Loan Vehicle Agreement

1. Vehicle Condition, Use & Return

• Care & use: Use the Vehicle safely and lawfully; lock and secure keys; use only on sealed public roads.
• Prohibited use: Do not use for rideshare, commercial passenger transport, driver training, competition driving, off-road driving, beaches, water crossings, or to carry dangerous goods. Do not tow unless prior written approval is given.
• Geographic limits: Travel is limited to sealed public roads within 100 km by road of the dealership address. No interstate travel. Travel outside the Permitted Area is a breach and may void cover.
• No smoking/animals: Smoking or carrying animals is prohibited. Cleaning/deodorising fees apply. See Fee Schedule.
• Fuel: Return at the same fuel level recorded at issue. Refuelling charges apply if underfilled.
• Return: Return on or before the due time to the stated location. Late return charges and relocation costs may apply.
• Keys/accessories: Loss or damage to keys, remotes, plates, or accessories will be charged. See Fee Schedule.

2. Drivers & Compliance

• Eligibility: Drivers must hold a current, valid licence for the Vehicle class, be legally permitted to drive, be minimum age 25, and have 12 months’ driving history.
• Additional drivers: Only the Hirer may drive the Vehicle.
• Alcohol/drugs: The Vehicle must not be driven under the influence of alcohol or drugs. If it is, the Hirer is liable for all loss.
• Fines & infringements: The Hirer is responsible for all traffic and parking infringements and consents to nomination and charging of amounts plus administration fees.

3. Insurance & Liability

Insurance

The Vehicle is insured under the Owner’s motor vehicle policy, which carries a high excess. The Owner may elect, at its discretion, whether to make a claim under that policy. Where the Owner elects not to claim, loss or damage may be resolved privately.

Hirer Damage Liability Amount

Subject to this clause, the Hirer is liable for loss of or damage to the Vehicle, theft, and third-party property damage arising during the Hire Period.

The Hirer’s liability is limited to:

• $3,000 per Incident, regardless of fault; or
• $0.00 per Incident if Excess Reduction has been purchased and is noted in Schedule 1.

This amount is payable for each Incident and applies to repair or replacement costs, towing, storage, recovery, loss of use, administration costs, and third-party property damage.

Excess Reduction Optional

If the Hirer purchases Excess Reduction at the daily rate specified in Schedule 1, the Hirer Damage Liability Amount is reduced to $0.00 per Incident.

Excess Reduction:

• Applies only if the Vehicle is used in accordance with this Agreement and the law;
• Does not apply where liability is unlimited under the Cover Void or Declined section;
• Is not insurance.

Owner Election Not to Claim Insurance

Where loss or damage is less than the Owner’s insurance excess or the Owner elects not to claim, the Hirer must pay the applicable Hirer Damage Liability Amount.

Cover Void or Declined — Full Liability Applies

The Hirer is liable for the full cost of loss or damage, including third-party damage, if:

• The driver is unauthorised or unlisted;
• The driver is affected by alcohol or drugs;
• The Vehicle is used recklessly, illegally, or off sealed roads where prohibited;
• The Vehicle is used outside the Permitted Area or for unauthorised commercial purposes;
• Keys are left unsecured or the Vehicle is not properly secured;
• The Hirer fails to stop or report an accident;
• The Vehicle is overloaded, mis-fuelled, or used to carry dangerous goods;
• The Vehicle is used contrary to this Agreement or insurance policy requirements.

Third-Party Property Damage

The Hirer is responsible for third-party property damage arising during the Hire Period. If the Owner’s insurer responds, the Hirer must pay the applicable Hirer Damage Liability Amount and cooperate with the claims process.

If the Owner elects not to claim, the Hirer must indemnify the Owner for such damage up to the Hirer Damage Liability Amount, or in full where liability is unlimited.

Owner Liability

Nothing in this Agreement excludes liability that cannot be excluded under the Australian Consumer Law. The Owner remains responsible for loss or damage caused by its negligence or failure to maintain the Vehicle.

Personal Property

The Owner is not liable for loss of or damage to personal property left in or on the Vehicle.

4. Incidents, Damage & Breakdowns

• Reporting: The Hirer must notify the Owner as soon as practicable and in any event within 24 hours of any Incident and complete an Incident Report.
• Police: Where required by law or where injury, theft, or significant damage occurs, notify police and obtain an event number.
• Evidence: Provide photos, third-party details, witness details, and any police details. Do not admit liability.
• Repairs: The Owner may select repairers and parts. The Hirer must not arrange repairs without the Owner’s written consent.
• Costs: The Hirer is liable for associated reasonable costs including towing, storage, assessment, an administrative claims fee, and loss of use at the daily rate in Schedule 1 while the Vehicle is unavailable due to damage for which the Hirer is responsible.

5. Fines & Nominations

• Infringements: The Hirer is responsible for all fines and infringements incurred during the Hire Period.
• Nominations: The Hirer authorises the Owner to disclose the Hirer’s/driver’s details to authorities and to charge the face value plus the Infringement Administration Fee.

Schedule 1 — Fee Schedule

All amounts are in AUD and GST inclusive.