Kangaroo Island Connect Pty Ltd
Effective 1st January 2018
We welcome your feedback. Please tell us where we are going wrong by contacting us through our website (www.kic.com.au) or by phone or email firstname.lastname@example.org. (We would also like to hear about what we are doing right).
If you have specific issues or concerns please contact us
GENERAL TERMS AND CONDITIONS
All costs, itinerary and package details, ferry schedules and car availability are correct at the time of publishing; however these can be subject to alteration, sometimes without notice.
Kangaroo Island Connect Pty Ltd will not be liable should there be disruptions caused by mechanical breakdowns or adverse weather conditions.
All tours, transfers, accommodation and scenic flight information is subject to the conditions of the independent providers and no responsibility is accepted by Kangaroo Island Connect Pty Ltd for misrepresentation, unforeseen omissions or additional costs incurred, including those arising from adverse weather conditions or any situations beyond the control of Kangaroo Island Connect Pty Ltd. (We would like your feedback if this happens though so we can work with our providers)
Refunds may not be available for unused services.
Travel Insurance is not included. kic strongly recommends that passengers arrange their own travel insurance.
All prices will be charged in Australian Dollars and includes Goods and Services Tax (GST)
- Credit Card: All payments made by credit card will incur NO surcharge
- Bank transfer:
Account Name: Kangaroo Island Connect
BSB: 085 005
Account Number: 365 014 763
Please email us the payment reference details to email@example.com when you make a bank transfer
FERRY AND CAR HIRE
Cancellation of a booking or part thereof will incur the following fees:
- Between 7 and 30 days before departure – 50% of total cost
- Less than 7 days before departure – 75% of total cost
- Within 48 hours of departure – 100% of total cost
TOURS, TRANSFERS AND SCENIC FLIGHTS
- The tours, transfers and scenic flights are owned by independent operators so please check the cancellation policy’s with the tour, transfer or scenic flight company as Kangaroo Island Connect Pty Ltd will take no responsibility for this.
- We suggest travel insurance as occasionally the ferry schedule will be disrupted due to weather.
- No refunds will be made for services not availed once travel has commenced.
- All refund claims must be made in writing.
kic FERRY TERMS AND CONDITIONS
TRAVEL AND BOOKINGS
In these conditions “kic” means Kangaroo Island Connect Pty Ltd and “the passenger” means the passenger booked to travel. These conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and any Australian State.
- Fares, schedules and routes are subject to alteration, without prior notice
- kic reserves the right to cancel, vary it’s service in any way without incurring any liability.
- kic shall not be liable for any loss or damage which may arise in the event of cancellation or the abandonment of the service (should kic or any of its tour, transfer, accommodation or scenic flight providers decide that such abandonment is necessary) or of any deviation or delay in any service arising from any cause whatsoever. In any such event kic will not be liable for consequential damage including, but not limited to, the cost of accommodation, tours, transfers or scenic flights or for any alternative means of travel which may arise and any additional expense so arising shall be the liability of the passenger.
- kic accepts no responsibility for loss of, or damage to, any personal baggage or equipment, or for consequential damages arising whether sustained during loading or transportation, and whether arising from negligence, malfunction of the vessel or other cause, except to the extent that the exclusion of such liability is prohibited by law.
- kic accepts no responsibility for any injury and/or death of a passenger travelling on this service whether caused by negligence, malfunction to the vessel or other cause except to the extent that exclusion of such liability is prohibited by law.
- The kic ferry will leave without anyone who has not boarded the ferry by the departure time for your booking, and are unable to hold up the ferry for late passengers
- Travel may only be permitted for a person or persons whose name(s) appear on kic passenger list.
- Travel arrangements may not be transferred to another person(s)
- Smoking is prohibited on the vessel at all times.
- kic will not be held responsible for disruptions or delays to the ferry departure and arrival times and days due to weather and mechanical issues.
Child prices apply to children aged 3 to 14 years, inclusive. Children less than 3 years are free, provided they do not occupy a seat.
We take the safety of children very seriously and take every measure possible to ensure they have a comfortable and enjoyable trip. Unfortunately we don’t have enough staff to manage unaccompanied minors.
Kangaroo Island Connect Pty Ltd considers a child to be an unaccompanied minor if the child is less than 15 years of age and travelling without the supervision of:
- the child’s parent or guardian; or
- another person aged 15 years or older
(including if the child is travelling in a different class or cabin to that person).
BOOKINGS AND AMENDMENTS
- Bookings are available online at kic.com.au and via the phone or email. Online ferry bookings are 10% cheaper and a 10% service charge will charged for phone or email bookings for ferry only unless you are booking in conjunction to a transfer and or/car hire booking in which case the service charge will be wavered.
- Booking methods are credit card, paypal or bank transfer. If you would like to pay by cash please do not bring cash to our office, but take it to the bank and deposit it directly into our bank account (please email us the reference details firstname.lastname@example.org):
Account Name: Kangaroo Island Connect
BSB: 085 005
Account Number: 365 014 763
Bank: National Australia Bank
- If there is space on an earlier ferry on the same day you can board the earlier sailing with no rebooking fee, provided there are seats available.
- No shows will be charged 100%.
- You can change your travel dates once for a rebooking fee of $10/ticket up to 48 hours in advance.
- You can purchase flexible tickets upon booking, for up to 2 changes 24 hours before the sailing
PETS TERMS AND CONDITIONS
- You can take your dog or cat on the ferry at no charge. All pets must be on a secure lead or in a pet cage provided by you.
- Passengers with pets are only allowed on the lower outside deck of the vessel
- Pet owners are responsible for cleaning up after their animal’s waste.
- Guide dogs, hearing dogs, assistance dogs and service dogs, including those in training, are permitted inside the vessel.
BAGGAGE TERMS AND CONDITIONS
- As a passenger only ferry, we have limited space in the passenger cabin
- Carry-on bags can be stored under your seat or at your feet – no luggage allowed in the aisle
- 1 piece of stowed baggage and 1 carry-on bag is allowed per paying person
Baggage items can be no larger than a standard suitcase
Maximum Luggage Sizes Carry on – Height 600mm, Length 400mm, Depth 300mm
Stowed – Height 800mm, Length 500mm, Depth 400mm
All baggage must be secured in the baggage racks while we are sailing
- You can purchase extra baggage for $5/bag
- Restrictions apply for dangerous goods (including but not exclusive to fuel, large Batteries, Corrosive substances – acids, dive tanks, insecticides, pesticides, flares, methylated spirits etc).
- No excess or oversized baggage is allowed (including but not exclusive to bikes, surfboards, canoes etc)
- All Luggage and Personal Items are transported entirely at the risk of the ticket holder. We will always take the utmost care with your belongings, but as we cannot inspect the condition or the method of packing by the ticket holder we do not accept any liability for damage to any items.
kic CAR HIRE TERMS AND CONDITIONS
TERMS AND CONDITIONS OF STANDARD RENTAL AGREEMENT
CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer (‘Your Consumer Rights’) under applicable consumer protection legislation, including the Australian Consumer Law.
Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement.
You can find out more about Your Consumer Rights from consumer organizations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
INTERPRETING YOUR CAR RENTAL AGREEMENT
- The Rental Agreement (‘Rental Agreement’) between Kangaroo Island Connect Pty Ltd (kic) and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle (‘Rental Document’), and is made up of that Rental Document and these Terms and Conditions.
- In these Terms and Conditions.
‘Accessory’ means any equipment set out in the Rental Document, including (as applicable) any global positioning system receiver or similar device or any child restraint, booster or similar equipment;
‘kic Insurance Policy’ means a policy of liability insurance held by kic for Your and an Authorised Driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the Vehicle by You or an Authorised Driver;
‘Authorised Driver’ means:
- an additional driver who signs the Additional Drivers Form or Rental Document
- Your spouse; or
- Your employer or a fellow employee, if either is engaged in activities that are incidental to Your business duties;
‘Excess Reduction’ means the product called ‘Excess Reduction’ that You may purchase before the rental commences to reduce any excess amount payable;
‘Late Return Charge’ means a charge of $20 per hour (incl GST) payable by You and up to an additional day 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 kic under clause 6.1(a);
‘Loss Damage Waiver’ means the loss damage waiver described on the Rental Document as LDW which reduces Your financial responsibility for loss or damage to the Vehicle to the Excess Amount;
‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual located in the glove box of the Vehicle;
‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens, or damage to third party property, 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;
‘Protection Package’ means the package of products called ‘Protection Package’ which includes the Excess Reduction, Personal Accident Insurance and Personal Effects and Baggage Insurance;
‘Rental Charges’ means the fees, costs, amounts and charges specified on the
Rental Document or payable under this Rental Agreement;
‘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 kic;
‘Roadside Assistance Cover’ means the following services for the payment of the Roadside Assistance Cover fee specified in the Rental Document: refueling up to 6 litres where You run out of fuel, changing flat tyres, provision of spare keys where You lose the keys to the Vehicle, unlocking the Vehicle when You lock the keys in the Vehicle, and provision of a replacement battery or ‘jump start’ where You have a flat battery if You leave the lights, air conditioning, entertainment system(s) or other electrical equipment running while the ignition is off.
‘Roadside Assistance Fee’ means a minimum charge of $198 (incl GST), or such other amount as reasonably determined by kic having regard to the roadside assistance callout event (for example: a lost key can cost up to $700 incl GST to replace).
‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while using the Vehicle as a substitute for the vehicle insured under that policy;
‘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 kic considers, acting reasonably, 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, any tag or device for paying electronic tolls, all Accessories and contents supplied by kic; and
‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made;
‘Your Account’ means Your debit card, credit card or kic charge account to which Your Rental Charges are to be debited.
‘kic’ means Kangaroo Island Connect Pty Ltd
‘Excess Kilometres’ means kilometres over 100 kilometres average daily allowance for the standard rental rate
2.1 You agree and acknowledge that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver hold a current licence (not being a 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.
2.2 You are responsible for the acts and omissions of an Authorised Driver or any other person You allow to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Loss Damage Waiver option or Excess Reduction option (if accepted or included in Your rate) if You allow 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 person.
WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
3.1 kic cars can only be driven in South Australia. Unless agreed in writing by kic
- Cars hired on Kangaroo Island cannot be removed from the Island
- Cars hired from Cape Jervis must be returned to Cape Jervis at the end of the rental period.
3.2 kic cars can only be driven on roads maintained by the Kangaroo Island Council (or similar council roads on the mainland) or main roads maintained by the SA state government.
3.3 kic cars can be driven on private roads under the following conditions;
- The private road is the entrance to a tourist facility, park or retail outlet
- The entrance road is properly formed, surfaced and maintained and it suitable for public access
3.4 kic cars cannot be driven on farm tracks, across country, on beaches and across streams or water over the road.
USE OF THE VEHICLE
4.1 You and any Authorised Driver must:
(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind.
(b) not, allow the Vehicle to be used, to push anything;
(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the area in which the Vehicle is driven;
(e) not use or allow the Vehicle to be used to carry passengers for payment of any kind.
(f) not use the Vehicle when it is damaged or unsafe;
(g) provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained kic’ approval to do so;
(h) 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 kic’ recommendations;
(i) not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time, any found evidence of any kind of smoking in the vehicle a fine of $350 regardless of damage or not will apply.
(j) not use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances;
(k) not use the Vehicle for the conveyance or towing of any load unless You have kic’s prior written consent; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and kic’ recommendations; and
(l) not use the Vehicle in contravention of any law
4.2 You must pay the Roadside Assistance fees (unless you have purchased Roadside Assistance Cover). And for any professional cleaning or odor extraction because you or another person has been smoking within the vehicle.
4.3 You must pay all parking speeding and traffic offences in respect of the vehicle during the rental period
MAINTENANCE, SAFETY AND SECURITY OF VEHICLE
5.1 You must
- Maintain all engine oil, coolant levels according to the manufacturer’s specifications.
- Only add fuel according to the manufactures specifications
- Keep the vehicle locked and secure
- Comply with all seat belt an child restraint laws
5.2 kic will provide 24 hour roadside assistance for all inherent mechanical faults (as reasonably determined by kic or its authorised repairer) at no additional cost provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of clauses 3 or 4.1 (save, in respect of clause 4.1(l), for minor infractions).
5.3 For each roadside assistance callout (for refueling, a ‘jump start’, a tyre related incident, lost keys, keys locked in vehicle, or a flat battery due to lights or other electrical equipment being left on), You will be charged the Roadside Assistance Fee, unless you have purchased Roadside Assistance Cover. If lost keys and requested to kic assistance from by You, You will be charged for key replacement and kic assistance service fee. If keys locked in vehicle and requested kic assistance by You, You will be charged for kic assistance fee .
5.4 Roadside Assistance Cover does not apply if the Vehicle has been used in breach of clauses 3 or 4.1 or in respect of any additional amount(s) payable under clause 8.5 (save, in respect of clause 4.1(l), for minor infractions).
5.5 You must not have repairs to the Vehicle carried out unless kic authorises You to do so. kic requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/ receipt to assist kic. kic will reimburse You for any repairs to the Vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that kic cannot verify the cost of repairs, kic will not reimburse You.
5.6 kic cars equipped with real time navigation GPS tracking devices for the purpose of sustaining safety and security of the vehicle, and You/Authorised Driver’s. These devices are turned on all the time, even when other services or other media in the vehicle is turned off. kic uses the vehicle data about the vehicle itself, such as fuel level, odometer, speed, diagnostic and performance data, accident or damage data, and location and direction of travel data. This information assists us in locating and responding to accidents, identifying reported lost, not returned, suspected of being stolen and stolen vehicles and as may be requested by law enforcement agencies. We may also use this information to determine certain fees to be charged in connection with our services. This data also helps us understand vehicle related behaviour such as traffic patterns, fuel efficiency, vehicle usage, environmental impacts and vehicle maintenance improvement.
5.7 It is prohibited to alter or disconnect the device from the vehicle in any circumstances. Any unauthorised alterations to vehicle will be subjected to breaching the terms and conditions, and kic may request immediate return or recover the vehicle without notice.
RETURN OF VEHICLE
6.1 You must return the Vehicle to kic:
(a) to the place, on the date and by the time shown on the Rental Document unless you have informed kic of a change prior to the return date and kic has agreed to the change; and
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
6.2 All kic hire cars must be returned to the kic Service Centres. If the hire car is not returned to the place shown on the Rental Document, you will be charged $10 per kilometre to have it returned to the kic Service Centre. If clause 6.5(a) applies to You, your credit card will be a portion of the fee daily until the fee is fully paid off.
6.3 Despite clauses 6.1 and 6.2, You must return the Vehicle to a kic location during normal operating hours.
(a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
(b) You do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document, then the rates shown on the Rental Document will not apply and You must pay the rate that in the circumstances is reasonably applicable for the Vehicle for the Rental Period (which is likely to be higher than the rates shown on the Rental Document) plus the Late Return Charge.
6.5 kic may request the immediate return of the Vehicle, or kic may recover the Vehicle without notice, if:
(a) the credit 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;
(b) the Rental Period expires without satisfactory arrangements having been made by You with kic; or
(c) kic reasonably suspects that:
(1) the Vehicle may be used for an unlawful purpose;
(2) damage to the Vehicle, or injury to persons or property, is likely to occur; or
(3) the Vehicle will be involved in an industrial dispute
6.6 If you do not return the vehicle on the date and by the time shown on the rental documents or any extended date or time agreed by kic, then;
After written notice to you if the vehicle’s location is unknown kic may report the vehicle as stolen to the police.
You must pay all Rental Charges (including additional rental charges and compensate kic in accordance with clause 8 for any loss kic suffers (including all additional costs kic incurs in recovering the Vehicle) up to the time the vehicle is recovered by kic.
FUEL AND EXCESS KIMOMETRES
7.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
7.2 kic will waive the Refueling Service Fee if You present a receipt indicating You have refueled the Vehicle and the Vehicle has the same level of fuel that the Vehicle had when You rented it, as determined reasonably by kic’s visual inspection of the Vehicle’s fuel gauge.
7.3 You will be charged the Refuelling Service Fee per kilometre driven as set out in the Rental Document and $4 per litre of fuel added if You have not filled the tank to the same level.
(a) You do not select the ‘Prepaid Fuel Option’ (where available); and
(c) You return the Vehicle with less fuel than it had when You rented it,
You must pay the Fuel Service amount per litre as set out on the Rental Document. This amount reflects the cost of fuel per litre plus kic’s costs associated with arranging to fill the Vehicle with fuel.
7.5 For the purpose of clause 7.3 the fuel level of the Vehicle at the time You rent it and at the time You return it to kic is determined by visual inspection by kic of the Vehicle’s fuel gauge, and the kilometres driven, however if a Fuel Service 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.
7.6 If You drive ‘Excess Kilometres’ You will be charged $0.40/km above 100km/day above the standard daily rental rate.
LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
8.1 Subject to this clause 8, You are liable:
(a) for the loss of, and all damage to, the Vehicle during the Rental Period; and
(b) for all damage to the property of any person:
(1) which is caused or contributed to by You or any person You allow to drive the Vehicle; or
(2) which arises from the use of the Vehicle by You or any person You allow to drive the Vehicle.
This clause 8 does not apply to any damage or loss for which kic is liable to You under this Rental Agreement.
Remember that references to the ‘Vehicle’ include all of its parts, components, Accessories and contents (see the definitions of ‘Vehicle’ and ‘Accessory’ in clause 1).
8.2 Subject to clauses 8.5 and 8.6, kic waives Your liability under clause 8.1 for damage to, or loss of, the Vehicle and will ensure that You and any Authorised Driver are entitled to be indemnified under the kic Insurance Policy, if:
(a) You accept and pay for the Loss Damage Waiver option on the Rental Document (or if it is included in Your rate); and
(b) You pay the Excess Amount for each separate event involving:
(1) damage (including hail damage) to, or loss of, the Vehicle; or
(2) damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver.
8.3 In the event of an unintended collision between the Vehicle and any other object, including another vehicle, during the Rental Period that results in damage to the Vehicle or to the property of any third party, kic waives Your liability under clause 8.1 and will ensure that You are entitled to be indemnified under the kic Insurance Policy, and We will refund You any Excess Amount You paid kic, provided that, acting reasonably, kic agrees that You or an Authorised Driver were not at fault and:
(a) You and any Authorised Driver hold a current drivers licence;
(b) You have provided kic with any details of the incident that kic reasonably requests including:
(1) the name, residential address, contact phone and licence number of any person involved;
(2) the registration numbers of all vehicles involved;
(3) an accurate description of the incident and location; and
(4) the names of any attending police officers and the stations at which they are based; and
(c) You have supplied or kic has established the name of the insurer of any third party You believe was at fault and kic reasonably believes that the insurer will pay kic for the loss or damage.
8.4 If clause 8.3 applies, kic may debit Your Account with the Excess Amount at the time of loss of, or damage to, the Vehicle, however when kic reasonably believes that the insurer of a third party will pay kic for the loss or damage, kic will, within a reasonable period of time, refund You the Excess Amount You paid.
8.5 Additional amounts payable: Even if You accept the Loss Damage Waiver option on the Rental Document, and even if you pay the Excess Reduction, You must always pay to kic the full amount of the following costs and fees:
(a) the cost of repairing any:
(1) Overhead Damage or Underbody Damage (including, without limitation, damage which occurs if You drive the Vehicle into a bridge, a tunnel, a tree or the roof or boom gate of a car park; or damage to the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds);
(2) water damage to the Vehicle caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs if You drive the Vehicle through floods, creeks or rivers);
(3) damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1, 5.1 or 5.5 (save, in respect of clause 4.1(l), for minor infractions);
(4) damage to a tyre or an Accessory not attributable to normal wear and tear; and
(5) damage to the Vehicle or to the property of any third party caused deliberately or recklessly by You, any other driver of the Vehicle or any passenger carried during the Rental Period;
(b) the cost of replacing, if lost or stolen, an Accessory; and
(c) the cost of any professional cleaning or odour extraction reasonably incurred by kic because You or another person has been smoking in the Vehicle during the Rental Period in breach of clause 4.1(i);
(d) the cost of any professional cleaning or odour extraction reasonably incurred by kic because You or another person has returned the hire car with an excessively dirty interior or exterior condition that requires extra cleaning and deodorising after Rental Period;
(e) a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or smoke extraction in clause 8.5(c); and
(f) if you have breached the Rental Agreement, 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), provided that Your breach of the Rental Agreement has caused the downtime of the Vehicle.
8.6 (a) For the purposes of this clause 8.6, ‘Recovery Costs’ means, in relation to the loss, of, or damage to, the Vehicle;
(1) any appraisal fees actually and reasonably incurred;
(2) any towing, storage and recovery costs actually and reasonably incurred; and
(3) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
(b) If clause 8.1, 8.2, or 8.5 applies, You must pay to kic, or kic may debit
8.7 (a) Where You are required to pay kic under this clause 8, the amount You must pay for any loss, damage, repair, cost or fee:
(1) may be reasonably determined by kic; and
(2) in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
(b) If the amount determined by kic and paid by You under this clause 8.7 exceeds the final cost of the loss, damage or repair, kic will refund the difference to You within a reasonable period of time.
(c) kic will provide details to You of the final cost of the loss, damage or repair on request by You and within a reasonable period of time.
CLAIMS AND PROCEEDINGS
9.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim (‘Incident’), or where damage or loss is sustained to the Vehicle or the property of any third party, You must ensure that You or any Authorised Driver:
(a) promptly reports the Incident to the local police (if required by law);
(b) promptly reports the Incident in writing to kic;
(c) does not, without kic’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident, except to the extent that You are required to provide a statement to the Police;
(d) permits kic or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name in relation to the Incident;
(e) permits or ensures that kic may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist kic in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to kic; and
(f) completes and furnishes to kic within a reasonable time any statement, information or assistance which kic or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence;
9.2 kic will meet Your reasonable out-of-pocket expenses in complying with clause 10.1(e) or 10.1(f).
9.3 If you do not comply with clause 10.1(b), and kic is unable to investigate the Incident, kic will, if it is reasonable to do so, debit all Rental Charges to Your Account pending receipt of Your report about the Incident.
9.4 Damage or insurance related issues cannot be allocated a predetermined timeline because of the involvement of external parties over whom we have no time procedural control, but we aim for as prompt a resolution as possible.
10.1 At the end of the Rental Period, You must pay kic:
(a) all Rental Charges;
(b) any amount paid or payable by kic or You to any person arising out of Your use of the Vehicle or imposed on You or kic by any government or other competent authority;
(c) the replacement cost (as reasonably determined by kic) for a lost or stolen Accessory; and
(d) any other amount which You reasonably owe to kic under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. kic will provide details to You of any amount payable under this clause 11.1.
10.2 Each Rental Charge calculated and invoiced to You at the time of the return of the Vehicle is subject to subsequent verification by kic. If kic reasonably determines that a Rental Charge should be adjusted, kic will provide details to You if kic has Your contact details.
10.3 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of excess kilometres driven during the Rental Period.
10.4 Distance charges are measured from the Vehicle’s odometer.
10.5 You authorise kic to charge all amounts payable to kic under the Rental Agreement to Your Account.
10.6 If You pay Your Rental Charges by debit card, You acknowledge that it may take up to 7–10 business days for Your financial institution to release any amount which has been authorised by that institution at the request of kic under clause 11.5 which is in excess of Your Rental Charges.
10.7 kic will pay, within 14 days, any refund due to You by such method as kic may reasonably choose.
10.8 If you fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the amount, You must also pay kic
(a) interest at 10% per annum (compounded daily) on the amount from the expiry of 14 days from the date on which You were required to pay the amount to the date of payment; and
(b) on and as demanded, kic’ Collection Costs including interest on kic’ Collection Costs calculated in accordance with Clause 11.8(a) from the date of demand.
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 Subject to clauses 6.2 to 6.6 (inclusive), You may terminate the Rental Agreement at any time by returning the Vehicle to kic.
PROPERTY IN VEHICLE
12 Unless kic or a kic employee acting in the course of their employment is negligent or fraudulent, kic is not liable to any person for any loss of, or damage to, any property:
(a) left in the Vehicle after its return to kic; or
(b) stolen from the Vehicle or otherwise lost during the rental.
PERSONAL PROPERTY SECURITIES LAW
13.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) – financing statement, interested person, register, proceeds, security agreement and security interest.
13.2 You acknowledge that:
(a) by renting the Vehicle from kic, You may be granting a security interest in the Vehicle (and any proceeds) to kic, and that this Rental Agreement may constitute a security agreement;
(b) any security interest arising under this Rental Agreement attaches to the Vehicle when You obtain possession of the Vehicle and not at any other time; and
(c) kic may perfect its security interest by lodging a financing statement on the PPSA register.
13.3 kic does not need to give You any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
13.4 You must do anything reasonably required by kic to enable kic to register its security interest, with the priority it requires, and to maintain the registration.
WHO CAN I CONTACT FOR FURTHER INFORMATION?
If you have any questions or concerns, you can contact us:
By telephone: +61 419 100 100
By email: email@example.com