LOSS AND DAMAGE

LOSS AND DAMAGE

  • You are liable:
    1. For the loss of, and all the damage to, the Vehicle.
    2. For all damage to the property of any person which is caused or contributed to by you or any other person you allow to drive the Vehicle or which arises from the use of the Vehicle by you or any other person you allow to drive the Vehicle.
  • Subject to clauses 11.3 and 11.4, we waive your liability under clause 11.1 for damage to or loss of the Vehicle and will ensure that you and any Authorised Driver are entitled to be indemnified under the Insurance Policy if:
    1. You accept and pay for the Loss Damage Waiver option in the Proposal (or if it is included in your rate).
    2. You pay the Excess Amount for each separate event involving (i) damage (including hail damage) to, or loss of, the Vehicle or (ii) damage to the property of any third party which is caused by the use of the Vehicle by you or an Authorised Driver.
  • You must always pay us the following costs and fees:
    1. The cost of repairing any:
      • Overhead Damage or Underbody Damage.
      • Water damage to the Vehicle.
      • Damage to the Vehicle or to the property of any third party caused by a breach of clauses 6, 7.1 or 8.
      • Damage to a tyre or an Accessory not attributable to normal wear and tear.
      • Damage to the Vehicle or to the property of any third party caused deliberately or recklessly by you, any other driver of the Vehicle or any passenger carried during the Rental Period.
    2. The cost of replacing, if lost or stolen, an Accessory.
    3. If you have breached this Agreement, a per day loss of revenue fee based on the actual and estimated downtime of the Vehicle.
    1. If clause 11.1, 11.2 or 11.3 applies, you must pay us the Excess Amount at the time of loss of, or damage to, the Vehicle pending our assessment of the loss or damage and, if applicable, the repair of the Vehicle, subject to your right to a refund under clause 11.5(b). For the purposes of calculating a refund we will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
    2. If clause 11.3 applies, and if the total of the Recovery Costs and the costs and fees that you must pay under that clause is greater than the Excess Amount, you must pay us the difference.
    1. Where you are required to pay us under this clause, the amount you must pay for any loss, damage, repair, cost or fee:
      1. May be reasonably determined by us.
      2. in relation to damage to the Vehicle is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
    2. If the amount determined by us and paid by you under this clause exceeds the final cost of the loss, damage or repair, we will refund you the difference.
    3. We will provide you with details of the final cost of the loss, damage or repair on request by you.