Master Terms and Conditions
YOUR A & A INVESTING PTY LTD ABN 89 634 390 551 trading as RoadGo
Trading Address: Unit 1, 38 Barndioota Road, Salisbury Plains SA 5109
Telephone: 0422 309 212 | Email: info@test2.rezviy-bot.ru
Effective Date: [Insert Date]
This Agreement is between YOUR A & A INVESTING PTY LTD ABN 89 634 390 551 trading as RoadGo (RoadGo) and the person or entity identified in the Rental Document as the Renter.
This Agreement applies to every rental unless RoadGo agrees otherwise in writing.
1.1 These Terms and Conditions govern the rental of Vehicles by RoadGo to the Renter.
1.2 The Rental Agreement consists of the Rental Document, these Terms and Conditions, the Pricing Schedule, Vehicle Condition Report, Credit Card Authority, Tolling Services Annexure, any Corporate Account documentation, any online booking acceptance and any document incorporated into this Agreement.
1.3 By signing the Rental Document, clicking an online acceptance button, making payment, or accepting possession of the Vehicle, the Renter agrees to be bound by this Agreement.
Additional Driver means a driver authorised by RoadGo and recorded in the Rental Document.
Authorised Driver means the Renter and any Additional Driver.
Business Account Customer means a corporation, partnership, sole trader or other business entity approved by RoadGo.
Damage means any loss, theft, destruction, deterioration or impairment affecting the Vehicle.
Loss includes loss, damage, liability, expense, cost, claim, demand, legal expense and administrative expense.
Rental Document means the document or online record containing the specific booking and rental details.
Rental Period means the period commencing when the Vehicle is collected and ending when it is returned and accepted by RoadGo.
Security Bond means the amount specified in this Agreement or the Rental Document.
Standard Damage Excess means $7000.00 per incident unless another amount is specified in the Rental Document.
Vehicle means the vehicle described in the Rental Document together with all accessories, keys and equipment.
3.1 Headings are for convenience only and do not affect interpretation.
3.2 References to legislation include amendments and replacements.
3.3 Where there is inconsistency between these Terms and Conditions and the Rental Document, the Rental Document prevails to the extent of the inconsistency.
4.1 The Rental Agreement is entered into between RoadGo and the Renter.
4.2 Vehicles may be owned by RoadGo, related entities, financiers or approved vehicle owners.
4.3 Regardless of vehicle ownership, all contractual rights and obligations are solely between the Renter and RoadGo.
4.4 No ownership rights pass to the Renter.
5.1 Bookings may be made directly through RoadGo, travel agents, referral partners or online booking platforms.
5.2 Regardless of booking method, the Rental Agreement is between the Renter and RoadGo unless expressly stated otherwise.
6.1 RoadGo may establish commercial fleet accounts for approved business customers and provide discounted rates, monthly invoicing and credit facilities.
6.2 Business Account Customers remain liable for all rentals, charges, damage, tolls, fines and obligations incurred by their authorised users.
7.1 Drivers must be at least 21 years of age and hold a current unrestricted driver licence.
7.2 Learner licence holders are prohibited.
7.3 Provisional and P-plate licence holders are prohibited.
7.4 International licences are accepted if valid and written in English or accompanied by an official translation or international driving permit.
7.5 RoadGo may refuse to release a Vehicle where identity, licence status or payment verification is not satisfactory.
8.1 The Renter is responsible for ensuring compliance with all child restraint laws applicable in the jurisdiction where the Vehicle is driven.
8.2 RoadGo accepts no responsibility for installation, suitability or use of child restraints supplied by the Renter.
9.1 A maximum of two authorised drivers are permitted unless RoadGo approves otherwise in writing.
9.2 Additional driver fee: $5.50 per day.
9.3 The Renter remains responsible for all acts and omissions of all Authorised Drivers.
10.1 The Renter warrants that all Authorised Drivers are legally entitled, competent and medically fit to drive.
10.2 The Renter must immediately notify RoadGo if any Authorised Driver becomes unfit or unauthorised to drive.
11.1 Security Bond: $400.00 unless another amount is specified in the Rental Document.
11.2 Debit cards and credit cards are accepted at RoadGo’s discretion.
11.3 RoadGo may apply the Security Bond to any amount payable under the Agreement.
11.4 Bond release is ordinarily within 2 to 5 business days after return of the Vehicle, subject to outstanding investigations, tolls, infringements, damage, fees or claims.
11.5 The Security Bond does not limit the Renter’s liability under this Agreement.
12.1 The Renter authorises RoadGo to charge any payment card provided for any amount payable under this Agreement exceeding the Security Bond, including damage excess, repair costs, toll charges, infringement fees, cleaning charges, smoking or vaping fees, roadside assistance charges, recovery costs, unpaid rental charges, fuel charges and any other amount payable.
12.2 This authority survives expiry or termination of the Rental Agreement.
13.1 The Renter authorises RoadGo to charge any payment card provided for all amounts payable under this Agreement.
13.2 The Renter warrants that they are authorised to use the nominated payment card.
13.3 The Renter must ensure sufficient funds are available for all authorised charges.
14.1 The Renter must pay all rental charges specified in the Rental Document.
14.2 Rental charges may include daily rental charges, additional driver fees, excess kilometre charges, fuel charges, toll charges, administration fees, cleaning charges, relocation charges, roadside assistance charges and any other amount payable under this Agreement.
14.3 All fees and charges include GST except excess kilometre charges, which are quoted exclusive of GST unless stated otherwise.
15.1 Vehicles are available for collection from the trading address or any other location approved by RoadGo.
15.2 Prior to collection, the Renter must present a valid driver licence, provide identification reasonably requested by RoadGo, pay the Security Bond and complete any required documentation.
15.3 The Vehicle Condition Report forms part of this Agreement.
16.1 The Renter acknowledges that the Vehicle has been inspected before collection.
16.2 The Renter accepts the Vehicle in its recorded condition unless any discrepancy is reported before leaving the collection location.
16.3 RoadGo may rely on photographs, video, inspection notes and the Vehicle Condition Report.
17.1 The Vehicle must be returned to the agreed return location, on or before the agreed return date and time, and with all keys and accessories supplied.
17.2 The standard return location is the trading address unless otherwise agreed.
17.3 The Vehicle remains the responsibility of the Renter until accepted by RoadGo.
18.1 If the Vehicle is returned after the agreed return time, RoadGo may charge a late return fee of $44.00.
18.2 Additional rental charges may also apply.
18.3 If the Vehicle is not returned and RoadGo is unable to contact the Renter, RoadGo may report the Vehicle as overdue or stolen.
19.1 If the Vehicle is returned earlier than agreed, any refund request will be assessed by RoadGo on a case-by-case basis.
19.2 RoadGo may consider notice provided by the Renter, rental duration, operational costs and availability of replacement bookings.
19.3 No refund is guaranteed.
20.1 Where the Renter cancels a booking at least 24 hours before the scheduled collection time, a full refund will be provided.
20.2 Where less than 24 hours notice is provided, RoadGo may retain reasonable administrative costs and booking fees.
20.3 Failure to collect the Vehicle without notice may be treated as a no-show booking.
21.1 Vehicles are ordinarily required to be returned to the agreed return location.
21.2 If the Renter wishes to return the Vehicle to a different location, RoadGo must be notified in advance.
21.3 Minimum notice required: rentals of two days or less – 12 hours; rentals exceeding two days – 24 hours.
21.4 Approval is at RoadGo’s discretion.
21.5 A relocation fee applies consisting of $55.00 plus $2.20 per kilometre from the approved return location.
22.1 The Vehicle will be supplied with the fuel level recorded in the Rental Document.
22.2 The Vehicle must be returned with the same fuel level.
22.3 If returned with less fuel, RoadGo may charge the cost of replacement fuel and a reasonable administration fee.
22.4 The Renter is responsible for all costs arising from incorrect fuel use, including towing, repairs, replacement parts and loss of revenue.
23.1 The rental includes 150 kilometres per rental day unless otherwise specified.
23.2 Additional kilometres will be charged at the rate specified in the Rental Document.
23.3 Additional kilometre charges are exclusive of GST unless stated otherwise.
23.4 RoadGo may rely upon odometer readings and telematics when calculating distance travelled.
24.1 The Renter must take all reasonable care of the Vehicle.
24.2 The Renter must keep the Vehicle secure, lock it when unattended, secure windows and openings, use the Vehicle responsibly and comply with all road laws.
24.3 The Renter must immediately cease driving if any warning light, fault, damage or mechanical issue becomes apparent.
25.1 The Renter must operate the Vehicle in accordance with manufacturer recommendations and accepted driving practices.
25.2 The Renter remains liable for damage arising from misuse, abuse, neglect or improper operation of the Vehicle.
26.1 The Vehicle must not be used by an unauthorised driver, by a learner or provisional licence holder, while under the influence of alcohol or drugs, for racing or speed testing, for any unlawful purpose, to carry dangerous goods, to carry passengers or goods for reward, on beaches, race tracks or closed roads, outside Australia, or in a reckless, dangerous or negligent manner.
26.2 Rideshare, food delivery, courier and passenger transport services for reward are prohibited unless RoadGo gives prior written approval.
26.3 Any breach of this clause constitutes a material breach.
27.1 Unless approved in writing by RoadGo, the Vehicle must not be driven on beaches, through flood waters, rivers or creeks, on mining roads, on roads closed by authorities, on islands requiring sea transport, or on unsealed roads unsuitable for the Vehicle type.
27.2 Any breach constitutes a material breach and may remove excess protection.
28.1 Interstate travel within Australia is permitted.
28.2 The Vehicle must not be taken outside Australia.
28.3 The Renter remains responsible for recovery or transport costs if the Vehicle becomes disabled outside South Australia due to the Renter’s act or omission.
29.1 The Renter must immediately notify RoadGo of any accident, collision, theft, vandalism, fire, flood damage or event likely to result in a claim.
29.2 Emergency contact number: 0422 309 212.
29.3 The Renter must provide all information reasonably requested by RoadGo and complete RoadGo’s Accident Report Form.
30.1 Theft, attempted theft, vandalism and criminal damage must be reported to police immediately.
30.2 The Renter must obtain a police report number and details of the attending officer if available.
30.3 Copies of police reports must be provided to RoadGo upon request.
31.1 The Renter must take reasonable steps to prevent further damage, exchange details with third parties, obtain witness details where available, and cooperate with RoadGo and insurers.
31.2 The Renter must not admit liability, negotiate settlements or abandon the Vehicle without reasonable cause.
32.1 The Renter is liable for loss or damage caused by breach of this Agreement, negligence, intentional acts, unauthorised use or prohibited use.
32.2 RoadGo may recover repair costs, towing costs, storage costs, assessor fees, recovery expenses and reasonable administration costs.
32.3 RoadGo will not recover more than its actual loss or a genuine pre-estimate of loss except where otherwise permitted by law.
33.1 Subject to this Agreement, the Renter’s liability for accidental loss of or damage to the Vehicle is limited to the Standard Damage Excess of $7000.00 per incident.
33.2 The Standard Damage Excess applies separately to each accident, occurrence or claim.
33.3 The Standard Damage Excess does not apply where the Vehicle is driven by an unauthorised driver, the driver is under the influence of alcohol or drugs, the Vehicle is used in breach of this Agreement, the Vehicle is used for rideshare or delivery services, false information is provided, or the loss arises from reckless, dangerous or intentional conduct.
33.4 Where clause 33.3 applies, RoadGo may recover its full loss to the extent permitted by law.
34.1 Where an insurance claim arises, RoadGo may charge an administration fee of $110.00 per claim.
35.1 Windscreen, tyre and wheel damage forms part of the Standard Damage Excess unless caused by prohibited, reckless or unauthorised use.
36.1 Damage to the underbody, roof, overhead components or upper body of the Vehicle is excluded from the limitation of liability provided by the Standard Damage Excess.
36.2 This includes damage caused by low clearances, bridges, car parks, awnings, trees, kerbs, rough roads or similar events.
37.1 Damage caused by driving through floodwaters, rivers, creeks, water crossings or water-affected roads is excluded from the Standard Damage Excess limitation.
37.2 RoadGo may recover its full loss arising from such damage.
38.1 Where the Vehicle is declared a total loss, RoadGo may recover the market value of the Vehicle immediately before the loss less any salvage value.
38.2 RoadGo must take reasonable steps to mitigate its loss.
39.1 Where the Vehicle is unavailable for rental due to damage caused by the Renter, RoadGo may recover actual loss of revenue suffered during the reasonable repair period.
39.2 RoadGo will take reasonable steps to mitigate any loss of revenue.
40.1 The Renter must immediately notify RoadGo and police upon becoming aware that the Vehicle has been stolen or unlawfully taken.
40.2 Failure to promptly report theft may result in additional liability.
41.1 The Renter is responsible for all costs associated with lost, stolen or damaged keys, including replacement keys, locksmith charges, transport or recovery costs and electronic reprogramming costs.
42.1 RoadGo may arrange roadside assistance where required.
42.2 Roadside assistance may be available for flat batteries, flat tyres and running out of fuel.
42.3 Where roadside assistance is required due to the Renter’s act or omission, RoadGo may charge a call-out fee commencing from $220.00.
42.4 Additional charges may apply depending on distance, time of attendance and nature of the incident.
43.1 RoadGo may recover possession of the Vehicle without notice where RoadGo reasonably believes this Agreement has been breached, the Vehicle is overdue, the Vehicle is at risk or the Vehicle has been abandoned.
43.2 The Renter is responsible for all reasonable recovery and repossession costs.
44.1 Where the Vehicle is left at a location other than the agreed return location without approval, the Renter is responsible for all recovery and transport costs.
45.1 The Renter must immediately notify RoadGo if the Vehicle suffers a mechanical fault.
45.2 The Renter must follow any reasonable directions given by RoadGo regarding repair, towing or replacement.
45.3 The Renter must not authorise repairs exceeding $100.00 without RoadGo’s prior approval.
46.1 Any assistance, advice or accommodation provided by RoadGo following an accident, breakdown or incident does not constitute a waiver of RoadGo’s rights.
46.2 RoadGo retains all rights to recover loss in accordance with this Agreement and applicable law.
47.1 The Renter is responsible for all toll charges incurred during the Rental Period.
47.2 The Renter authorises RoadGo to obtain toll information from toll operators and recover toll charges together with any applicable administration fee.
47.3 Toll administration fee: $5.50 per toll event.
48.1 The Renter is responsible for speeding offences, parking fines, traffic offences, towing charges, impoundment fees and other penalties incurred during the Rental Period.
48.2 RoadGo may nominate the Renter to the relevant authority.
48.3 RoadGo may charge an administration fee of $55.00 per infringement.
49.1 The Vehicle must be returned in a reasonably clean condition.
49.2 RoadGo may charge cleaning fees where excessive cleaning is required.
49.3 Cleaning charges commence from $150.00.
50.1 Smoking and vaping are prohibited in the Vehicle.
50.2 A smoking or vaping fee of $350.00 may be charged where evidence of smoking or vaping is found.
50.3 RoadGo may also recover deodorising costs, specialist cleaning costs and loss of revenue caused by Vehicle downtime.
51.1 Pets are permitted in RoadGo Vehicles provided the Vehicle is returned clean and undamaged.
51.2 The Renter is responsible for any cleaning, deodorising, repair, detailing or loss of revenue costs arising from pets.
52.1 The Renter is liable for all specialist cleaning, decontamination, repair and loss of revenue costs arising from illegal drug use, storage or contamination of the Vehicle.
53.1 The Vehicle may be fitted with GPS tracking, telematics systems, dash cameras or similar technology.
53.2 RoadGo may use such information to locate Vehicles, recover stolen Vehicles, investigate incidents, verify kilometres travelled and ensure compliance with this Agreement.
54.1 RoadGo may rely upon photographs, videos, dashcam footage, GPS data, telematics information, inspection reports and repair reports for the purpose of determining liability, loss and compliance with this Agreement.
55.1 RoadGo collects personal information for purposes including processing bookings, verifying identity, verifying driving credentials, processing payments, administering tolls and infringements, investigating incidents, debt recovery and legal compliance.
55.2 RoadGo may disclose personal information to insurers, debt recovery providers, roadside assistance providers, toll operators, law enforcement agencies, related entities and service providers.
55.3 Personal information will be managed in accordance with RoadGo’s Privacy Policy and Privacy Collection Notice.
56.1 RoadGo is not responsible for personal property left in the Vehicle unless the loss arises directly from RoadGo’s negligence.
56.2 Personal property remaining in the Vehicle may be removed, stored or disposed of by RoadGo after a reasonable period.
57.1 RoadGo may approve Business Account Customers for commercial rental services.
57.2 RoadGo may establish monthly invoicing, commercial credit facilities and fleet pricing arrangements.
57.3 Payment terms are 14 days from invoice unless otherwise agreed.
58.1 Corporate customers may nominate employees or contractors as Authorised Drivers.
58.2 Corporate customers remain responsible for all acts and omissions of authorised users.
59.1 RoadGo may require a Director Guarantee as a condition of providing a credit facility.
59.2 Each guarantor guarantees payment of all amounts owing by the Business Account Customer.
59.3 The liability of a guarantor is continuing and irrevocable.
60.1 Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other law which cannot lawfully be excluded.
61.1 To the maximum extent permitted by law, RoadGo excludes liability for indirect loss, consequential loss, loss of profits and loss of business opportunity.
61.2 This clause does not affect rights that cannot lawfully be excluded.
62.1 The Renter indemnifies RoadGo against loss arising from breach of this Agreement, unlawful use of the Vehicle or negligent conduct of the Renter or Authorised Driver.
62.2 This indemnity applies only to the extent permitted by law.
63.1 The parties must first attempt to resolve disputes through good faith negotiations.
63.2 Nothing prevents either party seeking urgent injunctive relief.
64.1 RoadGo may provide notices electronically.
64.2 Electronic communications are deemed received when transmitted unless an automated failure notice is received.
65.1 This Agreement may be executed electronically.
65.2 Electronic signatures are deemed valid and binding.
65.3 Acceptance through RoadGo’s website, online booking platform, payment page, email confirmation or electronic signature platform is binding.
66.1 This Agreement constitutes the entire agreement between the parties and supersedes prior negotiations and understandings.
67.1 If any provision is invalid or unenforceable, the remaining provisions remain in force.
68.1 Failure by RoadGo to exercise any right does not constitute a waiver of that right.
69.1 This Agreement is governed by the laws of South Australia.
69.2 The parties submit to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.
The Renter acknowledges that by signing the Rental Document, accepting possession of the Vehicle, paying for the booking or accepting the terms online, the Renter agrees to be bound by this Agreement.
| Renter Name: | Renter Signature: |
| Date: | RoadGo Authorised Representative: |
| Signature: | Date: |