Terms and Conditions

Gill Truck Rentals > Terms and Conditions

AGREEMENT TO HIRE RENTAL VEHICLE

In this agreement made between Gill Rental (the owner) and the hirer, it is acknowledged and agreed as follows:

1.Vehicle Description

1.1 The owner, Gill Rental, will permit the hirer to hire the motor vehicle described herein and referred to as the “vehicle.”

  1. Duration of Hire

2.1 The term of the hire shall be as set out in this agreement.

  1. Persons Who May Drive the Vehicle

3.1 The vehicle may be driven during the period of hire only by the persons named in this agreement and only if they hold a valid driver’s licence appropriate for the vehicle at the time of use.

3.2 Should the vehicle be driven by any driver who is not named in this agreement and the vehicle is damaged by that driver, the hirer becomes liable for all costs of salvage, repair, and any third-party damages. These costs shall become immediately due for payment (refer to clause 19 a-f).

  1. Payments by the Hirer

4.1 The hirer shall pay Gill Rental the sum incurred for the hire of the vehicle for the period specified in this agreement.

4.2 The hirer agrees to pay all overdue time charges at 25% of the daily rate relevant to the booking, to a maximum of 100% per day.

4.3 Should the vehicle be involved in an incident or accident, the hirer agrees to pay rental costs at the vehicle category utilisation rate for the period the vehicle is off the fleet for repairs. This applies to all insurance categories except Gold, or when the customer is at fault or when the customer fails to provide sufficient third-party contact details.

  1. In addition to the payment specified in clause 4.1, the hirer shall pay Gill Rental the sum detailed in this agreement for the insurance cover set out in clauses 14-19 of this agreement.
  2. In addition to the payment specified in clause 4.1, the hirer shall pay Gill Rental a distance charge at the rate detailed in this agreement per kilometre for every kilometre driven during the hire period, should this be applicable.
  3. The hirer shall be liable for all petrol, diesel, or other fuel (but not oil) used in the vehicle during the period. The hirer is required to refuel the vehicle just prior to return and maintain receipts to avoid refuelling charges.
  4. Should the vehicle not be returned full of fuel, a $6 per litre refuelling charge will apply, which includes an administration surcharge. Furthermore, if the wrong fuel is used in the hired vehicle, a further $1,000 will be charged.
  5. Should an infringement or non-payment of road toll notice be received during the period of hire and the infringement or toll charge is not paid by the hirer, a processing fee of up to $100 per infringement shall apply in addition to the infringement and/or toll fee cost. The hirer agrees to pay and authorise the processing and infringement fee (at the discretion of Gill Rental) charged to the hirer’s nominated credit card for all offences relating to:
  • A speeding offence;
  • A failure to comply with the directions given by a traffic signal;
  • A toll road offence; or
  • Parking in any portion of a road or in breach of any bylaw of a road.
  • Gill Rental will elect to apply for the transfer of the notice. Should this occur, the Issuing Enforcement Authority will forward the notice directly to the hirer, who can then respond directly to the respective authority upon receipt, and only the processing fee will be deducted on the hirer’s credit card.
  1. The hirer acknowledges that they must pay on demand from Gill Rental any amount they are liable for under the rental agreement, in respect of a breach of the agreement or for damage or loss to the vehicle or third-party property.
  2. Hirer’s Obligations:- The hirer or driver shall ensure that:
  • The water in the radiator and the battery of the vehicle is maintained at the proper level.
  • The oil in the vehicle is maintained at the proper level.
  • The tyres on the vehicle are maintained at the proper pressure.
  • The correct grade of fuel is put into the vehicle.
  • The vehicle is returned in a clean and tidy condition; otherwise, a cleaning fee will apply.
  • The vehicle warning lights are fully obeyed at all times.
  • They maintain all things necessary to keep and maintain the vehicle in its current state and condition (fair wear and tear accepted).
  • They comply with any applicable seat belt and child restraint laws.
  • They do not smoke in the vehicle or allow passengers to smoke in the vehicle; otherwise, a cleaning fee of $250 will apply.
  • They will not allow any pets in the vehicle at any point; otherwise, a cleaning fee of $250 will apply.
  1. Should any malfunction of the vehicle occur, or signs of overheating be noticed, the hirer must stop the vehicle immediately or they will be held liable for all repairs and consequential losses.
  2. The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use. The keys must always be under personal control, and the hirer must produce such keys if the vehicle is stolen.

Insurance

14. Insurance Excess and Fees

14.1 The hirer shall pay to the owner:

  • The amount of the insurance excess which applies for the vehicle (as shown on the front of this agreement) for every new accident/incident that occurs during the hire period.
  • A $75 Claim Administration fee for all damage claims unless covered by applicable LRI.
  • During the hire period, the Insurance Cover can only be used once for the damage that has occurred first. Once the Insurance Cover is used, the hirer’s Insurance Excess reverts to the Standard Insurance Excess. Also, the additional benefits of Insurance Cover no longer apply.
  • Such payment shall be immediately due once the owner is advised of any damage.

15. Payment and Credit Card Authorization Insurance Excess and Fees

  • 15.1 The hirer acknowledges and approves that any charges referred to in clauses 4 through 14 shall be debited to the credit card provided for all payments relating to this agreement. The hirer authorizes the owner to immediately (or at their discretion) charge the card for the excess applicable.
    15.2 Should the nominated credit card decline, the hirer shall immediately provide an alternative credit card or method of payment.

16. Indemnity and Liability
16.1 Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle are indemnified in respect of liability they might have to the owner. This includes loss or damage to the vehicle, its accessories, spare parts, and consequential loss of revenue or other expenses of the owner, including towing and salvage costs associated with the recovery of the vehicle.
16.2 Subject to the exclusions, the hirer and any driver authorized to drive the vehicle are indemnified to the extent of $250,000 in respect of liability for damages to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle.

Exclusions

The indemnities referred to in Clause 16 shall not apply where the damage, injury, or loss arises from:

  • The driver of the vehicle being under the influence of alcohol or any drug that affects their ability to drive the vehicle.
  • The vehicle being in an unsafe or un-roadworthy condition that arose during the hire, and the hirer or driver was aware, or made aware, of the unsafe or un-roadworthy condition of the vehicle.
  • The vehicle being operated in any race, speed test, rally, or contest.
  • The vehicle being driven by a person not named in Clause 3 of the agreement.
  • The vehicle being driven by any person who is disqualified from holding or has never held a valid driver’s license appropriate for that vehicle.
  • The vehicle being willfully or recklessly damaged by the hirer or any person named in Clause 3 or driving under the authority of the hirer, or being lost due to the willful or reckless behavior of any such person.
  • The vehicle being operated on any unsealed private or public road.
  • The vehicle being operated outside the term of the hire or any agreed extension of that term.
  • If the driver is charged with an infringement or offense due to an accident, the hirer’s liability increases to the replacement cost of the vehicle or a minimum of $5,000.

The hirer is liable in respect of the damage/loss referred to in the insurance cover unless the vehicle is driven in a careless, reckless, or dangerous manner. Hirers aged over 25 are liable for the first $5,000 of damage or loss; hirers aged 21-24 are liable for $6,000. Any incident that breaches the owner’s insurance cover, the hirer agrees they are liable for all costs incurred.Any driver under the age of 21 years cannot be insured. The hirer is liable for $5,000 when a single-vehicle accident occurs.

PLEASE NOTE –
Insurance Cover Exclusions apply as follows:

  • Vehicle rollover, water damage due to submersion, overhead/roof (anything above the windscreen/window line), and underbody damages. The hirer will be fully liable for any damage and other costs incurred.

17. Insurance Cover Options
17.1 Should the hirer not elect to take the Bronze, Silver, or Gold Insurance Cover at the commencement of the hire, it cannot be added to the agreement once the hire commences under any circumstances.

18. Private Property and Damage Liability
18.1 In the event of private property being stolen from or attempted to be stolen from the vehicle causing damage to the vehicle, the hirer shall be liable for any insurance excess applying to the vehicle or for the costs of repairs to the vehicle, whichever may be applicable.

19. Insurance Exclusions
Insurance does not cover the hirer or a third party for the following, and the hirer is fully liable for:

  • The cost of repairing overhead or roof damage (anything above windscreen/window line) caused by contact between the vehicle and objects overhanging or obstructing the path of the vehicle, or if damage is caused by persons placing objects on the roof of the vehicle.
  • The cost of repairing any underbody damage, and any resulting damage from that underbody damage, including mechanical damage to the vehicle.
  • The cost of repairing any water damage caused by the immersion of the vehicle in water.
  • Any damage caused to the vehicle with the use of tyre chains.
  • Any single-vehicle incident under any circumstances.
    19.2 The hirer acknowledges by signing this agreement that they are aware of all the exclusions and damages not covered by insurance and are immediately liable for payment.

Rejection of Insurance (if accepted by owner in writing)

20. Alternative Insurance
20.1 The hirer must satisfy the owner that they have adequate insurance cover comparable with the insurance cover offered by the owner.
20.2 The owner reserves the right to decline the rental of the vehicle to the prospective hirer. The hirer is to provide written proof of both policy coverage and payment of premium when they have nominated their own insurance cover.

21. Acceptance of Risk
21.1 The hirer accepts that if the vehicle is hired, it is at their own risk regarding loss or damage to the vehicle and any consequential loss.

Owner’s Obligations

22.Vehicle Condition: – The owner shall supply the vehicle in a safe and roadworthy condition.

23. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire unless otherwise stated in this agreement, these costs will be payable by the hirer.

24. Child Restraint
23.1 The owner shall, at the request of the hirer, provide an approved child restraint device and show the hirer how to install it in accordance with best practice. However, the owner will not install the device due to insurance restrictions. The final and ultimate responsibility of the hirer is to ensure they are satisfied with the fitment. Final responsibility for the safety of the passenger and the restraint rests solely with the hirer.

25. Tail-lift Devices
24.1 If the vehicle is fitted with a tail-lift device, the hirer acknowledges that they have received clear verbal instructions from the owner regarding its safe use and limitations.

26. Watertightness
25.1 While all care is taken by the owner to ensure watertightness of storage areas on the vehicle, it is the sole responsibility of the hirer to ensure that watertightness meets their intended use. The owner does not guarantee that vehicles are watertight.

27. Property in the Vehicle
26.1 Except as provided by law, the owner is not liable to any person, and the hirer indemnifies the owner, for any loss or damage to any property stolen from the vehicle or otherwise lost or damaged during the rental or left in the vehicle after its return.

28. Return of Property
27.1 The owner shall not be responsible for the state and condition of any property found in or on the vehicle after its return. Any person claiming the return of such property is required to furnish the owner satisfactory proof of ownership.

29. Mechanical Repairs and Accidents
29.1 If the vehicle is damaged or requires repair or salvage, whether due to an accident or breakdown, the hirer must notify the owner or the owner’s agent of the full circumstances by telephone as soon as possible.

30.The owner shall have 48 hours to repair or replace the vehicle in the event of a mechanical breakdown.

31. The hirer shall not arrange or undertake any repairs or salvage without the owner’s authority, except where repairs are necessary to prevent further damage to the vehicle or other property.

32. The hirer shall ensure that no person interferes with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension system of the vehicle.

33. The hirer is responsible for any punctures, tire, or rim damage that occurs during the term of the hire.

34. In the event of an accident or incident, the owner is not obliged to provide any refund for the unused hire period (including Insurance Cover, if applicable). Any replacement vehicle will be provided at the owner’s sole discretion. If a replacement vehicle is provided, any costs associated with supplying the replacement vehicle will be at the hirer’s expense and must be paid before the vehicle is supplied.

Use of the Vehicle

35. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the written acceptance of the owner.

36. The hirer shall not:

  • Sublet or hire the vehicle to any other person;
  • Permit the vehicle to be operated outside their authority;
  • Operate the vehicle or permit it to be operated in circumstances that constitute an offence under any law relating to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drugs;
  • Operate the vehicle or permit it to be operated to propel or tow any other vehicle, except a trailer which does not exceed the weight limits of the towbar and the vehicle;
  • Operate the vehicle in any race, speed test, rally, contest, for pace notes, or on any closed road or non-public roadway;
  • Operate the vehicle or permit it to be operated in breach of any Act, Regulations, or Bylaws relating to road traffic;
  • Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;
  • Drive or permit the vehicle to be driven by any person who does not hold a valid driver’s licence appropriate for the vehicle;
  • Use the vehicle to transport goods, except in compliance with all necessary approvals, permits, licenses, and government regulations, and in accordance with the vehicle manufacturer’s specifications;
  • Allow or permit the vehicle to be used for any illegal purpose;
  • Transport any animal inside the vehicle (except with the permission of the owner and subject to all necessary approvals, permits, licenses, and government requirements). An additional cleaning charge will apply;
  • Except with the owner’s written permission, use the vehicle to carry any flammable substance with a flash point of less than 23°C or any explosive or corrosive substances.

Return of the Vehicle

37. In the event the hirer wishes to terminate the agreement earlier than the date and time agreed, there is NO OBLIGATION to provide a refund for the balance of the hire period. Any refund or amendment to the hire rate is at the sole discretion of the owner. Vehicle hire charges are non-refundable and non-transferable.

38. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the owner or their agent at the location address detailed in the agreement or obtain the consent of the owner or agent to the continuation of the hire.

39. If the vehicle is left at any place other than the branch location, termination of the agreement shall only take place when the vehicle has been collected, returned to the branch location, and inspected. The hirer acknowledges that they shall be responsible for the vehicle until the time of termination.

40. Should the vehicle be returned dirty, the hirer shall be asked to clean the vehicle prior to the vehicle being inspected and checked. Otherwise, the vehicle shall be inspected and checked once the owner has cleaned the vehicle.

41. If the vehicle is returned to a different location other than specified on the agreement, a minimum penalty fee of $500 may be charged at the owner’s sole discretion in addition to the current daily rental rate.

42. If you return the vehicle to any place other than a branch location (including, but not limited to; airports, motels, hotels, hostels, private addresses), it will be deemed to have been returned only when the vehicle is returned to a branch location. The hirer will be responsible for the vehicle until such time as the vehicle is deemed to have been returned and the hire terminated. The hirer will be responsible for all additional charges which may apply.

Immediate Return of the Vehicle where Default or Damage

43. The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of their agreement or if the vehicle is damaged. The termination of the hire under this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.

44. Breaches of the rental agreement shall result in the hirer paying for:

  • All costs to rectify the vehicle to its original condition or replacement of the vehicle;
  • Loss of rental revenue to the owner;
  • Damage to third-party property, which is the hirer’s full responsibility;
  • All reasonable costs for towing, storage, and recovery of the vehicle.

Payment is due immediately upon demand from the owner.

Title and Security (Personal Property Securities Act 2009) (when applicable)

45. The hirer gives irrevocable authority to the owner or their representative to remove or repossess the vehicle from any premises occupied by the hirer or where the vehicle is located at any time after or before default by the hirer, or when the owner believes a default is likely to occur. The owner or their representative shall not be liable for any costs, damages, expenses, or losses incurred by the hirer or any third party as a result of this action unless by statute such liability cannot be excluded.

46. The following shall constitute defaults by the hirer:

  • Non-payment of any sum by the due date.
  • The hirer implies that they will not pay any sum by the due date.
  • The vehicle is seized by any creditor of the hirer or any creditor intimates that it intends to seize the vehicle.
  • The hirer is bankrupt, in liquidation, or a receiver is appointed to their assets.
  • A court judgment is entered against the hirer and remains unsatisfied for seven (7) days.
  • Any materially adverse change in the financial position of the hirer.

47. If the Credit Repossession Act applies, the hirer has the rights provided in the Act despite anything contained in this agreement.

Privacy Clause

48. The hirer acknowledges that the information provided on this form (“the information”) will be held by the owner and agrees that the information may also be held by:

  • The operator from whom the vehicle was hired;
  • Any company related to the owner.

49.The hirer agrees that the information may also be used for the purposes of:

  • Considering the market for the owner’s vehicles;
  • Making available information relating to the owner’s services, products, and services of any company related to the owner.

50. The hirer understands that unless advised in writing to the contrary, they have “opted-in,” and may request access to the information held by the owner and may request that the information be corrected if the hirer considers it to be wrong or request to opt-out.

Default Clause

51. The hirer undertakes to pay any monies owing in full on demand. In default of such prompt payment, the hirer undertakes to pay late payment fees of 2.5% per month, calculated daily on any amount outstanding, and to indemnify the owner and pay all costs and expenses on a solicitor and own client basis if legal action is necessary, and/or any collection agency fees the owner may incur in recovering overdue or outstanding amounts.

Retention of Goods and Personal Effects

52. The hirer agrees that if the vehicle is picked up by the owner or the owner’s representative when the hirer is in default of the agreement, all personal effects left in/on the vehicle may be held or sold to recover any costs incurred under this agreement.

Applicable Law

53. The law of Australia governs these terms and conditions of hire.

Dispute Resolution

54. If you believe that there has been an error in your account or if the amount charged is unreasonable, you must notify the Manager of the branch from where your hire commenced and submit within twenty (20) working days of your complaint in writing, providing exact details and any evidence in support of your complaint. As a result of the owner’s investigation, adjustments will be made if:

  • Your account has been incorrectly debited, the owner will respond by arranging to adjust your account by crediting your account and will notify you in writing.
  • Your account has been correctly debited, the owner will respond by providing you with reasons and furnish you with any evidence for this finding.

55. If you are still dissatisfied and have further queries, you must notify the owner in writing within seven (7) working days, and a meeting will be arranged as soon as practicably possible with management to resolve the dispute.

Refunds

56. The owner will pay any refund due by such method as the owner may reasonably choose.

GPS Units, Moving Equipment, Car Seats

57. The owner holds your request for GPS, moving equipment, and car seats with your reservation, but cannot guarantee availability until rental pickup.

58. The reliability of directions is subject to software provided by the supplier.

59. The hirer is responsible for all costs in the event of a lost, stolen, or damaged GPS navigation unit and/or any of its components.

60. The hirer agrees to release and hold the owner harmless for any GPS unit failures.

Credit Card Authorisation

61. The hirer/cardholder agrees and irrevocably authorises that if they have presented a credit card by way of bond or payment, any actual or consequential liability arising out of this agreement or any other agreement under the hirer’s name may be billed directly to this credit card. The cardholder’s signature will be deemed to have been made on the appropriate charge voucher.

Vehicles Covered by Breakdown/Roadside Assistance Service

62. A $200 fee will apply for use of the RAC breakdown callout service. This fee is reduced to $150 if Bronze, Silver, or Gold insurance is selected. This fee includes a 20km urban tow or 80km regional tow. Any further charges will be paid directly to the callout agent or recovered by the owner on behalf of the agent if it is determined to be the hirer’s error or non-mechanical fault. Example (but not limited to): lights left on, keys locked in the car, wrong fuel filled.

Cancellation Policy

100% of the total hire – If you cancel your reservation or if you fail to collect your vehicle, there will be a cancellation fee equal to 100% of the total hire amount. A credit may be held for future bookings with written agreement of the owner.

Amendment Policy

Free of charge – If you amend your reservation, there is no amendment fee. However, it may result in the rate booked being recalculated according to current rates.

The following is considered a booking amendment:

  • Change of name
  • Change to pickup and drop-off dates
  • Change to pickup and drop-off locations
  • Change of vehicle categories

Third Parties Cancellation Policy

For third-party websites and affiliated websites customers, special Terms and Conditions and Cancellation Policy apply. Please visit their website for more details.

NOTE: By virtue of clause 7 of this agreement, the cost of petrol, diesel, and other fuel (but not oil) used during the term of the hire is the responsibility of the hirer.