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a) If multiple persons are described as the Hirer in the Rental Agreement, each person is jointly and severally responsible for all fees, charges and other obligations pursuant to this Agreement.
b) Subject to clause 8(e), the Hirer is liable to JUCY for and indemnifies JUCY against:
(i) any loss of, or damage to, the Vehicle(including any accessories);
(ii) any consequential damage, loss or costs incurred by JUCY, including salvage costs, loss of ability to re-hire and loss of revenue; and
(iii) any loss of, or damage to, Vehicles and property of third parties, arising from the use or misuse of the Vehicle by the Hirer, any Authorised Drivers, person whom the Hirer permits or allows to drive the Vehicle, invitee of the Hirer or passengers in the Vehicle during the Term of Hire,
to the extent that such loss, damage or costs have been caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, provided that the Hirers liability may be reduced to the amount of the relevant Excess Reduction Cover payable in respect of an incident subject to the terms and conditions of this Agreement.
c) Subject to clause 8(e), the Hirer agrees to release and indemnify JUCY from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Hirer, any Authorised Driver, invitee of the Hirer or passenger in the Vehicle or any misuse of the Vehicle by the Hirer during the Term of Hire.
d) Notwithstanding any provision in this Agreement to the contrary, the Hirer is not liable to JUCY for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).
e) This clause 8 will survive termination of this Agreement.
EXCESS REDUCTION OPTIONS
The Hirer may nominate the Stress Free, Chance it and Risk Taker options for Excess Reduction Cover of the Vehicle. The Bond payable in respect of the Vehicle or any incident shall be in accordance with the Excess Reduction Cover package option selected by the Hirer at the time of renting and specified in the Rental Agreement, being either of the Stress Free, Chance It or Risk Taker options, and the excess applicable to such option will apply together with the appropriate rate of payment for such option.
JUCY STRONGLY RECOMMENDS THAT OUR HIRES TAKE THE STRESS FREE EXCESS REDUCTION OPTION TO TRAVEL WITH COMPLETE PEACE OF MIND.
EXCESS REDUCTION COVER
All Excess Reduction Options are subject to the provisions and exclusions set out below:
a) The Hirer may purchase and pay the daily rental rate for one of the Excess Reduction Options to reduce the Standard Excess payable by the Hirer under JUCYs cover (Excess Reduction Cover)
b) Subject to clause 11, the Hirers liability is covered by the relevant Excess Reduction Cover selected up to a maximum of $2,000,000.
c) The Hirers liability for damage applies in respect of each separate accident, incident or new damage, not each rental.
d) This clause 10 does not apply if the Hirer rejects Excess Reduction Cover. If the Hirer elects not to use Excess Reduction Cover, the excess payable by the Hirer is the Standard (Risk Taker) Excess as per the Rental Agreement and is payable for each and every event involving the Vehicle.
EXCESS REDUCTION EXCLUSIONS
Excess Reduction Cover does not apply in the following events or in respect of the following fees, damages, expenses and/or costs and the Hirer will be fully liable for all fees, damages, expenses and/or costs as specified and/or which are associated with the relevant event:
a) The driver of the Vehicle is under the influence of alcohol or any drug that affects their ability to drive the Vehicle.
b) The Vehicle is in an unsafe or un-roadworthy condition that arose during the Term of Hire and such condition has caused or contributed to the damage or loss, and the Hirer or driver of the Vehicle was aware or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle.
c) The Vehicle is driven by any person not identified as an Authorised Driver in the Rental Agreement.
d) The Vehicle is damaged as a result of submersion in water, including as a result of crossing creeks, rivers, flooded fords, salt water or on beaches, driving through low plain flooded areas or if there was a reasonably foreseeable risk of the Vehicles submersion in water (for example, while parked in a below ground parking garage).
e) The Vehicle is used in any off road conditions, including on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete). Off road conditions include: fire trails, beaches, sand, tracks, fields or paddocks. The only exception to this is reasonable use of access roads to recognised commercial campgrounds.
f) The Vehicle is driven when a warning light appears or where the coolant temperature gauge enters a red zone (High).
g) The use of roof racks and snow chains on the Vehicle where such roof racks or snow chains have not been hired through JUCY
h) The Vehicle including its accessories and spare parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard racks, roof racks or bicycle racks
i) The Vehicle is driven on a road or ski resort access road without snow chains when snow chains are required to be fitted by the relevant local Roads and Transport Authority or the relevant ski resort
j) The costs to replace keys which have been lost, broken or damaged, the cost of retrieval of keys which have been locked inside a Vehicle
k) All costs as a result of breakages, loss, theft or defacement of the Vehicles interior caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle.
l) RISK-TAKER or CHANCE-IT Excess Reduction Cover does not cover any theft or attempted theft of the Vehicle or its contents resulting in damage where reasonable precautions were not taken to protect against that theft or attempted theft.
m) Loss of or damage to personal belongings. JUCY recommends the Hirer does not leave valuables in the Vehicle and JUCY strongly recommends that the Hirer ensures they take out the highest level of travel insurance.
n) All damage and costs caused by or in connection with reckless conduct or wilful misconduct of the Hirer or an Authorised Driver or any invitee of the Hirer or passenger in the Vehicle. For example, Excess Reduction Cover does not apply in connection with any incidents involving sitting or standing on the bonnet, boot or roof of the Vehicle or propelling an object from the Vehicle.
o) If the Vehicle is wilfully or recklessly damaged or is lost as the result of the wilful or reckless actions of the Hirer or an Authorised Driver or any invitee of the Hirer or passenger in the Vehicle (Note: Wilful or reckless damage includes any punctures or damage to tyres or rims caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, burning out a clutch and any damage arising from using the Vehicle to propel any other vehicle).
p) Except where JUCY is in breach of this Agreement, the costs relating to delivery of a replacement Vehicle required as a result of any of the exclusions listed in this clause 11.
q) Any costs associated with the incorrect use of fuel or the use of: (a) fuel (fuel being diesel or petrol); (b) the use of Bio-Diesel which should not be used; or (c) water; or (d) other contamination of fuel or water of the Vehicle.
r) The cost to retrieve or recover a Vehicle back to road level, which may include, but is not limited to a Vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in anyway.
s) If the Vehicle is involved in a single vehicle rollover or the roof of the Vehicle is damaged as a result of any single vehicle incident or accident, regardless of any Excess Reduction chosen by the Hirer, the Hirer must pay JUCY and is responsible to JUCY for all costs and damages arising in respect of such rollover, incident or accident. The Hirers liability under this clause is limited to an amount of $5,000. For the purposes of these terms and conditions a single vehicle rollover includes any incident or accident where the Vehicle has rolled, tipped (one or more wheels have left the ground) or fallen over and this has caused damage to the Vehicle, including to the roof and/or sides of the Vehicle.
t) The Vehicle is operated in any race, speed test, rally or contest or the Vehicle is used for the purpose of reward (for example, as a taxi or courier vehicle).
u) The Vehicle is driven by any person who at the time when that person drives the Vehicle is disqualified from holding or has never held a drivers licence appropriate for that Vehicle, or such person is not legally entitled to drive the Vehicle in Australia
v) The Vehicle is operated outside the Term of Hire or any agreed extension of that term.
w) If a driver of the Vehicle is convicted of any driving offence under Australian law where the Vehicle, property or any other vehicle is damaged in circumstances which are illegal in Australia.
x) If the Vehicle is loaded or is being loaded in excess of the manufacturers specifications.
a) If the RISK-TAKER or CHANCE-IT Excess Reduction Cover has been chosen, the excess/Bond is payable by credit card only. Please note the relevant amount will be debited from the Hirers credit card immediately. Subject to (b) below, the Bond is fully refundable provided the Vehicle is returned on time on the Return Date and to the Return Point, undamaged with a clean interior and with a full fuel tank. For dispute resolution in respect of Bonds please refer to clause 22 of this Agreement.
b) The Hirer authorises JUCY to deduct from the Bond any amounts due by the Hirer to JUCY arising as a result of this Agreement, including the amount of any damage, the charges as set out in this Agreement and as listed in clauses 3,7,12,14,15,16,17 and 18. JUCY will give the Hirer notice, by contacting them at the email address specified in the Rental Agreement, of the deduction of such amounts.
c) JUCY reserves the right to retain all or part of the excess/Bond for such period as JUCY may determine (acting reasonably) after the Term of Hire to cover the cost of un-notified damage, infringements or damage to third parties or their property. Once a refund is processed by JUCY, it may take five or more business days for the funds to become available.
d) In the event of a claim, to allow JUCY and/or its insurer to determine who is at fault, the relevant excess amount may be retained by JUCY irrespective of who is at fault and such amount must be paid to JUCY at the time the accident report is completed and not at the expiry of the Term of Hire. The excess will be refunded only if JUCY is successful in recovering the complete cost of the damages from the third party. If JUCY is not successful in recovering the complete cost of the damages from the third party then JUCY may retain all or part of the excess/Bond being in respect of such amount of damages that JUCY was not able to recover from the third party provided that JUCY shall not be entitled to retain any amounts to the extent that any damages have been caused by or contributed to by a breach of this agreement or the negligent act, error or omission of JUCY or any of its officers, employees or agents. The Hirer acknowledges that third party claims can take many months to resolve.
e) In the event of a replacement Vehicle being dispatched due to an accident, the applicable excess/Bond will be twice that of the excess/Bond for the original Vehicle.
f) In the event of a replacement Vehicle is given due to an accident, any Excess Reduction Cover taken is not transferable to the replacement Vehicle.
g) For the purposes of this clause 12, damage includes any and all damage to third party property (including Vehicle(s), damage to the Vehicle including tyres and windscreens, towing and recovery costs, theft, fire, break-in or vandalism costs and the cost of the daily rental rate for the Vehicle for the period the Vehicle is unavailable for hire by JUCY due to repair.
h) Where the Vehicle has been returned during or outside office hours and the Vehicle has undiscovered damage to the windscreen or body that has not been reported or is not covered by the Hirers chosen excess reduction cover, the Hirer will be charged and contacted summarizing the cost of repairs
JUCYS LIABILITY AND OBLIGATIONS
a) JUCY shall hire the Vehicle and supply any services pursuant to this Agreement:
i) on the terms and conditions expressly set out in this Agreement; and
ii) subject to non-excludable rights under consumer protection laws.
No other terms or rights apply.
b) Except as set out in the paragraphs below, JUCY accepts its liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws.
c) As the hire of the Vehicle and any services JUCY may provide pursuant to this Agreement is provided to the Hirer for the primary purpose of personal, domestic or household use, JUCY does not accept liability to the Hirer for losses that result from the use of the Vehicle or any of JUCYs services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, JUCY limits its liability to resupplying, repairing or replacing the Vehicle or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.
d) JUCY is not liable for any loss to the extent that it is caused by the Hirer (for example, through the Hirers negligence or breach of contract).
e) JUCY is not liable for any loss to the extent that it results from the Hirers failure to take reasonable steps to avoid or minimise the Hirers loss.
f) JUCY is not liable for any loss caused by JUCY failing to comply with its obligations in relation to the hire of the Vehicle or provision of any services where such loss is caused by events outside its reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God).
g) The liability JUCY accepts to the Hirer under this clause 13 includes liability for our agents according to the principles of vicarious liability at common law.
h) This clause 13 will survive termination of this Agreement.
i) JUCY shall make the Vehicle available to hire by the Hirer at the nominated time on the Start Date at the Collection Point in a safe and roadworthy condition.
j) JUCY shall provide all booking agents with updated terms and conditions and Vehicle specifications. Any discrepancies regarding the terms and conditions and/or Vehicle category must be addressed via the original booking agent.