall not be liable for any loss or damage whatsoever arising from such cancellation.

22.3 The Hirer may cancel Delivery of the Vehicle by written notice served within forty-eight (48) hours of placement of the order. If the Hirer cancels delivery in accordance with this clause

22.3, the Hirer will not be liable for the payment of any costs of Southern Star Rentals, except where a deposit is payable in accordance with clause 6.4. Failure by the Hirer to otherwise accept Delivery of the Vehicle shall place the Hirer in breach of this Contract.

22.4 Further to clause 22.3 and unless otherwise agreed, the Hirer acknowledges and accepts that a cancellation fee shall apply if the order is cancelled:

(a) 90 to 60 days before the Hire date then ten percent (10%) of Hire Charges shall apply; or

(b) 59 to 31 days before the Hire date then thirty percent (30%) of Hire Charges shall apply; or

(c) 30 to 0 days before the Hire date then full Hire Charges shall apply. Southern Star Rentals shall process a full refund or apply a credit to the Hirer’s account for any cancellation received up to 91 days before the Hire date.

Default and Consequences of Default
23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Southern Star Rentals’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

23.2 If the Hirer owes Southern Star Rentals any money, the Hirer shall indemnify Southern Star Rentals from and against all costs and disbursements:

(a) incurred; and/or

(b) which would be incurred and/or

(c) for which by the Hirer would be liable; in regard to legal costs on a solicitor and own client basis incurred in exercising Southern Star Rentals’s rights under these terms and conditions, internal administration fees, Southern Star Rentals’s contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.

23.3 Further to any other rights or remedies Southern Star Rentals may have under this Contract, if the Hirer has made payment to Southern Star Rentals, and the transaction is subsequently reversed, the Hirer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Southern Star Rentals under this clause 23 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Hirer’s obligations under this Contract.

23.4 Without prejudice to Southern Star Rentals’s other remedies at law Southern Star Rentals shall be entitled to cancel all or any part of any order of the Hirer which remains unperformed and all amounts owing to Southern Star Rentals shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to Southern Star Rentals becomes overdue, or in Southern Star Rentals’s opinion the Hirer will be unable to meet its payments as they fall due; or

(b) the Hirer has exceeded any applicable credit limit provided by Southern Star Rentals;

(c) the Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.

Privacy Policy
24.1 All emails, documents, images or other recorded information held or used by Southern Star Rentals is Personal Information, as defined and referred to in clause

24.3, and therefore considered Confidential Information. Southern Star Rentals acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Southern Star Rentals acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Hirer’s Personal Information, held by Southern Star Rentals that may result in serious harm to the Hirer, Southern Star Rentals will notify the Hirer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Hirer by written consent, unless subject to an operation of law.

24.2 Notwithstanding clause 24.1, privacy limitations will extend to Southern Star Rentals in respect of Cookies where the Hirer utilises Southern Star Rentals’s website to make enquiries. Southern Star Rentals agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Hirer’s:

(a) IP address, browser, email client type and other similar details;

(b) tracking website usage and traffic; and

(c) reports are available to Southern Star Rentals when Southern Star Rentals sends an email to the Hirer, so Southern Star Rentals may collect and review that information (“collectively Personal Information”) If the Hirer consents to Southern Star Rentals’s use of Cookies on Southern Star Rentals’s website and later wishes to withdraw that consent, the Hirer may manage and control Southern Star Rentals’s privacy controls via the Hirer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

24.3 The Hirer agrees for Southern Star Rentals to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Hirer in relation to credit provided by Southern Star Rentals.

24.4 The Hirer agrees that Southern Star Rentals may exchange information about the Hirer with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Hirer; and/or

(b) to notify other credit providers of a default by the Hirer; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Hirer is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Hirer including the Hirer’s repayment history in the preceding two (2) years.

24.5 The Hirer consents to Southern Star Rentals being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.

24.6 The Hirer agrees that personal credit information provided may be used and retained by Southern Star Rentals for the following purposes (and for other agreed purposes or required by):

(a) the provision of Vehicle; and/or

(b) analysing, verifying and/or checking the Hirer’s credit, payment and/or status in relation to the provision of Vehicle; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Hirer; and/or

(d) enabling the collection of amounts outstanding in relation to the Vehicle.

24.7 Southern Star Rentals may give information about the Hirer to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Hirer including credit history.

24.8 The information given to the CRB may include:

(a) Personal Information as outlined in 24.3 above;

(b) name of the credit provider and that Southern Star Rentals is a current credit provider to the Hirer;

(d) type of consumer credit;

(e) details concerning the Hirer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults (provided Southern Star Rentals is a member of an approved OAIC External Disputes Resolution Scheme),overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Hirer no longer has any overdue accounts and Southern Star Rentals has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of Southern Star Rentals, the Hirer has committed a serious credit infringement;

(h) advice that the amount of the Hirer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

24.9 The Hirer shall have the right to request (by e-mail) from Southern Star Rentals:

(a) a copy of the Personal Information about the Hirer retained by Southern Star Rentals and the right to request that Southern Star Rentals correct any incorrect Personal Information; and

(b) that Southern Star Rentals does not disclose any Personal Information about the Hirer for the purpose of direct marketing.

24.10 Southern Star Rentals will destroy Personal Information upon the Hirer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

24.11 The Hirer can make a privacy complaint by contacting Southern Star Rentals via e-mail. Southern Star Rentals will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Hirer is not satisfied with the resolution provided, the Hirer can make a complaint to the Information Commissioner at www.oaic.gov.au.

Service of Notices
25.1 Any written notice given under this Contract shall be deemed to have been given and received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this Contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;

(e) if sent by email to the other party’s last known email address.

25.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

Trusts
26.1 If the Hirer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not Southern Star Rentals may have notice of the Trust, the Hirer covenants with Southern Star Rentals as follows:

(a) the Contract extends to all rights of indemnity which the Hirer now or subsequently may have against the Trust, the trustees and the trust fund;

(b) the Hirer has full and complete power and authority under the Trust or from the Trustees of the Trust as the case may be to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Hirer against the Trust, the trustees and the trust fund. The Hirer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;

(c) the Hirer will not during the term of the Contract without consent in writing of Southern Star Rentals (Southern Star Rentals will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:

(i) the removal, replacement or retirement of the Hirer as trustee of the Trust;

(ii) any alteration to or variation of the terms of the Trust;

(iii) any advancement or distribution of capital of the Trust; or

(iv) any resettlement of the trust fund or trust property.

General
27.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

27.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which Southern Star Rentals has its principal place of business and are subject to the jurisdiction of the Perth Courts in that state.

27.3 Southern Star Rentals may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Hirer’s consent provided the assignment does not cause detriment to the Hirer.

27.4 The Hirer cannot assign or licence without the written approval of Southern Star Rentals.

27.5 Southern Star Rentals may elect to subcontract out any part of the provision services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Hirer agrees and understands that they have no authority to give any instruction to any of Southern Star Rentals’s sub-contractors without the authority of Southern Star Rentals.

27.6 The Hirer agrees that Southern Star Rentals may amend their general terms and conditions for subsequent future contracts with the Hirer by disclosing such to the Hirer in writing. These changes shall be deemed to take effect from the date on which the Hirer accepts such changes, or otherwise at such time as the Hirer makes a further request for Southern Star Rentals to provide Vehicle on hire to the Hirer.

27.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Hirer to make a payment to Southern Star Rentals, once the parties agree that the Force Majeure event has ceased.

27.8 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

27.9 The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.

27.10 If part or all of any term of this Contract is or becomes invalid, illegal or unenforceable, it shall be severed from this Contract and shall not affect the validity and enforceability of the remaining terms of this Contract.

4WD Camper Hire

Terms & Conditions of Hire