Rental Agreement

This Vehicle Rental Agreement (Agreement) is made between Australian Business Holdings Pty Ltd (ACN 628 053 636 / ABN 22 628 053 636) trading as Drive Tribe and the Guest named in the Booking confirmation (the Guest), in respect of booking your booking reference. The Guest, Vehicle, rental dates, locations and charges for this rental are set out in the Guest’s Booking confirmation, which forms part of this Agreement. The Vehicle for this Booking is owned and rented out by Drive Tribe itself, and this is a direct agreement between Drive Tribe and the Guest. Where a Vehicle is instead owned and rented out by an independent partner operator, that operator’s own rental agreement applies to that booking and is provided to the Guest with their Booking confirmation.

Parties

Drive Tribe / we / us / our: Australian Business Holdings Pty Ltd (ACN 628 053 636 / ABN 22 628 053 636) trading as Drive Tribe, of 69 Phillip Street, Parramatta NSW 2150.

Guest / you / your: the individual named as the Guest in the Booking confirmation, being the person who books and is responsible for the Vehicle and who is the sole authorised driver.

Background

A  Drive Tribe operates a fleet of prestige and performance motor vehicles which it rents to customers in New South Wales on a short-term and long-term basis.

B  The Guest wishes to rent the Vehicle described in the Booking confirmation, and Drive Tribe agrees to rent the Vehicle to the Guest, on the terms set out in this Agreement.

C  The Guest’s Booking confirmation and the Fees and Charges set out in this Agreement form part of this Agreement. Where there is any inconsistency, the Booking confirmation and the Fees and Charges prevail over the rest of this Agreement to the extent of the inconsistency.

1. Definitions and interpretation

1.1  In this Agreement, unless the context requires otherwise:

Additional Driver: one further driver approved by Drive Tribe and added to this Agreement under clause 3.1.

Booking: the reservation of the Vehicle for the Rental Period as described in the Booking confirmation and confirmed in writing by Drive Tribe.

Business Day: a day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales.

Damage Excess: the amount, determined by the Vehicle Class and the Cover Option selected by the Guest (clause 10.7) and shown in the Booking confirmation, that is the maximum the Guest contributes towards loss of or damage to the Vehicle arising from a single incident, except where this Agreement provides that the Excess does not apply or that the Guest is liable for the full amount of the loss.

Designated Location: 69 Phillip Street, Parramatta NSW 2150, or such other pick-up and drop-off location as Drive Tribe specifies in writing in the Booking confirmation.

Fees: the rental charges, fees, costs and other amounts payable by the Guest under this Agreement, including those in the Fees and Charges section.

GST: has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Kilometre Allowance: the included kilometres for the Rental Period, as set out in the Booking confirmation.

Policy: the motor vehicle insurance policy under which the Vehicle is insured, the details of which are set out in or notified under the Fees and Charges section.

Prohibited Use: any use of the Vehicle described in clause 9.2.

Rental Period / Term: the period from the start date and time to the end date and time stated in the Booking confirmation, as extended or shortened under this Agreement.

Vehicle: the motor vehicle described in the Booking confirmation, including its keys, accessories, tools, documents, tyres and equipment.

Vehicle Class: the class of the Vehicle (Lifestyle, Luxury, Performance, Exotic or Supercar) as specified for the Vehicle in the Booking confirmation, which determines certain fees, the Damage Excess and the security pre-authorisation under this Agreement. For the purposes of clause 10.7 and the Fees and Charges section, the Lifestyle, Luxury and Performance classes together form the standard tier, and the Exotic and Supercar classes are each a tier of their own.

Cover Option: the optional cover selected and paid for by the Guest under clause 10.7 (Basic Cover, Premium Cover or Max Cover), which reduces the Damage Excess and the security pre-authorisation for the Booking. Where no Cover Option is selected, the included excess for the Vehicle Class applies.

Young Driver: a Guest aged 20 to 24 years (inclusive) at the start of the Rental Period.

1.2  Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa. A reference to legislation includes any amendment to or replacement of it. The word ‘including’ and similar words are not words of limitation.

2. The Vehicle and the rental

2.1  Drive Tribe rents the Vehicle to the Guest, and the Guest hires the Vehicle from Drive Tribe, for the Rental Period and on the terms of this Agreement.

2.2  The Vehicle remains at all times the property of Drive Tribe (or its financier or owner). The Guest acquires only the right to possess and use the Vehicle in accordance with this Agreement and acquires no other right, title or interest in the Vehicle.

2.3  The Guest must collect and return the Vehicle at the Designated Location and at the times stated in the Booking confirmation, unless otherwise agreed by Drive Tribe in writing.

2.4  At pick-up, the Guest and Drive Tribe will record the Vehicle’s condition, fuel level and odometer reading. The condition report forms part of this Agreement. If the Guest does not dispute the condition report at pick-up, it is taken to be accurate.

3. Driver eligibility and verification

3.1  Drivers. The Guest is the primary driver. One Additional Driver may be added to this Agreement on payment of the additional driver fee set out in the Fees and Charges section and the Booking confirmation. Before an Additional Driver may drive the Vehicle, they must provide their full personal and licence details, complete Drive Tribe’s identity and licence verification (clause 3.6), and meet every driver-eligibility requirement in this clause 3. The Guest remains fully responsible for the Vehicle and for the acts and omissions of the Additional Driver. No person other than the Guest or the approved Additional Driver may drive the Vehicle, and permitting them to do so is a serious breach of this Agreement to which clause 10.5 applies.

3.2  Age. The Guest must be aged between 20 and 75 years at the start of the Rental Period. Certain Vehicles carry a minimum age of 25, including every BMW M3 and every Vehicle in the Exotic and Supercar Vehicle Classes; the minimum age for each Vehicle is stated on its listing and in the Booking confirmation. Drivers aged 20 to 24 are accepted, on Vehicles with a minimum age of 20, only as Young Drivers under clause 3.3. Drive Tribe does not rent to drivers under 20 or over 75 years of age.

3.3  Young Drivers. A Guest aged 20 to 24 years (inclusive) at the start of the Rental Period is a Young Driver. Young Driver Cover is mandatory for every Young Driver. It is added to the Booking automatically and charged at +25% of the daily hire for each day of the Rental Period, as set out in the Fees and Charges section, and it cannot be declined, removed or reduced. Where a Booking is made or amended such that the driver is a Young Driver and Young Driver Cover has not been charged, Drive Tribe may add it and charge the Guest’s nominated payment card under clause 4.4, or may cancel the Booking under clause 15.4. The Young Driver additional excess in the Fees and Charges section applies in addition to the Damage Excess. Cover Options are not available to Young Drivers, who remain on the included excess for the Vehicle Class. Young Driver approval is at Drive Tribe’s sole discretion, may be subject to the requirements of the Policy, and Drive Tribe may impose further conditions.

3.4  Licence. The Guest must hold a current, valid, full and unrestricted driver licence for the class of the Vehicle. Provisional (P1/P2) and learner licence holders are not permitted to drive any Vehicle. The Guest must not drive the Vehicle if their licence is suspended, cancelled, expired or subject to any condition that would be breached by driving the Vehicle.

3.5  Overseas licences. A full overseas driver licence is accepted only if it is current and written in English, or is accompanied by a valid International Driving Permit (IDP) or an official NAATI-certified English translation. Acceptance of overseas-licensed drivers is subject to the Policy and to Drive Tribe’s approved-country list.

3.6  Verification. Every Booking is accepted subject to verification of the Guest’s identity, date of birth and driver licence through a trusted third-party provider. Verification takes place after the Booking is made and must be completed at least 24 hours before the start of the Rental Period, or before handover for a Booking made within 24 hours of the start. It may include identity-document and licence checks (including verification against the Australian Government Document Verification Service), a live photograph or selfie match, and a fraud and risk assessment. Drive Tribe will not hand over the Vehicle to a Guest who has not completed verification, and may refuse or cancel a Booking under clause 15.4 if verification cannot be completed or the Guest fails the assessment. Where the verified details differ from what the Guest declared at the time of booking, and the difference would have changed the Guest’s eligibility for the Vehicle, the Fees or the cover required, clause 15.4 applies; where the difference changes none of those things, Drive Tribe will correct the Booking and the Fees. The Guest warrants that all information and documents provided are true, current and complete. Drive Tribe may re-verify the Guest at any time.

3.7  High-performance vehicles. The Guest acknowledges that certain Vehicles are high-performance vehicles which provisional licence holders are prohibited from driving in New South Wales. The Guest must comply with all licence-class and high-performance vehicle restrictions at all times.

4. Booking, fees and payment

4.1  A Booking is only confirmed when Drive Tribe accepts it in writing. Drive Tribe may decline any Booking at its discretion before it is confirmed.

4.2  The rental rate for the Vehicle is agreed between the parties and set out in Schedule 1 (the Rental Summary) and the Booking confirmation. Once the Booking is confirmed, the rental rate is fixed for the Rental Period and is not subject to renegotiation. The other Fees and charges set out in the Fees and Charges section apply in addition to the rental rate.

4.3  For Rental Periods of up to one month, the full rental charge is payable in advance before the Vehicle is handed over. Long-term rentals of one month or more are governed by clause 17.

4.4  All Fees are payable by the method nominated by Drive Tribe. The Guest authorises Drive Tribe to charge the Guest’s nominated payment card or account for any Fees, charges, excess, fines, tolls, fees and other amounts properly payable under this Agreement, whether during or after the Rental Period.

4.5  Unless stated otherwise, all amounts are in Australian dollars and inclusive of GST. The Guest must pay any amount due within 7 days of a written request, unless an earlier time is specified.

4.6  Payment method and card surcharge. The rental charge may be paid by card, cash or bank transfer. A surcharge of 2% applies to any amount charged to a card, including the rental charge where the Guest pays it by card, any increase to the Booking (such as an extension or upgrade), and any amount charged to the Guest’s card during or after the Rental Period, including settlement charges, tolls and fines. The surcharge does not apply to the security pre-authorisation under clause 5, which is a hold and not a charge. Paying the rental charge by cash or bank transfer avoids the surcharge on the rental charge only. The surcharge is shown to the Guest before payment.

4.7  Card stored on every Booking. Whichever way the rental charge is paid, the Guest must provide a payment card at the time of booking, which is securely stored with a trusted third-party provider. The stored card is used for the security pre-authorisation under clause 5 and, under clause 4.4, for any amount properly payable under this Agreement during or after the Rental Period.

5. Security deposit (pre-authorisation)

5.1  Before the Vehicle is handed over, Drive Tribe will place a pre-authorisation hold on the Guest’s stored payment card as security for the Guest’s obligations under this Agreement. The amount held is equal to the Damage Excess that applies to the Booking, which depends on the Vehicle Class and the Cover Option selected under clause 10.7, and is the amount shown in the Booking confirmation. The amounts for each Vehicle Class and Cover Option are set out in the Fees and Charges section. The pre-authorisation is a hold on the card, not a charge: the amount is reserved, not taken, and the card surcharge in clause 4.6 does not apply to it. If the hold cannot be placed before handover, Drive Tribe will not hand over the Vehicle.

5.2  The security pre-authorisation does not limit the Guest’s liability. The Guest remains liable for all amounts owing under this Agreement (including the applicable Excess, fees, tolls, fines, recovery costs and, where this Agreement so provides, the full cost of loss or damage) even where those amounts exceed the pre-authorisation.

5.3  Drive Tribe may apply or charge against the security, and against the Guest’s nominated payment method, any amount the Guest owes. Drive Tribe will release the hold, less any amount applied under this clause, within a reasonable time after the Vehicle is returned and inspected and any charges owing have been settled.

6. Kilometre allowance

6.1  The included kilometre allowance for the Rental Period is set out in the Booking confirmation.

6.2  Kilometres driven in excess of the included allowance are charged per kilometre at the rate for the Vehicle Class set out in the Fees and Charges section, as shown on the Vehicle’s booking page and in the Booking confirmation. Excess kilometres are calculated from the Vehicle’s odometer readings at pick-up and return and are payable on return.

7. Fuel

7.1  The Guest must use only the fuel or energy type specified for the Vehicle: petrol Vehicles require 98 RON premium unleaded petrol only; diesel Vehicles require diesel only; and electric Vehicles must be charged using an appropriate and compatible charging station.

7.2  The Guest must return the Vehicle with the same fuel level as at pick-up. Drive Tribe may require a valid fuel receipt. If the Vehicle is returned with a lower fuel level, the refuelling fee in the Fees and Charges section applies.

7.3  Misfuelling. If the Guest puts the wrong fuel type or grade into the Vehicle, the Guest is liable for the full cost of draining, flushing, repairing and recovering the Vehicle and for any consequential loss, and must not start or attempt to drive the Vehicle after misfuelling.

8. Tolls, fines and infringements

8.1  The Guest is responsible for all tolls, toll-operator video-matching and administration fees, fines, infringement notices, penalties, levies and charges arising from the Guest’s use of the Vehicle during the Rental Period.

8.2  A toll administration fee as set out in the Fees and Charges section applies per Booking where any toll road is used, in addition to the tolls incurred and any toll-operator video-matching or administration fees passed on to Drive Tribe.

8.3  The Guest authorises Drive Tribe to nominate the Guest as the responsible driver for any fine or infringement and to provide the Guest’s details to the relevant authority. A nomination/administration fee as set out in the Fees and Charges section applies per nomination. Because fines and tolls are often received after the Rental Period, these amounts (and the related fees) may be charged to the Guest’s stored card at any time after the Booking, and the card surcharge in clause 4.6 applies to them.

9. Use of the Vehicle — permitted and prohibited use

9.1  The Guest must use the Vehicle lawfully, safely, with due care, and only for ordinary private road use on sealed public roads, in accordance with this Agreement, the manufacturer’s requirements and all road, traffic and licensing laws.

9.2  The Guest must not, and must not allow the Vehicle to be used for or in any of the following (each a Prohibited Use):

(a)  any track day, racing, motorsport, competition, time trial, hill climb, drag, sprint, lap, performance test or driver-training event, on any circuit or otherwise;

(b)  burnouts, drifting, donuts, skids, launch-control abuse, deliberate wheelspin, or any conduct that is reckless, negligent, predatory or an offence (including under the Road Transport Act 2013 (NSW));

(c)  driving while affected by alcohol or any drug, or otherwise contrary to law;

(d)  carrying passengers or goods for hire or reward, ride-share, taxi, hire-car, courier or delivery services, or any commercial use of the Vehicle by the Guest;

(e)  driving on any unsealed road, beach, flood-affected, off-road or otherwise unsuitable surface;

(f)  towing or pushing any vehicle, trailer or object;

(g)  sub-letting, lending, hiring out or otherwise parting with possession of the Vehicle, or using it as security;

(h)  transporting anything that is dangerous, illegal, or that may damage or soil the Vehicle, or carrying more passengers than there are seatbelts;

(i)  permitting any person other than the Guest or an approved Additional Driver to drive the Vehicle;

(j)  removing the Vehicle from New South Wales without Drive Tribe’s prior written approval (see clause 9.4); or

(k)  any use in breach of the Policy or that would entitle the insurer to refuse or reduce a claim.

9.3  Prohibited Use consequences. If the Guest engages in any Prohibited Use:

(a)  all damage cover and Excess protection ends and the Guest becomes liable for the full amount of any loss of or damage to the Vehicle and all related loss, regardless of fault; and

(b)  a Prohibited Use Fee as set out in the Fees and Charges section is payable, whether or not any damage is visible, as a genuine pre-estimate of Drive Tribe’s loss in protecting its legitimate interests, including inspection and diagnostic costs, accelerated wear, increased mechanical risk, loss of use and diminution in the Vehicle’s value.

9.4  Leaving New South Wales. The Vehicle must not be taken outside New South Wales without Drive Tribe’s prior written approval. If the Guest takes the Vehicle interstate without approval, the Guest is in serious breach, clause 10.5 applies, and the Guest is liable for all recovery, transport and repatriation costs.

10. Insurance and damage cover

10.1  The Vehicle is covered by the Policy. The Guest must comply with all terms, conditions and exclusions of the Policy. A summary of the relevant Policy terms and excesses is set out in or notified under the Fees and Charges section.

10.2  Standard Excess. If the Vehicle is lost or damaged during the Rental Period, the Guest is liable to contribute the Damage Excess applying to the Booking (clause 10.7 and the Fees and Charges section) per incident, subject to this clause 10.

10.3  Theft and tampering. In the case of theft, attempted theft or tampering, the Guest is liable to contribute the Damage Excess applying to the Booking per incident. Where the Vehicle is not recovered, or is recovered but is a total loss, the Guest is liable for the full market value of the Vehicle at the date of loss together with all associated replacement costs (including delivery, registration, statutory charges, fit-out and equipment) and Drive Tribe’s reasonable loss of use of the Vehicle until it is replaced, in each case less any amount actually recovered by Drive Tribe under the Policy.

10.4  Young Driver. Where the Guest is an approved Young Driver, the Young Driver additional excess in the Fees and Charges section applies in addition to the otherwise applicable Excess.

10.5  When the Excess does not protect the Guest. The Excess does not limit the Guest’s liability, and the Guest is liable for the full amount of all loss, damage and related costs (including loss of use, towing, recovery, assessment, repair and diminution in value), where the loss or damage arises from or is connected with any of the following:

(a)  any Prohibited Use (clause 9.2);

(b)  any breach of the driver-eligibility requirements (clause 3), including an unlicensed, suspended, ineligible or unauthorised driver, or any person other than the Guest or an approved Additional Driver driving;

(c)  driving under the influence of alcohol or drugs, or refusing a lawful test;

(d)  use of the wrong fuel, or driving with a known fault or warning indicator;

(e)  damage to the roof, underbody, interior, tyres or wheels caused by wilful, reckless or negligent conduct, or by driving on an unsuitable surface;

(f)  the Vehicle being taken outside New South Wales without approval;

(g)  any conduct that voids, or entitles the insurer to refuse or reduce, a claim under the Policy; or

(h)  the Guest failing to comply with the security or reporting obligations in clauses 11 and 12.

10.6  The Excess applies separately to each incident. Where two or more incidents occur, a separate Excess is payable for each.

10.7  Cover Options. The Damage Excess for the Booking, and the security pre-authorisation held under clause 5, depend on the Vehicle Class and on whether the Guest selects a Cover Option at the time of booking. Cover Options are priced per trip. The amounts are:

A Cover Option must be selected and paid for before the start of the Rental Period and cannot be added or changed once the Rental Period has begun. Cover Options are not available to Young Drivers (clause 3.3). The Cover Option selected, and the resulting Damage Excess, are recorded in Schedule 1 or the Booking confirmation. A Cover Option does not reduce the Young Driver additional excess, and does not apply (so that the Guest remains liable for the full amount of the loss) in any circumstance described in clause 10.5.

11. Your responsibilities — security and condition

11.1  The Guest must keep the Vehicle secure at all times. The Guest must lock the Vehicle and engage any immobiliser or security device whenever it is unattended, must never leave the keys in or with the unattended Vehicle, and must keep the keys and the Vehicle separate and secure. Theft cover may be refused if these obligations are not met.

11.2  The Guest must take reasonable care of the Vehicle, keep it clean, check fluid and tyre levels as needed for safe operation, and not modify, repair or interfere with the Vehicle, its odometer, or any fitted device.

11.3  The Guest acknowledges that the Vehicle is fitted with GPS tracking, telematics and a remote immobilisation device (see clause 16) and must not disable, remove or interfere with that equipment.

11.4  The Guest is responsible for all parking, storage and security of the Vehicle while in the Guest’s possession and for any loss arising from the Guest’s failure to secure it.

12. Accident, theft, breakdown and recovery

12.1  The Guest must report any accident, theft, attempted theft, vandalism, damage, mechanical fault, breakdown or warning indicator to Drive Tribe as soon as possible, and in any event within 24 hours, by calling 0468 011 118 or emailing info@drivetribe.com.au.

12.2  In the case of theft, attempted theft, malicious damage, or any incident involving injury or a third party, the Guest must also report the matter to the Police and obtain a Police event or report number.

12.3  At the scene of any incident, the Guest must not admit fault or liability, must record the details of any other party, vehicle and witnesses, take photographs where safe to do so, and provide Drive Tribe with a full written report and all reasonable assistance with any claim.

12.4  If the Guest becomes aware of any mechanical fault or warning indicator, the Guest must stop driving the Vehicle as soon as it is safe to do so and contact Drive Tribe. The Guest must not continue to drive the Vehicle in a way that may cause or worsen damage, and must not arrange any repair without Drive Tribe’s prior written authority.

12.5  If the Vehicle is recovered, repatriated or relocated as a result of the Guest’s breach, abandonment or an incident, the Guest is liable for all recovery, towing, transport and repatriation costs.

13. Return of the Vehicle and late return

13.1  The Guest must return the Vehicle to the Designated Location at the end of the Rental Period, in the same condition as at pick-up (fair wear and tear excepted), with the same fuel level and all keys, accessories and documents.

13.2  A grace period of 30 minutes applies after the scheduled return time. After the grace period, a late return fee applies for each hour or part hour, at the rate for the Vehicle Class set out in the Fees and Charges section. The Guest must obtain Drive Tribe’s agreement to any extension before the return time.

13.3  If the Vehicle is materially overdue and the Guest cannot be contacted, Drive Tribe may treat the Vehicle as being used without authority and may report it to the Police, locate and recover it using its GPS tracking, prevent it from being re-started under clause 16, and recover all associated costs from the Guest.

13.4  On return, Drive Tribe will inspect the Vehicle. Charges for damage, excess kilometres, fuel, cleaning, tolls, fines and other amounts may be assessed and charged to the Guest’s stored card after return, and the card surcharge in clause 4.6 applies to them.

13.5  Extensions. The Guest may ask to extend the Rental Period by any means, including in person, by phone, by text message, by email or through the Drive Tribe app or website. An extension agreed by Drive Tribe, however it was requested or agreed and whether or not it is in writing (including an extension agreed verbally), forms part of this Agreement: the Rental Period is extended accordingly and every term of this Agreement applies to the extended Rental Period in full, including the fees and charges, the security deposit, the excess and damage cover, the kilometre allowance and the conditions of use, without the Guest needing to sign again. Drive Tribe’s record of the extension, such as a message, a change to the Booking or a note made at the time, is evidence of it.

13.6  Extension charges. An extension is charged as a new rental for the additional period, at the rates for a rental of that length starting from its first day, and not at the daily rate that applies to the later days of the original Rental Period. For example, one additional day on a six-day rental is charged at the one-day rate. Any minimum rental period does not apply to an extension. The kilometre allowance for the additional period is the allowance for a rental of that length, and the card surcharge in clause 4.6 applies where the extension is paid by card.

14. Default, suspension and repossession

14.1  The Guest is in default if the Guest breaches this Agreement, fails to pay any amount when due, provides false information, or if Drive Tribe reasonably suspects fraud, or a trust, safety or policy issue.

14.2  If the Guest is in default, Drive Tribe may (without limiting its other rights) suspend the Booking, refuse to hand over or continue the rental, and take possession of and recover the Vehicle (including by using its GPS tracking and, in accordance with clause 16, by remotely preventing the Vehicle from being re-started) without further notice, and the Guest must allow Drive Tribe to do so. Drive Tribe may recover its costs of doing so from the Guest.

15. Cancellation and changes

15.1  Booking types. At the time of booking the Guest selects either a Flexible booking (clause 15.2 applies), a Saver booking, which is non-refundable, or an Instant Booking, which is non-refundable (clause 15.3 applies to both Saver and Instant Bookings). The booking type is recorded in Schedule 1 or the Booking confirmation.

15.2  Flexible cancellation by the Guest. If the Guest cancels a confirmed Flexible Booking:

(a)  more than 72 hours before the scheduled pick-up time — amounts paid are refunded;

(b)  between 24 and 72 hours before the scheduled pick-up time — amounts paid are refunded, less the cancellation/administration fee in the Fees and Charges section; and

(c)  within 24 hours before the scheduled pick-up time, or if the Guest does not collect the Vehicle (no-show) — no refund is payable.

15.3  Saver and Instant Bookings (non-refundable). A Saver booking is offered at a reduced rate, and an Instant Booking is offered for immediate confirmation, in each case in consideration of the Guest waiving cancellation and refund rights. By selecting a Saver booking or an Instant Booking the Guest acknowledges and agrees that the booking is strictly non-refundable, and that no refund, credit or transfer will be provided if the Guest cancels, amends, fails to collect the Vehicle (no-show), or returns the Vehicle early, for any reason whatsoever, including change of mind, change of plans, or any circumstance personal to the Guest. Instant Bookings are non-refundable under any circumstances. The Guest agrees this term is fair and reasonable and was clearly disclosed before booking. Nothing in this clause limits the Guest’s rights under the Australian Consumer Law where Drive Tribe fails to supply the Vehicle, or affects Drive Tribe’s rights under clauses 15.4 and 15.5.

15.4  Cancellation by Drive Tribe for Guest-related reasons. Drive Tribe may cancel or terminate a Booking at any time, or refuse to hand over the Vehicle, without refund, where it reasonably suspects fraud, a trust or safety issue, a policy violation, unsuitable or unwarranted behaviour, a failed verification, a difference between the Guest’s declaration and the verified details of the kind described in clause 3.6, or any breach of this Agreement. Where a Booking is cancelled under this clause, no refund, credit or transfer is payable regardless of the booking type selected under clause 15.1, and the Guest remains liable for Fees already incurred. Nothing in this clause limits the Guest’s rights under the Australian Consumer Law.

15.5  Cancellation by Drive Tribe for operational reasons. If Drive Tribe cancels a Booking for its own operational reasons (such as the Vehicle becoming unavailable, damaged or unroadworthy through no fault of the Guest), Drive Tribe will, at the Guest’s election, offer a comparable substitute Vehicle if available or provide a full refund of amounts paid for the cancelled Booking. This clause does not limit the Guest’s rights under the Australian Consumer Law.

16. Telematics, GPS monitoring and remote immobilisation

16.1  Each Vehicle is fitted with a GPS tracking, telematics and remote immobilisation device. The Guest consents to Drive Tribe collecting and using location, movement, speed, engine (including RPM), usage and diagnostic data from the Vehicle for the purposes of fleet management, safety, recovery, verifying compliance with this Agreement, theft prevention and insurance.

16.2  Behaviour monitoring. The Guest acknowledges that the device monitors driving behaviour, which may include speed, engine RPM, harsh acceleration and braking, over-revving, and wheel-spin or burnout events (high engine RPM while the Vehicle is stationary or near-stationary). This data may be used as evidence of a breach of clause 9, including a Prohibited Use.

16.3  Automated warnings. Where the data indicates a breach or Prohibited Use, Drive Tribe may send the Guest an automated warning (for example by SMS or email). Continued or repeated breach after a warning is a serious breach of this Agreement.

16.4  Remote immobilisation — safety. Any immobilisation device operates only as a starter interrupt. It can prevent the Vehicle from being started, and only takes effect while the Vehicle is stationary and the engine is off. It cannot and will not stop, slow or disable a Vehicle that is moving. The Guest acknowledges that this is a security and anti-theft measure.

16.5  When Drive Tribe may immobilise. Drive Tribe may remotely prevent the Vehicle from being re-started where: (a) the Vehicle is reported or suspected stolen or is being used without authority; (b) the Guest continues a Prohibited Use after a warning under clause 16.3; or (c) the Guest is otherwise in serious breach of this Agreement. Drive Tribe will not exercise this right in a manner that leaves the Guest stranded in an unsafe location.

16.6  Non-payment (long-term rentals). For Rental Periods of one month or more, if the Guest fails to make a payment when due under clause 17, Drive Tribe may prevent the Vehicle from being re-started, but only after (a) giving the Guest written notice of the overdue amount and a reasonable period of not less than 48 hours to pay, and (b) the Vehicle being stationary and parked in a safe location. This right is in addition to Drive Tribe’s rights under clause 14 and is exercised consistently with the Australian Consumer Law.

16.7  No interference. The Guest must not disable, remove, obstruct, power-down or interfere with any GPS, telematics or immobilisation device. Doing so is a serious breach and clause 10.5 applies.

16.8  Privacy. Drive Tribe collects, holds and uses the Guest’s personal information (including identity, licence and Vehicle-use information) to verify the Guest, manage the Booking, enforce this Agreement, and meet legal and insurance requirements, in accordance with the Privacy Act 1988 (Cth) and Drive Tribe’s privacy practices. Drive Tribe may disclose this information to its insurer, recovery and immobilisation providers, trusted third-party providers, and relevant authorities.

17. Long-term rentals (one month or more)

17.1  Payment. For Rental Periods of one month or more, the rental must at all times be paid in advance on a rolling weekly or monthly basis and must never fall into arrears. For Rental Periods of more than one month, payment must always be maintained at least one month in advance. If any payment is not made when due, Drive Tribe may suspend the rental and recover or immobilise the Vehicle under clauses 14 and 16.

17.2  Servicing. Drive Tribe will generally schedule servicing so that a service does not fall due within the Rental Period. Where an ad-hoc service, inspection or repair is required during the Rental Period, the Guest must, on reasonable notice, deliver the Vehicle to a service centre nominated by Drive Tribe.

17.3  Cost of servicing and repairs. Drive Tribe is responsible for the cost of scheduled servicing and repairs arising from fair wear and tear. The Guest is responsible for the cost of any repair, service or rectification arising from the Guest’s misuse, neglect, damage, Prohibited Use, or breach of this Agreement.

17.4  Faults. The Guest must report any mechanical issue, fault or warning indicator to Drive Tribe immediately and stop driving the Vehicle as required by clause 12.4.

17.5  Routine checks and top-ups. During the Rental Period the Guest must keep the tyres correctly inflated and top up the windscreen washer fluid as part of normal use. The Guest must notify Drive Tribe before topping up engine oil or coolant/radiator water (a low level may indicate a fault), must use only the correct grade or type, and must promptly notify Drive Tribe of any warning light, leak, unusual noise, or recurring need to top up any fluid. Drive Tribe will reimburse the cost of any top-up it authorises.

17.6  Early termination. The Guest may end a Rental Period of one month or more early by giving Drive Tribe at least 30 days’ written notice. The Guest remains liable for the rental charges up to the end of the notice period, and any payment made in advance is applied towards that period. Any amount paid beyond the end of the notice period is refunded, and the security deposit is returned in accordance with clause 5, less any amounts owing. If the Guest returns the Vehicle without giving the required notice, the Guest remains liable for the rental charges for the full 30-day notice period.

18. Liability, indemnity and Australian Consumer Law

18.1  The Guest indemnifies Drive Tribe against all loss, damage, costs, fines, penalties, tolls, claims and liabilities arising from the Guest’s use of the Vehicle, breach of this Agreement, or any negligent, reckless or unlawful act or omission of the Guest, except to the extent caused by Drive Tribe’s own negligence.

18.2  To the maximum extent permitted by law, Drive Tribe is not liable for any indirect or consequential loss, or for loss of or damage to any property left in or with the Vehicle.

18.3  Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded. Where Drive Tribe is liable for a failure to comply with a consumer guarantee that can be limited, its liability is limited, at its option, to resupplying the services or paying the cost of resupply. If any term of this Agreement is or would be an unfair contract term, that term applies only to the extent it is not unfair, and the remainder of this Agreement continues.

19. General

19.1  Notices. Notices must be in writing and sent to info@drivetribe.com.au or to Drive Tribe at PO Box 73, Parramatta NSW 2124, and to the Guest at the email or address in the Booking confirmation.

19.2  Governing law and jurisdiction. This Agreement is governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

19.3  Entire agreement. This Agreement (including its Schedules) is the entire agreement between the parties about its subject matter and supersedes all prior discussions and representations.

19.4  Variation and waiver. A variation of this Agreement must be in writing and signed by or on behalf of Drive Tribe. A failure or delay by Drive Tribe to exercise a right is not a waiver of that right.

19.5  Severance. If any provision of this Agreement is invalid or unenforceable, it is severed to the extent necessary and the remaining provisions continue in force.

19.6  Assignment. The Guest may not assign or transfer any right or obligation under this Agreement. Drive Tribe may assign its rights under this Agreement.

19.7  Electronic acceptance and records. The Guest may enter into and accept this Agreement electronically, including by ticking an acceptance box and/or by completing payment for the Booking. The parties agree, in accordance with the Electronic Transactions Act 2000 (NSW), that electronic acceptance and electronic records of this Agreement are valid, binding and admissible, and that the Guest completing payment for the Booking constitutes the Guest’s acceptance of, and signature to, this Agreement. Drive Tribe may keep electronic records of this Agreement, the Booking and the Guest’s acceptance.

Fees and Charges

All amounts are in Australian dollars and inclusive of GST unless stated otherwise.

Rental rate and payment

The daily rate for each Vehicle is as agreed with the Guest and set out in the Booking confirmation, and is fixed once the Booking is confirmed (clause 4.2). The fees and charges below apply in addition to the rental rate.

Card surcharge (clause 4.6): 2% of any amount charged to a card, including the rental charge where paid by card, any increase to the Booking, and any settlement charge, toll or fine charged to the stored card during or after the Rental Period. Not applied to the security pre-authorisation. Paying the rental charge by cash or bank transfer avoids the surcharge on the rental charge only.

Security, excess and cover

Security pre-authorisation hold (bond) (clause 5): equal to the Damage Excess applying to the Booking, as shown in the Booking confirmation. A hold, not a charge; no card surcharge applies. Released after return, inspection and settlement of any charges owing. The hold by Vehicle Class and Cover Option is:

Damage Excess — Guest liability for any loss or damage (per incident) (clause 10.7): determined by the Vehicle Class and the Cover Option selected, as shown in the Booking confirmation. Cover Options are priced per trip:

Cover Options: must be selected and paid for before the start of the Rental Period; cannot be added or changed once the Rental Period has begun; not available to Young Drivers; do not reduce the Young Driver additional excess.

Theft / tampering — Guest liability (per incident): the Damage Excess applying to the Booking (clause 10.3)

Vehicle not recovered or total loss: full market value of the Vehicle plus all associated replacement costs and Drive Tribe’s reasonable loss of use, less any amount recovered under the Policy (clause 10.3)

Young Driver (20–24) additional excess: $3,000, in addition to the included excess for the Vehicle Class (cannot be reduced by any Cover Option)

Young Driver Cover (drivers 20–24) (clause 3.3): +25% of the daily hire, for each day of the Rental Period; mandatory, added to the Booking automatically and cannot be declined, removed or reduced. Where it has not been charged, Drive Tribe may add it and charge the Guest’s nominated payment card, or cancel the Booking.

Additional driver (one permitted, per trip): Lifestyle and Luxury Classes $60; Performance, Exotic and Supercar Classes $100. Details and licence verification required before driving.

Kilometre allowance

Included kilometres: as set out in the Booking confirmation.

Excess kilometre charge (per kilometre over the allowance, by Vehicle Class), as shown on the Vehicle’s booking page and in the Booking confirmation:

Fuel, return and other fees

Fuel / energy type: petrol Vehicles — 98 RON premium unleaded only; diesel Vehicles — diesel only; electric Vehicles — appropriate compatible charging station only

Refuelling fee (returned below pick-up level): $15 + 125% of the per-litre fuel cost

Misfuelling: full cost of drain, flush, repair, recovery and consequential loss

Late return (after 30-minute grace, per hour or part hour, by Vehicle Class): Lifestyle $100; Luxury $100; Performance $200; Exotic $300; Supercar $500

Excessive cleaning (minimum): $500

Smoking in the Vehicle: $800

Pet in the Vehicle: $500 — except where a pet option has been selected before the trip (available on selected Vehicles only)

Toll administration fee (per Booking, where any toll used): $15 + tolls incurred + toll-operator video-matching / admin fees

Fine / infringement nomination fee (per nomination): $50 (chargeable at any time after the Booking)

Cancellation / administration fee (Flexible, 24–72 hrs before pick-up): $78

Prohibited Use Fee (clause 9.3): $5,000 or 10% of the Vehicle’s market value, whichever is greater — payable whether or not damage is visible

Your acceptance of this Agreement