Terms and Conditions

By entering into the Rental Agreement, you acknowledge and agree that Budget Car Hire Cairns can recover any additional charges specified in the Rental Agreement from you. This may include administration fees, theft, loss, and damage costs (subject to applicable excesses), toll charges, parking and traffic fines, court costs, and any other applicable charges.

These terms provide essential information for you and any Additional Drivers regarding your rental, including what to bring when picking up the vehicle, your responsibilities to Budget Car Hire Cairns, and our responsibilities to you.

We aim to ensure you have a pleasant experience with us and are well-informed. Therefore, it is crucial to read these terms thoroughly before signing the Rental Document. Taking a few minutes now can prevent potential issues later.


1. UNDERSTANDING YOUR RENTAL AGREEMENT

What is the Rental Agreement?
The Rental Agreement between Budget Car Hire Cairns and You is established on the date indicated on the Rental Document concerning the Vehicle. It consists of that Rental Document and these Terms and Conditions. This agreement outlines our responsibilities to You and Your responsibilities to Budget Car Hire Cairns when renting a vehicle and any optional extras.

Who is the Rental Agreement With?
The Rental Agreement is between You and the vehicle rental provider named on the Rental Document.

Depending on where and how You booked, Your booking agreement may have been with another party. They will have provided Your details to Budget Car Hire Cairns so that we can facilitate your rental.

When Does the Rental Agreement Become Legally Binding?
The Rental Agreement becomes legally binding when You sign the Rental Document upon collecting the Vehicle from Budget Car Hire Cairns.

Before You Sign the Rental Document
Please carefully review all provided documents. If You believe You have not received all necessary documents, or if there is anything unclear or disagreeable, please speak to a team member.

By Signing the Rental Document…
By entering into the Rental Agreement, You agree to be bound by the terms and conditions set out in:

  • These Terms and Conditions
  • The Privacy Collection Statement (Annexure A)
  • The Pricing Schedule (Annexure B)
  • Electric Vehicle Terms and Conditions (Annexure C)
  • Locations where You can and cannot drive the Vehicle (Annexure D)
  • The Link Terms and Conditions (Annexure E)

In Summary, You Agree To…

  • Rent the vehicle identified as part of the Rental Agreement - and any optional extras for the Pre-agreed Rental Period.
  • Pay the amounts described in the Rental Agreement.
  • Pay rental fees for any extension to the pre-agreed rental period – as well as any optional extras agreed to verbally.
  • Pay relevant administration charges, fees, theft, loss and damage costs (subject to any relevant excesses applying), toll charges, parking, traffic or other fines or charges, court costs, and/or any other charges according to the terms of the Rental Agreement.
  • If You opt to pay in a currency other than that stated on the Rental Document, the exchange rate used will be confirmed by Budget Car Hire Cairns at Point of Sale (POS).

When You sign, You are authorizing Budget Car Hire Cairns to charge the above costs to your payment card.

What is the Rental Period?
The Pre-agreed Rental Period is the rental period indicated on Your booking or reservation.

The actual Rental Period starts on the date shown on the Rental Document and ends when You return the Vehicle to Budget Car Hire Cairns.

Important
Additional charges may apply if the Rental Period does not match the Pre-agreed Rental Period – refer to Clauses 5 (Return of the Vehicle) and 12.1 (Payments due).

The Rental Period will be extended until the later of:

  • If you return the Vehicle to the pick-up location during normal opening hours, when You hand over the keys and any optional extras.
  • If You use the collection service, when You hand over the keys and any optional extras, and Budget Car Hire Cairns inspects the Vehicle with You at the collection location.
  • If You return the Vehicle outside of normal opening hours, when You leave the Vehicle on site at our rental location.

Additional Drivers
Only You and any Additional Drivers are allowed to drive the Vehicle.

Your Responsibility for Additional Drivers and Passengers
You are responsible for ensuring all Additional Drivers comply with the Rental Agreement and for any passengers that You or any Additional Drivers allow in the Vehicle. You are responsible for any costs or charges incurred by Budget Car Hire Cairns due to their non-compliance with the Rental Agreement.

Does It Cost to Have Additional Drivers?
You may be charged for each Additional Driver. Budget Car Hire Cairns will inform You of any applicable charges in advance.

Third Party Intermediaries
In some cases, Budget Car Hire Cairns works with third-party intermediaries. Whether You book directly with us or through a third-party intermediary, You will always enter into the Rental Agreement with the legal entity listed in this Rental Agreement. If You have any queries about which company You are contracting with when making a booking or collecting a rental Vehicle, please contact us directly for assistance.

Fees and Charges
Fees and charges that Budget Car Hire Cairns is entitled to charge without further consent from You (other than signing the Rental Agreement) are detailed in the Pricing Schedule (Annexure C). Additional fees and charges for optional services or Accessories will be explained at the time they are offered or disclosed in the Rental Agreement.

If You have pre-paid Your Vehicle booking, You also agree to Clause 12.5 (After Hours Provisions)

2. DRIVER

AUTHORIZED DRIVER AGREEMENT

AGREEMENTS AND ACKNOWLEDGEMENTS

  • Only those designated as Authorized Drivers are permitted to operate the Vehicle.
  • All Authorized Drivers must possess a current and valid driver’s license (excluding restricted, learner’s, or provisional licenses) and must have been licensed to drive vehicles in the same category as the rented Vehicle for at least the 12 months immediately preceding the signing of the Rental Document.
  • You and any Additional Drivers consent to Budget Car Hire Cairns verifying your driver’s license status, details, and records with relevant local authorities in Australia or New Zealand, including through the Driver Check service managed by the New Zealand Transport Authority.
  • Budget Car Hire Cairns reserves the right to prohibit you or any Additional Driver from operating the Vehicle if they:
    • Do not hold a valid and current driver’s license in the country of rental for the entire duration of the rental period.
    • Fail to present an international driver’s license or an official translation when required.
    • Have not held their driver’s license for the required minimum period specified by the rental location.
    • Have driving-related convictions.
    • Do not pass our reasonable identity, security, driver’s license, or credit checks.

ADDITIONAL DRIVERS

RESPONSIBILITY FOR THE ACTIONS OF AN AUTHORIZED DRIVER

  • You are accountable for the actions and omissions of each Authorized Driver and any individual you or any other Authorized Driver permits to drive the Vehicle. Neither you nor any unauthorized driver will benefit from any Loss and Damage Waiver, Excess Reduction, or Zero Excess option (if chosen or included in your Rental Charges) if you or any Authorized Driver allows an unauthorized driver to operate the Vehicle, resulting in damage to the Vehicle or third-party property.

ADDING AN AUTHORIZED DRIVER TO YOUR RENTAL AGREEMENT

  • To add an Authorized Driver, you may need to pay an Additional Driver Fee. The additional Authorized Driver must provide Apex with a valid driver’s license confirming their authorization to drive the Vehicle at the time the Rental Document is signed.

IMPORTANT NOTES

  • Only Authorized Drivers are allowed to drive the Vehicle.
  • Safeguarding the Vehicle key is your responsibility.
  • There are specific restrictions on where you can and cannot drive the Vehicle – refer to Clause 3 below and Annexure D (Restricted Areas for Vehicle Use) for further details.

3. PERMITTED AND PROHIBITED VEHICLE USAGE

AUTHORIZED ROAD TYPES

3.1 Authorized Drivers are permitted to use the Vehicle on roads that are properly formed and constructed, including sealed, metalled, or gravel roads.

PROHIBITED USAGE

3.2 Authorized Drivers are prohibited from using the Vehicle:

  • On beaches, in sand, or through streams, rivers, or flood waters.
  • On fire trails.
  • In snowy conditions or above the Snow Line, unless compliance with Clause 9 (Snow Cover) is met, including the purchase of Snow Cover.
  • In any areas specified in Annexure D - Restricted Driving Locations.

OTHER UNAUTHORIZED USAGE

3.3 Without written authorization from Budget Car Hire Cairns, Authorized Drivers must not use the Vehicle:

  • In restricted airport zones.
  • For travel into the Northern Territory from other locations.
  • For travel into Western Australia from other locations.
  • For travel off the Mainland unless connected by a bridge.
  • For travel out of the Northern Territory, Western Australia, or Tasmania.

AUTHORIZED DRIVER RESPONSIBILITIES

3.4 Authorized Drivers must:

  • Not use the Vehicle for any illegal activity, race, contest, or performance test.
  • Ensure the Vehicle does not carry more passengers than there are seat belt restraints available and that all passengers use these restraints appropriately.
  • Avoid operating the Vehicle under the influence of alcohol or drugs, adhering to legal limits of the region.
  • Not use the Vehicle for transporting passengers for payment.
  • Not use the Vehicle if it is damaged or unsafe.
  • Refrain from driving the Vehicle after an accident or collision with an object (including animals) without Apex’s prior written consent.
  • Only transport goods in compliance with all necessary approvals, permits, and licenses, in line with Manufacturer’s Specifications and Budget Car Hire Cairns recommendations.
  • Prohibit smoking within the Vehicle at all times.
  • Not transport any flammable substances with a flashpoint below 22.8°C or any explosive or corrosive materials without prior written consent from Budget Car Hire Cairns.
  • Not use the Vehicle to engage in, prepare, or assist in any criminal or terrorist activity.
  • Avoid using the Vehicle for towing or pushing anything without prior written consent from Budget Car Hire Cairns.
  • Ensure any towed load is properly secured, not exceeding the Vehicle’s capacity, and conforms with the Manufacturer’s Specifications and Budget Car Hire Cairns guidelines.
  • Pay all tolls, parking charges, cleaning fees, fines, and infringements related to the Vehicle.
  • Adhere to all applicable laws while using the Vehicle.
  • Refrain from registering or claiming any security interest in the Vehicle under the Australian Personal Property Securities Act 2009 (Cth).

4. VEHICLE MAINTENANCE, SECURITY, AND CLEANLINESS

CARING FOR THE VEHICLE

4.1 All Authorized Drivers are required to:

  • Maintain the Vehicle’s engine oils and coolant levels according to the Manufacturer’s Specifications, assuming Budget Car Hire Cairns has provided the Vehicle with these fluids at the appropriate levels.
  • Ensure the Vehicle is locked and secure when unattended, and safeguard the keys personally or in a secure, out-of-sight location when not in possession.
  • Comply with all seatbelt and child restraint regulations.

CHECKS BY BUDGET CAR HIRE CAIRNS

4.2 Budget Car Hire Cairns may perform identity, security, driving license, and credit checks before renting a Vehicle. If you do not meet the requirements of these checks, Budget Car Hire Cairns reserves the right to refuse the rental.

VEHICLE DATA TRANSMISSION

GEOLOCATION

4.3 Vehicles may be equipped with geolocation systems and tracking devices, which can monitor and record the Vehicle’s location, distance traveled, and speed. These devices may also be used to immobilize the Vehicle if Budget Car Hire Cairns suspects unauthorized or unlawful use. By renting the Vehicle, you agree to this tracking and data recording.

TELEMATICS DATA

4.4 You acknowledge that Budget Car Hire Cairns may receive telematics data from vehicles equipped with monitoring devices. This data includes information on fuel levels, distance, speed, location, vehicle damage detection, diagnostic information, and driving behaviors such as braking, acceleration, and cornering.

ROADSIDE ASSISTANCE

MECHANICAL ISSUES

4.5 Budget Car Hire Cairns provides 24-hour roadside assistance for inherent mechanical faults at no additional cost, provided the fault is not due to unauthorized use of the Vehicle as outlined in Clause 3, with the exception of minor legal infractions.

ROADSIDE CALLOUT FEE

4.6 You will be charged a Roadside Callout Fee for incidents caused by your actions or omissions, such as:

  • Emergency refueling.
  • Tire damage or failure (unless you have purchased Windscreen and Tyre Protection).
  • Electric Vehicle battery recharge.
  • Lost keys or keys locked inside the Vehicle.
  • Flat battery due to lights or other electrical equipment being left on.

EXCLUSIONS TO ROADSIDE ASSISTANCE COVER

4.7 If you have purchased Roadside Assistance Cover, it does not apply if the Vehicle has been used in breach of Clause 3 or for any additional amounts payable under Clauses 7.1 and 7.2 related to liability for loss and damage.

CLEANING AND REPAIRS

AUTHORIZED REPAIRS

4.8 You must not undertake repairs on the Vehicle without written authorization from Budget Car Hire Cairns. For reimbursement, you must provide an original tax invoice or receipt, allowing Budget Car Hire Cairns to verify the cost of repairs.

LIABILITY FOR CLEANING

4.9 If Budget Car Hire Cairns reasonably believes that smoking has occurred in the Vehicle or it has been returned in a condition that requires professional cleaning (excluding normal wear and tear), you may be charged for cleaning or odor extraction costs as outlined in Annexure B - Pricing Schedule, along with an administrative fee.

WINDSCREEN AND TYRE PROTECTION COVERAGE

4.10 Windscreen and Tyre Protection covers damage to all windows and tires, including the spare tire. It does not cover damage to mirrors, headlights, wheel parts, or damage resulting from your breach of the agreement or liability under Clauses 7.1 and 7.2.

ROADSIDE ASSISTANCE COVER: ADDITIONAL PROTECTION

This cover provides peace of mind for minor issues such as:

  • Non-mechanical, customer-at-fault roadside assistance call out fees.
  • Support for vehicle lock-outs and unlocking.
  • Jump-starts for flat batteries.
  • Tire changes (excluding the cost of the tire).
  • Towing up to 100km or to the nearest rental location within 100km.
  • Lost or replacement keys.

Without this cover, you may incur a Roadside Callout Fee as detailed in Annexure B - Pricing Schedule.

These terms provide essential information for you and any Additional Drivers regarding your rental, including what to bring when picking up the vehicle, your responsibilities to Budget Car Hire Cairns, and our responsibilities to you.

We aim to ensure you have a pleasant experience with us and are well-informed. Therefore, it is crucial to read these terms thoroughly before signing the Rental Document. Taking a few minutes now can prevent potential issues later.

By entering into the Rental Agreement, you acknowledge and agree that Budget Car Hire Cairns can recover any additional charges specified in the Rental Agreement from you. This may include administration fees, theft, loss, and damage costs (subject to applicable excesses), toll charges, parking and traffic fines, court costs, and any other applicable charges.

5. RETURN OF THE VEHICLE

HOW TO RETURN THE VEHICLE

5.1 You must return the Vehicle to Budget Car Hire Cairns:

  • At the place, on the date, and by the time shown on the Rental Document unless you have informed Budget Car Hire Cairns of a change prior to the return date and time and Budget Car Hire Cairns has consented to the change (such consent not to be unreasonably withheld); and
  • In the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted.

IF YOU WANT TO RETURN THE VEHICLE TO A DIFFERENT LOCATION

5.2 If you tell Budget Car Hire Cairns that you wish to return the Vehicle to a location other than that stated on the Rental Document, Budget Car Hire Cairns will advise you of the amount of the ‘One Way Fee’ that you may incur (unless Clause 5.6(a) applies to you). If you do not inform Budget Car Hire Cairns in advance, you may be required to pay a One Way Fee as set out in Annexure B - Pricing Schedule (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under Clauses 5.3 or 5.4 below.

IF YOU DO NOT RECEIVE OUR APPROVAL FOR A CHANGE TO YOUR RETURN OF THE VEHICLE

5.3 If you:

  • Return the Vehicle at a later date or time than that shown on the Rental Document;
  • Return the Vehicle to a place other than that shown on the Rental Document; or
  • Do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document,

the rates shown on the Rental Document and set out in Annexure B may continue to apply for the additional rental days, including any One Way Fee and Late Return Fee (if any). If you return the Vehicle to a place other than that shown on the Rental Document, a One Way Fee for the return of the Vehicle may apply.

RETURNING THE VEHICLE EARLIER THAN AGREED

5.4 If you return the Vehicle at an earlier date or time than that shown on the Rental Document or otherwise agreed in writing with Budget Car Hire Cairns, the rates shown on the Rental Document will not apply, and you must pay the current daily rate that would have been applicable for the Vehicle for the Rental Period if hired for that period at those rates, which is likely to be higher than the rates shown on the Rental Document.

5.5 If you have pre-paid your Vehicle booking, clause 5.4 does not apply, and you will not be entitled to a refund, but Budget Car Hire Cairns may recalculate payment for the booking.

WHEN THE VEHICLE MUST BE IMMEDIATELY RETURNED

5.6 Although we will try to contact you in advance where possible, Budget Car Hire Cairns may request the immediate return of the Vehicle or recover the Vehicle without informing you in advance if:

  • The limit on your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘One Way Fee’ becomes payable by you;
  • The Rental Period expires without satisfactory arrangements having been made by you with Budget Car Hire Cairns; or
  • Budget Car Hire Cairns has reasonable grounds to believe that:
    • The Vehicle has been or will be used for an unlawful purpose;
    • Damage to the Vehicle, or injury to persons or property has occurred; or
    • The Vehicle has been or will be used in an industrial dispute.

5.7 If Clause 5.6(a) above applies to you, Budget Car Hire Cairns will exercise its rights under that clause if Budget Car Hire Cairns is unable to contact you within three (3) days after unsuccessfully attempting to debit the Rental Charges.

OVERDUE VEHICLES

5.8 If you do not return the Vehicle on the date and by the time shown on the Rental Document or any extended date or time agreed with Budget Car Hire Cairns in writing, then:

  • After written communication with you and if the location of the Vehicle is unknown, Budget Car Hire Cairns may report the Vehicle as lost or stolen to the police; and
  • You must pay Budget Car Hire Cairns all Rental Charges (including additional Rental Charges) and compensate Budget Car Hire Cairns in accordance with Clause 7 (Liability for Loss or Damage) for any loss Budget Car Hire Cairns actually incurs (including all reasonable additional costs Budget Car Hire Cairns incurs in recovering the Vehicle or because the Vehicle was not available for rental by others when due) up to the time that the Vehicle is recovered by Budget Car Hire Cairns, except for losses caused or contributed to by Budget Car Hire Cairns.

Budget Car Hire Cairns will use reasonable endeavors to mitigate any loss suffered under this Clause 5.8.

YOUR LIABILITY FOR VEHICLE DOWNTIME

5.9 If you have breached the Rental Agreement and your breach of the Rental Agreement (or a breach of the Rental Agreement by any other Authorized Driver) has caused the downtime of the Vehicle, you may be liable to pay a per-day loss of revenue fee based on the actual downtime of the Vehicle or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime (Per Day Loss of Revenue Fee).

5.10 Calculation of the per-day loss of revenue fee in Clause 5.9 above will be calculated in accordance with the daily rate for that period (shown in your Rental Document) multiplied by the number of days of downtime, including any applicable GST.

5.11 If you are charged for downtime of the Vehicle in accordance with Clause 5.9, Budget Car Hire Cairns will inform you seven (7) days in advance before your account is debited.

OUR PROCESS FOR CONTACTING YOU ABOUT A VEHICLE RETURN ISSUE

5.12 Prior to exercising its rights under clauses 5.6(a), 5.6(b) or 5.8 above, Budget Car Hire Cairns will attempt to call you on your contact number and/or email you via the email address recorded in the Budget Car Hire Cairns system at least two (2) times to confirm whether an extension of your Rental Agreement or change to the payment method listed on your account is required.

5.13 If Budget Car Hire Cairns is unable to contact you within five (5) days after the designated drop-off date and time for the Vehicle shown on the Rental Document or any extended date or time agreed with Budget Car Hire Cairns in writing, then Budget Car Hire Cairns will proceed to exercise its rights under Clause 5.7 above.

6. FUEL

WHAT KIND OF FUEL TO USE IN THE VEHICLE

6.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.

REFUELING THE VEHICLE: LESS THAN 120 KILOMETERS DRIVEN

6.2 If you drive the Vehicle less than 120 kilometers during the Rental Period, you will be charged the Fuel Service fee per kilometer driven as set out in the Rental Document. Budget Car Hire Cairns will waive the Fuel Service fee if you present a receipt indicating you have refueled the Vehicle and the Vehicle has the same level of fuel that the Vehicle had when you rented it, as determined reasonably by Budget Car Hire Cairns’ visual or electronic inspection of the Vehicle’s fuel gauge.

REFUELING THE VEHICLE: MORE THAN 120 KILOMETERS DRIVEN

6.3 If

  • You drive the Vehicle 120 or more kilometers during the Rental Period;
  • You do not select the ‘prepaid fuel option’ in the Rental Document where that option is available; and
  • You return the Vehicle with less fuel in the Vehicle than the Vehicle had when you rented it;

you must pay Budget Car Hire Cairns the Fuel Service fee amount per liter as set out in the Rental Document. The Fuel Service includes the cost of fuel and all other costs associated with arranging to fill the Vehicle with fuel.

6.4 For the purpose of Clause 6.3 above, the fuel level of the Vehicle at the time you rent it and at the time you return it to Budget Car Hire Cairns is determined by visual or electronic inspection by Budget Car Hire Cairns of the Vehicle’s fuel gauge, and the kilometers driven. However, if a Fuel Service fee amount is charged, that amount will be based on the number of liters of fuel actually put into the Vehicle to return it to the level of fuel that the Vehicle had when you rented it.

IMPORTANT

Clauses 7 to 9 below set out when you will be held accountable for loss or damage to the Vehicle and our procedures for calculating your financial liability.

These procedures may cause detriment to you, so it is very important you read these clauses carefully and contact Budget Car Hire Cairns if you have any questions.

You may have rights under the ACL – see Clause 16 (Australian Consumer Law) for more details.

7. LIABILITY FOR LOSS OR DAMAGE

WHEN YOU ARE LIABLE FOR LOSS AND DAMAGE

7.1 Subject to Clauses 7.2, 7.3, 7.4 below, and Clause 8 (Loss Damage Waiver), you are liable:

  • To compensate Budget Car Hire Cairns for any damage to or loss of the Vehicle, including any incident, hail, flood, or storm-related damage, or theft of the Vehicle, which Budget Car Hire Cairns has reasonable grounds to believe has occurred during the Rental Period (including by reference to the Vehicle Condition Report); and
  • For damage to third-party property which Budget Car Hire Cairns has reasonable grounds to believe is caused or contributed to by you or another Authorized Driver or any person you or another Authorized Driver allow to drive the Vehicle, or by the Vehicle itself (Third Party Damage).

In respect of damage to or loss of the Vehicle, you must pay the lesser of:

  • The cost of repairing or replacing the Vehicle;
  • The DLF as set out in the Rental Document and payable in accordance with Clause 8 (Loss Damage Waiver); or
  • Any other amount that is your liability for the damage or loss of the Vehicle in accordance with the Rental Agreement.

WHEN YOU ARE NOT LIABLE FOR LOSS OR DAMAGE

7.2 In circumstances where:

  • Budget Car Hire Cairns is reasonably satisfied that the damage or loss is the result of your complying with Clause 4.4 (When You Must Not Use the Vehicle), or otherwise by the Vehicle itself; or
  • You were not otherwise at fault and the damage or loss occurred because of the actions of a third party who is not you, another Authorized Driver, or any person you or another Authorized Driver allowed to drive the Vehicle;

and the third party is not known to you, but you have provided all reasonable information and assistance to Budget Car Hire Cairns to assist Budget Car Hire Cairns to identify and contact the third party, you will not be liable for the DLF, or to compensate Budget Car Hire Cairns under Clause 7.1 above.

7.3 In respect of Third Party Damage, you are not liable to compensate Budget Car Hire Cairns to the extent that:

  • The damage to third-party property was not your fault;
  • The damage was the fault of the third party; and
  • The third party is not known to you, but you have provided all reasonable information and assistance to Budget Car Hire Cairns to assist Budget Car Hire Cairns to identify and contact the third party.

YOUR LIABILITY FOR DAMAGE OR LOSS THAT OCCURS IN THE EVENT OF A BREACH OF THIS RENTAL AGREEMENT

7.4 You must always comply with all of your obligations under this Rental Agreement, including those set out in Clauses 2, 3, 4, and 5.

8.LOSS DAMAGE WAIVER

When Loss Damage Waiver Applies

8.1 If you are liable for any loss or damage under Clause 7.1, Budget will waive that liability if you have adhered to the Rental Agreement and these Terms and Conditions. This waiver applies provided you pay the Excess Amount (where applicable and subject to Excess Reduction and Zero Excess, if any) stated on the Rental Document for each separate event or Incident involving:

  • Damage (including hail, flood, or storm damage) to, or loss of, the Vehicle; or
  • Damage caused by an Authorised Driver or anyone else during the Rental Period.

When Loss Damage Waiver Does Not Apply

8.2 The waiver will not apply if any of the following occur during the Rental Period, and you may be liable for the full cost of the following:

  • Overhead or Underbody Damage, including damage from contact with bridges, tunnels, trees, or car park structures, or damage from driving over gutters or kerbs at excessive speeds.
  • Water damage from driving through floods, creeks, or rivers.
  • Damage resulting from a breach of Clauses 3 (Vehicle use), 4.1 (Vehicle care), 4.8 (Repair arrangements), or 6.1 (Fuel use).
  • Deliberate or reckless damage to tyres or Accessories.
  • Theft of the Vehicle, except where the Vehicle is recovered and you are only liable for a lesser amount under these Terms and Conditions.
  • Loss or damage to personal property if caused by a breach of these Terms and Conditions.

8.3 Budget will take reasonable steps to mitigate its losses charged to you under Clause 8.2.

9. ASSESSMENT AND PAYMENT FOR LOSS OR DAMAGE

Payment of Excess Amount

9.1 Budget will debit your account with the Excess Amount if:

  • You must pay under Clause 8.1(a);
  • Fault is undetermined, but Budget reasonably believes you are at fault;
  • Required information under Clause 7.2 or Clause 11 has not been provided; or
  • You are not an Australian resident.

9.2 Each separate damage Incident will result in one Excess Amount being debited.
9.3 If Budget recovers a third-party payment, they will refund you up to the Excess Amount.

Reporting Third-Party Incidents

9.4 Report third-party involvement in writing, and Budget will take steps to determine fault and seek admissions.

Recovery Costs

9.5 'Recovery Cost' includes appraisal fees, retrieval, towing, storage costs, and administrative fees.
9.6 Budget will inform you of Recovery Costs in advance.
9.7 Recovery Costs will be added to damage repair costs for any refund calculations.
9.8 If total costs exceed the Excess Amount, you must pay the difference.

Calculation and Refund of Liability

9.9 Your liability for damage or loss is the lesser of repair costs or the market value of the Vehicle.
9.10 Budget will refund any excess payment above the final cost.
9.11 Budget will provide details of the final cost on request.

Stolen Vehicle

9.12 If the Vehicle is stolen and reported correctly, Budget will debit your account for the Excess Amount and attempt to recover the Vehicle. Refunds will be issued based on recovery costs and damage.
9.13 If you breach these Terms, your liability for a stolen Vehicle may be higher.

10. INCIDENT CLAIMS AND PROCEDURES

What to Do in Case of an Incident

10.1 In the event of an Incident, ensure that:

  • You promptly report it to local police (if required by law).
  • You report it in writing to Budget within 24 hours.
  • You do not make any liability admissions or settlements except as required by law.
  • Budget or its insurers can handle legal proceedings in your name.
  • You assist Budget with claims under any Substitute Vehicle Insurance.
  • You provide any additional information or assistance needed.

10.2 Budget will cover reasonable out-of-pocket expenses for compliance.

10.3 If non-compliance hampers Budget’s investigation, they will notify you of Rental Charges, and you authorize debiting from your account pending compliance.

10.4 You are not entitled to benefit from Budget's insurance policies.

11. PAYMENT

Authorisation and Charges

11.1 You authorize Budget to debit your account for:

  • All Rental Charges;
  • Amounts payable to others arising from your use of the Vehicle;
  • Replacement costs for lost or stolen Accessories or keys;
  • Card surcharges; and
  • Any other reasonable amounts owed to Budget under the Rental Agreement.12.2 Charges are subject to verification and adjustments by Budget.

Minimum Rental Charges

11.3 Minimum charge includes one day’s rental at the daily rate and the amount for kilometers driven.

11.4 Distance charges are measured by the Vehicle’s odometer.

After-Hours Fee

11.5 After-hours pick-up or return is available with advance notification and payment.

11.6 An After-Hours Fee applies as per the Pricing Schedule.

Payment Disputes

11.7 Dispute amounts by contacting Budget within 5 working days of notification.

11.8 For amounts under Clauses 11.1(c) or (d), Budget will not debit your account during the Notice Period.

Credit/Debit Card Authorisation

11.9 Financial institutions may take 7-10 working days to release excess authorised amounts.

Refunds

11.10 Budget aims to issue refunds within 14 days of them becoming payable.

Failure to Pay

11.11 Failure to pay amounts due within 14 days may result in Budget debiting your account for Collection Costs.12.12 Budget will contact you about overdue payments before debiting Collection Costs.

12. PAYMENTPAYMENT AUTHORIZATION

12.1 You authorize Budget Car Hire Cairns to debit your account for the following:

  • All rental charges
  • Any fees incurred from your use of the vehicle or imposed by government authorities
  • Replacement costs for lost or stolen accessories or keys
  • Card surcharges applicable to your chosen payment method
  • Any amounts owed to Budget Car Hire Cairns under the Rental Agreement, including breaches or other obligations. Budget Car Hire Cairns will provide detailed information on these charges and their calculations.

12.2 Each rental charge invoiced at vehicle return is subject to verification by Budget Car Hire Cairns. If adjustments are necessary to comply with these Terms and Conditions, Budget Car Hire Cairns will notify you using the contact details provided.

MINIMUM RENTAL CHARGESMINIMUM RENTAL CHARGE

12.3 The minimum charge for vehicle rental includes:

  • Time: one day’s rental at the daily rate specified in the Rental Document (subject to Clause 5.4, Returning the Vehicle Early)
  • Kilometers: charges for kilometers driven during the Rental Period

DISTANCE CHARGE

12.4 Distance charges are based on the vehicle's odometer readings.

AFTER HOURS FEE

12.5 At certain Budget Car Hire Cairns locations, you may pick up or return a vehicle after normal office hours provided you prepay and notify Budget Car Hire Cairns at least 24 hours in advance.

12.6 An additional After Hours Fee, specified in Annexure B – Pricing Schedule, applies to all after-hours arrangements. Please note, additional airport parking charges may vary by location.

PAYMENT DISPUTES

12.7 Budget Car Hire Cairns will notify you in advance of any amounts payable under Clause 12.1 (Payment Authorization). You may dispute these amounts by contacting customerservice@budgetcarhirecairns.com.au within 5 working days of the notification.

12.8 For amounts under Clauses 12.1(c) or (d), Budget Car Hire Cairns will not debit your account during the dispute period. You authorize Budget Car Hire Cairns to debit undisputed amounts at the end of the Notice Period.

CREDIT OR DEBIT CARD AUTHORIZATION

12.9 If paying Rental Charges by credit or debit card, you acknowledge that your financial institution may take 7-10 working days to release authorized amounts beyond Rental Charges requested by Budget Car Hire Cairns under Clause 12.1.

REFUNDS

12.10 Budget Car Hire Cairns aims to refund any owed amount within 14 days of it becoming payable, using a method chosen by Budget Car Hire Cairns.

FAILURE TO PAY BY YOU

12.11 If you fail to pay any amount under the Rental Agreement within 14 days of the due date, you must also pay Budget Car Hire Cairns's Collection Costs from the demand date, debited from your account.

OUR PROCESS FOR CONTACTING YOU ABOUT AN OVERDUE PAYMENT

12.12 Before invoking Clause 12.11, Budget Car Hire Cairns will attempt to contact you at the number on file to discuss alternative payment arrangements.

13. TERMINATIONWHEN CAN THE RENTAL AGREEMENT BE TERMINATED?

13.1 Either party may terminate the Rental Agreement immediately for breach by the other party.

13.2 Subject to Clauses 5.2 to 5.7 (Vehicle Return) and 12.3 (Minimum Rental Charge), you may terminate the Rental Agreement by returning the vehicle to Budget Car Hire Cairns at any time.

13.3 Budget Car Hire Cairns may terminate the Rental Agreement if required by law enforcement or regulatory authorities to take possession of the vehicle.

14. PROPERTY IN VEHICLELIABILITY FOR LOST, STOLEN, OR LEFT PROPERTY

14.1 Budget Car Hire Cairns and its employees are not liable for any loss or damage to property left in the vehicle by you or any other person.

15. DISPUTE RESOLUTIONBUDGET CAR HIRE CAIRNS COMPLAINT PROCESS

15.1 Budget Car Hire Cairns aims to respond to complaints within fifteen (15) working days of receipt, provided all necessary information is available.

15.2 If unable to respond within fifteen (15) working days, Budget Car Hire Cairns will inform you of the estimated response date within this timeframe.

15.3 Your complaint will be reviewed by a Budget Car Hire Cairns representative with appropriate experience, knowledge, and authority, different from those involved in the initial decision.

15.4 Budget Car Hire Cairns will provide a written response to your complaint, including the final decision, reasons for the decision, and details of external dispute resolution options.

COMPLAINT REFERRAL

15.5 If dissatisfied with the internal resolution, you may refer the complaint to the Australian Finance Industry Association (AFIA) through their online complaint lodgment at https://www.afia.asn.au/consumer-complaints/

15.6 Budget Car Hire Cairns commits to participating in the AFIA process in good faith, aiming for a mutually agreeable resolution.

16. AUSTRALIAN CONSUMER LAWYOUR RIGHTS UNDER AUSTRALIAN CONSUMER LAW

16.1 If you acquire goods and services in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses of any size, these Terms and Conditions are subject to this Clause 16.

16.2 These Terms and Conditions do not exclude, restrict or modify any right or remedy that you may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.

16.3 Regardless of anything stated in these Terms and Conditions, if you acquire goods (excluding those acquired for the purpose of resupply) or services from Budget Car Hire Cairns as a consumer, you have statutory guarantees under the Australian Consumer Law that cannot be excluded by any term of these Terms and Conditions.

YOUR RIGHTS: MAJOR FAILURES 16.4 For major failures with the service, you are entitled to:

  • Cancel your service contract; and
  • Receive a refund for the unused portion, or compensation for its reduced value.

For major failures with goods, you can choose a refund or replacement.

YOUR RIGHTS: OTHER FAILURES16.5 If a failure with the goods or service does not amount to a major failure, you are entitled to have the issue rectified within a reasonable time. If this is not done, you are entitled to a refund for the goods, cancel the service contract, and receive a refund for any unused portion.

16.6 You are also entitled to be compensated for any reasonably foreseeable loss or damage resulting from a failure in the goods or service.

17. GOVERNING LAW AND JURISDICTIONGOVERNING LAW

17.1 This Rental Agreement is governed by the laws of New South Wales, Australia.

JURISDICTION
17.2 You and Budget Car Hire Cairns agree to submit to the non-exclusive jurisdiction of the courts in New South Wales, Australia and waive any objections based on venue.

18. GOODS AND SERVICES TAX (GST)GST DISCLOSURE

18.1 Prices in this Rental Agreement specify whether they are exclusive of goods and services tax (GST). If exclusive of GST, the GST and final price are displayed in close proximity to the GST-exclusive price.

ADDITIONAL GST PAYABLE

18.2 If GST applies to a supply in addition to the displayed price, you must pay the GST amount to Budget Car Hire Cairns along with any consideration for the supply.

19. PRIVACY CONSENT FOR PERSONAL INFORMATION

19.1 Any Personal Information provided by you (including that of another individual with necessary consent) may be collected, used, and disclosed by Budget Car Hire Cairns for purposes outlined in this Rental Agreement, as described in the Privacy Notice available at Privacy Policy.

19.2 Do not provide Budget Car Hire Cairns with Personal Information of another individual without their consent and awareness of the Privacy Notice.

ANNEXURE A: PRIVACY COLLECTION STATEMENT

ABOUT THIS PRIVACY COLLECTION STATEMENT

Budget Car Hire Cairns values the protection of Personal Information. This Privacy Collection Statement explains how Budget Car Hire Cairns protects your privacy and outlines the collection, use, and disclosure of Personal Information. For more details, refer to our full Privacy Policy available at Privacy Policy or contact Budget Car Hire Cairns to request a copy.

This Privacy Collection Statement applies to Personal Information collected by Budget Car Hire Cairns only.

ABOUT BUDGET CAR HIRE CAIRNS

Budget Car Hire Cairns operates under JKBC Holdings Pty Limited ABN [Enter], a subsidiary of Budget Car Rental, LLC, based in Australia. These companies are part of the larger Budget Car Hire Group, managing numerous car rental locations globally.

WHAT PERSONAL INFORMATION DOES BUDGET CAR HIRE CAIRNS COLLECT AND HOW?

When you book or rent a vehicle from Budget Car Hire Cairns, we collect certain Personal Information from you and authorized drivers, including name, contact details, driver license number, payment details, and vehicle usage data. This information is collected directly or through agents, corporate programs, or partner programs.

Budget Car Hire Cairns may also collect Personal Information required under state vehicle registration laws. Failure to provide this information may impact our ability to provide services.

If you have any privacy concerns or wish to access or correct your Personal Information, contact our privacy officer:

By email: bookings@budgetcarhirecairns.com.au

ANNEXURE B: PRICING SCHEDULEFEE RATE INCLUDING GST CLAUSE

Late Return Fee $45.54 per day, in addition to the applicable daily rental rate for each day or part thereof that the return is delayed 6.3

One Way Fee A predetermined fee as noted on your Rental Document or $2.28 per kilometer 6.2

Collection Costs $85.39 plus 10% per annum interest on outstanding rental charges 12.9

Recovery Costs Determined by type of recovery 10.3

Roadside Callout Fee Determined by type of callout. Minimum $255.62 per callout 5.6

Professional Cleaning Charge $28.50 administrative fee plus professional cleaning costs 5.9

Electric Vehicle Recharge Fee between 10% and 77% $34.16 if Electric Vehicle returned with less than 77% charge but more than 10% Annexure C

Electric Vehicle Recharge Fee under 10% $68.31 if Electric Vehicle returned with less than 10% charge Annexure C

Additional Driver Fee $5.69 per day, maximum $39.85 per rental for each Additional Driver 2.3

Fuel Service fee As set out in Rental Document or Rental Agreement 6

Minimum Rental Charge As set out in Rental Document or Rental Agreement 12.3

Per Day Loss of Revenue Fee As set out in Rental Document or Rental Agreement 5.9

Note: All charges, including Excess and Loss Damage Waiver, are specified on Your Rental Document. Except for Card Fees and Premium Location Surcharges, amounts in this Annexure B include GST and Administrative fees."

ANNEXURE C: ELECTRIC VEHICLE TERMS AND CONDITIONS

Warning

Battery depletion can cause irreversible damage to the Electric Vehicle's battery. You are responsible for the costs associated with replacing batteries due to depletion.

  • Electric Vehicles should not be taken through automatic car washes.
  • The 'automatic driver' function of the Vehicle must not be used.

If you rent an Electric Vehicle from Budget Car Hire Cairns, you and any Authorized Driver agree to the following terms and conditions:

  • The daily rental rates do not cover the cost of electricity required for charging. Budget Car Hire Cairns will provide Electric Vehicles with a minimum of 77% charge, and you must return the Vehicle with the same or higher charge level.
  • If the Electric Vehicle is returned with less than 77% but more than 10% battery power, an Electric Vehicle Recharge Fee (as outlined in Annexure B – Pricing Schedule) will apply.
  • If the Electric Vehicle is returned with 10% or less battery power, a higher Electric Vehicle Recharge Fee (as outlined in Annexure B – Pricing Schedule) will apply.
  • If the Vehicle is returned without enough battery power to reach the closest charging station and requires towing, all related costs incurred by Budget Car Hire Cairns (such as towing costs) will be charged to you.
  • No Electric Vehicle Recharge Fee will be charged if the Vehicle is returned with more than 77% battery power.
  • The Fuel Service fee mentioned in your Rental Agreement does not apply to these Electric Vehicle Terms and Conditions.
  • Our Electric Vehicles are equipped with charging cables, which must be returned undamaged with the Vehicle at the end of the Rental Period. Failure to do so will result in a charge for the full replacement cost of the cables.
  • Damage to an Electric Vehicle's battery due to depletion or careless driving, including driving with zero battery power, driving over curbs or poor-quality roads at excessive speeds, is not covered by any Loss Damage Waiver, Excess Reduction, or Zero Excess arrangements. You are responsible for all reasonable costs associated with repairing or replacing such damage.
  • Driving the Electric Vehicle through an automatic car wash may result in damage not covered by any Loss Damage Waiver, Excess Reduction, or Zero Excess arrangements. You will be responsible for all reasonable costs associated with such damage.
  • If you choose to sign into any application within the Vehicle's infotainment system, you acknowledge that you are signing into your personal entertainment accounts (such as Netflix, Stan, Kayo, Apple Music, or Spotify). It is your responsibility to sign out of your accounts and the system at the end of your Rental Period. Budget Car Hire Cairns will not be liable for any future usage of your Account if your details have not been removed from the infotainment system by you.
  • You may have access to Tesla superchargers for recharging Tesla vehicles, with associated costs billed back to Budget Car Hire Cairns. These charges, plus an administration fee, will be billed to your original method of payment within thirty (30) days after returning the Vehicle.
  • You must comply with all Manufacturer’s Specifications.
  • You acknowledge and agree that our Electric Vehicles may be equipped with electronic devices enabling driver monitoring, including battery levels, distance, speed, vehicle location (longitude, latitude, and direction), vehicle damage detection, diagnostic information, braking, acceleration, and cornering data.

ANNEXURE D: WHERE YOU CANNOT DRIVE THE VEHICLE

QUEENSLAND

Vehicles are not permitted on the Bloomfield Track north of Cape Tribulation. The boundary starts at Cooktown in far north Queensland, runs south on State Route 81 to Mareeba, continues on National Route 1 through Atherton to Minamoolka. From Minamoolka, it follows State Route 62 (Kennedy Developmental Road) south to the Conjuboy turnoff, then southeast on State Route 63 (Gregory Developmental Road) through to Charter Towers.

From Charter Towers, continue south on National Highway A7 (Gregory Hwy) to Emerald. From Emerald, head east on National Highway A4 towards the coast, passing through Blackwater, Dingo, Duaringa, and Gogango. Approximately 10 kilometers past Gogango, the boundary turns south again and follows National Highway A5 to Dululu. Alternatively, continue on Gregory Hwy to Rolleston and then on Route 60 (Dawson Hwy) to Banana.

From Rolleston, head south on the Carnarvon Hwy to Roma, then east on the A2 towards Miles.

Leaving Dululu, the boundary continues south on National Highway A5 to Banana, and further south to Miles. From Miles, continue south on A5 towards Goondiwindi, passing through Condamine and Moonie until reaching Goondiwindi.