Terms & Conditions

1. DEFINITIONS

The following words have the meanings set out in these Terms unless the contrary intention appears:

• 24 Hour Contact Number means the 24 hour contact number stated on the Cover Page;
• Additional KM Charge means the relevant additional km charge for the Vehicle stated in the Schedule of Fees;
• Administrative Charges include tolls, Tollway Use Administration Fee, parking charges, parking fines, speeding fines and any other fines;
• Agreed Damage means minor damage to the Vehicle agreed by Us to have occurred prior to the Collection Date and as noted on the Cover Page;
• Agreement means the agreement between the Us and You regarding the provision of the Goods and Services, consisting of the Cover Page and these Terms;
• Authorised Person means the person(s) named on the Cover Page;
• Booking Date means the date that You are due to pick up the Vehicle;
• CCA means the Competition and Consumer Act 2010 (Cth);
• Collection and Return Time means between 9am to 5pm, 7 days a week;
• Collection Date means the date that You collect the Vehicle from Us;
• Cover Page means the front page of this Agreement;
• Credit/Debit Card Surcharge means the credit/debit card surcharge amount listed in the Schedule of Fees;
• Defect/s means any issues with the Vehicle which would make it unsafe or not roadworthy including an issue with the brakes, tires, steering, lights and airbags;
• Ending Time means the date You return the Vehicle to Us, in accordance with this Agreement;
• Fuel Refill/Replacement Rates means the rates in the Schedule of Fees;
• Fuel Type means the fuel type stated at on the Cover Page of this Agreement and otherwise shown on the Vehicle;
• Goods and Services means the provision of luxury car rental services including chauffer services; and Goods and/or Services has the corresponding meaning;
• GST has the meaning given in the GST Act;
• GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
• Hypercars means all vehicles listed on our Website as hypercars;
• Insolvency Event means You are bankrupt, going into bankruptcy, are unable to pay Your debts when they fall due, going into administration, a voluntary arrangement has been entered into with creditors, or a resolution is passed for your voluntary winding up;
• Late Fee means the fee charged by Us if You return the Vehicle after the Return Date as determined by Us from time to time;
• Maximum Km Allowance means the km allowance stated on the Cover Page of this Agreement;
• Our, Us, We means CBR Hypercars Hire Pty Ltd ACN 688 996 572;
• Our Representative includes any employee, agent, officer, director, auditor, adviser, partner, consultant or joint venturer of Ours;
• Parties means Us and You and Party means either Party (as the case may be);
• Professional Cleaning Fee means the professional cleaning fee listed in the Schedule of Fees;
• Rental Charges means the rental charges to You in relation to the provision of the Vehicle and/or the Goods and Services;
• Rental Period means the period commencing on the Collection Date and ending at the Return Date;
• Return Date means before 5pm on the date that We agree that You must return the Vehicle as stated on the Cover Page of this Agreement;
• Security Bond means an amount between $15,000 to $30,000, as advised by Us;
• Schedule of Fees means the schedule of fees located and accessible on our Website and otherwise as notified to You, as it exists from time to time;
• Smoking Fee means the smoking fee listed in the Schedule of Fees;
• Sportscars means all vehicles listed on our Website as sportscars;
• Supercars means all vehicles listed on our Website as supercars;
• SUVs means all vehicles listed on our Website as SUVs;
• Terms means the terms and conditions of this Agreement;
• Tollway Use Administration Fee means the fee of that name as listed in the Schedule of Fees;
• Vehicle means the vehicle rented to You and otherwise as described on the Cover Page;
• Vehicle Delivery Charge means the vehicle delivery charge stated in the Schedule of Fees;
• Website means http://localhost;
• Wheel Damage Charge means the charge of that name as provided for in the Schedule of Fees;
• You, Your means the Party to whom the Goods and Services are to be provided including any Authorised Persons.

2. ACCEPTANCE

You are taken to have expressly accepted and are immediately bound by this Agreement upon placing an online or telephone enquiry regarding the Goods and/or Services.

3. ACKNOWLEDGEMENT

You agree:

• You have read and fully understood the Schedule of Fees and this Agreement, and their nature and effect;
• these Terms apply to the provision of any Goods and Services by Us to You;
• You may not vary this Agreement without our written consent;
• these Terms prevail to the extent of any inconsistency with any other document or agreement between the Parties;
• We may from time to time, by giving You reasonable prior notice, vary these Terms.

4. RENTAL REQUIREMENTS

In entering into this Agreement, You warrant that:

• You hold a current and valid full Australian or international drivers license; and
• You are over the age of:
  1. 21 years if You rent a SUV;
  2. 25 years if You rent a Sportscar;
  3. 30 years if You rent a Supercar;
  4. 30 years if You rent a Hypercar;
  5. 21 years if You rent any other Vehicle not listed above.

You authorise and consent to Us verifying Your driving licence status, details and records with authorities.

We may refuse to allow You to drive the Vehicle:

• You hold a current and valid full Australian or international drivers license; and
• You are over the age of:
  1. if You are unable to present a current and valid full Australian drivers’ licence, for each Authorised Person;
  2. if You are unable to present a current and valid international drivers licence in English or if the international drivers’ licence is not in English, or is an official translation thereof in English, at the time of rental;
  3. if You have a driving-related conviction;
  4. if You do not meet our reasonable identity, security, driving licence or credit checks;
  5. if the name of the person set out in the booking confirmation does not match the name of the person collecting the Vehicle.

We reserve the right not to rent the Vehicle to You in our sole discretion.

5. COLLECTION AND RETURN

You must pick up or return the Vehicle during the Collection and Return Time.

At Our election we may pick up and deliever the Vehicle, at an additional cost to You. If We do, We may not pick up or return the Vehicle outside of the Collection and Return Time.

If You require the Vehicle to be delivered to You, You agree to pay the Vehicle Delivery Charge.

6. RENTAL CHARGE

You must pay the Rental Charge in full at the time of making Your booking.

At the time of making the Booking, You must provide us with Your credit card details.

You irrevocably authorise Us to charge Your credit card for:

• the balance of the Rental Charges (if We have not received payment of the Rental Charges in full);
• any amount you are required to pay pursuant to this Agreement;
• any other circumstance where it is reasonable for Us to charge Your credit card, including any Administrative Charges and unpaid monies in accordance with this Agreement.

Payment may be made in cash, electronic/online banking, or by any other method as agreed by Us.

Should any GST as levied under the GST Act and any other tax, fee, levy or duty imposed by any competent authority be payable on any of the Goods and Services supplied by Us, such tax, fee, levy or duty will be to Your account and shall be calculated using the rates and methods of assessment in force at the time of delivery.

7. SECURITY BOND

The Security Bond must be paid via bank transfer to Us in cleared funds, or You must provide a credit card for a pre-authorisation hold of the Security Bond, at least 2 days prior to the Collection Date.

If agreed by Us, You may pay the Security Bond via a credit or debit card on the Collection Date and You agree to pay the Credit / Debit Card Surcharge.

If We decide in our sole discretion not to make a claim on the Security Bond, We will return the Security Bond to You or unfreeze the Security Bond from your bank account within three (3) business days after the Ending Time.

8. REPAIR AND REPLACEMENT

You are solely responsible for the Vehicle during the Rental Period.

Any damage to or loss of the Vehicle shall be at Your own risk and cost entirely.

In the event, insurance will cover the damage or loss, You will be responsible for, and indemnify us against any excess or amounts We must pay.

In the event insurance does not cover the damage or loss You must pay for the total costs to repair or replace the Vehicle, and you indemnify us in relation to the same.

We are entitled to recover the cost of repair or replacement Goods, the Wheel Damage Charge (if relevant) and the cost of any damage or repair to the Vehicle, that occurs during the Rental Period.

In addition to any other right or remedy we may have at law or otherwise, We are entitled to claim in whole or in part the Security Bond and apply it towards cleaning cost and/or cost to repair or replace, the Vehicle and/or Goods if they are damaged during the Rental Period.

We are entitled to recover from You, any loss for breach of this Agreement, without being limited to the Security Bond.

9. PROFESSIONAL CLEANING

If We have reasonable grounds to believe that You or another person has been smoking in the Vehicle or the Vehicle is dirty, stained, soiled or in poor condition when returned, excluding fair wear and tear, You may be required to pay the Smoking Fee, Professional Cleaning Fee and any cost of repair or odour extraction reasonably incurred by Us.

10. CANCELLATION POLICY

Your booking is non-refundable. If You cancel Your booking, You agree to forfeit Your Rental Charge.

If We allow You to change Your Booking, You may be required to pay additional charges. Your new booking is confirmed only after You receive an email from Us containing Your new booking details and any charges that may apply.

If You do not collect the Vehicle on the Collection Date, You agree to forfeit Your Rental Charge.

11. RISK, PROPERTY IN GOODS

Risk in the Goods and Services supplied by Us to You will pass to You immediately when the Vehicle is collected. If You elect to have our driver, then on the Collection Date.

Without limiting clause 11.1, if the Goods are lost, damaged or destroyed by You or a third party during the Rental Period, then replacement or repair of the Goods shall be at Your cost.

During the Rental Period, You hold any Goods and/or Vehicle as bailee and fiduciary for Us.

If You are in breach of this Agreement, You irrevocably authorise Us at any time to enter onto any premises upon which Our Goods/Vehicle is stored to enable Us to recover the Goods/Vehicle.

You indemnify Us against any action claim or demand arising out of the exercise of Our powers under these Terms.

In the event of a default, We may without prejudice to any of Our other rights, demand the immediate return of the Goods at Your cost.

The Vehicle must be inspected by You upon pick up and You must inform Us of any Defects or Agreed Damage in the Vehicle which is not noted on the Cover Page. If You fail to do so, then You will be deemed to have agreed the Goods/Vehicle is in good working condition, without Defects or Agreed Damage at the time which they are handed to You.

12. ADDITIONAL DRIVERS

You are responsible for the acts and omissions of any person You allow to operate the Vehicle, including any Authorised Person/s and any persons not listed on the Cover Page as Authorised Person/s.

Notwithstanding clause 12.1, You must only allow Authorised Person/s to operate the Vehicle.

13. DEFAULT

If You fail to comply with Your obligations under these Terms:

• We may immediately require You return the Vehicle to Us at Your cost;
• the balance of any money owing by You shall immediately become due and payable by You;
• We shall be entitled to charge interest at 15% per annum calculated daily on any money due, owing and payable by You to Us.

14. TERMINATION

We may terminate this Agreement, or any part of it if You commit or suffer any of the following events:

• You fail to comply with any of Your obligations under this Agreement;
• You have not paid any amount You owe to Us on time, whether or not We have issued a written demand;
• an Insolvency Event occurs.

We reserve the right to terminate this Ageement for any reason effective immediately and to take immediate possession of the Vehicle.

The termination of the Agreement, or any part of it, will not affect the rights and obligations of the Parties accrued up to and including the date of termination.

If this Agreement is terminated during the Rental Period, You agree to immediately return the Vehicle to Us and pay any charges as required under this Agreement.

15. INDEMNITY

You indemnify Us, Our employees, agents and subcontractors against:

• all damages, losses, expenses and costs for any claims incurred by Us, whether directly or indirectly sustained, in relation to this Agreement or the Goods and/or Services;
• all reasonable costs and disbursements which We may incur in recovering any sums due to be paid by You to Us, including but not limited to, any debt recovery agency fees, court fees or legal fees on an indemnity basis.

This indemnity includes any claim by any third party for loss or damage to any property, injury or death of any person or economic loss arising out of or relating to the Goods and Services or delay in supply of the Goods and Services.

16. LIMITATION OF LIABILITY

Section 64A of the Australian Consumer Law contained in the CCA has the effect of enabling a corporation which has contracted to supply Goods, and Services, to limit its liability in certain circumstances for breach of a guarantee implied in the Act.

Subject to the qualification in Section 64A of the Act, Our liability for breach of a guarantee implied in Division 1 of Part 3-2 of the Act in the case of Goods or Services supplied to You, shall be limited to, in the case of Services, any one or more of the following:

• the supplying of the Goods and Services again; or
• the payment of the cost of having the Goods and Services supplied again.

Except as required by law and as herein provided all implied warranties and guarantees with respect to the Goods and Services supplied by Us to You including, without limitation guarantees as to quality, fitness for purpose, and sale by sample are excluded.

17. FUEL

You agree to return the Vehicle to us with a full fuel tank or at the same level as the fuel level at collection as stated on the Cover Page of this Agreement. If you fail to comply, this will be charged at the Fuel Refill/Replacement Rates.

You agree not to use any other fuel for the Vehicle other than 98 octane fuel from Shell, unless otherwise agreed by Us in writing.

18. KM ALLOWANCE

You agree not to exceed the Maximum Km Allowance.

You agree to pay the Additional Km Charge if you exceed the Maximum Km Allowance.

19. USE OF EQUIPMENT

You agree not to:

• smoke or vape in the Vehicle;
• bring pets onto the Vehicle;
• bring any food or drinks into the Vehicle;
• turn off traction control or put the Vehicle in race/track mode;
• drive the Vehicle off road or on the beach/on sand;
• drive the Vehicle in rivers or flood waters;
• drive the Vehicle on fire trails;
• drive the Vehicle in the snow;
• drive the Vehicle under the influence of drugs, alcohol or any impairing substances that exceeds the legal limits in the State or Territory which the Vehicle is driven;
• allow any individuals who are not named as the Authorised Person to operate the Vehicle;
• drive the Vehicle in a negligent or reckless manner including off road driving, racing, burnouts and drifts;
• use the Vehicle for illegal purposes or for purposes in breach of any laws or legislations;
• use the Vehicle for race, contest or performance test of any kind;
• carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;
• use the Vehicle to carry passengers for payment of any kind;
• use the Vehicle to transport equipment, machinery or retail goods other than items meant for personal use;
• overload the Vehicle by the number of persons or by the weight of the goods carried by the Vehicle;
• sell, rent or dispose of the Vehicle;
• register any interest in the Vehicle under the Personal Property Securities Act 2009;
• use a mobile phone when driving the Vehicle;
• leave the keys to the Vehicle in the Vehicle when it is left unattended;
• leave the Vehicle unattended following an accident or arrival of a tow truck;
• modify or make any alterations or additions to the Vehicle including installation of roof racks.

You accept that We, in addition to our other rights, may deduct Your Security Bond for the cost of the damage or repair of the Vehicle if You engage in any of the activities stated in clause 19.1.

You must keep the Vehicle locked and secure when it is unattended and take all reasonable precautions to safeguard the keys.

20. STATE OF REPAIR

You are responsible for the state of repair of the Vehicle during the Rental Period.

You agree that the Vehicle is free of any damage on the Collection Date, unless noted on the Cover Page, and it is otherwise Your responsibility to notify Us if there is any damage on the Collection Date.

You must return the Vehicle in the same condition as at the Collection Date, subject to fair wear and tear.

You must return the Vehicle to Us in clean and tidy condition.

If the Vehicle breaks down, You must:

• stop driving immediately;
• notify Us immediately;
• take all steps to prevent injury to any person or further damage to the Vehicle;
• not attempt to repair the Vehicle.

If the Vehicle is damaged or stolen as a result of Your negligence, You will be responsible for the repair or replacement of the Vehicle. You, in addition to any other rights We have, authorise Us to charge Your credit card, or deduct from the Security Bond, the reasonable cost to repair or replace the Vehicle as determined by Us.

You must not carry out repairs to the Vehicle unless We authorise You to do so in writing.

If We authorise You to carry out repairs to the Vehicle, You must obtain an original tax invoice from the repairer. We will reimburse You for the cost of the repairs provided that You have met these conditions and that We can verify the cost of the repairs. To the extent We cannot verify the cost of repairs, We will not reimburse You.

21. REPORTING AN ACCIDENT

If you are involved in an accident, You must:

• promptly report the incident to the local police;
• promptly contact Us at our 24 Hour Contact Number;
• report the incident in writing to Us within 24 hours;
• not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the incident;
• permit Us, or our insurers at their own cost to bring, defend, and enforce or settle any legal proceedings against a third party in Your name in relation to the incident;
• permit Us or our insurers to claim in Your name under any applicable insurance, and assist Us in making such a claim;
• complete and furnish to Us or our insurers within a reasonable time any additional statement, information or assistance which We or our insurers may reasonably require, including attending a lawyer’s office and at Court to give evidence.

22. VEHICLE DOWNTIME

If You have breached this Agreement and Your breach of this Agreement has caused the downtime of the Vehicle, You may be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime.

23. RETURNING THE VEHICLE

You must return the Vehicle to us at the end of the Rental Period or immediately upon termination of this Agreement, or at Our request.

You must return the Vehicle to Us at Our premises during the Collection and Return Time.

The Vehicle is not regarded as returned to Us unless Our employee has completed a Vehicle condition report, and obtained Your signature on that report; and all keys and security devices associated with the Vehicle have been handed to Us.

Leaving the Vehicle on Our Premises will not be regarded as returning the vehicle to us.

If You return the Vehicle to Us after 5pm on the Return Date, You agree to pay for the cost of renting the Vehicle for an additional day.

If You do not return the Vehicle on the Return Date or on any date advised by Us in writing then:

• You may be charged a Late Fee;
• after written communication with You and if the location of the Vehicle is unknown, We may report the Vehicle as lost or stolen to the police;
• You must pay Us all Rental Charges (including additional charges), for each additional day the Vehicle is not in our possession, and compensate Us in accordance for any loss We incur (including all reasonable additional costs incurred in recovering the Vehicle or because the Vehicle was not available for rental by others when due) up to the time that the Vehicle is recovered;
• We will use reasonable endeavours to mitigate any loss suffered under this clause 23.6.

24. LOST PROPERTY

We are not liable to any person for any loss of, or damage to any property left in the Vehicle by You or anyone else.

25. FALSE AND MISLEADING INFORMATION

You must take all reasonable steps to ensure that the information supplied to Us is accurate, complete and is not false or misleading.

You acknowledge the supply of false and misleading information is a breach of this Agreement.

26. USE OF PERSONAL INFOMATION

You acknowledge and agree to Our use of GPS and dash cameras in all vechiles.

We are committed to prompt and open communication with You to achieve the aims of this Agreement. Our privacy policy can be found at privacy policy.

27. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the law of the Australian Capital Territory.

28. ENTIRE AGREEMENT

This Agreement will constitute the entire agreement of the Parties.

29. SEVERABILITY

If any part of a provision of these Terms is unenforceable or illegal in a jurisdiction it is severed for that jurisdiction.

30. OUR RIGHTS

We reserves Our right to exercise any rights We have under this Agreement. Nothing in this Agreement places any obligation on Us whatsoever. Nothing in this Agreement entitles You to any offset, however occurring, including but not limited to, Our failure or delay to exercise any of Our rights.