Metrocar Rental Terms for travel between 01-Jan-2007 and 31-Dec-2009
This is an Agreement between the Hirer (“You”) and the Company (“Company”), identified in the rental agreement made when You rent the motor vehicle (“Vehicle”) described in the booking form on this website from the Company, including all its accessories, tools, tyres and equipment as well as any replacement vehicle.
1. Vehicle Condition and Return
You acknowledge the Vehicle is delivered to You in good operating condition with the seal of the odometer unbroken. You agree to return the Vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE)together with its tools, tyres, accessories and equipment on the date and place specified on the rental agreement (or sooner, if demanded by the Company).
The Company may take possession of the Vehicle without prior demand to You and at your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned.
If the seal of the odometer is broken, or otherwise tampered with, You will be responsible for not only an extra charge based on 500 kms per day at 50c per kilometre, but also for any cost of repairing or replacing the odometer.
NOTE: If there is to be any extension of the period of hire beyond that stated on the rental agreement, the Company must be notified and it must agree to such extension in writing, otherwise the Vehicle will be immediately reported to the police as stolen.
2.
Persons who must not drive the Vehicle
(a) A person who is not identified on the rental agreement as either the Hirer, Joint Hirer or Authorised Driver;
(b) A person who is not licensed to drive the hired class of vehicle;
(c) A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle;
(d) A person who is driving the Vehicle whilst under the influence of a drug;
(e) A person who has given or for whom You have given a false name, age, address or driver’s licence details;
(f) A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years;
(g) A person who has held a driver’s licence for any class of vehicle for less than two years;
(h) A person who uses or intends to use the Vehicle for an illegal purpose.
3. Circumstances where the Vehicle must not be Used
(a) Any area outside the Area of Use shown on the rental agreement;
(b) Any unsealed roads or off-road conditions unless authorised by the company in the Area of Use on the rental agreement;
(c) The carriage of any persons for hire or the carriage of any inflammable, explosive or corrosive materials;
(d) Pushing or towing any vehicle, trailer, boat or other object unless the Company has authorised such use in writing;
(e) The carriage of any greater load and/or persons and/or for a purpose for which the Vehicle was designed and constructed;
(f) The carriage of any animal in the Vehicle unless authorised in writing or noted on the rental agreement in SPECIAL CONDITIONS;
(g) The use of the Vehicle for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
(h) The use of the Vehicle in a dangerous manner;
(i) The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
4. Obligations of the Hirer/Joint Hirer/Authorised Driver
NOTE: The Hirer/Joint Hirer and Authorised Driver are jointly and severally liable for compliance with the terms and conditions of this Agreement.
By entering into this Agreement You are responsible for and irrevocably authorise the Company to debit the credit card provided on the rental agreement or any other credit card provided (and You will pay the company on demand any balance) with the following charges:
(a) The rental charges specified on the rental agreement;
(b) All charges incurred by the Company in respect of parking and/or any other traffic violations during the period of hire or until such later time as the Vehicle is returned to the Company together with an administrative charge as specified on the rental agreement;
(c) All loss or damage to the Vehicle (including the loss or use of that Vehicle), legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and company service charges where:
(i) Any term or condition of this Agreement has been breached;
(ii) The Vehicle is involved in a single vehicle incident unless the Company waives such loss to the Single Vehicle Incident Liability amount shown on the rental agreement (which amount will apply in addition to the Standard Liability Charge noted on the rental agreement). A Single Vehicle Incident is defined as any incident where the Vehicle suffers loss or damage as a result of an impact with any object whether animate or inanimate except another vehicle which can be fully identified and details of which have been provided by You or on your behalf to the Company;
(iii) You have left the Vehicle unlocked or left the keys in the Vehicle;
(iv) You have failed to keep the key secure and under your personal control;
(v) The underbody of the Vehicle is damaged regardless of cause except where there is a collision with another vehicle;
(vi) The Vehicle is totally or partially immersed in water regardless of the cause;
(vii) The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another vehicle;
(viii) The tyres of the Vehicle are damaged other than by normal wear and tear;
(ix) The Vehicle or any third party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle;
(x) You have failed to maintain all fluid and fuel levels of the Vehicle or failed to immediately rectify or report to the Company any defect in the Vehicle of which you have become or ought to have become aware;
(xi) The Vehicle is damaged by loading or unloading, normal wear and tear excepted;
(xii) You have failed to secure properly any load or equipment which leads to loss or damage caused by any part of the load or equipment;
(xiii) You use the Vehicle as an articulated vehicle unless agreed to by the Company in SPECIAL CONDITIONS on the rental agreement;
(xiv) The exterior of the motor vehicle is damaged regardless of cause except where there has been a collision with another vehicle.
If You have paid for the hire of the Vehicle by use of a credit card or directed the Company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when called upon by the Company, You hereby irrevocably accept that You are liable and will immediately pay the full amount due to the Company on demand. The Company, in addition, may charge You interest at the rate of 18% per annum calculated on a daily basis on all outstanding accounts or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period.
5. Damage Cover
Provided You and/or the Authorised Driver act within the terms and conditions of this Agreement, You and/or the Authorised Driver will receive the benefit of the Company’s insurance cover with its insurer in respect of damage to the Vehicle and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control (cover also includes your legal costs incurred with the insurer’s written consent). This cover is also subject to:
(a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on the rental agreement;
(b) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement;
(c) You and/or the Authorised Driver not being covered under any other policy of insurance; and
(d) You providing such information and assistance as may be requested by the Company’s insurer or anyone acting on behalf of the Company’s Insurer.
If cover is provided then the Company’s insurer may bring, defend or settle any legal proceedings in its sole discretion and the Company’s insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
Damage liability explained:
A damage Liability of $2750AUD is included in the daily rate. You have the option to reduce this liability to $330AUD for an additional daily charge as outlined on the website at the time of booking, renters under 25 may only reduce this liability to $550AUD.
6. General Provisions
(a) If there is any incident involving loss or damage to the Vehicle or involving the Vehicle while rented under this Agreement, You and/or the Authorised Driver shall promptly report such incident to the Company at the location where the Vehicle was hired as well as delivering to the Company immediately upon receipt by You and/or the Authorised Driver, every summons, complaint or paper in relation to such incident involving such loss or dam age. You and/or the Authorised Driver must also report all incidents to the police or other proper authority;
(b) You and/or the Authorised Driver irrevocably release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to your personal property, or that of any other person’s property left in the vehicle, or which is received, handled or stored by the Company at any time before, during or after the rental period, whether due to the Company’s negligence or otherwise;
(c) You and/or the Authorised Driver acknowledge that the Company relies on the truth of your/the Authorised Driver’s rep resentations in this Agreement;
(d) You and/or the Authorised Driver will not refuse or fail to take any blood analysis or breath test requested by the police;
(e) Except as provided by law, no driver or passengers in the Vehicle shall be or deemed to be the agent, servant or employee of the Company in any manner for any purpose whatsoever;
(f) The Company gives no express warranty in relation to the motor vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where the Company is permitted to limit its liability under those statutes for breach of an implied condition or warranty the Company limits its liability to replacement, repair or resupply of the Vehicle. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. The Company is not liable to You and/or the Authorised Driver for any indirect, special, incidental or consequential damages relating to this Agreement;
(g) No right of the Company under this Agreement can be waived except by writing of an authorised officer of the Company;
(h) Words used in this Agreement to denote any gender shall include all genders, and singular words include the plural;
(i) Notwithstanding any other provision in this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, surcharge, levy or fee (“charges”) imposed by Local, State or Federal Government that is charged and collected by the Company is imposed anywhere in Australia and has application to any supply or use made under or in connection with this Agreement or in relation to the use or the likely use of any roads, facilities or other infrastructure by You and/or the Authorised Driver or in relation to the provision of rental or other services to You or the Authorised Driver: The Company may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from You and/or the Authorised Driver an additional amount on account of the charge. Any additional amount on account of the charge shall be calculated without any deduction or set-off of any other amount and is payable to the Company upon demand.
(j) You and/or the Authorised Driver acknowledge that your interest in the Vehicle is as a bailee of the Company only and that You agree not to part with possession, dispose of, encumber or assign any right or interest in the Vehicle and not create any lien on the Vehicle for repairs;
(k) You and/or the Authorised Driver agree to indemnify the Company from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Company as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement;
(l) You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance;
(m) You and/or the Authorised Driver must not at any time admit liability for any claim, loss or demand and agree that if such admission is made by You and/or the Authorised Driver then that is a breach of this Agreement.
7. Fuel
The Vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the Vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on the rental agreement.
In the event of a breakdown
If you should require breakdown assistance, contact Metrocar Car & Truck Rentals
In the event of an accident
1. Do not admit liability to any person.
2. Where there is damage to the vehicle or a person is injured, the police are to be informed immediately.
3. Promplty report the accident and all details to Metrocar Car & Truck Rentals
8. Cancellation Policy
The initial deposit paid is non-refundable. In addition to forfeiting your deposit, the following charges also apply:
All money due on reservations are pre-charged at the time of booking confirmation. If a cancellation is made with more than 5 days notice then this money is fully refunded to the credit card within or no later than 30days from cancellation. If a cancellation is made with less than 4 days notice or the customer is a NO SHOW then no refund will be made by metrocar at all.
9. Travel insurance
We strongly recommend that clients ensure they take out the highest level of travel insurance. In many cases this will cover any losses incurred if you are forced to cancel your booking.Terms of booking on this websiteInformation disclaimer
The rates on this website are often heavily discounted. This is due to our negotiated rates and bulk buying power. On very rare occasions, a rate may be displayed incorrectly due to our, or a vehicle supplier's error. In such a case, if you book with us at a quoted rate that is incorrect, we will notify you of any price change and give you the option to proceed or cancel. We make every effort to keep information on our site up to date, but we cannot guarantee this website is free of errors or omissions and retain the right to update or change the information published at any time.
Liability
To the extent permitted by law we/the owners of this website will not be liable to you or to any third party (whether in contract, tort, or otherwise) for any direct, indirect or consequential loss or damage (including but not limited to any accident, injury, delay or loss of enjoyment) arising out of your reliance upon information contained on this website, including but not limited to your use (or inability to use) any products or services described or procured through this website.
When you pick up your vehicle, you will be required to sign a rental agreement with the supplier of the vehicle. Your rental and use of the vehicle will be governed by the terms of the rental agreement and any other documentation or information provided to you by the supplier at the time you pick up your vehicle. The rental agreement is between you and the supplier and we will not be liable to you or to any third party in relation to the terms of the supplier’s rental agreement or any other documentation provided to you by the supplier at the time of pick up.
While we will make reasonable efforts to ensure we are representing only reputable suppliers, we make no warranty about the fitness or suitability of any third party (supplier) product or service and will not accept responsibility for the quality or fitness of any vehicle. We welcome feedback from our customers on their experience with our suppliers. We may, at our discretion, provide you with reasonable assistance in resolving any dispute you may have with a supplier.
Our total liability to you in relation to your use of this website and the information contained on this website will not exceed the dollar amount of the deposit we have received from you in relation to your booking/rental. Refunds will not be made for bookings cancelled due to inclement weather. Again, we strongly recommend that you take out travel insurance. Your use of this website is governed by the laws of New Zealand and the jurisdiction of the New Zealand courts.
Booking information
To make a booking you must complete our booking form which is easy to follow and secured with the latest encryption technology. Once we receive your form, we will, subject to availability, confirm your booking by emailing you a confirmation voucher and invoice. The deposit required to secure your vehicle (as shown on the secure booking page) will only be processed on your credit card when your booking is confirmed. Please note that a 1.75% credit card charge will be added when your payment is processed.
A booking is confirmed when you have been emailed a confirmation voucher and at this stage the deposit is processed on your card and becomes non-refundable and any cancellation fees stated in the supplier's terms apply. Upon receipt of your confirmation, please check your details carefully and notify us immediately if there are any incorrect details, as it may not be possible to make changes at a later date.
If you are booking via phone, please make sure you have read the terms and conditions of the vehicle you wish to rent first. Our reservations consultant will ask you if you have read the terms and agree to them before proceeding. The onus is always on the renter to ensure they make themselves fully aware of the terms displayed on our website.
Information disclosure
In booking on this website you acknowledge that we disclose your information to your selected Supplier in order to provide the requested rental services.
Amendments
Please note that some suppliers treat an amendment as a new booking and apply the rate current at the time the amendment is made to recalculate the entire booking amount (not just the days changed). If the rental period is increased, an additional deposit may be required. If the rental period is shortened which results in a reduction of the rental charges, the deposit amount will remain unchanged, and the difference between the original and revised deposit is forfeited (it cannot be used towards remaining rental charges). To request a change to a confirmed booking, please use the alterations request link on your confirmation. Any alterations are subject to availability and the approval of the supplier. In addition to the alteration policy of the supplier stated in their terms, the following charges will apply:
Car rental alterations (all charges stated in local currency):
To change dates or times that result in a recalculation of rental rates, or to change vehicles or locations: 25.00
To add or remove extras to/from a confirmed booking: 10.00
Motorhome rental alterations (all charges stated in local currency):
To change dates or times that result in a recalculation of rental rates, or to change vehicles or locations: 75.00
To add or remove extras to/from confirmed booking: 20.00
The alteration fee will not be charged if your alteration request is not possible.
Vehicle Capacity and fitness to drive
Under no circumstances are you permitted to carry more passengers than the vehicle you rent is legally registered to carry, and if you do your insurance may be invalidated. The number of seatbelts (and passengers) is indicated next to each vehicle on this website. Luggage capacity where shown is an indication only and we will not be responsible should you be unable to fit your entire luggage into a vehicle. It is your responsibility to choose a journey that is within your capabilities. A vehicle supplier can refuse to rent a vehicle to any person who is in their opinion unfit to drive or does not meet eligibility requirements. In such circumstances we will have no further liability to you.
Metrocar Insurance
Damage Cover
Provided You and/or the Authorised Driver act within the terms and conditions of this Agreement, You and/or the Authorised Driver will receive the benefit of the Company’s insurance cover with its insurer in respect of damage to the Vehicle and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control (cover also includes your legal costs incurred with the insurer’s written consent). This cover is also subject to:
(a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on the rental agreement;
(b) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement;
(c) You and/or the Authorised Driver not being covered under any other policy of insurance; and
(d) You providing such information and assistance as may be requested by the Company’s insurer or anyone acting on behalf of the Company’s Insurer.
If cover is provided then the Company’s insurer may bring, defend or settle any legal proceedings in its sole discretion and the Company’s insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
Damage liability explained:
A damage Liability of $2750AUD is included in the daily rate. You have the option to reduce this liability to $330AUD for an additional daily charge as outlined on the website at the time of booking, renters under 25 may only reduce this liability to $550AUD.
Melbourne depot
Address: 58 Franklin Street
, CBD
, Melbourne
, Victoria
, AU
OFFICE HOURS
Monday - Sunday 8am - 6pm
Closed - Christmas Day, New Years Day
RETURNS
There is no refund on early returns.
All City bound returns - Saturday & Sunday must be returned by no later than 2:50pm regardless of your contracts noted return time.
DELIVERY
Vehicles will not be delivered to Hotels if bookings are for bookings three days or less. For bookings three days or over Metrocars offer a Free Delivery Service to Hotels in the Melbourne CBD.
ONE WAY RENTALS
City to Airport= $25 for rentals less than 10 days and free thereafter.
Airport to City = $15 for rentals less than 5 days and free thereafter.
Melbourne Domestic Airport depot
Address: 398 Melrose Drv
, Ciloms Airport Lodge
, Melbourne
, Victoria
, AU
OFFICE HOURS
Airport Pick Ups are available 24 hours, 7 Days a week including public holidays
Please call us you arrive and have collected all your bags, a free shuttle bus will be dispatched to collect you and return you to our office (located 2 minutes from terminal).
AIRPORT RETURNS
Airport returns are available 24hrs a day 7 days a week, providing the return time falls within the customers contracted return time e.g. (A vehicle due in at 6pm but returns 10pm this would attract an extra days charge).Please note that conditions apply to Airport collections outside normal business hours which are 8am - 6pm Monday - Friday.
PROCESS FOR RETURNS TO THE AIRPORT
Within business hours:8am - 6pm Monday - Friday.
One of Metrocar's staff will inspect the vehicle with the customer present and close the rental agreement for the customer.
Outside business hours:
The hotel reception desk will take the customers keys and put them in a sealed envelope and put the envelope into their safe overnight. The keys are then given to the manager the following morning to inspect the vehicle.
We do not allow our cars to return directly to the Airport and any additional charges involved in doing so will be charged to the customers Credit Card. E.g. Towing, Parking Fines, Car Park Storage ETC. This is a definite NO NO!
ONE WAY RENTALS
City to Airport= $25 for rentals less than 10 days and free thereafter.
Airport to City = $15 for rentals less than 5 days and free thereafter.
Melbourne International Airport depot
Address: 398 Melrose Drive
, Ciloms Airport Lodge
, Melbourne
, Victoria
, AU
OFFICE HOURS
Airport Pick Ups are available 24 hours, 7 Days a week including public holidays
Please call us you arrive and have collected all your bags, a free shuttle bus will be dispatched to collect you and return you to our office (located 2 minutes from terminal).
AIRPORT RETURNS
Airport returns are available 24hrs a day 7 days a week, providing the return time falls within the customers contracted return time e.g. (A vehicle due in at 6pm but returns 10pm this would attract an extra days charge).Please note that conditions apply to Airport collections outside normal business hours which are 8am - 6pm Monday - Friday.
PROCESS FOR RETURNS TO THE AIRPORT
Within business hours:8am - 6pm Monday - Friday.
One of Metrocar's staff will inspect the vehicle with the customer present and close the rental agreement for the customer.
Outside business hours:
The hotel reception desk will take the customers keys and put them in a sealed envelope and put the envelope into their safe overnight. The keys are then given to the manager the following morning to inspect the vehicle.
We do not allow our cars to return directly to the Airport and any additional charges involved in doing so will be charged to the customers Credit Card. E.g. Towing, Parking Fines, Car Park Storage ETC. This is a definite NO NO!
ONE WAY RENTALS
City to Airport= $25 for rentals less than 10 days and free thereafter.
Airport to City = $15 for rentals less than 5 days and free thereafter.
