Liability Conditions for ALL VEHICLES
Vehicles are protected subject to the terms of the agreement and are subject to the following excesses. These excess options are for drivers 21* and over and on ALL vehicle types.
*Additional conditions apply for Luxury vehicles.
Please refer to the images below to see a breakdown of the current coverage options
Your contract to hire a Vehicle from Us (Rental Contract) is a Standard Form Contract that comprises:
and together they create binding and enforceable legal obligations.
The Rental Contract is governed by the laws of the Commonwealth of Australia and the state or territory in which the Rental Agreement is signed and You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
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.
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.
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.
A breach of any part of this clause 2 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details
The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:
The Vehicle must not be driven by You or an Authorised Driver if either You or the Authorised Driver has been refused motor vehicle insurance or had a policy of motor insurance cancelled or declined by an insurer at any time prior to entering into the Rental Contract.
A breach of any part of this clause 3 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details.
The Vehicle must not be driven by You or any Authorised Driver:
You and any Authorised Driver must not:
unless the body of the phone is securely mounted in the Vehicle and its operation does not involve:
A breach of any part of this clause 4 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details.
Our primary focus is on ensuring We are supporting Your safety, and We limit where Our Vehicles can be taken because We know these areas have challenging driving conditions.
The interstate use restrictions in clauses 4.2(a)(i) and 4.2(b)(i) do not apply to:
The Vehicle must never be driven:
The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
The Vehicle must never be driven or used:
A breach of any of clauses 5.1, 5.7, 5.8, 5.9, 5.10, 5.11, or 5.12 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details.
is a Major Breach of the Rental Contract.
for Luxury Vehicles:
For first time renters We reserve the right to process an increased Pre-Authorisation in some locations and if You reside within 100 kilometres of the Rental Location that the Vehicle is being collected from and Your booking is not associated with a corporate account, insurance replacement vehicle or booking for a Commercial Vehicle, additional identification and payment requirements will apply to Your rental, in which case You will be required to produce;
You must comply with all mandatory:
You and any Authorised Driver must take reasonable care of the Vehicle by:
You must not:
You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator unless You or a passenger has been injured and require medical attention or You are directed to do so by the police or emergency services.
We will provide a vehicle in the category You have selected but this does not guarantee a particular make and model of the Vehicle.
Extra charges will apply if any of these services are provided at Your request.
and You are liable for any Damage caused.
Subject to The Australian Consumer Law, We are not responsible for:
A breach of any of clause 7.2 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details.
A breach of any of clauses 8.3(a) or 8.3(d) is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details.
If We have given Our approval for Our Vehicles to be use on a Commercial or Industrial Site, that use is subject to the additional conditions in this clause 8.
There is no insurance cover or Damage Cover for Vehicles used on a Commercial or Industrial Site so that whilst We retain ownership of the Vehicle all risk for the Vehicle passes to You on delivery and all Vehicles used on a Commercial or Industrial Site must be self-inured pursuant to clause 12.
You will not have to pay the Damage Excess shown in the Rental Agreement for a claim for Damage or Third Party Loss if all of the following apply:
Our Limited Liability Reduction Package provides:
This additional package allows the Vehicle to be driven on sealed roads above the Snow Line.
Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:
Your entitlement to Damage Cover will be reduced to the extent We are prejudiced as a result of any delay or failure by You or any Authorised Driver to comply with Your obligations under clause 12 and/or clause 16 of these Terms and Conditions.
There is also no Damage Cover for personal property in the custody of or owned by:
that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Station.
You must
You indemnify Us and agrees to keep Us indemnified against any loss, claim, damage, liability, action or legal proceedings and all costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) in connection with the insurance of the Vehicle, including any claim for Damage to a Vehicle and any claim brought for Third Party Loss arising from an Accident that occurs during the Rental Period.
If the insurer of the Policy refuses to accept an insurance claim:
The Rental Agreement shows:
At the End of Rental You must also pay for all amounts owing pursuant to clause 17.1(b) and any amount payable under the Rental Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable.
If the Vehicle is returned to Us in an excessively dirty state, the Vehicle Interior is soiled or there is an offensive smell, including as a result of a breach of clause 5.5 You will be charged a cleaning and deodorising fee of up to $300 and any Loss of Use.
All payments by credit or debit card incur a payment surcharge of 1.4%.
If any amount is due to Us or remains unpaid, including the Damage Excess payable under clause 9.1(b) or the cost of items not covered by the Liability Reduction Package You selected, by signing the Rental Agreement You authorise Us to debit Your debit/credit card with that amount within a reasonable time after the End of the Rental.
This option:
but does not apply to same-day bookings (i.e. walk-in bookings created at the counter, or bookings made today for collection today).
This option:
You may add one additional driver to Your booking free of charge. All subsequently added drivers will be charged at $20 per driver per booking.
Number plate recognition is used to identify the Vehicle when it is used on a toll road and is linked to Your reservation.
We do not allow domestic pets to ride in Our Vehicles, but do allow accredited or trained assistance animals.
A breach of any part of this clause 16 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details.
If You or an Authorised Driver have an Accident You and the Authorised Driver must:
Subsequent to the Accident or theft You and any Authorised Driver must:
You and any Authorised Driver must not:
Your entitlement to Damage Cover will be reduced, including to nil, according to the extent We are prejudiced as a direct result of any delay in complying with:
Acting reasonably, We reserve the right not to replace the Vehicle if it is involved in a major Accident or there has been substantial Damage to it and a replacement vehicle is always subject to availability.
At the End of the Rental You must:
You and any Authorised Driver commit a Major Breach of the Rental Contract if:
that causes Damage, theft of the Vehicle or Third Party Loss;
If You or any Authorised Driver:
You and any Authorised Driver have no Damage Cover and are liable for:
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:
If the Rental Contract is terminated:
We may terminate the Rental Contract if:
You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.
You acknowledge that:
A breach of any part of this clause 21.2(c) is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may allow the Vehicle to be repossessed. See clause 18 for further details.
You may provide Your own portable hand controls for use in Bargain Car Rentals Vehicles (this includes equipment hired via a third party), subject to these conditions:
Note: Bargain Car Rentals does not provide vehicle modification equipment but does permit the use of this equipment in our vehicles. Bargain Car Rentals does not accept responsibility and is not liable for costs or replacement of any equipment used in Our vehicles in the event of damage, loss or theft of that equipment.
If You wish to dispute a damage related claim, please email our Claims Department at claims@bargaincarrentals.com.au with Your rental agreement number, description of the problem and any supporting relevant documentation. We will endeavour to provide a response within seven (7) working days.
If You would like to make a formal complaint, please fill out the form here. We will endeavour to provide You a response within seven (7) working days.
For all US customers, by signing Our agreement You also agree to the terms of Our Addendum that You can view here.
Special offers, discounts codes and any other promotions or offers provided by Us can be withdrawn at any time without notice and cannot be used in conjunction with any other offer.
In these Terms and Conditions:
Accident means an unintended, unexpected and unforeseen incident, including:
that results in Damage or Third Party Loss.
Administrative Fee means a fee of up to $65 including GST for the administrative costs associated with Your rental.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.
Commercial Vehicle means a Vehicle that is a van, utility, truck or bus that is constructed and used for the carriage of goods or property or for the transport of more than 12 persons including the driver.
Damage means:
and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair Wear and Tear.
Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 9, subject to the Damage Cover Exclusions in clause 11.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered.
Damage Report Form means the document You must complete and submit to Us if there is Damage to the Vehicle or it has been stolen.
End of the Rental means the date and time shown in the Rental Agreement when the rental ends and by which date and time the Vehicle must be returned to Us.
Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the time of the inspection.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen and not recovered and is additional to Your Damage Excess liability in the event of an Accident or theft and additional to Your Damage liability if there has been a Major Beach.
Luxury Vehicle means one off Our fleet of European vehicles with premium features and amenities, as shown on the Rental Agreement
Major Breach means a breach of any of the clauses listed in clause 18.1.
Commercial or Industrial Site means any non-residential site We approved prior to the Start of the Rental where commercial, construction or industrial activities are carried on and includes but is not limited to mine sites, wind farms and civil construction sites, including processing plants and infrastructure associated with, or connected to, commercial or industrial activities at that location.
Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
caused by:
Personal Information has the same meaning as in the Privacy Act 1988 (Cth).
PPSA means the Personal Property Securities Act 2009 (Cth).
Pre-Authorisation means a temporary transaction where a set amount of funds from Your credit card or debit card is put on hold. The funds are frozen in Your account in the event We need to process payment for Damage, or any outstanding charges after the return of the Vehicle, such as traffic infringement fees, fines and tolls.
Privacy Policy means Our Privacy Policy available here.
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Rental Location means the location from which the Vehicle is rented, as shown on the Rental Agreement.
Single Vehicle Accident means a collision between the Vehicle and another object when no other moving vehicle is involved and includes impacts with animals, roadside infrastructure, buildings, rollovers and impacts with any stationary object including other parked vehicles.
Snow Cover means the additional cover that allows the Vehicle to be driven on sealed roads above the Snow Line.
Snow Line means:
Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.
The Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Tool of Trade means use of the Vehicle for excavating, digging, grading, scraping, drilling, lifting, pumping, spraying, vacuuming and other mechanical work, other than for:
Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle or Luxury Vehicle described in the Rental Agreement and includes its parts, tools, components, electric vehicle batteries, accessories, keys, keyless start or remote door control device, audio equipment, GPS Tracking Device, child restraints, spare tyre and first aid kit (if fitted) and includes any replacement Vehicle.
Vehicle Interior means coverage related to:
We, Us, Our, means Bargain Car Rentals Australia Pty Ltd ABN 34 115 153 930 or if the Vehicle is a Luxury Vehicle means Eden Rose Investments Pty Ltd trading as U R Drive ABN 26 638 810 465.
Wear and Tear means the normal deterioration of a vehicle due to everyday use. See our Wear and Tear Guide here for more information.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.
In these Terms and Conditions, unless the context otherwise requires: