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SURFERS
PARADISE CAR HIRE DISCLAIMER
PLEASE READ CAREFULLY THE FOLLOWING WITH RESPECT
TO SURFERS PARADISE CAR HIRE’S DISCLAIMER:
All information on this site is copyright to
Surfers Paradise Car Hire (ABN) or has been reproduced with the
consent of our business partner.
Information appearing on this site is general
information only and does not constitute an offer or an
intention to enter into a legally binding Contract.
Products and Services offered within this site
are available to Approved Applicants ONLY and are bound by the
Laws and Statutes of the Commonwealth of Australia and its
States and Territories.
Kanga Car and Moped Hire aim to provide low cost
early model and near new vehicles only. In no way do we or our
affiliated companies claim to offer New vehicles for hire. As
such Surfers Paradise Car Hire cannot guarantee the availability
of Non factory fitted accessory Items including but not limited
to CD’s and MP3 players, GPS, AC/Climate control Cruise control
and the like. Should you specifically require any non essential
accessory or prefer only New Model vehicles we recommend you
accept the much higher premiums advertised by the major car
rental companies.
However, We are now able to provide New Cars with
extras such as CD players, icy cold Air Conditioning and Air
Bags in automatic comfort at a comparatively lower rate.
However, if you hire an older vehicle, please do not be under
the misapprehension that you can claim the older car does not
suit you and therefore you require the New Car at the same rate.
What you pay for is what you will get and any upgrade will cost
you the full upgrade charges.
Surfers Paradise Car Hire has made every effort
to accurately inform visitors to this Web Site and the Web Site
of Affiliated Web Sites of the vehicle age and condition, and
the inability to supply such non essential accessories shall not
be considered grounds for refund, exchange, replacement or
substitution of any hire vehicle. Air Conditioning in older
model vehicles supplied shall be in accordance with the year of
manufacture of the vehicle and in no way comparable to air
conditioning in a new vehicle.
Pick Up and Drop Off Services
Pick-up and drop off services refer to the paying
customer only. We do not offer delivery or collection of Hire
Vehicles. All vehicles MUST be returned to the Business Premises
OR the exact location as noted within the rental agreement.
Should the hirer fail to return the vehicle to the correct
location at or before the contracted time and date of return
additional charges will apply.
Free and/or Paid Pick-up and Drop off services
are subject to availability and include a MAXIMUM of 4 persons
with reasonable luggage. ‘Reasonable luggage’ being no more than
can be safely stored within the vehicles ‘boot’ area. At NO time
will our company or its staff allow luggage or its contents to
be transported on the roof of or within the cabin area of a hire
vehicle.
Additional services can be purchased or arranged
by the Hirer, at the Hirers’ own expense, to transport any
excess persons or luggage that can not be safely stored as
outlined above. Should the hirer fail to arrange such additional
services PRIOR to the Pick Up or Drop Off date, then the hirer
shall be required to pay equivalent to but not exceeding the
normal ‘Taxi’ fare between the two points. It shall be the sole
responsibility of the Hirer to make suitable arrangements for
the transportation of any additional passengers or excess
luggage from the Point of Pick up or Drop Off to their
accommodation or Departure Location
In all instances the inability to transport the
Hirer’s excess baggage as outlined above will not constitute
grounds for cancellation of the Vehicle Hire and the original
Booking and/or Rental Agreement shall stand. Should the hirer
fail to collect the hire vehicle, then the total amount shall be
charged and the allotted hire time shall begin at the time noted
within the booking form. The hire period shall end at the time
and date shown within the original booking form irrespective of
the date and time of actual collection. Should the hirer fail to
return the vehicle at the original return time and date
additional rental charges will apply.
Surfers Paradise Car Hire may post on this Web
Site any information it may receive from a Third Party Vendor or
Providor of their Products and Services. We are not, nor will we
be, responsible for any inaccuracies in information provided to
this Web Site by either the Surfers Paradise Car Hire or Third
Parties. Surfers Paradise Car Hire provides information which it
believes is accurate although it cannot verify the information
as provided. Consequently, information provided herein may
contain inaccuracies or Errors and/or Omissions.
Surfers Paradise Car Hire makes no
representations about the Accuracy, Reliability, Totality, or
Suitability of the information herein. As information provided
may be Inaccurate, and in some cases Mislabelled, or Described
in a Deceptive Manner, whether it be innocently or not,
responsibility remains with the user to exercise caution and
common sense, remembering those famous words "Let the buyer
beware." Surfers Paradise Car Hire is not responsible for the
misinterpretation or mislabelling of information provided
herein. Use of this web site, and information provided, is at
your own risk.
Products & Services
Surfers Paradise Car Hire will not and cannot
guarantee fulfilling Bookings and/or Reservations made on this
Web Site. Specifically, Surfers Paradise Car Hire is not
responsible for Errors and/or Omissions, Overbooking,
Cancellation, Any Failure to provide the Type, Quality,
Quantity, or Suitability of Products or Services either Expected
or Prearranged, or any Other Actions. Surfers Paradise Car
Hire's refund policy is as stated in the Terms and Conditions as
advertised on this Web Site and, if granted by the Company, is
within a 30 day time frame and Surfers Paradise Car Hire can not
and will not be held responsible for repercussions caused by
Banks, Delayed Funds including but not limited to Penalty and
Overdraft Charges, Currency Fluctuations and the like.
Further to the above, risks may be associated
with the use of Products and Services offered on this Web Site
(e.g. travel and/or accommodation services). You assume all
risks associated with the purchase or use of the Products and
Services, provided on this web site.
As we do not, and cannot, control the behaviour
of Third Party Vendors and/or Providers associated with the
Products and Services, you hereby release Surfers Paradise Car
Hire (and our Agents, Employees and Directors) from any and all
Claims, Demands and Damages (Actual, Consequential, Direct and
Indirect) of every kind and nature, known and unknown, arising
out of, or in any way connected with, any disputes you may have
with one or more of our Third Party Vendors and/or Providers,
including Surfers Paradise Car Hire.
Disclaimer of Warranty
This Web Site and the information herein are
provided exactly as it is stated herein and without any
warranties of any kind.
Surfers Paradise Car Hire does not warrant that
the Web Site operates free of errors or that the site is free
from any computer viruses or other harmful mechanisms. If your
use of the site, or the materials provided herein, result in the
need for service or replacing equipment or data, Surfers
Paradise Car Hire will not be liable for any costs incurred,
whatsoever.
Disclaimer of Damages
In no event shall Surfers Paradise Car Hire,
Third Party Vendors and/or Providers that it deals with, or any
other entity mentioned on this Web Site be liable for any
damages whatsoever resulting from use of the Surfers Paradise
Car Hire Web Site and any material therein.
Limitation of Liability
The aggregate liability to you from Surfers
Paradise Car Hire for any and all claims arising from the use of
this site, or Products and Services provided herein, is limited
to $100.
Indemnity
By entering and dealing with this Web Site, you
hereby agree to Defend, Indemnify, and Hold Harmless Surfers
Paradise Car Hire, its Officers, Directors, Employees, Agents
and Third Party Vendors and Providors, from and against any and
all Claims, Actions and/or Demands, including and without
Limitation reasonable Legal and Accounting Fees, whether
Alleging or Resulting from your usage of this Web Site, or the
Products and Services provided herein.
Usage of the Kanga Site
You can use this Web Site for the Sole Purpose of
making or producing Legitimate Reservations and/or Purchases.
You shall not use this Web Site for any other purpose, including
without limitation, to make or produce any Speculative, False or
Fraudulent Reservation or any Reservation in Anticipation of
Demand.
Competency
By entering and utilising this Web Site, you
hereby acknowledge that you are of adequate legal age and are
legally entitled to the capacity to enter into and create a
binding legal obligation for any liability which you might incur
as a result of your use of this Web Site. You hereby agree that
you are financially responsible for all your usage of this Web
Site by yourself and those who either possess or utilise your
password and/or identity information.
The Surfers Paradise Car Hire Agreement and its
performance shall be governed by the Statutes and Laws of the
state of Queensland and the Commonwealth of Australia, without
regard to its Conflict of Laws Provisions. You hereby consent
and submit to the Exclusive Jurisdiction of State and Federal
Courts located in the State of Queensland, Australia, in all
questions and controversies arising out of your use of the Kanga
Car & Moped Web Site and its Agreement.
Severability
Terms and Conditions as stipulated herein and
here above shall be deemed severable. In the event that any
provision is determined to be unenforceable and/or invalid, such
determination shall not affect the validity and enforceability
of any other provisions contained herein and here above.
General Provisions
Terms and Conditions here above and within the
terms and conditions page of this website, constitute the whole
agreement between Surfers Paradise Car Hire and any and all
Users of this Web Site relating to the subject matter hereof,
and shall supersede any and all other Understandings and/or
Agreements not included herein (whether it be oral or written)
with regards to the subject matter. These terms may not be
amended or modified except in writing or by amendments or
modifications posted by Surfers Paradise Car Hire on this Web
Site. In no instance shall any oral representation constitute
any modification of this agreement. As is Company Policy, all
representations of any kind MUST be made in writing.
Any and All information can be Changed, Withdrawn
or Amended without notice. All Prices are subject to change
without notice and quoted on Off Peak Rates and Conditions
Apply. Whilst every care has been taken in producing accurately
the information on this site, Surfers Paradise Car Hire does not
guarantee the accuracy of the information.
Subject to any terms implied by law and which
cannot be excluded, Surfers Paradise Car Hire is not responsible
for any loss, damage, cost or expense incurred by you as a
result of any error, omission or misrepresentation in relation
to this site. Details of our policies regarding the privacy of
your personal information (including use of this website,
e-mails and interactive functions) are contained in our Privacy
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