Terms and Conditions
Last updated: 2025 November 25
These Terms & Conditions apply when you hire an accident replacement vehicle from JAC Rentals Pty Ltd (“JAC Rentals”, “we”, “us”, “our”).
By signing our rental agreement or using one of our vehicles, you agree to these Terms.
01. Key Definitions
- Accident – The motor vehicle accident that led to your vehicle being unavailable.
- Agreement – These Terms & Conditions, together with the rental form and any Authority to Act you sign.
- Vehicle – The hire vehicle supplied to you by JAC Rentals, including all parts, keys, accessories and equipment.
- Hirer / You – The person named on the rental form and any additional authorised driver(s).
- Authorised Driver – You, and any other driver we have approved and for whom we hold a copy of a valid driver’s licence.
- Hire Period – The period during which you are entitled to use the Vehicle, usually while your damaged vehicle is being assessed and repaired or until your total-loss settlement is finalised.
- Additional Charges – Any charges not covered by the at-fault insurer, such as fuel, tolls, fines, excess cleaning, damage due to misuse, or charges that arise if you breach this Agreement.
- Third Party – The at-fault driver and/or their insurer.
02. Our Service and Your Entitlement
2.1 We provide accident replacement vehicles to drivers who are not at fault in a motor vehicle accident, so that you can continue to drive while your own vehicle is unavailable.
2.2 In most cases, we seek to recover the hire costs from the at-fault party’s insurer, not from you.
2.3 Your entitlement depends on you:
- being not at fault;
- providing accurate information about the accident; and
- cooperating with us and our recovery process.
If these conditions are not met, you may become responsible for some or all charges.
03. Driver Eligibility
3.1 Only Authorised Drivers may drive the Vehicle.
3.2 Each Authorised Driver must:
- hold a current and valid driver’s licence for the class of Vehicle; and
- comply with any licence conditions (for example, P-plate restrictions).
3.3 You must notify us immediately if any Authorised Driver’s licence is suspended, cancelled or restricted during the Hire Period. That driver must not drive the Vehicle.
04. Vehicle Use
You must:
- use the Vehicle in a safe and lawful manner;
- obey all road rules and speed limits;
- keep the Vehicle locked when not in use and take care of the keys;
- use the Vehicle only on sealed roads, not off-road, on beaches, through floodwaters or in unsafe conditions;
- use the Vehicle for normal personal or business transport only, not for races, trials, stunt driving or illegal purposes;
- not overload the Vehicle or carry more passengers than there are seatbelts.
You must not:
- smoke or vape in the Vehicle;
- carry pets or animals (except approved assistance animals – please contact us first);
- modify the Vehicle, remove parts, or apply signage or wraps;
- sell, sub-hire or lend the Vehicle to someone else without our permission.
Extra cleaning, repair and administration charges may apply if you breach these rules.
05 .Condition, Maintenance and Return
5.1 At the beginning of the Hire Period, we will record the Vehicle’s condition, fuel level and mileage. You must tell us straight away if you notice any existing damage that is not recorded.
5.2 You must take reasonable care of the Vehicle, including:
- checking fuel, tyre pressure and warning lights;
- reporting any issues, faults or warning lights to us as soon as you notice them; and
- following any instructions we give you about maintenance or safety.
5.3 At the end of the Hire Period you must:
- allow us to collect the Vehicle at the agreed time and place;
- return all keys, accessories, child seats and equipment;
- return the Vehicle with the same fuel level as at the start; and
- return the Vehicle in a similar clean condition, fair wear and tear excepted.
If you delay return or keep the Vehicle after your entitlement ends (for example once repairs are completed or settlement is paid), you may be charged for extra days and any associated costs.
06. Fuel, Tolls, Fines and Other Charges
You are responsible for:
- all fuel used;
- tolls (if you do not use your own tag/account);
- traffic or parking fines and infringements;
- costs of incorrect fuel (including repairs and cleaning);
- extra cleaning if the Vehicle is returned excessively dirty or smelling of smoke or pets.
If we receive notices for tolls or fines, we may nominate you as the driver and charge an administration fee to cover our processing costs.
07. Damage, Accident and Breakdown
7.1 You must contact us as soon as possible (and within 24 hours) if:
- the Vehicle is involved in an accident;
- the Vehicle is damaged, stolen or vandalised; or
- there is a mechanical issue or warning light.
7.2 Do not arrange your own repairs or towing unless:
- we have authorised this; or
- it is an emergency and you cannot reasonably contact us first.
7.3 If there is an accident, you must:
- make the Vehicle safe;
- exchange details with other drivers (names, phone numbers, registration and insurer);
- collect witness details where possible;
- take photos of the scene and damage; and
- report the accident to the police where required by law (injury, hit-and-run, suspected alcohol/drugs, etc.).
7.4 You must cooperate with us, our insurers and lawyers, including providing statements or documents and assisting with any legal process connected to recovering costs from the at-fault party.
08. Your Liability for Loss and Damage
8.1 When you are not at fault and you comply with this Agreement, we will usually seek to recover the hire charges and most damage costs from the at-fault insurer, not from you.
8.2 However, you may be liable for loss or damage to the Vehicle and other costs if:
- you were at fault or partly at fault;
- you or an Authorised Driver were under the influence of drugs or alcohol;
- the Vehicle was used in a prohibited or dangerous manner;
- you allowed an unauthorised person to drive;
- you failed to report an accident or theft promptly;
- you provided false or misleading information; or
- you fail to cooperate with us in the cost-recovery process.
8.3 You are not covered for loss of, or damage to, personal items left in or on the Vehicle.
09. Payments, Credit Card & Additional Charges
9.1 As security for any amounts you may owe, we may ask for your credit card details before the Hire Period begins.
9.2 You authorise us to charge your card for:
- Additional Charges described in these Terms;
- any costs or fees that are your responsibility under this Agreement; and
- any unpaid amounts following completion of cost recovery from the at-fault party.
9.3 We will take reasonable steps to notify you of any significant charges and provide information on request.
10. Authority to Recover Hire Charges
10.1 By signing our rental form and any Authority to Act, you:
- appoint JAC Rentals (and our agents or lawyers) to recover the Hire Charges from the at-fault driver and/or their insurer;
- authorise us to provide and receive information from insurers, repairers and other third parties in connection with your claim; and
- agree not to do anything that unreasonably delays, reduces or prevents us from recovering those charges (for example signing a release that waives your right to recover hire costs, without speaking to us first).
10.2 In return, and provided you comply with this Agreement, we will not seek to recover the hire charges from you personally, apart from any Additional Charges that are your responsibility.
11. Privacy
We handle your personal information in line with our Privacy Policy, which explains what we collect, how we use it and who we share it with (for example insurers, repairers and service providers).
By using our services, you consent to our collection and use of your information as described in that policy.
12. Termination
We may end the Agreement and recover the Vehicle if:
- you commit a serious breach of these Terms;
- we believe the Vehicle is being used dangerously or illegally;
- you are no longer entitled to an accident replacement vehicle (for example fault is changed); or
- your licence is cancelled or suspended and you do not immediately stop driving the Vehicle.
If we terminate the Agreement due to your breach, you may be responsible for any unrecovered hire charges, damage and costs we incur.
You may terminate the Agreement at any time by returning the Vehicle and paying any amounts properly due.
13. Our Liability
Nothing in these Terms limits any rights you have under the Australian Consumer Law.
To the extent permitted by law, we are not responsible for:
- loss or damage to personal property in the Vehicle; or
- any indirect or consequential loss arising from your use of the Vehicle.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia.
You and JAC Rentals agree to submit to the non-exclusive jurisdiction of the courts of Victoria.