Apex Car Rental Terms and Conditions
The following Terms and Conditions of hire are entered into between the cardholder and the person taking possession of the vehicle (hereinafter jointly and severally referred to as "the hirer") and Apex Car Rentals hereinafter referred to as "the owner".
2. Vehicle Description
"The owner" will let and "the hirer" will take on hire the vehicle detailed on the Rental Agreement. This and any other vehicle provided is hereinafter referred to as "the vehicle".
3. Authorised Drivers
Only those persons named as authorised drivers on the Rental Agreement shall be permitted to drive the vehicle(s) supplied under this agreement, and then only if those persons hold a current full (non-probationary) drivers licence appropriate for the vehicle at the time that they are driving the vehicle. The minimum age for drivers is 21 years old.
4. Term of the Hire and Vehicle Hire Charges
All rates include GST and standard loss or damage cover (refer to clause 12).
The hire will terminate when the vehicle is returned to an Apex rental location.
The vehicle may not be driven outside the area marked in Fig 1 on the Rental Agreement (and also displayed on this web page). After hours pick up or return is by prior arrangement only. Unauthorised late return will attract a surcharge of $20 per hour (up to 4 hours) and $80 per day thereafter in addition to the daily rate.
Please phone us if you wish to extend the rental, and if this is possible we will always oblige. Vehicle hire charges are non-refundable and non-transferable. In the event that the hirer cancels or voids the agreement, or returns the vehicle earlier than stated in the agreement, no refund applies.
5. Other Products and Services
The owner agrees to arrange and the hirer agrees to purchase any additional products and services as detailed on the Rental Agreement.
6. Total Charges for Vehicle Hire and Other Products and Services
The hirer is responsible for the total charges relating to the vehicle hire and the correct fitting and use of any accessories. The hirer is absolutely liable for the full replacement cost up to $200 per item in the event that any of these accessories are lost, stolen or damaged.
7. Acceptance of Rental Terms and Conditions
The hirer agrees to be bound by all of the Terms and Conditions of the rental agreement. The hirer acknowledges that he or she is fully and absolutely liable for any excess owing due to damage of the rental vehicle (see clause 13) irrespective of fault. Refer to clause 14 for optional coverage conditions.
The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the hire and that Apex is irrevocably authorised to charge this credit card for any actual or consequential liability arising out of the Rental Agreement. The cardholder and the hirer are jointly and severally liable under the terms of this agreement. The hirer’s attention is drawn to clauses 12 to 19.
8. Use of the Vehicle
8.1 The hirer must not use or allow the vehicle to be used for the transport of passengers for hire or reward.
8.2 The hirer must not:
(a) Sublet or hire the vehicle to any other person;
(b) Allow the vehicle to be operated outside his or her authority;
(c) Operate the vehicle or allow it to be operated in a race, speed test, rally, or contest;
(d) Operate the vehicle or allow it to be operated in breach of any Act, regulations, rules, or bylaws relating to road traffic;
(e) Operate the vehicle or allow it to be operated for the transport of a number of passengers in excess of the number of seatbelts;
(f) Drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current full (non-probationary) driver licence appropriate for the vehicle;
(g) Operate the vehicle, or allow it to be operated to tow or propel any other vehicle.
(h) Operate the vehicle or allow it to be operated outside the area of use as defined in this agreement.
8.3 The hirer shall ensure that a copy of this agreement is:
(a) Kept in the vehicle throughout the term of the hire; and
(b) Produced without delay for inspection on demand by an enforcement officer.
9. The Hirer’s Obligations
The hirer shall ensure that:
(a) All reasonable care is taken when driving and parking the vehicle;
(b) The vehicle is locked and secure at all times when it is not in use;
(c) No person interferes with any part of the engine, transmission, braking or suspension systems;
(d) No person smokes inside the vehicle.
10. Activation of Warning Lights, Breakdown and Mechanical Repairs
10.1 If any warning light is activated or if the vehicle requires mechanical attention the driver must stop driving and contact either Apex or 24 hour Roadside Assistance.
10.2 The hirer shall not arrange or undertake any repairs or salvage without Apex’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair. Please also refer to the information printed on the Apex additional information sheet supplied with this agreement for procedures relating to tyres and breakdowns.
10.3 If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the hirer, Apex will refund to the hirer the rental charges that relate to the period during which the car could not be used. Apex undertakes to arrange repair or replacement with another Apex vehicle as soon as practicable.
10.4 Apex gives no express warranties in relation to the vehicle. Certain conditions and warranties are imported by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where Apex is permitted to limit its liability under those statutes for breach of any implied condition or warranty, Apex limits its liability to replacement, repair or re-supply of the vehicle. All warranties, conditions and obligations which may otherwise be implied are expressly excluded by this agreement in their entirety.
11.1 In the event of an accident the hirer shall:
(a) Notify Apex of the full circumstances as soon as practical;
(b) Notify the Australian Police if the accident involves injury;
(c) Record full details of all parties, witnesses to and vehicles involved in the accident;
(d) If possible, prepare a written statement of the facts signed by all parties. If agreement cannot be reached, obtain a copy of the Police report.
11.2 In the event of an accident the hirer shall not:
(a) Make any admission of liability;
(b) Arrange or undertake any repairs or salvage without Apex’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
11.3 In the event that an accident renders the vehicle unfit to drive, Apex will make no refund for the unused hire period (including optional cover payment if applicable) and the provision of a replacement vehicle shall be at Apex’s sole discretion. Apex shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. In the event that Apex decides to offer the hirer an alternative vehicle, the vehicle shall be made available at an Apex branch, not delivered to the accident location. Apex reserves the right to provide the replacement vehicle subject to an increased hirer’s liability and/or to decline to offer optional cover for the replacement vehicle.
12. Loss or Damage Cover
12.1 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver named in this agreement is fully indemnified in respect of any liability he or she might have to Apex in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of Apex including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
12.2 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver named in this agreement is indemnified to the extent of $2,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle. This indemnity does not apply to any property being transported in the vehicle at the time of the accident.
The indemnities above shall not apply where the damage, injury or loss arises when:
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle;
(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
(c) The vehicle is operated in contravention of clause 8.1 or 8.2 of this agreement;
(d) The vehicle is driven by any person not named in clause 3 of this agreement;
(e) The vehicle including its accessories and spare parts is wilfully or recklessly damaged by the hirer or any other person named in clause 3 of the agreement or driving the vehicle under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person;
(f) The vehicle is operated off-road or on any beach;
(g) The vehicle including its accessories and spare parts is damaged as a result of submersion in water, including crossing creeks, rivers or flooded fords.
(h) The vehicle is operated outside the term of the hire;
(i) The vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks or bicycle racks;
(j) The vehicle including its accessories and spare parts is damaged by any item carried inside or outside the vehicle, such as a surfboard or bicycle;
(k) The vehicle is operated outside the prescribed area of use.
12.4 The indemnities in clauses 12.1 and 12.2 shall not apply to the amount of the hirer’s liability for damage specified in clause 7.
13. Hirer’s Liability for Damage
13.1 The hirer is absolutely liable for any damage up to the amount specified in clause 7 irrespective of fault.
In this context damage includes:
(a) Any and all damage to the vehicle including windscreens, tyres, break-in or vandalism, theft, fire, towing and recovery costs.
(b) Damage to third party property;
(c) Loss of use of the vehicle by Apex during the period the vehicle is off fleet for repair. This period is charged at the daily rental rate for the vehicle shown in clause 4.
13.2 The hirer’s liability for damage applies in respect of each separate accident or incident, not each rental.
14. Optional Cover
14.1 Optional cover reduces the hirer’s liability for damage under clause 13 subject to the following conditions and exclusions.
Optional cover does not cover damage or loss associated with:
(a) Any of the circumstances detailed in clause 12.3;
(b) Cost of recovering a car that has become bogged or immovable;
(c) Cost of replacement of lost or stolen car keys;
(d) Cost associated with the incorrect use of or contamination of fuel (diesel or petrol);
(e) Cost of repair or replacement of other products detailed in clause 5;
(f) Costs arising under clause 15.
14.2 In the event that the vehicle is replaced under clause 11.3, Optional cover is not transferable to the replacement vehicle.
15. Hirer’s Liability for Cleaning Charges
15.1 If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or de-odorising, the hirer is absolutely liable for the full cost of this cleaning or repair and any consequent loss of use of the vehicle.
Such charges include but are not limited to cleaning of:
(a) Spillage of fluids such as drinks, milk, oil, paint, etc.;
(b) Perishable food;
(c) Removal of hair, stains and odours due to animals in the vehicle;
(d) Fish and associated smells;
(f) Cigarette/cigar smoke smells.
16. Petrol and Other Fuel
16.1 The hirer is responsible for the cost of fuel used during the hire.
16.2 In the event that the vehicle is returned with less than a full tank a $25 refuelling surcharge applies. The hirer is absolutely liable for the cost to refuel the vehicle and the refuelling surcharge.
17. Return of the Vehicle and Termination of the Hire
17.1 The hirer shall, at or before the expiry of the term of hire, return the vehicle (including car keys) to the location specified in clause 4 of the agreement, or obtain Apex’s consent to the continuation of the hire. Changes to the return date and time and/or return branch are subject to vehicle availability and may not always be possible.
17.2 If the vehicle is returned to a different location than that specified in clause 4 without Apex’s prior consent an additional fee of up to $2000 may be charged at Apex’s sole discretion.
17.3 Apex shall have the right to terminate the agreement and repossess the vehicle (and for that purpose enter any premises and remove the vehicle) at any time, without notification to the hirer, and the hirer will pay reasonable costs of repossessing the vehicle, including towing charges, in any of the following circumstances:
(a) The hirer is in breach of any material term of this agreement;
(b) The hirer has obtained the vehicle through fraud or misrepresentation;
(c) The payment for the rental is in arrears;
(d) The vehicle appears to be abandoned;
(e) The vehicle is not returned on the agreed return date;
(f) The vehicle is damaged;
(g) Apex considers, on reasonable grounds, that the vehicle is endangered.
In the event of such termination or repossession the hirer has no right to a refund of any part of the rental charges. The termination of the hire under this clause shall be without prejudice to the other rights of Apex under this agreement or otherwise.
18. Calculation of Charges
18.1 Apex calculates rental days as the number of consecutive 24-hour periods starting at the earlier of the time the rental was booked to start or the actual start time and finishing at the later of time the rental was booked to finish or the actual finish time. An extra day is charged after allowing a grace period of 1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of unauthorised late return.
18.2 Extensions authorised by Apex are charged at the same daily rate as the original rental.
18.3 All transactions under this agreement are calculated in Australian dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the hirer’s credit card. Apex accepts no liability for any such variations.
19. Tolls and Infringement Fees
19.1 In the event that Apex receives an Unpaid Toll Notice relating to the period the vehicle was on hire, an administration fee of $40.00 will be charged in addition to the toll fee.
19.2 In the event that Apex receives notice of a speeding, parking or other traffic infringement relating to the period the vehicle was on hire, Apex will complete a statutory declaration nominating the hirer as the driver of the vehicle and an administration fee of $40.00 will be charged.
20. Release and Indemnity of Apex
20.1 The hirer releases Apex and its employees and agents from any liability to the hirer, for any loss or damage incurred by the hirer by reason of rental, possession or use of the vehicle.
20.2 The hirer hereby indemnifies and shall keep indemnified Apex and its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by the hirer by reason of the hirer’s use and/or possession of the vehicle.
20.3 The hirer acknowledges that Apex relies on the truth of the hirer's representations in this agreement.
21. Personal Injury, Personal Property and Storage of Property
21.1 Apex recommends that all people travelling in Australia take out Personal Travel Insurance.
Apex does not accept any liability for:
(a) Personal injuries sustained during the rental;
(b) Damage or loss of the hirer’s personal property;
(c) Property belonging to any other person which is carried in the vehicle.
21.2 In the event that the hirer or any other person leaves any property with Apex for any reason this is entirely at that person’s own risk and Apex will not accept any liability for damage or loss for any reason whatsoever.
22. Claims Against Third Parties
22.1 Apex is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss including the hirer’s liability paid to Apex. Apex will provide an invoice for any amount paid to Apex by the hirer. Apex will not provide repair quotes, police reports, photographs or any other information to the hirer or any other party.
22.2 In the event that the hirer believes that their credit card issuer will cover the hirer’s liability or any other amount due under the terms of this agreement, the hirer will pay the sum directly to Apex and Apex will provide an invoice for the sum paid. Apex does not undertake to provide repair quotes, police reports, photographs or any other information to the hirer or credit card issuer.
23. Payment Options
23.1 A credit card must be presented at the start of the hire along with FULL drivers licences for all drivers. Please Note: Debit cards can be used for payment but are subject to additional security bonds.
23.2 Apex Australia accepts Visa or Mastercard.
23.3 If paying by debit card you will need to pay a bond. The bond amount charged depends on the length of rental and whether or not you take Collision Damage Waiver (CDW) insurance cover.
24. Driver Licence Requirements
24.1 You must have a current and valid full driver licence to rent a car from Apex Australia. If you have an International Driving Permit you must also carry your current and valid driver licence. If your overseas driver licence is not in English, you must also carry an accurate English translation or International Licence issued by one of the following:
A National Accreditation Authority for Translators and Interpreters (NAATI) - www.naati.com.au - or an Australian Institute of Interpreters and Translators (AUSIT) - www.ausit.org - accredited translator.
A diplomatic representative at a high commission, embassy or consulate
The authority that issued your overseas licence
IMPORTANT NOTE: An International Driving Permit (issued in accordance with a United Nations Convention on Road Traffic) is acceptable only as a translation.
Terms of booking on this website
The rates on this website are often heavily discounted. This is due to our negotiated rates and bulk buying power. On very rare occasions, a rate may be displayed incorrectly due to our, or a vehicle supplier's error. In such a case, if you book with us at a quoted rate that is incorrect, we will notify you of any price change and give you the option to proceed or cancel. We make every effort to keep information on our site up to date, but we cannot guarantee this website is free of errors or omissions and retain the right to update or change the information published at any time.
To the extent permitted by law we/the owners of this website will not be liable to you or to any third party (whether in contract, tort, or otherwise) for any direct, indirect or consequential loss or damage (including but not limited to any accident, injury, delay or loss of enjoyment) arising out of your reliance upon information contained on this website, including but not limited to your use (or inability to use) any products or services described or procured through this website.
When you pick up your vehicle, you will be required to sign a rental agreement with the supplier of the vehicle. Your rental and use of the vehicle will be governed by the terms of the rental agreement and any other documentation or information provided to you by the supplier at the time you pick up your vehicle. The rental agreement is between you and the supplier and we will not be liable to you or to any third party in relation to the terms of the supplier's rental agreement or any other documentation provided to you by the supplier at the time of pick up.
While we will make reasonable efforts to ensure we are representing only reputable suppliers, we make no warranty about the fitness or suitability of any third party (supplier) product or service and will not accept responsibility for the quality or fitness of any vehicle. We welcome feedback from our customers on their experience with our suppliers. We may, at our discretion, provide you with reasonable assistance in resolving any dispute you may have with a supplier.
Our total liability to you in relation to your use of this website and the information contained on this website will not exceed the dollar amount of the deposit we have received from you in relation to your booking/rental. Refunds will not be made for bookings cancelled due to inclement weather. Again, we strongly recommend that you take out travel insurance. Your use of this website is governed by the laws of New Zealand and the jurisdiction of the New Zealand courts.
To make a booking you must complete our booking form which is easy to follow and secured with the latest encryption technology. Once we receive your form, we will, subject to availability, confirm your booking by emailing you a confirmation voucher and invoice.
If you are booking via phone, please make sure you have read the terms and conditions of the vehicle you wish to rent first. Our reservations consultant will ask you if you have read the terms and agree to them before proceeding. The onus is always on the renter to ensure they make themselves fully aware of the terms displayed on our website.
In booking on this website you acknowledge that we disclose your information to your selected Supplier in order to provide the requested rental services.
Vehicle capacity and fitness to drive
Under no circumstances are you permitted to carry more passengers than the vehicle you rent is legally registered to carry, and if you do your insurance may be invalidated. The number of seatbelts (and passengers) is indicated next to each vehicle on this website. Luggage capacity where shown is an indication only and we will not be responsible should you be unable to fit your entire luggage into a vehicle. It is your responsibility to choose a journey that is within your capabilities. A vehicle supplier can refuse to rent a vehicle to any person who is in their opinion unfit to drive or does not meet eligibility requirements. In such circumstances we will have no further liability to you.
In the event of cancellation, any deposit amounts paid at the time of booking are non-refundable.
If you are unsatisfied with our service, please contact us within 48 hours of placing your booking or request and we will work to resolve any issues and determine if compensation is due. In the event you have completed your rental and are unhappy with your vehicle, we are happy to assist you in seeking compensation from the operator of the vehicle.
This website is owned and operated by Online Republic Ltd. Our financial centre and marketing office is based at Level 4 Excelsior House, 6 Commerce St , Auckland, New Zealand. In Australia, we are based at Suite 3.01, 11 Queens Rd, Melbourne VIC 3004. Thank you for booking with us.
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