Damage Cover. 5.1. Subject to this Clause 5, if the Vehicle is involved in an Incident (not being an Excluded Incident) you may request to purchase damage cover in respect of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage cover, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that you at any time have or might have against any other person (except for any personal injury) because of the Incident are assigned to us (“the Assigned Rights”). Subject to the terms of this Agreement, provided you are entitled to purchase damage cover at the time the Liability Fee is paid by or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 (inclusive of legal costs and interest) in respect of: (a) any loss or damage to the Vehicle; and (b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident. 5.2. You are not entitled to purchase (and we may decline to sell) damage cover if You: (i) do not do so within 12 hours of the Incident; (ii) are in breach of this Agreement at any time before or after the Incident; (iii) are insured for the Incident; (iv) have admitted fault or liability for the Incident; (v) have done or omitted to do anything that in our opinion detrimentally affects any of the Assigned Rights or our ability to defend any legal proceedings; (vi) cannot or do not identify the other vehicle or driver involved; or (vii) the Incident is an Excluded Incident. 5.3. We offer Liability Reduction Option to reduce the Liability Fee payable, or widen the extent of damage cover provided, in the event that you purchase damage cover for an Incident pursuant to clause 5.1. SVR Cover is available as a Liability Reduction Option for 2WD and 4WD vehicles to provide extended damage cover for an SVR. A Liability Reduction Option applies if and only if: (i) the driver at the time of the Incident was not an Unauthorised Person; (ii) you have: (a) selected the relevant Liability Reduction Option at the time of hire, (b) paid the applicable Liability Reduction Fee in accordance with clause 2.2, and (c) complied with all requirements applicable to the relevant Liability Reduction Option,
Appears in 2 contracts
Samples: Rental Agreement, Rental Agreement
Damage Cover. 5.1. Subject to this Clause 5, if the Vehicle is involved in an Incident (not being an Excluded Incident) you may request to purchase damage cover in respect of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage cover, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that you at any time have or might have against any other person (except for any personal injury) because of the Incident are assigned to us (“the Assigned Rights”). Subject to the terms of this Agreement, provided you are entitled to purchase damage cover at the time the Liability Fee is paid by or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 (inclusive of legal costs and interest) in respect of: (a) any loss or damage to the Vehicle; and (b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident.
5.2. You are not entitled to purchase (and we may decline to sell) damage cover if You: (i) do not do so within 12 hours of prior to the Incident; (ii) are in breach of this Agreement at any time before or after the Incident; (iii) are insured for the Incident; (iv) have admitted fault or liability for the Incident; (v) have done or omitted to do anything that in our opinion detrimentally affects any of the Assigned Rights or our ability to defend any legal proceedings; (vi) cannot or do not identify the other vehicle or driver involved; , or (vii) the Incident is an Excluded Incident.
5.3. We offer Liability Reduction Option to reduce the Liability Fee payable, or widen the extent of damage cover provided, in the event that you purchase damage cover for an Incident pursuant to clause
clause 5.1. SVR Cover is available as a Liability Reduction Option for 2WD and 4WD vehicles to provide extended damage cover for an SVR. A Liability Reduction Option applies if and only if: (i) the driver at the time of the Incident was not an Unauthorised Person; (ii) you have: (a) selected the relevant Liability Reduction Option at the time of hire, (b) paid the applicable Liability Reduction Fee in accordance with clause 2.2, and (c) complied with all requirements applicable to the relevant Liability Reduction Option,, (iii) damage cover is not otherwise excluded, either generally or under the terms applicable to the relevant Liability Reduction Option, under any exclusions or limitations set out on in this Agreement or on our Policies Page, and (iv) you are not precluded from purchasing damage cover because of clause 5.2.
5.4. Notwithstanding anything in this Agreement to the contrary, you are wholly responsible for and damage cover does not apply (irrespective of any Liability Reduction Option having been selected) to reduce or exclude your Liability for or in relation to: (a) any recovery fees (including towing charges) incurred in recovering any vehicle from the site of any Incident or other breakdown, including where the Vehicle has become bogged, submerged, caught, trapped, stuck or restricted in any way or has been abandoned, (b) any Loss or Liability arising from any theft of or from, fire to or unlawful entry into the Vehicle, (c) any Losses associated with retrieval of keys which have been locked in the Vehicle or the loss or theft of any keys to the Vehicle; (d) damage sustained to the Vehicle: (i) in an SVA except where the SVA is an SVR and SVR Cover applies; (ii) between dusk and xxxx; (iii) whilst it is being used outside the Permitted Area of Use; (iv) whilst it is being driven by or otherwise in the Possession or under the control of an Unauthorised Person; or (v) in connection with any river crossing, flooding, beach driving or contact with salt water; (e) any damage to the Vehicle that has been caused or contributed to any breach of this Agreement by any Hirer or by any act or omission of any other person travelling in the Vehicle (whether or not a Hirer), including but not limited to: (i) any failure to check and maintain fluid (including coolant) levels; (ii) any failure to drive in the appropriate gear; (iii) any failure to use the correct type of fuel, or to use uncontaminated fuel; or (iv) the continued operation of the Vehicle despite any defect that has come or ought reasonably to have come to your attention, except where you have communicated with us in relation to same and stopped, investigated, diagnosed, and facilitated any such defect to be repaired;
Appears in 1 contract
Samples: Rental Agreement
Damage Cover. 5.1. Subject to this Clause 5, if the Vehicle is involved in an Incident (not being an Excluded Incident) you may request to purchase damage cover in respect of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage cover, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that you at any time have or might have against any other person (except for any personal injury) because of the Incident are assigned to us (“the Assigned Rights”). Subject to the terms of this Agreement, provided you are entitled to purchase damage cover at the time the Liability Fee is paid by or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 (inclusive of legal costs and interest) in respect of: (a) any loss or damage to the Vehicle; and
(b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident.
5.2. You are not entitled to purchase (and we may decline to sell) damage cover if You: (i) do not do so within 12 hours of the Incident; (ii) are in breach of this Agreement at any time before or after the Incident; (iii) are insured for the Incident; (iv) have admitted fault or liability for the Incident; (v) have done or omitted to do anything that in our opinion detrimentally affects any of the Assigned Rights or our ability to defend any legal proceedings; (vi) cannot or do not identify the other vehicle or driver involved; or (vii) the Incident is an Excluded Incident.
5.3. We offer Liability Reduction Option to reduce the Liability Fee payable, or widen the extent of damage cover provided, in the event that you purchase damage cover for an Incident pursuant to clause
5.1. SVR Cover is available as a Liability Reduction Option for 2WD and 4WD vehicles to provide extended damage cover for an SVR. A Liability Reduction Option applies if and only if: (i) the driver at the time of the Incident was not an Unauthorised Person; (ii) you have: (a) selected the relevant Liability Reduction Option at the time of hire, (b) paid the applicable Liability Reduction Fee in accordance with clause 2.2, and (c) complied with all requirements applicable to the relevant Liability Reduction Option,, (iii) damage cover is not otherwise excluded, either generally or under the terms applicable to the relevant Liability Reduction Option, under any exclusions or limitations set out on in this Agreement or on our Policies Page, and (iv) you are not precluded from purchasing damage cover because of clause.
5.4. Notwithstanding anything in this Agreement to the contrary, you are wholly responsible for and damage cover does not apply (irrespective of any Liability Reduction Option having been selected) to reduce or exclude your Liability for or in relation to: (a) any recovery fees (including towing charges) incurred in recovering any vehicle from the site of any Incident or other breakdown, including where the Vehicle has become bogged, submerged, caught, trapped, stuck or restricted in any way or has been abandoned, (b) any Loss or Liability arising from any theft of or from, fire to or unlawful entry into the Vehicle, (c) any Losses associated with retrieval of keys which have been locked in the Vehicle or the loss or theft of any keys to the Vehicle; (d) damage sustained to the Vehicle: (i) in an SVA except where the SVA is an SVR and SVR Cover applies; (ii) between dusk and xxxx; (iii) whilst it is being used outside the Permitted Area of Use; (iv) whilst it is being driven by or otherwise in the Possession or under the control of an Unauthorised Person; or (v) in connection with any river crossing, flooding, beach driving or contact with salt water; (e) any damage to the Vehicle that has been caused or contributed to any breach of this Agreement by any Hirer or by any act or omission of any other person travelling in the Vehicle (whether or not a Hirer), including but not limited to: (i) any failure to check and maintain fluid (including coolant) levels; (ii) any failure to drive in the appropriate gear; (iii) any failure to use the correct type of fuel, or to use uncontaminated fuel; or (iv) the continued operation of the Vehicle despite any defect that has come or ought reasonably to have come to your attention, except where you have communicated with us in relation to same and stopped, investigated, diagnosed, and facilitated any such defect to be repaired; (f) damage sustained to the roof or underbody of the Vehicle (including any rooftop tents or any other rooftop accessories supplied with the Vehicle; (g) the loss or theft of, or damage to any accessories supplied with the Vehicle; (h) except as specified under the terms of any Liability Reduction Option, any tyre or windscreen damage sustained to the Vehicle; (i) any costs relating to the delivery of a voluntary replacement vehicle pursuant to clause 6.32; (j) any unexpired portion of the Term; (k) loss of or damage to any property being transported in the Vehicle or otherwise in the Possession of any Hirer at the time of the relevant Incident; or (l) any other Liability you may have pursuant to clause 3 for which we have not expressly agreed to indemnify you pursuant to clause 5.1. In this clause, a reference to the Vehicle includes any part of the Vehicle including its gearbox or engine. To avoid doubt, nothing in this clause authorises you to cause or effect any repairs or alterations to the Vehicle without our prior written consent.
5.5. You acknowledge and agree that: (a) only Authorised Drivers are permitted to drive the Vehicle under any selected Liability Reduction Option permitting extra drivers; (b) damage cover (including any Liability Reduction Option) applies to the specific Vehicle hired to you at the time of purchase and is
Appears in 1 contract
Samples: Rental Agreement
Damage Cover. 5.1. Subject 4.1 If You act within the terms and conditions of the Agreement We will grant Damage Cover (including legal costs incurred with Our consent) for Your benefit for:
(a) damage to this Clause 5the Vehicle;
(b) towing, if recovery and salvage fees;
(c) assessing fees;
(d) loss of the Vehicle through theft; and
(e) third party damage.
4.2 Damage Cover is involved conditional upon Your payment to Us of the Damage Loss Liability Charge stated on the Rental Agreement, which is payable regardless of fault if there is a claim arising from an Accident involving the Vehicle or its theft.
4.3 At the commencement of the rental and at additional cost You may purchase:
(a) Collision Damage Waiver (CDW) which reduces the Damage Loss Liability Charge payable by You to the amount stated in an Incident the Rental Agreement but there is no additional cover for damage to the Vehicle's wheels, tyres, windows and windscreen; and
(b) Wheel Damage Waiver (WDW) which provides cover for damage to the Vehicle's wheels, tyres, windows and windscreen.
4.4 There is no Damage Cover for damage to or loss of property:
(a) owned by You, or any friend, relative, associate or passenger; or
(b) in Your physical or legal control.
4.5 Damage Cover is subject to You:
(a) not having acted or having caused any other person to have acted in any manner which is a breach of the Agreement;
(b) not being an Excluded Incidentcovered under any policy of insurance; and
(c) you providing such information and assistance as may request to purchase damage cover be requested by Us and if necessary, assisting Us in respect the commencement, defence, maintenance or settlement of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage coverlegal proceedings, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and but We shall have sole conduct of any related proceedings those proceedings.
4.6 There is no Damage Cover for damage to the Vehicle or settlement negotiations; and third party damage caused by:
(a) an impact:
(i) with the underbody of the Vehicle that is not caused by a collision with another Vehicle;
(ii) any rights that you at any time have or might have against any other person (except for any personal injury) because between the Vehicle and an object lower than the height of the Incident are assigned to us Vehicle; or
(“the Assigned Rights”). Subject iii) to the terms of this AgreementVehicle whilst it is being driven in reverse, provided you are entitled to purchase damage cover at but only if it is a people mover, truck or van; or
(b) driving the time the Liability Fee is paid by Vehicle:
(i) on an Unsealed Road or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 unmade road or surface;
(inclusive of legal costs and interestii) off road; or
(iii) in respect of: (a) any area prohibited by the Rental Agreement or outside the area of authorised use stated on the Rental Agreement.
4.7 There is no Damage Cover for the loss of or damage to Your personal property or that of any passenger that occurs during Your rental and any personal property left in the Vehicle; and (b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident.
5.2. You are not entitled to purchase (and we may decline to sell) damage cover if You: (i) do not do so within 12 hours Vehicle at the end of the Incident; (ii) are in breach of this Agreement at any time before or after the Incident; (iii) are insured rental period will be held by Us for the Incident; (iv) have admitted fault or liability for the Incident; (v) have done or omitted to do anything that in our opinion detrimentally affects any of the Assigned Rights or our ability to defend any legal proceedings; (vi) canone month and if not or do not identify the other vehicle or driver involved; or (vii) the Incident is an Excluded Incident.
5.3. We offer Liability Reduction Option to reduce the Liability Fee payable, or widen the extent of damage cover provided, in the event that you purchase damage cover for an Incident pursuant to clause
5.1. SVR Cover is available as a Liability Reduction Option for 2WD and 4WD vehicles to provide extended damage cover for an SVR. A Liability Reduction Option applies if and only if: (i) the driver claimed at the time expiration of the Incident was not an Unauthorised Person; (ii) you have: (a) selected the relevant Liability Reduction Option at the time of hire, (b) paid the applicable Liability Reduction Fee in accordance with clause 2.2, and (c) complied with all requirements applicable that period will be destroyed without further notice to the relevant Liability Reduction Option,You.
Appears in 1 contract
Samples: Vehicle Rental Agreement
Damage Cover. 5.1. Subject to this Clause 5, if the Vehicle is involved in an Incident (not being an Excluded Incident) you may request to purchase damage cover in respect of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage cover, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that you at any time have or might have against any other person (except for any personal injury) because of the Incident are assigned to us (“the Assigned Rights”). Subject to the terms of this Agreement, provided you are entitled to purchase damage cover at the time the Liability Fee is paid by or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 (inclusive of legal costs and interest) in respect of: (a) any loss or damage to the Vehicle; and
(b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident.
5.2. You are not entitled to purchase (and we may decline to sell) damage cover if You: (i) do not do so within 12 hours of the Incident; (ii) are in breach of this Agreement at any time before or after the Incident; (iii) are insured for the Incident; (iv) have admitted fault or liability for the Incident; (v) have done or omitted to do anything that in our opinion detrimentally affects any of the Assigned Rights or our ability to defend any legal proceedings; (vi) cannot or do not identify the other vehicle or driver involved; or (vii) the Incident is an Excluded Incident.
5.3. We offer Liability Reduction Option to reduce the Liability Fee payable, or widen the extent of damage cover provided, in the event that you purchase damage cover for an Incident pursuant to clause
5.1. SVR Cover is available as a Liability Reduction Option for 2WD and 4WD vehicles to provide extended damage cover for an SVR. A Liability Reduction Option applies if and only if: (i) the driver at the time of the Incident was not an Unauthorised Person; (ii) you have: (a) selected the relevant Liability Reduction Option at the time of hire, (b) paid the applicable Liability Reduction Fee in accordance with clause 2.2, and (c) complied with all requirements applicable to the relevant Liability Reduction Option,, (iii) damage cover is not otherwise excluded, either generally or under the terms applicable to the relevant Liability Reduction Option, under any exclusions or limitations set out on in this Agreement or on our Policies Page, and (iv) you are not precluded from purchasing damage cover because of clause.
5.4. Notwithstanding anything in this Agreement to the contrary, you are wholly responsible for and
1. In this clause, a reference to the Vehicle includes any part of the Vehicle including its gearbox or engine. To avoid doubt, nothing in this clause authorises you to cause or effect any repairs or alterations to the Vehicle without our prior written consent.
5.5. You acknowledge and agree that: (a) only Authorised Drivers are permitted to drive the Vehicle
Appears in 1 contract
Samples: Rental Agreement
