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Alpha Car Hire Terms and Conditions

The Alpha Hire Rental Terms and Conditions impose important obligations on You. You should read this document carefully.

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1. The Alpha Hire Rental Contract

1.1 The Agreement
  1. You agree to rent the Vehicle from Us, and We agree to rent it to You, on the terms set out in these Alpha Hire Rental Terms and Conditions (Terms and Conditions).
  2. The agreement You have with us for the hire of the Vehicle comprises:
    1. these Terms and Conditions;
    2. the Alpha Hire Alpha Hire Rental Agreement;
    3. the Alpha Hire Rental Fees and Charges Schedule;
    4. the Fair Wear and Tear Guide and the Vehicle Report; and
    5. any Letter of Authority in order to debit You by way of Payment Method (where required), and together these documents constitute the entire agreement between You and Us (Alpha Hire Rental Contract). 
  3. The Alpha Hire Rental Contract supersedes all other provisions, terms, warranties, or conditions contained in any other contract, agreement, deed, brochure, promotion, website advertisement or any other document or instrument.
  4. Except as provided by law, You or passengers in the Vehicle are not Our agent, servant or employee for any purpose whatsoever.
1.2 Relevant law

The Alpha Hire Rental Contract is governed by the laws of the state or territory in which the Vehicle is hired and by the laws of the Commonwealth of Australia and You agree that courts in the state or territory of hire have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law

You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

1.4 Amending these Terms and Conditions

We may amend the Alpha Hire Rental Contract, including any figures (fees, charges etc.) listed in the Fees and Charges Schedule and these Terms and Conditions by providing You with 30 days’ notice in writing. If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period.

1.5 Substitute Vehicle

If the Vehicle booked is unavailable, We reserve the right to substitute an alternative vehicle without prior notification and at no extra cost to You. This is not a breach of the Alpha Hire Rental Terms and Conditions.

1.6 Joint and several liability

You are jointly and severally responsible for compliance with the Alpha Hire Rental Contract and the consequences of any non-compliance.

2. Booking, pick-up and return of Vehicle

2.1 Bookings
  1. You may book the rental of a Vehicle in a number of ways, including at one of Our offices, by telephone or online at https://alphacarhire.com.au/
  2. Online rental bookings may require prepayment, and any amount prepaid for the rental of a Vehicle will be applied against the total rental charges payable as specified in the Alpha Hire Rental Contract. The total rental charges payable may exceed the prepaid amount where, by way of example, You decide to purchase optional additional services at the time of pick-up of the Vehicle.
2.2 Pick-up
  1. The pick-up location and time for collection of the Vehicle are specified in the Alpha Hire Alpha Hire Rental Agreement.
  2. You may amend your existing rental booking up to 48 hours prior to the pick-up time for collection specified in the Alpha Hire Alpha Hire Rental Agreement. Amendments to an existing rental booking may affect the total rental charges payable and may require a new Alpha Hire Alpha Hire Rental Agreement to be issued.
2.3 Return of the Vehicle
  1. You must return the Vehicle to the Return Location:
    1. at or before the Return Time and Date specified in the Alpha Hire Rental Agreement unless We have agreed to an extension in writing before the Return Date. Where You voluntarily return the Vehicle before the Return Date, You must provide Us with at least one day’s prior notice;
    2. in a reasonable state of cleanliness;
    3. in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted; and
    4. with a full tank of fuel.
  2. If You return the Vehicle to another location, We can charge You for all costs associated with transporting or towing the Vehicle to the Return Location, unless We have agreed otherwise.
  3. If you return the vehicle 1 hour beyond the return date and time, an additional full day’s rental fee will be levied for that day and any day beyond.
  4. If You have not returned the Vehicle by the Return Time on the Return Date (without an agreed extension) We may:
    1. immediately report the Vehicle to the police as stolen; and
    2. charge You $25 per hour up to one full day’s rental and a further full day’s rental at the standard rate for each 24-hour period or part thereof until the Vehicle is returned to Us, plus the costs of any accessories, as specified in the Alpha Hire Alpha Hire Rental Agreement.
  5. If You attempt to return the Vehicle to the Return Location outside its advertised business hours, the Vehicle will be deemed to have been returned at the time when that Return Location next opens for business. The rental continues until that time. You remain fully responsible for the Vehicle, unless We have agreed to other arrangements in writing.
  6. Acting reasonably, We may take possession of the Vehicle without prior demand to You and at Your expense if:
    1. there has been a Major Breach of these Terms and Conditions;
    2. the Vehicle is illegally parked;
    3. the Vehicle is apparently abandoned; or
    4. the Vehicle is used to commit, or participate in the commission of, an act punishable under the criminal law of the state or territory in which the act was committed. If the seal of the odometer is broken, or otherwise tampered with., the Company can charge You an extra charge as specified in the Fees and Charges Schedule.
2.4 Fuel and refuelling
  1. The Vehicle will be supplied with a full tank of fuel and when the vehicle is returned by You, it must be returned with a full tank of fuel.
  2. If the Vehicle is returned with less fuel than a full tank of fuel, We will charge You the difference at the rate specified in the Fees and Charges Schedule, unless prior arrangements have been made.
  3. You must only use the fuel specified by the manufacturer of the Vehicle. Using bio-diesel, ethanol or any organic hybrid fuel is strictly considered the wrong fuel type. All costs associated with the use of the wrong fuel including contaminated fuel will be at Your sole expense.
2.5 Post rental inspection procedure
  1. We will take reasonable steps to conduct a post rental inspection in Your presence; and
  2. If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within twenty-four (24) hours and if Damage is detected, We will notify You as soon as it is reasonably practical to do so. 

3. Vehicle Condition

3.1 You acknowledge that the Vehicle is the sole property of the Company
3.2 Pre-existing Damage
  1. You acknowledge that the only existing Damage to the Vehicle at the commencement of the Alpha Hire Rental Contract is that detailed on the Vehicle Report.
  2. It is essential that You note all existing damage on the Vehicle Report as any Damage which has not been noted on the Vehicle Report will be considered Damage which has occurred during Your rental and for which You will be charged.
  3. Where Alpha deems it necessary, the Alpha-capture application may be used to capture the Vehicle condition electronically in addition to, or in place of, the paper-based Vehicle Report.
3.3 Condition on return
  1. You must return the Vehicle in the same condition, except for any normal fair wear and tear, together with its tools, tyres, accessories and equipment at the Return Location on the Return Date specified in the Alpha Hire Alpha Hire Rental Agreement (or sooner, if demanded by Us).
  2. The Fair Wear and Tear Guide that forms part of the Rental Contract defines what is fair wear and tear.

4. Who can and cannot drive the Vehicle

4.1 Authorised Drivers
  1. Only You or an Authorised Driver, who each meet all of the requirements of this clause 4, can drive the Vehicle.
  2. Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.
4.2 Age limits
  1. There is a minimum and maximum age limit for those renting Our Vehicles.
  2. You and any Authorised Driver must be at least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Alpha Hire Rental Agreement.
4.3 Licence requirements
  1. You and any Authorised Driver must also have a current valid licence to drive the Vehicle which is:
    1. issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);
    2. appropriate for the class of the Vehicle; and
    3. not subject to any restriction or condition.
  2. Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.
4.4 Cancelled and suspended licences

The Vehicle must not be driven by You or an Authorised Driver if Your licence or that of the Authorised Driver:

  1. is cancelled or suspended, including as a result of an accumulation of demerit points; or
  2. has been cancelled or suspended, within three (3) years of the date of the Alpha Hire Rental Agreement.
4.5 False and misleading information

The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver’s licence.

4.6 Prior insurance history

The Vehicle must not be driven by You or an Authorised Driver if either You or the Authorised Driver has been refused motor vehicle insurance or had a policy of motor insurance cancelled or declined by an insurer at any time prior to entering into the Rental Contract.

5. Prohibited use

5.1 The Vehicle must never be driven:
  1. in any area outside the Area of Use shown in the Alpha Hire Alpha Hire Rental Agreement;
  2. on any Unsealed Road or Off Road, unless authorised by Us in the Area of Use in the Alpha Hire Alpha Hire Rental Agreement; or in the snow or above the snow line in New South Wales or Victoria from the beginning of June to the end of September or in any area where snow has fallen or is likely to fall. 
5.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:
  1. roads that are prone to flooding or are flooded;
  2. beaches, sand dunes, streams, rivers, creeks, salt lakes, dams and floodwaters or any area exposed to saltwater;
  3. any road where the police or an authority has issued a warning;
  4. any road that is closed; and
  5. any road where it would be unsafe to drive the Vehicle.
5.3 The Vehicle must never be driven or used:
  1. interstate; or
  2. onto any island that is off mainland Australia,
  3. Into or out of the Northern Territory or Western Australia

unless We have given Our written permission prior to the Start of the Rental and it is noted on the Alpha Hire Rental Agreement.

5.4 The Vehicle must not be driven by You or any Authorised Driver:
  1. whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
  2. recklessly or dangerously; or
  3. whilst there is Damage to the Vehicle or it is unroadworthy or unsafe.
5.5 You and any Authorised Driver must not:
  1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
  2. use the Vehicle:
    1. for any illegal purpose;
    2. to move or carry dangerous, hazardous, biohazardous, infectious, or inflammable, goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
    3. to propel or tow another vehicle, trailer or boat;
    4. to carry or transport illegal drugs or substances;
    5. in connection with the motor trade for experiments, tests, trials or demonstration purposes;
    6. n racing, rallies, reliability trials, speed or hill climbing tests, or for testing in preparation thereof; or
    7. in an unsafe or unroadworthy condition;
    8. use the vehicle to transport any pets or animals except assistance animals
    9. smoke in the vehicle and you must prevent any passenger from doing so or
  3. use a mobile phone:
    1. to make or receive a phone call, perform any audio function or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or
    2. to send a text message, video message, email or similar communication unless the Vehicle is parked.
5.6 You and any Authorised Driver must not:
  1. damage the Vehicle deliberately, intentionally, maliciously or recklessly or allow anyone else to do so;
  2. modify the Vehicle in any way or make any alteration or addition to it and no decals, branding or logos may be applied or removed from the Vehicle;
  3. sell, rent, lease or dispose of the Vehicle; or
  4. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
5.7 You and any Authorised Driver must not use the Vehicle to carry:
  1. passengers for:
    1. hire, fare or reward, except under a private pooling arrangement; or
    2. for rideshare or peer to peer purposes;
  2. more than the number of passengers for which the Vehicle is licenced; or
  3. any load that exceeds the limits for which the Vehicle was designed, constructed, registered orlicenced.

6. Use of the Vehicle

6.1 During Your rental

During the Rental Period:

    1. You must:
      1. inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and
      2. adhere to any mileage instructions displayed in the Vehicle or set by the Rental Location.
    2. You must not:
      1. use the Vehicle for transporting any pets or animals, with the exception of accredited or trained assistance animals, unless specifically approved by Us;
      2. smoke in the Vehicle (including the use of e-cigarettes) and You must take reasonable steps to prevent passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or
      3. use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.

If You do not return the Vehicle in a suitable state of cleanliness, We will charge You a cleaning, disinfection and deodorising fee as specified in the Fees and Charges Schedule.

6.2 Seat belts and restraints

You must comply with all mandatory:

  1. seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and
  2. child restraint laws and ensure that for all children, babies and infants that the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.
6.3 Vehicle to be locked and keys kept in Your possession

You and any Authorised Driver must make sure that the Vehicle is locked when not in use or when unattended and the keys or remote-control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition or in the Vehicle when it is unattended.

6.4 Reasonable care

You and any Authorised Driver must take reasonable care of the Vehicle by:

  1. driving safely, attentively and legally at all times and ensuring any other Joint Hirer or Authorised Driver does the same; and
  2. parking and garaging the Vehicle as securely as possible when not in use.
  3. preventing it from being damaged;
  4. making sure that it is protected from the weather;
  5. properly securing any goods, property or equipment carried in the Vehicle;
  6. maintaining the engine and brake oils and coolant level and tyre pressures;
  7. using the correct fuel type; and
  8. making sure it is not overloaded.
6.5 Maintenance for longer term rentals

You and any Authorised Driver must take reasonable care of the Vehicle by:

  1. If the Rental Period exceeds 30 days You must return the Vehicle to the nearest Rental Location for it to be serviced or exchanged when:
    1. the next scheduled service is due, as noted on the sticker on the inside of the windscreen;
    2. a service indicator is illuminated on the dashboard; or
    3. the Vehicle has travelled 10,000 kilometres since the Start of Rental or since it was last
      serviced, whichever comes first.
  2. We will pay for the service, parts, tyres and any other issues with the Vehicle providing that these issues were not caused by You or any Authorised Driver.
  3. If You fail to have the Vehicle serviced timeously You will be liable for any Damage caused to the Vehicle.
6.6 Notification of Vehicle fault
  1. You must inform Us immediately if:
      1. a warning light or fault message appears;
      2. You see or become aware of low engine or brake oils, or engine coolant levels; or
      3. the Vehicle develops any fault during the Rental Period.
  2. If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.
6.7 Repair without authority prohibited

You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.

6.8 Repair with authority
  1. Where We have given You Our prior authority to repair the Vehicle as the result of a breakdown or Vehicle fault, You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us.
  2. There is no entitlement to reimbursement if the breakdown or fault was caused by an Accident or is the result of a Major Breach of the Rental Contract.
6.9 Staying with the Vehicle after an Accident

You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator unless You or a passenger has been injured and require medical attention or You are directed to do so by the police.

6.10 Fines and infringements
  1. You and any Authorised Driver must pay
      1. fines or charges imposed for parking;
      2. infringements and fines imposed for speeding and other driving offences; and
      3. fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
  2. An administrative fee applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.
6.11 Kilometre allowance

The Kilometre Allowance per day and Charge Per Excess Kilometre Fee are indicated in the Fees and Charges Schedule. Us charges You the applicable Excess Kilometre Fee when You return the Vehicle.

7. Breakdowns

7.1 Roadside assistance
  1. We will provide You with a Vehicle that is of acceptable quality, in good working condition and fit for the purposes for which it has been hired.
  2. Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us to arrange assistance. If the fault cannot be repaired on site We will recover and repair the Vehicle as soon as possible but if it cannot be repaired, We will use Our best endeavours to provide a replacement Vehicle where one is available.
7.2 Assistance not covered
  1. We are not responsible for:
    1. a flat battery;
    2. tyre changing;
    3. lost keys or remote-control device; or
    4. keys or remote-control device locked in the Vehicle.
    Extra charges will apply if any of these services are provided at Your request.
  2. Roadside assistance does not apply if:
    1. the incorrect fuel type is used; or
    2. the breakdown is caused by a Major Breach;
    and You are liable for any Damage caused.
7.3 Consequential and other loss

Subject to the Australian Consumer Law, We are not responsible for:

  1. flights You have missed;
  2. holiday plans that are disrupted;
  3. loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
  4. loss of enjoyment; or
  5. consequential or economic loss.

8. Accidents

8.1 Reporting an Accident or theft to Us

If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.

8.2 Reporting an Accident or theft to the police

If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:

  1. any person is injured;
  2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
  3. the other party appears to be under the influence of drugs or alcohol;

You or the Authorised Driver must also report the theft or Accident to the police as soon as practicable, but no more than 24 hours after the incident.

8.3 Steps You must take following an Accident

If You or an Authorised Driver have an Accident You and the Authorised Driver must:

  1. exchange names and addresses, phone numbers and email addresses with the other driver;
  2. obtain the name of the other driver’s insurance company;
  3. take a photo of the other driver’s licence;
  4. take the registration numbers of all vehicles involved;
  5. take as many photos as is reasonable showing:
    1. the position of the Vehicles before they are moved for towing or salvage;
    2. the Damage to the Vehicle;
    3. the damage to any third party vehicle or property; and
    4. the general area where the Accident occurred, including any road or traffic signs;
  6. obtain the names, addresses, phone numbers and email addresses of all witnesses;
  7. forward all third party correspondence or court documents to Us within seven (7) days of receipt; and
  8. co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
    1. Our lawyer’s office; or
    2. any Court hearing.
  9. Complete and sign the Damage Report Form; and
  10. pay for the expense of towing and retrieving the Vehicle to the closest Company depot, up to the Liability Waiver set out in the Alpha Hire Rental Agreement (where applicable) or otherwise, up to the whole amount (without reimbursement from the Company or its insurer)
8.4 What You must not do

You and any Authorised Driver must not:

  1. make any admission of fault;
  2. promise to pay any claim for Third Party Loss; or
  3. release the other party from any liability to pay for Damage as a result of an Accident, theft or attempted theft.
  4. You are not entitled to any refund for the unused portion of the Rental Period after an accident.
  5. The Company will charge You an additional administration fee per accident file, as specified in the Fees and Charges Schedule. You will also be liable for the damage liability costs outlined in the Alpha Hire Rental Agreement.

9. Damage Cover

9.1 Damage Fee
  1. Standard Damage Cover is included in the Rental Charges.
  2. Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Fee shown on the Alpha Hire Rental Agreement for each Accident or theft claim unless:
    1. You have fully completed an Incident Report Form with:
      1. the name, residential address, contact phone and licence number of any person involved (Third Party);
      2. the registration number of all vehicles involved;
      3. an accurate written and diagrammatic description of the Accident and location; and
      4. the names and addresses of all attending police officers and the stations at which they are based;
    2. You have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
    3. You are not in breach of the Alpha Hire Rental Contract and have not caused any other person to have acted in a manner which is in breach of the Alpha Hire Rental Contract
    4. We agree You were not at fault; and
    5. the other party was insured and their insurance company accepts liability.
9.2 Younger age additional Damage Fee

An additional Damage Fee applies to You or any Authorised Driver who is 21 to 24 years of age.

9.3 Claims Administration fee

All Accident, attempted theft and theft claims will incur a claims administration fee as per Alpha Hire Rental Fees & Charges Schedule in addition to the Damage Fee liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

10. Damage Cover Exclusions

10.1 General exclusions

Even if You have paid the Damage Fee, there is no Damage Cover, and You and any Authorised Driver are liable for:

  1. Damage or Third Party Loss arising from:
    1. a Major Breach of the Rental Contract;
    2. any deliberate, intentional, malicious or criminal act by You, an Authorised Driver or any person who is acting with Your express or implied consent; or
    3. the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 21 or more than 75 years of age;
  2. Overhead Damage;
  3. Underbody Damage;
  4. Damage caused by:
    1. immersion of the Vehicle in water, including salt water; or
    2. use of the incorrect fuel type;
    3. reversing damage
    4. hail damage
    5. negligence or abuse
  5. damage to the tyres or rims of the Vehicle, other than by normal wear and tear; and
  6. the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote-control devices;
10.2 Exclusion for personal items

There is also no Damage Cover for personal property in the custody of or owned by:

  1. You;
  2. Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;
  3. any relative, friend or associate of an Authorised Driver; or
  4. Your employees,

that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the Vehicle after the Vehicle is returned to the Rental Location.

11. Your Obligations

11.1 Payment Method debiting authorisation

By entering into the Alpha Hire Rental Contract, You are responsible for and irrevocably authorise Us or its nominated agent(s) to debit the Payment Method provided under the Alpha Hire Alpha Hire Rental Agreement or any other Payment Method provided and You must pay Us, or where stipulated a third-party agent, on demand any balance for the following charges:

  1. the rental charges specified in the Alpha Hire Alpha Hire Rental Agreement (must be cleared funds before a Vehicle is delivered);
  2. all charges claimed by Us in respect of parking and/or any other traffic violations incurred during the rental period or until such time as the Vehicle is returned to Us. An additional administration fee per infringement will apply as specified in the Fees and Charges Schedule;
  3. an administrative fee in addition to each toll fee, including any video matching fee, as stipulated on the Fees and Charges Schedule. You must address all toll fees at Your own discretion, until such later time as the Vehicle is returned to Us;
  4. all toll fees and associated video matching fees as stipulated by a third- party agent, to that third-party agent instead of Your relevant tolling authority or Alpha, where Alpha has agreed to outsource the charging of such expenses to the agent;
  5. all costs associated with the repossession of the Vehicle;
  6. all costs associated with the breaking of any special conditions set out in the Alpha Hire Alpha Hire Rental Agreement;
  7. any applicable cancellation fee as specified in the Fees and Charges Schedule;
  8. all costs associated with the early return or termination of the Alpha Hire Rental Contract until the end of the period specified in the Alpha Hire Alpha Hire Rental Agreement;
  9. all late fees associated with the return of the Vehicle outside of the normal
  10. a fee per kilometre as specified in the Fees and Charges Schedule for the relocation of all Vehicles up to the point they are dropped off to Us at the Return Location
  11. all repairs to the Vehicle, unless they are authorised in writing by Us prior to the repair date;
  12. a roadside assistance fee as specified in the Fees and Charges Schedule where You are at fault and roadside assistance is required (i.e., where You lock the keys in the Vehicle);
  13. all charges associated with the enforcement of Our legal rights, where you have breached the Alpha Hire Rental Contract. This includes costs for repossession of the vehicle; and
  14. all loss or damage to the Vehicle, legal expenses, assessment fees, towing and recovery, consequential third-party damage, storage, company service charges, any appraisal of the vehicle and the loss of any use of the vehicle where:
    1. You have committed a Major Breach of the Alpha Hire Rental Contract;
    2. the Vehicle is involved in a Single Vehicle Incident, unless We agree to reduce such loss to the Single Vehicle Incident Liability amount shown in the Alpha Hire Alpha Hire Rental Agreement (plus the Standard Liability Charge noted in the Alpha Hire Alpha Hire Rental Agreement). A Single Vehicle Incident includes an accident involving another vehicle but where You do not provide identifying details of the other vehicle to Us;
    3. the interior of the Vehicle is damaged regardless of the cause, including by water due to the convertible roof (if any) being opened or left open, except where there is a collision with another vehicle;
    4. the tyres of the Vehicle are damaged other than by normal fair wear and tear; or
    5. the Vehicle is damaged by loading or unloading, normal fair wear and tear excepted.
11.2 Request to bill another person

If You have requested Us to bill the charges to some other person, corporation, firm or organisation who or which fails to make payment when due, You must immediately pay the full amount due to Us on demand.

11.3 Agreement and authority to use the Payment Method

You agree and authorise Us to use the Payment Method(s) provided for payment of any amount due under the Alpha Hire Rental Contract even if a signed Payment Method voucher has been returned.

We accept the relevant Payment Method only.

11.4 Credit card / Debit card surcharge

A credit card / debit card surcharge will apply, as specified in the Fees and Charges Schedule.

11.5 Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract:

  1. You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting seven (7) days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
  2. We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
  3. You authorise Us to provide information of that default to a credit reporting body and to obtain an up to-date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
11.6 Termination of the Rental Contract

We may terminate the Rental Contract if:

  1. any money payable to Us becomes overdue, or in Our opinion We reasonably believe You will be unable to meet payments as they fall due;
  2. You have exceeded any applicable credit limit provided by Us;
  3. You become bankrupt, insolvent, convene a meeting with Your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of Your creditors; or
  4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any of Your assets.
11.7 You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance.
11.8 You must make yourself available to assist the Company in any actions mentioned in the Alpha Hire Rental Contract, that may arise out of Your hire of the Vehicle.
11.9 Either party may terminate the Alpha Hire Rental Contract at any time if the other party breaches the Alpha Hire Rental Contract.
11.10 The Company may from time to time vary the terms of the Alpha Hire Rental Contract, including any figures (fees, charges etc.) listed in the Fees and Charges Schedule, provided You are given 30 days written notice. Where you find any variations unagreeable, it is your right to opt out of the Alpha Hire Rental Contract if You wish to do so.

12. GST

12.1 Any terms capitalised in this clause 12, which are not already defined in the definitions, have the same meaning given to those terms in A New Tax System (Goods and Services Tax) Act 1999 (Cth) ( GST Act).
12.2 The consideration for a Supply made under or in connection with this document includes GST.
12.3 If a Supply made under or in connection with this document is a Taxable Supply, then at or before the time the consideration for the Supply is payable the Supplier must give the Recipient a Tax Invoice for the Supply.
12.4 Where a Tax Invoice is given by the Supplier, the Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.
12.5 In this clause 12, ‘Supplier’ means the entity making the Supply.

13. Major Breach and termination

13.1 Major Breach

You and any Authorised Driver commit a Major Breach of the Rental Contract if there is a breach of any of the following:

    1. clause 4 (who can and cannot drive the Vehicle);
    2. clause 5 (prohibited use);
    3. clause 6.3 (Vehicle to be locked and keys kept in Your possession);
    4. clause 6.4 (reasonable care);
    5. clause 6.5 (maintenance for long term rentals);
    6. clause 6.6 (notification of Vehicle fault); or
    7. clause 6.7 (repair without authority); that causes Damage, theft of the Vehicle or Third Party Loss;
      1. clause 8 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
      2. clause 14.2(b) (removal of the Tracking Device).
13.2 No Damage Cover

If You or any Authorised Driver:

    1. commit a Major Breach of the Rental Contract; or
    2. drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred; You and any Authorised Driver:
      1. have no Damage Cover;
      2. are liable for all Damage, theft of the Vehicle and Third Party Loss; and
      3. are liable for and must pay any additional costs or expenses We incur in recovering the Vehicle.
13.3 Termination and repossession

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if:

    1. there has been a Major Breach; or
    2. there has been a breach of clause 13.2(b)

14. Privacy Notice

14.1 Personal information
  1. We always value the privacy of Your personal information.
  2. When We collect, use or disclose personal information (especially creditworthiness information) it is bound by the Privacy Act 1988 (Cth), including the Privacy (Credit Reporting) Code 2014. How We handle personal information in accordance with its Privacy Policy available can be viewed at https://alphacarhire.com.au/privacy-policy/.
  3. We collect various personal information about You for the purposes of providing services to You or someone else You know; providing You with promotional material and information; facilitating its internal business operations; analysing Our services and customer needs and because We are required or permitted by any law.
  4. In order to provide services to You, We may disclose Your personal information from time to time to:
    1. Our employees, contractors, and related and affiliated entities for the purpose of providing Our services, operating Our business, and fulfilling requests by You;
    2. service providers who assist Us in operating its business and services, and such personal information will only be used to the extent necessary to perform the services;
    3. Our related entities and other organisations with whom We have affiliations so that those organisations may provide You with information about services and various promotions;
    4. third parties to whom You have agreed We may disclose Your information;
    5. the police, any relevant government authority or enforcement body, for example, if We have reason to suspect that You have committed a breach of the Alpha Hire Rental Contract, or have otherwise been engaged in any unlawful activity during the Rental Period, and We reasonably believe that disclosure is necessary;
    6. third parties where required by law, binding regulation or court order; and
    7. a proposed or actual purchaser/newly controlling entity of a sale and/or transfer of control of all or part of Our business, where Your personal information is relevant to any part of the business for sale and/or transfer.
  5. We are assisted by technology platforms and service providers including but not limited to website analytics, Software as a Service (Saas), Infrastructure as a Service (IaaS) and Platform as a Service hosting, marketing and survey utilities, support and development resources.
  6. If the personal information You provide to Us is incomplete or inaccurate, We may not be able to provide You with the services You are seeking. It is up to You to update Your personal information. If You are unable to update Your personal information held by Us, You must notify Us of the changes as soon as reasonably practicable.
  7. If You would like a copy of Our Privacy Statement, or You wish to seek access to or correct the personal information We hold about You, please contact Us at communications@alphacompanies.com.au or on 1300 227 473.
14.2 GPS Tracking
  1. We may use GPS tracking or other electronic tools (GPS Device) to enable Us to track the location of the Vehicle. By hiring an Alpha Hire Vehicle, You expressly consent to Us using a GPS Device on the Vehicle during the Rental Period where We sees fit. This will result in Us using and retaining information from the GPS from time to time.
  2. The GPS Device must not be removed from the Vehicle.
14.3 Immobilisation of the Vehicle

Acting reasonably, We may use the installed GPS Device to immobilise the Vehicle, if We receive alerts indicating excessive speed or driving of the Vehicle in a manner that may cause injury or harm to a member of the public or Damage to the Vehicle. By hiring an Alpha Hire Vehicle, You expressly consent to this.

15. Definition

15.1 In this document

Accident

means an unintended, unexpected and unforeseen incident, including:

  1.  a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
  2. rollovers; and
  3.  weather events, including hail Damage,

that results in Damage or Third Party Loss.

Area of Use

means the area of use shown in the Alpha Hire Alpha Hire Rental Agreement, as well as any and all parameters set out in 5.2(b) to (d) of the Alpha Hire Rental Terms and Conditions.

Authorised Driver(s)

means any driver who is approved by Us and who is specified in the Alpha Car Hire Rental Agreement unless precluded by clause 4 of these Terms and Conditions

Damage

means:

  1. any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, however caused that is not fair wear and tear;
  2.  towing and salvage costs;
  3. assessing fees; and
  4. Loss of Use,

and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Cover

means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 9, subject to the Damage Cover Exclusions in clause 10.

Damage Fee

Damage Fee means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered and includes the additional amount for younger drivers that is payable pursuant to clause 9.2.

GST Act

means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Hirer

means the person specified as the Hirer of the Vehicle in the Alpha Hire Alpha Hire Rental Agreement.

Joint Hirer

means the person specified as the Joint Hirer of the Vehicle in the Alpha Hire Alpha Hire Rental Agreement.

Local Renter

means a hirer(s) whose residential address is located within 50 kilometers of the Company’s branch location from which the vehicle is hired.

Loss of Use

means Our loss calculated on a daily basis at the daily rate shown in the Alpha Hire Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach

Major Breach means a breach of any of the clauses listed in clause 13.1

Off Road

Off Road means an area, surface or terrain that is not a sealed or Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Overhead Damage

means Damage to the Vehicle or Third Party Loss, caused by:

  1. contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
  2. objects being placed on the roof of the Vehicle; or
  3. You or any person standing or sitting on the roof of the Vehicle.

Payment Method

Payment Method means a valid credit card or Master Card or Visa branded debit card. We do not accept cash, cheques, EFTPOS cards, American Express or Diners Club. We may change our payment methods from time to time.

Rental Charges

Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Alpha Hire Rental Agreement.

Return Location

means the location listed under “location Information” in the Alpha Hire Alpha Hire Rental Agreement or otherwise the same location the vehicle was collected from

Rental Period

means the period commencing at the time shown in the Alpha Hire Rental Agreement and concluding at the End of the Rental.

Single Vehicle Incident

means any incident where the Vehicle suffers loss or damage as a result of an impact with any object whether animate or inanimate, except for another vehicle which can be fully identified and details of which have been provided by You or on Your behalf to Us.

Supplier

Supplier means the entity making the supply.

Underbody Damage

means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including but not limited to kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle

Unsealed Road

means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete

Vehicle

means the vehicle specified in the Alpha Hire Alpha Hire Rental Agreement (or any replacement vehicle) and includes its parts, components, tyres, keys, remote opening devices, tools, any tag or device for paying electronic tolls and all accessories and contents supplied by Us.

We, Us, Our

means Alpha Car Hire Trading Pty Ltd (ABN 49 650 425 568) as listed on Your Alpha Hire Alpha Hire Rental Agreement.

ALPHA CAR HIRE FAIR WEAR AND TEAR GUIDE

There is a certain level of damage to a vehicle which is considered fair wear and tear due to ongoing use. This is treated differently to Damage that is caused by a customer, for which they will be held responsible. The distinction between fair wear and tear and unacceptable Damage is outlined in the Alpha Car Hire Fair Wear and Tear guidelines set out below.

Damage caused intentionally, wilfully or by reckless conduct is not fair wear and tear and is excluded from your Damage Cover. You should always refer to the Terms and Conditions of Rental for a full understanding of the exclusions that apply. We have a range of coverage options available if You wish to reduce Your Damage Fee in the event of an Accident or Damage to the rental Vehicle.

How do we assess when damage has occurred?

Prior to an Alpha Vehicle being rented, any Damage, including for fair wear and tear is identified and recorded. Alpha records this Damage via time stamped photographs when the Vehicle is prepared for rental. If You detect any Damage and it has not been recorded, You should notify a staff member of the Damage prior to leaving the rental branch.

Dents

Fair Wear and Tear includes:

  • Dents of no more than 25mm in diameter (excluding bonnets and roofs) where the paint surface has not been broken and there is no paint removal, paint cracking of flaking

Fair Wear and Tear excludes:

  • Hail damage.
  • Dents of any diameter on bonnets, roofs, wheel arches, style lines, door sills or door edges
  • Multiple dents within a specific local area regardless of size or
  • Any damage affecting or penetrating the paintwork

Stone chips

Fair Wear and Tear includes:

  • Isolated stone chips to any panel up to 2mm in diameter

Fair Wear and Tear excludes:

  • More than 5 stone chips to an isolated area

Scratches

Fair Wear and Tear includes:

  • Not more than 25mm in length and not more than 1mm wide
  • No paint surface penetration
  • Can be polished out.

Fair Wear and Tear excludes:

  • Any scratch where the metal, plastic or undercoat is exposed.

Bumpers

Fair Wear and Tear includes:

  • Scratches/Scrapes under the front bumper that are not visible when standing 2 metres back from the vehicle.
  • Light scuffing or scratches:
    1. where there is no paint penetration;
    2. which can be polished out;
    3. isolated stone chips up to 2mm in diameter.

Fair Wear and Tear excludes:

  • Any broken paint
  • Multiple scratches of any size.
  • Dents of 25mm in length or more in diameter
  • Any damage to a textured bumper; and
  • Multiple stone chips of more than 5 to an isolated area

Wheels, wheel trims, tyres

Fair Wear and Tear includes:

  • Light scratches and scuffing up to 20mm in length

Fair Wear and Tear excludes:

  • Scratches, chipping, cracks, holes, or damage to:
      1. The windscreen
      2. Windows
      3. Lamps
      4. External mirror lens, as all such damage may affect the roadworthy status of the vehicle and may subsequently worsen over time from the vehicle continuing to be driven

Upholstery, floors, carpets, dashboard, fascia, trim interior, and vehicle cleanliness

Fair Wear and Tear includes:

  • Light marks that can be removed by vacuum or general cleaning, light scuffing or smears or regular day to day debris that is removable by general cleaning

Fair Wear and Tear excludes:

  • Any permanent damage caused by harsh or corrosive materials.
  • Tears, cuts, scratches, holes, or burns.
  • Any damage to the structure, shape or positioning of a seat.
  • Hair from pets
  • Excessive soil, mud, or sand (other than from regular day to day use)
  • Evidence of smoking in the vehicle
  • Odours or foreign matter; stains or marks that cannot be removed by general cleaning or require steam cleaning

Keys, accessories, and equipment

Fair Wear and Tear includes:

  • Minor cosmetic damage that does not in any way affect the functionality of the keys, accessories, or equipment

Fair Wear and Tear excludes:

  • Loss or damage to keys or remote. 
  • Damage caused by incorrect fitting of accessories (snow chains, roof racks) 
  • Damage to aerials 
  • Removal or damage to any item supplied with the vehicle (parcel shelf, tools, spare tyres, wheel trims, hazard triangles, first aid kits, GPS unit)

ALPHA HIRE RENTAL FEES & CHARGES SCHEDULE

Alpha reserves the right to charge your relevant Payment Method or bank account for any of the listed tolls, fines, fees, charges or excesses accrued whilst using an Alpha vehicle as outlined in the Alpha Hire Rental Terms and Conditions.

Where you make any amendments to any banking details, Payment Method details, residential address or contact numbers (including mobile phone) – please advise Alpha Car Hire in writing at: resmanager@alphacarhire.com.au

Fines and Infringements

$99 administration processing fee per infringement notice.

If You receive a fine for speeding, parking illegally, littering or otherwise incur any other type of traffic related fine or infringement whilst using an Alpha vehicle, You will be responsible for paying this fine in addition to the administration processing fee listed.

Cancellation Fees

10 or more days prior to pick up date

  • Paid Online: a $75 cancellation fee will apply, with the remaining balance refunded; or
  • Pay at Counter: a $75 fee will be deducted from the card associated with the booking in the event of cancellation.

Between 4 – 9 days prior to pick up date

  • Paid Online: the full booking amount, up to a maximum of $150, will be applied, and any remaining balance, including extras, will be refunded; or
  • Pay at Counter: the full booking amount, up to a maximum of $150 will be charged to the card associated with the booking, minus any extras.

Less than 4 days to pick up date

  • Paid Online: 100% of the car rental will be retained, however any extras will be refunded; or
  • Pay at Counter: 100% of the car rental will be charged to the card associated with the booking, minus any extras.

No show (2 hours past pick up time)

  • Paid Online: 100% of the car rental will be retained, however any extras will be refunded; or
  • Pay at Counter: 100% of the car rental will be charged to the card associated with the booking, minus any extras.

Fuel Charge

$4.40 per litre in order to fill the tank. This may include a service component. The minimum fuel charge is $20.

Accident Related Charges (Administration Fee)

$250 (in addition to any applicable damage liability cost)

You will also be liable for the Damage liability costs outlined in the Alpha Hire Rental Agreement. If You do not purchase a Damage Cover fee reduction, and You have an Accident in the Vehicle, You may be charged up to the full Damage Fee of $5,000 for passenger vehicles or $6,600 for commercial vehicles.

Cleaning and Deodorising Fee

Up to $299.

You must return the vehicle in a suitable state of cleanliness.

Relocation Fee

$2.20 per kilometre

In addition to any and all other costs  associated with transporting or towing the vehicle to the Return Location).

Roadside Assistance Fee

$180 per instance

In addition to other associated charges, where You are at fault and roadside assistance is required.

Credit Card / Debit Card Surcharge

1.65% If you use a credit card or debit card to pay, there will be an additional surcharge.

Broken or Tampered Odometer Fee

32.5 cents per kilometre at 500kms per day. Plus, any cost of repairing or replacingthe odometer.

Kilometre Allowance

The Kilometre Allowance per day and Charge per Excess Kilometre Fee are indicated in the Alpha Hire Alpha Hire Rental Agreement under ‘Charges’. We will charge You the applicable Excess Kilometre Fee when You return the Vehicle.

Toll Facility Terms and Conditions

1. Your Toll Facility

  1. Your Toll Facility is provided to You by Us to enable You to pay Tolls and Fees relating to the Toll System in accordance with these Terms and Conditions
  2. In order to use Your Toll facility, You or Your Authorised Driver must travel in an Electronic Tolling Lane.
  3. You remain responsible at all times for the acts and omissions of any Authorised Driver, any other person using the Vehicle or any Authorised Representative using or operating Your Toll Facility, including for any Tolls and Fees they incur.

2. Your Vehicle is tag-less and the Vehicle registration plate is captured to identify when a Toll road is used.

  1. You must pay the following amounts to Us in connection with the use of Your Toll Facility:
    1. all Toll and related costs including the video matching fee (it is Your responsibility to be aware of all Tolls payable in connection with the use of a roll road); and
    2. the Service Fee for each Toll charge.
  2. You acknowledge that if You fail to pay any Tolls or Fees as required by these Terms and Conditions, We may refer that failure to a Credit Reporting Agency.

3. Payment methods and authority

3.1 Payment by Payment Method
  1. You:
    1. promise Us that You are authorised to use the Payment Method to meet Your payment obligations under these Terms and Conditions; and
    2. authorise Us to debit amounts from, or credit funds to, the Payment Method in respect of Tolls and Fees and other amounts payable to, or from our Terms and Conditions.
  2. We will debit Tolls and Fees from the Payment Method as soon as practicable after the relevant Tolls and Fees are incurred or, where applicable, notified to Us by a Toll road operator.
3.2 Dishonour Fee
  1. If:
    1.  there are insufficient funds available in the Payment Method to meet Your payment obligations under these Terms and Conditions; or
    2. a transaction on the Payment Method is declined for any reason save for:
        1. Our negligence or wilful misconduct; or
        2. a systems error,

      You will be charged a Dishonour Fee by Us and You (or, if relevant, the Payment Method Holder) may be charged fees, charges and interest by Your financial institution or, if relevant, the financial institution of the Payment Method Holder.

  2. You must ensure that You immediately provide Us with details for an alternative Payment Method, which can be used to meet Your obligations under these Terms and Conditions, and an authority for Us to debit the alternative Payment Method, if:
    1. the existing Payment Method is cancelled, suspended or is otherwise not useable; or
    2.  the existing Payment Method Holder cancels Your authorisation to use the existing Payment Method.

4. Errors in charging Tolls and Fees

  1. If We Us incorrectly credit You with or pay You an amount in connection with Your Toll Facility We may recover that amount from You provided that We have given You 10 days prior written notice of Our intention to do so.
  2. We will pay, within a reasonable time, any refund due to You in connection with Your Toll Facility by such method as We may reasonably choose.

5. Toll Facility Transaction Summary

Upon request, You will receive via Your nominated email on file a Transaction Summary itemising any charges made by Us.

6. GST

  1. Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
  2. If GST is stated as not to be inclusive, You are liable for any GST payable.

7. Definitions

In these Terms and Conditions, except where the context otherwise requires:

Alpha Hire Rental Agreement means the agreement entered into between You and Us comprising the document titled “Alpha Hire Alpha Hire Rental Agreement’ and any other document given to You by Us at Vehicle pick-up.

Authorised Driver means each You or any “Hirer”, “Customer”, “Driver” or “Additional Driver(s)” specified in Your Alpha Hire Rental Agreement.

Authorised Representative means an individual who is 21 years or older and who is authorised by You to use and access Your Toll Facility.

Credit Reporting Agency means a corporation that carries on a credit reporting business.

Dishonour Fee means a fee of $3.50.

Electronic Tolling Lane means a Tolling Lane which is designated as permitting the payment of Tolls by electronic means.

Toll Facility means the facility described in clause 1(a).

Fees means each of the fees and costs (and any taxes applicable to them) described in clause 2(a) of these Terms and Conditions.

GST has the same meaning as In a New Tax System (goods and Services Tax) Act 1999 (Cth).

Payment Method means a valid credit card or Master Card or Visa branded debit card nominated by You as the source of payment for all Tolls and Fees. We do not accept cash, cheques, EFTPOS cards, American Express or Diners Club.

Payment Method Holder means a person other than You who holds a Payment Method.

Service Fee means a fee of $3.50.

Toll means all Toll charges or other fees and charges imposed by the operator of a Toll road for, or taxes payable in respect of each Trip taken by the Vehicle during the period in which You have hired the Vehicle.

Tolling Lane means a lane on a roll road at a Toll collection point.

Tolls and Fees means all Tolls and Fees and any other payments, amounts or charges referred to in these Terms and Conditions.

Transaction Summary means a summary of the transactions (including the Tolls and Fees incurred) on Your Toll Facility.

Trip means the driving of a Vehicle past a Toll collection point.

Vehicle has the same meaning given to that term in Your Alpha Hire Rental Agreement.

We, Us, Our means Alpha Car Hire Trading Pty Ltd (ABN 49 650 425 568).

You and Your refers to the person(s) who have agreed to be bound to these Terms and Conditions and with whom the Alpha Hire Rental Agreement is made.

8. Interpretation

  1. headings are for convenience only and do not affect interpretation. Any use of the singular includes the plural and the converse applies. A gender includes all genders.
  2. any reference to dollars and $ is to Australian currency
  3. the word includes in any form is not a word of limitation.
  4. a reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity.

Alpha FlexiDrive Terms and Conditions

The Alpha Hire Rental Terms and Conditions impose important obligations on You. You should read this document carefully.

Download Terms & Conditions

1. Introduction

1.1 This is a legally binding motor vehicle subscription agreement between Alpha Car Hire Trading Pty Ltd (Alpha FlexiDrive, we, us, our) and you,(Subscriber, you, your).

1.2 Your Subscription Agreement (Agreement) with us consists of:

  1. these Subscription Terms and Conditions (Terms and Conditions);
  2. your Subscription Booking (including the Subscription Details and theSubscription Plan which is offered to you); and
  3. the Vehicle Condition Report.

You must comply with all the terms of the Agreement.

1.3 You must complete the Subscription Booking in its entirety and provide all information requested in the Subscription Booking (sufficient to satisfy us) including:

  1. true and accurate responses to all fields in the Subscription Booking;
  2. confirmation that you hold a valid, full drivers licence;
  3. your current residential address;
  4. debit or credit Card Details

1.4 The Agreement is governed by the laws of the state or territory in which we provide the Vehicle to you and you agree that courts in that State have non-exclusive jurisdiction to determine any dispute that arises between you and us.

1.5 The Australian Consumer Law applies to the Agreement, and it provides you with rights that are not excluded, restricted or modified by the Agreement. Any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

1.6 We may use and accept electronic signatures as a means of entry into the Agreement. When you, or we, insert an electronic signature, you consent to the use of this means acceptance of these Terms and Conditions without diminishing your obligations under the Agreement.

2. Subscription Registration

2.1 You must provide us with basic information and confirm your eligibility by answering questions about your driver’s license, residential address, date of birth, including the mandatory information required by clause 3 of these Terms and Conditions.

2.2 If a manual approval is required you must provide us with further information as they reasonably require, including but not limited to bank statements, utility bills and pay slips.

2.3 As part of your Subscription application, you will be required to pay a Security Deposit and accept the Agreement as confirmation that you have read and agree to be bound by these Terms and Conditions.

2.4 Your Subscription is considered active only when you collect the Vehicle from us. It is your responsibility to collect the Vehicle as soon as possible after you have made a booking in accordance with clause 6. Alpha will endeavour to make the vehicle available on the date requested in the booking.

2.5 You warrant and agree that:

  1. any information you provide as part of or ancillary to your Subscription Application, including your name, address and other identifying information is accurate, current and complete; 

3. Subscription Registration Requirements

3.1 To qualify for a Subscription you must meet all of the following requirements:

  1. be at least 25 years of age and not older than 75 years of age;
  2. b. hold a valid licence to drive the Vehicle which is:
    1. issued in an Australian state or territory or an international license (with a valid International Driving Permit or an approved translation into English if your license is not issued in English);
    2. appropriate for the class of the Vehicle; and
    3. not subject to any restriction or condition.
  3. Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle
  4. The vehicle must not be driven if your license or that of the Authorised Driver:
    1. is cancelled or suspended, including as a result of an accumulation of demerit points; or
    2. has been cancelled or suspended, within three (3) years of the date of the Alpha FlexiDrive subscription agreement.
  5. you must provide Alpha FlexiDrive and/or us with any documents they reasonably request, including but not limited to photo identification, proof of address and photocopies of your driver’s license or credit or debit cards; and
  6. you must provide Alpha FlexiDrive with an acceptable valid debit or credit card from which to direct debit the weekly or fortnightly payment and any fees and mileage charges.

3.2 You must immediately notify us of any:

  1. changes to Your contact details including Your phone number, address or email address;
  2. changes to Your nominated credit or debit card;
  3.  suspensions or cancellations of Your Driver’s Licence; or

3.3 You consent to Alpha FlexiDrive communicating with you electronically via your nominated email address (including by giving you any notice under this Agreement) and:

  1. you acknowledge and understand the risks associated with sending or receiving personal information via email;
  2. you agree to check your nominated email address regularly and that any notice or document we send to you by electronic communications will be deemed to have been received by you; and
  3. you accept that we are not required to send you paper documents and you are responsible for viewing, printing or saving documents or information which is sent to you electronically.

3.4 You must promptly respond and comply if we communicate with you via your email address or phone and make any reasonable request for you to do any act or provide information or documentation arising from or relevant to this Agreement.

4. Subscription

4.1 It is an essential and material condition of this Agreement that you:

  1. pay all Subscription Charges by credit or debit card when they become due;
  2. prevent any person who is not an Authorised Driver from accessing the Subscription services;
  3. not allow any other person, except an Authorised Driver, to drive the Vehicle; and
  4. maintain a current drivers license.

Any breach of this clause 4.1 is a Major Breach.

4.2 This Agreement will operate for the duration of your Subscription Plan.

4.3 You may terminate this Agreement and your Subscription Plan at any time by providing no less than 28 days written notice to us.

4.4 We may also terminate this Agreement and your Subscription Plan at any time and without cause by giving you three (3) days notice. In that event (and subject to any claim which we may have against you for unpaid Subscription Charges or Damage to the Vehicle):

i. retain possession of the Vehicle during the three (3) day notice period

4.5 We may terminate this Agreement and your Subscription Plan immediately and without notice to you if it reasonably believes that you have committed a Major Breach or any other material breach of this Agreement.

5. Bookings

5.1 On application you may select a Vehicle and nominate a commencement date for the Booking.

5.2 Each Booking is subject to these Terms and Conditions.

5.3 You must always comply with the conditions that are part of your Booking including strictly observing the times, dates and duration of your Subscription.

5.4 Your Subscription Plan may include an Early Return Fee. An Early Return Fee may be imposed if you return the Vehicle prior to the expiration of the notice period for termination of your Subscription Plan.

5.6 We reserve the right to:

  1. decline to activate your Subscription; and/or
  2.  deal with the Vehicle in any manner and in its absolute discretion,

at any time before you collect the Vehicle.

6. Vehicle Collection / Vehicle Condition Report

6.1 You must sign the Vehicle Condition Report before you take possession of the Vehicle, and we reserve the right to retain possession of the Vehicle until you do so. If you fail to sign the Vehicle Condition Report it is a breach of this Agreement.

6.2 Before you take possession of the Vehicle:

  1. you must inspect the Vehicle;
  2. you must ensure that any pre-existing damage is noted and shown in the Vehicle Condition Report; and
  3. you must sign the Vehicle Condition Report.

6.3 You will be prejudiced in your ability to dispute whether any Damage occurred during the Booking Period if you do not comply with the terms of this clause.

6.4 We recommend that you take photos of each side of the Vehicle, its front, rear and interior in case there is a dispute about Damage detected when the Vehicle is returned.

7. Conditions of Use of the Vehicle

7.1 Only you or an Authorised Driver may drive the Vehicle. If you or an Authorised Driver allow anyone who is not an Authorised Driver to drive the Vehicle, that constitutes a Major Breach of the Agreement and:

  1.  you and the Authorised Driver are excluded from any entitlement to Damage Cover indemnity; and
  2. the breach allows us to take immediate possession of the Vehicle.

7.2 The Vehicle must not be driven by You or an Authorised Driver:

  1. whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral
    fluid that exceeds the limit set by law;
  2. recklessly or dangerously; or
  3. whilst the Vehicle is damaged or unsafe.

7.3 You and any Authorised Driver must not:

  1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
  2. allow the vehicle to be driven by a provisional or probationary licence holder or learner driver
  3. use the Vehicle:
    1. for any illegal purpose;
    2. to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
    3. to propel or tow another vehicle or a trailer;
    4. to carry illegal drugs or substances;
    5. in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
    6. in an unsafe or un-roadworthy condition.

7.4 You and any Authorised Driver must not:

  1. damage the Vehicle deliberately or recklessly or allow anyone else to do so;
  2. modify the Vehicle in any way;
  3. sell, rent, lease or dispose of the Vehicle; or
  4. register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

7.5 You and any Authorised Driver must not use the Vehicle to carry:

  1. passengers for hire, fare or reward or for rideshare purposes;
  2. more than the number of passengers for which the Vehicle is licensed; or
  3. any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.

7.6 You or an Authorised Driver must not:

  1. use the Vehicle to transport any pets or animals except assistance animals; or
  2. smoke in the Vehicle and You must prevent any passenger from doing so.

7.7 Parts of Australia are not suitable for access by subscription vehicles. To prevent damage to the Vehicle and for your own personal safety we strictly enforce conditions that restrict your use of the Vehicle and unless We have given our prior written consent, you must never take the Vehicle:

  1. On any Unsealed Road;
  2. Above the Snow Line;
  3. Off Road;
  4. Between mainland Australia and Tasmania in either direction, or into or out of the Northern Territory or Western Australia;
  5. Onto any island that is off mainland Australia with the exception of
    1. Kangaroo Island;
    2. Bribie Island;
    3. Phillip Island;
  6. Through any river, stream, creek or tidal crossing;
  7. Through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the Vehicle unsafe;
  8. On any road where the police or any government or statutory authority has issued a warning, caution or which has been closed;
  9. Onto any road where We have notified You that the use of the Vehicle is prohibited;
  10. In Queensland
    1. North of Chillagoe or west of Georgetown;
    2. North of Cooktown or Laura;
    3. On the Burke Development Road;
    4. North of Maggieville;
    5. On Unsealed Roads north and west of Mt Isa;
    6. On the Bloomfield track; or
    7. On the Savannah Way

7.8 The Vehicle must never be driven or used on any island that is off mainland Australia unless we have given prior written permission.

7.9 You must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.

7.10 You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in a secure place at all times and must never be left in the ignition when the Vehicle is unattended.

7.11 You and any Authorised Driver must take reasonable care of the Vehicle by:

  1. preventing it from being damaged;
  2. making sure that it is protected from the weather;
  3. maintaining the engine and brake oils and coolant level and tyre pressures;
  4. using the correct fuel type; and
  5. making sure it is not overloaded.

7.12 You must pay for the fuel costs incurred for the use of the Vehicle.

8. Maintenance & Repairs

8.1 We will notify you when the Vehicle is due for a service and as directed by us you must arrange (within a reasonable timeframe – 3 weeks) to take the Vehicle to a service provider who is approved by us for the purpose of repairs or maintenance, including for the purpose of servicing the GPS tracking device. Failure to get the vehicle serviced timeously will result in a Major Breach and the contract may be terminated. Should We suffer any damage as a result of the service not being performed timeously, You will be liable for the full cost.

8.2 Where the vehicle has been taken in for service and we have determined the Vehicle cannot be driven or used due to repair or other work on the Vehicle, a courtesy or replacement Vehicle may be provided only where the expected duration of the repair or work on the Vehicle exceeds 2 Business Days. We are not required to make available to you a courtesy or replacement Vehicle while repairs or other work is being performed on the Vehicle and the decision to do so (or refrain from doing so) is at the sole discretion of Alpha. A courtesy or replacement Vehicle (if offered to you) may be collected by you from us in accordance with clause 6.

8.3 You and any Authorised Driver must notify us immediately (using contact details available on our website https://alphaflexidrive.com.au/contact-us), if:

  1. a warning light is activated or a fault message appears in the Vehicle;
  2. you see or become aware of low engine or brake oils, or engine coolant levels;
  3. the Vehicle develops any fault during the Subscription Period; or
  4. the GPS tracking device is removed or otherwise ceases to function. If you fail to notify us before the end of the next Business Day and continue to use the Vehicle you will be responsible for any Damage or Third Party Loss.

8.4 You must not let anyone repair or work on the vehicle or tow or salvage it without our prior written authority from Alpha.

8.5 Where we have given you prior authority you must keep and produce to us the original tax invoices and receipts for any repairs, towing or salvage.

8.6 Reimbursement of expenses under clause 8.4 will only be paid to you if:

  1. those expenses have been pre authorised by Alpha;
  2. you produce to Alpha the original tax invoices and receipts for any repairs, towing or salvage;
  3. you have not committed a Major Breach of the Agreement; and
  4. you have paid all fees, including your Subscription Charges. we reserve the right to refuse reimbursement until your Subscription is in good order with no overdue fees.

8.7 You and any Authorised Driver must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

8.8 Except for the items which have been authorised by us in accordance with clause 8.4, we do not reimburse any other costs incurred by you arising from or in connection with repairs to or maintenance of the Vehicle (including taxi fares, hire car costs, and similar expenditure).

9. Toll Charges

9.1 You must pay for the toll road operator for the use of the Vehicle on toll roads and it is your responsibility to fit an electronic tag (e-tag) to the Vehicle and promptly pay all toll road fees and charges.

9.2 You must notify us of the e-tag number fitted to the Vehicle.

9.3 If you fail to fit an e-tag or the e-tag is not recognised by a toll road, we will nominate You as the driver and responsible party. You will be charged an Administration fee. We may charge you the toll fee, a number plate recognition fee and a Toll Processing Fee for each toll fee incurred.

10. Damage Cover

10.1 You will receive the benefit of our insurance with our insurer in respect of damage to the Vehicle or damage to any third-party property other than any property owned by You (or any friend, relative, associate or passenger) or any property in Your physical or legal control as long as You:

  1. have paid the minimum Liability Waiver set out in the Subscription Plan (regardless of who is at fault);
  2. are not in breach of the Subscription Plan and have not caused any other person to have acted in a manner which is in breach of the Subscription
    Plan;
  3. are not covered under any other policy of insurance; and have provided such information and assistance as may be requested by the Company’s insurer. Should you select the option to reduce your damage excess, and provided all of your fees and subscription payments are up to date, you may be eligible to a courtesy vehicle for the duration of the repair. For sake of clarity, you will need to continue paying your subscription payments in line with your Agreement.

10.2 If cover is provided, You authorise our insurer, at its sole discretion, to defend or settle any legal proceedings. Our insurer has the sole conduct of any proceedings. Any such proceedings are brought or defended in Your name or the name of the Authorised Driver at the time of the accident.

10.3 Regardless of whether cover is provided, we may charge You for losses during the period the Vehicle is unavailable for rent due to repairs.

10.4 Subject to these Terms and Conditions, you may reduce the Damage Excess payable for each Accident or theft claim from $5,000 if:

  1. you are paying a weekly / fortnightly Liability Protection fee as part of your Vehicle Subscription at the time of the Accident or theft; and
  2. your Vehicle Subscription payments are not in arrears or overdue on the date of the Accident or theft.

10.5 The Damage Excess payable under clauses 10.1, 10.2 and 10.3 will be charged to your provided payment method.

10.6 If the Damage Excess is payable by you and if it is not paid, this amount will be deemed to be a default in payment under clause 15.7.

10.7 If we recover in full the loss arising from Accident or Theft or if the costs arising from Damage to the Vehicle is less than the Damage Excess, then the unused portion of the Damage Excess will be refunded to you.

11. Damage Cover Exclusions

11.1 There is no Damage Cover and You and any Authorised Driver are liable for:

  1. Damage or Third Party Loss arising from:
    1. a Major Breach of the Agreement; or
    2. the use of the Vehicle by any driver who is not an Authorised Driver;
  2. Overhead Damage;
  3. Damage caused from hitting an animal(s):
  4. Hail Damage:
  5. Interior Damage;
  6. Underbody Damage;
  7. Reversing Damage; and
  8. Damage caused by immersion of the Vehicle in water.

11.2 There is also no Damage Cover for:

  1. the full cost of replacing or repairing any accessories supplied by us including, but not limited to GPS units, lost keys, keyless start and remote control devices; and
  2. personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of you, your relatives friends or employees. of:

12. Vehicle Return

12.1 When you decide to end your Subscription, you must inform us that you want to return the Vehicle and you must notify us by no less than 28 days advance notice or pay the equivalent of 28 days Subscription Charges. You must return the Vehicle to us only at the time and location which has been agreed between you and us (the Return Booking), subject to clause 12.3.

12.2 It is a condition of every Return Booking that the Vehicle must be returned:

  1. only to an authorised vehicle depot of ours; and
  2. only during our Business Hours.

12.3 If you want to vary the Return Booking of the Vehicle:

  1. you must give a minimum of 24 hours notice to Alpha;
  2. you must request an alternative time/location for return and reach agreement with us as to a suitable alternative; and
  3. we will use reasonable efforts to accommodate your request for a variation (but cannot guarantee that it will agree to any alternative which you may request).

12.4 If you fail to return the Vehicle in accordance with the Return Booking:

  1. We may terminate the Agreement and remotely disable the Vehicle using a telematics device and:
    1. if the Vehicle’s location is known, we may repossess the Vehicle from its current location and if the Vehicle is located on your premises you give us permission to access and enter your premises to do so; and
    2. if the Vehicle’s location is unknown, after making reasonable attempts to contact you, we will report the Vehicle as stolen to the Police.

12.5 You must pay all costs and charges associated with recovery and repossession of the Vehicle. These costs and charges may include:

  1. towing, recovery and storage charges;
  2. release fees claimed by third parties, including from any compound where the Vehicle has been lawfully seized and/or stored by a regulatory authority; and
  3. repossession agent’s fees.

12.6 You must return the Vehicle:

  1. to the location and at the time agreed between you and us;
  2. in the same condition it was in at the beginning of the Booking Period;
  3.  cleaned; and
  4. with a full tank of fuel.

12.7 If you return the Vehicle with less than a full tank of fuel, a Refuelling Fee will apply as per the current rates on our website.

12.8 You must not:

  1. return, or purport to return the Vehicle outside of our business hours or otherwise at a time or a location which has not been agreed between
    you and us;
  2. park or abandon the Vehicle at or near our location and depart without having a face to face interview with our representative and otherwise complying with the process described in this clause 12.

12.9 You must pay:

  1. any outstanding charges;
  2. the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle has been stolen;
  3. any costs incurred by us, including extra cleaning costs, in reinstating the Vehicle to the same condition it was in at the commencement of the Subscription Period, fair wear and tear excluded;
  4. the replacement cost or incurred loss for the of replacement of the service logbook or other accessories supplied to you at the commencement of the Subscription, if the Vehicle is returned to us without these items;
  5. for all Damage arising from a Major Breach of the Agreement;

12.10 In all cases where Alpha manages repairs to the Vehicle, you must remove all of your personal property from the Vehicle when you return the Vehicle and you acknowledge that we are not responsible for any personal property remaining in the Vehicle thereafter. If the Vehicle has been repossessed pursuant to clause 12.4(a) it is your responsibility to contact Alpha and to arrange collection of any personal property left in the Vehicle (during Business Hours). We reserve the right to dispose of any personal property which has not been collected after seven (7) days.

12.11 You must sign the Vehicle Condition Report at the time of returning the Vehicle. If you fail to sign the Vehicle Condition Report at the time of Vehicle Return, you will not be able to dispute whether you are responsible for Damage allegedly incurred to the Vehicle during the Subscription Period.

12.12 If, at the time of returning the Vehicle, the Vehicle is not in the same condition as when you took possession of it (fair wear and tear excluded) then you are responsible for all costs incurred by us to return the Vehicle to that condition, including costs of replacement of any Vehicle accessories supplied to you when you took possession.

13. Financial Obligations

13.1 All Subscription Charges and other fees imposed by Alpha under the terms of this Agreement are inclusive of GST unless otherwise stated. All Subscription Charges must be paid in advance either weekly or fortnightly as agreed.

13.2 At the start of the Subscription Period you must pay a Security Deposit as security for fees and charges that may be incurred during the Subscription Period and other wise under the terms of this Agreement.

13.3 For amounts owing to us pursuant to this Agreement, you authorise Alpha FlexiDrive and/or us to charge any provided payment method, (for example, your credit card).

13.4 A valid payment method must be provided to Alpha FlexiDrive at all times.

  1. You are not permitted to revoke authorisation to charge any provided payment method unless a valid alternative payment method is provided to Alpha FlexiDrive and us; and
  2. You must provide at least seven (7) days written notice via email to us to remove any provided payment method from your Subscription Plan

13.5 A kilometre limit applies to your use of the Vehicle according to the Subscription Plan you have selected.

  1. For each instance when you exceed the kilometre limit shown in the Subscription Plan you will incur an additional Kilometre Usage Fee per kilometre in excess of the limit travelled depicted by your selected package which will be debited with your next Subscription Charge or invoiced to you if this Agreement has been terminated.
  2. The kilometre usage is calculated according to the same time periods as the applicable Billing Cycle shown in the Subscription Plan.
  3. The kilometre usage is typically calculated based on GPS location data and may not reflect the kilometre usage as shown by the Vehicle or the odometer shown in your Agreement.
  4. Kilometre usage does not roll over Billing Cycles. Any unused kilometres within a Billing Cycle period are forfeited.
  5. An administrative fee of $500 applies where the GPS unit has been tampered with or removed. Where a GPS unit has been tampered with or removed, excess kilometre fees will be payable and those fees will be the greater of:
    1. the maximum weekly kilometre limit of your Subscription Plan for the duration that the GPS unit has been tampered with or removed; or
    2. the calculated kilometres travelled based on the last known locations of the Vehicle.

13.6 Amounts owing to us pursuant to this Agreement accrue interest at the rate of 20% per annum commencing 28 days after the amount became due.

13.7 Late payments.

  1. If we are not able to debit your nominated credit card for Subscription Charges and other fees imposed by us under the terms of this Agreement then, in addition to any other rights which we may have under this Agreement, we may:
  2. Make three further attempts to debit your account within the first seven (7) days after the payments become due; and
  3. charge you administrative fee of $35 which applies to all late payments that are more than seven (7) days overdue, (which compensates us for the extra labour and associated costs of contacting you whenb payments are overdue);
  4. require immediate payment of all Subscription Charges and other fees imposed by us under the terms of this Agreement; and
  5. engage a debt collection agency to recover outstanding amounts at your cost.

13.8 Default in payment

  1. If you default in payment of any moneys owed to us under the Agreement for a period of 10 days or more:
    1. after providing you with reasonable notice, we may remotely disable the Vehicle using the telematics device that enables it to be remotely disabled to prevent the Vehicle being started;
    2. we may repossess the Vehicle without using unreasonable force and you give us permission to access and enter your premises to do so; and
    3. you authorise us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on you. Personal information may be used and
      disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about you, including defaults in excess
      of 60 days and the debt owed to us.

13.9 If you initiate a chargeback which is subsequently shown to be unfounded we reserve the right to charge you a reasonable fee (not greater than $50) to cover our administrative costs of processing the chargeback and additionally any processing or other fee which has been imposed upon us by a third party payment processor in connection with the unfounded chargeback.

14. Breakdowns

14.1 Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents).

14.2 If you experience a breakdown and require roadside assistance, you must:

  1. contact the roadside assistance provider directly, to arrange that assistance (using the contact details which are provided with the Vehicle, or otherwise accessible via our website; and
  2. notify us within 24 hours, using the contact details provided at the end of these terms and Conditions Provided there has not been a Major Breach the roadside assistance provider will supply all practical assistance as soon as practicable.

14.3 we are not responsible for and there is no roadside assistance for:

  1. damage as a result of use of the incorrect fuel type;
  2. a flat battery because the lights, accessories or entertainment system have been left on without the engine running;
  3. a flat battery where the Vehicle has not been used for more than 3 consecutive days;
  4. tyre changing or replacement as a result of a puncture or damage to the wheel;
  5. lost keys or remote control device; or
  6. keys or remote control device locked in the Vehicle.

14.4 Extra charges will apply if any of these services are provided at your request.

15. Accident & Theft Reporting

15.1 If you or any Authorised Driver have an Accident or if the Vehicle is stolen you must, in addition to complying with your obligations under applicable laws:

  1. report the Accident or theft to Alpha in writing via email within 24 hours of it occurring; and
  2. fully complete a Damage Report form.

Failure to report an Accident/Theft is a Major Breach of this Agreement.

15.2 You and any Authorised Driver must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

15.3 If the Vehicle is damaged in an accident, you must follow reasonable instructions given by us with respect to the Vehicle and you must cooperate with us to enable the Vehicle to be moved to a secure place for repair.

15.4 If the Vehicle is stolen or if you have an Accident where:

  1. any person is injured;
  2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
  3. the other party appears to be under the influence of drugs or alcohol, you and any Authorised Driver must report the theft or Accident to the Police.

15.5 If you have an Accident you must:

  1. exchange names and addresses, telephone numbers and email addresses with the other driver;
  2. take the registration numbers of all vehicles involved;
  3. take as many photos as is reasonable showing:
    1. the position of the Vehicles before they are moved for towing or salvage;
    2. the Damage to the Vehicle;
    3. the damage to any third party vehicle or property; and
    4. the general area where the Accident occurred, including any road or traffic signs;
  4. obtain the names, addresses and phone numbers of all witnesses;
  5. not:
    1. make any admission of fault;
    2. promise to pay the other party’s claim; or
    3. release the other party from any liability;
  6. forward all third party correspondence or court documents to us within 7 days of receipt; and
  7. co-operate with us in the prosecution and or defence of any legal proceedings (whether instituted by us or not) arising from or as a result of an Accident, including attending:
    1. Our lawyer’s office; or
    2. any Court hearing.

15.6 If the Vehicle suffers Damage in an accident or if the Vehicle is stolen, you must continue to pay the Subscription Charges until the earlier of the following events:

  1. you pay the Damage Excess; or
  2. the Damage has been repaired; or
  3. the Vehicle has been replaced (but only if the Vehicle has been stolen or declared a total loss because it suffers Damage that cannot be repaired).

15.7 Your entitlement to Damage Cover will be reduced, including to nil, according to the extent We are prejudiced as a direct result of any delay in complying with the reporting obligations in clauses 15.1 and 15.5

15.8 If the Vehicle is stolen or suffers Damage that is not capable of repair, then, provided that you have not committed a Major Breach of this Agreement, and the Damage Vehicle Liability has been paid, the Subscription Agreement for the Damaged Vehicle will terminate and you will have the option of entering into a Subscription Agreement for another Vehicle.

16. Repossession Of The Vehicle

16.1 If this Agreement or your Subscription Plan is terminated by Alpha under clause 4.5, we may require you to return the Vehicle using the process described in clause 12 or, alternatively, we may repossess the Vehicle from you or any Authorised Driver, and you will be liable for the cost of repossession, any costs to make good any Damage to the Vehicle on collection, and any unpaid or overdue Subscription Charges and other fees imposed.

16.2 Notwithstanding clause 4.5, we, its agents, contractors or representatives may immediately terminate this Agreement and repossess the Vehicle without notice to you if:

  1. you have illegally parked the Vehicle for longer than 24 hours;
  2.  you have disconnected, damaged, or removed the GPS unit from the Vehicle;
  3. you have committed a reckless breach of applicable road and traffic laws;
  4. the Vehicle is apparently abandoned; or
  5. payments due from you to us are in arrears for ten (10) days and are not received within three (3) days of being demanded in writing by us;

16.3 If this Agreement or your Subscription Plan is terminated by you under clause 4.3 then you must return the Vehicle on expiry of the notice period. If the Vehicle is not returned, we may immediately repossess the Vehicle without further notice to you.

16.4 If we, or any of its agents, contractors or representatives repossess the Vehicle in accordance with this Agreement, you agree to indemnify us for the costs (including but not limited to any legal costs) incurred by us and any of its agents, contractors or representatives in repossessing the Vehicle and/or recovering any payments in arrears from you (including towing costs).

17. Consequences Of A Major Breach Of The Agreement

17.1 If you or any Authorised Driver commit a Major Breach of these Terms and Conditions:

  1. you and any Authorised Driver have no Damage Cover and will be personally liable for all Damage, theft of the Vehicle and Third Party Loss; and
  2.  acting reasonably, we may terminate the Agreement and take immediate possession of the Vehicle; and
  3. you will be responsible for any costs or expenses or any other liabilities arising from the breach;

18. Privacy

18.1 The Vehicle is fitted with a telematics device that enables Alpha FlexiDrive and us to track the Vehicle, including the Vehicle’s location, speed and other features relevant to driver behaviour. When you sign the Subscription Application you authorise Alpha FlexiDrive and us to use the GPS Tracking Device to track the Vehicle’s location, speed and other features until it is returned to us.

18.2 Alpha FlexiDrive is committed to complying with the Australian Privacy Principles. You may access the Privacy Policy on our website here: https://alphaflexidrive.com.au/privacy-policy/.

18.3 When Alpha FlexiDrive collects your personal information it is only for the purpose of implementing this Agreement. This includes, but is not limited to, for the purpose of insurance, roadside assistance, employment references and debt collection. If you choose not to provide this information to Alpha FlexiDrive and/or us the Subscription may not be able to be provided to you.

18.4 Alpha FlexiDrive takes reasonable steps to ensure your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

19. Definitions

Accident means an unintended and unforeseen incident, including:

  1. a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;
  2. rollover of the Vehicle;
  3. a weather event, including hail Damage,

that results in Damage or Third Party Loss.

Authorised Driver means a driver who;

  1. meets the requirements of clause 3.1, and is approved by us prior to the commencement of the Subscription; or
  2. is otherwise approved by us to drive or take possession of the Vehicle.

Business Day means a day when we are open for business in the state where the Vehicle is supplied to you. This may include weekends and public holidays.

Business Hours means the times (on a Business Day) when we are open for business in the state where the Vehicle is supplied to you.

Damage means:

  1. any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;
  2. towing and salvage costs;
  3. assessing fees;
  4. claims administration fee; and
  5. Loss of Use,

Damage Excess means the amount, including GST, which you must pay us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered.

Early Return Fee means the charges payable by you as specified in this Agreement to return your Vehicle before the minimum term that applies to your Subscription Plan.

GPS Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed and fuel levels.

we, us, our, means Alpha FlexiDrive Trading Pty Ltd (ABN 49 650 425 568). Our contact details are:

Loss of Use means the loss we incur because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach means a breach that causes Damage, theft of the Vehicle or Third Party Loss.

Off Road means any area that is neither a sealed or an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Overhead Damage means:

  1. Damage at or above the level of the top of the front windscreen of the Vehicle; or
  2. Third Party Loss caused by,
    1. contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
    2. objects being placed on the roof of the Vehicle; or
    3. You or any person standing or sitting on the roof of the Vehicle.

Refueling Fee means the charges payable by you as specified in this Agreement if you return the Vehicle with less than a full tank of fuel.

Security Deposit means the amount we collect from you at the commencement of the Subscription Period as security for payment of the Subscription Charges incurred by you (without limiting any remedy which may be available to us if Subscription Charges are not paid).

Subscription Charges means all of the charges, monies or fees of any kind (including GST) payable to us and Alpha FlexiDrive for the use of the Vehicle under the terms of this Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Toll Processing Fee means the charge payable by you as per the current rates on our website.

Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including curbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

Vehicle means the Vehicle described in the Vehicle Condition Report and includes its parts, components and accessories, including the GPS unit.

Vehicle Condition Report means the report which describes in detail the condition of the Vehicle (i) at the time when you collect the Vehicle from us and (ii) when you return the Vehicle to us.

You, Your means the person, whether it is an individual, a firm or company or government agency whose name is shown in the Subscription Application.

Additional Rates & Fees

In addition to the rates specified above, you agree to pay the following additional rates and fees should they be applicable.

Cancellation Fee – A cancellation fee of $250.00 applies where you have paid a refundable security deposit but failed to activate your Subscription due to change of mind or otherwise not due to any fault of Alpha.

Tolls – A toll processing fee applies where subscription customer has incurred a toll fee for your subscribed vehicle during your subscription period. The toll processing fee includes the toll fee, a number plate recognition fee and an administration fee of $3.50 per toll. We may charge an Admin Fee for unpaid tolls which needs to be administered by Alpha.

Additional Kilometre Usage – Depending on your selected package, there will be an extra charge for additional kilometres, calculated in arrears based on the monthly kilometre limit of the chosen subscription plan and itemised on the next invoice. Usage is calculated using GPS data and may not reflect the vehicle odometer. Kilometre limit applies as per the chosen billing cycle. Kilometre limit is smoothed for the duration of the billing cycle. Any unused kilometres within a Billing Cycle period are forfeited.

Late Payment Fee – A late fee of $35.00 is applied when an invoice becomes more than 7 days overdue.

Infringement Notice Fee – An infringement notice fee of $99.00 will be incurred for each infringement notice processed.

Credit or Debit Card Transaction Fee – A 1.65% transaction fee will appear itemised on each invoice when the default payment method is a credit or debit card.

Payment Dispute Fee – If you initiate a chargeback which is subsequently shown to be unfounded a $50.00 administration fee is applicable to cover our administrative costs of processing the chargeback and additionally any processing or other fee which has been imposed upon us by a third-party payment processor in connection with the unfounded chargeback.

Fines and Infringements – If you receive a find for speeding, parking illegally, littering or otherwise incur any other type of traffic related fine or infringement whilst using an Alpha vehicle, You will be responsible for paying this fine in addition to the administration processing fee of $99 per infringement notice.

Accident related Administration Fee – You will be liable for a Damage Administration fee of $250 per damage claim that arises from an accident or otherwise, regardless of fault.