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Mark•September 2024•
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Copy link to clipboardcopy linkThis rental agreement is entered into between the Host and the Guest (each, a "party" and collectively, the "parties") for the rental of the Vehicle on the following terms and conditions (Terms and Conditions).
1.1The definitions and rules of interpretation in this clause apply in this agreement.
Accident | an unintended and unforeseen incident, including:
that results in Damage or Third Party Loss. |
Authorised | a person with a valid licence to drive in the jurisdiction the Vehicle is being driven in, who has been verified by Drive mate in accordance with its policies and notified to the Host as a driver of the Vehicle |
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 | the cover the Guest and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 5, subject to the Damage Cover Exclusions in clause 7. |
Damage Excess | the amount, including GST, up to which the Guest 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. |
Designated | the designated location at which the Vehicle is to be collected or returned to the Host by the Guest, or such other location as parties may agree. |
Drive mate, We, Us, Our | Drive mate Australia Pty Ltd ABN 19 640 421 496. |
Drop-off Time | the time and date of which the later of the parties have confirmed via the Platform the return of the Vehicle to the Host at the Designated Location. |
Guest | the person, whose particulars are set out in the Platform, who is renting or intending to rent a Vehicle. |
Host | the person, whose particulars are set out in the Platform, who has a Vehicle to rent on the Platform. |
Listing | the Vehicle that is listed on the Platform. |
Overhead |
caused by:
|
Personal | has the meaning given in the Privacy Act 1988 (Cth) |
Pick-up Time | the time and date of which the later of the parties has confirmed collection via the Platform of the Vehicle by the Guest from the Host at the Designated Location |
Platform | Drive mate's website (https://drivemate.au/) and/or its associated mobile applications. |
Policies | the policies imposed by Drive mate on Guests and Hosts from time to time, as set out on the Platform and in clause 5. |
Privacy Policy | Drive mate's Privacy Policy available at https://drivemate.au/privacy-policy |
Rental Period | the period of hire for the Vehicle as agreed between the parties via the Platform, or the date and time the Vehicle is returned to the Host at the Designated Location, whichever is the later. |
Serious Breach | a breach of any of the following:
|
Terms | these Terms and Conditions, the terms of use of the Platform, as modified or amended by Drive mate from time to time. |
Third Party Loss | loss or damage to third party property, including other motor vehicles and any claim for third party loss of income. |
Trip Price | the fees payable to Drive mate for the rental of the Vehicle by the Guest, as set out on the Listing, exclusive of any service fees or other fees payable to Drive mate or any other third party. |
Unsealed Road | 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 | a motor vehicle and registered with the relevant state road authority as being operated by a Host and listed on the Platform by that Host for rent. |
1.2Clause and paragraph headings shall not affect the interpretation of this agreement.
1.3A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
1.4A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
1.6Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment, and includes any subordinate legislation for the time being in force made under it.
1.8A reference to writing or written includes email.
1.9Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.1The Host shall hire the Vehicle to the Guest for the Rental Period, subject to the Terms.
2.2The parties agree that they shall at all times abide by the Terms and the prevailing Policies.
2.3The Vehicle shall at all times remain the property of the Host, and the Guest shall have no right, title or interest in or to the Vehicle (save the right to possession and use of the Vehicle during the Rental Period, subject to the terms and conditions of this agreement).
2.4 The risk of loss, theft, damage or destruction of the Vehicle shall pass to the Guest at the Pick-Up Time. The Vehicle shall remain at the sole risk of the Guest during the Rental Period and any further term during which the Vehicle is in the possession, custody or control of the Guest, until the Drop-off Time.
2.5The parties agree that they shall at all times, comply with any applicable laws or regulations, including any laws or regulations.
2.6For the avoidance of doubt, the parties acknowledge and agree that Drive mate is not a party to this contract and may only be a party to the extent that Drive mate facilitates transactions between the Host and the Guest. Otherwise, Drive mate does not hold any substantive rights or obligations under these Terms and when performing any action or function under the rental agreement, Drive mate does so as agent of the Host and it has no liability to the Guest or third parties for any of the actions or functions it performs on the Host's behalf.
3.1In consideration of the hire of the Vehicle to the Guest for the Rental Period, the Guest shall pay the Trip Price to Drive mate.
3.2The parties agree that the Trip Price shall be paid to the Host through the payment services offered via the Platform, in accordance with the Terms of Service and the related Policies.
3.3The parties acknowledge and agree to pay any additional fees set out in the Policies listed at https://help.drivemate.au/en, including any fees payable to the other party for additional mileage, late return, car breakdown or any other failure to comply with the Terms of Service/or the Policies.
3.4All payments to be made by either party under this agreement shall be made without withholding or set-off on account of disputes, counterclaims or for any other reason whatsoever.
4.1The Guest shall during the term of this agreement:
4.2During the term of this agreement, the Guest must not:
4.3The Guest shall during the term of this agreement:
4.4Unless specifically approved by the Host, the Guest must not:
Additional cleaning, disinfection and deodorising charges as set on the Platform will apply.
4.5The Guest must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority. An administrative fee applies if We are required to nominate the Guest as the responsible driver if any toll, fine or infringement is unpaid.
5.1Policies are set out on the Platform
5.2Vehicle cleanliness Policy
We expect hosts to provide guests with a clean car. In turn, guests must return the car in the same condition in which they received it or as close to clean as possible. If a guest does not want to accept a car because they find it to be unacceptably dirty, they should not begin their trip. Instead, they should contact Drive mate customer support so we can help them address the issue.
If a host receives a dirty car from a guest, they can charge the guest for cleaning fees.
Please relay to the vehicle cleanliness policy as seen at https://help.drivemate.au/en/articles/11045146-vehicle-cleanliness-policy for full detail and responsibilities.
5.3Pick up & Drop off policy
Taking pre- and post-trip photos are the key to a successful vehicle pickup and drop off.
At pick up:5.4Trip Cancellation Policy
Drive mate understands that Hosts and Guests can have a change in plan due to unforeseen circumstances. In that case, Drive mate wants to be fair to all parties involved. There are specific rules for cancellation depending upon the type of booking it is (regular or instant) and the time of cancellation (vs scheduled trip time).
Guests are responsible for the cancellation policy as set out on the website at https://help.drivemate.au/en/articles/11045096-cancellation-policy-guests
Hosts are responsible for the cancellation policy as set out on the website at https://help.drivemate.au/en/articles/11045418-drive-mate-host-cancellation-policy
5.5Fuel Policy
Both Hosts & Guests are required to adhere to and agree to the fees as set by the fuel policy which can be found at https://help.drivemate.au/en/articles/11045036-drive-mate-fuel-policy
5.6Wear & Tear Policy
Both Hosts & Guests are required to adhere to the wear and tear policy as set out at https://help.drivemate.au/en/articles/11044967-drive-mate-wear-and-tear-policy
5.7Late Return Policy
Both Hosts & Guests are required to adhere to the late return rules and fees as set out at https://help.drivemate.au/en/articles/11045383-late-returns-what-it-means-for-hosts-and-guests
6.1Standard Damage Cover is included in the Rental Charges.
6.2 Subject to these Terms and Conditions, the Guest will be indemnified for any Damage to the Vehicle, its theft and Third Party Loss but the Guest must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim unless:
6.3Unless the Guest has expressly authorised a charge to their credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to their credit card:
7.1Even if the Damage Excess has been paid, there is no Damage Cover, and the Guest is liable for:
7.2There is also no Damage Cover for:
8.1If the Guest has an Accident or if the Vehicle is stolen, the Accident or theft must be reported to Drive mate as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.
8.2If the Vehicle is stolen or if the Guest has an Accident where:
the Guest must also report the theft or Accident to the Police.
8.3If the Guest has an Accident they must:
8.4The Guest must not:
The Host hereby irrevocably and unconditionally represents and warrants:
10.1The Guest has consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Terms or the Policies excludes, restricts or modifies any implied terms, guarantees or rights the Guest may have under those laws or any other Federal, State or Territory legislation.
10.2Subject to clauses 10.1 and 10.3, neither party shall be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
10.3Nothing in this agreement shall limit or exclude any party's liability for:
11.1This agreement shall commence upon the confirmation of the Guest's booking of the Vehicle by the Host via the Platform, and shall continue until the Drop-Off Time, unless terminated earlier in accordance with this clause 11.
11.2A party may terminate this agreement by cancelling the trip via the Platform in accordance with the applicable Policies. This agreement shall terminate with immediate effect upon such cancellation. A trip cannot be cancelled during the Rental Period.
11.3This agreement shall be automatically terminated in the event that the trip for which the Guest has agreed to rent the Vehicle is cancelled by Drive mate.
11.4Termination of this agreement shall be without prejudice to the rights and obligations of the parties accrued up to the date of termination.
11.5Termination of this agreement shall not affect the continuation in force of clause 11 and any other clause of this agreement which is expressed or by its nature intended to continue in force notwithstanding termination of this agreement.
11.6Upon termination of this agreement:
12.1If the Guest:
the Guest:
12.2Acting reasonably, the Host may terminate the agreement and take immediate possession of the Vehicle if a breach of any part of sub-clause 12.1 has occurred.
13.1The Privacy Policy forms part of the rental agreement.
13.2By entering into the rental agreement the Guest represents to Drive mate that they have read and understood the Privacy Policy.
13.3 Each party acknowledges that as a result of this agreement, they may obtain Personal Information of the other party. Neither party shall, during and after termination of this agreement, without the prior written consent of the other party, use, disclose or retain such Personal Information beyond the purposes contemplated by this agreement or legal purposes.
13.4 Each party shall undertake reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks with respect to the other party's Personal Information.
13.5Each party shall at all times, comply with the provisions of the Privacy Act 1988 (Cth) in respect of the other party's Personal Information.
14.1 Neither party may assign, novate or sub-contract any of its rights or obligations under this agreement.
14.2No variation of this agreement shall be effective unless it is agreed between the parties in writing.
14.3A waiver of any right under this agreement shall be in writing. Such waiver shall apply only to the person to whom the waiver is addressed and the circumstances for which it is given. Any failure to enforce any provision of this agreement shall not constitute a waiver of such or any other provision. Unless specifically provided otherwise, rights and remedies arising under this agreement are cumulative and do not exclude rights and remedies provided by law.
14.4If any provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
14.5This agreement and any documents referred to in it constitutes the whole agreement between the parties and supersedes all previous arrangements, understandings and agreements between the parties relating to its subject matter. This clause is not intended to limit or otherwise affect the enforceability of the Terms of Use.
14.6 The parties agree that in the event any dispute arises out of or in connection with this agreement, they shall first submit the dispute to Drive mate for resolution, and shall co-operate, in good faith, with Drive mate to resolve the dispute. No party shall commence any proceedings before complying with this clause, other than where a party seeks urgent interlocutory relief.
14.7This agreement is governed by and will be interpreted in accordance with the laws of Victoria, Australia. Subject to clause 14.6, each of the parties submits to the non-exclusive jurisdiction of the Victorian Courts as regards any claim or matter arising under this agreement.
