The Vehicle must never be used:
- recklessly, or with deliberate intent to cause injury, loss or damage;
- in Tasmania, unless rented from a location in Tasmania;
- for committing an illegal or unlawful act;
- for racing or undertaking reliability trials or other contests;
- for conveying passengers for hire or reward (unless Hertz consents in writing);
- for hauling any goods that are incorrectly or inappropriately loaded or for the haulage of which the Vehicle was not designed (including any hazardous materials, such as any gases or substances which may form explosive mixtures); or
- for towing a trailer or any other vehicle, unless the Vehicle has a towbar, you have permission from Hertz, and the weight and dimensions of the item being towed do not exceed the specified capacity of the Vehicle.
The following people must never drive the Vehicle or otherwise be in control of the Vehicle:
- any person who is Intoxicated by any substance; or
- any person other than an Authorised Driver.
Full Responsibility Uses
You will be fully responsible and liable for Damages where the Vehicle is used:
- on any road or other surface which is not sealed other than a road under repair, a short access road to a National or State Park, tourist attraction or holiday accommodation or a road notified to you by Hertz, unless the Vehicle is a four wheel drive; (see Driving Restrictions)
- in any Alpine Resort during the gazetted snow season or in any other area under conditions where a reasonable person would use snow chains, unless SNO is offered to and accepted by you as noted on the Form; (see Alpine Driving)
- on any beach or in any other area exposed to saltwater;
- in any area or under any circumstances (including crossing a waterway) where the Vehicle may or does become partially or totally immersed in water;
- under any circumstances where the Vehicle may or does sustain damage to the body or undercarriage as a result of making contact with a stationary object overhanging or on the road surface (including driving or attempting to drive under, over or around any such object);
- in any other area or region specified to you by Hertz as an area or region in which the Vehicle must not be used.
If the Vehicle is used for a Prohibited Use or by a Prohibited Person
- to the extent permitted by applicable law, You will lose the benefit of any limitation on Your liability for loss of or damage to the Vehicle, even if You have accepted MAX, AER PLUS or AER(refer to Insurances and Other Coverages section); and will constitute a breach of the Agreement, making you responsible, to the fullest extent permitted by applicable law, for the actual and consequential damages to Hertz caused by the breach, together with Hertz's related costs and legal fees.
If the Vehicle is used for a Full Responsibility Use
- to the extent permitted by applicable law, you will lose the benefit of any limitation on your liability for loss of or damage to the Vehicle, even if you have accepted MAX, AER PLUS or AER (refer to Insurances and Other Coverages section).
Single Vehicle Accident
If the rental vehicle is damaged in a Single Vehicle Accident (an accident not involving a collision between the rental vehicle and another vehicle, other that a parked vehicle), you are liable for the cost of repair up to the amount of the ADE plus AUD$2,200 (inclusive of GST). This currently applies to all vehicles at all locations and can be waived by the purchase of Maximum cover at participating locations.
Your liability to Hertz for Damages resulting from water damage (other than by total or partial immersion) is limited to the amount of the ADE PLUS AUD$2,200 (inclusive of GST) or such other amount in addition to the ADE as is specified in the Additional Terms.
The liability of any Authorised Driver of a rental vehicle for causing personal injuries to other persons resulting from use of the rental vehicle is covered by the statutory schemes relating to transport accident compensation in each State and Territory of Australia (subject to the conditions and limitations of those schemes). For details of the scope, conditions and limitations of this coverage, you should contact the relevant authority in the State or Territory in which the vehicle you rent is registered.
*For full Terms and Conditions, please click here.
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