RYDERSXCHANGE VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS
This agreement (“Agreement”) is between the vehicle owner (“Host”) and the renter (“Guest”) identified during the booking process on the RydersXchange platform (collectively, “you” or “the parties”), facilitated by RydersXchange (“the Platform”). The Agreement governs the rental of the motor vehicle described in the booking confirmation (“the Vehicle”), including all accessories, tools, tires, and equipment, and any replacement vehicle provided during the rental period.
1. VEHICLE CONDITION AND RETURN
The Host confirms that the Vehicle is delivered to the Guest in good operating condition, with all accessories, tools, tires, and equipment as listed in the booking. The Guest agrees to:
- Return the Vehicle in the same condition (except for ordinary wear and tear, NOT INCLUDING WINDSHIELD OR TIRE DAMAGE) to the Host at the location and time specified in the booking, or earlier if requested by the Host or RydersXchange.
- Notify the Host and RydersXchange immediately via the platform if any issues arise during the rental.
RydersXchange or the Host may repossess the Vehicle at the Guest’s expense if it is illegally parked, used in violation of the law or this Agreement, or appears abandoned. If the odometer seal is broken, the Guest will be reported to the appropriate authority and charged extra fees based on 500 kilometers per day at $0.50 per kilometer.
Note: Any extension of the rental period must be requested through the RydersXchange platform and approved by the Host in advance. Failure to do so may result in the Vehicle being reported as stolen.
2. UNAUTHORIZED AND PROHIBITED USE
Persons Who Must Not Drive the Vehicle:
- Anyone not listed as an authorised driver in the booking or approved by the Host via the RydersXchange platform.
- Anyone without a valid driver’s license for the Vehicle class.
- Anyone with a blood alcohol concentration exceeding the legal limit.
- Anyone who has provided false information (e.g., name, age, address, or license details).
- Anyone whose license has been canceled, endorsed, or suspended within the last three years.
- Anyone under the legal driving age.
- Overseas visitors without a valid license (if not in English, a certified English translation must be provided).
Prohibited Uses of the Vehicle:
- Outside the geographic limits specified in the booking.
- On unsealed roads or off-road conditions unless explicitly permitted by the Host in the booking details.
- To transport passengers for hire, or to carry flammable, explosive, or corrosive materials, unless authorised by the Host.
- To tow or propel any vehicle, trailer, or object without Host approval via the platform.
- To carry more passengers or a heavier load than legally permitted, or to use the Vehicle for a purpose it wasn’t designed for.
- To transport pets or animals without Host approval.
- For motorsport events (e.g., racing, time trials, or preparation for such events).
- In a dangerous manner or in violation of traffic laws or for any illegal purpose.
3. FINANCIAL OBLIGATIONS
Joint Responsibility: Both Host and Guest are jointly and severally responsible under this Agreement.
The Guest authorises RydersXchange to charge the payment method on file (and will pay any outstanding balance on demand) for:
- All rental fees, additional charges (e.g., fuel, late fees), and taxes as outlined in the booking.
- Any parking or traffic violations incurred during the rental period, including fines claimed by the Host or authorities, until the Vehicle is returned.
- A portion of the security deposit ($200) may be held for up to 30 days post-rental to cover potential fines or violations.
- All loss or damage to the Vehicle (including loss of use), third-party damages, legal fees, towing, recovery, storage, and RydersXchange service fees if:
- Any term of this Agreement is breached.
- The Vehicle is involved in a single-vehicle accident (unless covered by insurance or waived by the Host).
- The Vehicle is left unlocked, keys are left inside, or the keys are not kept secure.
- Underbody, interior, or tire damage occurs (beyond normal wear), or the Vehicle is damaged by water immersion, low clearance objects, or improper loading/unloading.
- The Guest fails to maintain fluid/fuel levels or report defects to the Host and RydersXchange immediately.
Payment Note: If payment is made via a third party (e.g., a corporation) and they fail to pay, the Guest is responsible for the full amount due upon demand.
4. DAMAGE COVER AND INSURANCE
RydersXchange provides optional insurance coverage for Guests, subject to the terms selected during booking. If the Guest complies with this Agreement and any applicable insurance policy:
- Coverage may include damage to the Vehicle and third-party damages (excluding property owned by the Guest, their relatives, or associates).
- The Guest must pay the excess/deductible per incident as specified in the booking.
- Coverage does not apply if:
- The Guest breaches this Agreement.
- The Guest is covered by another insurance policy.
- The Guest must provide all necessary information and assistance to RydersXchange or its insurers, including authorising legal proceedings if required.
Host Responsibility: Hosts are responsible for maintaining their own insurance per RydersXchange’s Host Terms of Service. Any disputes regarding damage or coverage will be mediated through the platform.
5. GENERAL PROVISIONS
- Incident Reporting: The Guest must report any loss, damage, or incident involving the Vehicle to the Host and RydersXchange via the platform immediately and notify the police or relevant authorities as required.
- Liability Release: The Guest releases RydersXchange, its agents, and the Host from claims for loss or damage to personal property left in the Vehicle, whether due to negligence or otherwise.
- No Agency: No driver or passenger is an agent, servant, or employee of RydersXchange or the Host.
- No Warranties: RydersXchange provides no express or implied warranties regarding the Vehicle’s condition, merchantability, or fitness for a particular purpose, beyond what is required by law.
- Waivers: No rights of RydersXchange or the Host under this Agreement may be waived except in writing via the platform.
- Interpretation: Terms in this Agreement apply to all genders and numbers (singular/plural) as applicable.
6. FUEL POLICY
The Guest must return the Vehicle with the same fuel level as at the start of the rental, as noted in the booking. If the fuel level is lower, the Guest will be charged for the difference at a rate that may include a service fee, unless otherwise agreed with the Host.
7. PERSONAL ACCIDENT INSURANCE (Optional)
If the Guest opts for Personal Accident Insurance during booking and pays the applicable fee, coverage applies as per the policy terms. Acceptance of the fee is proof of coverage. A copy of the policy is available on the RydersXchange platform for review.
8. INDEMNITIES
8.1 Indemnity: The Guest agrees to indemnify the Host, RydersXchange, and their respective agents against all liability, loss, claims, costs, and expenses (including legal fees) arising from:
- The Guest’s use of the Vehicle, including negligence by the Guest or others.
- Any breach of this Agreement.
- The condition, repair, storage, or possession of the Vehicle during the rental.
8.2 Survival: These indemnities remain in effect after the termination or expiration of this Agreement.
9. WARRANTIES AND REPRESENTATIONS
The Guest warrants that:
- They have the authority to enter this Agreement and comply with its terms.
- All information provided to RydersXchange and the Host is accurate and complete.
- They hold all necessary licenses and permits to operate the Vehicle.
- The rental does not violate any laws or regulations.
10. PERSONAL PROPERTY SECURITIES ACT (PPSA)
10.1 Definitions: “PPSA” refers to the Personal Property Securities Act 2009 and its regulations.
10.2 Security Interest: The Host may register a security interest in the Vehicle under the PPSA. The Guest must assist with registration and perfection of this interest as required.
10.3 Additional Rights: The Host may seize, sell, or dispose of the Vehicle if the Guest defaults on this Agreement, in addition to PPSA rights.
10.4 Exclusions: Certain PPSA provisions (e.g., sections 95, 96, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142, 143) are excluded as permitted by law.
10.5 Sub-Hire Restrictions: The Guest may not sub-hire, lend, or part with possession of the Vehicle without the Host’s written consent via the platform. Any approved sub-hire must comply with PPSA requirements and RydersXchange’s terms.
10.6 Waivers: The Guest waives their right to receive a PPSA verification statement and agrees not to disclose PPSA-related information without consent.
11. GOODS AND SERVICES TAX (GST)
11.1 Definitions: Terms like “GST,” “tax invoice,” and “taxable supply” have meanings as defined in the A New Tax System (Goods and Services Tax) Act 1999.
11.2 GST Application: Unless stated otherwise, all amounts under this Agreement exclude GST. If GST applies, RydersXchange may charge an additional amount (consideration × GST rate), payable with a valid tax invoice.
11.3 Reimbursements: If the Guest must reimburse the Host or RydersXchange for expenses, the amount will include any applicable GST, net of input tax credits.
11.4 Invoices: Payment of GST may be withheld until a valid tax invoice or adjustment note is provided.
12. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the state or territory where the Host is located, as specified in the booking. Both parties submit to the non-exclusive jurisdiction of the courts in that state or territory.