Dual Control Car Hire

dual control car hire driving lessons With our Dual Control Cars you have more control of the car.

We all know how a learner can suddenly accelerate instead of braking and in the
passenger side you will have our own manual or automatic foot controls.

To hire the car you will need to meet the conditions as laid out below.

Terms and Conditions

1. No Agency
The Customer acknowledges that:

the Customer has hired the Vehicle entirely for his own purposes or for the purpose of supervising the driving of the Learner and not for any purpose in respect of the Owner;
the Customer will not use the Vehicle for any commercial or business purpose and in particular the Customer will not charge the Learner or any other person any fee for providing driving lessons in the Vehicle; and
neither the Customer nor any other driver or passenger is the agent of the Owner for any purpose.

2. Warranty by Customer
The Customer warrants and represents to the Owner that:

the Customer holds a current open licence to drive the Vehicle in Queensland for at least 2 years;
the Customer is over 25 years of age;
the Learner has previously completed not less than three one hour driving lessons with the Owner or another accredited driving school ;and
whilst the Learner is driving the Vehicle, the Customer will at all times be in control of the dual controls of the Vehicle.

3. Use of Vehicle
The Customer agrees and acknowledges that:

the Vehicle will be driven in a safe and reasonable manner in accordance with all relevant laws by no person other than the Customer and the Learner and only within the Authorised Area of Use or such other area as the Owner may agree upon;
the Vehicle must only be driven on bitumen sealed roads;
prior to signing this Agreement the Customer has read the Vehicle Condition Report and has inspected the Vehicle and agrees that the Vehicle is in the condition referred to in that report and is in good order and running condition;
the Customer will return the Vehicle to the Owner on the due time and date specified herein at the Owner's place of business (or as otherwise directed by the Owner) in the same condition as it was received by the Customer as specified in the Vehicle Condition Report save only for ordinary wear and tear. If the Vehicle is not returned to the Owner by the due time and date then the Customer will pay to the Owner on demand any loss suffered by the Owner as a result in the Customer's delay in returning the Vehicle calculated as follows:
up to 1 hour late — the Owner's current rate for 3 driving lessons;
over 1 hour late — the Owner's current rate for 6 driving lessons.
the Vehicle will be returned to the Owner with the same quantity of fuel as was in the Vehicle when it was received by the Customer failing which the Customer will pay to the Owner the cost of the shortfall in fuel together with a further service fee of $25.00. The Customer must only use the type of fuel designated for the Vehicle as identified on the Vehicle;
ANIMALS AND SMOKING ARE NOT PERMITTED in the Vehicle otherwise further cleaning charges may apply under the provisions of the following sub-clause 3(g);
the Customer will return the Vehicle to the Owner in the same state of cleanliness as it was received failing which the Customer will pay to the Owner the cost of cleaning the Vehicle including if necessary the cost of professional vehicle detailers;
the Customer must immediately report to the Owner the theft of the Vehicle or any incident involving the Vehicle which results in damage to the Vehicle or to any other property or injury to any person and must immediately report the theft of the Vehicle or any traffic incident involving the Vehicle to the Police;
the Customer must pay for all fines and penalties incurred in respect of the Vehicle during the period of hire such as (but not limited to) parking fines and traffic infringements if the Owner becomes liable to pay any fine or penalty as a result of the Customer's failure to pay the same then the customer shall pay the fine or penalty to the Owner together with a further administration fee of $30.00;
the Vehicle will not be used for any illegal purpose;
whilst the Learner is driving the Vehicle, the Customer must ensure that appropriate “L” plates are displayed on the Vehicle and the Customer will remove the “L” plates whilst the Customer is driving the Vehicle;

4. Credit Card Authority
The Customer hereby authorises the Owner to debit against the credit card or cash deposit provided when this Agreement was signed (and the Customer will pay on demand any balance of) the following charges:

the Hire Charge including any charges specified in Clauses 3(d), (e) and (g);
any parking fines or any other penalties imposed on the Owner in respect of the Vehicle during the period the Vehicle is hired by the Customer;
any loss and damage under Clause 5;
any other charges payable under this Agreement. The authority contained herein is irrevocable and the Owner is authorised to make the debit referred to above at any time after the return of the Vehicle. If the Owner makes a debit against the Customer's credit card pursuant to this Clause then the Owner shall be entitled to claim a further administration fee of $30.00.

5. Customer's Liability for Theft, Loss & Damage

Unless otherwise provided in this Agreement or unless otherwise provided by law, the Customer is liable for and must pay for any and all loss and damage suffered by the Owner of whatsoever nature arising from the theft of the Vehicle or with respect to or in any way connected with the use or hire of the Vehicle by the Customer and resulting from any cause whatsoever. The liability of the Customer does not cease upon the return of the Vehicle or return of a cash deposit.
The Customer acknowledges and agrees that the Learner has limited driving experience and accordingly the Customer accepts any and all risk and liability in relation to any loss, damage or personal injury to the Customer or the Learner may suffer as a result of the Customer or Learner driving this Vehicle and the Customer hereby agrees to indemnify and keep indemnified the Owner against any liability that the Owner might incur as a result of the Customer or Learner driving the Vehicle.
If the Customer elects to accept the damage waiver by paying the Insurance Excess and the Owner’s insurer accepts the claim the Owner waives any liability of the Customer for any loss and damage to the Vehicle.
If the Customer further elects to accept and pay the Excess Reduction Fee then the Reduced Excess shall apply in lieu of the Excess for the purpose of Clause 5 (c) above.

6. Owner's Limited Liability
The Owner shall not be liable for any loss to the Customer or any other person for any property damaged or stolen from the Vehicle.
7. Owner May Recall Vehicle
In the event that the Owners requires the Vehicle urgently for providing driving lessons then the Owner has the right to either:
(a) If the Customer has not yet taken delivery of the Vehicle- delay the date for commencement of the rental period to a date to mutually agreed with the Customer or failing agreement the Owner may terminate this Agreement without any liability to the Customer other than the refund of any deposit paid; or
(b) If the Customer has taken delivery of the Vehicle- the Owner may recall the Vehicle in which event the Owner will give to the Customer credit for the period that the Vehicle is recalled plus one additional full day at no further charge to the Customer.
8. General Provisions

This Agreement is governed by and construed under the law in the State of Queensland.
The rights of a party under this Agreement are cumulative and not exclusive of any rights provided by law.
Any provision of this Agreement which is invalid will be severed from this Agreement without invalidating or affecting the remaining provisions.

9. Definitions and Interpretation

In this Agreement unless the context otherwise requires:

"Authorised Area of Use" means the boundaries of the Cairns Regional Council;
"Customer" means the person named in the Rental Agreement to which these terms are attached;
"Excess Reduction Fee" means the fee set out in the Rental Agreement to which these terms are attached;
"Hire Charges" means the charges set out in the Rental Agreement to which these terms are attached;
“Learner” means the person named in the Rental Agreement to which these terms are attached;
"Insurance Excess" means the amount set out in the Rental Agreement to which these terms are attached;
"Owner" means Chikkat Pty Ltd ACN 137 625 183 as trustee for the Philip Evans Family Trust trading as Suncity Driving School;
"Reduced Excess" means the amount set out in the Rental Agreement to which these terms are attached;
"Vehicle" means the vehicle described in the Rental Agreement to which these terms are attached;
"Vehicle Condition Report" means the report prepared by the Owner stating the condition that the Vehicle is in immediately prior to the execution of this Agreement;
"Loss and damage" means any and all damage to property (including the Vehicle) and any loss sustained and all causes of action, claims (including but without limiting the generality of the foregoing claims for towing storage and repairs to the Vehicle, legal costs and claims for consequential loss of profit and claims for any and all forms of economic loss), demands, actions, suits or proceedings in respect of or in any way connected with the Vehicle or the use of the Vehicle. Furthermore, where the Vehicle is damaged, written off or stolen, the Owner's loss and damage will include the cost to replace the Vehicle with a vehicle of comparable quality disregarding the book value of the Vehicle together with the income lost as a consequence of the Owner being unable to rehire or use the Vehicle in the Owner’s driving school business until it is repaired or replaced.

In this Agreement unless the context otherwise requires:
clause and subclause headings are for reference purposes only;
the singular includes the plural and vice versa;
words denoting any gender include all genders;
reference to a person includes any other entity

recognised by law and vice versa;

any reference to a party to this document includes its successors and permitted assigns;
an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;
an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally.