Bubblegum Cars Rental Contract.

Agreement Formation & Acceptance

This rental agreement may be provided, explained, and accepted either electronically or in person.

Acceptance of this agreement may occur by:

• written electronic confirmation (including via SMS, WhatsApp, email, or similar messaging platforms), or

• physical signature during an in-person handover.

Regardless of the method of acceptance, this agreement has the same legal effect and is binding once acceptance has occurred.

Electronic acceptance and physical signature are equally valid and enforceable.

Acceptance is confirmed when the renter either provides written electronic confirmation of agreement or signs the agreement in person.

Vehicle access will not be provided until acceptance has been received by one of these methods.

Rental Terms and Conditions

1 Introduction

1.1 Rental Contract

Your contract to hire a Vehicle from Bubblegum Cars (Rental Contract) consists of:

(a) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us; and (b) these rental Terms and Conditions (Terms and Conditions).

1.2 Jurisdiction

The Rental Contract is governed by the laws of Queensland and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law

The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

1.4 Electronic Signatures and Electronic Acceptance

We may utilise electronic signatures or other forms of electronic acceptance as a method of entering into the Rental Contract.

Acceptance of this Rental Contract may occur by:

(a) affixing an electronic signature;

(b) providing written electronic confirmation of acceptance, including via SMS, WhatsApp, email, or similar messaging platforms; or

(c) physical signature during an in-person vehicle handover.

By accepting this Rental Contract by any of the methods listed above, you consent to the use of electronic communications and acknowledgements and confirm that you have read, understood, and agree to be bound by these Terms and Conditions and your obligations under the Rental Agreement.

Acceptance by electronic means or physical signature has the same legal effect as a handwritten signature.

1.5 Definitions

1.5.1 Definition: Accepted / Acceptance

Accepted / Acceptance means confirmation by the renter (or an additional driver, where applicable) that they agree to be bound by this Rental Contract, whether by:

(a) written electronic confirmation (including via SMS, WhatsApp, email, or similar messaging platforms);

(b) affixing an electronic signature; or

(c) physical signature or electronic signature during an in-person vehicle handover.

1.5.2 Definition: Authorised Driver

Authorised Driver means the renter and any additional driver who has been approved by Bubblegum Cars and who has Accepted this Rental Contract.

1.5.3 Definition: Unauthorised Driver

Unauthorised Driver means any person who operates the Vehicle without being an Authorised Driver.

1.5.4 Definition: Electronic Acceptance

Electronic Acceptance means Acceptance of this Rental Contract by written electronic confirmation, including via SMS, WhatsApp, email, or similar messaging platforms.

2 Who may drive the Vehicle?

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 12 for further details.

2.1 Authorised Drivers

Only you or any additional Authorised Driver are permitted to operate the Vehicle. Permitting any individual who is not an Authorised Driver to drive the Vehicle constitutes a material breach of the Rental Agreement, which will result in the forfeiture of Damage Cover indemnity under Clause 7 of these Terms and Conditions for both you and any Authorised Driver.

2.2 Age limits

A minimum and maximum age limit applies to those renting Our Vehicles. You and any Authorised Driver must be at least 18 years of age and no older than 75 years, unless a prior agreement to vary this requirement has been made before the commencement of the Rental and is specified in the Rental Agreement.

2.3 Licence requirements

a) You and any Authorised Driver must hold a valid driver’s licence that meets the following criteria:

(i) Issued in an Australian state or territory, or issued internationally;

(ii) Appropriate for the class of Vehicle being rented; and

(iii) Not subject to any restrictions or conditions.

(b) Learner drivers, as well as holders of provisional or probationary licences, are not eligible to drive the Vehicle.

2.4 Cancelled licences

The Vehicle must not be driven if your licence, or the licence of any Authorised Driver, has been revoked or cancelled within the two years preceding the date of the Rental Agreement.

2.5 False information

The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 12 for further details.

3 The Vehicle must not be driven by You or any Authorised Driver:

(a) While under the influence of alcohol, drugs, or any other substances, or with a blood alcohol concentration (BAC) or drug levels in blood, urine, or oral fluid exceeding the legal limit;

(b) At a speed greater than 60 kilometres per hour, unless prior written permission has been granted by Us before the commencement of the Rental and is noted in the Rental Agreement;

(c) In a reckless or dangerous manner, including but not limited to performing burnouts or excessive speeding; or

(d) While the Vehicle is damaged or deemed unsafe to drive.

3.1 You and any Authorised Driver must not:

(a) Fail or refuse to undergo any breath, blood, urine, or oral fluid test, or drug impairment assessment when required;

(b) Use the Vehicle:

(i) For any illegal purpose;

(ii) To transport dangerous, hazardous, flammable, or polluting substances in quantities exceeding those typically used for domestic purposes;

(iii) To propel or tow another vehicle or trailer;

(iv) To carry or transport illegal drugs or substances;

(v) In connection with the motor trade for experiments, tests, trials, or demonstration purposes; or

(vi) While in an unsafe or un-roadworthy condition;

(c) Use a mobile phone:

(i) To make or receive phone calls, perform any audio function, or use it as a navigational device, unless the Vehicle is stationary and the phone is securely mounted in a holder attached to the Vehicle, and its use does not require manual operation;

(ii) To send text messages, video messages, emails, or similar communications, unless the Vehicle is parked.

3.2 You and any Authorised Driver must not:

(a) Deliberately or recklessly damage the Vehicle, or permit any other person to do so;

(b) Modify the Vehicle in any manner;

(c) Sell, rent, lease, or dispose of the Vehicle; or

(d) Register, or claim entitlement to register, any interest in the Vehicle under the Personal Property Securities Act 2009.

3.3 You and any Authorised Driver must not use the Vehicle to carry:

(a) Transport passengers for hire, fare, reward, or rideshare purposes;

(b) Carry more passengers than the Vehicle is licensed to accommodate; or

(c) Transport any load that exceeds the Vehicle's design, construction, registration, or licensing limits.

4 Prohibited areas of use

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 12 for further details.

The Vehicle must never be driven in any area that is prohibited by Us. Prohibited areas include, but are not limited to:

(a) Off-road areas; This includes roads that are gravel, dirt, sand, or otherwise not fully sealed with bitumen or concrete.

(b) Any restricted area identified on the map provided by Us at the commencement of the Rental;

(c) West Point Road, Arthur Bay Road and Radical Bay Road;

(d) Roads prone to flooding or that are currently flooded;

(e) Beaches, tidal lands, mud flats, salt pans, streams, rivers, creeks, dams, and floodwaters;

(f) Any road where a police authority or another governing body has issued a warning;

(g) Any road that is closed; and

(h) Any road where it would be unsafe to drive the Vehicle.

5 Your Obligations

A breach of any part of clauses 5.5, 5.6, 5.7, 5.8, or 5.10 is a Major Breach of the Rental Contract. See clause 12 for further details.

5.1 Start Of The Rental

At the commencement of the Rental, and prior to collecting the Vehicle, you must:

(a) Present your driver’s licence, as well as that of any authorised Driver, and allow copies of the licences to be made and retained by Us;

(b) Inspect the Vehicle to ensure that any pre-existing damage is noted and documented in the Rental Agreement; and

(c) Pay the anticipated Rental Charges and a Security Bond of $200.

5.2 Security Bond

The Security Bond will be held by Us as security for the performance of your obligations and liabilities under the Rental Agreement.

The Security Bond is refundable to you provided that:

(a) All amounts due to Us under the Rental Agreement have been paid, including toll road charges, refuelling costs, and any other applicable fees;

(b) The Vehicle is returned to the designated Rental Location on the agreed date and time, as specified in the Rental Agreement;

(c) There is no Damage or Third-Party Loss, other than fair wear and tear;

(d) The exterior and interior of the Vehicle are returned in a reasonably clean condition; and

(e) No Major Breach of the Rental Agreement has occurred, including (without limitation) a breach involving an Unauthorised Driver operating the Vehicle.

Where one or more of the above conditions is not satisfied, We may retain all or part of the Security Bond to cover losses, costs, or liabilities arising from that breach, including but not limited to:

(i) loss or reduction of insurance or Damage Cover;

(ii) excess payable under any insurance policy;

(iii) damage to the Vehicle or Third-Party Loss;

(iv) administrative, recovery, cleaning, relocation, or investigation costs; and

(v) any other reasonable loss suffered by Us as a result of the breach.

Retention of the Security Bond does not limit Our right to recover additional amounts from you where losses exceed the amount of the Security Bond.

Any Security Bond retained will be applied first toward amounts owing, including Excess, before any additional charges are made to the nominated payment method.

5.3 During the Rental

You and any authorised Driver must not:

(a) Use the Vehicle to transport any pets or animals, except for assistance animals;

(b) Smoke in the Vehicle, and must ensure that no passengers do so; or

(c) Allow the Vehicle to become contaminated or affected by excessive sand, dirt, water, wet seats, or spills of food or drink.

In the event of a breach of these conditions, additional cleaning and deodorising charges of up to $200 will apply.

5.4 Seat Belts and Restraints

You are required to comply with all applicable seat belt and child restraint laws:

(a) Seat belts must be properly adjusted and fastened by both the driver and passengers. Police may impose fines on any individual who does not comply with this requirement.

(b) You must ensure that child restraints are correctly installed for all children under the age of seven, in accordance with their weight and age, and that these restraints are properly adjusted and fastened.

5.5 Vehicle to Be Locked and Keys Kept in Your Possession

You and any authorised Driver must ensure that the Vehicle is securely locked when unattended. The keys or remote control device must be kept in your possession, or the possession of an authorised Driver, at all times. Keys must never be left in the ignition when the Vehicle is unattended. Loss or damage of keys will result in a loss of your deposit.

5.6 Reasonable Care

You and any authorised Driver must exercise reasonable care in relation to the Vehicle by:

(a) Preventing any damage to the Vehicle;

(b) Protecting the Vehicle from weather conditions;

(c) Maintaining engine and brake oil levels, coolant levels, and tire pressures;

(d) Using the correct fuel type; and

(e) Ensuring the Vehicle is not overloaded.

5.6.1 Failure to Secure or Protect the Vehicle

You must take all reasonable steps to secure and protect the Vehicle at all times.

This includes (without limitation):

(a) ensuring all windows, doors, roofs, and convertible tops are fully closed and secured when the Vehicle is unattended, parked or when adverse weather conditions are present or reasonably foreseeable;

(b) parking the Vehicle in a safe and suitable location, taking reasonable care to avoid foreseeable risks including falling trees, branches, coconuts, debris, flooding, or similar environmental hazards; and

(c) taking reasonable precautions to prevent water ingress, interior damage, mould, electrical damage, or contamination of the Vehicle.

Weather conditions common to the region, including tropical rain and falling vegetation, are considered foreseeable risks.

Any Damage, loss, or additional costs arising from a failure to secure or protect the Vehicle — including water damage caused by rain entering through open windows or roofs, or damage caused by falling objects where reasonable precautions were not taken — will not be covered by Damage Cover.

Where such failure results in Damage or loss, We may retain all or part of the Security Bond in accordance with clause 5.2 and recover any additional costs incurred, including cleaning, drying, mould remediation, repairs, loss of use, or administrative costs.

5.7 Notification of Vehicle Fault

You must notify Us immediately if:

(a) A warning light or fault message appears;

(b) You notice low engine oil, brake oil, or coolant levels; or

(c) Any other fault arises during the Rental Period.

Failure to notify Us and continued use of the Vehicle will render You responsible for any resulting damage or third-party loss.

5.8 Repair Without Authority Prohibited

You must not allow any unauthorised repair, work, towing, or salvage of the Vehicle without Our prior written consent.

5.9 Repair With Authority

If We have granted prior written authorization for repairs, You must retain and submit the original invoices and receipts for any repairs, towing, or salvage. Reimbursement will only be provided for expenses authorised by Us, subject to no Major Breach of the Rental Contract.

5.10 Staying with the Vehicle After an Accident

You must not leave the Vehicle unattended following an accident until a tow or salvage operator arrives.

6. Rental Period, Cost, and Charges

6.1 Rental Agreement

The Rental Agreement specifies:

(a) The Rental Period for which the Vehicle is hired;

(b) The applicable Rental Charges.

6.3 Fines and Infringements

You and any Authorised Driver are responsible for all tolls, speeding fines, traffic fines, parking fines, or any charges resulting from the use of the Vehicle or its release by regulatory authorities.

6.4 Return of the Vehicle

You must return the Vehicle:

(a) To the Rental Location;

(b) By the date and time specified in the Rental Agreement;

(c) In a reasonable state of cleanliness; and

(d) In the same mechanical condition as it was at the Start of the Rental, fair wear and tear excepted.

(b) If You fail to return the Vehicle, We may terminate the Rental Contract and take lawful possession of the Vehicle, or report it as stolen if its location is unknown after reasonable attempts to contact You.

(c) No refund will be provided if the Vehicle is returned early.

(d) Late returns will incur the following charges:

(i) $25 per hour for up to one hour beyond the agreed return time, or up to one full day's rental;

(ii) For returns outside normal business hours, You are liable for the daily rental charge and any additional damage until the Rental Location reopens, unless prior agreement for after-hours return is made.

(e) The Vehicle must be returned with a full tank of fuel. If not, You authorise Us to charge Your card for the cost of refuelling, plus a $10 refuelling fee.

(f) At the end of the Rental, You must place the Vehicle key back inside the Vehicle’s lockbox, close and secure the lockbox, and return the lockbox to the glovebox before leaving the Vehicle.

6.5 End of the Rental

At the End of the Rental, You are required to pay:

(a) The remaining Rental Charges, including any charges for excess kilometres;

(b) The Damage Excess, if applicable, for any Damage, theft, or Third Party Loss caused by an accident or theft;

(c) Costs for:

(i) Extra cleaning;

(ii) Reinstating the Vehicle to its original mechanical condition (excluding fair wear and tear);

(d) Any costs incurred due to a Major Breach of the Rental Contract;

(e) Charges for Overhead or Underbody Damage, and damage caused by immersion in water.

6.6 Credit Card Authority

If any amount is due or remains unpaid under the Rental Contract, including:

(a) Rental Charges, fines, additional cleaning or refuelling costs, or Damage Excess payments,

You authorise Us to charge Your credit card within a reasonable time following the end of the Rental Period.

6.7 Default in Payment

If You default in any payment, You will be liable for:

(a) Interest on overdue amounts, calculated at 10% per annum, starting 7 days after the due date and ending on the payment date;

(b) Reasonable costs incurred by Us in recovering the overdue amounts, including collection fees, mercantile agent charges, and legal costs;

(c) Authorization for Us to report the default to a credit reporting body and obtain a credit report on You, including any defaults over 60 days.

7. Damage Cover

7.1 Standard Damage Cover

Standard Damage Cover is included in the Rental Charges but applies only for accidents on Sealed Roads. Note: There is no Damage Cover for accidents on West Point Road, Arthur Bay Road or Radical Bay Road.

7.2 Damage Excess Payable

Damage Excess

You are liable for a Damage Excess of $4,500 for each accident, incident, or theft involving the Vehicle, unless We confirm in writing that the Damage Excess does not apply.

Immediate Charge Authority

In the event of an accident, damage, loss, or theft, You authorise Us to immediately charge the full Damage Excess of $4,500 to Your nominated payment method.

Repair Cost Adjustment

If the total cost of repairs and associated losses is less than $4,500, the balance of the Excess will be refunded to You once all costs are finalised.

If the total cost exceeds $4,500, You remain liable for any amount up to the Excess only, unless otherwise permitted by law.

What the Excess Covers

The Damage Excess includes (but is not limited to):

• Vehicle repairs or replacement

• Towing and recovery

• Loss of rental income while the Vehicle is unavailable

• Third-party property damage

• Administrative and assessment costs

Multiple Incidents

A separate Damage Excess applies to each separate incident, even if more than one incident occurs during the same rental period.

7.3 One Standard Damage Excess

The same $4,500 Damage Excess applies to every eligible Authorised Driver. There is no separate younger-driver excess and no excess-reduction product.

7.5 Claims Administration Fee

A claims administration fee will be charged for all accidents, attempted thefts, or theft claims to compensate Us for labour and associated processing costs.

7.6 Drivers Under 25 Years of Age

Drivers aged 18 to 24 years are permitted to rent the Vehicle subject to the terms of this Agreement.

You acknowledge that drivers under 25 are statistically at higher risk of accident and damage, and You agree to exercise increased care and responsibility when operating the Vehicle.

Standard Excess Applies

The same $4,500 Damage Excess applies in full to drivers aged 18 to 24 and to all other eligible Authorised Drivers.

Zero Tolerance for Breaches

Any breach of this Agreement by a driver under 25 — including speeding, off-road driving, driving under the influence, or permitting an unauthorised driver — may result in full liability for all damages, and immediate termination of the rental.

Authorised Drivers Only

Only drivers expressly approved and recorded in the Rental Agreement may drive the Vehicle. Sharing or swapping drivers is strictly prohibited.

8. Damage Cover Exclusions

8.1 No Damage Cover

You and any authorised Driver will not be covered for:

(a) Damage or Third Party Loss resulting from accidents on non-sealed roads, or on West Point Road, Arthur Bay Road or Radical Bay Road; This includes roads that are gravel, dirt, sand, or otherwise not fully sealed with bitumen or concrete.

(b) Any Major Breach of the Rental Contract;

(c) Overhead, Underbody Damage, or damage caused by immersion in water;

(d) Loss of income during Vehicle downtime (Loss of Use);

(e) Barge Fees.

8.2 Additional Exclusions

Damage Cover does not extend to:

(a) The full cost of replacing or repairing accessories (e.g., GPS units, keys, cables);

(b) Personal items left in or stolen from the Vehicle, or damage to property belonging to You, Your associates, or employees.

9. Cancellation

9.1 Cancellation Terms

You may cancel Your booking by providing written notice before the Start of the Rental. Cancellation fees apply as follows:

(a) More than 24 hours’ notice: No charge;

(b) Less than 24 hours’ notice or no-show: No refund.

9.2 Cancellation is only effective upon acknowledgment and confirmation by Us.

10. Accidents or Breakdowns

10.1 Vehicle Condition and Breakdown Assistance

We ensure the Vehicle is of acceptable quality and in good working condition. In the event of a breakdown, contact Us immediately at 0403823184.

10.2 Call-out Fee

A call-out fee of up to $200 will apply for the following:

(a) Flat battery;

(b) Tyre changes;

(c) Lost keys or remote devices;

(d) Locked keys;

(e) Unreturned keys at the end of the rental.

10.3 Limitation of Liability

Subject to Australian Consumer Law, We are not liable for:

(a) Missed flights;

(b) Disruptions to holiday plans;

(c) Losses due to natural disasters, pandemics, or other uncontrollable events;

(d) Loss of enjoyment or consequential losses.

11. Accident and Theft Reporting

Failure to comply with this clause constitutes a Major Breach. Any damage to or loss of the Vehicle must be immediately reported to Us, including providing a detailed report to the police within 24 hours.

11.1 Accidents

You are required to report any accidents to Us, even if no third party is involved. You must submit a completed accident report, along with any necessary evidence (e.g., photographs).

11.2 Accidents, Damage, and Incidents

You must immediately notify Us of any accident, damage, theft, warning light, or mechanical issue involving the Vehicle, regardless of fault or severity.

No Admission of Fault

You must not admit fault, negotiate, or make any agreement with any third party involved in an accident.

Police Reporting

You must report the incident to the police where required by law, including where injury, significant damage, or third-party property damage occurs.

Continued Use Prohibited

You must not continue to drive the Vehicle after an accident or damage unless We expressly authorise You to do so.

Failure to Comply

Failure to comply with this section may result in:

• Immediate termination of the rental

• Loss of any insurance benefit

• Full liability for all resulting damage and losses

11.2 Police Notification in Case of Theft or Accident

If the Vehicle is stolen, or if You or an authorised Driver are involved in an Accident where:

(a) Any person is injured;

(b) The other party fails to stop or leaves the scene without exchanging names and addresses;

(c) The other party appears to be under the influence of drugs or alcohol,

You or the authorised Driver must report the theft or Accident to the Police as soon as possible.

11.3 Actions Required After an Accident

If You or an Authorised Driver are involved in an Accident, You and the Authorised Driver must:

(a) Exchange names, addresses, telephone numbers, and email addresses with the other driver;

(b) Record the registration numbers of all vehicles involved;

(c) Take reasonable photographs of:

(i) The position of the Vehicles before they are moved for towing or salvage;

(ii) The Damage to the Vehicle;

(iii) The damage to any third-party vehicle or property;

(iv) The general area of the Accident, including any relevant road or traffic signs;

(d) Obtain names, addresses, and phone numbers of any witnesses;

(e) Forward any third-party correspondence or court documents to Us within 7 days of receipt;

(f) You agree to fully cooperate with Us, our insurer, and any investigating authority in relation to any accident or claim, including providing statements, documents, and reasonable assistance as requested to our lawyers office and attending any court hearings.

Failure to cooperate may result in You being held fully liable for all associated losses.

11.4 Prohibited Actions After an Accident

You and any authorised Driver must not:

(a) Make any admission of fault to any third party other than Us;

(b) Promise to pay any claim for Third Party Loss;

(c) Release the other party from liability for Damage resulting from the Accident, theft, or attempted theft.

12. Consequences of a Major Breach of the Rental Contract

12.1 No Damage Cover and Liability

If You or any Authorised Driver:

(a) commit a Major Breach of the Rental Contract, including (without limitation) permitting an Unauthorised Driver to operate the Vehicle, whether or not such breach results in Damage, theft of the Vehicle, or Third Party Loss; or

(b) drive the Vehicle in a reckless manner that results in a substantial breach of road safety legislation,

then:

(i) You and any Authorised Driver will have no Damage Cover;

(ii) You will be fully liable for all Damage, theft, and Third Party Loss; and

(iii) You must pay any additional costs, losses, or expenses We incur as a direct or indirect result of the breach, including amounts exceeding the Security Bond.

Lost or Damaged Keys – Major Breach

Major Breach – Keys

Losing, damaging, breaking, or rendering unusable any Vehicle key, remote, fob, or immobiliser device (including but not limited to water damage, crushing, snapping, or electronic failure) constitutes a Major Breach of this Rental Contract.

If You or any authorised Driver commit a Major Breach under this clause:

a) All Damage Cover will be void;

b) You will be fully liable for all costs and losses incurred by Us as a result of the lost or damaged key; and

c) We may immediately recover these costs from Your security deposit and/or charge any remaining balance to the payment method provided by You.

Costs and losses recoverable by Us include, but are not limited to:

i) The full cost of replacing, cutting, coding, or reprogramming the key, remote, fob, or immobiliser device;

ii) Locksmith, dealership, or manufacturer charges;

iii) Transport and travel costs required to obtain a replacement key, including but not limited to ferry fares, fuel, taxis, and transport to and from Townsville;

iv) Labour and administration costs associated with arranging the replacement;

v) Loss of earnings, including any rental income lost while the Vehicle is unavailable due to the missing or damaged key; and

vi) Any other reasonable costs incurred by Us as a direct result of the Major Breach.

For the avoidance of doubt, loss or damage to keys is not fair wear and tear and is not covered by any Damage Cover.

12.2 Security Bond

Where a Major Breach occurs, We may retain all or part of the Security Bond in accordance with Clause 5.2 to cover losses, costs, or liabilities arising from the breach.

12.3 Termination and Repossession

We may terminate the Rental Contract and immediately repossess the Vehicle if a Major Breach occurs. No refunds will be offered.

13. Privacy

13.1 Privacy Commitment

We are committed to protecting Your privacy and will not collect, use, or disclose Your personal information in a manner that violates the law.

13.2 Collection of Personal Information

We collect personal information solely for the purpose of providing rental services. Failure to provide this information may result in Our inability to provide rental services.

13.3 Accuracy and Protection

We take reasonable steps to ensure Your personal information is accurate, up-to-date, and protected from misuse, loss, or unauthorised access, modification, or disclosure.

13.4 GPS Tracking

We may fit a GPS Tracking Device to the Vehicle, which allows Us to track its location when it is out of Our possession. By signing the Rental Agreement, You authorize Us to use the GPS Tracking Device to track the Vehicle until it is returned to Us.

14 Definitions and interpretation

14.1 In these Terms and Conditions:

Accepted / Acceptance

Accepted / Acceptance means confirmation by the renter (or an additional driver, where applicable) that they agree to be bound by this Rental Contract, whether by:

(a) written electronic confirmation (including via SMS, WhatsApp, email, or similar messaging platforms);

(b) affixing an electronic signature; or

(c) physical signature or electronic signature during an in-person vehicle handover.

Accident means an unintended and unforeseen incident, including:

(a) a collision between the Vehicle and another vehicle or object, including animals and roadside infrastructure;

(b)rollovers; and

(c) weather events, including hail Damage, that results in Damage or

Third Party Loss.

Authorised Driver means the renter and any additional driver who has been approved by Bubblegum Cars and who has Accepted this Rental Contract.

Damage means:

(a) any loss or damage to the Vehicle including its parts, components and accessories, including the GPS unit, speakers and cables, that is not fair wear and tear;

(b) towing and salvage costs;

(c) assessing fees; and

(d) Loss of Use, and for the removal of doubt, any Damage to the windscreen,

headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 7, subject to the Damage Cover Exclusions in clause 8.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Vehicle has been stolen and not recovered.

Electronic Acceptance means Acceptance of this Rental Contract by written electronic confirmation, including via SMS, WhatsApp, email, or similar messaging platforms.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.

GPS Tracking Device means a GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed and fuel levels.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach means a breach of any of the following clauses:

(a) 2 (all parts), 3 (all parts); 4 (all parts); 5.5, 5.6, 5.7, 5.8, or 5.10, that causes Damage, theft of the Vehicle or Third

Party Loss; or

(b) 11 (all parts) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim.

Off Road means any area that is neither a sealed or an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Overhead Damage means:

Damage at or above the level of the top of the front windscreen of the Vehicle; or

(b) Third Party Loss, caused by:

(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;

(ii) objects being placed on the roof of the Vehicle; or

(iii) You or any person standing or sitting on the roof of the Vehicle.

(iv) You or any person standing or sitting on the bonnet of the Vehicle.

(v) Objects falling on the vehicle such as coconuts or, but not limited to, parts of trees

Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Location means the location from which the Vehicle is rented, as shown on the Rental Agreement.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Security Bond means the amount shown in the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental and the amount is fully refundable subject to clause 5.2.

Sealed Road means a road that has been formed and constructed and sealed with a hard material such as tar, bitumen or concrete.

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Unauthorised Driver means any person who operates the Vehicle without being an Authorised Driver.

Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components and accessories, including the GPS unit, cables and speakers.

We, Us, Our, means Bubblegum Cars ABN 45449454366

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.

14.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and

(b) where You comprises two or more persons each is bound jointly and severally.