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12. Use of the Vehicle
12.1 You agree that you will not allow the Vehicle to be:
a. driven otherwise than in a prudent and cautious manner;
b. driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
c. driven at a speed in excess of the relevant State or Territory speed limit;
d. driven in breach of road signs, road traffic laws or the directions of local authorities;
e. driven in contravention of clause 11;
f. left with the ignition key in the Vehicle while it is unoccupied;
g. Damaged by;
i. Submersion in water;
ii. Contact with salt water;
iii. Driving through flooded areas;
iv. Beach driving;
h. used for any illegal purpose or in any race, rally or contest;
i. used to tow any vehicle or trailer;
j. used to carry passengers or property for hire or reward;
k. used to carry more persons than is permitted by law or detailed in the Vehicle manual or on the Vehicle or specified in this Agreement;
l. used to carry volatile liquids, gases, explosives or other corrosive or inflammable material; or
m. used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental.
12,2 The Vehicle is not permitted to be driven:
a. above 60 kilometres per hour on any gravel, dirt or other unsealed road;
b. below the high tide mark of any beach or other body of water;
c. on any unformed track;
d. along the Canning Stock Route;
e. on Fraser Island;
f. along the Old Telegraph Track section of Cape York; or
g. across Yardie Creek in Cape Range National Park.
12.3 In addition to the restrictions contained in clause 12.2, RedSands may need to further restrict vehicle movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to the length of the Rental Period.
12.5 Animals must not be carried in the Vehicle, excluding registered disability assistance dogs.
14. Liability for Vehicle Damage
14.1 The Vehicle is insured for third party Vehicle and property damage. You must pay the first $8,000 or, if purchased, the reduced amount of bond applicable to the chosen option of 4WD Wander Far Coverage outlined in clause 15, of the cost of any Damage incurred while the Vehicle is in your possession.
14.2 You will be responsible for the cost of all Damage to the Vehicle, and the 4WD Wander Far Coverage (if taken) will be void, if:
a. you use the Vehicle in contravention of clause 12 of this Rental Agreement, and that contravention is the cause of, or contributes to, the relevant Damage; or
b. the Damage is covered by any of the exclusions set out in clause 16.
If the estimated cost of the Damage to the Vehicle [or other vehicle or property] is likely to exceed the bond amount, RedSands will immediately charge your credit card for the difference to cover the estimated cost of the Damage. In the event the actual cost of Damage is less than the initial estimate, RedSands will promptly refund the difference to your credit card. Alternatively, if the actual cost of Damage exceeds the initial estimate, RedSands will charge your credit card with the difference to cover the cost of the Damage.
14.3 The bond will:
a. be refunded to you upon a determination by the relevant insurance company that you were not at fault in relation to the damage, or
b. be deducted by RedSands in the amount equal to the damage caused by you upon a determination by RedSands insurance company that you were at fault in relation to the damage.
4 You agree to provide all reasonable assistance to RedSands in handling any claim including providing all relevant information and attending any Court to give evidence.
5 The liability of a driver for causing personal injuries resulting from the use of the Vehicle is covered by statutory compensation schemes in each State and Territory.
15. 4WD Wander Far Coverage
15.1 By purchasing 4WD Wander Far Coverage, you have the option to reduce your bond and your liability for Damage outlined in clause 15.2, other than Damage arising out of, or incurred in connection with, any Vehicle overhead or underbody damage, or single vehicle accident, to either:
a. Option 1: $2,500 for an additional charge per day (capped for a rental period in excess of 50 days);
b. Option 2: $750 for an additional charge per day (capped for a rental period in excess of 50 days).
15.2 The 4WD Wander Far Coverage inclusions are outlined below:
a. Option 1 includes one windscreen replacement, one tyre replacement, single vehicle accident coverage and Vehicle retrieval and recovery costs up to $5000;
b. Option 2 includes unlimited windscreen replacement, two tyre replacements, single vehicle accident coverage and Vehicle retrieval and recovery costs up to $5000.
16.1 You acknowledge that, irrespective of whether you have 4WD Wander Far Coverage, you are responsible for all Damage arising out of, or incurred in connection with:
a. any loss or damage to your personal belongings or property (or any person or entity related to you or any passenger in the Vehicle);
b. replacing keys which have become lost, stolen, or retrieval of keys which have been locked in the Vehicle;
c. damage to the awning and the roof top tent;
d. damage caused to the Vehicle because total load (kg) has exceeded recommended load as stated in Vehicle manual;
e. damage caused by drivers not identified on the Rental Agreement;
f. damage caused to the Vehicle due to the use of snow chains;
g. damage associated with the incorrect use of fuel (fuel being diesel or petrol), this includes Bio- Diesel which should not be used, or water or other contamination of fuel;
h. damage associated with contaminating the water tank with fuel;
i. damage to the interior of the Vehicle regardless of cause except when there is a collision with another vehicle;
j. damage to the Vehicle by loading or unloading, normal wear and tear excepted;
k. damage caused to the Vehicle by your wilful or reckless misconduct; and
l. damage caused by sitting or standing on the bonnet or roof of the vehicle.
m. retrieving or recovering a Vehicle which may include, but is not limited to a Vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in any way and/or has been abandoned;
16.2 You acknowledge that if you have not purchased 4WD Wander Far Coverage you will be additionally responsible for all Damage arising out of, or incurred in connection with:
n. a single vehicle accident;
o. tyre damage, other than normal wear and tear; and
p. windscreen damage.