Terms of Use

1. INTERPRETING YOUR RENTAL AGREEMENT

The Rental Agreement ("Rental Agreement") between Coveryou Pty Ltd and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle ("Rental Document") , and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:

“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
"Authorised Driver / Joint Renter"means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.

Your spouse; Test

Your employer for a fellow employee, if either is engaged in activities that are incidental to Your business duties.

‘Collection Costs’ means Coveryou Pty Ltd reasonable costs of collecting unpaid rental charges from You (including Coveryou Pty Ltd legal costs) and Coveryou Pty Ltd administration fee of $132.00 (incl GST) and its debt collection agents fee equal to 12% of the unpaid rental charges;

‘Excess Amount’ means the amount shown as Excess Amount on the Rental Agreement.

‘Excess Reduction’ means the product called Excess Reduction that You may purchase before the rental commences to reduce any excess amount payable;

‘Loss Damage Waiver’ means the loss damage waiver described on the Rental Agreement as LDW which reduces Your financial responsibility for loss damage to the Vehicle to the Excess Amount;

‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back windscreens, or damage to the third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;

"Coveryou Pty Ltd "means Coveryou Pty Ltd ABN 14 609 573 024
‘Rental Charges’means the fees, costs, amounts and charges specified on the Rental Agreement.

"Rental Period"means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Rental Car Company Name;
"Substitute Vehicle Insurance"means a poliCoveryou Pty Ltd of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that poliCoveryou Pty Ltd;
"Vehicle" means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Coveryou Pty Ltd;

"You" or "Your"refers to the person(s) with whom the Rental Agreement is made.

2. DRIVER

2.1 You agree, acknowledge and warrant that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner's permit or a provisional licence); and

(c) You and the Authorised Driver are not under 21 years age; and

(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.

3. REFERRAL

You acknowledge that where a person has referred or recommended You to Coveryou Pty Ltd, that person may receive a financial or non-financial benefit from Coveryou Pty Ltd.

4. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE

4.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.

4.2 You and any Authorised Driver must not, unless authorised in writing by Coveryou Pty Ltd, drive or take the Vehicle:
(a) to Kangaroo Island; however, if so authorised, You and any Authorised Driver must not drive the Vehicle between dusk and dawn outside the town limits;

(b) to Fraser Island, Bruny Island, Groote Eylandt, to Gove Peninsula, Tiwi Islands, Stradbroke Islands, Moreton Island, or any island off the coast of Australia;
(c) into or out of the Northern Territory, Tasmania, or to any points in
Western Australia north of Carnarvon;
(d) in Queensland:
(1) on Highway No. 27 beyond Chillagoe in a Westerly direction;
(2) on Highway No. 1 beyond Normanton in a Southerly direction and no further North than Karumba;
(3) if the Vehicle is a passenger vehicle or truck, beyond Cooktown to the North or Lakeland to the West and no further than Cape Tribulation on the Coast Road;

(4) on the Coast Road from Helenvale to Cape Tribulation, or from Laura to Lakeland unless the Vehicle is a Four Wheel Drive;
(e) in the snow (at anytime and anywhere (including Tasmania));

(f) above the snow line in:

(1) in New South Wales (being Jindabyne); or

(2) Victoria (being Bright),

From the beginning of June until the end of September;

(g) on beaches or through streams, dams, rivers or flood waters;

(h) in the Northern Territory:

(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or

(2) outside any town or city limits between dusk and dawn.

(i) in Western Australia:

(1) to any parts North of Carnarvon;

(2) on the Gibb River, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Hollard Track;

(3) beyond 100 kilometres of the Perth city limits between dusk and dawn; or

(4) otherwise, outside any town or city limits between dusk and dawn

outside any city limits between dusk and dawn; or

5. VEHICLE WEAR AND TEAR

5.1 Prior to handing over the Vehicle to You, Our staff will conduct an inspection of the Vehicle and prepare the Rental Form noting the fuel level, km’s and any existing damage to the Vehicle. You are required to take note of the condition of the Vehicle, identify any existing damage and immediately before moving the vehicle from its pickup point notify Coveryou Pty Ltd and provide images stamped with the date and time via email or the Rental Form application.
5.2 Coveryou Pty Ltd’s Wear and Tear Guide sets out what we deem to be acceptable and unacceptable wear and tear.
5.3 Coveryou Pty Ltd’s Wear and Tear Guide can be found at www.coveryou.com.au/wearandtear or can be requested in hard copy.

6. USE OF VEHICLE

6.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment or reward of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods, except in compliance with
all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer's and Coveryou Pty Ltd recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(i) not, without Coveryou Pty Ltd prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
6.2 You must pay for any unauthorised repairs to the Vehicle and for all
parking and traffic infringements in respect of the Vehicle during the
Rental Period.

6.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle.

6.4 You and any Authorised Driver must not drive the Vehicle if Coveryou Pty Ltd has so directed You and any Authorised Driver.

6.5 You and any Authorised Driver or any passenger must not smoke in the Vehicle.

7. MAINTENANCE, SECURITY AND SAFTEY

7.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box or otherwise as required to maintain the Vehicle’s efficient performance;
(b) keep the Vehicle locked and the keys under Your or the Authorised
Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
7.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless Coveryou Pty Ltd authorises You to do so. Coveryou Pty Ltd requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Coveryou Pty Ltd. Coveryou Pty Ltd will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified to the extent that Coveryou Pty Ltd cannot verify the cost of repairs, Coveryou Pty Ltd will not reimburse You.

7.3 You and Coveryou Pty Ltd acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.

8. ACCIDENT DAMAGE, BREAKDOWN AND REPAIR

8.1 You must notify Coveryou Pty Ltd as soon as practicable and in any event within 24 hours:
(a) of any mechanical or structural fault on the Vehicle (including tyres, fluids, belts, hoses and lights) that You become aware of (including as indicated by any illuminated warning lights in the cabin of the Vehicle); or
(b) if the Vehicle is involved in a collision, it is damaged in any way, or if it breaks down.
8.2 In the event of a breakdown of the Vehicle, a 24 hour breakdown assist contact number is located inside the Vehicle at the top of its windscreen on the driver’s side.
8.3 You must not arrange to have the Vehicle towed or transported or arrange or undertake any repair of the Vehicle unless:
(a) it is through the breakdown assist contact number referred to in clause 8.2;
(b) We have authorised You to do so (and We will provide such authorisation if We consider it necessary to prevent further damage to the Vehicle, its theft, or loss by a third party); or
(c) in the case of an emergen Coveryou Pty Ltd and Our consent cannot reasonably be obtained.
8.4 We will not reimburse You for the cost of repair, towing or transport costs unless You have complied with clause 8.3 and You have produced all receipts and information as We may require.
8.5 In the event of a collision in which the Vehicle is damaged, if the other party leaves the accident scene without exchanging names and addresses or appears to be affected by alcohol or drugs, You must also immediately report the accident and damage to the police.

9. VEHICLE RETURN

9.1 You must return the Vehicle to Coveryou Pty Ltd:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 9.4);

(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear (excepted under clause 5);

(c) with a full tank of fuel (or otherwise pay to Coveryou Pty Ltd the cost to refuel the Vehicle).

9.2 You must return the Vehicle to a Coveryou Pty Ltd location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
9.3 If:
(a) You return the Vehicle on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Coveryou Pty Ltd standard rate for the Vehicle for the Rental Period.
9.4 Coveryou Pty Ltd may request the immediate return of the Vehicle, or Coveryou Pty Ltd may re-take the Vehicle without notice, if Coveryou Pty Ltd reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to
occur; or
(c) the Vehicle will be involved in an industrial dispute; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay Coveryou Pty Ltd any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.

9.5 Coveryou Pty Ltd reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement.

10. FUEL

10.1 You agree to return the Vehicle with the same amount of fuel as indicated on the Rental Form at the commencement of the Hire Period.
10.2 Should You fail to do so You agree to pay Coveryou Pty Ltd for the fuel required to return the fuel level to the original fuel level and any refuelling surcharge.
10.3 You must only use fuel prescribed for the Vehicle as identified in the Rental Form.
10.4 You agree to pay all costs of any resulting loss or damage to the Vehicle resulting from the use of incorrect fuel grade or type.

11.LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY

11.1 Subject to this clause 11,and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause 11 does not apply to any damage or loss for which Coveryou Pty Ltd is liable to You under this Rental Agreement.
Remember that references to the "Vehicle" include all of its parts, components, accessories and contents (see the definition of "Vehicle" in clause 1).
11.2 Subject to clause 11.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Vehicle by You or an Authorised Driver, Coveryou Pty Ltd:
(c) waives Your liability under clause 11.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
11.3 You must always pay, and clause 11.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You or an Authorised Driver using, or permitting the Vehicle to be used,
in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.

(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer.

(h) under any circumstances where the Vehicle and its keys are unsecured
11.4 For the purposes of this clause 11, You must pay for any damage or repair that may be reasonably determined by Coveryou Pty Ltd the amount which includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle
at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements
for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the
Vehicle.
If the amount determined by Coveryou Pty Ltd and paid by You under this clause 11.4 exceeds the final cost of the damage or repair, Coveryou Pty Ltd will refund the difference to You.

12. TOLLS, TRAFFIC AND PARKING FINES AND INFRINGEMENTS

12.1 If the Vehicle travels through a toll collection point, You are liable for the applicable amount (which is an Additional Charge) together with an administration fee (which is a Hire Charge) to cover Our cost.
12.2 You are responsible for all traffic and parking fines and infringements (which are Additional Charges) for the duration of the Hire Period. If Coveryou Pty Ltd is notified of a fine or an infringement during or after the Hire Period, Coveryou Pty Ltd will provide necessary details to the notifying authority to nominate You as the driver liable for the infringement. Coveryou Pty Ltd may charge an administration fee (which is a Hire Charge) to cover its costs in providing these details.

13.LIABILITY OF COVERYOU PTY LTD

13.1 Unless it is negligent, Coveryou Pty Ltd is not liable to any person, and You indemnify Coveryou Pty Ltd, for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to Coveryou Pty Ltd.

14. CONSUMER RIGHTS STATEMENT

All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.

Your consumer rights are not excluded, modified, or restricted by this Rental Agreement. You can find out more about your consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.

15. CLAIMS AND PROCEEDINGS

15.1 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to Coveryou Pty Ltd;
(c) not, without Coveryou Pty Ltd written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Coveryou Pty Ltd or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that Coveryou Pty Ltd may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Coveryou Pty Ltd in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Coveryou Pty Ltd;
(f) complete and furnish to Coveryou Pty Ltd within a reasonable time any statement, information or assistance which Coveryou Pty Ltd or its insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.

16. PAYMENT AND CHARGES

16.1 At the end of the Rental Period, You must pay Coveryou Pty Ltd on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by Coveryou Pty Ltd or You to any person arising out of Your use of the Vehicle or imposed on You or Coveryou Pty Ltd by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to Coveryou Pty Ltd under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
16.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
16.3 Distance charges are measured from the Vehicle's odometer.
16.4 You authorise Coveryou Pty Ltd to charge all moneys payable to Coveryou Pty Ltd under the Rental Agreement to Your credit card or charge account.
16.5 Coveryou Pty Ltd will pay any refund due to You by such method as Coveryou Pty Ltd may reasonably choose.

17. TERMINATION OF AGREEMENT

17.1 Our right to terminate
We may immediately terminate the Agreement if We are of the reasonable opinion that:
(a) there has been a Serious Breach;
(b) You have made any admission of liability in respect to the Accident;
(c) You have breached the Agreement (including by failing to cooperate and provide (and procure that the driver and/or owner of the Damaged Vehicle at the time of the Accident provides) all reasonable assistance to Coveryou Pty Ltd in respect to the implementation and conduct of the recovery process), except to the extent such breach is a Serious Breach or is caused by circumstances outside the reasonable control of the Hirer; or
(d) the Hire Charges will not be fully recoverable from the Third Party for any reason whatsoever.
17.2 Your right to terminate
You may immediately terminate the Agreement if We have breached its terms and failed to remedy such breach within twenty (20) working days of receiving notice of such breach from You.
17.3 Consequences
(a) If the Agreement is terminated in accordance with clause 17.1(a), then:
(i) We may take immediate possession of the Vehicle;
(ii) You must pay all costs to replace or rectify the Vehicle to its state and condition as at the commencement of the Hire Period;
(iii) You must pay all reasonable costs for towing, storage and recovery of the Vehicle; and
(iv) any unrecoverable Hire Charges and the Additional Charges will become immediately due and payable by the Hirer to Coveryou Pty Ltd.
(b) If the Agreement is terminated in accordance with clause 17.1(b) or 17.1(c) (other than due to a breach by the Hirer of clause 2.1(b) of the Agreement and Authority to Act), then:
(i) any unrecoverable total Hire Charges (including where the Hirer’s failure to cooperate results in a settlement for a reduced sum with the Third Party); and
(ii) the Additional Charges,
will become immediately due and payable by the Hirer to Coveryou Pty Ltd.
(c) If the Agreement is terminated in accordance with clause 17.1(c) due to a breach by the Hirer of clause 2.1(b) of the Agreement and Authority to Act, then:
(i) the total Hire Charges for any day or days after the repairs were completed or after the Hirer received notification of a total loss settlement; plus
(ii) the Additional Charges,
will become immediately due and payable by the Hirer to Coveryou Pty Ltd.
(d) If the Agreement is terminated in accordance with clause 17.1(d), only the Additional Charges will become immediately due and payable by the Coveryou Pty Ltd.

18 . MISCELLANEOUS

18.1 The Rental Agreement, Agreement & Authority to Act contains the whole agreement between the parties.

18.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.

18.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.

19. PRESUMPTIONS AND INTERPRETATION

19.1 Unless the context otherwise requires:

(a) A word which denotes the singular denotes the plural and vice versa;

(b) Any gender denotes the other genders; and

(c) A person includes an individual, a body corporate and a government body.

19.2 Unless the context otherwise requires, a reference to:

(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;

(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.

20. DISPUTE RESOLUTION

20.1 If You wish to dispute a charge or otherwise make a claim against Coveryou Pty Ltd, You agree to first notify Coveryou Pty Ltd in writing of the nature of the dispute or claim and provide Coveryou Pty Ltd with such particulars and evidence as We reasonably require.
20.2 You agree to discuss and negotiate Your dispute or claim in good faith with Coveryou Pty Ltd, within ten (10) working days of giving Coveryou Pty Ltd notice of Your dispute or claim.

21.PRIVACY STATEMENT AND CONSENT

21.1 Purposes for collecting, disclosing and using Personal Information
(a) Coveryou Pty Ltd may collect, disclose and use the Hirer’s Personal Information for the purposes set out in this clause 21.
(b) Coveryou Pty Ltd collects, discloses and uses the Hirer’s Personal Information in order to provide the Hirer with its accident replacement vehicle services in connection with the Agreement.
(c) Coveryou Pty Ltd may also collect, disclose and use the Hirer’s Personal Information in connection with the Agreement for the following purposes:
(i) to assess and process the Hirer’s application for an accident replacement vehicle;
(ii) to facilitate claims on the Hirer’s behalf for the costs of Coveryou Pty Ltd’s services with the Third Party (including by disclosing the Hirer’s Personal Information to such persons);
(iii) to execute instructions;
(iv) to manage Coveryou Pty Ltd’s relationship with the Hirer (whether online or in person);
(v) to comply with legislative or regulatory requirements;
(vi) to identify the Hirer; and
(vii) for any internal processes including claims assessments, product development, strategic planning, risk management and pricing.
(d) Coveryou Pty Ltd may also collect, disclose and use the Hirer’s Personal Information (unless the Hirer tells Coveryou Pty Ltd not to) to identify or contact the Hirer to discuss other products and services that could be of interest to the Hirer or the company it represents.
(e) The Hirer acknowledges that if it does not provide Coveryou Pty Ltd with its Personal Information, Coveryou Pty Ltd may be unable to provide the Hirer with its services or deal with any insurer on the Hirer’s behalf.
21.2 Providing information about another person
When the Hirer gives Coveryou Pty Ltd Personal Information about another person, other than the Third Party:
(a) the Hirer represents that they are authorised to do so; and
(b) the Hirer agrees to inform the person that Coveryou Pty Ltd has collected their Personal Information as part of this Agreement and of the contents of this clause 21.
21.3 Persons with whom Personal Information is disclosed
(a) Coveryou Pty Ltd may disclose the Agreement or the Hirer’s Personal Information with any relevant insurer(s) in order to facilitate a claim on the Hirer’s behalf for the costs associated with hiring an accident replacement vehicle from Coveryou Pty Ltd.
(b) Coveryou Pty Ltd may also disclose the Hirer’s Personal Information to:
(i) Coveryou Pty Ltd’s related bodies corporate, agents, contractors, service providers or external advisers;
(ii) any other persons related to the Accident (including the police);
(iii) insurers, reinsurers, loss adjusters, assessors and underwriters;
(iv) any organisation responsible for the processing of traffic related infringements or road tolls, to the extent that these fees apply to the Vehicle;
(v) investigators;
(vi) any person Coveryou Pty Ltd considers necessary to execute the Hirer’s instructions;
(vii) any person who is considering whether to acquire or who has acquired any part of Coveryou Pty Ltd’s business, or the rights or obligations under the Agreement;
(viii) law enforcement, regulatory and government bodies as permitted or required by law in Australia or overseas; and
(ix) overseas recipients who provide services and products to Coveryou Pty Ltd and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which the Hirer’s information may be transmitted from time to time, but the Hirer’s Personal Information may be transmitted between Australia, the United Kingdom, the Philippines, India and other countries.
(c) Coveryou Pty Ltd may also disclose the Hirer’s Personal Information (unless the Hirer tells Coveryou Pty Ltd not to) to any other persons (including Coveryou Pty Ltd’s related bodies corporate, agents, contractors, service providers, external advisers and third parties) to identify or contact the Hirer to discuss other products and services that could be of interest to the Hirer or the company it represents.
(d) The Hirer acknowledges that:
(i) it consents to Coveryou Pty Ltd collecting, disclosing and using the Hirer’s Personal Information for the purposes set out in this clause 21; and
(ii) if Coveryou Pty Ltd discloses the Hirer’s Personal Information to any other person for the purposes set out in this clause 21, Coveryou Pty Ltd will, to the extent permitted by law, not be accountable under the Privacy Act 1988 (Cth) for any misuse, interference or loss or unauthorised access, modification or disclosure of the Personal Information by that other person.
21.4 Hirer’s rights
(a) The Hirer has the right to:
(i) request access and corrections to its Personal Information held by Coveryou Pty Ltd; and
(ii) make a complaint about the way in which Coveryou Pty Ltd has managed the Personal Information.
(b) Coveryou Pty Ltd’s Privacy Policy sets out how to make an access request or complaint, and how such requests or complaints are handled.
(c) Coveryou Pty Ltd’s Privacy Policy can be found at https://coveryou.com.au/privacy or can be requested in hard copy.
(d) The Hirer may also gain access to, seek correction of, or to complain about the handling of Personal Information that Coveryou Pty Ltd holds about the Hirer by contacting Coveryou Pty Ltd’s Privacy Officer at:
Privacy Officer,

Coveryou Pty Ltd
Tower 1, Level 8, 1341 Dandenong Road
Chadstone VIC 3148, Australia
or by email to: privacyofficer@coveryou.com.au

AGREEMENT AND AUTHORITY TO ACT

Parties
Between Coveryou Pty Ltd ACN 609 573 02 of Tower 1, Level 1, 1341 Dandenong Road, Chadstone VIC 3148 (Coveryou Pty Ltd) and the hirer (Hirer).

BACKGROUND

The Accident was a result of the negligence of the Third Party and the Hirer is seeking to recover the costs of a replacement vehicle for the period the Damaged Vehicle was unavailable for their use. The Hirer is aware that they are entitled to hire a replacement vehicle and expects to be reimbursed in full for the replacement vehicle costs. The Hirer authorises Coveryou Pty Ltd, its nominated management service, debt recovery agents and legal representatives to recover these costs on their behalf and the Hirer requires all monies owed in relation to this car hire to be paid to Coveryou Pty Ltd.

1. DEFINITIONS

Unless the context requires otherwise, capitalised words in this Agreement and Authority to Act have the meaning given to them in clause 1 (Definitions) of the terms & conditions of use accompanying this Agreement and Authority to Act.

2. NATIONAL CONSUMER CREDIT CODE AND FINANCIAL SERVICES

The Agreement is not regulated by the National Consumer Credit Protection Act 2009 (Cth) (including the National Credit Code at Schedule 1) or Chapter 7 of the Corporations Act 2001 (Cth). It deals with the Hirer’s obligations with respect to the Vehicle issued as a result of a road traffic incident, including to appoint Coveryou Pty Ltd to recover the Hire Charges from the Third Party in accordance with the Hirer’s common law rights. The parties acknowledge and agree that Coveryou Pty Ltd will not be providing the Hirer any claims handling and settling services for insurance products. The Hirer should read the Agreement, and all accompanying documentation, carefully before signing.

3. RECOVERY OF HIRE CHARGES

3.1 HIRE CHARGES
(a) The Hirer agrees to cooperate and provide (and procure that the driver and/or owner of the Damaged Vehicle at the time of the Accident provides) all reasonable assistance to Coveryou Pty Ltd and its nominated management service, debt recovery agents and legal representatives in recovering the Hire Charges from the Third Party, to act in the best interests of Coveryou Pty Ltd and not in any way delay or hold up the timely recovery of the Hire Charges.
(b) Subject to clause 16 (Termination of Agreement) of the Terms & Conditions of Coveryou Pty Ltde and on the condition that the Hirer fulfils their obligations under the Agreement (including under clause 2), upon recovery of the Hire Charges from the Third Party by Coveryou Pty Ltd the Hirer will be released from liability for the Hire Charges, except for the Additional Charges for which the Hirer shall remain liable. The parties acknowledge and agree that this release shall constitute sufficient consideration for the obligations of the Hirer under this Agreement and Authority to Act.
(c) The parties acknowledge that, as at the date of the Agreement, the Hire Charges are only estimated because the Hirer is unable to advise the duration of the repairs to or the replacement of the Damaged Vehicle. The final Hire Charges will not be known until expiry of the Hire Period.

3.2 AUTHORISATION
The Hirer authorises Coveryou Pty Ltd, its nominated management service, debt recovery agents and legal representatives to:
(a) act on the Hirer’s behalf in respect of the recovery of the Hire Charges from the Third Party;
(b) ask for any documents that may be required from the repairer of the Damaged Vehicle to enable prompt settlement of the Hire Charges;
(c) receive monies and bank relevant cheques made payable to the Hirer into Coveryou Pty Ltd’s account or any other account nominated by Coveryou Pty Ltd; and
(d) utilise and apply any monies or relevant cheques received in settlement or payment of the Hirer’s claim against the Third Party to discharge any outstanding Hire Charges owed by the Hirer to Coveryou Pty Ltd, subject to Coveryou Pty Ltd accounting to the Hirer for any surplus.

3.3 APPOINTMENT
The Hirer irrevocably appoints Coveryou Pty Ltd, its nominated management service, debt recovery agents and legal representatives as the Hirer’s agents, representatives and duly authorised attorneys, to recover the Hire Charges by whatever means necessary.

3.4 RECOVERY PROCESS
(a) The Hirer understands and accepts that Coveryou Pty Ltd may refer the matter to its nominated legal representatives on behalf of the Hirer in recovering the Hire Charges and the Hirer agrees to provide any reasonable assistance requested by Coveryou Pty Ltd in respect of such recovery process, which the Hirer acknowledges may require the Hirer to (amongst other things):
(i) sign any certificate pursuant to the Civil Procedure Act 2010 (Vic) or equivalent legislation;
(ii) provide statements and documents; and
(iii) assist with legal proceedings, which may include attending a lawyer’s office or appearing in court as a witness or to give evidence (upon reasonable notice to do so).
(b) Coveryou Pty Ltd indemnifies the Hirer for all costs and disbursements incurred by the legal representatives in the recovery process, provided that:
(i) the Hirer has complied with the terms of the Agreement; and
(ii) all warranties given by the Hirer in the Agreement are true and correct.

4. HIRER’S OBLIGATIONS

4.1 INFORMATION
The Hirer agrees to:
(a) provide to Coveryou Pty Ltd all documentation required for Coveryou Pty Ltd to claim the Hire Charges on the Hirer’s behalf (including the Hirer’s driver’s licence and the driver’s licence of the person driving the Damaged Vehicle at the time of the Accident); and
(b) be open and frank with Coveryou Pty Ltd and not provide any information to Coveryou Pty Ltd or the Third Party which is untrue or misleading or has the potential to mislead.

4.2 CLAIM AND SETTLEMENT

The Hirer agrees to:
(a) lodge a claim with the Hirer’s insurer (if applicable) or the Third Party as soon as practicable after the Accident, regularly follow up the claim, assessment and repair process and provide Coveryou Pty Ltd with such information as Coveryou Pty Ltd reasonably requires;
(b) notify Coveryou Pty Ltd of any pending insurer settlement and to contact Coveryou Pty Ltd prior to signing any release, deed of release, settlement or similar document; and
(c) not release or purport to release (by signing a form of release or otherwise) the Third Party from any of the Hirer’s rights and entitlements in respect to the Accident.

4.3 DAMAGED VEHICLE
(a) The Hirer agrees to promptly notify Coveryou Pty Ltd if the Damaged Vehicle is moved from one location or repairer to another location or repairer.
(b) The Hirer agrees to promptly notify Coveryou Pty Ltd and arrange for collection of the Vehicle after receiving:
(i) notice that the repairs to the Damaged Vehicle have been completed; or
(ii) a total loss settlement in respect of the Damaged Vehicle,
and if the Hirer does not notify Coveryou Pty Ltd within the period required (which the Hirer acknowledges and agrees is usually within three (3) working days), the Hirer may be liable for the Hire Charges incurred thereafter.
(c) The Hirer acknowledges that:
(i) Coveryou Pty Ltd is an independent company and does not represent any insurer or repairer; and
(ii) Coveryou Pty Ltd does not organise or coordinate nor is it liable or responsible for the repair, storage, movement or disposal of the Damaged Vehicle (which is the sole responsibility of the owner of the Damaged Vehicle).

4.4 GST
If the Damaged Vehicle is registered for business use or the Hirer is registered for GST and may claim an Input Tax Credit for the GST component of the Hire Charges, then the Hirer is liable for and must pay the GST component of the Hire Charges to Coveryou Pty Ltd and then claim it back in the Hirer’s next BAS.

5. WARRANTIES

5.1 GENERAL
The Hirer warrants to Coveryou Pty Ltd that:
(a) the Accident was a result of the negligence of the Third Party;
(b) to the best of the Hirer’s knowledge, the information the Hirer has provided to Coveryou Pty Ltd in connection with this Agreement (including in relation to the Damaged Vehicle and the Accident) is true, complete and correct;
(c) at the time of the Accident, the Damaged Vehicle was registered, the Hirer regularly drove the Damaged Vehicle and the Hirer held a valid and current Australian Driver Provisional (P2) licence for the class of the Damaged Vehicle;
(d) the Hirer has suffered physical inconvenience and loss of amenity of use as a result of the Damaged Vehicle being unavailable for their use; and
(e) the Hirer has not relied on any promise, representation, inducement or conduct material to the entry by the Hirer into the Agreement other than as expressly set out in the Agreement with respect to any aspect of the hire, the Hire Charges or recovery process.

5.2 RIDESHARE VEHICLES
The Hirer warrants to Coveryou Pty Ltd that:
(a) the Hirer has informed Coveryou Pty Ltd that the Damaged Vehicle was used either exclusively or in part for rideshare purposes (if applicable) and that the Hirer intends to use the Vehicle for similar purposes; and
(b) the Hirer understands that it is the Hirer’s responsibility to insurer the rental vehicle for rideshare, register the Vehicle as a commercial passenger vehicle and pay any applicable fee before using the Vehicle for rideshare purposes.

5.3 RELIANCE
The Hirer acknowledges that it is aware that Coveryou Pty Ltd is relying on the warranties given by the Hirer in the Agreement (including the warranties in clauses 5.1 and 5.2) in agreeing to provide the Vehicle to the Hirer on credit and otherwise in agreeing to the obligations in the Agreement and in committing to the recovery process.

6. ACKNOWLEDGEMENT, AGREEMENT AND AUTHORISATION

By signing below, the Hirer and Coveryou Pty Ltd acknowledge and agree that they have each read, understood and agree to the terms set out in the Agreement.
Without limiting the forgoing, by signing this Agreement and the Authority to Act the Hirer:

Declares and confirms to the best of its knowledge, that the information it has provided to Coveryou Pty Ltd in connection with the Agreement (including in relation to the Damaged Vehicle and the Accident) is true, complete and correct.

Authorises Coveryou Pty Ltd, its management service, nominated debt recovery agents and legal representatives to recover all Hire Charges on their behalf and, requires all monies owed in relation to this car hire to be paid to Coveryou Pty Ltd, on the terms and conditions of this Agreement and Authority to Act.

Agrees to provide the Hirer’s credit card details to Coveryou Pty Ltd prior to the commencement of the Hire Period and the Hirer authorises Coveryou Pty Ltd to pay the Hire Charges and any Additional Charges payable by the Hirer by debiting such amount from the card.; and

Agrees the Hirer is liable for and must pay the GST component of the Hire Charges to Coveryou Pty Ltd and then claim it back in the Hirer’s next BAS if the Damaged Vehicle is registered for business use or the Hirer is registered for GST and may claim an Input Tax Credit for the GST component of the Hire Charges.