Rental Terms and Conditions

1. Introduction

1.1 Rental Contract
Your contract to hire a Vehicle from M8T Services Pty Ltd (Rental Contract) comprises:
(a) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us.
(b) the Handover Inspection Report; and
(c) these rental Terms and Conditions (Terms and Conditions),
and together they create binding and enforceable legal obligations.

1.2 Relevant law
The Rental Contract is governed by the laws of New South Wales and You agree that courts in that state have nonexclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law
You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of
the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws
or any other Federal, State or Territory legislation.

1.4 Electronic signatures
We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature
You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your
obligations under the Rental Contract.

1.5 Amending these Terms and Conditions
We may amend these Terms and Conditions by providing You with 21 days’ notice in writing. If You do not accept the
amendments or replacement You must return the Vehicle prior to the end of the 30 day period.

2. Who may drive the Vehicle?

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 11 for further details.

2.1 Authorised Drivers

(a) Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can drive the Vehicle.
(b) Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that
excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these
Terms and Conditions.

2.2 Age limits

There is a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at
least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a
variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

2.3 Licence requirements

(a) You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:
(i) issued in an Australian state or territory or an international licence (with a valid International Driving
Permit or an approved translation into English if the licence is not issued in English);
(ii) appropriate for the class of the Vehicle; and
(iii) not subject to any restriction or condition.
(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the
Vehicle.

2.4 Cancelled and suspended licences

The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:
(a) is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b) has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.

2.5 False and misleading information

The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age,
address or driver’s licence

3. Prohibited Use

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 11 for further details.

3.1 The Vehicle must not be driven by You or any Authorised Driver:

(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs
present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst there is Damage to the Vehicle or it is unroadworthy or unsafe.

3.2 You and any Authorised Driver must not:

(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment.
(b) use the Vehicle:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, biohazardous, infectious, inflammable goods or substances that pollute
or contaminate, in quantities above that used for domestic purposes;
(iii) to propel or tow another vehicle, trailer or boat;
(iv) to carry or transport illegal drugs or substances; or
(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(c) use a mobile phone:
(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the
Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its
use does not require manual operation of the phone; or
(ii) to send a text message, video message, email or similar communication unless the Vehicle is parked.

3.3 You and any Authorised Driver must not:

(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way or make any alteration or addition and no decals, branding or logos may be applied
or removed from the Vehicle;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act
2009.

3.4 You and any Authorised Driver must not use the Vehicle to carry:

(a) passengers for hire, fare or reward or for rideshare purposes;
(b) more than the number of passengers for which the Vehicle is licenced; or
(c) any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced

4. Prohibited areas of use

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 11 for further details.

4.1 The Vehicle must never be driven:
(a) on an Unsealed Road;
(b) Off Road; or
(c) above the snow line between 1 May and 31 October or in any area where snow has fallen or is likely to fall.
4.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, sand dunes, streams, rivers, creeks, dams and floodwaters or any area exposed to saltwater;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed; and
(e) any road where it would be unsafe to drive the Vehicle.
4.3 The Vehicle must never be driven or used:
(a) outside a radius of 75 kilometres from the Rental Station; or
(b) onto any island that is off mainland Australia,
unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement

5. Your obligations

A breach of any of clauses 5.5, 5.6, 5.7, 5.8 or 5.10 is a Major Breach of the Rental Contract. See clause 11 for further details.

5.1 Start of the Rental
At the Start of the Rental and before collecting the Vehicle You must:
(a) present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be
made and kept by Us;
(b) present Your passport if You are not an Australian citizen;
(c) fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately
noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to
leaving the Rental Station;
(d) pay one week’s Rental Charges in advance; and
(e) the Security Deposit of $500.
5.2 Security Deposit
(a) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and
liabilities under the Rental Contract and is fully refundable to You ten (10) business days after the End of the
Rental provided that:
(i) all amounts due to Us under the Rental Contract have been paid, including toll road charges and
refuelling costs;
(ii) the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;
(iii) there is no Damage (except for reasonable wear and tear) or Third Party Loss;
(iv) the exterior and interior of the Vehicle are clean;
(v) the Vehicle has a full tank of fuel; and
(vi) there has not been a Major Breach of the Rental Contract,
(b) If at the End of the Rental You fail to pay any of the amounts in clause 5.2(a) for which You are liable, We will
apply the Security Deposit against those outstanding amounts.
5.3 During Your rental
(a) You must:
(i) inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and
(ii) adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station.
(b) You must not:
(i) use the Vehicle for transporting any pets or animals, with the exception of accredited or trained
assistance animals, unless specifically approved by Us;
(ii) smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent
passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there
are passengers of less than 18 years of age; or
(iii) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by
Us.
Additional cleaning, disinfection and deodorising charges will apply.
5.4 Seat belts and restraints
You must comply with all mandatory:
(a) seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt
properly adjusted and fastened; and
(b) child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted
correctly according to the weight and age of the child and that the restraint is properly adjusted a“nd fastened.
5.5 Vehicle to be locked and keys kept in Your possession
You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or
remote control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the
ignition when the Vehicle is unattended.
5.6 Reasonable care
You and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) properly securing any goods, property or equipment carried in the Vehicle;
(d) maintaining the engine and brake oils and coolant level and tyre pressures;
(e) using the correct fuel type; and
(f) making sure it is not overloaded.
5.7 Notification of Vehicle fault
You must inform Us immediately if:
(a) a warning light or fault message appears;
(b) You see or become aware of low engine or brake oils, or engine coolant levels; or
(c) the Vehicle develops any fault during the Rental Period.
If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third-Party Loss.
5.8 Repair without authority prohibited
You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.
Any damage cause on the car the cost will charge from the hire.
5.9 Repair with authority
Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax
invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been
authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
5.10 Maintenance for longer term rentals
(a) If the Rental Period exceeds 30 days You must return the Vehicle to the nearest Rental Station for it to be
serviced or exchanged when:
(i) the next scheduled service is due, as noted on the sticker on the inside of the windscreen;
(ii) a service indicator is illuminated on the dashboard,
whichever comes first.
(b) We will pay for the service, parts, tyres and any other issues with the Vehicle providing that these issues were not
caused by You or any Authorised Driver.
(c) If You fail to have the Vehicle serviced You will be liable for any Damage caused to the Vehicle.
5.11 Staying with the Vehicle after an Accident
You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator. 6. Rental Period, costs and charges

6.1 Your Rental Period, Costs and Charges

6.1 Your Rental
(a) The minimum Rental Period is shown in the Rental Agreement.
(b) The Rental Charges continue on a weekly basis until the Rental Contract is terminated pursuant to clause 6.2
and the Vehicle is returned to Us.
(c) All moneys owed to Us under the Rental Contract, including the Rental Charges, must be paid:
(i) on a weekly basis no less than seven (7) days in advance;
(ii) pursuant to the Direct Debit Agreement or credit/debit card authority; and
(iii) until the Rental Contract is terminated pursuant to clause 6.2(a).
6.2 Termination
(a) Either party may terminate the Rental Contract by giving not less than 14 days’ prior written notice to the other
party. If You give that notice to Us or We give that notice to You, You must return the Vehicle to Us within the 14
day notice period.
(b) You must return the Vehicle at the end of the 14 day notice period End of the Rental and if You fail to do so:
(i) a late fee of $30 will be charged;
(ii) a new rental week will automatically commence and You must continue to pay the ongoing Rental
Charges on a weekly basis until the Vehicle is returned to Us; and
(i) We may recover the Vehicle by lawful means and if its location is unknown, after making reasonable
attempts to contact You, We will report the Vehicle as stolen to the Police.
(c) There is no refund if the Vehicle is returned before the expiration of the 14 day notice period.
6.3 Non-Payment of Rent
If the renter fails to pay two (2) consecutive rental payments on the scheduled payment run date (Thursday), this
Agreement will be deemed automatically terminated. The renter must return the vehicle within 24 hours of termination.
Any costs associated with recovery of the vehicle, including but not limited to towing, repossession fees, and
administrative charges, will be charged to the renter.
6.4 Cancellation and ‘No Show’
(a) You will be charged the Rental Charges for the Rental Period as booked if:
(i) Your booking is cancelled within 24 hours prior to the Start of the Rental; or
(ii) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the
Vehicle,
unless We are able to rent the Vehicle to another renter for an equivalent term and rate.
(b) Refund Policy:
(i) Cancellations made at least 72 hours prior to the Start of the Rental will receive a full refund of any
prepaid amounts less any merchant/transaction processing fees.
(ii) Cancellations made between 48 and 72 hours prior to the Start of the Rental will be entitled to a 50%
refund of any prepaid amounts less any merchant/transaction processing fees.
(iii) Cancellations made less than 48 hours prior to the Start of the Rental are non-refundable.
(c) A cancellation is not effective until acknowledged and confirmed by Us.
6.5 Fines and infringements
(a) You and any Authorised Driver must pay
(i) fines or charges imposed for parking;
(ii) infringements and fines imposed for speeding and other driving offences; and
(iii) fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
(b) An administrative fee applies if We are required to nominate You as the responsible driver if any toll, fine or
infringement is unpaid.
6.6 Tolls
(a) You and any Authorised Driver must pay all tolls.
(b) An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle for
payment of tolls when using the Vehicle on toll roads.
(c) If You fail to do so the toll fee plus an administrative fee will be charged to Your credit card for each toll paid.
(d) At the End of the Rental You must remove Your e-tag from the Vehicle and delete the Vehicle from Your toll
account and We have no responsibility for tolls incurred on the Vehicle after the End of the Rental.
(e) If the Vehicle is replaced during the Rental Period You must amend Your toll account to show the registration
number of the replacement Vehicle and You should also ensure that You install the e-tag in the replacement
Vehicle.
6.7 Daily kilometre limit
If a daily kilometre limit applies to Your rental, it will be shown in the Rental Agreement. If there is a limit, for each day You
exceed that limit (calculated over the Rental Period) You will incur an additional fee of thirty cents (30c) per kilometre.
6.8 Return of the Vehicle
(a) You must return the Vehicle:
(i) to the Rental Station;
(ii) on the date and by the time shown in the Rental Agreement;
(iii) in a reasonable state of cleanliness;
(iv) in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted; and
(v) with a full tank of fuel.
(b) If You return the Vehicle:
(i) with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will
apply;
(ii) in a state of cleanliness that is unacceptable and is not consistent with reasonable wear and tear, a service
fee of $55 plus the cost of the cleaning will apply;
(iii) earlier than the expiry of the notice period in clause 6.2(a) there is no entitlement to a refund;
(iv) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage
until the Rental Station next opens for business unless We have agreed to an after business hours drop
off and it is shown on the Rental Agreement.
6.9 Post rental inspection procedure
(a) We will take reasonable steps to conduct a post rental inspection in Your presence; and
(b) If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection
within four (4) business hours and if Damage is detected, We will notify You as soon as it is reasonably practical
to do so.
6.10 End of the Rental requirements
At the End of the Rental You must pay:
(a) the balance of the Rental Charges, including any charges for excess kilometres (if applicable);
(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(c) any costs We incur, including:
(i) refuelling costs; and
(ii) extra cleaning costs;
(d) for all Damage arising from a Major Breach of the Rental Contract;
(e) for all Overhead Damage;
(f) for all Underbody Damage; and
(g) for any Damage caused by the immersion of the Vehicle in water.
6.11 Credit card authority
Subject to these Terms and Conditions, if any amount is due to Us or remains unpaid, including:
(a) the Rental Charges;
(b) tolls;
(c) speeding and traffic fines and infringements;
(d) fines or charges imposed for parking;
(e) extra cleaning costs
(f) refuelling costs; or
(g) the Damage Excess.
You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.
6.12 Default in payment
If You default in the payment of any moneys owed to Us under the Rental Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days
after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We
incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees,
commission and any legal costs; and
(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date
consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in
accordance with the Privacy Act to create or maintain a credit information file containing information about You,
including defaults in excess of 60 days and the debt owed to Us.7. Damage Cover

7.1 Damage Cover

7.1 Damage Excess
(a) Standard Damage Cover is included in the Rental Charges.
(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the
Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Rental
Agreement for each Accident or theft claim unless:
(i) You have fully completed an Incident Report Form with:
(A) the name, residential address, contact phone and licence number of any person involved (Third
Party);
(B) the registration number of all vehicles involved;
(C) an accurate written and diagrammatic description of the Accident and location; and
(D) the names and addresses of all attending police officers and the stations at which they are
based;
(ii) you have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
(iii) We agree You were not at fault; and
(iv) the other party was insured and their insurance company accepts liability.
7.2 When is the Damage Excess payable?
Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding,
the Damage Excess will be charged to Your credit card:
(a) for single vehicle Accidents, after a repairer’s estimate or tax invoice verifying the amount charged for Damage
has been sent to You;
(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the
Vehicle will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability.
Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as
practicable.
7.3 Younger age additional Damage Excess
An additional Damage Excess applies to You or any Authorised Driver who is 21 to 24 years of age.
7.4 Claims Administration fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage
Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

8. Damage Cover Exclusions

8.1 General exclusions
Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Rental Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than
75 years of age;
(b) Overhead Damage;
(c) Underbody Damage;
(d) Damage caused by:
(i) immersion of the Vehicle in water;
(ii) use of the incorrect fuel type; or
(iii) loading or unloading the Vehicle, except for reasonable wear and tear;
(e) damage to the tyres of the Vehicle, other than by normal wear and tear; or
(f) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost
keys, keyless start and remote control devices;
8.2 Exclusion for personal items
There is also no Damage Cover for personal property in the custody of or owned by:
(a) You;
(b) Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
(c) any relative, friend or associate of an Authorised Driver; or
(d) Your employees,
that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned
to the Rental Station.

9. Breakdowns

9.1 Roadside assistance
(a) All vehicles are inspected by Us before delivery to You, if any mechanical problems occur after pick-up We will do
Our best to resolve the problem in a short time. We are not responsible for any loss of work and/or damage due
to not being able to use the Vehicle due to maintenance or any type of mechanical problem.
(b) If the Vehicle has any mechanical problems, it needs to be delivered to Us at Our garage where all services are
performed. It is not Our responsibility to tow the Vehicle if it is for repairs only. If the car cannot operate, it is Your
responsibility to call the road side assistant provider and organise a tow truck to deliver the Vehicle to the M8T
Services garage. You only need to quote the registration number of the Vehicle and the membership name, M8T
Services Pty Ltd and membership number 990998433.
(c) We will use Our best endeavours to resolve the Vehicle problem and return it to You within 36 hours. If after 36
hours the Vehicle is still not returned to You We will take reasonable steps to organise a replacement Vehicle,
but if this is not possible or We do not have vehicles available, a discount will be given on the rental days that
Vehicle remains on maintenance in the following week of payment.
(d) If there are any problems with the battery, a flat tyre or lack of fuel it is Your responsibility to call the road side
assistance partner company mentioned in the welcome message with the phone number details to make the call.
You only need to quote the registration number of the Vehicle, the membership name, M8T Services Pty Ltd and
the membership number 990998433.
9.2 Consequential and other loss
Subject to the Australian Consumer Law, We are not responsible for:
(a) Waiting time for roadside assistance;
(b) holiday plans that are disrupted;
(c) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires,
or pandemics;
(d) loss of enjoyment; or
(e) consequential or economic loss.

10. Accident and theft reporting

A breach of any part of this clause 10 is a Major Breach of the Rental Contract. See clause 11 for further details.

10.1 Reporting an Accident or theft to Us
If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as
soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.
10.2 Reporting an Accident or theft to the police
If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses;
or
(c) the other party appears to be under the influence of drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.
10.3 Steps You must take following an Accident
If You or an Authorised Driver have an Accident You and the Authorised Driver must:
(a) exchange names and addresses, phone numbers and email addresses with the other driver;
(b) obtain the name of the other driver’s insurance company;
(c) take a photo of the other driver’s licence;
(d) take the registration numbers of all vehicles involved;
(e) take as many photos as is reasonable showing:
(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(f) obtain the names, addresses, phone numbers and email addresses of all witnesses;
(g) forward all third party correspondence or court documents to Us within 7 days of receipt; and
(h) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal
proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer’s office; or
(ii) any Court hearing.
10.4 What you must not do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) promise to pay any claim for Third Party Loss; or
(c) release the other party from any liability to pay for Damage as a result of an Accident, theft of attempted theft.

11. Major Breach and its consequences

11.1 Major Breach
You or an Authorised Driver commit a Major Breach of the Rental Contract if there is a breach of any of the following:
(a) clauses:
(i) 2 (who may drive the Vehicle);
(ii) 3 (prohibited use);
(iii) 4 (prohibited areas of use);
(iv) 5.5 (vehicle to be locked and keys kept in your possession);
(v) 5.6 (reasonable care);
(vi) 5.7 (notification of Vehicle fault); or
(vii) 5.8 (repair without authority),
(viii) 5.10 (maintenance for long term rentals);
that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) clause 10 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or
theft or from prosecuting or defending any Accident or theft claim; or
(c) clause 13.2(d) (removal of Tracking Device or Dashcam).
11.2 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,
You and any Authorised Driver:
(i) have no Damage Cover.
(ii) are liable for all Damage, theft of the Vehicle and Third-Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Vehicle.
11.3 Termination and repossession
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:
(a) there has been a Major Breach.
(b) there has been a breach of clause 11.2(b); or
(c) the Vehicle has been involved in two (2) at fault Accidents during the Rental Period.
(d) Fail do pay the Rent on time

12. Personal Property Securities Act 2009 (Cth)(PPSA)

12.1 You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other
right or interest by Yourself or Your nominee.
12.2 You acknowledge that:
(a) the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the
Vehicle.
(b) We have a Security Interest in the Vehicle, and the Vehicle will at all times remain subject to that Security
Interest; and
(c) We may register the Security Interest on the Personal Property Securities Register.
12.3 You have no right to, or interest in, the Vehicle other than as a bailee and You must not endeavour to obtain any other right
or interest by Yourself or Your nominee.

13. Privacy

A breach of clause 13.2(d) is a Major Breach of the Rental Contract. See clause 11 for further details.

13.1 Personal Information

13.1 Personal Information
(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where
doing so would be contrary to law.
(b) When We collect Your personal information We will do so only for the purpose of providing rental services to You.
If You choose not to provide this information to Us We may not be able to provide those rental services to You.
(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that
it is protected from misuse, loss or unauthorised access, modification or disclosure.
13.2 Tracking Device and Dash Cam
(a) To maintain and protect the Vehicle We may fit a Tracking Device to the Vehicle to enable Us to monitor the
condition, performance and operation of the Vehicle and to track the Vehicle’s movements.
(b) A Dash Cam may also be fitted to the Vehicle and may be accessed and used by Us in the event of an Accident
or to monitor driving habits.
(c) Information from the Tracking Device and the Dash Cam may be used during and after the Rental Period. When
You sign the Rental Agreement You are authorising Us and consenting to the use of the Tracking Device and the
Dash Cam.
(d) You must not tamper with the Tracking Device or the Dash Cam or remove them from the Vehicle

14. Definitions and interpretation

14.1 Definitions
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; and
(c) weather events, including hail Damage,
that results in Damage or Third Party Loss.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement
prior to the Start of the Rental.
Damage means:
(a) any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that
is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) Loss of Use,
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 means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party
Loss under clause 7, subject to the Damage Cover Exclusions in clause 8.
Damage Excess means the amount, including GST, up to which You 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 and includes
the additional amount for younger drivers that is payable pursuant to clause 7.3.
Dash Cam means the optical recording device installed in the Vehicle that operates from the time the Vehicle is started
until the engine is turned off and may be used to record the driving route of the Vehicle or driving habits and may be
accessed by Us or Our insurers.
End of the Rental means the last day of the notice period in clause 6.2(a) or the date and time the Vehicle is returned to
Us, whichever is the earlier.
Handover Inspection Report means the document that shows the condition of the Vehicle and lists any Damage at the
time of the inspection.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the
Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of the clauses described listed in clause 11.1.
Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to
unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters,
sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
(e) Damage to the Vehicle; or
(f) Third Party Loss,
caused by:
(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen
with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
PPSA means the Personal Property Securities Act 2009 (Cth).
Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or
levies which are all fully set out in the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of
the Rental.
Rental Station means the location from which the Vehicle is rented, as shown on the Rental Agreement.
Security Deposit means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as
security for the Rental Charges and other fees and charges incurred during Your rental and the amount is fully refundable
subject to clause 5.2.
Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third
party loss of income.
Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to
determine its location and other data including speed, braking and fuel levels.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the
Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers
or wheel stops and does not arise as a result of an impact with another vehicle.
Unsealed Road means 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 means the Vehicle described in the Rental Agreement and includes its parts, tools, components and accessories,
including the GPS unit (if fitted) and includes any replacement Vehicle.
We, Us, Our, means M8T Services Pty Ltd ABN 35 659 241 951.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle
from Us and whose name is shown in the Rental Agreement.
14.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires:
(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation;
and
(b) where You comprises two or more persons each is bound jointly and severally