BMW

Lavish Car Rentals GC PTY LTD ABN 27 662 949 733

Hire Agreement will be provided in this section as well as a paper copy upon delivery of Vehicle. These Terms & Conditions are non-negotiable.

Lavish Car Rentals GC Pty Ltd ABN 27 662 949 733

Rental Terms and Conditions

1 Introduction

1.1 Rental Contract

Your contract to hire a Vehicle from Us (Rental Contract) comprises:

(a) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us;

(b) the Handover Inspection Report; and

(c) these rental Terms and Conditions (Terms and Conditions), and together they create binding and enforceable legal obligations.

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

1.3 Australian Consumer Law You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

1.4 Electronic signatures We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

1.5 Amending these Terms and Conditions We may amend these Terms and Conditions by providing You with 30 days’ notice in writing. If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period. 2 Who may drive the Vehicle?

⚠️​IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 11 for further details.

2.1 Authorised Drivers

(a) Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.

(b) Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.

(c) An extra fee of $99 applies for each additional approved Authorised Driver.

2.2 Age limits There is a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at least 25 and not over 75 years of age, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

2.3 Licence requirements

(a) You and any Authorised Driver must also have a current, full licence to drive the Vehicle which:

(i) You have held for a period of not less than one (1) year;

(ii) is issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);

(iii) appropriate for the class of the Vehicle; and

(iv) not subject to any restriction or condition.

(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

2.4 Cancelled and suspended licences The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:

(a) is cancelled or suspended, including as a result of an accumulation of demerit points; or

(b) has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.

2.5 False and misleading information The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver’s licence.

2.6 Prior insurance You must not have been refused motor vehicle insurance or had Your motor vehicle insurance policy cancelled within three (3) years of the Date of the Rental Agreement.

3 Prohibited Use

⚠️​IMPORTANT NOTICE A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 11 for further details.

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

(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;

(b) recklessly or dangerously; or

(c) whilst there is Damage to the Vehicle or it is unroadworthy or unsafe.

3.2 You and any Authorised Driver must not:

(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;

(b) use the Vehicle:

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, biohazardous, infectious, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) to propel or tow another vehicle, trailer or boat;

(iv) to carry or transport illegal drugs or substances;

(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes;

(vi) in racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or

(vii) in an unsafe or unroadworthy condition; or

(c) use a mobile phone:

(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or

(ii) to send a text message, video message, email or similar communication unless the Vehicle is parked.

3.3 You and any Authorised Driver must not:

(a) damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;

(b) modify the Vehicle in any way or make any alteration or addition to it and no decals, branding or logos may be applied or removed from the Vehicle;

(c) sell, rent, lease or dispose of the Vehicle; or

(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009. 3.4 You and any Authorised Driver must not use the Vehicle to carry:

(a) passengers for:

(i) hire, fare or reward, except under a private pooling arrangement; or

(ii) for rideshare or peer to peer purposes;

(b) more than the number of passengers for which the Vehicle is licenced; or

(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

4 Prohibited areas of use

⚠️​IMPORTANT NOTICE A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 11 for further details.

4.1 The Vehicle must never be driven:

(a) on an Unsealed Road;

(b) Off Road; or

(c) in any area where snow has fallen or is likely to fall.

4.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:

(a) roads that are prone to flooding or are flooded;

(b) beaches, sand dunes, streams, rivers, creeks, dams and floodwaters or any area exposed to saltwater;

(c) any road where the police or an authority has issued a warning;

(d) any road that is closed; and (e) any road where it would be unsafe to drive the Vehicle.

4.3 The Vehicle must never be driven or used:

(a) outside a radius of 250 kilometres from Burleigh Heads, Queensland;

(b) interstate; or

(c) onto any island that is off mainland Australia, unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement.

5 Your obligations

⚠️​IMPORTANT NOTICE A breach of any of clauses 5.5, 5.6, 5.7, or 5.8 is a Major Breach of the Rental Contract. See clause 11 for further details.

5.1 Start of the Rental

(a) At the Start of the Rental and before collecting the Vehicle You must:

(i) present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be made and kept by Us;

(ii) present Your passport if You are not an Australian citizen;

(iii) fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to leaving the Rental Station; and

(iv) pay the anticipated Rental Charges and the Security Deposit.

(b) Local delivery of the Vehicle within a 15 kilometre radius of Burleigh Heads can be arranged for a delivery fee of $99 (Gold Coast Airport included).

5.2 Security Deposit

(a) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You ten (10) business days after the End of the Rental provided that:

(i) all amounts due to Us under the Rental Contract have been paid, including toll road charges and refuelling costs;

(ii) the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;

(iii) there is no Damage to the exterior or interior of the Vehicle (except for reasonable wear and tear) or Third Party Loss;

(iv) the exterior and interior of the Vehicle are clean;

(v) the Vehicle has a full tank of fuel; and (vi) there has not been a Major Breach of the Rental Contract,

(b) If at the End of the Rental You fail to pay any of the amounts in clause

5.3 During Your rental During Your rental:

(a) You must:

(i) inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and

(ii) adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station.

(b) You must not:

(i) use the Vehicle for transporting any pets or animals, with the exception of accredited or trained assistance animals, unless specifically approved by Us;

(ii) consume or carry food or liquid in the Vehicle that is not in a properly sealed container;

(iii) smoke in the Vehicle (including the use of e-cig).