Rental Terms and Conditions

Lux2share > Rental Terms and Conditions

RENTAL TERMS AND CONDITIONS – LUX2SHARE

• These terms and conditions (Terms and Conditions) set out the terms of hire for Vehicles which are provided by Lux2Share Pty Ltd ABN 60 650 728 126 (we, us, our) to you, the person who has agreed to hire and take possession of a Vehicle (referred to as Renter, you).
• Other terms and conditions contained in our privacy policy (Privacy Policy) and elsewhere as advised by us form part of our agreement with you.
• Please carefully read these Terms and Conditions. By placing a request for hire of a Vehicle or by giving your acceptance to these terms, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you don’t agree to be bound by these Terms and Conditions, please do not place a request for hire. These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date we provide you with notice of them (this may be via email or other method). Each time you place a request for hire you should request the latest version of these Terms and Conditions be provided to you.
• If you are agreeing to these Terms and Conditions on behalf of someone or entity, you represent and warrant that that you have the irrevocable authority and agreement of that person or entity to be bound by these Terms and Conditions.

1. Definitions & Interpretation

1.1 Definitions

In these Terms and Conditions, unless inconsistent with the context or subject matter the following terms have the corresponding definitions:

(a) ACL: means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

(b) Applicable Laws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which youare located or which in any way govern or affect the use of the Services, including the laws of the State.

(d) Content: includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise.

(e) GST: has the meaning provided in the GST Act.

(f) GST Act: A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(g) Hire Fees: the fees payable by a Renter to us for the hire of a Vehicle as advised by us from time to time.

(h) Information: any information, Content, documents, links or attachments.

(i) Intellectual Property: all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions.

(j) Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, injury, death, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

(k) our, us and we:Lux2Share.

(l) Prohibited Use: means those uses of the Vehicles that are prohibited as set out under clause 6.

(m) Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth), our officers, directors, agents, and employees.

(n) Rental Bond: the bond payment payable by the Renter to us in accordance with these Terms and Conditions.

(o) Renter: any person who placeshire requests to hire Vehicles.

(p) Services: any services we provide to you, including the hire of Vehicles.

(q) State: Queensland, Australia.

(r) Vehicle: any vehicle which we make available for hire to you.

1.2 Interpretation

In these Terms and Conditions the following rules of interpretation apply, unless the contrary intention appears or context otherwise requires:

Headings and subheadings are for convenience only and do not affect the interpretation of these Terms and Conditions.
References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.
Words denoting the singular include the plural and words denoting the plural include the singular.
The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
A reference to a body (other than a party to these Terms and Conditions), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.
A reference to any agreement or document (including these Terms and Conditions) includes any amendments to or replacements of that document.
A reference to a law includes:
- legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;
- any constitutional provision, treaty or decree;
- any judgment;
- any rule or principle of common law or equity,

and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.

No provision of these Terms and Conditions will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms and Conditions.
Specifying anything in these Terms and Conditions after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.
A reference to writing or written includes email.
Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

2. Placing a request to hire a Vehicle

2.1 On each occasion that you wish to hire a Vehicle from us, you may do so by submitting a request to hire to us (Hire Request). Hire Requests may be provided to us in writing, by email, by text or verbally including by phone. In submitting a Hire Request you represent and warrant that:

(a) you are at least 25 years of age and able to form legally binding contracts under Applicable Laws;

(b) you hold a validfull open driver’s licence as required under these Terms and Conditions; and

You must immediately disclose to us any information which may disqualify you from hiring and/or driving a Vehicle.

2.2 As part of the Hire Request, you must provide uswith any information we request to enable us to process the Hire Request, including proof of identification and driver’s licence details. You acknowledge and agree that your Hire Request may be subject to independent verification of any information you provide, and you expressly consent to the disclosure of your information as required to carry out such verification. The person that you nominate as the driver on the Hire Request is the only person authorised to drive the Vehicle.

2.3 We will use reasonable endeavours to process Hire Requests within a reasonable time. You acknowledge that any Hire Request placed by you is merely an offer and is subject to our acceptance and we reserve the right to reject any offer where the Vehicle is not available or for other reasons (at our discretion). All Hire Requests are subject to availability. Our rights to cancel any Hire Request are set out under clause 10.

2.4 If we acceptthe Hire Request then we will notify you and provide you all required information for the booking.At this stage payment of the Hire Fee and the Rental Bond will be due (please see payment terms set out under clause 3).

2.5 The Hire Period will commence from the date as specified in the Hire Request for the collection of the Vehicle, and continue until the Vehicle is collected or returned to us unless these Terms and Conditions are terminated earlier in accordance with its terms. The Hire Period may be extended by our agreement. Any additional charges for the extended Hire Period will be due upfront on agreement.

2.6 You represent and warrant that all information provided to us is true and correct in all respects, is maintained accurate and up to date and you have not engaged in misleading or fraudulent conduct.

2.7 You acknowledge and agree that by submitting a Hire Request, you are offering to enter into a binding agreement with us for the hire of such Vehicle. You may not cancel that offer once it is accepted other than in accordance with these Terms and Conditions.

3. Fees and Payment

3.1 In hiring a Vehicle, you agree to pay:

(a) the Hire Fee (as agreed between the parties in accordance with clause 2); and

(b) the Rental Bond in accordance with clause 4; and

(c) any additional charges, costs, liabilities and expenses as a result of your use of the Vehicle or other incidents as advised by usat the time of hire (such as late fees) or as otherwise contemplated by these Terms and Conditions.

You must provide payment via a method approved by us. All payments must be made by the due date without set-off or counterclaim, even if a dispute exists.

3.2 Payment of the Hire Feeis due upon acceptance of the Hire Request. Please note that the Hire Fee does not include the following items which are deemed additional charges:

(a) parking and traffic fines;

(b) general parking charges;

(d) insurance.

A range of additional charges are applicable to your hire, as advised by us.

3.3 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address and payment or payout methods (e.g. credit card, debit card, PayPal, or direct deposit).

3.4 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees to us at the same time as paying our fees, even if such fees are not explicitly disclosed by us.

3.5 Unless otherwise advised by us, fees payable by you are exclusive of any goods and services tax, value added tax or similar tax and such taxes must be paid by you to us at the same time as payment of our fees.

3.6 You are responsible for ensuring that any bank account details that you provide to us are correct. We are not responsible for any loss that you suffer in connection with supplying the incorrect bank account details.

3.7 If payment is not made in accordance with these Terms and Conditions, we may (without limitation to our other rights) require you to pay interest on all outstanding monies from the due date until the date of payment at the rate of 12% per annum accruing daily.

3.8 In the event that additional charges may apply to your use of the Vehicle, we will provide you with a revised invoice on return of the Vehicle. You irrevocably authorise us to deduct such invoice amounts from the Rental Bond. If there is a shortfall in the amount of the Rental Bond and such invoiced amounts, you agree to pay such amounts of shortfall in the manner as stipulated in our invoice to you. Where charges are unable to be finally determined at the time of return (such as fines or tolls) we reserve the right to invoice you these amounts and you agree to pay such amounts by the date as set out in the invoice in addition to a $50 administration fee. If you fail to pay such amounts on time by their due date, we reserve the right to charge you interest on the overdue amount at a rate of 12% per annum.

4. Rental Bond

4.1 At the same time as the Hire Fee is due under these Terms and Conditions, you must provide us with aRental Bond, as security for your obligations under these Terms and Conditions.

4.2 The Rental Bondwill be subject to the following terms:

(a) the Rental Bondmay be drawn on by us without notice to you, in order to:

(i) pay the costs of any infringement or any other amountwhich you are responsible for;

(ii) remedy any damage and/or loss to the Vehicle, which we determine you are responsible for;and

(iii) otherwise return the Vehicle to the state as required under these Terms and Conditions.

(b) on returning the Vehicle, provided that the Vehicle is returned in the same condition as collected, and otherwise in compliance with your obligations under these Terms and Conditions, we will return the Rental Bond to you in full within 7 days after the expiry of the Hire Period. If the Rental Bondhas been drawn on by us, then if the actual amount drawn is less than the amount of Rental Bond, you will be reimbursed for the difference within 7 days after the expiry of the Hire Period. You remain liable for any shortfall between the amount which you are liable to pay and the Rental Bond.

5. Obligations

5.1 You must:

(a) at all times hold and maintain a valid full open driver’s licence with appropriate level of certification to operate the Vehicle and no conditions attached to the licence that you hold must be breached through the use of the Vehicle. For the avoidance of doubt, your driver’s licence must not be a provisional driver’s licence;(b) not allow unauthorised drivers to use the Vehicle, for the avoidance of doubt only those persons nominated as drivers on your Hire Request may drive the Vehicle;

(i) road safety and traffic management laws;
(ii) driving hours and fatigue management;

(d) only use the Vehiclein the manner to which it is designed and for the purpose it is intended for;

(e) maintain the Vehicle in accordance with your obligations under these Terms and Conditions;

(f) ensure that the Vehicle is driven and operated in a skilful, safe and proper manner, ensuring to reduce the risk of breakdown and damage at all times;

(g) not use the Vehicle for a Prohibited Use as set out under clause 6;

(h) return the Vehicle in the same condition as it was collected;

(i) if the Vehicle is supplied with a tank of fuel, you must return the Vehicle with an equal tank size. You must ensure that the correct fuel type is used (if you are unsure please get in touch with us). If you fail to do so then we will charge you the costs of the additional fuel to reach the level required. You are also liable to usfor any damage caused as a result of using the incorrect fuel;

(j) be accountable for any traffic infringements encountered during the Hire Period and will be held responsible for ownership of any penalties/demerit points and/or fines and must pay all such penalties and fines immediately on demand by us;

(k) promptly report any incident involving:

(i) loss, theft or damage to the Vehicle in any way; or

(ii) any accident resulting in injury to persons or damage to property as a result of or in connection with use of the Vehicle,

tous, the police (if applicable) and any other proper authority. You must comply with any directions provided by us in this regard; and

(l) promptly return the Vehicle to us, or have it ready for inspection or removal by us, with all accompanying materials or documents on expiry of the Hire Period.

5.2 You aresolely responsible for the safe keeping of the Vehicle, and must ensure appropriate security measures are enforced in order to protect the Vehicle from theft and vandalism. We recommend removing all valuable items from sight, and always ensuring that the Vehicle is locked.

5.3 You are responsible for any Loss or damage to personal possessions. We will not be responsible for any Loss or damage to your personal possessions (regardless of how it was occasioned, such as theft).

5.4 It is your responsibility to ensure that appropriate child seats have been fitted in the Vehicle as required by Applicable Laws. Please note that you are solely responsible for any fines, injury, death or other losses that are caused as a result of having or not having appropriate child seats fitted in the Vehicle. If you require child seats to be fitted in the Vehicle, you must first obtain our written approval to such. You must not leave children unattended in the Vehicle.

5.5 In the event of damage to the Vehicle you must notify us as soon as practicable. You must not attempt to repair the Vehicle or make any alterations to the Vehicle without ourconsent.

6. Prohibited Use of the Vehicle

6.1 You must not engage in any of the following when using a Vehicle (and you must ensure that any other person who uses or travels in the Vehicle also complies with these requirements):

(a) any acts or omissions to cause Loss or damage to the Vehicle, or property of others, including driving recklessly or striking any object;

(b) driving the Vehicle under the influence of drugs or alcohol;

(d) driving the Vehicle on any unsealed roads;

(e) overloading the Vehicle or using the Vehicle for any purpose or in any manner for which the Vehicle was not designed;

(f) operating the Vehicle in conditions which are not suitable for it to operate (including if the Vehicle is driven through flooded roads or otherwise through a natural disaster or other conditions not suitable);

(g) committing an illegal or unlawful act;

(h) use of the Vehicle by someone that is not authorised to use or a generally intended purpose;

(i) the Vehicle is sub-leased, transferred or sold;

(j) the Vehicle is used for car sharing arrangements or taxi services or other commercial arrangements (without our express authorisation); or

(k) the Vehicle is driven through restricted areas.

6.2 Please note that if we have reasonable grounds to believe that the Vehicle is being used for a Prohibited Use, then we may terminate these Terms and Conditions and collect the Vehicle at any time at your expense.

6.3 You are solely responsible for all actions of passengers and others who use or come into contact with the Vehicle. Their actions will be deemed to be your actions.

7. Collection of the Vehicle

7.1 We will make the Vehicle available for collection at the time and location as specified in your Hire Request. You are responsible to collect the Vehicle at such time at the nominated location. Please note if you fail to collect the Vehicle on the collection date, then you forfeit any fees paid (subject to our absolute discretion to refund).

7.2 Upon collection of the Vehicle, you must inspect the Vehiclefollowing Lux2Share’s nominated inspection process with and in front of one of our nominated representativesand ensure that any defects and damage are recorded following Lux2Share’s process. You should carefully document the condition of the Vehicle. We recommend you take plenty of photos as they are the best representation of the quality and standard of the Vehicle. We will verify the inspection and our findings on the condition of the Vehicle at collection will be final (subject to manifest error).

7.3 If after inspection you feel that the Vehicle is not suitable to be hired due to material undisclosed faults or if the Vehicle is otherwise not as advertised and the differences are material, you may be entitledto reject the Vehicle and you must notify us of such rejection immediately following the inspection. In that case you must not collect the Vehicle. If you notify us within this timeframe and provided that:

(a) you have not collected the Vehicle; and

(b) you have evidence of the undisclosed fault or the Vehicle is otherwise not as advertised and the fault/mis advertisement is material and would materially affect a reasonable person’s use and enjoyment of the Vehicle (as determined by us),

we will refund your Hire Fee. In all other cases (such as where you reject the Vehicle due to a change of mind or other than where there are undisclosed faults), the cancellation terms set out below will apply.

8. Returning the Vehicle

8.1 You must return the Vehicle to the collection point on the expiry of the Hire Period (unless otherwise agreed by us) or the earlier termination of these Terms and Conditions. Returning of keys and other items must be in accordance with the instructions provided by us.

8.2 On return of the Vehicle, you must inspect the Vehicle with one of our nominated representatives following Lux2Share’s nominated inspection process.We will verify the inspection and our findings on the condition of the Vehicle onreturn will be final (subject to manifest error).

8.3 You must ensure that on the return of the Vehicle, the Vehicle is:

(a) in the same condition as collected at the commencement of the Hire Period and free from any defects or damage that is not noted following Lux2Share’s nominated inspection process; and

(b) in a clean and serviceable condition that complies with your obligations under these Terms and Conditions.

8.4 On returning the Vehicle, provided that the Vehicleis returned in the same condition as collected, and otherwise in compliance with your obligations under these Terms and Conditions, we will return the Rental Bond to you within 7 days after the expiry of the Hire Period.

8.5 In the event that you fail to return the Vehicle in compliance with your obligations under these Terms and Conditions, then you will incur additional charges. You irrevocably authorise us to draw on the Rental Bond to rectify and carry out such actions as are reasonably necessary to comply with your obligations under these Terms and Conditions (such as cleaning fees).

8.6 On return of the Vehicle you must ensure that you remove all your personal property. We will not be responsible for any property that is left in the Vehicle.

8.7 If the Vehicle is returned to the incorrect location, then you will be charged reasonable fees to relocate the Vehicle.

9. Rights of Lux2Share

9.1 Notwithstanding anything to the contrary express or implied in these Terms and Conditions, the parties agree that we will (or our relevant licensor) retain full title to the Vehicle and title will not pass to you at any time.

9.2 You acknowledge that you have the right to possess the Vehicle as a mere bailee only and will deal with the Vehicle in such a manner which enables it to be clearly identified as a Vehicle belonging to us (or ourrelevant licensor) and that you do not have any right to pledge our credit in connection with the Vehicle and agree not to do so.

9.3 Even if we (or the relevant owner) retain ownership of the Vehicle, the risk for the Vehicle passes to you on your collection of the Vehicle.

9.4 Except to the extent as expressly permitted by these Terms and Conditions, you acknowledge and agree that:

(a) you must advise Lux2Share of the precise location of the Vehicle and promptly on request grant access to any premises owned or occupied by you to Lux2Share to inspect the state and condition of the Vehicle or to exercise any of ourrights under these Terms and Conditions;

(b) you will not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let, hire or otherwise part or attempt to part with personal possession of or otherwise deal with the Vehicle without ourexpress written consent;

(c) in the event that you sell or hire the Vehicle in breach of these Terms and Conditions, you hold the proceeds, book debts and accounts receivable arising from selling or hiring of the Vehicle on trust for and as agent for us immediately when they are receivable or are received; and

(d) you will, if requested by us, return the Vehicle to us following non-fulfilment of any obligation of yours (including payment of monies) without limiting any other right that we may have.

9.5 In the event that you fail to return the Vehicle by the due date as required under these Terms and Conditions, thenyou giveusandour agents or authorised representatives the right to enter any premises occupied by you and any premises where you believethe Vehicle may be stored (without liability for trespass or any resulting damage) and to use your name and to act on your behalf, if necessary, to recover possession of the Vehicle and you agree to indemnify us and our agents and/or authorised representatives from any damage, injury and/or loss arising from such recovery or attempted recovery of Vehicle from your possession or control.

10. Cancellation of Hire and Refunds

10.1 Unless otherwise set out in these Terms and Conditions, once a Hire Request has been approved and agreed to, you will be committed to such Hire Request and you are not permitted to cancel it.

10.2 We reserve the right to accept or reject any Hire Request (or any part thereof) at any time and for any reason in our absolute discretion, including after you have placed the order and received a confirmation email and/or invoice or we have previously accepted such order. We may cancel your Hire Request for example, in the following circumstances (without limitation):

(a) if the Vehicle is not available; or

(b) where there is an error in the description or Hire Fee of any Vehicle that is part of your request.

If we do cancel your order, we may do so without any liability to you for that cancellation except as set out in this clause. Where we cancel your order, we will endeavour to notify you and provide you a refund of all payments made for such order.

10.3 You have no rights to a refund if the Vehicle is returned prior to the expiry of the Hire Period.

11. Access and Termination

11.1 Termination of these Terms and Conditions

(a) We reserve the right to immediately terminate these Terms and Conditions in the event that:

(i) you breach any term of these Terms and Conditions;

(ii) we have reasonable grounds to believe that your use of the Vehicle is for a Prohibited Use;

(iii) you violate our rights or the rights of any third party;

(iv) we reasonably believe that you are engaged in illegal or fraudulent use of the Services;

(v) we reasonably believe that your information submitted is inappropriate, unlawful, fraudulent or otherwise in breach of these Terms and Conditions;

(vi) we reasonably believe that you are using the Services in a way that would cause Loss or damage to or otherwise cause legal liability to us, other users, third parties or disrupt others’ use of the Services; or

(vii) you suffer an insolvency event (such as bankruptcy).

(b) Upon expiry of the Hire Period or the earlier termination of these Terms and Conditions:

(i) you must immediately deliver up the Vehicle to us in accordance with these Terms and Conditions;

(ii) subject to the other terms of these Terms and Conditions, you remainliable for the Hire Fee incurred up until these Terms and Conditions are ended; and

(iii) all amounts payable but not yet due by you to us becomes due and payable immediately. Except where we otherwise agree, there is to be no refund of any amount paid by you in respect of any period post termination.

(c) On termination of these Terms and Conditions, wemay immediately repossess and re-take possession of the Vehicle or otherwise exercise our rights under these Terms and Conditions.

12. Maintenance and care

12.1 You must maintain the Vehicle in good condition and mechanical order in accordance with any manuals and instructions provided. You should take care to ensure that you look after the Vehicle to reduce the risk of breakdown.

12.2 You must not make any modifications or alterations to the Vehicle at any time. Without limitation, you must not alter or deface or remove or conceal any identifying number, name plate or make on the Vehicle or any part thereof.

13. Claims and damage to the Vehicle

13.1 You acknowledge and agree that in the event that the Vehicle is lost, stolen, abandoned or damaged during the Hire Period you are responsible for:

(a) the loss or damage to the Vehicle;

(b) any towing and storing charges; and

13.2 We will not be liable to you, or any third party in relation to any damage or Loss to the Vehicle or any third party property during the Hire Period, and you agree to indemnify us, from any such claims.

13.3 You must immediately notify us if the Vehicle is lost, stolen, abandoned or damaged. You are not authorised to and agree not to undertake any repairs to the Vehicle without our prior written authority.

13.4 Subject to the other terms of this clause, in the event that the Vehicle is lost, stolen, abandoned or damaged during the Hire Period the following process will take place:

(a) you must provide us with all information that we request with respect to such damage and loss and promptly provide to us any additional correspondence or reports you receive regarding the damage or loss;

(b) you are liable to us for the damage and loss to the Vehicle;

(c) we will quantify the damage and Loss through quotations and assessments of repairs and charges by independent third parties. The amount that we quantity will be deemed to be liquidated damages payable by you (and are final and binding); and

(d) if we determine that the damage and loss was your responsibility, then we will deduct such amount of damage and loss from the Rental Bond received by you and this amount will be payable to us, and you are otherwise liable to pay us any shortfall between the amount which you are liable to pay and the Rental Bond.

13.5 In the event that the damage is caused by a third party you must:

(a) notify us as soon as possible of the accident and/or theft and report such accident and/or theft to the police. You consent to and authorise us to obtain copies of police witness statements or reports made in relation to the event;

(b) if a third party is involved, obtain the third party’s name, address, telephone number, insurance company details, drivers licence number, vehicle registration, vehicle make and model and provide details to us of the accident as well as such required third party information; and

In such circumstances, then provided that we are able to recover all of the loss and/or damage from the third party and/or their insurer, your liability will be limited to the applicable excess payable on any insurance policy held by usas well as any increase in ourinsurance premiums.

13.6 In the event that the loss or damage to the Vehicle was caused or contributed to by your Prohibited Use of the Vehicle or you are otherwise in breach of, or have not fully complied with, these Terms and Conditions then:

(a) you will also be liable for Loss of rental income and other losses or expenses suffered by usthat relate to the incident; and

(b) your liability will be unlimited.

14. Insurance

14.1 Although we may hold certain insurances that may extend to protect your interests, you are solely responsible for complying with the conditions of the insurance and wemake no warranties or representations in respect of the insurance policy or its adequacy to protect your interests. Although we may maintain insurances related to the Services/Vehicle, we have no obligation to maintain or provide you with any specific insurance. We may cancel any insurance we offer at our discretion at any time without notice.

14.2 You acknowledge and agree that it is solely your responsibility, and not ours, to ensure that you and the Vehicle are adequately insured and that you understand the scope and application of your insurance. The matter of insurance is solely at your risk. We will not be responsible for any Loss as a result of your failure to comply with Applicable Laws or to be adequately insured.

14.3 Any insurance policies are provided by third parties, unrelated to us.

15. Liability for infringements

15.1 You are responsible to usfor all charges, penalties and fines (including parking fines or charges) incurred in relation to the Vehicle during the Hire Period.

15.2 Where you are responsible for any such charges, penalties and fines, you irrevocably authorise us to draw on the Rental Bond to pay these.In the event that the Rental Bond is insufficient to cover such amounts, then we reserve the right to invoice you the shortfall and such amount is due and payable by you in accordance with the payment terms set out on the invoice.

16. Breakdown& Roadside assistance

16.1 We provide limited roadside assistance with the Vehicle, subject to any additional terms of the roadside assistance operator which we provide you from time to time.

16.2 In the event that a Breakdown Event occurs in relation to the Vehicle, you must immediately and safely stop driving the Vehicle and call our roadside assistance number (as advised by us). In the event that this number is not available you must then contact us. You must not attempt to repair the Vehicle yourself, or otherwise recommence driving the Vehicle unless we (or our roadside assistance) instructs you to do so.

16.3 The following are considered Breakdown Events:

(a) the Vehicle breaks down;

(b) a warning light or message becomes illuminated in the Vehicle; or

(c) any other event occurs which affects the Vehicle,
except to the extent that you have caused or contributed to the relevant event, or you are otherwise in breach of these Terms and Conditions.

17. Feedback System

17.1 Each time youhire a Vehicle, you may be given an opportunity to review the Vehicleand yourexperience of the hire.

17.2 Reviews must be honest and accurate, and not contain unlawful or objectionable content, including but not limited to, reviews containing defamatory, libellous, abusive, offensive or obscene language.

17.3 We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from our website or other publication source without notice at our sole discretion.

17.4 We are in no way responsible or liable for the information that is contained in the reviews and do not make any representation or warranty as to the accuracy or reliability of any information or content that is published in the review. We are under no obligation to remove any review published by a user, and you agree that we are not liable under any laws (including defamation and misleading and deceptive conduct) simply through the publication of reviews on our website or otherwise.

18. Disclaimer

18.1 You acknowledge and agree that your use of our Services is at your own risk. We provide our Services on an “as-is” basis and without any warranties, representations or conditions of any kind, whether express, implied or statutory. To the extent permitted by law, we specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement.

18.2 Your use of the Vehicle is at your own risk and wearenot liable to you in any circumstances for any damage, injury or death cased or suffered by you andto any property or to a third party, nor for any loss of profits incurred by you for any reason.

18.3 You acknowledge and agree that:

(a) you are solely responsible for making decisions and the consequences of those decisions for Vehicles, including checking the condition of the Vehiclesand reading and verifying all Information pertaining to any Vehicleon offer;

(b) no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any Applicable Laws;

(c) we do not promise that any information we provide youwill be error-free or uninterrupted, or that your use of our Services will provide any specific results;

(d) we reserve the right to share any information provided by you to us, and to store such information in accordance with our Privacy Policy (this includes your location where it is provided); and

(e) we do not represent or warrant that your use of the Services will meet your particular requirements or promise results, whether those requirements are disclosed to us or not.

18.4 This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions.

19. Exclusion and Limitation of Liability

19.1 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.

19.2 Without limitation to clause 19.1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly fromany act, omission or default, whether negligent or otherwise of yours or any third party. You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.

19.3 Subject to the other terms of this clause, our maximum aggregate liability to for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms and Conditions in the 3-month period preceding the matter or event giving rise to the claim.

19.4 We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.

19.5 Further, you acknowledge and agree that where our website includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Lux2Share and to the maximum extent permitted by law, Lux2Share excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.

19.6 Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

19.7 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option the resupply of the Services or the payment of the cost of resupply.

19.8 Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:

(a) use your best endeavours to recover that sum before making the claim;

(b) keep us informed of the conduct of such recovery; and

19.9 This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms and Conditions or your use of our Services.

20. Indemnity

20.1 You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of:

(a) your breach or negligent performance or non-performance of these terms and Conditions, including any failure or delay to perform your obligations under a relevant Hire Request;

(b) any loss, damage or claim made against us by a third party:

(i) arising out of or in connection with the use and/or provision of the Vehicle and/or these Terms and Conditions to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms and Conditions by you;

(ii) for death, personal injury, illness or damage to property resulting out of or in connection with your use of the Vehicles hired out by you;

(iii) to the extent that the claim results from yourbreach, negligent performance or failure or delay in performance of these Terms and Conditions;

(d) any excess payable in respect of an insurance claim made by us;

(e) any fine or penalty, any assessment, transportation, storage, and cleaning charges or expensesin connection with the hire of Vehicles;

(f) any reliance by you on the Vehicle;

(g) the enforcement of these Terms and Conditions; or

(h) any act or omission or wilful misconduct of yours.

20.2 Any amounts payable by you to us under this indemnity must be paid to us immediately on demand without set-off or counter claim.

20.3 If a payment due under this clause is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.

20.4 Except where expressly stated to the contrary in these Terms and Conditions, the rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under these Terms and Conditions or by law.

20.5 It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.

20.6 The indemnities in this clause:

(a) are continuing obligations on you, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and

(b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

21. Privacy

We reserve the right to share any information provided by you to us in accordance with our Privacy Policy.

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22. Security

22.1 Although we take all reasonable steps, we do not and cannot guarantee the security of our records, or your information. We disclaim all liability for any problems that are beyond our control.

23. General provisions

23.1 No Waiver

No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms and Conditions unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

23.2 Assignment, Novation and Other Dealings

(a) Any rights of Lux2Share that arise out of or under these Terms and Conditions are assignable and capable of novation by Lux2Share in its discretion and without notice or your prior written consent.

(b) Any rights of yours that arise out of or under these Terms and Conditions are not assignable or capable of novation by you without the prior written consent of Lux2Share.

23.3 Severability

(a) If the whole or any part of a provision of these Terms and Conditions is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

(b) Clause 23.3(a) does not apply if the severance of a provision of these Terms and Conditions in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms and Conditions as determined by Lux2Share.

23.4 No Merger

On completion or termination of these Terms and Conditions, the rights and obligations of the parties set out in these Terms and Conditions will not merge and any provision that has not been fulfilled remains in force.

23.5 Survival

Any clause which by its nature is intended to survive termination or expiry of these Terms and Conditions will survive such termination or expiry.

23.6 Further Action

Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms and Conditions and the transactions contemplated by these Terms and Conditions.

23.7 Time of the Essence

Time is of the essence in these Terms and Conditions in respect of any date or time period and any obligation to pay money.

23.8 Relationship of the Parties

(a) Nothing in these Terms and Conditions gives a party authority to bind any other party in any way.

(b) Nothing in these Terms and Conditions imposes any fiduciary duties on a party in relation to any other party.

23.9 Remedies Cumulative

Except as provided in these Terms and Conditions and permitted by law, the rights, powers and remedies provided in these Terms and Conditions are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms and Conditions.

23.10 Entire Agreement

These Terms and Conditions states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.

23.11 No Reliance

No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms and Conditions.

23.12 Governing Law and Jurisdiction

(a) These Terms and Conditions are governed by the law in force in the State.

(b) Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms and Conditions.

(c) Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 23.2(a) on the basis that:

(i) any proceeding arising out of or in connection with these Terms and Conditions has been brought in an inconvenient forum; or

(ii) the courts described in clause 23.2(a) do not have jurisdiction.

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