This Rental Agreement is made between ''Feel Like Own Car rentals Pty''( The company) and ''You'' (the hirer) on the date shown on the Rental Document You have signed in respect of the Vehicle ("Rental Document"), and is made up of that Rental Document and these Terms and Conditions.
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
"Authorised Driver / Joint Renter" means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.
"Rental Period" means the period commencing on the date shown on the Rental Document and ending on the date that You return the vehicle.
''Rental Charges' means the rental fees, and all associated costs, and charges specified on the Rental Document or payable under this Rental Agreement;
"Substitute Vehicle Insurance" means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
"Vehicle" means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by us
"You" or "Your" refers to the person(s) with whom the Rental Agreement is made.
'‘Accessory' means any equipment set out in the Rental Document, such as GPS, child restraint, booster etc
'' Debt recovery Costs’ means all reasonable costs of collecting unpaid Rental Charges including any legal costs administration fee of $30, debt collection agent’s fee equal to 10% of the unpaid Rental Charges.
''Late Fee'' means a charge of $30 payable by You if You do not return the Vehicle on the date and by the time shown on the Rental Document or unless otherwise agreed.
''Overhead Damage'' means damage to the Vehicle or property of any third party caused by the Vehicle coming into contact with anything above the top of the door seal and the top of the front and back windscreens;
''Roadside Assistance Cover'' means, subject to clause 3.1 and 4.1, you are covered for any mechanical breakdown or minor problems such as run out of fuel, flat tyres etc that falls under NRMA premium care cover.
Call:1300369349 and Give them Our membership details:
Account Name: Feel Like Own Car rentals Pty
"Your Consumer Rights" means your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law, which cannot be excluded, restricted or modified by this Rental Agreement.
1.1 You agree, acknowledge and warrant that:
(a) Only You or an authorised driver will drive the Vehicle
(b) both You and an authorised driver hold Australian Full licence for a period of 12 months or longer (excluding any time under a learner's permit or a provisional licence )
(c) driver must be between 25 years and 75 years of age
(d) You and an authorised driver have not had Your driver’s licence cancelled, endorsed or suspended within the last 3 years.
(e) You are responsible for the acts and omissions of an authorised driver or any other person you allow to drive the Vehicle. If You allow an unauthorised driver to drive the Vehicle, you will not have the benefit of the Loss Damage Waiver option or Excess Reduction option and is liable to pay for the damages whatsoever.
2. Area of driving restriction
2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
2.2 You and any Authorised Driver must not, drive or take the Vehicle:
(a) to any island off the coast of Australia (including, but not limited to, kangaroo Island, Fraser Island, Magnetic Island, Stradbroke Islands or Moreton Island):
(b) in Queensland:
(1) on Highway No.27: beyond Chillagoe in a Westerly direction;
(2) on Highway No.1: beyond Normanton in a Southerly direction and no further North than Karumba
(c) to Jindabyne, Selwyn, Snowy mountains, Perisher valley in New South Wales from the beginning of June until the end of September.
(d) Mt Buller, Falls Creek, Mt Hotham, Bright in Victoria from the beginning of June until the end of September
(e) into or out of the Northern Territory, Western Australia, and Tasmania
(f) on beaches or through streams, rivers, creeks, dams or floodwaters.
3. Use of the vehicle
3.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment or reward of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not, use the Vehicle to carry any inflammable substance
(h) not use the Vehicle in contravention of any law.
(i) not smoke in the Vehicle
(j) not carry any animal or pet in the Vehicle.
4. Maintenance, security and Safety of the vechile
4.1 You and any Authorised Driver must:
(a) maintain the Vehicle’s engine oils and engine coolant level to the manufacturer's specification specially when rented on a long term.
(b) keep the Vehicle locked and the keys under Your or the Authorised
Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
(d) maintain clean in and out. $40 (min) will be charged if you returned the car dirty ( exterior and interior).
(e) take reasonable care while driving or parking at night.
(f) make sure you keep your keys in a safe place all the time. Any lost or replacement keys will cost you $500.
5. Loss of property & damage waiver
5.1 Subject to this clause 5,and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause 5 does not apply to any damage or loss for which Feel Like Own Car rentals Pty is liable to You under this Rental Agreement.
Remember that references to the "Vehicle" include all of its parts, components, accessories and contents (see the definition of "Vehicle" in clause 1).
5.2 Subject to clause 5.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Authorised Driver; Feel Like Own Car rentals Pty
(c) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(ii) any driver of the Vehicle not mentioned in a Rental agreement
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used, in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any under body damage, and any resulting damage from that under body damage, to the Vehicle.
(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer.
(h) under any circumstances where the Vehicle and its keys are unsecured.
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Feel Like Own Car rentals Pty the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle
at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements
for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the
6. Return of the vechile
6.1 You must return the Vehicle to us:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.3);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise you will be charged $2.50 per litre to refuel the Vehicle).
(d) make sure you return other accessories (if any) with the Car at the end of the rental period.
(e) If You return the vehicle later than the time shown on the rental document, fees may apply. Let us know through phone or email if you expecting late. we may accept a maximum of 1 hour without a charge and then $10 applies per hour. we will wait a maximum of 4 hours and still haven't heard from you then the car will be reported as Stolen to the Police.
(a) You return the Vehicle on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay us standard rate for the Vehicle for the Rental Period.
6.3 we may request the immediate return of the Vehicle, or may re-take the Vehicle without notice, if the company reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay us any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
6.4 Feel Like Own Car rentals Pty reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.
7. Claim and proceedings
7.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing or in email to us
(c) not, without our written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit us or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that we may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, us in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Feel Like Own Car rentals Pty
(f) complete and furnish within a reasonable time any statement, information or assistance which the insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.
8.1 At the end of the Rental Period, You must pay Feel Like Own Car rentals Pty on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement plus speeding, parking and traffic fines and toll charges.
Note: An admin fee of $8 plus tolls will be charged if you have travelled on toll road upon returning the car.
An admin fee of $30 will be charged in the event that we received an infringement notice for a speeding, parking, or other traffic infringement . This fee is for managing your traffic offence notices.
(b) any amount for which You are liable to pay under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
8.3 Distance charges are measured from the Vehicle's odometer.
8.4 You authorise us to charge all money payable under the Rental Agreement to Your credit card . Any refund due to You will be transferred electronically to your Credit card after deducting all reasonable charges that occurred during the rental period.
8.5 If you default in the payment of any rental fees or charges to us, we may pass your information to a credit reporting body for some or all of the following reasons: to obtain a credit report about you; to allow the credit reporting body to create or maintain a credit information file about you; and to list your default and the debt on that credit information file.
9. Liability of the Company
9.1 Unless it is negligent the Company is not liable to any person, and You indemnify us for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental
(b) left in the Vehicle after its return to us.
9.2 Neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) (“the TPA”) or any other State or Territory legislation to the same effect.
9.3 If Your Rental Agreement is a contract for the supply of "recreational services" as defined by section 68B of the TPA or any comparable legislation, Feel Like Own Car rentals Pty has no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by the Company of any term implied by section 74 of the TPA or any comparable legislation.
10. Cancellation Policy
As we are discounted rental car company,
10.1 A minimum notice of 5 days is mandatory for cancellation during the busy season such as Christmas leading up to New year and Easter holidays. No refund failing to do so.
10.2 A minimum notice of 72 hours is compulsory for long School and Public holiday. Failing to do so will incur a 20% cancellation fee
10.3 A fee of $50 will apply for no Showup
10.4 A minimum of 6 hours notice for other times. Failing to do so will incur a 10% cancellation fee
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 You may terminate the Rental Agreement at any time for any other reason. No refund
13.3 If the Rental Agreement is terminated early for reason other than a breach by us, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
13.4 It is likely that You may cause damage to the Vehicle or harm to a person or damage to property through Your use of the Vehicle.
12.1 The Rental Agreement contains the whole agreement between the parties.
12.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
12.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
13. Presumptions and interpretation
13.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
13.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.