TERMS AND CONDITIONS

This is a legal document that affects your rights as a customer or potential customer of Acorn Rentals “Acorn”.

Before you provide personal information to Acorn through its web site, you must agree to the Terms and Conditions “Terms” in this document.

Acorn provides rental car services to customers, and requires certain personal information to provide you with these rental car services, to evaluate whether you meet the criteria to be provided with rental car services, and to liaise with insurance companies, repair workshops, and legal representatives, as part of providing these rental car services, or recovering the expenses of providing these rental car services on your behalf.

I acknowledge that Acorn requires me to provide certain personal information in order that they can provide me with rental car services, and undertake required associated tasks. These may include recovering the expenses of providing rental car services, and liaising with service providers.
If I contract with Acorn to receive hire car services, then I agree to provide them with the personal information required to provide these services, and to recover the expenses of providing these rental car services on my behalf.
This personal information includes, but is not limited to, my name, address, and contact phone numbers (as the car owner), the name, address and contact phone numbers of the car driver (if different from the owner); the date, time, and location of the relevant car accident, the name, address, and contact details of my motor vehicle repairer, details of my insurance policy, and details of the insurance policy of the owner of the other vehicle involved in the accident.
By signing this document, I knowingly give Acorn permission to use my personal information in the operation of its business, and as required, to Australian regulatory and law enforcement entities, in accordance with operation of Australian law (Federal, State, Territory, and Local Government as applicable).
I am aware of the document “Website Privacy Policy – Acorn Rentals”, and I have reviewed, and I am satisfied, with the provisions made by Acorn to safeguard the personal information that I provide to Acorn.
If any part or provision of this document is determined by a Court to be invalid or unenforceable, then all other parts and provisions shall still be given full legal force and effect notwithstanding that invalidity or unenforceability.

RENTAL TERMS AND CONDITIONS

Your booking is NOT CONFIRMED until payment is made and all bookings are subject to availability.

Once we have confirmed your reservation, we will inform you via email and call to take payment.

For immediate confirmation or if you would like to change the reservation details, you can do so by contacting our office during business hours at:
TEL:1300180913 or by email admin@acornrentals.com.au

Booking TERMS AND CONDITIONS

Hire Cars Delivered- Terms, Conditions and Policies
Minimum rental term-
Delivered Rentals – 4 Full Rental Days
Collection from Depot – 1 Full Rental Day

Standard Delivery Hours-
Delivery hours are 9.30am to 3.30 pm Monday to Friday. Delivery’s and Collections can be arranged outside these hours, subject to availability and by arrangement with management on a case by case basis.

Renter not present on collection/Drop off policy-
By arrangement only.
$400 key replacement charge will apply if the keys are not there as organised.

Excess Kilometre Charge –
The charges payable if You exceed any free kilometres allowance specified in the Rental Details Document. We will use the Vehicle’s odometer to calculate the number of kilometres travelled during the rental. The rate for each additional kilometre is specified in the Rental Details Document where applicable;
A fair usage policy applies to all rentals.

Renter not present on delivery policy-
By arrangement only.

Fuel Surcharge –
$3.00 per litre including GST if not returned full.
Customers are given vehicles with a full tank of fuel and are asked to return it with a full tank.

Underage or restricted licence surcharge-
$32.00 per day including GST for drivers aged 18-24 or on a restricted licence.

Additional drivers-
$5.00 per day including GST per additional driver.
The extra drivers will need to be notified to us and their licence added to the Rental Agreement.

Maximum delivery areas-
Within 25km radius of the depot.
Longer deliveries are possible but need to be authorised by management.

Cancellation Policy-
Within 24 Hours of Delivery/Collection: $100 Cancellation Fee Applies
Cancelled at least 24 hours before delivery/collection: Full Refund Available

Rental Extensions-
a. We understand that circumstances change and You may require the Vehicle for longer than the Rental Period. If so, You must contact Us prior to the expiration of the Rental Period to request an extension. We may approve or deny Your request. All Extensions are By management approval only and are not guaranteed.
b. If We do not approve Your request for an extension to the Rental Period, You must return the Vehicle by the date and time specified in the Rental Details Document.
c. If We approve Your request for an extension to the Rental Period We will take payment at that time for the additional charges resulting from the extension.

The daily rate is extended day by day at the original rate charged.
IE if the rental period is booked for 5 days at a Corolla rate of $105.00 per day and during the rental the customer wants to keep the vehicle longer and extends it to say 10 days, the extra 5 days is extended at the original $105.00 per day. The rental does not does not drop to the 7/14 days rate of $95.00 per day.

Delivery charges each way INC GST.-
0-5 kms- $27.50
5-10- $35.00
10-15kms $45.00
15-20kms $55.00
20-25kms $65.00

TERMS AND CONDITIONS OF HIRE
1. DEFINITION
“Owner” means the business or name of which appears overleaf
“Renter” unless a contrary intention appears, means and includes
(a)The natural person, company, corporation or government department shown as Renter overleaf;
(b)any person, company, corporation or government department which is or becomes vicariously liable at law to any other person for loss or damage caused by the driver of the vehicle and
(c)any person shown as “Joint Renter” on the face hereof.
1.2 In case of joint hiring Renters are jointly and severally liable in respect of all the terms and conditions of this Agreement
1.3 “Vehicle” means the vehicle described overleaf or any replacement vehicle provided to the Renter by the Owner and includes all tyres, tools, accessories and equipment provided with the vehicle
For the purposes of this agreement the phrase “accident, damage to or theft of the vehicle” includes any cost, expenses or outgoings arising therefrom
1.4 “Rental Period” means the period commencing at the date and time shown overleaf and ending either when the vehicle is returned as specified or when the Owner received valid confirmation of the theft or destruction of the vehicle
1.5 “Limited Damage Waiver” means the amount payable by the Renter who wishes the Owner to arrange a cover that reduces the amount liable in the respect of loss or damage to the vehicle to the amount of excess as noted on the
face hereof.

2 WARRANTIES BY RENTER
2.1 Any person signing this agreement on behalf of a corporation or business warrants that he/she is a duly authorised agent of such corporation or business and each corporate or business Renter undertakes to ensure that any person
who is permitted to drive the Vehicles as authorised driver of the Renter complies with all these terms and conditions
2.2 The Renter warrants that the vehicle will not be driven by any other person other than the Renter or where the Renter is a Business or Corporation, the Renter’s authorised driver
2.3 The Renter warrants that
(a)the driver of the vehicle
(i) has not been convicted of any offence relating to driving a motor vehicle under the influence of liquor or drugs
(ii) has not been refused motor vehicle insurance
(iii) holds a current motor vehicle drivers licence valid in the State or Territory of hire and
(b)all particulars shown on the face hereof as to the name, address, age, occupation and the likes of the Renter are correct
2.4 The Renter acknowledges that it is in reliance upon the truth of the above representations and those on the face hereof that the Owner agrees to enter into this agreement

3 CONDITIONS OF VEHICLE
The Renter acknowledges that the Vehicle is the property of the Owner and that it has been received by the Renter in good order and running condition. By taking the Vehicle out of the rental
premises, you confirm that you take the Vehicle:
(a)in the same condition as set out in the Vehicle Details and Damage Report
(b)with manufacturer supplied tools, tyres, accessories and equipment, keys and any other items specified on the Vehicle Details
(c)with the seal of the odometer unbroken; and
(d)with the Check Out Odometer reading and Fuel Reading set out in the RA

4 POSSESSION AND RETURN OF THE VEHICLE
4.1 During Your Rental Period:
a. Your rental of the vehicle from Us is for the Rental Period and at the rate shown on the Rental Agreement.
b. The Vehicle must be returned to the Rental Location specified in the Rental Agreement on the date and by the time shown in the Rental Agreement. If You Terminate the Rental your rental and return the Vehicle earlier than the date and/or time shown in the Rental Agreement the daily rate payable may be adjusted to reflect the daily rates that apply for shorter rentals.
c. If you fail to contact Us before the expiration of the Rental Period We may:
i. Terminate the Rental Contract;
ii. Recover the Vehicle by lawful means; and
iii. Report the vehicle stolen.

4.2 The Owner may terminate this agreement and without notice repossess the Vehicle in the event that
(a)the Renter is found to be in breach of any terms, conditions or warranty herein or;
(b)the Owner considers on reasonable grounds that the conduct of the Renter is likely to affect prejudicially the Owner’s interest in or the condition of the Vehicle or
(c)any of the circumstances referred to in clause 7 occur and may retain all sums paid by the Renter without prejudice to any further rights of the Owner in respect of any breach or default by the Renter
4.3 The Renter undertakes that the Vehicle will be returned to the owner at the Return Location, date and time specified on the face hereof or during any extension of time authorised by the Owner on the face hereof in the same condition
(save for ordinary wear and as herein otherwise expressly provided) as when received, with a fuel reading at least equal to the Check Out Fuel Reading. If the Renter fails to return the Vehicle in such condition at the specified Return
Location, date and time or during an extension of time so authorised by the Owner, whether such failure is due to negligence or other default of the Renter or not the Renter must pay to the Owner an amount equal to all sums of
money which would have been received by the Owner from any source whatsoever if the Owners had the use of the Vehicle in good condition during the relevant time.
4.4 The Renter undertakes not to drive the Vehicle outside the permitted area of use shown on the face hereof
4.5 The Renter undertakes not to interfere with the Vehicles odometer
4.6 The Renter will pay the cost of having the Vehicle returned to the specified return location if the Vehicle breaks down, is damaged or needs towing regardless of the cause of such breakdown or damage
4.7 If the Renter elects to have the vehicle delivered to an address, other than an Acorn Rentals depot, the minimum rental period is 4 days.

5 ACCIDENT PROCEDURES
5.1 The Renter must report in writing to the Owner within four hours or as soon is practicable thereafter and in any case not later than 24 hours after the event any accident or incident which might give
rise to any claim by any person against the Owner of the Renter for injuries or damage to person or property in any way arising out of the use of possession of the Vehicle by the Renter
5.2 In the event that the Vehicle sustains any loss or damage the Renter must complete and furnish to the Owner within as reasonable time such statements information and assistance as the Owner may reasonably require in respect of
loss or damage to the Vehicle or to any other person or property
5.3 The Renter must not without the written consent of the Owner make any offer promise of payment, settlement indemnity or admission of liability in respect of any damage to the Vehicle or to the property of any third person
6 INSURANCE
6.1 Subject to clause 7 the owner will arrange cover for accident damage to or theft of the Vehicle for the Renter to the amount of the excess as stated on the face hereof
6.2 Subject to clause 7 and the Renter’s payment of the Limited Damage Waiver the owner indemnities the Renter against any amounts of which the Renter may be liable arising from use of the Vehicle (including agreed legal costs) to
cover the liability of the Renter in respect of damage to property or third parties (except property of Renter’s family or the property in the Renter’s custody and control)
subject to the Renter’s paying the excess amount shown overleaf PROVIDED THAT such indemnity and the payment of any more moneys thereunder shall be conditional upon
(a)The Renter not being otherwise indemnified under any policy of instance.
(b)the Renter in his own name and at the request and cost of the Owner or its insurer bringing the defending, enforcing or setting such legal proceedings (of which the Owner or its insurer or some person appointed by the Owner or its insurer shall have the sole conduct as the agent of the Renter) as the Owner or its insurer may reasonably require.
(c)the Renter completing and furnishing to the Owner or its insurer such statements, information and assistance as the Owner or its insurer may require and otherwise complying with the Owners insurance policy conditions in so far as
they apply
6.3 The Owner reserves the right to request any Renter who chooses not to pay the Limited Damage Waiver Fee to carry their own insurance to cover accident damage to or theft of the Vehicle and damage to the property of third parties
and to produce a copy of such insurance policy to the owner on request

7 RENTERS LIABILITY
Regardless of whether the Limited Damage Waiver Fee has been paid, no insurance cover will apply and the Renter will be liable for any and all losses arising from any accident, damage to the body work, underside of the floor,
chassis, suspension, wheels, tyres, interior, accessories, or any type of mechanical or electrical damage whatsoever or theft of the Vehicle, and damage to property of any third party in the following circumstances
(a) damage occurs when the Vehicle is driven by any person not meeting the licence or age conditions (except in the case of illegal use or theft). These conditions are:
(i)driver of vehicle to be at least 18 years of age
(ii)where vehicle is owned and provided by Acorn Rentals the minimum licence level accepted is Provisional licence (learner permits are not accepted)
(iii)where the vehicle is sub-leased by Acorn Rentals and owned by an external company the minimum licence level accepted is an unrestricted motor vehicle driver’s licence
(b) the windscreen or other glass is damaged
(c) undercarriage pan or overhead vehicle damage, damage caused by contact with cabin and pan or vehicle body damage is sustained which cannot be attributed to a specific accident which has been reported to the police,
(d) damage caused by the use of snow chains, roof racks, towing or tyre damage occurs which is attributable to normal wear and tear
(e) spare wheel, loss and/or jack are lost or stolen
(f) damage, including interalia, damage to body work, underfloor area, motor suspension, chassis, deferential gearbox, axle, wheels, tyres or the interior of the Vehicle which is caused by misuse or abuse or lack of responsible care of
the Vehicle. Failure to accept and act on any direction of the owner in respect of the general care of the Vehicle or in respect of specific steps to be taken by the hirer if any fault occurs in the Vehicle
(g) damage occurs when
(i) the Renter has not taken reasonable precautions to prevent loss or damage or theft of the Vehicle, its accessories, tools and spare parts and particularly if the keys are left in the Vehicle,
(ii) the Vehicle is driven Outside the permitted area of use,
(iii)the Vehicle is used by the Renter in a manner or for a purpose other than that for which it was designed and constructed,
(iv) the Vehicle is driven or used by the Renter to carry more passengers and/or greater load than recommended for the Vehicle,
(v) the Vehicle is driven on a road which is damaged unsafe or partially or completely under water
(vi)the Vehicle is driven in snow or an unsealed road or results from the vehicles collision with any animal,
(vii) the Vehicle is driven outside the Rental Period or any extension thereof authorised by the Owner,
(viii) the Vehicle is used by the Renter for the conveyance of passengers for hire, fare or reward,
(ix) the Vehicle is damaged by any goods, chattels, plant or other thing carried in or upon the Vehicle or temporarily affixed thereto by the Renter or any of the Renter’s employees or agents,
(x) the Vehicle is used by the Renter for any illegal purposes, in any race, speed test or contest or in preparation thereof the Vehicle is driven at an excessive speed or in a manner dangerous to the public
(xi) the person driving the vehicle does not hold a current valid motor vehicle driver’s licence for the State or Territory of hire,
(xii) the Renter drives the vehicle while under the influence of drugs or having a blood alcohol content in excess of that permitted by law in the place where the damage occurs,
(xiii) the Renter commits any chargeable offence, or
(xiv) the Renter is in breach of any terms and conditions of this agreement
(h) Under no circumstances the owner is to indemnify the renter for any damages sustained to the vehicle or against any third party claim. In the case of an act or omission of negligence by the rent and the renter will be liable for all
damages sustained and any liabilities that might arise as a result of such an act or omission.

8 THIRD PARTY PROPERTY
Subject to clauses 6 and 7 herein the Owner indemnifies the Renter against any amounts for which the Renter may be liable arising from use of the Vehicle (including agreed legal cost) to cover the liability of the Renter in respect of
damage to property or third parties (except property of Renters family or other property in the Renter’s custody and control) PROVIDED THAT If the Renter has not paid the Limited Damage Waiver Fee. The Renter shall be liable for
the amount of the excess specified overleaf and PROVIDED FURTHER THAT such indemnity and the payment of any moneys thereunder shall be conditional upon
(a)the Renter not being otherwise indemnified under any policy of insurance
(b)the Renter in his own name and at the request and cost of the Owner or its insurer bringing, defending, enforcing or setting such legal proceedings (of which the Owner or its insurer or some person appointed by the Owner or its
insurer shall have the sole conduct as the agent of the Renter) as the Owner or its insurer may reasonably require
(c)the Renter completing and furnishing to the Owner or its insurer such statements information and assistance as the Owner or its insurer may require and otherwise complying with the Owners insurance policy conditions in so far as
they apply
9 OWNERS LIABILITY
9.1 Consumers have the benefit of conditions and warranties implied by the Trade Practices Act 1974 (‘Act”) and other statutes and nothing in these conditions is intended to exclude, restrict or modify any statutory obligation of the Owner
is that cannot lawfully be done.
9.2 Where the Vehicle is hired for commercial purposes. If the Owner is liable for breach of a non-excludable condition on warranty implied by the Act or any other statute the liability of the Owner for such a breach shall be limited to one
of the following as determined by the Owner
(a)the supply of the vehicle or supply of equivalent Vehicle
(b)the payment of the cost of hire of the vehicle
9.3 Subject to any legislation to the contrary
(a)representations and agreements not expressly contained herein shall not be binding upon the Owner as conditions, warranties or representations, all such conditions, warranties and representations on the part of the Owner whether
express or implied statutory or otherwise whether collateral or antecedent or otherwise are hereby expressly negatived and excluded
(b)the Owner shall be under no liability to the Renter for any loss (including but not limited to loss of profits and consequential loss) or for damage to persons or property for death or injury caused by any act or omission (including
negligent acts or omissions) of the Owner or the Owners agents
(c)the Owner shall be under no liability to the Renter for any loss or damage for delay through breakdown, mechanical defect or accident or by reason of the Vehicle being unsuitable for the purposes of the Renter and
(d)the Owner shall be under no liability to any person whomsoever for any loss or damage to any property stolen from the Vehicle or damaged or otherwise lost during the hiring or left in the vehicle after return of the Vehicle to the
Owner and the Renter hereby agrees to indemnity and keep indemnified the Owner in respect of all claims demands and actions brought against the Owner in respect thereof

10 PAYMENT OF CHARGES, DAMAGES ETC
Payments
a. At the start of the rental you must provide your charge card which we will charge the total estimated rental charges as shown on the front page of the Rental Agreement. Payment by Debit card is not accepted on all vehicles or at all rental stations and you should check you proposed means of payment is acceptable to Us before signing the rental contract.
b. In addition we may charge a deposit, as security against your charge card, or take a cash deposit from you (where cash option is available), which We will apply against any additional charges to which You are responsible at the end of Your Rental Period.
c. When collecting the vehicle the primary card holder must be present, unless prior approval has been obtained and approved by Acorn Management.
d. For a list of accepted credit cards please contact Us.
e. Cash payments are only accepted at select locations with Our prior approval.

The Renter agrees to pay the Owner on demand
(a)the rental time mileage, drop off, service, sundry and other charges and all other moneys payable by the Renter relating to the Rental period
(b)subject to the provisions of clause 6 hereof, a sum equal to the amount of all loss of or damage to the vehicle during the Rental Period
(c)all fines and penalties paid or payable by the Owner in respect of traffic parking and other offences committed by the Renter
(d)all tolls, levies charges or the like made or imposed by any State or Federal Government Authority, Department or other body and whether by Act, Regulation, Agreement or otherwise in respect of any Government controlled areas,
bridges, toll roads, highways or airports
(e) A cancellation fee of no less than $100 if the rental booking is cancelled within 24hours of the agreed collection time.
(f) Drivers under the age of 25 years and any driver holding a restricted or provisional driver’s licence are subject to a daily charge of $32 for each day the vehicle is rented.
(g) The renter is entitled to drive the vehicle. Each Additional driver(s) who are duly authorised to drive the vehicle by the renter incur a daily charge of $5 for each day the vehicle is rented. The renter remains liable for all costs and remains subject to the Terms and Conditons.
(h) A minimum delivery/collection fee of $27.5 is charged each way for if the Renter elects to have the vehicle delivered and/or collected from their selected address.

Price match Guarantee Terms and Conditions

You are eligible for a price match if your request meets the following conditions:

This guarantee applies only to the same make, model and year car.
The price match will be valid on the initial quote only, and is non-negotiable beyond our initial offer.
Price match requests must be supplied within 24 hours of booking
Price match quotes must be submitted within 12 hours of viewing an internet site with a cheaper price.
To qualify, we must be satisfied that (a) vehicle is same in specifications, condition and age, (b) the pickup and return dates and locations of travel are the same, and (c) the vehicle you have found is actually available to book as one package on the same website.
The vehicle must be available for collection from a location within 10km of the selected Acorn Depot.
Prices are compared on total “like for like” price and when calculating the other alternative company website’s total price comparisons will include all comparable costs such as, the cost of the vehicle plus all fees and charges like insurance, young driver fee, handling and booking charges.
When requesting a price match you must include the name of the website/company where the same vehicle is cheaper, a screenshot of the cheaper offer (including the date and time visited), the cost of the cheaper vehicle, your search criteria (dates / times / number of passengers / destination), your name, email address and contact telephone number.
Price match requests are not available via phone.
Acorn Management Reserves the right to refuse price match requests if quotes and/or vehicle is deemed to not be the same or vehicle is booked under different terms and conditions.
The price match guarantee is subject to change and can be withdrawn at any time and without prior notice.
May not be offered during peak periods and is subject to vehicle availability

You are certifying that you have read, understood, and agreed to these Terms and Conditions when you mark your agreement on the applicable section of the web site.