Terms and Conditions of Hire
*Please note that the bus is monitored and tracked by M-Protekt at all times during the hire period.
* In the event of theft advise the emergency contact (0488 569 380) immediately.
Terms and Conditions of Hire - below: please read before signing.
- The Hirer acknowledges that at the time of the hire that the Bus is clean, in a good serviceable condition, road worthy and full of DIESEL FUEL. The Hirer agrees to return the Bus in a condition similar to which the Bus was in at the time of hire. If in the opinion of the TBCC the Hirer returns the Bus in a dirty condition or has caused excessive wear and tear or damage, then the Hirer agrees to pay for the Bus to be cleaned and restored to its condition as at the commencement of hire. Pre-existing damage, wear and tear is to be noted by the parties before the Hirer takes possession. The Hirer shall be responsible for all charges incurred by the TBCC or the Hirer in respect of the delivery and return of the Bus except when authorized by the TBCC in writing.
- The hirer shall ensure the Bus is full of DIESEL FUEL at the completion of the hire period or agrees to pay the cost of refuelling it.
- The Hirer covenants that all drivers of the Bus are listed as such in this contract, have an appropriate licence to drive the Bus, possess the knowledge and skills to do so safely, and are unaffected by any drugs, medication or impairment.
- The Hirer agrees to make their own insurance arrangements for their personal property against loss or damage for any reason and accepts full responsibility for items carried in or on the Bus and understands that the TBCC will not accept responsibility for any loss or damage to, or caused by the same, regardless of cause.
- The Hirer accepts all liability (including but not limited to public third-party liability) arising from the use of Bus during the period of hire.
- The Hirer agrees to pay the excess in any insurance claim by the TBCC for any loss or damage to the Bus while in the Hirer’s care
- The Hirer and not the TBCC shall be responsible for any loss or theft of or from the Bus howsoever that loss or theft may occur.
- The Hirer agrees to pay upon demand all costs incurred by the TBCC in the recovery of any outstanding amounts due by the Hirer to the TBCC including interest at the rate of 2.5% per month, debt collector’s costs and commission and legal expenses.
“TBCC” means The Tailem Bend Community Centre Incorporated, its employees, agents and representatives.
“Bus” refers to the Toyota small bus, Registration Number S597BRU and all equipment and accessories of the Bus.
“Hirer” is the party contracting with the TBCC to rent the Bus.
“Authorized Driver” is a driver authorized to drive the Bus; this includes the Hirer as well as any additional driver whose name and driving licence number are listed on the front of this Hire Agreement.
“Hire Period” is the period between the Hirer taking possession of the Bus and its return to the TBCC.
“Hire Charge” is the amount detailed on the front page of this Contract of Hire or resulting from the late return of the Bus payable by the Hirer for the hire the Bus.
- The Hirer shall use the Bus in a reasonable and proper manner and shall not overload it.
- It is the Hirer’s responsibility to comply with all laws and regulations regarding the use of the Bus.
- The Hirer represents to the TBCC that the Hirer and all Authorized Drivers have the knowledge, skill and ability required to enable them to carry out the driving of the Bus safely and without incident or accident.
- The Hirer shall report any identified or potential faults with the Bus immediately or as soon as possible to the TBCC and the Hirer or any Authorized Drivers should not use the Bus if there are doubts about its roadworthiness.
- The Hirer certifies that the Hirer as well as all Authorized Drivers are familiar with and competent with respect to:
a. Conducting any necessary operation checks of the Bus prior and after use.
b. Ensuring any added load (including self- installed child restraints http://www.mylicence.sa.gov.au/road-rules/seatbelts-and-child-restraints) is safely secured for travel, during loading and unloading activities, or when parked.
c. The maximum number of passengers (including the driver) allowed for this Bus, being 12.
d. Smoking or the consumption of alcohol or food (except for water) is not permitted on the Bus.
e. Ensuring the Bus is locked at all times when unattended.
f. Acknowledging that only DIESEL FUEL is to be used for the Bus and that its maximum height is 2285 mm.
- Details of any extended periods of hire including overnight and interstate travel including the garaging of the Bus must be provided to TBCC at the time of hire.
- Any trailer attached to the Bus must not exceed a total load weight of 400kg un-braked / 1400 braked (including the weight of the trailer).
- The Hirer must return the Bus to the TBCC at or before the expiration of the Hire Period.
- In the event that the Bus cannot be returned by the return time the Hirer must advise the TBCC before that time and advise the TBCC by calling 0488 569 380 during normal office hours to provide an estimated time of return.
- In the event of the Bus not being returned by the scheduled return time stated on the front page of the Rental Agreement, an additional Hire charge shall be payable at the usual daily rate for that use of the Bus on the basis of a new hiring agreement upon the same terms and conditions are herein contained save and except as to the Hire Period which will commence at the time the Bus was due to be returned and end when the Bus is returned to the TBCC.
- Failure to return the Bus without advising the TBCC of the late return will incur an additional charge (over and above the Hire Charge) until the Bus is returned calculated at a rate of $50.00 per day or part thereof.
- Late returns not advised as above will be considered as a stolen Bus and reported as such.
- The minimum age of the Hirer or any Authorized Drivers is 18years.
- During the Hire Period the Hirer will not:
a. Sell, offer for sale, assign, mortgage, pledge or sub-let the Bus or any interest of the TBCC herein.
b. Part with possession of the Bus except to parties named on this contract.
c. Allow any lien to be created in respect of the Bus for repairs or otherwise.
d. Use the bus in any manner resulting in personal gain, or for profitable enterprise.
- The Hirer is responsible for all traffic or parking offences incurred during the Hire Period. The TBCC reserves the right to charge the Hirer a $25.00 administrative fee per offence.
- Driving on unsealed roads is strongly discouraged by the TBCC but if the Hirer is required to drive on unsealed roads the speed should not exceed 20km/h.
- Driving the Bus on four-wheel drive tracks, beaches, river banks or through more than 10cm of water is not permitted.
- The TBCC will not be liable for any loss or damage sustained because of any defect in the Bus or by any implied representation that the Bus was available for hire in a particular condition.
- In the event of a Bus breaking down the Hirer shall arrange at their own expense to return it to the TBCC. The TBCC will not be responsible for any loss of time or expenditure damage and/or loss incurred by the Hirer arising out of any breakdown or mechanical failure of the Bus.
- The Hirer authorizes the TBCC to charge and debit the Hirer’s credit card with a cleaning fee if required.
- The Hirer will be charged a determined fee if the Bus is returned requiring cleaning - minimum of $25/ maximum of $100.
- The Hirer confirms that the credit card provided is in the Hirer’s own name.
- The Hirer acknowledges and warrants that all information provided by the Hirer is true and accurate and can be relied upon by the TBCC.
- The contract between the TBCC and Hirer comprises the whole agreement and that no collateral or oral statements by the TBCC, staff, employees, agents or representatives or any other person shall form part of the contract.