Terms & Conditions

PART A – SCHEDULE

The information provided by you on the online booking system forms part of – (Part A – Schedule)

PART B – BACKGROUND

  1. Drive to Ride has agreed to hire the Ute to You.
    B.     Drive to Ride and You have agreed to enter into this agreement to set out the terms and conditions of the hire of the ute.

AGREED TERMS

PART C – AGREEMENT TO HIRE

  1. You acknowledge that You have received and understood the terms and conditions in this Agreement.
  2. You authorise Drive to Ride to charge all unpaid monies due to the credit card provided on this Agreement or any other credit card or cheque account provided to settle any charges and obligations payable on this Rental Agreement.
  3. If You return the Ute more than 60 minutes after the nominated Return Time, the Late Return Fee  will be payable.
  4. On and from the Commencement Date, Drive to Ride shall lease to You and You shall lease from Drive to Ride the Ute for the Rental Period at the total Hire Fee and on the terms and conditions contained in this Rental Agreement.
  5. Please note that Credit Card and Cash Bonds will not be released prior to 14 days from the date the Ute is returned to DRIVE TO RIDE.

PART D – INTERPRETING YOUR AGREEMENT

This Rental Agreement (“Rental Agreement”) between DRIVE TO RIDE and You is made on the date shown in the Schedule. In the Rental Agreement:

  1. ‘Rental Agreement’ means this agreement.
  2. “Additional Insurance Levy” means the LDW amount specified in Item 6 of the Schedule (if any) or the Excess Reduction amount specified in Item 13 of the Schedule (if any).
  3. ’Australian Consumer Law‘ means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time.
    ’Authorised Driver‘ means:
    a) an additional driver who is noted on the Item 2 of the Schedule as an Authorised Driver.
  4. b) Your spouse; and
  5. c) Your employer for a fellow employee, if either is engaged in activities that are incidental to Your business duties.
  6. ‘Collection Costs’ means DRIVE TO RIDE reasonable costs of collecting unpaid Rental Charges from You (including DRIVE TO RIDE’s legal costs) and DRIVE TO RIDE’s administration fees.
  7. ‘Day’ means a calendar day.
  8. ‘Excess Amount’ means the amount shown as Excess Amount in Item 7 of the Schedule.
  9. ‘Excess Reduction’ means the product called Excess Reduction that You may purchase before the rental commences to reduce any excess amount payable.
  10. ‘GST’ has the same meaning as it does under the GST Act.
  11. ‘GST Act’ means A New Tax System (Goods and Services Tax) Act 1999 as amended.
  12. ‘Hire Fee’ means the base hire fee set out in clause 18 of this Agreement plus the Service Fee plus the Insurance Levy (if any).
  13. ‘Insurance Levy’ means the levy amount selected in Item 6 or Item 13 of the Schedule (if any).
  14. ‘Insurance Policy’ means the insurance held by DRIVE TO RIDE in relation to the Ute, a copy of which has been made available to You.
  15. ‘Late Return Fee’ means the late return fee specified in Item 11 of the Schedule.
  16. ‘Loss Damage Waiver’ or ‘LDW’ means the loss damage waiver described in Item 6 of the Schedule which reduces Your financial responsibility for loss damage to the Ute to the Excess Amount specified in Item 7 of the Schedule.
  17. ‘Overhead Damage’ means damage (excluding hail damage) to the Ute above the top of the door seal or the top of the front and back windscreens, or damage to the third party property, caused by the Ute coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Ute, or You or any person standing or sitting on the roof of the Ute.
  18. ’DRIVE TO RIDE’ means Hayden Stewart Lilley.
    ‘Rental Charges’ means the Hire Fee specified in Item 10 of the Schedule and costs, amounts and charges otherwise specified in this Rental Agreement.
  19. ’Rental Period’ means the period commencing at the Commencement Time specified in Item 8 of the Schedule (or earlier time that You take possession of the Ute) and ending on the date that You return the Ute to DRIVE TO RIDE.
  20. ‘Schedule’ means Part A of this Agreement.
  21. ’Substitute Insurance’ means a policy of insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Ute as a substitute for the Ute insured under that policy.
  22. “Service Fee” means an amount equivalent to 15% of the Hire Fee.
    ’Ute’ means the Ute described in Item 5 of the Schedule (or any substitute Ute), and includes its parts, components, accessories and contents supplied by DRIVE TO RIDE.
  23. ’You’ or ’Your’ refers to the person(s) noted as Customers in Item 3 of the Schedule.
  24. DRIVER
    1.1.  You agree, acknowledge and warrant that:

(a)    only You or an Authorised Driver will tow the Ute; and

(b)    You and any Authorised Driver are currently licensed to tow the Ute and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence); and

(c)    You and the Authorised Driver are not under 21 years age; and

(d)    You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last 3 years.

  1. WHERE YOU CAN AND CANNOT TOW THE UTE
    2.1.  You and any Authorised Driver must only use the Ute on a road, which is properly formed and constructed as a sealed road.

2.2.  You and any Authorised Driver must not, unless authorised in writing by DRIVE TO RIDE, tow or take the Ute:

(a)    to Kangaroo Island; however, if so authorised,  You and any Authorised Driver must not tow the Ute between sunset and sunrise outside the town limits;

(b)    to Fraser Island, Bruny Island, Groote Eylandt, to Gove Peninsula, Tiwi Islands, Stradbroke Islands, Moreton Island, or any island off the coast of Australia;

(c)    into or out of the Northern Territory, Tasmania, or to any points in Western Australia north of Carnarvon;

(d)    in Queensland:
(1) on Highway No. 27 beyond Chillagoe in a Westerly direction;
(2) on Highway No. 1 beyond Normanton in a Southerly direction and no further North than Karumba;
(3) beyond Cooktown to the North or Lakeland to the West and no further than Cape Tribulation on the Coast Road;

(4) on the Coast Road from Helenvale to Cape Tribulation, or from Laura to Lakeland;

(e)    in the snow (at anytime and anywhere (including Tasmania));

(f)      above the snow line in:

(1) in New South Wales (being Jindabyne); or

(2) Victoria (being Bright),

(g)    on beaches or through streams, dams, rivers or flood waters;

(h)    in the Northern Territory:

(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or

(2) outside any town or city limits between sunset and sunrise.

(i)      in Western Australia:

(1) to any parts North of Carnarvon;

(2) on the Gibb River, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Hollard Track;

(3) beyond 100 kilometres of the Perth city limits between sunset and sunrise; or

(4) otherwise, outside any town or city limits between sunset and sunrise.

  1. THE UTE
    3.1.  You and any Authorised Driver must:

(a)    not allow the Ute to be used for any illegal purpose, race, contest or performance test of any kind;

(b)    not allow the Ute to be used to tow or push anything;

(c)    not accommodate more passengers than may be properly accommodated in accordance with the Ute’s manufacturers’ specifications and any releUtet laws, , or carry a greater load than that for which it was built in accordance with the manufacturers’ specifications;

(d)    not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Ute is used;

(e)    not allow the Ute to be used to carry passengers for payment or reward of any kind;

(f)      not use the Ute when it is damaged or unsafe;

(g)    not use the Ute 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 Ute manufacturer’s and DRIVE TO RIDE’s recommendations;

(h)    not use the Ute for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Ute was constructed;

(i)      not, without DRIVE TO RIDE’s prior written consent, use the Ute to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and

(j)      not use the Ute in contravention of any law; and

(k)     not or permitted to, operate the Ute except in accordance with the manufacturer’s recommended guidelines and specifications and must at all times comply with all statutory or other requirements which may affect the Ute or the use thereof and will observe the provisions of any statute regulation or by-law relating thereto, including but not limited to traffic laws.

3.2.  You must pay for any unauthorised repairs to the Ute and for all parking and traffic infringements in respect of the Ute during the Rental Period.

3.3.  You and any Authorised Driver must not carry any animal or pet in the Ute.

3.4.  You and any Authorised Driver must not tow the Ute if DRIVE TO RIDE has so directed You and any Authorised Driver.

3.5.  You and any Authorised Driver or any passenger must not smoke in the Ute.

3.6.  The Ute remains the property of DRIVE TO RIDE at all times.

3.7.  During the Rental Period, You shall not part with possession of the Ute or allow any other person (other than an Authorised Driver) to exercise effective control over the Ute and You shall not sell dispose of or otherwise encumber the Ute or any part thereof.

3.8.  You must operate the Ute with an adequate motor vehicle at all times.

  1. MAINTENANCE, SECURITY AND SAFETY
    4.1.  You and any Authorised Driver must:

(a)    keep the Ute locked and the keys under Your or the Authorised Driver’s personal control at all times; and

(b)    comply with any applicable seat belt and child restraint laws.

4.2.  You must not service the Ute or have repairs to the Ute carried out unless DRIVE TO RIDE authorises You to do so. DRIVE TO RIDE requires verification of the cost of repairs for audit and GST purposes. You must obtain an original tax invoice/receipt to assist DRIVE TO RIDE. DRIVE TO RIDE will reimburse You for any repairs to the Ute authorised by it, provided that the cost of those repairs is verified to the extent that DRIVE TO RIDE cannot verify the cost of repairs, DRIVE TO RIDE will not reimburse You.

4.3.  You and DRIVE TO RIDE acknowledge that the Ute is generally in an undamaged condition except as otherwise stated in the Schedule.

  1. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
    5.1.  Subject to this clause 5, and to the fullest extent permitted by applicable law, You are liable:

(a)    for the loss of, and all damage to, the Ute; and

(b)    for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Ute by You or an Authorised Driver.

This clause 5 does not apply to any damage or loss for which DRIVE TO RIDE is liable to You under this Rental Agreement.

5.2.  Subject to clause 5.3, if:

(a)    You accept the Loss Damage Waiver option in the Schedule at the commencement of the Rental Period; and

(b)    where applicable, You pay the excess shown in the Schedule, for each separate event involving damage to or loss of, the Ute or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Ute by You or an Authorised Driver, DRIVE TO RIDE:

(c)    waives Your liability under clause 5.1 for damage to the Ute or loss of the Ute; PROVIDED THAT

the damage or loss is covered by the Insurance Policy.

5.3.  You must always pay, and clause 5.2 does not cover:

(a)    the excess shown in the Schedule if there is damage to or loss of the Ute or if there is damage to the property of any third party;

(b)    the cost of rectifying any tyre damage not attributable to normal wear and tear;

(c)    the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other operator of the Ute; or
(iii) any passenger carried during the Rental Period;

(d)    the cost of repairing any damage to the Ute or to third party property caused by You or an Authorised Driver using, or permitting the Ute to be used, in any area prohibited by the Rental Agreement;

(e)    the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Ute and objects overhanging or obstructing the path of the Ute;

(f)      the cost of repairing any water damage to the Ute or any underbody damage, and any resulting damage from that underbody damage, to the Ute;

(g)    under any circumstances where the Ute has been refuelled with fuel other than that recommended by the Ute manufacturer;

(h)    under any circumstances where the Ute and its keys are unsecured; and

(i)      any damage or loss which is not covered by DRIVE TO RIDE’s Insurance Policy.

5.4.  For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by DRIVE TO RIDE the amount which includes:

(a)    the cost of repairs to the Ute or the market value of the Ute at the time of the loss or damage, whichever is the lesser;

(b)    appraisal fees;

(c)    towing, storage and recovery costs;

(d)    a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and

(e)    a per day loss of use fee based on the estimated downtime of the Ute.

If the amount determined by DRIVE TO RIDE and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, DRIVE TO RIDE will refund the difference to You.

  1. RETURN OF UTE
    6.1.  You must return the Ute to DRIVE TO RIDE:

(a)    to the place, on the date and by the time shown in the Schedule (or sooner if required under clause 6.4); and

(b)    in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.

6.2.  You must return the Ute to a DRIVE TO RIDE location during our normal business hours. If You return the Ute later than the time shown in the Schedule, You must pay all additional rental charges.

6.3.  If:

(a)    You return the Ute on a date, or at a time, or to a place other than that shown in the Schedule; or

(b)    any special conditions set out in the “Rates” section on the Rental Agreement are breached, the rates shown on the Rental Agreement will not apply and You must pay the DRIVE TO RIDE standard rate for the Ute for the Rental Period.

6.4.  DRIVE TO RIDE may request the immediate return of the Ute, or DRIVE TO RIDE may re-take the Ute without notice, if DRIVE TO RIDE reasonably suspects that:

(a)    You have breached a term or condition of the Rental Agreement;

(b)    damage to the Ute, or injury to persons or property is likely to occur; or

(c)    the Ute will be involved in an industrial dispute; or

(d)    the Ute may be used for an unlawful purpose;

6.5.  You must also pay DRIVE TO RIDE any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Ute.

6.6.  DRIVE TO RIDE reserves the right to refuse hire of another Ute to You following any incident or accident or where You have breached a condition of this Rental Agreement.

  1. CLAIMS AND PROCEEDINGS
    7.1.  Where the use of the Ute by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Ute or any third party property, You and/or any Authorised Driver must:

(a)    promptly report such incident to the local police;

(b)    promptly report such incident in writing to DRIVE TO RIDE;

(c)    not, without DRIVE TO RIDE’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;

(d)    permit DRIVE TO RIDE or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name and/or the Authorised Driver’s name;

(e)    permit or ensure that DRIVE TO RIDE may claim in Your name or that of the Authorised Driver under any applicable Substitute Insurance, and assist, and cause the Authorised Driver to assist, DRIVE TO RIDE in making such a claim, including assigning any right to claim under any Substitute Insurance to DRIVE TO RIDE; and

(f)      complete and furnish to DRIVE TO RIDE within a reasonable time any statement, information or assistance which DRIVE TO RIDE or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

  1. PAYMENT
    8.1.  At the end of the Rental Period, You must pay DRIVE TO RIDE on demand:

(a)    all charges specified on the Rental Agreement and all charges payable under the Rental Agreement;

(b)    any amount paid or payable by DRIVE TO RIDE or You to any person arising out of Your use of the Ute or imposed on You or DRIVE TO RIDE by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and

(c)    any amount for which You are liable to DRIVE TO RIDE under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.

8.2.  The minimum charge You must pay for the rental of the Ute is an amount equivalent to:

(a)    one day’s rental at the “daily rate” shown on the Rental Agreement (subject to clause 6.4).

8.3.  You authorise DRIVE TO RIDE to charge all moneys payable to DRIVE TO RIDE under the Rental Agreement to Your credit card or charge account.

8.4.  DRIVE TO RIDE will pay any refund due to You by such method as DRIVE TO RIDE may reasonably choose.

  1. RISK AND LIABILITY OF DRIVE TO RIDE
    9.1.  Unless it is negligent, DRIVE TO RIDE is not liable to any person, and You indemnify and agree to keep indemnified DRIVE TO RIDE, from and against all actions suits proceedings claims demands losses damages costs and expenses for which DRIVE TO RIDE shall or may be or become liable in respect of or arising from:

(a)    loss damage or injury from any cause whatsoever to property or person caused or contributed to by use of the Ute by You or any serUtet agent sub-tenant lessee or other person;

(b)    loss damage or injury from any cause whatsoever to property or person occasioned or contributed to by any act omission neglect breach or default of You or any serUtet agent contractor or sub-contractor or other person as aforesaid;

(c)    any neglect or default on the part of You to observe and perform any of the covenants or agreements on the part of You contained or implied in this Agreement, and whether positive or negative;

(d)    any loss of, or damage to, any property stolen from the Ute or otherwise lost during the rental; or

(e)    for any loss of, or damage to, any property left in the Ute after its return to DRIVE TO RIDE.

9.2.  The use and operation of the Ute is the sole responsibility of You and such responsibility shall ensure for the term of this Rental Agreement or such other period during which You or an Authorised Driver  have possession or control of the Ute.

9.3.  You and the Authorised Driver and any passengers must not do or knowingly suffer to be done any matter or thing whereby any insurance effected or which may be effected by DRIVE TO RIDE on or in relation to the Ute may be invalidated or become void or voidable or the premium therefor increased.

9.4.  You will save and hold DRIVE TO RIDE harmless from all losses, damages, claims penalties, liabilities and expenses including legal costs howsoever arising or incurred because of or incidental to the Ute or the use, operation, maintenance, repair or storage or alleged use, operation, maintenance, repair or storage thereof.

9.5.  You acknowledge and agree that DRIVE TO RIDE shall not be liable for any liability, claim, loss, damage or expense of any kind or nature:

(a)    caused directly or indirectly by the Ute or any inadequacy thereof for any purpose or any defect therein or by the use thereof; or

(b)    in relation to any repairs, servicing, maintenance or adjustments to the Ute or in relation to any delay in providing or failure to provide the same or in relation to any interruption or loss of use thereof or any loss of business or any damage whatsoever and howsoever caused.

9.6.  You acknowledge and agree to be solely responsible for obtaining all necessary approvals and permits to allow You to use the Ute.  You must comply with all releUtet acts, regulations and by-laws relating to the registration or licensing of the Ute or in any other matter relating to them or their use and will obtain and throughout the currency of the term of this Rental Agreement keep current and in force all necessary licenses, permits and registrations required to operate the Ute.

9.7.  The indemnities and assumptions of liability contained in this Rental Agreement will continue in full force and effect notwithstanding the termination of this Rental Agreement whether by expiration of time or otherwise as to any act or omission relating to the Ute occurring during the continuance of the Rental Period which at any time is claimed to have created a cause of action against DRIVE TO RIDE or assumption of liability by You.  The indemnities and assumption of liability against any claims for patent infringements will continue in full force and effect throughout the life of the Ute, except as to any alterations or modifications to the Ute occurring after the termination of this Rental Agreement.

  1. CONSUMER RIGHTS STATEMENT
    10.1. All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.

10.2. To the extent that the Australian Consumer Laws (or any other law) which cannot be excluded do not apply, DRIVE TO RIDE makes no warranty that the Ute is suitable for or approved for Your proposed use and You enter into this Rental Agreement with full acceptance of and subject to any prohibitions, limitations or restrictions on the use of the Ute.  You further accept the Ute in an “as is” condition as at the Commencement Time with all latent and patent faults and defects (if any).

  1. TERMINATION
    11.1. Either party may terminate the Rental Agreement at any time.

11.2. You may terminate the Rental Agreement at any time for any other reason.

11.3. If the Rental Agreement is terminated early for any reason other than a breach by DRIVE TO RIDE, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.

11.4. Upon the occurrence of any of the following events, that is to say:

(a)    You make default in payment of any moneys on the day on which the same become due and payable under this Rental Agreement;

(b)    You make default in duly performing or observing any of the provisions of this Rental Agreement;

(c)    the Ute is damaged during the Rental Period;

(d)    the Ute is lost or stolen;

(e)    any representation or warranty contained in this Rental Agreement is found to have been false or misleading in any material respect when made;

(f)      a judgment is entered against You or an Authorised Driver on a claim not covered by insurance and such judgment, in the opinion of DRIVE TO RIDE, has a material adverse effect on the financial position of You or an Authorised Driver;

(g)    where You or an Authorised Driver are a natural person, You or the Authorised Driver commit an act of bankruptcy or becomes bankrupt or makes any assignment of Your or the Authorised Driver’s estate or any part thereof for the benefit of creditors or otherwise takes adUtetage of any law for the time being in force relating to insolvent debtors;

(h)    where You are a corporation, an official manager or inspector or administrator of You is appointed or a petition is lodged or an order is made or a resolution is passed for the winding‑up of You or placing You under official management or administration or any meeting is convened for the purpose of considering any such resolution;

(i)      a receiver or receiver and manager of the undertaking or property of You or any part thereof is appointed;

(j)      You suspend payment of its debts or, without the consent in writing of the DRIVE TO RIDE, ceases or threatens to cease to carry on a substantial part of Your business;

(k)     if any execution is issued out against or any distress is levied upon any of Your or the Authorised Driver’s assets;

(l)      any default is made or occurs under any of the Securities;

(m)   any other indebtedness of You or the Authorised Driver for moneys borrowed or raised is not paid at the maturity thereof or becomes due or payable prior to the date of maturity thereof due to default thereunder and is not paid on the due date or within any period of grace allowed for payment thereof,

DRIVE TO RIDE may at its option and notwithstanding any delay or previous waiver of the right to exercise such option:

(a)    without prejudice to any other rights at any time during the continuance of the breach, terminate this Rental Agreement and sue You and the Authorised Driver in breach for damages for breach of the Rental Agreement and all expenses incurred by DRIVE TO RIDE suffering the effects of the breach; and/or

(b)    without any further notice, take possession of the Ute and deal with the Ute in any manner DRIVE TO RIDE sees fit.  You and the Authorised Driver hereby irrevocably provides a licence to DRIVE TO RIDE and any agents of DRIVE TO RIDE to enter onto Your (or the Authorised Driver’s) property or property of related entities or wherever else the Ute is located for the purpose of taking possession or control of or recovering possession or control of the Ute after an act of default.  You and the Authorised Driver acknowledge and agree that any action taken by DRIVE TO RIDE under this subclause will not give rise to an action for trespass or conversion against DRIVE TO RIDE or its agents.

11.5. You must on demand reimburse DRIVE TO RIDE for all costs, charges, expenses, fees or disbursements (including all reasonable legal costs on a solicitor and own client basis) paid or incurred by DRIVE TO RIDE of or incidental to:

(a)    any breach, default or repudiation of this Rental Agreement (including the fees of all professional consultants properly incurred by DRIVE TO RIDE in consequence of, or in connection with, any such breach, default or repudiation); and

(b)    the exercise or attempted exercise or any right, power, privilege, authority or remedy of DRIVE TO RIDE under or by virtue of this Rental Agreement, including all amounts incurred in repossessing the Ute from You or a related party under the terms of this Rental Agreement and in enforcing this Rental Agreement generally.

  1. PRESUMPTIONS AND INTERPRETATION
    12.1. Unless the context otherwise requires:

(a)    A word which denotes the singular denotes the plural and vice versa;

(b)    Any gender denotes the other genders; and

(c)    A person includes an individual, a body corporate and a government body.

12.2. Unless the context otherwise requires, a reference to:

(a)    Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;

(b)    Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.

  1. GST
    13.1. In this clause: “GST”, “taxable supply” and “tax invoice” have the same meanings as in the GST Act.

13.2. You agree to pay DRIVE TO RIDE on demand GST in addition to any GST-exclusive sum payable under this Rental Agreement for a taxable supply (inclusive) by DRIVE TO RIDE to You.

13.3. DRIVE TO RIDE shall deliver to You contemporaneously with a demand for payment of GST a tax invoice for a taxable supply made by DRIVE TO RIDE to You.

  1. REPRESENTATIONS AND WARRANTIES
    14.1. You and the Authorised Driver represents and warrants for the benefit of DRIVE TO RIDE as at the date hereof and at the Commencement Time that:

(a)    You and the Authorised Driver have full power to enter into this Rental Agreement and to perform and observe all the terms hereof and have taken all action necessary to enter into this Rental Agreement;

(b)    this Rental Agreement is a legal valid and binding agreement, enforceable against You and the Authorised Driver in accordance with its terms;

(c)    the execution, delivery and performance of this Rental Agreement will not violate any provision of any agreement or other instrument to which You or the Authorised Driver are a party or which is binding upon You or the Authorised Driver;

(d)    there is no litigation, tax claim, proceeding or dispute pending or, to the knowledge of You or the Authorised Driver, threatened against or affecting You or the Authorised Driver or the property of You or the Authorised Driver which might affect the financial position or operations of You or the Authorised Driver or impair Your or the Authorised Driver’s ability to perform their respective obligations hereunder;

(e)    no event has occurred and is continuing which constitutes an event of default or which, with lapse of time or the giving of notice or the satisfaction of some other condition, would become such an event of default; and

(f)      all information, financial and other, furnished by You and the Authorised Driver to DRIVE TO RIDE is complete and correct and fairly represents the position of You and the Authorised Driver.

  1. NOTICE
    15.1. Notice is deemed to be given by DRIVE TO RIDE to You when DRIVE TO RIDE sends a notice to You or the Authorised Driver to any address (including an email address or mobile phone number) supplied by You.

15.2. You and the Authorised Driver hereby irrevocably agrees to receive notices at any address (including an email address or mobile phone number) supplied by You.

  1. MISCELLANEOUS
    16.1. You shall pay to DRIVE TO RIDE from time to time upon demand:

(a)    all (stamp) duty payable, GST, any other taxes, duties, tolls, fines, penalties, levies or charges on or in respect of this Rental Agreement and the securities or in respect of any matter or thing done hereunder or thereunder;

(b)    all costs, expenses and outgoings (including legal costs on a solicitor and own client basis) of or incidental to the preparation, execution and stamping of this Rental Agreement and the securities;

(c)    all registration costs for the securities;

(d)    all cleaning costs; and

(e)    the full costs of repairing any damage to the Ute caused or contributed to by You, the Authorised Driver or any related parties.

16.2. No delay or omission to exercise any right, power or remedy accruing to DRIVE TO RIDE upon any breach or default by the You under this Rental Agreement shall impair any such right, power or remedy nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring.  Nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring.

16.3. Any waiver, permit, consent or approval of any kind or character on the part of DRIVE TO RIDE of any breach or default of this Rental or any waiver on the part of DRIVE TO RIDE of any provision or condition of this Rental Agreement must be in writing and shall be effective only to the extent specifically set forth in such writings.

16.4. This Rental Agreement shall be governed by and construed in accordance with the law for the time being in force in the State of Queensland and You and DRIVE TO RIDE hereby submit to the jurisdiction of the Courts of that State.

16.5. If any provision of this Rental Agreement shall at any time be or become void, voidable or unenforceable, that provision shall be severed from the rest of this Rental Agreement and shall not affect or invalidate the remaining provisions hereof which shall continue in full force and effect.

16.6. This Rental Agreement and any of its Schedules may be executed in any number of counterparts.  A counterpart may be a facsimile to an electronic copy.  Together all counterparts make up one (1) document.  If this Rental Agreement is executed in counterparts, it takes effect when each party has received the counterpart by the other party, or would be deemed to have received the counterpart.

16.7. No variation, modification or waiver of any provision of this Rental Agreement shall be of effect until confirmed in writing and signed by all parties and shall be limited and the variation, modification or waiver expressly provided.

16.8. Nothing contained or implied in this Rental Agreement will be deemed or construed to create the relationship of partnership or of principal and agent or of joint venture between DRIVE TO RIDE and You.  Specifically, it is understood and agreed that neither the method of computation of the hire fees, nor any other provision, nor any acts of You and DRIVE TO RIDE or either of them will be deemed to create any relationship between them other than the relationship of lessor and lessee upon the terms and conditions only as provided in this Rental Agreement.

16.9. DRIVE TO RIDE may at any time assign, charge or otherwise deal with the Ute or its right, title and interest pursuant to this Rental Agreement.

17.   Cancellation Policy

  1. If cancelled from 30-22 days prior to pick up – 10% of Rental.
  2. If cancelled from 21-7 days prior to pick up – 20% of Rental.
  3. If cancelled from 6-2 days prior to pick up – 50% of Rental.
  4. If cancelled day before pick up or on the day of pick up – 100% of Rental.