Hire terms
Adelaide Luxury Car Hire – Terms & Conditions of Vehicle Hire (Contractual Addendum)
Effective Date: May 2025
1. Definitions
– “Vehicle” includes the motor vehicle, keys, accessories, documentation, number plates, and all installed or associated equipment.
– “Renter” refers to the person or entity entering this agreement and assuming financial and legal responsibility.
– “Authorised Driver” means any person explicitly listed in the rental agreement as eligible to operate the vehicle.
2. Eligibility & Driver Criteria
2.1. Drivers must be at least 25 years old and hold a valid, unrestricted licence for a minimum of 3 years (Australian or recognised international).
2.2. ALCH reserves the right to decline or revoke any booking at its discretion, including after confirmation, where identification or eligibility cannot be verified.
3. Bookings, Deposits & Payment Terms
3.1. A non-refundable deposit of 10% of the total rental cost is required upon booking.
3.2. Full payment is due prior to vehicle collection. Non-payment will result in booking cancellation under Clause 10.
3.3. ALCH may, at its discretion, issue a booking credit. Refunds are not available under any circumstances except where required by law.
4. Rental Duration, Returns & Overstay Charges
4.1. Minimum rental duration is 24 hours unless otherwise agreed in writing.
4.2. Vehicles must be returned on time. Late returns without prior written approval are charged at hourly or daily rates, calculated at ALCH’s current fee structure.
4.3. Punctual return is a material condition of this agreement.
5. Fuel Requirements & Maintenance
5.1. Only 98 RON premium unleaded petrol may be used unless specified otherwise.
5.2. A fuel receipt dated on the day of return must be presented. ALCH reserves the right to apply a refuelling fee if not provided.
5.3. Ignoring vehicle warnings, mechanical alerts, or operating the vehicle under hazardous conditions constitutes a breach of agreement.
6. Vehicle Cleanliness, Smoking & Interior Damage
6.1. Vehicles must be returned in a clean and reasonable state. A minimum $450 cleaning fee applies for excessive dirt, stains, odours, or neglect.
6.2. Smoking is strictly prohibited in all vehicles. A $500 fixed penalty applies to any breach.
6.3. Damage to vehicle interior (e.g., seats, controls, electronics) will be charged at full replacement cost.
7. Kilometre Usage
7.1. Each 24-hour rental includes a 200 km allowance.
7.2. Additional kilometres are charged at $6.50 per km.
7.3. Unused kilometres are non-transferable and non-refundable.
8. Chauffeur Services (If Applicable)
8.1. Chauffeur services are time-billed and subject to availability.
8.2. Alcohol may only be consumed onboard with written approval and compliance with South Australian law.
8.3. ALCH reserves the right to terminate chauffeur service without refund for unsafe, rude, or inappropriate conduct.
9. Tolls, Infringements & Administrative Charges
9.1. You are solely responsible for all tolls, parking tickets, traffic infringements, and penalties during the rental period.
9.2. An administrative fee of $150 per incident applies for ALCH’s processing of fines or notices.
10. Cancellations & Refunds
10.1. Cancellation more than 7 days prior forfeits the 10% deposit.
10.2. Cancellation within 7 days of rental start time forfeits the entire rental fee.
10.3. Early returns, no-shows, or change-of-mind decisions are strictly non-refundable.
11. GPS Tracking & Remote Enforcement
11.1. Vehicles are fitted with real-time GPS tracking and remote immobilisation technology.
11.2. ALCH may, without notice, disable or recover any vehicle where:
– The return is overdue;
– Unauthorised or illegal activity is suspected;
– A material breach of this agreement has occurred.
You explicitly consent to this enforcement mechanism and waive any claims relating to its use.
12. Accidents, Damage & Reporting Requirements
12.1. You must report all damage, theft, malfunctions or incidents immediately.
12.2. Insurance cover may be voided for failure to report incidents in a timely manner or for withholding material facts.
12.3. Final inspections may occur within 7 business days of return. You remain liable for any damage identified during this period, unless you can prove it occurred after return.
Subject also to Clauses 11 (GPS Enforcement) and 13 (Bond Deductions).
13. Security Bond
13.1. A pre-authorisation security bond between $5,000 and $25,000 is required depending on vehicle class.
13.2. This bond may be used to recover:
– Vehicle damage or excess;
– Cleaning or penalty charges;
– Toll or fine payments;
– Legal or recovery expenses.
13.3. Remaining bond (if any) will be refunded within 30 business days after vehicle inspection and clearance of tolls or fines.
14. Insurance Coverage & Liability Exclusions
14.1. All ALCH vehicles include comprehensive insurance with a $35,000 excess per incident.
14.2. Insurance is void and full liability applies in cases including but not limited to:
– Operation by unlisted drivers;
– Reckless, negligent or intoxicated driving;
– Racing, stunts, or off-road use;
– Failure to report incidents;
– Use contrary to Clause 15 (Prohibited Conduct).
ALCH’s internal insurance policy is confidential and not subject to disclosure. You accept and are bound by these limitations regardless of review or understanding.
15. Prohibited Conduct
The following are expressly prohibited:
– Racing, drifting, burnouts, off-roading;
– Rideshare, courier, or delivery usage;
– Use for illegal activity, including drug or contraband transport;
– Smoking or transporting animals in the cabin;
– Any act that may damage ALCH’s brand or vehicle integrity.
Breach of this clause voids insurance, terminates the rental, and permits immediate repossession without refund.
16. Termination by ALCH
ALCH may terminate the agreement and repossess the vehicle without refund where:
– Any clause is breached;
– Payment fails or is reversed;
– Vehicle misuse or illegal operation occurs;
– Your conduct threatens ALCH, its staff, or the public.
All resulting costs are recoverable from you.
17. Total Loss & Business Interruption Liability
If the vehicle is deemed a total loss due to renter fault, you agree to:
– Compensate ALCH for market value of the vehicle;
– Compensate for lost rental income during replacement procurement.
These obligations are enforceable regardless of insurance status.
18. Indemnity
You indemnify ALCH (including its directors, agents, and staff) against all loss, claims, or liabilities arising from:
– Your use or misuse of the vehicle;
– Breach of this agreement;
– Third-party claims during the hire period.
19. Credit Card Authorisation & Recovery
19.1. You authorise ALCH to charge your nominated credit card for any:
– Damage or cleaning;
– Toll or fine;
– Overdue balance;
– Legal or interest charges.
19.2. Overdue amounts attract 1.5% monthly interest, calculated daily. You are liable for all solicitor-client legal fees and third-party collection charges.
20. Governing Law, Venue & Dispute Resolution
20.1. All disputes must first be submitted to mediation in Adelaide, administered by the Law Society of South Australia.
20.2. Where mediation fails, disputes shall be resolved exclusively in the courts of South Australia under South Australian law.
21. General Legal Provisions
21.1. Severability: If any clause is found unenforceable, the remainder remains in force.
21.2. Waiver: No waiver is valid unless made in writing by an authorised ALCH officer. Failure to enforce any right does not waive future enforcement.
21.3. Joint & Several Liability: Where multiple renters or drivers are listed, all parties are jointly and severally liable under this agreement.
22. Acceptance, Acknowledgment & Consumer Law Compliance
By making a booking, providing payment, or taking possession of a vehicle, you confirm that you have read, understood, and agreed to these Terms in full. These Terms are legally binding and enforceable.
Nothing in these Terms is intended to exclude, restrict or modify any rights or guarantees you may have under the Australian Consumer Law (ACL).