The following Terms and Conditions of hire are entered into between the cardholder and the person taking possession of the vehicle (hereinafter jointly and severally referred to as "the hirer") and Apex Car Rentals hereinafter referred to as "the owner".
"The owner" will let and "the hirer" will take on hire the vehicle detailed on the Rental Agreement. This and any other vehicle provided is hereinafter referred to as "the vehicle".
Only those persons named as authorised drivers on the Rental Agreement shall be permitted to drive the vehicle(s) supplied under this agreement, and then only if those persons hold a current full (non-probationary) drivers licence appropriate for the vehicle at the time that they are driving the vehicle. The minimum age for drivers is 21 years old.
All rates include GST and standard loss or damage cover (refer to clause 12).
The hire will terminate when the vehicle is returned to an Apex rental location.
The vehicle may not be driven outside the area marked in Fig 1 on the Rental Agreement (and also displayed on this web page). After hours pick up or return is by prior arrangement only. Unauthorised late return will attract a surcharge of $20 per hour (up to 4 hours) and $80 per day thereafter in addition to the daily rate.
Please phone us if you wish to extend the rental, and if this is possible we will always oblige. Vehicle hire charges are non-refundable and non-transferable. In the event that the hirer cancels or voids the agreement, or returns the vehicle earlier than stated in the agreement, no refund applies.
The owner agrees to arrange and the hirer agrees to purchase any additional products and services as detailed on the Rental Agreement.
The hirer is responsible for the total charges relating to the vehicle hire and the correct fitting and use of any accessories. The hirer is absolutely liable for the full replacement cost up to $200 per item in the event that any of these accessories are lost, stolen or damaged.
The hirer agrees to be bound by all of the Terms and Conditions of the rental agreement. The hirer acknowledges that he or she is fully and absolutely liable for any excess owing due to damage of the rental vehicle (see clause 13) irrespective of fault. Refer to clause 14 for optional coverage conditions.
The hirer agrees that he/she has presented the credit card details noted on the Rental Agreement as a bond for the hire and that Apex is irrevocably authorised to charge this credit card for any actual or consequential liability arising out of the Rental Agreement. The cardholder and the hirer are jointly and severally liable under the terms of this agreement.The hirer’s attention is drawn to clauses 12 to 19.
8.1 The hirer must not use or allow the vehicle to be used for the transport of passengers for hire or reward.
8.2 The hirer must not:
8.3 The hirer shall ensure that a copy of this agreement is:
The hirer shall ensure that:
10.1 If any warning light is activated or if the vehicle requires mechanical attention the driver must stop driving and contact either Apex or 24 hour Roadside Assistance.
10.2 The hirer shall not arrange or undertake any repairs or salvage without Apex’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property. Repairs will be approved and reimbursement, where applicable, will be granted provided the hirer was not responsible for the damage. In all cases receipts must be submitted for any repair. Please also refer to the information printed on the Apex additional information sheet supplied with this agreement for procedures relating to tyres and breakdowns.
10.3 If the vehicle becomes unfit to drive due to a breakdown that was not the fault of the hirer, Apex will refund to the hirer the rental charges that relate to the period during which the car could not be used. Apex undertakes to arrange repair or replacement with another Apex vehicle as soon as practicable.
10.4 Apex gives no express warranties in relation to the vehicle. Certain conditions and warranties are imported by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where Apex is permitted to limit its liability under those statutes for breach of any implied condition or warranty, Apex limits its liability to replacement, repair or re-supply of the vehicle. All warranties, conditions and obligations which may otherwise be implied are expressly excluded by this agreement in their entirety.
11.1 In the event of an accident the hirer shall:
11.3 In the event that an accident renders the vehicle unfit to drive, Apex will make no refund for the unused hire period (including optional cover payment if applicable) and the provision of a replacement vehicle shall be at Apex’s sole discretion. Apex shall not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. In the event that Apex decides to offer the hirer an alternative vehicle, the vehicle shall be made available at an Apex branch, not delivered to the accident location. Apex reserves the right to provide the replacement vehicle subject to an increased hirer’s liability and/or to decline to offer optional cover for the replacement vehicle.
12.1 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver named in this agreement is fully indemnified in respect of any liability he or she might have to Apex in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of Apex including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
12.2 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any authorised driver named in this agreement is indemnified to the extent of $2,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle. This indemnity does not apply to any property being transported in the vehicle at the time of the accident.
12.4 The indemnities in clauses 12.1 and 12.2 shall not apply to the amount of the hirer’s liability for damage specified in clause 7.
13.1 The hirer is absolutely liable for any damage up to the amount specified
in clause 7 irrespective of fault.
13.2 The hirer’s liability for damage applies in respect of each separate
accident or incident, not each rental.
14.1 Optional cover reduces the hirer’s liability for damage under clause
13 subject to the following conditions and exclusions.
14.2 In the event that the vehicle is replaced under clause 11.3, Optional
cover is not transferable to the replacement vehicle.
15.1 If the vehicle is returned in an excessively dirty condition that requires
extraordinary cleaning or de-odorising, the hirer is absolutely liable for the full
cost of this cleaning or repair and any consequent loss of use of the vehicle.
16.1 The hirer is responsible for the cost of fuel used during the hire.
16.2 In the event that the vehicle is returned with less than a full tank
a $25 refuelling surcharge applies. The hirer is absolutely liable for the cost
to refuel the vehicle and the refuelling surcharge.
17.1 The hirer shall, at or before the expiry of the term of hire, return
the vehicle (including car keys) to the location specified in clause 4 of the agreement,
or obtain Apex’s consent to the continuation of the hire. Changes to the return
date and time and/or return branch are subject to vehicle availability and may not
always be possible.
17.2 If the vehicle is returned to a different location than that specified
in clause 4 without Apex’s prior consent an additional fee of up to $2000 may be
charged at Apex’s sole discretion.
17.3 Apex shall have the right to terminate the agreement and repossess the
vehicle (and for that purpose enter any premises and remove the vehicle) at any
time, without notification to the hirer, and the hirer will pay reasonable costs
of repossessing the vehicle, including towing charges, in any of the following circumstances:
In the event of such termination or repossession the hirer has no right to a refund
of any part of the rental charges. The termination of the hire under this clause
shall be without prejudice to the other rights of Apex under this agreement or otherwise.
18.1 Apex calculates rental days as the number of consecutive 24-hour periods
starting at the earlier of the time the rental was booked to start or the actual
start time and finishing at the later of time the rental was booked to finish or
the actual finish time. An extra day is charged after allowing a grace period of
1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of unauthorised
18.2 Extensions authorised by Apex are charged at the same daily rate as
the original rental.
18.3 All transactions under this agreement are calculated in Australian dollars.
Due to exchange rate fluctuations and bank charges there may be variance between
amounts charged and amounts refunded to the hirer’s credit card. Apex accepts no
liability for any such variations.
19.1 In the event that Apex receives an Unpaid Toll Notice relating to the
period the vehicle was on hire, an administration fee of $40.00 will be charged
in addition to the toll fee.
19.2 In the event that Apex receives notice of a speeding, parking or other
traffic infringement relating to the period the vehicle was on hire, Apex will complete
a statutory declaration nominating the hirer as the driver of the vehicle and an
administration fee of $40.00 will be charged.
20.1 The hirer releases Apex and its employees and agents from any liability
to the hirer, for any loss or damage incurred by the hirer by reason of rental,
possession or use of the vehicle.
20.2 The hirer hereby indemnifies and shall keep indemnified Apex and its
employees and agents against any claims, demands and expenses (including legal costs)
incurred or sustained by the hirer by reason of the hirer’s use and/or possession
of the vehicle.
20.3 The hirer acknowledges that Apex relies on the truth of the hirer's
representations in this agreement.
21.1 Apex recommends that all people travelling in Australia take out Personal
21.2 In the event that the hirer or any other person leaves any property
with Apex for any reason this is entirely at that person’s own risk and Apex will
not accept any liability for damage or loss for any reason whatsoever.
22.1 Apex is not responsible for pursuing any claims the hirer may have against
third parties for any damage or loss including the hirer’s liability paid to Apex.
Apex will provide an invoice for any amount paid to Apex by the hirer. Apex will
not provide repair quotes, police reports, photographs or any other information
to the hirer or any other party.
22.2 In the event that the hirer believes that their credit card issuer will
cover the hirer’s liability or any other amount due under the terms of this agreement,
the hirer will pay the sum directly to Apex and Apex will provide an invoice for
the sum paid. Apex does not undertake to provide repair quotes, police reports,
photographs or any other information to the hirer or credit card issuer.