Rental Agreement

Version 2.0

This Rental Agreement is between The Allana Group Pty Ltd (ABN 66 685 656 697), trading as Subhan Rental Services ("we", "us", "our"), and the person named as the renter on the booking ("you", "the renter").

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this agreement excludes, restricts or modifies any such guarantee, right or remedy.

1. Formation of the rental

A rental is formed when we confirm your booking directly, by telephone or WhatsApp. Submitting a request through the website does not itself create a rental or reserve a vehicle.

2. Term and rent

The minimum rental term is one (1) month, unless we agree otherwise in writing. Rent is charged weekly in advance for the duration of the rental, and is not payable as a single upfront sum for the whole term. The weekly rate, the security bond and the minimum term applying to your vehicle are those shown on your booking confirmation.

The Allana Group Pty Ltd is not currently registered for GST. No GST is charged on rent, and invoices we issue are not tax invoices for GST purposes.

3. Who may drive the vehicle

Only the renter, and any additional driver we have approved in writing, may drive the vehicle. Every driver must:

  • hold a current driver licence of the appropriate class, produced in person at pickup;
  • if driving on an overseas licence, comply with the requirements that apply in Victoria - a licence not in English must be accompanied by an accredited English translation or an International Driving Permit, and a person who becomes a permanent resident of Victoria must obtain a Victorian licence within the period allowed by VicRoads;
  • comply with every condition on that licence, including probationary conditions.

We accept probationary (P plate) drivers, subject to the vehicle being one a probationary driver may lawfully drive in Victoria. It is your responsibility to ensure that each driver complies with the conditions of their own licence.

4. Security bond

The security bond is held as security for amounts you may properly owe under this agreement. It is not a fee and is not our money.

We may deduct from the bond only amounts that we have actually and reasonably incurred, or that you actually owe, in respect of:

  • rent that is unpaid at the end of the rental;
  • damage to the vehicle beyond fair wear and tear, limited to the reasonable cost of repair;
  • cleaning genuinely required beyond ordinary use;
  • fuel not replaced to the level at pickup;
  • tolls, parking fees and infringements incurred during the rental period.

We will give you a written, itemised statement of any deduction, with supporting evidence such as a repair invoice or infringement notice. We will refund the balance of the bond within thirty (30) days of the vehicle being returned and any such amount being determined. That period reflects the time a toll notice or an infringement can take to reach us after a rental ends; where no such amount is outstanding, we refund the bond sooner. If you dispute a deduction, we will not treat the matter as closed while the dispute is on foot, and either party may refer it to Consumer Affairs Victoria or to the Victorian Civil and Administrative Tribunal.

5. Using the vehicle

You agree to:

  • keep the vehicle in the condition in which it was supplied, fair wear and tear excepted;
  • carry out routine checks appropriate to ordinary use, including tyre pressures, engine oil and coolant;
  • use the correct fuel type for the vehicle;
  • report any accident, damage, theft or mechanical fault to us as soon as it is safe to do so, and report any accident to police where the law requires it;
  • pay all tolls, parking fees and traffic infringements incurred during the rental period.

You must not:

  • drive, or permit the vehicle to be driven, while under the influence of alcohol or a drug;
  • permit a person who is not an approved driver to drive the vehicle;
  • carry passengers or loads beyond the rated capacity of the vehicle;
  • use the vehicle for racing, testing, driving instruction, or driving on an unsealed or off road surface;
  • use the vehicle to carry passengers or goods for reward, except as permitted by clause 6;
  • sublet, sell, or grant any security over the vehicle.

6. Rideshare and delivery work

Use of the vehicle for rideshare or food delivery work is permitted only where we have approved that use for your specific vehicle. Where approved, you remain responsible for holding every accreditation, registration and insurance that the applicable law and the relevant platform require, including any requirement under the Commercial Passenger Vehicle Industry Act 2017 (Vic).

7. Infringements and owner onus

You are responsible for every toll, parking fee and traffic infringement incurred during the rental period. Where we receive an infringement notice as the registered operator, we are entitled and, under section 84BE of the Road Safety Act 1986 (Vic), may be required to nominate the person who had possession of the vehicle at the relevant time. We will tell you when we do so. We may charge a reasonable administrative fee for processing a nomination, disclosed to you in advance.

8. Maintenance and breakdown

We are responsible for scheduled servicing and for repairs arising from ordinary wear and tear or from a pre-existing fault. You must not arrange a repair without our prior agreement, except where it is necessary to make the vehicle safe or lawful in an emergency. If the vehicle becomes unavailable to you through a fault that is not your responsibility, we will supply a comparable replacement vehicle where one is available, or adjust the rent for the period you were without the vehicle.

9. Insurance and damage

The vehicle is insured. The cover, the excess payable, and the exclusions applying to it are set out in the insurance documents provided with your booking. You are responsible for damage occurring during the rental period to the extent it is not met by that insurance, up to the applicable excess, except where the damage was caused by us or by a pre-existing fault.

Cover may be refused by the insurer where the vehicle was being used in breach of clause 5. In that case you may be responsible for the full cost of the damage.

10. Returning the vehicle

You must return the vehicle to the agreed place at the agreed time, with the same fuel level and in the same condition as at pickup, fair wear and tear excepted. We will inspect the vehicle with you where practicable.

11. Ending the rental

After the minimum term, either party may end the rental by giving the other seven (7) days notice.

We may end the rental immediately, and recover the vehicle, only where:

  • rent remains unpaid seven (7) days after we have given you written notice of the arrears;
  • the vehicle is being used in serious breach of clause 5 or clause 6;
  • the vehicle is being used in a way that presents a genuine risk to the safety of any person or to the vehicle; or
  • you obtained the rental by a material misrepresentation.

Where we end the rental, we will refund rent you have paid in advance for any period after the vehicle is returned.

12. Privacy

We handle your personal information in accordance with our Privacy Policy, which forms part of this agreement.

13. General

If any provision of this agreement is unenforceable, it is severed and the remainder continues in force. This agreement is governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State.

14. Complaints

Please raise any concern with us first on 0432 639 096 or at subhanrentalservices@gmail.com. If it is not resolved, you may contact Consumer Affairs Victoria on 1300 558 181.