Rental Agreement

Signing and agreeing to this Rental Agreement: Submission by you (the person with whom this Rental Agreement is made) of a hire order through our website, the Eco Easy app, or in person constitutes an order to hire the Hire Vehicle from Eco Easy Group Pty Ltd ACN 656 936 239 (Eco Easy) on the terms of this Rental Agreement. You agree to the terms of this Rental Agreement by submitting your hire order. Your Rental Agreement will come into effect if Eco Easy issues you an order confirmation by email, in person, or through the Eco Easy app. Eco Easy will not supply the Hire Vehicle to you unless you sign a copy of this Rental Agreement. No other terms and conditions will apply to your Rental Agreement, including any you purport to make when placing your order. Eco Easy reserves the right to request you sign a physical or further digital copy of your Rental Agreement when collecting the Hire Vehicle. Each copy of the Rental Agreement will constitute a counterpart copy of the same Rental Agreement.

Your Hire: You agree to hire the Hire Vehicle on and subject to the agreed details set out in your order confirmation.  

Making changes: You may request a change to any of the agreed details in your order confirmation, such as pick up or drop off location, hire period, vehicle type, special requests, etc. Eco Easy will endeavour to accommodate any such requests where it can, but without any obligation to do so, and it reserves the right to cancel and reissue a new Rental Agreement in doing so, including in relation to any additional charges. No changes will come into effect and the existing Rental Agreement terms will apply until the new Rental Agreement is signed by you and Eco Easy issues a new order confirmation to you.

Cancelling your Rental Agreement: You may cancel your Rental Agreement by emailing contactus@easytruckrentals.com.au at any time. If you cancel your Rental Agreement without due cause after receipt of your order confirmation you will still be charged for part or all of the amounts set out in your Rental Agreement, as set out in our fee schedule. Eco Easy may also cancel your Rental Agreement and pursue you for the amounts set out in your Rental Agreement if Eco Easy cannot process a pre-payment, deposit, instalment, or other amount on your chosen credit card.

Changes made by Eco Easy: Eco Easy may substitute a vehicle that is substantially similar to the one set out in your order confirmation or decline a special request, such as a satnav, at any time before you take delivery of the Hire Vehicle. If an additional charge has been made for a special request item that is no longer available, then Eco Easy will refund the relevant amount to your chosen credit card. If you cancel your Rental Agreement due to a change made by Eco Easy, then clause 4 will apply.

Collection obligations: You must complete all collection obligations before your hire will begin, as directed by your Eco Easy representative. Please bring all required documentation as emailed by Eco Easy. Failure to do so may result in Eco Easy cancelling your booking and charging you part or all of your fees set out in your Rental Agreement, as set out in our fee schedule.

Your Inspection Obligations: You must return the Hire Vehicle to us in the same condition you received it and otherwise in the condition noted on the condition report. You must inspect the Hire Vehicle at collection, and sign off on all pre-existing damage to the Hire Vehicle noted in the condition report. You agree that you will be liable for any damage, cleanliness, or untidiness to the Hire Vehicle that is not noted in the condition report. You agree that it is your responsibility to prove that the Hire Vehicle was not damaged in your possession.

Use of trip cover: If you have taken out trip cover for the Hire Vehicle and there is any damage or loss incurred to the Hire Vehicle you are responsible for under this Rental Agreement, then you must make a claim on your trip cover policy in relation to that damage or loss. If you fail to do so within 3 business days of our written request to you, then you authorise Eco Easy to act as your attorney and to make a claim in your name on your trip cover. You will be solely responsible for paying any excess in relation to a trip cover claim. If the damage or loss is equal to or less than your excess, then you authorise us to deduct a charge for the damage or loss from your chosen credit card. If the trip cover does not pay out for any reason, then you authorise us to deduct from your chosen credit card the cost of the damage and loss you are responsible for. If the amount you pay for the damage or loss is less than the actual damage or loss incurred or Eco Easy receives recompense for that damage or loss from a third party or insurer, then Eco Easy will reimburse any overpaid amount to your chosen credit card. 

Your liability: As soon as you take delivery of the keys for the Hire Vehicle you are responsible for all damage and loss that occurs in relation to the Hire Vehicle until the Hire Vehicle is fully returned to Eco Easy, regardless of whether you caused that damage or loss, and for all related costs and fees set out in our fee schedule, except to the extent otherwise provided at law, including in relation to Your Consumer Rights. You are also responsible for all toll charges, driving offences, parking infringements, and other such related costs that are incurred in relation to the Hire Vehicle during your hire period, whether you are at fault for those amounts, including if the Hire Vehicle is stolen. All Your rights set out in this Rental Agreement are in addition to your rights as a consumer (Your Consumer Rights) under applicable consumer protection legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted, or modified by this Rental Agreement. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

Damage to the Hire Vehicle: If the Hire Vehicle is returned with any damage or loss, or any uncleanliness or untidiness, then you will be charged by Eco Easy the costs of rectifying that damage, loss, uncleanliness, or untidiness, and for any associated assessment, towing, storage, and recovery charges, as applicable. You will also be liable for a loss of use payment for each day that the Hire Vehicle is unavailable, calculated in accordance with our damage policy. Eco Easy may charge your credit card for all such amounts that Eco Easy estimates in good faith will be sufficient to cover your damage or loss.  

Your use of the Hire Vehicle: You must not use the Hire Vehicle in contravention of any traffic regulations, for any illegal activity, if it is unsafe or unroadworthy, in any motor sport, time trial, competitive driving or racing event, or any off-road driving, to push, propel or tow any trailer, vehicle or other thing, or to hand possession or control of the Hire Vehicle to any person who is not a nominated driver in the order confirmation, or carry an animal, unless that has been approved in the order confirmation, or drive the Hire Vehicle outside of any jurisdiction set out in the order confirmation. You must not attempt to sell or otherwise dispose of any rights in the Hire Vehicle to any third party or yourself. You must not place any stickers, signs, or other devices on the Hire Vehicle. You must not modify the Hire Vehicle or attempt to repair or maintain it, or authorise any other person to do the same, without the prior written consent of Eco Easy.

Accidents, Theft and Breakdowns: You must follow the procedure set out in the damage policy or as otherwise directed by Eco Easy if the Hire Vehicle breaks down, is stolen, or is involved in an accident.  You must report any accident or theft as soon as possible to Eco Easy. You must provide all information requested by Eco Easy, and provide any collision or damage report forms, witness statements, photographs, or other things Eco Easy may request. You must not make any admission of liability, offer of compromise, payment, settlement, waiver, release, indemnity, or any other admission (other than a true statement made under compulsion of law) in relation to any accident without the prior written consent of Eco Easy. You must follow any requests or directions made by any insurer of the Hire Vehicle, including, if applicable, your trip cover insurer. You must promptly give us any documents or other information you receive in relation to any accident. If the Hire Vehicle displays any warning sign, such as an engine warning light, then you must immediately report this to Eco Easy and follow any direction given by Eco Easy. You will be responsible for any roadside recovery costs that Eco Easy deems in its reasonable opinion to be for your account, including for keys being locked in the vehicle or lost, or the battery being drained, or the wrong fuel added.  You agree that Eco Easy will not be liable to provide any compensation or reimbursement for costs or losses you incur arising from the Hire Vehicle being inoperable or unavailable for any reason. 

Refuelling: Eco Easy will provide the Hire Vehicle with at least ¼ tank of fuel on collection. On return, you must return the Hire Vehicle with the same or greater level of fuel as recorded in the condition report Eco Easy issues. You must ensure the correct fuel is used when refilling the Hire Vehicle. If you fail to deliver the Hire Vehicle with the correct level of fuel, then your chosen credit card will be charged an amount calculated in accordance with our return policy.

Returning the Hire Vehicle: At the end of the booking period, you must return the Hire Vehicle in accordance with the return policy. If you fail to return the Hire Vehicle by the end of the booking period, then this will be taken to be a theft of the Hire Vehicle and Eco Easy may report the Hire Vehicle as stolen, and/or take steps to locate, recover, and repossess the Hire Vehicle, or engage a third party to recover the Hire Vehicle, without further notice to you. If the Hire Vehicle is found illegally parked, apparently abandoned, or is used or obtained as prohibited by this Rental Agreement, then Eco Easy may, after making reasonable attempts to contact you, take steps to locate, recover, and repossess the Hire Vehicle, or engage a third party to recover the Hire Vehicle. You must pay to Eco Easy on demand any costs incurred by Eco Easy pursuant to this clause 14.

Indemnity: You indemnify Eco Easy and will at all times indemnify and hold harmless Eco Easy from and against, and you will pay to Eco Easy on written demand, an amount equal to all losses, liabilities, damages, claims, costs, and expenses suffered or incurred by Eco Easy in relation to (1) your hire of the Hire Vehicle, (2) any breach of this Rental Agreement, (3) any act or omission by you, your nominated driver, or any other person that accesses or uses the Hire Vehicle during the hire period or otherwise in any period the Hire Vehicle is in your possession or control, and/or (4) loss or damage to personal property owned by you or others left in the Hire Vehicle, or which is received, handled, or stored by Eco Easy at any time before, during or after the hire period.

Deposit: If you pay Eco Easy a bond or deposit as part of your booking, you agree that Eco Easy can deduct any amounts payable under this Rental Agreement against that bond or deposit. You agree that deposit or bond will be held by Eco Easy as security for any such amounts due. Eco Easy will return any bond or deposit after deducting all relevant amounts once the Hire Vehicle is returned in accordance with our return policy and all outstanding charges have been paid by you.

Payments: You authorise us to charge your chosen credit card for all fees and charges due and payable under this Rental Agreement, including amounts that we collect on behalf of any insurer of the Hire Vehicle. Amounts payable under this Rental Agreement are inclusive of GST, unless otherwise shown on an Eco Easy Invoice. Where GST is payable for a taxable supply made under or in connection with this Rental Agreement and the consideration for that supply is not stated to be inclusive of GST, you must pay an additional amount to the supplier of the GST due on that taxable supply at the same time the amount is due or on the date in the tax invoice provided to you, if later.

Privacy: You authorise us to process your personal information you provide us in accordance with our privacy policy, including consenting to Eco Easy providing your personal information to relevant authorities. You acknowledge and agree that Eco Easy uses an in-vehicle monitoring system in the Hire Vehicle which can be used remotely to open, close, and immobilise the Hire Vehicle, and otherwise monitor the location and speed of the Hire Vehicle. You can tell Eco Easy if you do not consent to the processing and disclosure of your personal information, which may result in the cancellation of your booking if you do. If we cancel your order confirmation under this clause, then Eco Easy may charge you part or all of the amounts set out in your Rental Agreement, as set out in our fee schedule. By entering into this Rental Agreement and/or providing your personal information to Eco Easy, you represent to Eco Easy that you have read, and agree to, the terms of our privacy policy. 

Credit information and reporting: Eco Easy collects, holds, and uses, information related to your commercial and consumer creditworthiness from credit reporting agencies, including Equifax (https://www.equifax.com.au/contact), for all purposes permitted by law. Eco Easy also discloses information to them. This activity is conducted for the purpose of assessing your credit capacity, eligibility, or history in connection with an application or an obligation as a guarantor, collecting payments from you, and managing our credit relationship. Creditworthiness information includes information that is both positive (like payment information) and negative (like defaults or serious credit infringements that Eco Easy may disclose to credit reporting agencies if you             fail to pay us). See our privacy policy for more information on how Eco Easy, and the credit reporting agencies, manage personal          information,    including         creditworthiness information. The policies also include how you can access, correct, and make complaints about personal information, request that your information is not used for credit prescreening, and request a ban on use of credit information where you have been a victim of fraud.

Our Liability: Eco Easy gives no express warranties in relation to the Hire Vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted, or modified, such as those under the Competition and Consumer Act 2010 (Cth). Where Eco Easy is permitted to limit its liability under those statutes for breach of any implied condition or warranty, then its liability is limited to (at Eco Easy’s election) in the case of a supply of goods, the replacement, repair, or re-supply of goods or supply of equivalent goods, or in the case of a supply of services, Eco Easy supplying the services again or paying the cost of having the services supplied again.

Disputes: If you have a complaint or dispute in relation to this Rental Agreement, you can ask Eco Easy to consider the complaint in accordance with our complaints and dispute resolution policy, set out on our website. Complaints in relation to any trip cover insurance will be handled in accordance with the relevant trip cover insurance policy terms.

No deemed relationships: This Rental Agreement does not create a relationship of employment, trust, agency, or partnership between you and Eco Easy or any of your passengers, except where this Rental Agreement otherwise states.

Assignment: You must not assign or attempt to assign any of your rights or obligations under this hire Agreement to any other person. We may assign this Rental Agreement or a right under it by written notice to you.

Invalid provision: If the whole or part of a provision under this Rental Agreement is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If, however, the whole or part of a provision of this Rental Agreement cannot be read down, it is severed to the extent of that invalidity or unenforceability without affecting the remaining provisions of this Rental Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

Law: This Rental Agreement is governed by and must be construed in accordance with the laws of Queensland, and each of you and Eco Easy submits to the non-exclusive jurisdiction of the courts of that state.