Apex Australia Rental Terms and Conditions

WHAT IS THE RENTAL AGREEMENT?

The Rental Agreement between Apex and You (Rental Agreement) is made on the date shown on the Rental Document in respect of the Vehicle and is made up of that Rental Document and these Terms and Conditions. It sets out our responsibilities to You and Your responsibilities to Apex when renting a vehicle and any optional extras.

Who is the Rental Agreement with?

The Rental Agreement is between You and the Vehicle rental provider named on the Rental Document.

Depending on where and how You booked, Your booking agreement may have been with another party. They will have given Apex Your details so that Apex can provide You with a rental.

When does the Rental Agreement become legally binding?

The Rental Agreement will become legally binding when You sign the Rental Document when picking up the Vehicle from the Apex.

If Your Apex Loyalty customer membership terms allow, You may be able to collect Your Vehicle without having to sign a Rental Document. If this applies to You, the Rental Agreement will become legally binding when You collect the keys for the Vehicle from the Apex (or any contact free option made available by them).

Before You sign the Rental Document

Please read all the documents carefully. If You do not think You have received all the documents – or there is anything that You do not understand or agree with – please speak to a member of our team.

BY SIGNING THE RENTAL DOCUMENT…

By entering into the Rental Agreement, You agree to be bound by the terms and conditions set out in:

• these Terms and Conditions;
• the Privacy Collection Statement (Annexure A)
• the Pricing Schedule (Annexure B)
• Electric Vehicle Terms and Conditions (Annexure C)
• Where You can and cannot drive the Vehicle (Annexure D)
• the LinkT Terms and Conditions (Annexure E)

In summary, You agree to…

• rent the vehicle identified as part of the Rental Agreement - and optional extras for the Pre-agreed Rental Period
• pay the amounts described in the Rental Agreement
• pay rental fees for any extension to the pre-agreed rental period – as well as any optional extras You agree to verbally
• pay relevant administration charges, fees, theft, loss and damage costs (subject to any relevant excesses applying), toll charges, parking, traffic or other fines or charges, court costs and/or any other charges according to the terms of the Rental Agreement.

If You are offered the option to pay in a currency other than that stated on the Rental Document and choose to do so, the exchange rate used will be confirmed by Apex at Point of Sale (POS).

When you sign, you are agreeing for Apex to charge the above costs to your payment card.

What is the rental period?

The Pre-agreed Rental Period is the rental period indicated on Your booking or reservation.

The Pre-Agreed Rental Period may differ from the Rental Period: the Rental Period commences on the date shown on the Rental Document and ends on the date that You actually return the Vehicle to Apex.

If the following applies, the Rental Period will be extended until the later of:

1. if you return the Vehicle to the pick-up location during normal opening hours, when You hand over the keys and any optional extras at the return location;
2. if You use the collection service, when You hand over the keys, any optional extras and Apex inspects the Vehicle with You at the collection location;
3. if You return the Vehicle to a location outside our normal opening hours, when You leave the Vehicle on site at our rental location.

ADDITIONAL DRIVERS

Only You and any Additional Drivers are allowed to drive the Vehicle.

Your responsibility for Additional Drivers and passengers

You are responsible for making sure all Additional Drivers comply with the Rental Agreement and You are responsible for any passengers that You, or any Additional Drivers, allow in the Vehicle. You are responsible for any costs or charges Apex incurs because they (and as a result, You) do not comply with the Rental Agreement.

Does it cost to have Additional Drivers?

You may be charged for each Additional Driver. Apex will tell You in advance of any applicable charge for Additional Drivers.

THIRD PARTY INTERMEDIARIES

In some circumstances Apex works with third party intermediaries. Whether You book direct with Apex or through a third party intermediary, You will always enter into the Rental Agreement with the legal entity listed in this Rental Agreement. If when making a booking and/or collecting a rental Vehicle You have any queries on which company You are entering into a contract with (whether this relates to Your booking or rental arrangements), then please contact Us direct and We will be pleased to provide assistance.

LOYALTY PROGRAM

When you join our Loyalty Program, we will require your signature. Even if You are an existing member of our Loyalty Program, You may still need to sign the Rental Agreement and agree to the Vehicle Condition Report (if provided) and the Linkt Terms and Conditions, as relevant to Your rental each time You pick up a Vehicle. For example, Apex may request Your signature in certain situations, such as a requested change in payment method or other change to your usual booking preferences.

As is the case with all our customers, it is just as important that all our Loyalty Program customers carefully read the Rental Agreement and remind themselves of all the terms and conditions they must comply with. Loyalty Program customers will be provided with a copy of their Rental Agreement (or given the opportunity to obtain a copy) before they pick up their Vehicle. In circumstances where Loyalty Program customers do not expressly confirm their acceptance of the terms of the Rental Agreement provided to them, their collection of the Vehicle keys will be deemed as full acceptance of the Rental Agreement and the Linkt Terms and Conditions.

CORPORATE CUSTOMERS

This section only applies if You have a corporate agreement with Apex (e.g., a corporate account or a discount number)

By signing the Rental Document, You confirm You have the company’s authority to enter into the Rental Agreement. If there is a conflict between the Rental Agreement and Your corporate rental agreement, unless otherwise stated in Your corporate rental agreement, the terms of the Rental Agreement will prevail.

FEES AND CHARGES

Fees and charges that Apex is entitled to charge without further consent from You (other than signing the Rental Agreement) in accordance with the terms of this Agreement are set out in the Pricing Schedule at Annexure C. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rental Agreement.

If You have pre-paid Your Vehicle booking, You have also agree to Clause 12.5 (After Hours Provisions).

DEFINITIONS

In these Terms and Conditions, capitalised words have a special meaning, as set out in this section.

‘Accessory’ means any equipment set out in the Rental Document, including but not limited to as applicable any Global Positioning System receiver or similar device, dash cam or any child restraint, child booster seat or similar equipment;

‘Account’ means the debit card, credit card or Apex charge account to which Rental Charges are to be debited in accordance with the Rental Document;

‘Additional Driver’ means a person other than You who is:

1. Your spouse or de facto partner;
2. Your employer or fellow employee if it is disclosed by You to Apex that the Vehicle is rented for business purposes under a corporate agreement; or
3. added to Your rental as an Additional Driver in accordance with Clause 2.2 (How to add an Authorised Driver to your Rental Agreement).

‘Additional Driver Fee’ means the fee payable by You to Apex for the addition of an Additional Driver;

‘Authorised Driver’ subject to Clause 2 (Driver), means You and any Additional Driver;

‘Australian Consumer Law’ or ‘ACL’ means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

‘Apex’ means Apex Car Rentals Pty Limited ABN 65 159 894 970 or, where applicable, an independent Apex Car Rentals System licensee ;

‘Code’ means the Australian Finance Industry Association Car Rental Code of Practice;

‘Collection Costs’ means Apex’s reasonable costs of collecting unpaid Rental Charges from You;

‘Electric Vehicle’ means a vehicle with an electric motor that is powered wholly by electricity;

‘Electric Vehicle Recharge Fee’ means the fee charged to You where an Electric Vehicle is returned with less than 77% battery charge in accordance with Annexure C - Electric Vehicle Terms and Conditions;

‘Excess Reduction’ means the product which we sell (if any) which allows You to reduce the Excess Amount payable under these Terms and Conditions that is purchased before Your rental commences to reduce any Excess Amount payable to the amount You have agreed with Apex;

‘Fair Wear and Tear’ means Fair Wear and Tear described in the Code under the clause headed ‘AFIA Fair Wear and Tear Guide - Rental Vehicles’ and does not include damage (as set out in that clause);

‘Fuel Service’ means the costs of fuel per litre plus Apex’s reasonable costs associated with arranging to fill the Vehicle with fuel; ‘GST’ has the meaning given by section 195-1 of the GST Act or any replacement or other relevant legislation and regulations;

‘GST Act’ means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

‘Incident’ means an event during the Rental Period which is an accident, claim or other incident involving damage to or loss of the Vehicle or property of any other person in connection with the Vehicle or injury to any other person in connection with the Vehicle;

‘Inherent mechanical fault’ means a breakdown, malfunction or failure of the Vehicle’s engine or any mechanical part of the Vehicle not caused or contributed to, by You or any other Additional Driver;

‘Late Return Fee’ means a single charge payable by You if You do not return the Vehicle on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with Apex under Clause 5.1(a) (How to return the Vehicle);

‘Loss Damage Waiver’ reduces Your financial responsibility for loss or damage to the Vehicle to the Excess Amount;

‘Loyalty Program’ means the loyalty program operated in accordance with the Apex Peak Rewards Program accessible at https://www.apexrentals.com.au/peak-rewards.

‘Mainland’ means the large continuous extent of land that is the greater part of Australia, as distinct from Tasmania, offshore islands and detached Territories (as set out in Annexure D: Where You cannot drive the Vehicle);

‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual usually located in the Vehicle or accessible through the Vehicle's infotainment systems;

‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the front and back windscreens, damage to the box section of a commercial vehicle above the front windscreen or damage to third party property, which Apex has reasonable grounds to believe is caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;

‘Personal Information’ has the meaning given to that term in the Australian Privacy Act 1988 (Cth);

‘Pre-authorisation’ means a hold on an amount of money in the bank account connected with Your Account which will be on hold until a final payment for all amounts owing has been made by You for Your rental and other amounts owing by You;

‘Privacy Collection Statement’ means the privacy collection statement set out at Annexure A - Privacy Collection Statement;

‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document and Annexure B – Pricing Schedule or payable under this Rental Agreement;

‘Rental Document’ means the Rental Document setting out the particulars of the legally binding contract made between Apex and You or the person hiring the Vehicle and any Authorised Driver, including details of the Vehicle;

‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Apex;

‘Roadside Assistance Cover’ means the provision of the roadside assistance services described in Clause 4.6 (When You will be charged for roadside assistance) for the Roadside Assistance Cover fee specified in the Annexure B - Pricing Schedule;

‘Roadside Callout Fee’ means a charge for an individual roadside assistance callout event, as specified in Annexure B - Pricing Schedule;

‘Snow Cover’ means the product that Apex sells (if any) which reduces Your financial responsibility for loss or damage to the Vehicle when You drive in snow or above the Snow Line as described in Clause 8.2 – When Loss Damage Waiver Will Not Apply), to Your liability as set out in Clause 8.1 (When Loss Damage Waiver Will Apply);

‘Snow Line’ has the meaning giving to the term as set out in Annexure D – Where You cannot drive the Vehicle;

‘State’ means a state within Australia including New South Wales, Victoria, Queensland, Western Australia, South Australia and the island of Tasmania;

‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or another Authorised Driver which covers You or them while using the Vehicle as a substitute for the Vehicle insured under that policy;

‘Territory’ means Northern Territory or Australian Capital Territory;

‘Terms and Conditions’ means these Terms and Conditions of Rental;

‘Terrorist Act’ has the meaning in section 100.1 of the Australian Criminal Code Act 1995 (Cth);

‘Underbody Damage’ means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Apex has reasonable grounds to believe that the driver of the Vehicle is reasonably at fault for that damage;

‘Vehicle’ means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices and all Accessories and contents supplied by Apex unless the context requires otherwise;

‘Vehicle Condition Report’ means the report setting out any pre-existing damage found on the Vehicle prior to the Rental Period;

‘Windscreen and Tyre Protection’ means the protection cover set out in Clause 4.10 (What damage does Windscreen and Tyre Protection cover?) and is available at selected locations and reduces Your potential liability to Apex for damage to the Vehicle’s windscreen, windows and tyres;

‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made; and

‘Zero Excess’ means the product which Apex sell (if any) which allows You to reduce the Excess Amount payable under these Terms and Conditions that is purchased before Your rental commences to reduce any Excess Amount payable to nil.

INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires:

1. the singular includes its plural and vice versa;
2. words denoting any gender include all genders;
3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
4. headings are for convenience only and do not affect interpretation;
5. a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
6. a reference to a party to this Rental Agreement includes its successors and permitted assigns;
7. a reference to any agreement (including this Rental Agreement) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;
8. a reference to a clause, paragraph, schedule or annexure is to a clause, paragraph, schedule or annexure in or to this Rental Agreement;
9. a reference to this Rental Agreement includes any schedules and annexures to this Rental Agreement;
10. a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;
11. a reference to dollars or $ is to Australian currency;
12. words such as including or for example do not limit the meaning of the words preceding them; and
13. an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them.

PRECEDENCE

To the extent of any inconsistency the following order of precedence applies:

1. Rental Document;
2. these Terms and Conditions with Annexures;
3. the terms and conditions for Your Loyalty Program; and
4. the Vehicle Condition Report.

AUTHORISED DRIVER ACKNOWLEDGEMENT

What You agree and acknowledge

1. You agree and acknowledge that only Authorised Drivers will drive the Vehicle; and
2. All Authorised Drivers must and do hold a current and valid licence (not being a restricted licence, learner’s licence or provisional licence) to drive the Vehicle and have been licenced to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Document.
3. You and Additional Drivers authorise and consent to Apex verifying Your driving licence status, details and records with local authorities in Australia or New Zealand (as applicable) including via Driver Check managed by the New Zealand Transport Authority.
4. Apex may refuse to allow You or any Additional Driver to drive the Vehicle who:
   1. does not hold a valid and current driving licence in the country of rental for the entire Rental Period;
   2. has not brought an international driving licence or official translation (if applicable);
   3. has not held their licence for the minimum period required by the rental location;
   4. has driving-related convictions; or
   5. who does not meet our reasonable identity, security, driving licence or credit checks.

ADDITIONAL DRIVERS

Who is responsible for the acts of an Authorised Driver?

2.1 You are responsible for the acts and omissions of each Authorised Driver and any other person You or any other Authorised Driver allows to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Loss and Damage Waiver option, Excess Reduction option or Zero Excess option (if accepted or included in Your Rental Charges) if You or any other Authorised Driver allows an unauthorised driver to drive the Vehicle and that unauthorised driver causes loss of or damage to the Vehicle or damage to the property of a third party.

How to add an Authorised Driver to Your Rental Agreement

2.2 To add an Authorised Driver, You may be required to pay the Additional Driver Fee. The additional Authorised Driver must provide Apex a valid licence confirming the additional Authorised Driver is authorised to drive the Vehicle at the time the Rental Document is signed.

WHAT KINDS OF ROADS ARE YOU ALLOWED TO DRIVE ON?

PROHIBITED USE

1. on beaches, in any sand, through streams, rivers or flood waters;
2. on fire trails;
3. in the snow or above the Snow Line, unless You comply with Clause 9 (Snow Cover) including purchasing Snow Cover; or
4. in any location listed in Annexure D - Where You cannot drive the Vehicle.

OTHER UNAUTHORISED USE

1. airside on or at any airport;
2. where collecting from:
   1. anywhere other than Northern Territory, to enter the Northern Territory; or
   2. anywhere other than Western Australia, to enter Western Australia; or
   3. anywhere on the Mainland, to leave the Mainland unless linked by road (bridge); or
   4. the Northern Territory, to leave the Northern Territory; or
   5. Western Australia, to leave Western Australia; or
   6. Tasmania, to leave Tasmania.

3.4 Authorised Drivers must:

1. not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
2. not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the vehicle appropriately uses the seat belt restraint;
3. not be under the influence of alcohol, drugs or have a blood alcohol or drug content that exceeds the legal limit in the State or Territory in which the Vehicle is driven or as applicable to Your or their licence;
4. not use or allow the Vehicle to be used to carry passengers for payment of any kind;
5. not use the Vehicle when it is damaged or unsafe;
6. provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including animals) until You have obtained Apex’s prior written consent to do so;
7. not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and Apex’s recommendations;
8. not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;
9. not use the Vehicle to carry any inflammable substance which has a flashpoint under 22.8°C or any other explosive or corrosive substances without Apex's prior written consent;
10. not use the Vehicle to prepare, commit or assist in any criminal or Terrorist Act;
11. unless in accordance with Clause 3.4(l) below, not allow the Vehicle to be used to push or pull anything without Apex’s prior written consent;
12. not use the Vehicle for the conveyance or towing of any load unless:
    • 1. the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; and
      2. the Vehicle is fitted with a tow bar and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and Apex’s recommendations;
13. pay all tolls, parking charges, cleaning fees, fines and infringements incurred by any Authorised Driver relating to or in connection with the Vehicle;
14. not use the Vehicle in contravention of any applicable law; and
15. not register or claim to be entitled to register any security or other interest in the Vehicle under the Australian Personal Property Securities Act 2009 (Cth).

YOUR VEHICLE CARE OBLIGATIONS

1. maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that Apex has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;
2. keep the Vehicle locked and secure when it is unattended and take all reasonable precautions to safeguard the keys under Your or another Authorised Driver’s personal control or, keep the keys in a locked and secure environment at all times and out of sight when not in Your possession; and
3. comply with all applicable seatbelts and child restraint laws.

CHECKS APEX MAY CONDUCT

TRANSMISSION OF VEHICLE DATA

Geolocation

4.3 Vehicles may be fitted with geo-location systems and tracking devices which can be used to open and close the Vehicle or track and record the geographical location, distance and speed of the Vehicle during the rental. They may also be used to immobilise the Vehicle if Apex has reasonable grounds to suspect the Vehicle is being used unlawfully or outside of the terms of the Rental Agreement. You agree that Apex can track and record Your location and Your use of the Vehicle.

Telematics data

4.4 You acknowledge that Apex may from time to time receive telematics data from device-equipped vehicles where driver monitoring is enabled, including fuel levels, distance, speed, vehicle location data (including the longitude, latitude and direction of travel), vehicle damage detection data, vehicle diagnostic information (such as advice that the engine warning light has activated), braking, acceleration and cornering data.

ROADSIDE ASSISTANCE

Inherent mechanical faults

4.5 Apex will provide 24 hour roadside assistance for all inherent mechanical faults (as reasonably determined by Apex or its authorised repairer) at no additional cost (even if you have not purchased Roadside Assistance Cover) provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of Clause 3 (Where You can and cannot drive the Vehicle) (except in respect of Clause 3.4(n), dealing with use of the Vehicle in contravention of law, for minor infractions).

When You will be charged the Roadside Callout Fee

4.6 For each roadside callout for a fault or Incident which Apex has reasonable grounds to believe is caused by Your act or omission, including (but not limited to):

1. emergency refuelling up to an amount required to reach the nearest petrol station;
2. damage to or failure to upkeep any tyre in accordance with the Manufacturer’s Specifications (unless You have purchased Windscreen and Tyre Protection);
3. Electric Vehicle battery recharge;
4. lost keys;
5. keys locked in the Vehicle; or
6. a flat battery due to lights or other electrical equipment being left on,

You will be charged the Roadside Callout Fee, unless You have purchased Roadside Assistance Cover.

When Roadside Assistance Cover does not apply

4.7 If you have purchased Roadside Assistance Cover, it will not apply if the Vehicle has been used in breach of clause 3 (Where You can and cannot drive the vehicle) (save, in respect of Clause 3, dealing with use of the Vehicle in contravention of law, for minor infractions) or in respect of any additional amount(s) payable under clauses 7.1 (When You are liable for loss and damage) and 7.2 (Damage that is not Your fault).

CLEANING AND REPAIRS

Can You make Your own arrangements for repairs?

4.8 You must not have repairs to the Vehicle carried out unless Apex authorises You to do so in writing. Apex requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt from the repairer to assist Apex. Apex will reimburse You for any repairs to the Vehicle authorised by Apex in writing, provided that Apex can verify the cost of those repairs. To the extent that Apex cannot verify the cost of repairs, Apex will not reimburse You.

When will You be liable for professional cleaning?

4.9 If Apex has reasonable grounds to believe that You or another person has been using the Vehicle during the Rental Period in breach of Clause 3.4(h) (prohibiting smoking in the vehicle) or returned the Vehicle in poor condition (excluding Fair Wear and Tear); You may be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by Apex (as set out in Annexure B - Pricing Schedule) and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.

What damage does Windscreen and Tyre Protection cover?

4.10 Windscreen and Tyre Protection covers You for damage to Your Vehicle's windscreen, front or back windscreens, and all side window glass and all tyres, including the spare tyre. The exclusions to this coverage are Vehicle mirrors, headlights, any part of the wheel (i.e. hubcap, rim and alloy wheels) or damage to the Vehicle directly caused by Your breach of this Agreement, or for which You are liable by virtue of Clauses 7.1 (When You are liable for loss and damage) and 7.2 (Damage that is not Your fault).

HOW TO RETURN THE VEHICLE

1. at the place, on the date and by the time shown on the Rental Document unless You have informed Apex of a change prior to the return date and time and Apex has consented to the change (such consent not to be unreasonably withheld); and
2. in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted.

If You want to return the Vehicle to a different location

5.2 If You tell Apex that You wish to return the Vehicle to a location other than that stated on the Rental Document, Apex will advise You of the amount of the ‘One Way Fee’ that You may incur (unless Clause 5.6(a) applies to You). If You do not tell Apex in advance, You may be required to pay a One Way Fee as set out in Annexure B - Pricing Schedule (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under Clauses 5.3 or 5.4 below.

If You do not receive our approval for a change to Your return of the Vehicle

5.3 If You:

1. return the Vehicle at a later date or time than that shown on the Rental Document;
2. return the Vehicle to a place other than that shown on the Rental Document; or
3. do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document,

the rates shown on the Rental Document and set out in Annexure B may continue to apply for the additional rental days, including any One Way Fee and Late Return Fee (if any). If You return the Vehicle to a place other than that shown on the Rental Document, a One Way Fee for return of the Vehicle may apply.

Returning the Vehicle earlier than agreed

5.4 If You return the Vehicle at an earlier date or time than that shown on the Rental Document or otherwise agreed in writing with Apex, the rates shown on the Rental Document will not apply and You must pay the current daily rate that would have been applicable for the Vehicle for the Rental Period if hired for that period at those rates, which is likely to be higher than the rates shown on the Rental Document.

5.5 If you have pre-paid Your Vehicle booking, clause 5.4 does not apply and You will not be entitled to a refund but Apex may recalculate payment for the booking.

When the vehicle must be immediately returned

5.6 Although We will try to contact You in advance where possible, Apex may request the immediate return of the Vehicle or Apex may recover the Vehicle without informing You in advance if:

1. the limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘One Way Fee’ becomes payable by You;
2. the Rental Period expires without satisfactory arrangements having been made by You with Apex; or
3. Apex has reasonable grounds to believe that:
   • 1. the Vehicle has been or will be used for an unlawful purpose;
     2. damage to the Vehicle, or injury to persons or property has occurred; or
     3. the Vehicle has been or will be used in an industrial dispute.

5.7 If Clause 5.6(a) above applies to You, Apex will exercise its rights under that clause if Apex is unable to contact You within three (3) days after unsuccessfully attempting to debit the Rental Charges.

OVERDUE VEHICLES

1. after written communication with You and if the location of the Vehicle is unknown, Apex may report the Vehicle as lost or stolen to the police; and
2. You must pay Apex all Rental Charges (including additional Rental Charges) and compensate Apex in accordance with Clause 7 (Liability for Loss or Damage) for any loss Apex actually incurs (including all reasonable additional costs Apex incurs in recovering the Vehicle or because the Vehicle was not available for rental by others when due) up to the time that the Vehicle is recovered by Apex, except for losses caused or contributed to by Apex.
3. Apex will use reasonable endeavours to mitigate any loss suffered under this Clause 5.8.

YOUR LIABILITY FOR VEHICLE DOWNTIME

5.9 If You have breached the Rental Agreement and Your breach of the Rental Agreement (or a breach of the Rental Agreement by any other Authorised Driver) has caused the downtime of the Vehicle, You may be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime (Per Day Loss of Revenue Fee).

5.10 Calculation of the per day loss of revenue fee in Clause 5.9 above will be calculated in accordance with the daily rate for that period (shown in Your Rental Document) multiplied by the number of days of downtime, including any applicable GST.

5.11 If You are charged for downtime of the Vehicle in accordance with Clause 5.9, Apex will inform You seven (7) days in advance before Your Account is debited.

OUR PROCESS FOR CONTACTING YOU ABOUT A VEHICLE RETURN ISSUE

5.12 Prior to exercising its rights under clauses 5.6(a), 5.6(b) or 5.8 above, Apex will attempt to call You on Your contact number and / or email You via the email address recorded in the Apex system at least two (2) times to confirm whether an extension of Your Rental Agreement or change to the payment method listed on Your Account is required.

5.13 If Apex is unable to contact you within five (5) days after the designated drop off date and time for the Vehicle shown on the Rental Document or any extended date or time agreed with Apex in writing, then Apex will proceed to exercise its rights under Clause 5.7 above.

WHAT KIND OF FUEL TO USE IN THE VEHICLE

6.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.

REFUELLING THE VEHICLE: LESS THAN 120 KILOMETRES DRIVEN

6.2 If You drive the Vehicle less than 120 kilometres during the Rental Period, You will be charged the Fuel Service fee per kilometre driven as set out in the Rental Document. Apex will waive the Fuel Service fee if You present a receipt indicating You have refuelled the Vehicle and the Vehicle has the same level of fuel that the Vehicle had when You rented it, as determined reasonably by Apex’s visual or electronic inspection of the Vehicle’s fuel gauge.

REFUELLING THE VEHICLE: MORE THAN 120 KILOMETRES DRIVEN

6.3 If

1. You drive the Vehicle 120 or more kilometres during the Rental Period;
2. You do not select the ‘prepaid fuel option’ in the Rental Document where that option is available; and
3. You return the Vehicle with less fuel in the Vehicle than the Vehicle had when You rented it; You must pay Apex the Fuel Service fee amount per litre as set out in the Rental Document. The Fuel Service includes the cost of fuel and all other costs associated with arranging to fill the Vehicle with fuel.

6.4 For the purpose of Clause 6.3 above the fuel level of the Vehicle at the time You rent it and at the time You return it to Apex is determined by visual or electronic inspection by Apex of the Vehicle’s fuel gauge, and the kilometres driven, however if a Fuel Service fee amount is charged, that amount will be based on the number of litres of fuel actually put into the Vehicle to return it to the level of fuel that the Vehicle had when You rented it.

WHEN YOU ARE LIABLE FOR LOSS AND DAMAGE

7.1 Subject to Clauses 7.2, 7.3, 7.4 below and Clause 8 (Loss Damage Waiver), You are liable:

1. to compensate Apex for any damage to or loss of the Vehicle, including any Incident, hail, flood or storm related damage or theft of the Vehicle, which Apex has reasonable grounds to believe has occurred during the Rental Period (including by reference to the Vehicle Condition Report); and
2. for damage to third party property which Apex has reasonable grounds to believe is caused or contributed to by You or another Authorised Driver or any person You or another Authorised Driver allow to drive the Vehicle and to the extent permitted by applicable law, Apex will not be responsible for such liability.

WHEN YOU ARE NOT LIABLE FOR LOSS AND DAMAGE

Damage that is not Your fault

7.2 If, acting reasonably, Apex accepts that the loss or damage referred to in Clause 7.1 above was not Your fault, You will not be liable to compensate Apex provided You comply with the process set out in Clause 11 (Claims and proceedings and what to do if there is an Incident) for dealing with an Incident and:

1. You are resident in Australia;
2. You provide Apex with the following details of the Incident:
1. the name, residential address, contact phone and licence number of any person involved;
2. the name of any insurer of any third party You believe was at fault;
3. the registration numbers of all vehicles involved;
4. an accurate description of the Incident and location;
5. the names of any attending police officers and the stations at which they are based; and
3. (c) Apex reasonably believes that it will recover the amount of loss or damage from a third party.

Damage that is Apex’s fault

7.3 Apex is liable for any damage to or loss of the vehicle that is our fault. This includes:

1. any failure on our part to properly maintain the Vehicle; and
2. loss or damage directly due to our negligence.

APEX WILL MITIGATE LOSSES

7.4 Apex will use reasonable endeavours to mitigate its losses where charged to You under this Clause 7 (Liability for loss or damage).