Magnetic Island Car Hire

Rental Terms and Conditions

Agile Maintenance Pty Ltd ABN 63 624 279 652 trading as Magnetic Island Car Hire

These Terms explain the important conditions that apply when you hire a vehicle from us.

Your Rental Contract consists of:

  • the Rental Agreement you sign or accept for the vehicle; and

  • these Terms and Conditions.

The Rental Agreement will show the vehicle, rental period, price, bond, damage excess and any additional conditions applying to your hire. Pasted text

Nothing in these Terms excludes or limits any right or consumer guarantee that cannot legally be excluded under the Australian Consumer Law.

1. Who can drive

Only you and any Authorised Driver shown on the Rental Agreement may drive the vehicle.

Each driver must:

  • be at least 21 and no more than 80 years old, unless we have agreed otherwise in writing before the rental starts

  • have held an appropriate driver's licence for at least 12 months

  • hold a valid licence for the class of vehicle being hired

  • hold an International Driving Permit where required if their licence is not in English

  • not be a learner, provisional or probationary driver

  • not have had their licence cancelled within the previous two years.

Allowing an unauthorised driver to use the vehicle may result in the loss of Damage Cover. Pasted text

2. Where you can drive

The vehicle must only be driven on sealed roads.

You must not drive:

  • off-road or on unsealed roads

  • on beaches, through streams, rivers, creeks or floodwater

  • on flooded or closed roads

  • on a road where authorities have issued a warning

  • anywhere that would be unsafe

  • on West Point Road or Radical Bay Road

  • onto the mainland unless we have given prior written approval and this is recorded on the Rental Agreement.

These restrictions are particularly important because some roads on Magnetic Island are unsuitable for standard rental vehicles. Pasted text

3. How the vehicle must be used

You and any Authorised Driver must not:

  • drive while affected by alcohol or drugs

  • drive recklessly, dangerously or while the vehicle is unsafe

  • use the vehicle for an unlawful purpose

  • tow another vehicle or trailer

  • carry dangerous or hazardous goods other than normal domestic quantities

  • carry more passengers than the vehicle is licensed for

  • use the vehicle for rideshare, passenger transport for payment, testing or demonstrations

  • modify, sell, rent or otherwise dispose of the vehicle

  • smoke in the vehicle

  • transport animals, other than recognised assistance animals.

Additional cleaning or deodorising costs may apply where these conditions are breached. Pasted text

4. Before you leave

Before collecting the vehicle, you must pay:

  • the rental charges due at that time; and

  • the applicable bond shown on the Rental Agreement.

Please inspect the vehicle before leaving and make sure any existing damage is recorded on the Rental Agreement.

5. Bond

The bond is refundable provided that:

  • all amounts owing under the Rental Contract have been paid

  • the vehicle is returned on time and to the agreed location

  • there is no new damage or third-party loss

  • the vehicle is returned reasonably clean

  • the fuel tank is full

  • there has been no Major Breach of the Rental Contract.

We may deduct amounts properly payable under the Rental Contract from the bond. Details of any deduction will be provided to you. Pasted text

6. Looking after the vehicle

During the rental, you must take reasonable care of the vehicle.

This includes:

  • locking it when unattended

  • keeping the keys or remote secure

  • using the correct fuel

  • not overloading it

  • maintaining reasonable tyre pressures and fluid levels

  • telling us promptly if a warning light, fault or damage occurs

  • not arranging repairs, towing or recovery without our approval, except where necessary in an emergency.

If we approve a repair, towing or recovery expense, keep the original tax invoice or receipt so we can assess reimbursement. Pasted text

7. Returning the vehicle

You must return the vehicle:

  • to the agreed Rental Location

  • by the date and time shown on the Rental Agreement

  • in substantially the same condition as when collected, allowing for fair wear and tear

  • with a full tank of the correct fuel.

You are responsible for tolls, parking charges, traffic infringements and other penalties arising from your use of the vehicle.

If the vehicle is returned without a full tank, the reasonable cost of fuel and any disclosed refuelling service charge may apply.

8. Late returns

If you expect to return the vehicle late, contact us as soon as possible.

Where a vehicle is returned more than one hour late without prior agreement, a late return charge of $25 per hour, up to one day's rental, may apply. Further daily rental charges may apply if the delay extends beyond that period.

After-hours returns are permitted only where agreed with us in advance. Pasted text

9. Damage Cover

Damage Cover is included in your Rental Charges, subject to these Terms.

If there is an accident or the vehicle is stolen, your liability may be limited to the Damage Excess shown on your Rental Agreement.

The Damage Excess generally applies to each separate accident or theft event.

Damage Cover does not apply where the loss results from a Major Breach or another exclusion set out below. Pasted text

10. Damage not covered

Unless expressly stated otherwise in the Rental Agreement, Damage Cover does not cover:

  • damage arising from a Major Breach

  • use by an unauthorised driver

  • overhead damage

  • underbody damage

  • damage caused by water immersion

  • lost or damaged keys, remote controls or accessories

  • personal belongings left in or stolen from the vehicle.

Where applicable, you may be responsible for the reasonable repair or replacement cost. Pasted text

11. Accidents and theft

If the vehicle is involved in an accident or is stolen, contact us as soon as possible and within 24 hours.

You must:

  • complete our Accident/Theft Report

  • obtain the other driver's name, contact details and vehicle registration

  • take reasonable photographs of the vehicles, damage and accident location

  • obtain witness details where possible

  • not admit liability or agree to pay another party's claim

  • provide us with any correspondence or legal documents you receive.

You must also report the matter to Police where:

  • someone is injured

  • the vehicle is stolen

  • another driver leaves without providing details

  • another driver appears affected by alcohol or drugs

  • the law otherwise requires a Police report.

The original terms already contain these requirements. Pasted text

12. Breakdowns

We will provide a vehicle that is of acceptable quality and in good working condition.

If the vehicle breaks down, contact us immediately on 07 4778 5955.

We will arrange assistance and, where reasonably possible, repair or replace the vehicle.

Additional charges may apply where assistance is required because of:

  • incorrect fuel

  • a flat battery caused by lights or accessories being left on

  • lost or locked-in keys

  • tyre issues not caused by a vehicle defect.

Any charge will reflect the service reasonably required. Pasted text

13. Payment and card authority

Payment may be made using a payment method accepted by us.

You authorise us to charge the payment method provided for amounts properly payable under the Rental Contract, including:

  • Rental Charges

  • the Damage Excess

  • damage not covered by Damage Cover

  • fuel or refuelling charges

  • tolls or infringements where lawfully recoverable

  • late return charges

  • cleaning or deodorising charges

  • lost keys or access devices

  • other amounts properly payable under these Terms.

Where reasonably practicable, we will provide you with details of any post-rental charge and the reason for it.

From 1 October 2026, we will not impose a separate surcharge because you choose to pay using Visa, Mastercard, eftpos, American Express or another payment method where surcharging is prohibited by applicable payment network rules. Reserve Bank of Australia

Your bank or card provider may separately charge you fees, such as foreign transaction or currency conversion fees. Those fees are outside our control.

14. Cancellations and refunds

I would simplify the current cancellation policy to this:

Within 7 days of making the booking

If you cancel within 7 days of the booking date, you will receive a full refund, unless your rental is due to start within a period where another disclosed cancellation condition applies.

At least 14 days before collection

A cancellation fee equal to 25% of the Rental Charges applies. Any amount paid above that fee will be refunded.

Less than 14 days before collection

The Rental Charges are non-refundable, except where a refund is required by law.

No show

If you do not collect the vehicle and do not notify us before the rental is due to begin, the Rental Charges may be retained, except where a refund is required by law.

Refunds will normally be returned to the payment method originally used.

Refund processing may take up to 10 business days after the refund has been approved.

I would remove completely:

“less any credit or debit card processing fees”

and:

“card fees are not refundable”

from the existing cancellation section. Pasted text

That language is inconsistent with the payment approach you are moving to from 1 October.

15. Major Breaches

A Major Breach includes serious conduct such as:

  • allowing an unauthorised or ineligible person to drive

  • driving under the influence of alcohol or drugs

  • dangerous or reckless driving

  • using the vehicle off-road or in a prohibited area

  • deliberately or recklessly damaging the vehicle

  • failing to take reasonable care of the vehicle

  • continuing to drive after becoming aware that the vehicle is unsafe.

Where a Major Breach causes damage, theft or third-party loss, Damage Cover may not apply and you may be responsible for the resulting reasonable loss.

We may terminate the rental and recover the vehicle by lawful means where a serious breach occurs. Pasted text

16. Your personal belongings

You are responsible for personal belongings left in or around the vehicle.

We are not responsible for loss or damage to personal belongings except where liability cannot lawfully be excluded.

17. Privacy

We handle your personal information in accordance with our Privacy Policy and applicable Australian privacy law.

Information may be used where reasonably necessary to:

  • process and administer your rental

  • verify identity and driver eligibility

  • process payments

  • assist following accidents or infringements

  • prevent fraud

  • recover properly payable debts

  • comply with legal obligations.

I would remove the current privacy clause referring to an unrelated Alloggio Management guest breach provision, because it does not fit cleanly with a Magnetic Island Car Hire rental contract. Pasted text

18. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or another law that cannot legally be excluded.

The ACCC confirms that most Australian Consumer Law guarantees apply when a consumer hires a vehicle. ACCC

19. Governing law

The Rental Contract is governed by the laws of Queensland, Australia.

Queensland courts have non-exclusive jurisdiction, subject to any rights you have under applicable Australian law. Pasted text

20. Contact

Magnetic Island Car Hire
Operated by Agile Maintenance Pty Ltd
ABN 63 624 279 652

For assistance during your rental: 07 4778 5955