car rental agreement template australia

 

 

 

 

(Please use BLOCK letters)

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Item 1. Operator details

Surname/family name Given name Second initial Date of birth

/ /

Business name Australian Business Number (ABN)

Company name Australian Company Number (ACN)

Address

Suburb Postcode

Telephone (business) Telephone (home)

Mobile Email

Operator accreditation number Expiry date

/ /

Item 2. Driver details

Surname/family name Given name Second initial Date of birth

/ /

Business name Australian Business Number (ABN)

Address

Suburb Postcode

Telephone (business) Telephone (home)

Mobile Email

Driver’s licence number Expiry date

/ /

Driver accreditation number Expiry date

/ /

Item 3. Taxi details

If this Agreement applies to more than one Taxi, please complete a list of fleet vehicles and attach to Part E.

Taxi registration number or refer to list of fleet vehicles (Part E)

Vehicle type and model or refer to list of fleet vehicles (Part E)

Licence type or refer to list of fleet vehicles (Part E)

Licence number or refer to list of fleet vehicles (Part E)

Part B – Schedule continued

5

Item 4. Time, place and method of payment to Operator

Time Payment method (cash etc)

Place

Item 5. Duration of Agreement

Commencement date / / Completion date / /

Item 6. Garage

Address

Suburb Postcode

Item 7. Bond

Amount of bond:

$

If bond is to be paid in increments, amount per Shift:

$

Item 8: Insurance policy details

Insurer

Insurance type (ie third party property/fully comprehensive)

Policy number

Policy expiry date

Item 9. Additional terms

If the parties agree to any other terms that are not already listed in this Agreement, these must be written here. The Driver and

Operator must initial each new term included.

(Please use BLOCK letters)

Part C – General conditions

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1. Background

1.1 The Operator allows the Driver to take possession of

and drive the Taxi subject to the terms of this Agreement.

1.2 If the Operator operates more than one Taxi and wishes

to make all or some of them available to the Driver, those

Taxis are listed in Item 3 of the Schedule. This Agreement

applies to each of those Taxis.

2. Possession and use of Taxi

2.1 The Operator allows the Driver to take possession

of the Taxi and to use all the Equipment in the Taxi

in accordance with the terms of this Agreement.

3. Life of agreement

3.1 This Agreement begins when the parties have both

signed this document, or on a later date specified in Item

5 of the Schedule. If there is no written and/or signed

Agreement between the parties, the Agreement begins

when the Driver first logs on to the Operator’s Taxi or, if

the Driver does not log on, when the Driver starts his first

Shift in the Operator’s Taxi.

3.2 This Agreement ends on the Completion Date specified in

Item 5 of the Schedule, unless

(a) terminated earlier in accordance with clause 9; or

(b) extended by written agreement signed by both parties.

NOTE:

(a) Clauses 4 to 10 are implied into this

Agreement under section 162L of the

TCMA and must not be amended or

removed under any circumstances.

(b) Even if they are physically removed from

this written Agreement, these conditions

will still apply by operation of the law.

(c) It is an offence under section 162M

of the TCMA for either the Driver or

the Operator to breach any of clauses

4 to 10. If either party does breach one

or more of these clauses, that party

may be fined up to 120 penalty units for

an individual or 600 penalty units for a

body corporate.

4. Parties’ earnings

NOTE:

This clause 4.1 repeats the requirement in

section 162L(2) of the TCMA.

4.1 The Driver must keep, or be paid, at least 55% of the

Gross Fares earned while the Driver has control of the

Taxi. For the purposes of section 162L(2) of the Act,

‘Gross Fares’ means:

(a) the total amount of all fares accrued on the meter,

including any applicable:

i) booking fee;

ii) high occupancy fee;

iii) late night surcharge; and

iv) public holiday surcharge,

but does not include CityLink or Eastlink tolls, any

non-cash payment surcharge and any fees charged by

Melbourne Airport.

4.2 The Operator must maintain a record of:

(a) all payments made between the Operator and Driver, and

(b) all Shifts worked by the Driver;

(c) the total amount of Gross Fares earned during each

Shift; and

(d) all surcharges charged during a Shift

and must provide copies of these records to the Driver

at the end of each calendar month.

4.3 The Operator must not charge the Driver any fee or

surcharge that would be subtracted from the Driver’s

agreed share of the Gross Fares (which must be at least

55 per cent).

NOTE:

The wheelchair lifting subsidy* is not part of

the Gross Fares, and must be split between

the Driver and Operator in accordance with

the Taxi Licence Conditions as in force from

time to time.

* In this note, wheelchair lifting subsidy has

the meaning given in regulation 49(8) of

the Regulations.

 

 

 

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