Agreement: The Agreement and Authority to Act, Terms & Conditions of Use and Rental Agreement.
Additional Charges: The amounts payable for tolls, traffic or parking infringement charges, fuel, cleaning, administration fees, excess, damage or any other amount for which the hirer is liable for breach of the Agreement.
Authorised Driver: Means you and any person named in the Rental Agreement as an Authorised Driver.
Credit Hire Period: Either:
a. in the event that the Damaged Vehicle is deemed by the TP to be repairable, the repair period, or
b. in the event that the Damaged Vehicle is deemed by the TP to be a write-off, until the vehicle can be replaced, or
c. such other period as may be determined,
subject to a maximum duration of 90 days.
Credit Period: The period of 90 days from the date of issuance of ONYX’s Tax Invoice.
GST: Means Goods and Services Tax.
Hire Charges: Means any amount or charge set out in the Rental Agreement.
Hire Period: Means the period commencing and finishing at the times and on the dates shown in the Rental Agreement.
Rental Agreement: Means the document accompanying these terms entitled ‘Rental Agreement’.
Sealed Surface: Means a road, driveway or parking station sealed with a hard material such as tar, bitumen or concrete.
Vehicle: Means the Rental Vehicle described in the Rental Agreement and includes its parts, components and accessories.
We or us or our or ONYX: Means Anrace Pty Ltd trading as Onyx Car Rentals.
You or your: Means the hirer identified in the Rental Agreement.
2. Replacement Vehicle (Credit Hire) Information
2.1 You agree to provide to ONYX all documentation required for ONYX to claim the Hire Charges on your behalf, including the Registration and Insurance papers relating to your damaged vehicle, your driver’s licence and the driver’s licence of the person driving your vehicle at the time of the collision.
2.2 Upon receipt of notification that the repairs to your vehicle are complete or of a total loss settlement you must contact ONYX immediately to arrange the location, time and date for us to collect the Vehicle. If you do not notify us immediately you may be liable for the Hire Charges for any day or days after the repairs to your vehicle were completed or after you received notification of a total loss settlement.
2.3 In the event your vehicle is a total loss you agree to provide us with a copy of any settlement notice or letter received immediately.
2.4 You agree to notify ONYX if your damaged vehicle is moved from one location or repairer to another location or repairer.
2.5 You acknowledge that ONYX is an independent company and does not represent any insurer or repairer.
2.6 You acknowledge that ONYX does not organise or coordinate nor is it liable or responsible for the repair, storage, movement or disposal of your damaged vehicle. This is the sole responsibility of the owner of the damaged vehicle.
2.7 You agree to notify us of any pending insurer settlement and to contact ONYX prior to signing any release or Deed of Release.
2.8 The Hire Period may be limited where your vehicle is 10 years old or older Mature Age Vehicle (MAV) when damaged and you should ask us for further information.
2.9 You and the driver of your vehicle agree to provide all reasonable assistance to us in recovering the Hire Charges and the cost of recovering them, to include if necessary attending an adjudication or court hearing.
3. Hire Vehicle Driver Eligibility
3.1 Only an Authorised Driver may drive the Vehicle.
3.2 You declare and warrant that you and each other Authorised Driver:
3.2.1 Holds a valid and current Driver, Learner (L) or Provisional (P1 or P2) licence for the class of Vehicle being hired under this agreement. A driver with a Learner, or Provisional Licence may only drive the Vehicle with our prior approval;
3.2.2 Has not had insurance declined, an insurance policy cancelled or had special conditions applied by any insurance company in the last 5 years;
3.2.3 Has not been convicted of an alcohol or drug related traffic offence or had a driver’s licence suspended or cancelled in the last 5 years; and
3.2.4 Does not suffer from any physical or mental condition or impairment that may interfere with the ability to control and drive the Vehicle.
3.3 You agree to provide to ONYX the driver’s licence of each Authorised Driver on request.
3.4 You agree to notify ONYX immediately if the licence of any Authorised Driver is suspended or revoked for any reason.
4. Vehicle Use
4.1 The Vehicle may only be used for what it was designed for and may not be driven on any un-sealed or unmade roads.
4.2 The Vehicle may only be driven on a Sealed Surface and in no circumstances on beaches or through streams, dams, rivers or flood waters, on ice or snow-covered or affected roads, on flood prone roads or on any roadway in respect of which the Police or any other Government authority has issued a warning or caution.
4.3 You must not use the Vehicle:
4.3.1 Illegally or for an illegal purpose;
4.3.2 In a race or contest;
4.3.3 For towing, unless the Vehicle is fitted with an approved tow bar;
4.3.4 When it is damaged or unsafe;
4.3.5 To carry animals;
4.3.6 For any purpose, other than catered for by its design and or as prescribed in the Vehicle manual;
4.3.7 To carry more persons than may be properly accommodated by the seat belt restraints; or
4.3.8 To carry a greater load than that for which it was built and or as prescribed in its manual.
4.4 You may not sublet or re-hire the Vehicle to any third party.
4.5 You must drive in a safe manner and observe all road rules. You acknowledge that reports of unsafe driving may result in the hire being terminated and the car reclaimed by us.
4.6 You must not smoke or allow smoking at any time in the Vehicle.
4.7 You must notify us if you intend to use the Vehicle interstate.
5. Maintenance, Security and Safety
5.1 You must maintain the Vehicle in the condition in which it was received, keep it secure at all times.
5.2 You must:
5.2.1 Keep the Vehicle locked and the keys under your personal control when not in use;
5.2.2 Ensure that the tyre pressures are maintained at the manufacturer’s recommended pressure as prescribed in the Vehicle manual;
5.2.3 Comply with any applicable seat belt and child restraint laws;
5.2.4 Generally, do all things necessary to keep and maintain the Vehicle in its state and condition as at the commencement of the Hire Period, fair wear and tear excepted;
5.2.5 Return the Vehicle to us in a clean and tidy state; and
5.2.6 If the Hire Period exceeds 28 days you must maintain all of the Vehicle’s engine oils, brake fluids and engine coolant levels to the manufacturer’s specifications as prescribed in the Vehicle manual.
5.3 You must immediately report any functional, maintenance and or servicing issues the Vehicle of which you have become aware to ONYX.
6. Accident Damage, Breakdown and Repair
6.1 In the event of a collision involving the Vehicle, or if the Vehicle is damaged in any way, or if our Vehicle breaks down, you must notify us immediately. Do not arrange to have the Vehicle moved unless authorised to do so by us.
6.2 Any Vehicle moving and or transport costs will not be reimbursed unless authorised by ONYX. A 24 Hr breakdown assist contact number is located inside the Vehicle at the top of its windscreen on the driver’s side.
6.3 In the event of damage or breakdown you must notify us immediately and must not arrange or undertake any repair or salvage of the Vehicle without our authority unless necessary to prevent further damage. In the case of an emergency and our consent cannot reasonably be obtained, repairs may be completed.
6.4 In the event of an accident in which the Vehicle is damaged you must also immediately report the accident and damage to the police.
6.5 You must notify ONYX of any mechanical or structural fault on the Vehicle, including, tyres, fluids, belts, hoses and lights.
6.6 We will not reimburse you for the cost of repair or salvage of the Vehicle unless we have specifically authorised such action and expenditure, and you can produce such receipts and other information or documents as we may require.
7. Vehicle Return
7.1 A Vehicle inspection will be carried out at the end of the Hire Period. You are responsible for any new damage to the Vehicle identified upon inspection.
7.2 You may also be responsible for any new damage found between the Vehicle being returned and ONYX inspecting the Vehicle.
7.3 At the end of the Hire Period you must return the Vehicle to the pre-arranged return location, date and time.
7.4 On return, the Vehicle must be clean and tidy, in the same condition it was in on commencement of the Hire Period, fair wear and tear excepted.
7.5 If you do not return the Vehicle to us in accordance with 7.3 and 7.4 you must pay us charges in respect of:
7.5.1 Each day or part thereof until the Vehicle is returned at the rate set out in the Rental Agreement;
7.5.2 Any relocation or repossession expenses we incur to recover the Vehicle; and
7.5.3 A cleaning charge.
7.6 We may require the immediate return of or repossess the Vehicle without notice at any time if we reasonably believe you have breached the Agreement. If you are in breach, you must pay the cost of any repossession, outstanding Hire Charges, Additional Charges or other reasonable charges.
7.7 If the Vehicle is damaged or breaks down during the Hire Period, we may at our discretion replace the Vehicle provided the breakdown is not caused by you, your breach of the Agreement or misuse of the Vehicle. You will not have to pay Hire Charges while the Vehicle is being repaired or replaced.
7.8 You must return the Vehicle with all of its original components and accessories. You are liable for the replacement cost of any missing components including but not limited to any SD card, Vehicle key, tools including any Vehicle jacking equipment, spare tyres, telematics, roof racks and baby seats.
8.1 You agree to return the Vehicle with the same amount of fuel as indicated on the Rental Agreement at the commencement of the Hire Period.
8.2 Should you fail to do so you agree to pay us for the fuel required to return the fuel level to the original fuel level and any fuel surcharge.
8.3 You must only use fuel prescribed for the Vehicle in the Vehicle manual.
8.4 You agree to pay all costs of any resulting loss or damage to the Vehicle resulting from the use of incorrect fuel grade or type.
9. Your Liability for Loss and Damage
9.1 In the event of Vehicle loss or damage you will be liable for the cost of the loss or damage or an excess of $3,500 whichever is the lesser.
9.1.1 Your liability under this term and condition may be reduced to $500 upon incurring a daily excess reduction fee which may vary based on car size and class.
22.214.171.124 Clause 9.1.1 does not apply when ONYX agrees to provide the Vehicle to the hirer for the Credit Hire Period as shown on ONYX’s Tax Invoice at the contract rate set out in the Rental Agreement, on credit for the Credit Period.
9.2 Notwithstanding clauses 9.1 and 9.1.1 your liability is unlimited:
9.2.1 When any Authorised Driver acts dishonestly or fraudulently;
9.2.2 When the loss or damage resulted from deliberate, careless or reckless conduct;
9.2.3 When the loss or damage to the Vehicle or to third party property was caused or contributed to by any breach of the Agreement;
9.2.4 When any Authorised Driver leaves the scene of an accident before exchanging details with all involved parties;
9.2.5 When any Authorised Driver fails to report an accident to the police or us immediately;
9.2.6 When any matter, risk or loss is excluded from cover under any current motor vehicle insurance policy you hold;
9.2.7 When the Vehicle has been involved in two or more incidents resulting in loss or damage;
9.2.8 When the driver is under the influence of drugs or with a blood alcohol content that exceeds the legal limit in the state, territory or country in which the Vehicle is driven;
9.2.9 When before entering the Agreement you do not answer any questions truthfully, accurately and completely, or tell us any information that you know or should know, that would be relevant to our decision to hire a Vehicle to you;
9.2.10 When theft or attempted theft occurs when the ignition keys were left in the car, or near the car whilst it was unattended by you;
9.2.11 When there is any tyre, windscreen, headlight, roof or underbody damage; and or
9.2.12 When there is any water damage caused by the immersion of the Vehicle
9.3 Except to the extent we are liable at law and subject to the limitation in term and condition 9.1 above you are otherwise liable for:
9.3.1 The loss of, and all damage to, the Vehicle;
9.3.2 The loss of or damage to any other property belonging to us, you or a third party;
9.3.3 The cost of repair to the Vehicle;
9.3.4 Investigation, appraisal and assessment fees;
9.3.5 The cost of towing, recovering and storing the Vehicle;
9.3.6 All damage to your property or the property of any person which is caused or contributed to by you or which arises from the use of the Vehicle whilst in your care under the Agreement; and
9.3.7 Our reasonable administrative and legal costs of recovery incurred in connection with the use of the Vehicle by you or whilst it is in your care.
9.4 If you lock the keys in the car or misplace or lose the keys or other part or accessory to the Vehicle you must reimburse us the cost of recovering or replacing and or recoding them.
9.5 Where your liability is reduced by us under clause 9.1 and 9.1.1 you must pay the hirer loss contribution specified in the Rental Agreement for such loss or damage.
9.6.1 Tolls vary dependent on the road used and the length of the journey. If the Vehicle travels through a toll collection point you are liable for and we will charge you the applicable amount together with an administration fee to cover our cost.
9.6.2 We will contact you to request full payment of the applicable amount for any tolls incurred. Notification of charges may be delayed depending on when the notification is received by us from the toll road operator.
9.7 Traffic or parking infringements are processed through applicable local, state and national notifying authorities. You are responsible for all traffic and parking infringements for the duration of the Hire Period.
9.8 Traffic and parking infringement charges:
9.8.1 You are responsible for all traffic and parking infringements during the Hire Period. If ONYX is notified of an infringement during or after the Hire Period, ONYX will provide necessary details to the notifying authority to hold you liable for the infringement. ONYX may charge an administration fee to cover its’ costs in providing these details.
9.9 You agree that you may be liable for all costs, fees and full excess if any of the information that you have provided is false.
10. Our Liability
10.1 All legislative obligations imposed on ONYX are contracted out of and replaced by the express contractual obligations on ONYX set out in these Terms and Conditions of Use except where the legislation does not permit such contracting out, so that we have no liability to you or any person.
10.2 You release and indemnify us against any claim for loss or damage to any property stolen from the Vehicle or otherwise lost or damaged during the Hire Period or left in the Vehicle after its return to us.
10.3 Other than as required by legislation, we make no warranty as to the suitability of the Vehicle for any particular purpose.
11. Claims and Proceedings
11.1 Where the use of the Vehicle by you or any person while in your care results in an accident, claim or dispute, or where damage or loss is sustained to the Vehicle or any third-party property or if the Vehicle is stolen, you must;
11.1.1 Accurately complete any forms and statements or provide any information or assistance we require of you;
11.1.2 Not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability to any person;
11.1.3 Permit and equip us or our insurers to bring, defend, enforce or settle any claim or legal proceedings against a third party;
11.1.4 Permit and equip us to claim in your name under any applicable insurance or against any third party; and
11.1.5 Forward to us any claims or correspondence from any third party forthwith upon receipt.
12. Payment of Charges
12.1 Within 30 days of the end of the Hire Period you must pay us:
12.1.1 Any applicable amount payable by you under the Rental Agreement if applicable;
12.1.2 Any amount paid or payable by us arising out of your use of the Vehicle including any fuel, fine, toll or traffic or parking infringement, cleaning, excess or damage;
12.1.3 Any amount for which you are liable to us for any breach of this Agreement; and
12.1.4 Any failure to make timely payment in full will attract interest on any overdue amounts at the rate equivalent to the RBA cash rate plus 4%
13. Breach of These Terms and Conditions of Use
13.1 We may terminate the Agreement at any time and take immediate possession of the Vehicle if you breach these Terms and Conditions of Use.
13.2 In the event we terminate on account of your breach, you must pay:
13.2.1 All costs to replace or rectify the Vehicle to its original condition; and
13.2.2 All reasonable costs for towing, storage and recovery of the Vehicle.
13.3 You will be entitled to terminate the Agreement if we breach its terms.
14. Applicable Law
14.1 The Agreement is governed by the laws of the state within Australia in which the Vehicle was hired.
15. Dispute Resolution
15.1 If you wish to dispute a charge or otherwise make a claim against us you agree to first notify us in writing of the nature of the dispute or claim and provide us with such particulars and evidence as we require.
15.2 You agree to meet with us to discuss and negotiate your dispute or claim in good faith, within twenty (20) working days of your complaint or claim.
16. Privacy Statement and Consent
16.1 ONYX collect your personal information for the purposes set out in this Privacy Statement and Consent.
16.2 Personal information is information or an opinion about an identified, or reasonably identifiable, individual. Personal information may be sensitive information, which includes health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record.
17. Providing Information About Another Person
17.1 When you give us personal information about another person you represent that you are authorised to do so and agree to inform the person that we have collected their information as part of this application and of the contents of this Privacy Statement and Consent.
18. Purposes for Collecting Personal Information
18.1 We collect your personal information in order to provide you with our accident replacement vehicle services.
18.2 We may install telematics devices or similar into the Vehicle that may track the location of the Vehicle.
18.3 We may collect your personal information for the following purposes:
18.3.1 To assess and process your application for an accident replacement vehicle;
18.3.2 To facilitate claims on your behalf for the costs of our services with your insurer, the at-fault party and or the insurer of the at-fault party;
18.3.3 To execute instructions;
18.3.4 To manage our relationship with you (whether online or in person);
18.3.5 To comply with legislative or regulatory requirements;
18.3.6 To identify you;
18.3.7 For any internal processes including claims assessments, product development, strategic planning, risk management and pricing; and
18.3.8 To contact you (unless you tell us not to) to discuss other products that may be of interest to you or the company you represent.
18.4 If you do not provide us with your personal information, we may be unable to provide you with our services, or deal with any insurer on your behalf.
19. Persons with Whom Personal Information is Exchanged
19.1 We may exchange your personal information with any relevant insurer(s) in order to facilitate a claim on your behalf for the costs associated with hiring an accident replacement vehicle from us.
19.2 We may also disclose your personal information to:
19.2.1 Our related bodies corporate, agents, contractors, service providers or external advisers;
19.2.2 Any other persons related to the accident (including the police);
19.2.3 Insurers, reinsurers, loss adjusters, assessors and underwriters;
19.2.4 Any organisation responsible for the processing of traffic or parking related infringements or road tolls, to the extent that these fees apply to a Vehicle you have hired from us;
19.2.6 Any person we consider necessary to execute your instructions;
19.2.7 Any person who is considering whether to acquire or who has acquired any part of our business, or the rights or obligations under the contract that we have with you; and
19.2.8 Law enforcement, regulatory and government bodies as permitted or required by law in, Australia or overseas.
19.3 We may disclose your personal information to overseas recipients who provide services and products to us and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time, but your personal information may be transmitted between Australia and New Zealand, and it is likely that other such countries will include the United Kingdom, the Philippines, the United States, Japan, Singapore and Hong Kong.
20. Your Rights
20.2 To gain access to, seek correction of, or to complain about the handling of the personal information that we hold about you contact our Privacy Officer at Privacy Officer, Growth Factor Group, 409 King Georges Road, Beverly Hills NSW 2209, Australia or by email to firstname.lastname@example.org.
21.1 A right or entitlement under the Agreement can only be waived expressly in writing.
22. Vehicle Wear and Tear
22.1 It is normal procedure for ONYX vehicles to be handed over to hirers in a roadworthy condition, washed and vacuumed.
22.2 Prior to handing over the Vehicle, our staff will conduct a Vehicle inspection with you and prepare a Rental Agreement noting the fuel level, Km’s and any previous damage to the Vehicle. Hirers are required to take note of the Vehicle condition, identify any existing damage and sign the Rental Agreement.
22.3 You must notify the ONYX staff member of any new damage not noted on the Vehicle prior to driving the Vehicle away. If any new damage is found on the Vehicle, you must make sure it is noted in the Vehicle damage area. If any and all new damage is found upon Vehicle return, the cost of repairs will be passed on to you.
22.4 To avoid associated Additional Charges, we encourage the hirer to keep the hire Vehicle in good condition. Please refer the following table for acceptable and unacceptable wear and tear and if you have any questions regarding ONYX vehicle use, call us on 1300 668 693.
|Body Damage||Authorised professional repairs.||Obvious evidence of colour mismatch or misalignment between panels. Missing or damaged mouldings and panels.|
|Dents||Minor dents (up to 10mm) that do not affect the panels’ structural integrity.||Multiple dents or scrapes on a single panel. Buckling or distortion of the panels.|
|Paintwork||Minor chipping or scratches less than 2cm, relative to the vehicle’s age and kilometres travelled, provided it has not penetrated to the base metal or corroded.||Major abrasions. Colour mismatch between panels. Loss of gloss and colour disproportionate to the vehicle’s age. Damage due to stickers/decals.|
|Glass/Lenses||Light scratches and minor chipping around windscreen periphery. Minor scuff marks or scratches.||Cracks or damages within the wiper arches. Holes or cracks in the windscreens/windows glass or light covers.|
|Interior||Slightly soiled upholstery, scuffed floor mats, trim and kick panels. Professional repairs.||Torn, cut, burnt, or permanently stained upholstery. Bent trim panels. Bad odours. Damage caused by the fitting or removal of communication equipment.|
|Tyres, Run Flats/Rims||Normal wear and punctures.||Punctures and or tread wear, due to malicious intent, any split, torn, mismatched, re-treaded or disfigured tyres|
This Agreement and Authority to Act between the Owner and Anrace Pty Ltd ABN: 79 137 170 364 (“ONYX”) is not regulated by the Consumer Credit Code, being an exempt agreement. It deals with the Owner’s obligations with respect to the hire vehicle issued as a result of a road traffic incident. The Owner should read it, and all accompanying documentation, carefully before signing.
Additional Charges: The amounts payable for tolls, traffic or parking infringement charges, fuel, cleaning, administration fees, excess, damage or any other amount for which the hirer is liable for breach of the Agreement
Agreed Rate: An interest rate equivalent to the RBA cash rate plus 4%.
Agreement: This Agreement and Authority to Act, the Terms & Conditions of Use and the Rental Agreement.
Credit Hire Period: Either: (a) in the event that the Damaged Vehicle is deemed by the TP to be repairable, the repair period, or (b) in the event that the Damaged Vehicle is deemed by the TP to be a write-off, until the vehicle can be replaced, or (c) such other period as may be determined, subject to a maximum duration of 90 days.
Credit Period: The period of 90 days from the date of issuance of ONYX’s Tax Invoice.
Damaged Vehicle: The Owner’s vehicle, rendered unroadworthy as a result of an accident which the Owner alleges was the fault of a third party.
Hire Charges: The amounts payable pursuant to the Rental Agreement which specifies the contract rates for provision of the hire vehicle excluding the Additional Charges.
Owner: The Owner or registered operator of the not at-fault Damaged Vehicle and referred to herein as the “hirer”.
RA: The Rental Agreement accompanying this Agreement.
RBA: Reserve Bank of Australia.
Recovery Costs: The costs and expenses incurred by ONYX in respect of any action taken to recover the Hire Charges from the TP.
Third Party: The other party involved in the accident rendering the Damaged Vehicle unroadworthy, who the Owner alleges was the at-fault party.
TP: The third party and/or the third party’s insurer.
Vehicle: The vehicle provided to the Owner by ONYX pursuant to the Agreement.
We or us or our or ONYX: Means Anrace Pty Ltd trading as Onyx Car Rentals.
Terms and Conditions
The hirer has requested, and ONYX has agreed, that ONYX will provide the Vehicle to the hirer under the terms of the Agreement. The hirer has a need for a replacement vehicle. ONYX will make the Vehicle available to the hirer for the Credit Hire Period. On expiry of the Credit Hire Period the hirer will be obliged to return the Vehicle to ONYX forthwith. ONYX agrees to provide the Vehicle to the hirer for the Credit Hire Period as shown on ONYX’s Tax Invoice at the contract rate set out in the RA, on credit for the Credit Period. ONYX will use its best endeavours during the Credit Period to recover the Hire Charges from the TP. On condition that the hirer fulfils their obligations under the Agreement, the hirer will be released from liability for the Hire Charges except for the Additional Charges for which the hirer shall remain liable. The hirer authorises ONYX, its nominated agents, representatives and solicitors to bank relevant cheques made payable to the hirer into their or ONYX’s nominated Trust Account. The hirer irrevocably appoints ONYX (and/or its nominated Debt Recovery Agent) as the hirer’s agent, representative and attorney, to recover the Hire Charges by whatever means including, in ONYX’s absolute discretion, the commencement and carrying-on of legal proceedings in the name of the hirer. ONYX may retain and apply all such recovered Hire Charges and recovery costs (in whole or in part) to the Hire Charges and recovery costs. The hirer understands and accepts that ONYX shall appoint and give instructions on behalf of the hirer to legal advisers in respect of the recovery process. The hirer warrants to ONYX that he or she has not relied on any promise, representation, inducement or conduct material to the entry by the hirer into the Agreement or the RA other than as expressly set out in the Agreement with respect to any aspect of the hire, the Hire Charges or recovery process, and is aware that ONYX is relying on this warranty in agreeing to provide a hire car to the hirer on credit and in agreeing to the obligations in the Agreement and in committing to the recovery process. As at the date of the Agreement, the Hire Charges are estimated because the hirer is unable to advise the duration of the repairs to or the replacement of the Damaged Vehicle. The final Hire Charges will not be known until expiry of the Credit Hire Period. The hirer acknowledges that where a person has referred or recommended them to ONYX, that person may receive a financial or non-financial benefit from ONYX.
Obligations and Termination
The hirer is obliged to do the following:
a. The hirer must act in the best interests of ONYX;
b. The hirer must not delay or hold up the timely recovery of the Hire Charges from the TP;
c. The hirer must promptly provide all documents reasonably required by the TP;
d. The hirer must be open and frank with ONYX and not mislead ONYX in anyway;
e. The hirer must not breach any of the terms of the Agreement;
f. The hirer must not release or purport to release, by signing a form of release or otherwise, the TP from any of the hirer’s rights in respect to the accident;
g. The hirer must provide all reasonable assistance to ONYX in respect to the implementation and conduct of the recovery process which the hirer acknowledges may require the hirer to provide statements, documents, and appear in court as a witness; and
h. The hirer must promptly inform ONYX when the repairs to the Damaged Vehicle are complete or when the hirer has received notice of a total loss settlement;
If in the reasonable opinion of ONYX the hirer is in breach of any of these obligations, ONYX may at any time terminate the Agreement.
ONYX may also terminate the Agreement at any time if ONYX is of the reasonable opinion that:
i. The hirer makes any admission of liability in respect to the accident; or
j. The Hire Charges will not be fully recoverable from the TP.
If the Agreement is terminated for any of the reasons stated in points (a) to (g) or (i) above, then the Hire Charges, the Additional Charges and the Recovery Costs will become immediately due and payable, by the hirer, to ONYX. If the Agreement is terminated for the reason stated in point (h), the Hire Charges for any day or days after the repairs were completed or after the hirer received notification of a total loss settlement, the Additional Charges and the Recovery Costs will become immediately due and payable, by the hirer, to ONYX. If the Agreement is terminated for the reason stated in point (j), only the Additional Charges will become immediately due and payable.
Privacy Statement and Consent
Anrace Pty Ltd (‘we’, ‘us’, ‘our’) collect your personal information for the purposes set out in this Privacy Statement and Consent.
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. Personal information may be sensitive information, which includes health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record.
Providing information about another person
When you give us personal information about another person you represent that you are authorised to do so and agree to inform the person that we have collected their information as part of this application and of the contents of this Privacy Statement and Consent.
Purposes for collecting personal information
We collect your personal information in order to provide you with our accident replacement vehicle services.
We may install telematics devices or similar into the Vehicle that may track the location of the Vehicle and consent to such installation and tracking.
We may also collect your personal information for the following purposes:
If you do not provide us with your personal information, we may be unable to provide you with our services, or deal with any insurer on your behalf.
Persons with whom personal information is exchanged
We may exchange your personal information with any relevant insurer(s) in order to facilitate a claim on your behalf for the costs associated with hiring an accident replacement vehicle from us.
We may also disclose your personal information to:
We may disclose your personal information to overseas recipients who provide services and products to us and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time, but your personal information may be transmitted between Australia and New Zealand, and it is likely that other such countries will include the United Kingdom, the Philippines, the United States, Japan, Singapore and Hong Kong.
To gain access to, seek correction of, or to complain about the handling of the personal information that we hold about you contact our Privacy Officer at Privacy Officer, Growth Factor Group, 409 King Georges Road, Beverly Hills NSW 2209, Australia or by email to email@example.com.