Loan Vehicle Agreement

1. Definitions

• Owner means the entity named in the Loan Vehicle Agreement.
• Hirer means the individual/company signing this Agreement.
• Vehicle means the vehicle and all accessories provided.
• Hire Period means the period from collection until return and acceptance.
• Incident means a discrete event occurring during the Hire Period which causes loss, damage, liability or a claim in connection with the Vehicle. All loss, damage and claims arising from substantially the same event are deemed to be one Incident.
• Liability Amount means $5,000 per Incident.
• Reduced Liability Amount means $200 per Incident.
• Liability Reduction Fee means the daily fee payable by the Hirer (if elected) under this Agreement in consideration for the Owner agreeing to reduce the Hirer’s liability to the Owner for loss of or damage to the Vehicle to the reduced amount specified in clause 5.3.
• Fees means the amounts in Schedule 1 (Fee Schedule).
• Permitted Area means the area set out in the Loan Vehicle Agreement.
• Third Party Property Damage means loss of or damage to:
  • Another vehicle;
  • Real property; or
  • Personal property,
  caused by an Incident involving the Vehicle.

Third Party Property Damage does not include personal injury, death, statutory compensation, or any claim arising from personal injury or death.

2. Vehicle Condition, Use & Return

1. Condition report
   The Hirer acknowledges the pre-existing damage recorded in Schedule 2 and agrees to return the Vehicle in the same condition (fair wear and tear excepted). Photos may be taken at issue and return.
2. Care & use
   Use the Vehicle safely and lawfully; lock and secure keys; use only on sealed public roads.
3. Prohibited use
   Do not use for rideshare, commercial passenger transport, driver training, competition driving, off-road driving, beaches, water crossings, or to carry dangerous goods. Do not tow unless prior written approval is given.
4. Geographic limits
   Travel is limited to sealed public roads within 100 km by road of the dealership address. No interstate travel. Travel outside the Permitted Area is a breach and the liability cap or liability reduction will not apply.
5. No smoking/animals
   Smoking or carrying animals is prohibited. Cleaning/deodorising fees apply (see Fee Schedule).
6. Fuel
   Return at the same fuel level recorded at issue. Refuelling charges apply if underfilled.
7. Return
   Return on or before the due time to the stated location. Late return charges and relocation costs may apply.
8. Keys/accessories
   Loss or damage to keys, remotes, plates, or accessories will be charged (see Fee Schedule).
9. Roadside
   Standard roadside assistance is included for mechanical issues. Misuse callouts (lockout, flat battery from lights left on, wrong fuel, punctures where safe spare is available) are chargeable.

3. Drivers & Compliance

1. Eligibility
   Drivers must hold a current, valid licence for the Vehicle class, be legally permitted to drive, minimum age 25, and have 12 months’ driving history.
2. Authorised driver
   Only the Hirer may drive the Vehicle.
3. Alcohol/drugs
   The Vehicle must not be driven under the influence of alcohol or drugs. If it is, the Hirer is liable for all loss.
4. Fines & infringements
   The Hirer is responsible for all traffic/parking infringements and consents to nomination and charging of amounts plus administration fees.

4. Fees, Bond & Payment

1. Bond/pre-authorisation
   The Hirer authorises a card pre-authorisation/bond which may be used to cover Fees, charges, and any amounts owed.
2. Fee Schedule
   Charges are set out in Schedule 1 and may include cleaning, refuelling, late return, admin fees for claims/tolls/fines, roadside misuse, key/accessory replacement, relocation, loss of use, and kilometre overage.
3. Payment
   The Hirer authorises the Owner to debit the card on file for all amounts due. Prices include GST unless stated. A card surcharge may apply if notified.

5. Insurance & Liability

5.1 Insurance

The Hirer acknowledges that:

1. the Owner may maintain insurance in respect of the Vehicle for its own benefit.
2. Any such insurance is separate from this Agreement and does not provide any benefit, entitlement, or protection to the Hirer.
3. The Owner’s decision to claim or not claim under any policy does not affect the Hirer’s liability under this Agreement.

5.2 Hirer Liability – General

The Hirer is liable for all loss, damage, liability, and claims arising out of or in connection with the use or possession of the Vehicle during the Hire Period, except to the limited extent expressly set out in clause 5.3.

5.3 Damage to the Vehicle

Subject to this Agreement, the Hirer’s liability for loss of or damage to the Vehicle arising from an Incident (including theft, attempted theft, fire, towing, recovery, storage and loss of use) is limited to the Liability Amount.

5.4 Third Party Property Damage Liability

Subject to this Agreement, the Hirer’s liability arising from Third Party Property Damage resulting from an Incident is limited to the Liability Amount.

5.5 Liability Reduction Fee

If the Hirer elects to purchase and pays the Liability Reduction Fee, the Liability Amount in clauses 5.3 and 5.4 is reduced to the Reduced Liability Amount.

5.6 Nature of Liability Reduction

The Liability Reduction Fee:

1. is a contractual allocation of risk between the Owner and Hirer;
2. is not insurance;
3. does not constitute a contract of insurance;
4. does not guarantee that any loss will be insured or recoverable under any insurance policy; and
5. applies only in the circumstances expressly described in this Agreement.

5.7 Exclusions

The Liability Amount and Reduced Liability Amount apply only to loss of or damage to the Vehicle and Third-Party Property Damage.

They do not apply to:

1. Personal injury claims;
2. Death claims;
3. Statutory compensation claims;
4. Fines, penalties or infringements;
5. Amounts expressly excluded under this Agreement, or
6. Any circumstance described in clause 5.9.

5.8 Owner Insurance Response

If the Owner’s insurer responds to a claim:

1. the Hirer must cooperate fully; and
2. the Hirer remains liable for any uninsured amounts, exclusions, or excess components not recovered under the policy.

5.9 Cover Void or Declined – Full Liability

The liability limitations in clauses 5.3, 5.4 and 5.5 cease to apply and the Hirer becomes liable for the full amount of all loss, damage, claims and liability arising from the use of the Vehicle if:

1. the driver of the Vehicle is unauthorised or unlisted;
2. the driver of the Vehicle is affected by alcohol or drugs;
3. the Vehicle is used recklessly, illegally, or off sealed roads where prohibited;
4. the Vehicle is used outside the Permitted Area or for unauthorised commercial purposes;
5. keys are left unsecured or the Vehicle is not properly secured;
6. the Hirer fails to stop, report an accident, or obtain all relevant details following an accident;
7. the Vehicle is overloaded, mis-fuelled, or used to carry dangerous goods; or
8. the Vehicle is used contrary to this Agreement or insurance policy requirements.

5.10 Owner Liability

Nothing in this Agreement excludes liability that cannot be excluded under the Australian Consumer Law. The Owner remains responsible for loss or damage caused by its negligence or failure to maintain the Vehicle.

5.11 Personal Property

The Owner is not liable for loss of or damage to personal property left in or on the Vehicle.

5.12 Allocation of Risk and Acknowledgment

The Hirer acknowledges that:

1. the Vehicle is provided as a temporary courtesy or loan vehicle at a reduced or no hire cost;
2. the Owner has allocated risk under this Agreement on that basis;
3. the Hirer has had the opportunity to review and understand the liability provisions in this clause 5, including the Hirer’s responsibility for third party loss and damage; and,
4. the parties agree this Agreement allocates financial responsibility for loss and damage between them and does not constitute a contract of insurance.

6. Incidents, Damage & Breakdowns

1. Reporting
   The Hirer must notify the Owner as soon as practicable and within 24 hours of any Incident and complete an Incident Report.
2. Police
   Where required by law or where injury, theft, or significant damage occurs, notify police and obtain an event number.
3. Evidence
   Provide photos, third-party details, and witness details. Do not admit liability.
4. Repairs
   The Owner may select repairers and parts. No unauthorised repairs.
5. Costs
   The Hirer is liable for associated reasonable costs including towing, storage, assessment, and loss of use.

7. Fines & Nominations

1. The Hirer is responsible for all fines and infringements.
2. The Hirer authorises nomination and charging of relevant costs and administration fees.

8. Privacy & Telematics

Collection notice

The Owner collects personal information (including license, contact, payment details, and telematics data) to manage the hire, ensure safety, process infringements and insurance, recover amounts owed, and comply with law.

For more details, see our Privacy Policy at:

www.autoleague.com.au/digital-privacy-policy

Telematics consent

The Vehicle may be fitted with telematics/GPS. The Hirer consents to the collection of location, speed, odometer, diagnostic and event data for safety, maintenance, loss prevention, recovery, infringement nomination, and insurance/claims handling.

Disclosure

Information may be disclosed to insurers, repairers, roadside providers, authorities, legal advisers, and related entities.

Access/correction

The Hirer may request access to or correction of personal information under the Privacy Act 1988 (Cth).

9. Termination & Repossession

Recall

The Owner may recall the Vehicle on reasonable notice where practicable. The Hirer must return the Vehicle immediately upon demand.

Breach/unsafe use

On breach or unsafe use, the Owner may terminate and peacefully repossess the Vehicle. The Hirer must pay associated reasonable costs.

10. Legal Terms

Nothing in this Agreement excludes, restricts or modifies any rights or remedies that the Hirer may have under the Australian Consumer Law (“ACL”) or any other law that cannot be excluded, restricted or modified.

To the extent permitted by law, the Owner’s liability for any breach of a consumer guarantee is limited to:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

The Hirer acknowledges that the Vehicle is provided for temporary use and no additional warranties or representations are given except as required by law.

Limitations

To the extent permitted by law, the Owner excludes liability for consequential or indirect loss and limits liability (where applicable) to the resupply of services or the cost of resupply.

Governing law

This Agreement is governed by the laws and regulations of Western Australia, and the parties submit to the exclusive jurisdiction of its courts.

Entire agreement

This is the entire agreement and may only be varied in writing. If any provision is invalid, the remainder continues in effect. The Hirer must not assign this Agreement without consent.

Schedule 1 — Fee Schedule

AUD, GST inclusive