1.Definitions and Interpretation
1.1Definitions
In this Agreement, unless the context otherwise requires:
Accident means a collision between the Vehicle and another motor vehicle, a stationary or moving object or obstruction, a pedestrian, an animal or debris or the theft or vandalism of the Vehicle.
Authorised Driver means the person specified as the Hirer on this rental agreement or an additional driver permitted, with the express written approval from Splend, to use the Vehicle.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Claims means all suits, actions, causes of action, claims and demands for compensation, damages or other relief (including declaratory relief) on any basis whatsoever whether at law, in equity or under statute.
GST means Goods and Services Tax.
Insured Event means an event which gives rise to a right of the Hirer to seek cover under the Loss and Damage Cover.
Notifiable Event means an event set out in clause 5 of this Agreement.
Reasonable Excuse means any injury to or other impact on the Hirer totally or significantly prevents the Hirer from being able to perform the Hirer’s obligations under this Agreement.
Rental Charges means all charges outlined on the accompanying document ‘Rental Agreement’
Term means the period commencing from the Date out on the Rental Agreement and finishing at the time the Vehicle is returned to Rideshare Accident Vehicles in the state in which it is registered.
We or us or our or RAV means Rideshare Replacement Vehicles.
2.Authority to Act & Credit Hire (replacement vehicle) information
2.1 The Hirer warrants that the Hirer:
2.1.1 Has been deprived of the use of their vehicle as a result of an ‘accident’ which has been caused by the negligence of a third party.
2.1.2 Is a usual driver of the vehicle damaged in the accident
2.1.3 Agrees to provide to RAV all documentation required for RAV to recover the Rental Charges on your behalf, including, but not limited to, the Hirer’s driver’s licence, the driver’s licence of the person driving at the time of the accident and the registration papers of the vehicle involved in the accident
2.1.4 Acknowledges that RAV does not organise, coordinate the repair, storage or disposal of the vehicle damaged in the accident
2.1.5 Will not materially delay or hold up the timely recovery of the Rental Charges from the third party or the third party insurer, including by failing to provide RAV with any documents reasonably requested by RAV
2.1.6 Will not materially delay or hold up a claim or the repairs to the vehicle damaged in the accident
2.1.7 Will provide RAV with the hirer’s insurer and repairer details and will procure updates from the insurer or repairer in relation to the claim and repair to the vehicle damage in the accident, whenever requested to do so by RAV
2.1.8 Will advise RAV immediately if notified that the repairs to the hirer’s vehicle are completed or if a total loss settlement or claims settlement offer is received. If you do not notify RAV immediately you may be liable for all Rental Charges from the notification date
2.1.9 Agrees to notify RAV of any pending insurer settlement and to contact RAV prior to signing a Deed of Release or Settlement
2.1.10 Will pay the GST amount on the Rental Charges to RAV if the hirer or the hirer’s vehicle is business registered. The hirer agrees that RAV may deduct the applicable GST from a rental deposit or charge the hirer’s provided credit/debit card
2.1.11 Authorises RAV, or our recovery agents, or our legal advisers, to:
- a) act on the Hirer’s behalf in respect of the Hirer’s Claim for the recovery of the Rental Charges;
- b) obtain all documents, reports and other material that might be requested in respect of the Hirer’s Claim
- c) receive settlement or payment for the Hirer’s Claim, the same can be set off against any outstanding amounts owing
- d) allows RAV to share the Hirer’s personal details with third parties, strictly on a need-to-know basis, solely in connection with the Hirer’s Claim
2.1.12 Agrees to provide all reasonable assistance to RAV in recovering the Hire Charges, including, if necessary, attending an adjudication or court hearing and to cooperate in full with RAV and RAV’s legal representatives.
Pursuant to this Agreement, the Hirer, as consideration for the hire of the Vehicle agrees to pay the Deposit, the Weekly Hire Payment and all other amounts which are or may become payable by the Hirer pursuant to this Agreement.
3 Driver Eligibility
3.1 Only an Authorised Driver may drive the Vehicle
3.2 The Hirer warrants that the Hirer and all Authorised Drivers:
3.2.1 Hold a current full (non-probationary) Australian driver’s licence appropriate for the Vehicle at the time that they are driving the Vehicle
3.2.2 Has not had insurance declined, an insurance policy cancelled or had special conditions applied by any insurance company in the last 5 years
3.2.3 Has not been convicted of an alcohol or drug related traffic offence or had a driver’s licence suspended or cancelled in the last 5 years; and
3.2.4 Does not suffer from any physical or mental condition or impairment that may interfere with the ability to control and drive the Vehicle.
4 Hirer’s Obligations
4.1 The Hirer must not:
4.1.1 Sublet or hire the Vehicle to any other person whether or not for consideration;
4.1.2 Allow the Vehicle to be operated outside his or her authority
4.1.3 Operate the Vehicle or allow it to be operated in a race, speed test, rally, or contest;
4.1.4 Operate the Vehicle or allow it to be operated in breach of any Act, regulations, rules, or bylaws relating to road traffic;
4.1.5 Operate the Vehicle, or allow it to be operated, to tow or propel any other Vehicle.
4.1.6 Operate the Vehicle or allow it to be operated outside a 200 kilometre radius of the GPO of the capital city in which the RAV branch from which the Vehicle was obtained by the Hirer was situated (Permitted Area) without the written permission of RAV except where the end destination of a continuous rideshare trip requires the Vehicle to operate outside the Permitted Area, after which the Vehicle must be immediately returned to operate within the Permitted Area.
4.1.7 Allow the Vehicle to be modified without the express permission of RAV, which may be provided at RAV’s sole and absolute discretion. Such modifications must be removed by the Hirer and any damage caused by the modifications or the removal thereof rectified prior to the end of the Term.
4.1.8 Operate the Vehicle in a manner which causes or is likely to cause unreasonable wear and tear to the Vehicle.
4.1.9 Operate the Vehicle in a manner inconsistent with this Agreement.
4.2 The Hirer must ensure that:
4.2.1 The Vehicle is not driven or parked in a reckless manner.
4.2.2 The Vehicle is locked and secure at all times when it is not in use.
4.2.3 No person interferes with any part of the engine, transmission, braking, suspension or other installed systems.
4.2.4 No person smokes inside the Vehicle (including vapour or electronic cigarettes).
4.2.5 The Vehicle is not driven on any unsealed surface.
4.2.6 The Hirer adheres to all relevant legislation (whether State/Territory or Federal) as introduced, repealed and/or amended from time to time.
5 Notifiable Events
5.1 As soon as practicable, and in any event, within 24 hours of the Hirer becoming aware of any of the following events, the Hirer must notify RAV of:
5.1.1 Any change of address or mobile number for the Hirer;
5.1.2 The Hirer being charged with any offence including but not limited to drink driving, drug driving or other driving-related offence;
5.1.3 The Vehicle being stolen;
5.1.4 The keys to the Vehicle being lost or stolen;
5.1.5 The Vehicle being damaged (other than fair wear and tear);
5.1.6 The Hirer’s licence being suspended or cancelled for any reason;
5.1.7 The Hirer being diagnosed with a medical condition that could affect his or her driving; or
5.1.8 Any other adverse event that could result in the Hirer being unable to drive
5.1.9 Any material change in circumstances of the Hirer that might reasonably lead to an increased risk of a claim being made for which the Hirer may seek an indemnity from RAV.
6 Breakdowns and Impounding
6.1 If any warning light is activated or if the Vehicle requires mechanical attention, the driver must stop driving immediately and contact either RAV or 24 hour Roadside Assistance. For the avoidance of doubt the Hirer is not relieved of any of the Hirer’s obligations under this Agreement, including obligations to pay sums owing in the event any warning light is activated or if the Vehicle requires mechanical attention.
6.2 The Hirer shall not arrange or undertake any repairs or towing without RAV’s prior authority except to the extent that repairs or towing are immediately necessary to prevent further damage to the Vehicle or to other property.
6.3 Approved repairs that either fall within the items in clause 15 or are under manufacturer’s warranty will be paid by RAV, provided the Hirer was not responsible for the damage. All authorised repairs must be arranged and authorised by RAV.
6.4 If the Vehicle becomes unfit to drive due to a breakdown that was not the fault of the Hirer (or the Additional Driver), RAV in any case will attempt to provide the Hirer with an alternative vehicle. The vehicle shall be made available at a RAV branch, not the breakdown location and will only be provided to the Hirer upon the satisfaction that the damage was not caused by an Accident. In this event the Hirer shall remain liable for payments under this Agreement and no replacement vehicle shall be provided by RAV.
6.5 If the Vehicle is impounded by law enforcement, council enforcement, or towing provider, the Hirer shall remain liable for payments under this Agreement and no replacement vehicle shall be provided by RAV.
7 Fuel
7.1 The Hirer is responsible for the cost of fuel used during the hire.
7.2 Upon return, surrender or re-possession of the Vehicle, the Vehicle must be returned with a full tank with the correct fuel (whether diesel or petrol of the appropriate octane rating).
7.3 The Hirer will ensure the correct fuel is used for the Vehicle, whether diesel or petrol of the appropriate octane rating. The Hirer is liable for any damage caused to the vehicle as a result of incorrect or contaminated fuel.
8 Tolls and Infringements
8.1 The Hirer is responsible for attaching an Etag and to pay for any incurred tolls.
8.2 In the event that RAV receives an Unpaid Toll Notice relating to the period the Vehicle was on hire, an administration fee will be charged in addition to the toll fee.
8.3 In the event that RAV receives notice of a speeding, parking or other traffic infringement relating to the period the Vehicle was on hire, RAV will complete a statutory declaration nominating the Hirer as the driver of the Vehicle and an administration fee will be charged
9 Payment of Charges
9.1 Within 30 days of the end of the Hire Period you must pay us:
9.1.1 Any rental charges payable under the Rental Agreement, if applicable
9.1.2 Any other charges applicable under this Agreement
10 Vehicle Condition
10.1 Upon termination of this Agreement the Hirer acknowledges that he or she is responsible for ensuring that the Vehicle is returned to RAV in the same condition as it was rented to the Hirer allowing for what is deemed by RAV to be fair wear and tear in accordance with the Australian Finance Industry Association Fair Wear and Tear Guide Summary (found on page 6 at http://www.afla.com.au/downloads/FairWear&TearGuide.pdf). The Hirer accepts that failure to do so will result in RAV being authorised to direct debit the reasonable cost of returning the Vehicle to the same condition as it was rented to the Hirer subject to fair wear and tear.
11 Hirer’s Liability for Damage and Cleaning
11.1 Except to the extent such damage is covered by the Loss or Damage Cover, the Hirer is absolutely liable for any damage irrespective of fault.
11.2 If the Vehicle is returned in a dirty condition that requires cleaning or de-odorising, the Hirer is liable for the full cost of this cleaning or repair and any consequent loss of use of the Vehicle.
12 Accidents
12.1 In the event of an Accident involving the Vehicle, the Hirer shall:
12.1.1 Notify RAV (by calling 1800 775 363) of the full circumstances as soon as practical; and in any event within 24 hours of the Accident;
12.1.2 Notify the police if required under the relevant road rules or if a third party involved in an Accident leaves the scene failing to provide their details (including drivers licence, name, address and insurer);
12.1.3 Whenever possible, record full details of all parties involved in the Accident, including but not limited to their full legal name, address, driver’s licence number, vehicle registration, vehicle make, owner and model, telephone number, insurer and policy or claim number. In addition, record details of all witnesses to the Accident and take photos of the accident site and damaged Vehicles if safe to do so;
12.1.4 Follow any reasonable direction provided by RAV in respect of conduct of the Hirer following the accident.
12.2 In the event of an Accident, the Hirer shall not:
12.2.1 Make any admission of liability;
12.2.2 Arrange or undertake any repairs or salvage without RAV’s prior authority.
12.2.3 Engage any towing service without express written authorisation by RAV except where required to do so by law.
12.3 In the event that an Accident renders the Vehicle unfit to drive:
12.3.1 RAV will make no refund for the unused hire period and will endeavour to provide a replacement vehicle subject to availability, which will only be provided to the Hirer upon the Excess Fee being paid to RAV and will be provided at RAV’s absolute discretion.
12.3.2 RAV shall not be responsible for the cost of transporting the Hirer and any accompanying passengers away from the accident location.
13 Loss or Damage Cover
13.1 Subject to payment of the Excess Fee and the provisions of this Agreement (including specifically but not limited to clauses 3, 4, 5, 10, 12, 13, 14, and 17) under the Loss or Damage Cover included with the hire of the Vehicle (subject to clauses 13.2 and 13.3 below), the Hirer and any Additional Driver receive cover in the event of an Accident:
13.1.1 In respect of any liability they might have to RAV in respect of the loss of or damage to the Vehicle and its accessories and spare parts and any other expenses of RAV including towing and salvage costs associated with the recovery of the Vehicle and its accessories and spare parts; and
13.1.2 To a cap of $10,000,000, in respect of any liability they might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the Vehicle. This indemnity does not apply to any property being transported in the Vehicle at the time of the accident.
13.2 Exclusions.
The cover set out in clause 13.1 above shall not apply where:
13.2.1 The driver of the Vehicle is under the influence of alcohol (being a blood alcohol content level greater than 0.05% or the legal limit, whichever is the lower) or any drug that affects his or her ability to drive the Vehicle;
13.2.2 The damage to the Vehicle has been caused or contributed to by smoking in the Vehicle;
13.2.3 The Vehicle is or has been used in committing an illegal or unlawful act (other than a traffic offence which does not automatically result in the loss of the Hirer’s Driver’s licence in the State or Territory in which the vehicle is situated;
13.2.4 The cover sought is in respect of damage to the undercarriage of the Vehicle;
13.2.5 The damage to the vehicle has been caused or contributed to by passengers to the Vehicle.
13.2.6 The cover sought is respect of damage caused to property or vehicles owned by the Hirer’s friends, family, work colleagues or employees.
13.2.7 The Vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the Hirer was aware or ought to have been aware of the unsafe or unroadworthy condition of the Vehicle;
13.2.8 The Vehicle is operated in contravention of clause 4.1 or 4.2;
13.2.9 The Vehicle is driven by any other person other than the Hirer;
13.2.10 The Vehicle (including its accessories and spare parts) is wilfully or recklessly damaged by the Hirer, or is lost as a result of wilful or reckless behaviour of the Hirer within their reasonable control;
13.2.11 The Vehicle is operated off-road or on any beach;
13.2.12 The Vehicle including its accessories and spare parts is damaged as a result of submersion or driving through any body of water.
13.2.13 The Vehicle is operated outside the Term;
13.2.14 The Vehicle is operated above the climatic snow line as it varies on a seasonal basis.
13.2.15 The Vehicle (including its accessories and spare parts) is damaged by any item carried outside the Vehicle, such as a surfboard or bicycle;
13.2.16 The Vehicle is otherwise driven in contravention of any insurance policy covering the Vehicle.
13.2.17 The Hirer has made a material, false disclosure or non-disclosure in respect of the Agreement whether or not such disclosure or non-disclosure was deliberate.
13.2.18 The Hirer has made a material, false disclosure or non-disclosure in respect of any accident in which the Hirer or the Vehicle is involved whether or not such disclosure or non-disclosure was innocent.
13.2.19The Hirer has fallen asleep or is asleep in the Vehicle during or immediately preceding the Accident.
13.3 Actions which may reduce the Hirer’s Cover
The cover set out in clause 13.1 above shall be reduced to the extent that RAV suffers prejudice as a result of the act or omission of the Hirer (such prejudice may be so significant as to reduce the cover to zero) where:
13.3.1 Any exclusion set out in clause 13.2 hereof would apply but for the fact it is found to be unenforceable or unlawful.
13.3.2 The Hirer fails, without Reasonable Excuse, to record and provide to RAV within 24 hours of an event which gives rise to a right of the Hirer to seek cover under the Loss and Damage Cover (Insured Event), full details in respect of all parties involved in the circumstances giving rise to the Insured Event including but not limited to their full legal name, address, driver’s licence number, vehicle registration, vehicle make and model, telephone number, insurer and policy or claim number, along with details of any independent witnesses to the accident and photos of the accident site and damaged Vehicles if safe to capture.
13.3.3 The Hirer fails, without Reasonable Excuse, to pay the Excess fee, within 48 hours of the occurrence of the Insured Event.
13.3.4 The Hirer fails, without Reasonable Excuse, to notify RAV of any Notifiable Event within 24 hours of the Notifiable Event occurring.
13.3.5 The Hirer engages, unless required to do so by law, a tow service without the express written approval of RAV.
13.3.6 The Hirer fails to provide all co-operation reasonably required to permit RAV to assess the Claim and pursue and recover any monies owing in respect of the Claim including but not limited to provision of written evidence, diagrams and statement and attendance at Court as a witness should such attendance be required.
14 Excess Fee
14.1 In the event of a claim against the Loss and Damage Cover in respect of an Insured Event, the Excess Fee is payable in respect of each and every individual claim made pursuant to the Loss and Damage Cover.
14.2 In the event the Hirer opts to pay the Excess Reduction Fee, the Hirer will be liable for the Reduced Excess Fee.
15 Maintenance Inclusions and Roadside Assistance
15.1 For the avoidance of doubt the Hirer is not permitted to undertake any maintenance to the Vehicle of any kind.
15.2 It is the Hirer’s responsibility to safely retain the keys to the Vehicle.
15.3 RAV will provide the Hirer with Roadside assistance for the term of this agreement.
16 Liability, Indemnity and Release of RAV
16.1 The Hirer hereby indemnifies and shall keep indemnified RAV and its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by the Hirer by reason of the Hirer’s use and/or possession of the Vehicle.
16.2 The Hirer acknowledges that RAV relies on the truth of the Hirer’s representations in this Agreement.
16.3 Unless RAV is negligent or as required by law, RAV will not be responsible for, and the Hirer releases RAV, its employees and agents from liability for, any loss (including loss of profits), damage, costs or expenses which the Hirer incurs, or death or personal injury to the Hirer or any other person, as a result of the Hirer’s rental.
16.4 RAV gives no express warranties in relation to the Vehicle. Certain conditions and warranties are imported by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified. RAV acknowledges the potential application of the Australian Consumer Law to this Agreement, and nothing herein shall be construed as attempting to exclude the operation of that legislation to this Agreement.
16.5 Where RAV is permitted to limit its liability under applicable legislation for breach of any implied condition or warranty, RAV limits its liability to replacement, repair or re- supply of the Vehicle. All other warranties, conditions and obligations which may otherwise be implied are expressly excluded by this Agreement in their entirety.
17 Termination
17.1 RAV shall have the right to terminate the Agreement and repossess the Vehicle (and for that purpose enter any premises and remove the Vehicle) at any time, without notification to the Hirer, and the Hirer will pay reasonable costs of repossessing the vehicle, including towing charges, in any of the following circumstances:
17.1.1 The Hirer is in breach of any material term of this agreement, which shall include but are not limited to the items referred to in clause 4
17.1.2 The Hirer has obtained the Vehicle through fraud or misrepresentation;
17.1.3 The Vehicle appears to be abandoned or is not returned by the due date;
17.1.4 The Hirer is charged with drug/drink driving in the Vehicle;
17.1.5 The Hirer behaves in such a manner as to bring RAV into disrepute;
17.1.6 The Hirer permits the Vehicle to be used by any other person;
17.1.7 The Hirer violates any ride-sharing platform driver policies;
17.1.8 Not advising RAV of a Notifiable Event within 24 hours;
17.1.9 The Vehicle is driven outside the Permitted Area;
17.1.10 The GPS tracking device attached to the Vehicle is tampered with or removed.
17.1.11 RAV considers, on reasonable grounds, that the Vehicle is endangered.
17.2 The Hirer must return the Vehicle in the same condition it was in at the Start Date, subject only to fair wear and tear as is detailed in the Australian Finance Industry Association Fair Wear and Tear Guide Summary (found on page 6 at http://www.afla.com.au/downloads/FairWear&TearGuide.pdf) and as may be updated from time to time (the ‘AFIA Guide’) (though if there is any inconsistency between the AFIA Guide and this Agreement, this agreement will prevail to the extent of the inconsistency). Without limitation the Hirer must return all items supplied with the Vehicle including Logbook and Carjack.
17.3 Subject to fair wear and tear as detailed in the AFIA Guide, the Hirer will be responsible for any costs associated with the repair or replacement of any damaged or excessively worn vehicle tyres, brake pads and/or discs on the Vehicle.
17.4 The termination of the hire under this clause shall be without prejudice to the other rights of RAV under this Agreement or otherwise.
17.5 Termination of this Agreement for any reason shall not affect the accrued rights or liabilities of any party occurring prior to termination.
18 Personal injury, personal property and storage of property
18.1 To the maximum extent permitted by law, RAV does not accept any liability for:
18.1.1 Personal injuries sustained during the rental;
18.1.2 Damage or loss of the Hirer’s personal property;
18.1.3 Property belonging to any other person which is carried in the Vehicle.
18.2 In the event that the Hirer or any other person leaves any property with RAV for any reason this is entirely at that person’s own risk and RAV, to the maximum extent permitted by law, will not accept any liability for damage or loss for any reason whatsoever.
19 Claims against Third Parties
19.1 RAV is not responsible for any claims the Hirer may have against third parties for any damage or loss including the Hirer’s liability under this Agreement. RAV will at all times cooperate with the reasonable requests of its insurer
19.2 RAV will provide an invoice and receipt for any amount paid to RAV by the Hirer. RAV does not undertake to provide repair quotes, police reports, photographs or any other information to the Hirer or any other party unless required to do so by law.
20 General
20.1 Rights Cumulative
Unless this Agreement expressly states otherwise, the rights and remedies of a party provided in this Agreement are cumulative and do not exclude any rights or remedies provided by law.
20.2 No Merger
The rights and obligations of the parties:
20.2.1 will not merge on completion of any transaction under this Agreement; and
20.2.2 survive the execution and delivery of any assignment or other document entered into for the purpose of implementing any transaction contemplated by this Agreement.
20.3 Survival
Any clause which contemplates that a party has any rights or obligations after termination or expiry of this Agreement survives the termination or expiry of this Agreement.
20.4 Prohibition and Enforceability
The rights, duties and remedies granted or imposed under the provisions of this Agreement operate to the extent not excluded by law.
20.5 Any provision of, or the application of any provision of, this Agreement that is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
20.6 Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties with respect to its subject matter.
20.7 Independent Advice
The parties agree that they have had the opportunity to obtain independent legal and/or accounting advice in relation to the matters in this Agreement and have either entered into this Agreement.
20.8 Representations and Warranties
The parties agree that any warranties provided in this Agreement are relied upon by the other party.
20.9 Amendment
Subject to clause 30 hereof this Agreement may not be amended except in writing executed by the parties.
20.10 Assignment
The obligations under this Agreement are personal to the parties and may not be assigned or dealt with except with the prior written consent of each other party.
20.11 Relationship
Nothing in this Agreement creates a relationship of joint venture, partnership or employee and employer between the parties.
20.12 Severability Clause
In the event that any provision or portion of this agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of the Agreement shall be unaffected thereby and shall remain in force and effect to the fullest extent permitted by law.
20.13 Governing Law
This Agreement is governed by and is to be construed in accordance with the law applicable in New South Wales, Australia
20.14 Australian Consumer Law
20.14.1 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 any implied terms, guarantees or rights You may have under that law or any other Federal, State or Territory legislation.
20.14.2 To the extent permitted by law, our liability pursuant to any relevant Australian law is limited at our option to the replacement, repair, or re-supply of the vehicle for the remaining term of your rental or reimbursement of your Rental Charges.
20.15 Exclusive Jurisdiction
Each of RAV and the Hirer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales (and any Court of Appeal).
21 Recovery of Costs
21.1 In the event of breach of this Agreement by the Hirer, RAV may recover all costs and other amounts incurred in recovering sums owing under this Agreement. Such costs may include but are not limited to costs reflecting time spent by RAV’s employees or officers recovering monies owing, costs incurred by RAV in engaging third party debt collectors to recover monies owing or repossess the Vehicle, other debt collection costs, legal costs, Court fees and any associated liquidation or administration fees.
21.2 Any legal costs incurred by RAV in connection with or as a result of breach of this Agreement may be recovered on an indemnity basis, alternatively, if that is not permissible, on a special basis.
21.3 In the event that legal proceedings are commenced in the name of the Hirer for the recovery of any costs incurred as a result of the this agreement, the Hirer waives any entitlement to any legal costs recovered in the name of the Hirer and agrees that such legal costs shall be used in the payment of the costs incurred by RAV’s legal representatives.
22 Interest
The Hirer must pay RAV interest on any amount owing under this Agreement at the rate of 10% per annum from the date 7 days after the payment is due under this Agreement.
23 Credit Card Authorisation
23.1 The Hirer agrees that RAV may charge, and authorises RAV to Charge, the Hirer’s credit card for any/all fees and charges set out in this Agreement with such charges to include any sums which are owing or become owing to RAV by reason of a breach of this Agreement by the Hirer.
23.2 The Hirer agrees that the authorisation referred to in clause 23.1 shall survive the termination of this Agreement irrespective of the reason for the termination of this Agreement.
24 Disclosure and Use of Information
24.1 Any information about the Hirer (including personal information and confidential information) that is provided to, obtained by or generated by RAV:
24.1.1 May be used to assess credit and other relevant matters, enter into this Agreement and may be used in relation to other services provided to the Hirer under this Agreement;
24.2 May be used or given to any credit reporting agency, including in relation to:
24.2.1 Payments which may have been dishonoured and in respect of which recovery action has commenced.
24.2.2 Payments made that have been dishonoured;
24.2.3 The potential that the Hirer has committed a serious credit infringement; and
24.2.4 Such permitted particulars about the Hirer that allow the Hirer to be identified.
24.3 The Hirer agrees, subject to the requirements of the Privacy Act 1988 (Cth.) that:
24.3.1 RAV has informed the Hirer of the disclosure of information concerning it to a credit reporting agency and authorises such disclosures;
24.3.2 RAV may obtain a report on the Hirer’s commercial credit worthiness from a commercial credit reporting agency or a report on the Hirer’s personal credit worthiness from a credit agency at any time and from time to time.
24.3.3 If RAV considers it relevant to collecting overdue commercial payments or monitoring the Hirer, RAV may receive a credit report concerning the Hirer from a credi`t reporting agency.
24.3.4 RAV may disclose personal or confidential information to relevant insurer(s) in order to facilitate a claim on your behalf for the costs associated with hiring an accident replacement vehicle from us.
24.3.5 We may also disclose your personal information to:
24.3.5.1Any other persons relating to the accident
24.3.5.2Our related bodies corporate, agents, contractors, service providers or external advisers
24.3.5.3 Insurers, reinsurers, loss adjusters, assessors, investigators and underwriters;
24.3.5.4Any parties we consider necessary to facilitate a claim on your behalf
24.3.5.5We may disclose your personal information to overseas recipients who provide services and products to RAV and for administrative, data storage or other business management purposes
24.3.6 RAV may be required by law to disclose the personal or confidential information of the Hirer, and the Hirer authorises this or any other disclosure RAV considers it may be obliged or should provide in its reasonable discretion (but this does not require RAV to disclose any information of the kind referred in section 275(1) of the PPSA.
24.3.7 RAV may use or disclose any private or confidential information as otherwise permitted under the Privacy Act 1988 (Cth.) or related or similar legislation.
24.4 The Hirer approves the use of their personal information to compile a marketing database or otherwise use the personal data to market or promote other products and services provided by RAV, their associated companies or companies RAV partner with.
