1.1  This contract to hire a Vehicle through Euphoric Rides Luxury Hire Pty Ltd ABN 24 669 361 237 (Rental Service Provider) consists of:
(a)  the agreement (Rental Agreement) You have signed to hire the Vehicle; and
(b)  these rental Terms and Conditions (Terms and Conditions).

1.2  The Rental Contract is governed by the laws of Victoria and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3  The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

1.4  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.

2.1  Only You or an Authorised Driver can drive the Vehicle. 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  We set a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at least 25 and not over 75 years of age and have not less than 12 months driving experience.

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 the Vehicle is damaged or unsafe.
(d)  If you do not have a current licence
(e)  Someone other than the person who hired the vehicle

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 if requested;
(b)  use the Vehicle:

• for any illegal purpose;
• to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
• to propel or tow another vehicle or a trailer;
• to carry illegal drugs or substances;
• in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
• in an unsafe or un-roadworthy condition.

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;
(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 ride-share purposes unless You have Our prior approval and it is shown on the Rental Agreement;
(b)  more than the number of passengers for which the Vehicle is licensed; or
(c)  any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

3.5  You and any Authorised Driver must not:
(a)  use the Vehicle to transport any pets or animals except assistance animals; or
(b)  smoke in the Vehicle and You must prevent any passenger from doing so. Additional cleaning and deodorising costs must be paid if there is a breach of this clause.

3.6  You and any Authorised Driver must not use a mobile phone or a GPS unit whilst the Vehicle is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Vehicle and the phone or GPS unit is not being held or touched at any time whilst being used.

4.1  The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
(a)  Off Road;
(b)  roads that are prone to flooding or are flooded;
(c)  beaches, streams, rivers, creeks, dams and floodwaters;
(d)  any road where the police or an authority has issued a warning;
(e)  any road that is closed; and
(f)  any road where it would be unsafe to drive the Vehicle.

4.2  The Vehicle must never be driven or taken:
(a)  Rural Areas and outer fringe of Melbourne
(b)  Interstate unless We have given Our prior written permission prior to the Start of the Rental and it is noted on the Rental Agreement.

5.1  A booking deposit of $500 is payable when You make Your booking. This deposit is non-refundable in the case of cancellation and is otherwise credited to Your Rental Charges if the rental proceeds.

5.2  At the Start of the Rental and before collecting the Vehicle You must also pay the anticipated Rental Charges (less the booking deposit) and the Security Bond shown in the Rental Agreement.

5.3  The Security Bond is fully refundable to You provided that:
(a)  all amounts due to Us under the Rental Contract have been paid, including toll road charges and refuelling costs;
(b)  the Vehicle has been returned to the Rental Location at the date and time set in the RentalAgreement;
(c)  there is no Damage or Third Party Loss;
(d)  the exterior and interior of the Vehicle are clean;
(e)  the Vehicle has a full tank of fuel; and
(f)  there has not been a Major Breach of the Rental Contract,
We reserve the right to retain all or part of the Security Bond if there is a breach of any of these conditions.

5.4  At the Start of the Rental You must also inspect the Vehicle to make sure that any pre-existing damage is noted and shown in the Rental Agreement.
Please note: Photos of the Vehicle (interior and exterior) will also be taken and these will be matched and compared with photos taken of the Vehicle at the End of the Rental to check for any Damage caused during the Rental Period.

5.5  You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.

5.6  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 and fastened.

5.7  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 are never left in the ignition when the Vehicle is unattended.

5.8  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)  maintaining the engine and brake oils and coolant level and tyre pressures;
(d)  using the correct fuel type; and
(e)  making sure it is not overloaded.

5.9  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.

5.10  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.

5.11  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.

5.12  You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

6.1  An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when using the Vehicle on toll roads.

6.2  If You fail to do so and We are required to nominate You as the responsible party. We will charge You an administrative fee of $50

7.1  Standard Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for the theft, any Damage or Third Party Loss but You must pay up to the Damage Excess we provide after the accident occurs for each Accident or theft unless:
(a)  We agree You were not at fault; and
(b)  the other party was insured and their insurance company accepts liability.

7.2  If You have not authorised Us to charge Your credit card at or before the End of the Rental, the Damage Excess payable under clauses 7.1 and 7.2 will be charged to Your credit card or Bond:
(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:

• a reasonable estimate of the Third Party Loss has been made;
• a repairer's estimate or tax invoice verifying the amount charged forDamage has been obtained; and
• all documents verifying the Third Party Loss and Damage have been sent to You.

7.3  All Accident and theft claims will incur a claims administration fee in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

8.1  There is no Damage Cover, and You and any Authorised Driver are liable for:
(a)  Damage or Third Party Loss arising from:

• a Major Breach of the Rental Contract; or
• the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 25

(b)  Overhead Damage;
(c)  Underbody Damage; and
(d)  Damage caused by immersion of the Vehicle in water.

8.2  There is also no Damage Cover for:
(a)  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; or any injury, loss or damage to goods or property carried in the Vehicle and You agree to fully indemnify Us for any injury, loss or damage that occurs during the Rental Period;
(b)  personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:

• You;
• any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
• any relative, friend or associate of an Authorised Driver; or
• Your employees.

9.1  The Rental Agreement shows:
(a)  the Rental Period for which You have hired the Vehicle; and
(b)  the Rental Charges.

9.2  You must return the Vehicle on the date and by the time shown in the Rental Agreement. If You fail to return the Vehicle, We may terminate the Rental Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.

9.3  If You return the Vehicle earlier than the date shown in the Rental Agreement the daily rate payable may be adjusted as higher daily rates apply to shorter rentals and if the Vehicle is returned to Us early there is no entitlement toa refund.

9.4  If You inform Us that You wish to return the Vehicle to a location other than that stated on the Rental Agreement, We will advise You of the amount of the ‘one-way fee’ that You will incur. If You do not inform Us in advance, You must pay a ‘one-way fee’ of up to $500. You will also be liable for any Rental Charges until the Vehicle is returned to Us under clause 9.9(b)(i).

9.5  Despite clauses 9.1 and 9.4, You must return the Vehicle to the Rental Location during normal business hours unless otherwise agreed.

9.6  If You return the Vehicle:
(a)  more than one hour but less than three hours after the date and time set for its return in the Rental Agreement, We will charge You one half day's rental;
(b)  three hours or more after the date and time set for its return in the Rental Agreement, We will charge You one full day's rental and a further full day's rental at the standard rate for each 24 hour period or part thereof until the Vehicle is returned to Us; or
(c)  at any time outside Our normal business hours the following conditions apply:

• You must send a text message of the registration number of the Vehicle and the intended return time to 0413 221 747, 20 minutes prior to its return;
• the gate to the Rental Location will remain open and You must park the Vehicle inside Our premises;
• You must lock the Vehicle and take a photograph of the registration plate and send it by text message to 0413 221 747 to confirm the return of the Vehicle; and
• the keys to the Vehicle should be left as directed by Us.

9.7  If You return the Vehicle with less than a full tank of fuel a refueling charge of $10 (including GST) plus the cost of the fuel, will apply.

9.8 A daily limit kilometers applies unless You have Our prior written approval to have this limit increased and it is noted on the Rental Agreement. For Commercial Vehicles the daily limit is 100 kilometres and for all other Vehicles the daily limit is 120 or 150 kilometres and for each day You exceed that limit (calculated over the Rental Period) You will incur an additional fee of $20 dollars per kilometres.

9.9  At the End of the Rental You must:
(a)  return the Vehicle:

• in the same condition it was in at the Start of the Rental, fair wear and tear excepted; and
• with a full tank of fuel;

(b)  pay:

• the balance of the Rental Charges (if any);
• the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
• any costs We incur, including extra cleaning costs under clause 3.5, in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded;
• for all Damage arising from a Major Breach of the Rental Contract;
• for all Overhead Damage;
• for all Underbody Damage; and
• for any Damage caused by the immersion of the Vehicle in water.
• The Vehicle must be returned according to the time frames agreed in the rental agreement not the time You or an Authorised driver arrives to pick it up. Late arrivals will incur a cost of $200.

9.10  Credit card authority - If any amount is due to Us, including the Damage Excess payable under clauses 7.1 and 7.2, or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.

9.11  Default in payment - If You default in the payment of any moneys owed to Us under the Rental Contract, 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.

10.1  If You cancel Your booking the booking deposit of $500 is forfeited.

10.2  In addition, if:

11.1  We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur. Twenty four hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us on the number on the key tag supplied with the Vehicle to arrange assistance. We will recover and repair the Vehicle as soon as possible but if it cannot be repaired We will use Our best endeavors to provide a replacement Vehicle where one is available.

11.2  We are also not responsible for:

(a)  Damage as a result of use of the incorrect fuel type;
(b)  a flat battery because the lights or entertainment system have been left on;
(c)  tyre changing;
(d)  lost keys or remote control device; or
(e)  keys or remote control device locked in the Vehicle.

12.1  If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.

12.2  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,

13.1 If You or any Authorised Driver:
(a)  commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
(b)  drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, including the Crimes Act 1958 (Vic) or the Road Safety Act 1968 (Vic) has occurred,
You and any Authorised Driver:

• have no Damage Cover;
• are liable for all Damage, theft of the Vehicle and Third Party Loss; and
• are liable for and must pay any additional costs or expenses We incur as a directconsequence.
• If a Major Breach occurs and We deem that the hire is to be cancelled, the Vehicle will be switched off and You will not be entitled to a refund. If it is deemed that You have incurred cost due to the breach, the cost will be deducted from the Bond

14.1  We are committed to complying with the Australian Privacy Principles.

14.2  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 toYou.

14.3  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.

14.4  We may fit a GPS Tracking Device to the Vehicle to enable Us to track the Vehicle when it is out of Our possession. When You sign the Rental Agreement You are authorising Us to use the GPS Tracking Device to track the Vehicle until it is returned to Us.

15.1  The following terms have their respective meanings in the PPSA: 'financing statement', 'interested person', 'register', 'proceeds', 'security agreement' and 'security interest'.

15.2  You acknowledge that:

(a)  by renting the Vehicle from Us, You may be granting a security interest in the Vehicle (and any proceeds) to Us, and that this Rental Contract may constitute a security agreement;
(b)  any security interest arising under this Rental Contract attaches to the Vehicle when You obtain possession of the Vehicle and not at any other time; and
(c)  We may perfect its security interest by lodging a financing statement on the PPS Register.

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; or
(c)  a weather event, 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.

Commercial Vehicle means a Vehicle that is a van, utility, truck. Mini-bus or bus that is constructed and used for the carriage of goods or property or the transport of passengers.

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;
(d)  claims administration fee; and
(e)  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 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.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.

GPS 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 and fuel levels.

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 clauses, 2.1, 2.2, 2.3, 2.5, 3.1, 3.2, 3.3, 3.4, 3.6, 4.1, 4.2, 4.3, 5.7, 5.8, 5.9, 5.10, or 5.12, that causes Damage, theft of the Vehicle or Third Party Loss or a breach of clause 12 that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim.

Off Road means any area that is neither a sealed or an 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: