Note: This document explains the official Rental Agreement in clear language, with additional explanations and examples to help customers and staff fully understand their rights and obligations.

1. Contract Structure & Legal Basis

Rental Agreement = Rental Document (signed by you) + these Terms & Conditions.
The agreement becomes binding from the date shown on the Rental Document.
It is governed by the Australian Consumer Law (ACL).

Risk Note: By signing, you are agreeing to all terms and conditions, even if you have not read them in full.

2. Key Definitions

Authorised Driver / Joint Renter: Driver listed on the Rental Agreement, your spouse, or your employer/colleague if driving for business purposes.
Collection Costs: Fees for collecting unpaid rental charges: legal fees, $150 admin fee, and debt collector’s fee (12% of amount owed).
Excess Amount: The insurance excess you must pay in case of damage or loss.
Excess Reduction: Optional product to lower the excess amount.
Loss Damage Waiver (LDW): Waiver that limits your liability for vehicle damage/loss to the excess amount.
Overhead Damage: Damage above the top of the door seal/windshield, or caused by items placed on the roof.
Rental Period: The period from vehicle pick-up to actual return.
Vehicle: The rented vehicle (or replacement) including all parts, components, accessories and equipment.

3. Driver Requirements

Only you and listed Authorised Drivers may drive the Vehicle.

Drivers must hold a valid driver's licence for at least 12 months (excluding learner or provisional licence periods).

Drivers must not have had their licence cancelled, suspended or disqualified within the previous three (3) years.

Drivers aged between 21 and 25 years may be accepted subject to approval and may be subject to an additional excess liability of AUD $3,000 per claim.

Risk Note: If an unlisted person drives and an accident occurs, you are liable for all costs.

4. Permitted Driving Areas

You may drive only on properly sealed, metalled, or well-graded gravel roads.
Prohibited or restricted areas (unless written permission is given):
- Islands: Kangaroo Island (daylight only), Fraser, Bruny, Tiwi, Groote Eylandt, Moreton, Stradbroke, and any offshore islands.
- Regions: Northern Territory, Tasmania, areas north of Carnarvon (WA), specific QLD roads (Chillagoe, Cooktown to Cape Tribulation, etc.)
- Snow areas: Above the snow line (NSW Jindabyne / VIC Bright) between June and September.
- Other: Beaches, rivers, flood areas, driving outside town limits at night (NT/WA restrictions).

5. Vehicle Use Rules

You and authorised drivers must:
- Not use the vehicle for illegal activities, racing, performance tests.
- Not carry more passengers than seat belts provided, or overload the vehicle.
- Not drive under the influence of drugs or alcohol.
- Not carry passengers for hire or reward (Uber, rideshare, unless approved).
- Not use a damaged or unsafe vehicle.
- Not transport hazardous or flammable substances without written approval.
- Not leave the vehicle unlocked or keys unattended.
- No smoking in the vehicle.
- No animals/pets in the vehicle.
- Must maintain oil and coolant levels and comply with seatbelt/child restraint laws.

The renter must refuel the vehicle strictly in accordance with the manufacturer’s fuel requirements.

Any damage caused by the use of incorrect or non-recommended fuel is not covered by insurance, and all related repair costs shall be borne

6. Maintenance & Safety

You must maintain oil and coolant to manufacturer standards.
Repairs must be pre-approved by HD CAR PTY LTD. Keep original receipts for reimbursement.
The car must be locked whenever unattended.
Vehicle condition at pick-up is recorded on the Rental Document.

In the event of any damage to the vehicle, the renter shall be liable for the assessed cost of repair, including but not limited to parts, labour, loss of use, administrative and handling fees, and any applicable depreciation or diminished value.

Such charges may be calculated based on standard industry repair quotations or reasonable market assessments, and are not limited to the final repair invoice.

The owner reserves the right to determine the method, timing, and provider of any repair, and the renter’s liability shall not be affected by whether the vehicle is repaired immediately, repaired at a later date, repaired by the owner, or not repaired at all.

GPS Tracking & Telematics

The Vehicle may be fitted with GPS tracking, dash camera systems and telematics devices for security, safety, theft prevention, fleet management and insurance purposes.

By renting the Vehicle, the Renter consents to the collection and use of such data.

Vehicle Inspection Evidence

Electronic Records

The Renter acknowledges that electronic records, including photographs, videos, GPS records, telematics data, electronic signatures, emails, SMS messages and messaging applications, may be used as evidence of the terms of this Agreement and any liability arising under it.

Photographs, videos, GPS data, telematics records, dash camera footage and inspection reports recorded before, during and after the rental period shall constitute prima facie evidence of the Vehicle's condition, location and usage.

In the absence of clear evidence to the contrary, such records may be relied upon by the Rental Company when assessing damage, liability, fees and charges payable under this Agreement.

7. Damage Liability & Insurance

Breach of Agreement

The Renter acknowledges that any protection product, Excess Reduction, LDW or Premier Cover does not constitute an insurance policy and is subject to the terms, conditions and exclusions of this Agreement.

 If the Renter breaches any term of this Agreement, any Loss Damage Waiver (LDW), Excess Reduction, Premier Cover or other protection product becomes void.

The Renter will be fully liable for all loss, damage, claims, costs and expenses arising from the breach, including but not limited to vehicle damage, third-party property damage, towing, recovery, storage, administrative fees, legal costs and loss of use.

Your default liability: You are responsible for all damage/loss to the vehicle and third-party property.
LDW protection: If purchased, your liability is reduced to the Excess Amount per incident.
You must always pay (not covered by LDW): The excess amount, tyre damage (unless normal wear & tear), damage caused deliberately or in prohibited areas, overhead/underbody/water damage, fuel contamination, lost keys.
You must also pay for: Repairs or market value (whichever is less), towing, recovery, storage, administration fees, and loss of use fee (downtime).

The vehicle condition recorded at the time of handover, including photos, videos and inspection records, will be used as the primary reference when assessing the vehicle upon return. Any dispute should be reported promptly and supported by relevant evidence where available.

Loss of Use

Loss of Use may be calculated based on:

(a) the Vehicle's average daily rental rate; or

(b) the actual loss of rental income reasonably suffered by the Rental Company,

whichever is applicable and supported by reasonable evidence.

Diminution of Value

The Renter shall also be liable for any diminution in the market value of the Vehicle resulting from accident history, damage records or repair history, regardless of whether the Vehicle has been fully repaired.

 The amount of such diminution may be determined using market evidence, valuation reports, trade-in assessments or other reasonable industry evidence.

Accident Reporting

The Renter must notify 86 Car Rental immediately and in any event within 24 hours of any accident, theft, loss, damage or incident involving the Vehicle.

The Renter must provide all information reasonably requested by the Rental Company, including photographs, police reports, witness details and insurance information.

Failure to report an incident within the required timeframe may result in any Protection Plan becoming void and the Renter becoming fully liable for all losses, damages and costs.

8. Fees & Charges

• Excess Mileage: As per contract
  Late Return: A$35+GST per 30 mins; >1 hr = full day charge
  Claim Handling / Administration Fee: A$150 + GST
  Unacceptable Cleaning Fee: A$50 – A$200 +GST
  Smoking Fee: A$150  admin fee+GST
  Fuel Replacement Fee: Actual fuel + $20 service+GST
  Improper Return Fee: A$500+GST
  Toll Admin Fee: $20  per notice+GST
  Fine Transfer Admin Fee: $95  per fine+GST

Including but not limited to tolls, fines, damages, cleaning fees, late return fees, recovery costs, or any other charges under the rental agreement like 

• roadside assistance
• loss of use
• admin fee
• towing
• recovery fee
• unpaid balance

We will notify You of all charges to Your Charge Card

 Administrative Fees

Any administration fee charged under this Agreement represents a genuine estimate of the administrative costs incurred by the Rental Company in processing the relevant matter.

Such fees are not intended to operate as a penalty.

• Delivery Service

  Any delivery or collection address entered during the booking process is a request only and does not constitute confirmation of delivery availability or pricing.

  Delivery and collection services are subject to location, availability, and additional fees. Delivery charges will be confirmed by 86 Car Rental based on the requested address.

  Addresses outside our standard service area may incur additional delivery and/or collection fees. Customers may alternatively collect the vehicle free of charge from our designated office location.

Where this Agreement requires the Renter to reimburse costs incurred by the Rental Company, such costs must be reasonable and directly related to the relevant incident or breach.

 Please complete the card verification using the link below (A$1 will be charged temporarily for verification).

This authorises us to charge the same card for any additional fees incurred during or after the rental if applicable, including but not limited to tolls, fines, damages, cleaning fees, late return fees, or any other charges under the rental agreement.

9. Payment

Security Deposit

Any security deposit held by 86 Car Rental may be applied towards any unpaid rental charges, damage costs, tolls, fines, administrative fees or any other amount payable under this Agreement.