TABLE OF CONTENTS

1. Introduction

2. Definitions

3. Vehicle Details

4. Rental Period

5. Rental Fees and Payment Terms

6. Security Deposit

7. Driver Requirements

8. Obligations of the Renter

9. Permitted Use of Vehicle

10. Mileage and Geographic Limits

11. Fuel Policy

12. Insurance and Liability

13. Breakdown and Roadside Assistance

14. Maintenance and Repairs

15. Vehicle Condition and Damage

16. Prohibited Uses

17. Cancellation and Refund Policy

18. Late Return Policy

19. Traffic Violations and Fines

20. Personal Property

21. Privacy and Data Protection

22. Dispute Resolution

23. Governing Law

24. Severability Clause

25. Entire Agreement

26. Accessibility

27. Digital Agreements

28. Force Majeure Clause

29. Modifications to Terms

30. Acknowledgment and Acceptance

1. Introduction

This Agreement governs the rental of the wheelchair-accessible vehicle ("Rental Vehicle") from Blue Wing Care Pty Ltd ("Owner") to the individual or organisation renting the vehicle ("Renter"). By signing this Agreement, the Renter agrees to comply with all terms and conditions herein.

2. Definitions

• Owner: Blue Wing Care Pty Ltd (ABN 80 644 905 126).

• Renter: The individual or organisation renting the vehicle.

• Rental Vehicle: The wheelchair-accessible vehicle provided by the Owner.

• Rental Period: The agreed duration during which the Renter has possession of the Rental Vehicle.

• Authorised Driver: The Renter and any additional drivers approved by the Owner.

• Basic Excess: The amount the Renter must pay towards any claim under the insurance policy.

• Security Deposit: The refundable amount paid by the Renter prior to the Rental Period.

3. Vehicle Details

Available on request

4. Rental Period

Extensions to the Rental Period must be requested in writing via email to bookings@bluewing.care and are subject to approval. Additional charges may apply.

5. Rental Fees and Payment Terms

Pricing Structure

Monthly Hire

• Discounted rates are available upon inquiry. Please contact Blue Wing Care for a personalised quote.

Additional Fees

• Late Return Fee: An additional day's rental fee at the standard daily rate applicable to the booking will be charged for late returns.

• Cleaning Fee: $150 if the vehicle requires excessive cleaning upon return due to smoking, spills, pet hair, or another excessive dirtiness.

• Refuelling Fee: $3 per litre if the vehicle is not returned with a full tank of fuel.

• Administrative Fees: Applicable for processing traffic violations, fines, or toll charges incurred during the Rental Period.

o Traffic Violations and Fines: AUD $50 per violation

Please note:

• All rates are in Australian Dollars (AUD) and include GST where applicable.

• Mileage allowances are calculated on a per-day basis and are cumulative over the Rental Period. Unused kilometres do not carry over beyond the Rental Period.

• For Non-NDIS Clients, excess mileage charges will be calculated and invoiced upon return of the vehicle.

• For NDIS Clients, services provided will be billed in accordance with NDIS funding arrangements and guidelines.

Payment Terms

• Payment can be made via invoice or claimed directly from the NDIS plan after use.

• Organisations may use Stripe or other approved payment platforms upon request.

• Payments are due as per the invoice terms provided.

• Late payments may incur a fee of 5% of the outstanding amount for each week the payment is overdue.

6. Security Deposit

• Security Deposit Hold: A security deposit of $500 will be held on the Renter’s credit card prior to the Rental Period.

• Authorisation Requirement: The deposit must be authorized and held before the vehicle is collected.

• Release of Deposit:

o The security deposit will be released within 7 business days after the return of the vehicle.

o Full release occurs provided there is no damage, no unpaid charges, and no violations of the terms of this Agreement.

• Deductions from Deposit:

o In the event of any damage to the vehicle, unpaid charges, or violations of the Agreement, the Owner reserves the right to deduct the necessary amount from the security deposit.

o Any remaining balance after deductions will be refunded to the Renter within the specified 7 business days.

• Notification of Deductions:

o The Renter will be notified of any deductions made from the security deposit, including a detailed breakdown of the costs incurred.

7. Driver Requirements

• All drivers must hold a valid Australian driver's license or an international driver's license recognised in Australia.

• Age Requirements:

o No minimum age requirement.

o Additional insurance excess fees apply for younger or inexperienced drivers:

 Basic Excess: $2,000

 Young Driver Excess (under 21 years): Additional $800

 Young Driver Excess (21–24 years): Additional $400

 Undeclared Young Driver Excess: Additional $800

 Inexperienced Driver (e.g., international license holder): Additional $800

• Only Authorised Drivers listed in this Agreement may operate the Rental Vehicle.

• The Renter must provide a valid driver's license and any other required identification documents before the Rental Period begins.

8. Obligations of the Renter

The Renter agrees to:

• Ensure the Rental Vehicle is used in accordance with the terms of this Agreement.

• Keep the vehicle secure when not in use.

• Comply with all applicable laws and regulations while operating the vehicle.

• Notify the Owner immediately of any accidents, damages, or mechanical issues.

• Return the vehicle in the same condition as received, barring normal wear and tear.

9. Permitted Use of Vehicle

• The Rental Vehicle is to be used solely for disability transport support and personal transportation needs.

• The Renter agrees not to:

o Use the vehicle for commercial purposes (e.g., ridesharing, delivery services) without prior written consent.

o Allow unauthorised drivers to operate the vehicle.

o Use the vehicle for any illegal activities or in violation of any laws.

o Sublease or rent the vehicle to another party.

o Operate the vehicle under the influence of alcohol, drugs, or any other substance that may impair driving ability.

o Drive the vehicle outside Australia without prior written consent from the Owner.

10. Mileage and Geographic Limits

• Mileage Limits:

o One-Off Trips: Charges are based on the kilometres driven.

o Daily and Monthly Hires: No mileage limits apply.

• Geographic Limits:

o The Rental Vehicle must not be driven outside Queensland and New South Wales without prior written approval from the Owner.

11. Fuel Policy

• The Rental Vehicle will be provided with a full tank of fuel.

• The vehicle must be returned with a full tank of fuel.

• If the vehicle is not refuelled upon return, a refuelling fee of $3 per litre will apply.

12. Insurance and Liability

• The Rental Vehicle is fully covered by comprehensive insurance for accidents and damages, excluding theft.

• Insurance Excess:

o Basic Excess: $2,000

o Additional Excesses as per driver category (see Section 7).

• Renter's Liability:

o The insurance does not cover theft of the vehicle. The Renter is liable for the full cost of the vehicle in case of theft.

o The Renter is liable for any costs and damages not covered by insurance, including but not limited to:

 Damage caused by negligence or misuse.

 Damage resulting from violating the terms of this Agreement.

 Costs associated with loss of use of the vehicle.

• Accident Procedures:

o Notify the Owner immediately by calling 1300 938 965 and emailing claims@bluewing.care.

o Complete an incident report form provided by the Owner.

o Do not admit liability or settle any claims without the Owner's consent.

13. Breakdown and Roadside Assistance

• 24/7 roadside assistance is included at no additional cost.

• In the event of a breakdown, the Renter must contact the roadside assistance provider immediately at 13 11 22.

• If the breakdown is due to the Renter’s misuse (e.g., using incorrect fuel, negligent driving), the Renter is responsible for any towing and repair costs.

14. Maintenance and Repairs

• The Renter must take reasonable care of the vehicle, ensuring it is secured when not in use.

• The Renter must not perform or authorise any repairs or modifications to the vehicle without the Owner’s prior written consent.

• Any unauthorised repairs or modifications will be at the Renter’s expense.

15. Vehicle Condition and Damage

• A Vehicle Condition Report will be completed and signed by both Parties before the Rental Period commences, noting any existing damage.

• Upon return, the vehicle will be inspected, and any new damage will be the responsibility of the Renter.

• The Renter is responsible for minor damages such as scratches, dents, or interior stains not noted in the initial report.

16. Prohibited Uses

The Renter must not:

• Use the vehicle for any illegal purpose or in any illegal manner.

• Overload the vehicle beyond its rated capacity.

• Use the vehicle when it is damaged or unsafe.

• Use the vehicle for racing, off-road driving, or to carry hazardous materials.

• Smoke inside the vehicle.

• Transport animals without prior approval (only companion animals allowed).

17. Cancellation and Refund Policy

• Cancellations must be made in writing via email to bookings@bluewing.care.

• Refund Terms:

o No payment is required if cancellation is made with more than 48 hours' notice before the scheduled pickup time.

o Cancellations made less than 48 hours before the scheduled pickup will incur a charge of 50% of the total booking amount.

18. Late Return Policy

• Daily Late Fees:

o If the vehicle is returned later than the agreed return time, the Renter will be charged an additional day for each day the vehicle is returned late.

• Notification of Anticipated Late Return:

o If the Renter anticipates a late return, they must notify the Owner immediately.

o Approval Required: Extensions to the rental period are subject to availability and must be approved by the Owner.

o Additional Charges: Approved extensions may incur additional charges, which will be communicated to the Renter upon approval.

• Grace Period (Optional):

o A grace period of 1 hour may be provided for late returns without incurring a late fee. Returns beyond the grace period will be subject to the daily late fee as outlined above.

• Multiple Late Days:

o Late fees will continue to accumulate daily until the vehicle is returned or an extension is approved.

o Maximum Late Fee Cap: To prevent excessive charges, a maximum late fee of 5 days may be implemented. Beyond this cap, further actions such as additional fees or legal measures may be pursued.

• Payment of Late Fees:

o Late fees will be automatically added to the Renter’s invoice and must be paid in accordance with the Payment Terms outlined in Section 5.

o Disputes: Any disputes regarding late fees must be raised within 7 days of the fee being charged.

19. Traffic Violations and Fines

• The Renter is responsible for all traffic violations, parking tickets, tolls, and fines incurred during the Rental Period.

• Any fines or penalties received by the Owner after the Rental Period will be charged to the Renter, including any administrative fees associated with processing the violations.

20. Personal Property

• The Owner is not responsible for any personal items left in the vehicle during or after the Rental Period.

• The Renter is advised to remove all personal belongings upon return of the vehicle.

21. Privacy and Data Protection

• The Owner will collect and use the Renter's personal information in accordance with the Australian Privacy Principles and relevant laws.

• Personal information collected includes name, contact details, driver's license information, and payment details.

• The Owner will not disclose personal information to third parties except as required by law or with the Renter's consent.

22. Dispute Resolution

• In the event of any dispute arising out of or relating to this Agreement, the Parties agree to attempt to resolve the dispute through good faith negotiations.

• If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation before initiating legal proceedings.

23. Governing Law

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. Any legal actions or proceedings arising out of or relating to this Agreement shall be brought in the courts of New South Wales.

24. Severability Clause

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

25. Entire Agreement

This Agreement constitutes the entire agreement between the Renter and the Owner. Any amendments or modifications to this Agreement must be made in writing and signed by both Parties.

26. Accessibility

If you require this Agreement in an alternative format or have any accessibility needs, please contact us at bookings@bluewing.care, and we will be happy to assist.

27. Digital Agreements

• Electronic signatures on this Agreement are acceptable and binding.

• Communications via email or other electronic means are considered written notices.

28. Force Majeure Clause

The Owner is not liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including natural disasters, acts of war, or government actions.

29. Modifications to Terms

• The Owner reserves the right to update or modify these terms and conditions from time to time.

• The Renter will be notified of any significant changes prior to their next rental.

• Continued use of the Rental Vehicle after such updates constitutes acceptance of the new terms.

Disclaimer: The terms and conditions are subject to change.