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Plain-English summary (read first)
Car Share Aus provides long-term vehicle hire. Your payments are rental payments during the hire term and may build an unvested economic interest. Legal ownership (vesting) occurs only when you complete the full hire term or pay the agreement out in full and the Company confirms vesting in writing. Until vesting, you do not legally own the Vehicle. Please read the full Terms & Conditions — they are legally binding.
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These Terms and Conditions (“Agreement”) govern the hire of the Vehicle by the Hirer from Car Share Aus Pty Ltd (“Company”). By signing the Rental Agreement (“RA”), the Hirer agrees to be bound by this Agreement. 

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CAR SHARE AUS PTY LTD — TERMS & CONDITIONS

(Update January 2026)

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1. Definitions and Interpretation

1.1 Company means Car Share Aus Pty Ltd (ACN/ABN as applicable) and includes its officers, employees, agents, contractors and service providers.
1.2 Hirer means the person or entity named as hirer in the RA.
1.3 Vehicle means the vehicle described in the RA, including keys, tools, accessories, documents, fitted equipment, telematics and dashcam devices.
1.4 RA means the Rental Agreement (signature page / schedule) signed by the Hirer and incorporated into this Agreement.
1.5 Fees includes all charges payable under this Agreement including admin fees, late fees, recovery costs, toll fees, infringement admin fees, repossession fees, storage, towing, interest and any other amounts payable.
1.6 Term means the hire period stated in the RA.
1.7 ALC means Accident Liability Contribution, a contractual risk contribution included in the Hirer’s payments. ALC is not insurance and does not give the Hirer rights under the Company’s insurance.
1.8 Authorised Driver means a driver approved under Clause 10.
1.9 Serious Default has the meaning in Clause 16.
1.10 Major Breach has the meaning in Clause 17.
1.11 Unvested Interest means the Hirer’s unvested economic interest described in Clause 4 (does not constitute ownership or equity).
1.12 Vesting means legal ownership transferring to the Hirer under Clause 25.
1.13 ACL means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).
1.14 Interpretation: Headings are for convenience only. “Including” means “including without limitation”.

2. Parties, Entire Agreement and Priority

2.1 This Agreement, together with the RA and any written variations, constitutes the entire agreement between the parties and supersedes prior discussions.
2.2 If there is any inconsistency, the RA prevails only to the extent of vehicle-specific particulars (vehicle description, pricing, term). All other matters are governed by this Agreement.
2.3 Any variation must be in writing and approved by the Company.

3. Nature of Arrangement: Hire Only (Not Credit / Finance)

3.1 This Agreement is a long-term vehicle hire arrangement. It is not a loan, consumer credit contract, finance lease, chattel mortgage, or regulated credit facility.
3.2 The Vehicle remains the property of the Company unless and until Vesting occurs under Clause 25.
3.3 All payments are rental payments unless and until Vesting occurs.

4. Unvested-to-Vested Ownership Model (Commercially Honest Disclosure)

4.1 The parties agree that during the Term the Hirer builds an Unvested Interest only.
4.2 The Unvested Interest is not ownership, equity, title, a security interest, or beneficial interest in the Vehicle.
4.3 Vesting occurs only when the Hirer completes the Term or pays an agreed payout amount in full and all amounts owing are paid (Clause 25).
4.4 If this Agreement ends early for any reason (including default, repossession, write-off, termination), Vesting does not occur and the Unvested Interest is forfeited.
4.5 All payments made remain rental payments and are non-refundable, except to the extent required by law (including ACL).

5. Vehicle Selection: Direct-from-Dealership Model

5.1 The Company does not operate a traditional rental fleet. Vehicles are sourced through dealerships, and the Hirer selects their preferred vehicle and dealer.
5.2 The Hirer is responsible for independent due diligence including inspection, test drive, history checks and suitability for purpose.
5.3 The Company may recommend a dealership for convenience only and accepts no liability for the dealership’s conduct or the Vehicle’s condition.
5.4 The Hirer acknowledges that consumer guarantees relating to vehicle quality/defects generally attach primarily to the dealership/manufacturer, subject to ACL.

6. Vehicle Condition and Acceptance

6.1 The Hirer must inspect the Vehicle at handover and notify the Company in writing of any issues within 24 hours of pickup.
6.2 Used vehicles may present wear consistent with age and mileage.
6.3 The Hirer must keep the Vehicle clean and in good condition, fair wear and tear excepted.

7. Establishment / Down Payment (Risk Allocation)

7.1 The Hirer must pay an establishment/down payment stated in the RA, which may vary (for example 10%–40%) based on vehicle type and risk profile.
7.2 The establishment payment is non-refundable, is not a purchase deposit, and does not create ownership/equity prior to Vesting.
7.3 The Company may (at its discretion) agree to a partial refund only in exceptional circumstances and only where consistent with ACL and fairness. Any discretion must be confirmed in writing by the Company.

8. Payments, Late Fees and Interest

8.1 Payments must be made in accordance with the payment frequency stated in the RA.
8.2 If a scheduled payment fails or is unpaid, the Company may charge a late fee of $25 + GST.
8.3 If the payment remains unpaid seven (7) days after the due date, the Company may charge $3.60 + GST per day until paid.
8.4 Overdue amounts may accrue simple interest at 10% per annum from the due date until paid. (This may apply in addition to late fees, to compensate for time-value and recovery cost.)
8.5 The Company may apply payments received to any outstanding amounts in any order it reasonably determines.

9. Insurance Position and ALC 

9.1 The Vehicle is insured under a policy held by the Company for its own benefit. The Hirer has no direct rights under the Company’s insurance and cannot compel the Company/insurer to act.
9.2 The Hirer’s payments include an ALC (Accident Liability Contribution). ALC is a contractual risk contribution and not insurance.
9.3 ALC may limit the Hirer’s exposure to damage costs to the applicable excess and agreed amounts only if there is no Major Breach or Serious Default and the Hirer complies with reporting obligations.
9.4 The Hirer must provide truthful, complete information. If a claim is denied/reduced due to Hirer misrepresentation, non-disclosure, breach, Major Breach or Serious Default, the Hirer must reimburse the Company for any shortfall and costs (Clause 23).

10. Authorised Drivers and Licence Requirements

10.1 Only Authorised Drivers may drive the Vehicle.
10.2 Minimum driver age is 21 years (unless the Company agrees otherwise in writing).
10.3 Each Authorised Driver must hold a current, unrestricted licence for the correct class and must not be suspended/cancelled within the prior three (3) years.
10.4 Learner, provisional and probationary drivers must not drive the Vehicle at any time.
10.5 Overseas licences must be in English or accompanied by a valid English translation/International Driving Permit (as required).
10.6 Driving by a non-Authorised Driver is a Major Breach.

11. Prohibited Driving and Conduct 

11.1 The Hirer and Authorised Drivers must not:
(a) drive under the influence of drugs/alcohol;
(b) refuse or fail a roadside breath or drug test;
(c) use the Vehicle for illegal purposes, dangerous goods, racing, rallies or speed tests;
(d) use a mobile phone unlawfully while driving;
(e) deliberately damage the Vehicle or drive recklessly;
(f) overload beyond specifications or carry prohibited loads;
(g) tow beyond manufacturer rated capacity or tow where prohibited by the RA;
(h) disable safety systems.

11.2 Any breach of Clause 11.1 may constitute Serious Default and/or Major Breach depending on severity and consequence.

12. Prohibited Roads, Areas and Geographic Use

12.1 The Vehicle may be used on sealed public roads within Australia subject to restrictions below.
12.2 The Vehicle must not be driven on:
(a) unsealed roads/tracks; (b) beaches, creeks, rivers, saltwater; (c) flooded areas; (d) closed roads; (e) snow/ice regions without written approval; (f) unsafe or police-restricted roads; (g) offshore islands without written approval; (h) remote mining/off-grid areas without written approval.
12.3 Driving in prohibited areas is a Major Breach.

13. Rideshare Use

13.1 Rideshare use is permitted only with the Company’s prior written authorisation and compliance with accredited platform requirements.
13.2 Rideshare Excess is $7,500 per incident and replaces the standard excess while rideshare is authorised.
13.3 Unauthorised rideshare use is a Major Breach.

14. Registration and CTP

14.1 Agreements signed before 1 January 2026: the Hirer must pay registration and CTP renewals and keep them current for the Term.
14.2 Agreements signed on/after 1 January 2026: registration and CTP costs are included in pricing, but the Hirer must keep garaging/address information current and cooperate with renewal processes.
14.3 If the Company pays any registration/CTP due to Hirer non-payment (pre-2026 contracts), the Hirer must reimburse the amount plus $25 + GST admin fee.
14.4 Lapsed registration/CTP is Serious Default.
14.5 The Company may immobilise the Vehicle where registration/CTP is not current, acting reasonably and proportionately.

15. Maintenance, Warranty and Mechanical Issues

15.1 The Hirer must service and maintain the Vehicle per manufacturer schedule and retain evidence.
15.2 Failure to service, misuse, or ignoring warnings may void warranty and the Hirer bears all resulting risks/costs.
15.3 Dealer/manufacturer warranty claims are the Hirer’s responsibility; the Company may assist with paperwork but is not responsible for outcomes.

16. Telematics, Dashcam and Immobilisation

16.1 The Vehicle may be fitted with telematics/GPS/dashcam at any time. If not installed at pickup, the Company may require installation during the Term.
16.2 The Hirer must not tamper with, disable, obstruct or remove any tracking/dashcam/immobiliser device.
16.3 The Company may access location/footage only for legitimate purposes including insurance, police, defaults/arrears, recovery/repossession, fraud, and absconding Hirers.
16.4 Immobilisation may be used for Serious Default circumstances, acting reasonably and (where practicable) after escalation attempts, except where immediate risk exists (theft/safety).

17. Serious Default

17.1 Each of the following is a Serious Default:
(a) three (3) missed/dishonoured payments;
(b) unlicensed/suspended/cancelled/disqualified driving;
(c) drug/alcohol driving or refusing roadside testing;
(d) telematics/dashcam tampering;
(e) refusing to return Vehicle or refusing access;
(f) conversion/theft or suspected theft;
(g) illegal use;
(h) moving Vehicle interstate without consent;
(i) disabling safety systems;
(j) material misrepresentation/fraud;
(k) registration/CTP lapse (where Hirer responsible);
(l) use creating immediate safety/asset risk.

17.2 After Serious Default, the Company may: suspend access, immobilise, terminate, repossess, notify police/insurer, and recover costs, acting reasonably and in line with Clause 20.

18. Major Breach

18.1 Major Breach includes (without limitation):
(a) non-Authorised Driver;
(b) prohibited roads/areas;
(c) failure to report incidents;
(d) incorrect fuel;
(e) flood/water/saltwater damage;
(f) underbody/overhead damage;
(g) deliberate/reckless damage;
(h) overloading;
(i) failure to secure keys/vehicle;
(j) leaving the scene unlawfully;
(k) refusal to cooperate with insurer/police/company;
(l) unauthorised modifications;
(m) unapproved rideshare.

18.2 A Major Breach may result in loss of ALC limitation and full liability for damage and recovery costs.

19. Accident, Theft and Incident Reporting

19.1 The Hirer must notify the Company within 48 hours of any accident, damage, theft, or incident.
19.2 The Hirer must provide: photos of scene/vehicles/objects; licences of all drivers; full contact details; insurer details; a written account; and police event number where at-fault party unknown or vandalism/hit-and-run/theft.
19.3 The Hirer must not admit fault, settle, or negotiate without written consent.
19.4 Failure to comply is a Major Breach.

20. Replacement Vehicle 

20.1 At-fault incidents: no replacement vehicle will be provided or reimbursed.
20.2 Not-at-fault incidents: a replacement vehicle may be authorised only where liability is confirmed by the insurer’s appointed assessor/claims manager.
20.3 If authorised, the Hirer may hire a replacement vehicle at their own cost from a reputable rental provider (e.g., Sixt, Avis, Hertz) and must choose like-for-like, subject to availability.
20.4 Like-for-like means a vehicle of broadly similar category and function (e.g., sedan for sedan, van for van, ute for ute), similar seating capacity and transmission type, and not a premium/luxury/performance upgrade.
20.5 Reimbursement is payable only after: the rental vehicle is returned; the Hirer’s Vehicle is ready for collection; and tax invoices/receipts are supplied.
20.6 Reimbursement does not include fuel, tolls, fines, optional extras, insurance upgrades, or excess reduction products.

21. Repairs, Market Value and Roadside Assistance

21.1 The Vehicle is insured at market value as determined by the insurer at the time of loss.
21.2 The Hirer may nominate a preferred repairer, subject to insurer approval and licensing/insurance requirements.
21.3 Repair timing depends on insurer approval, parts availability and repairer capacity; the Company is not responsible for delays outside its control.
21.4 The Company recommends the Hirer obtain separate roadside assistance at their own cost for breakdowns/emergencies.

22. Tolls, Infringements and Fines

22.1 The Hirer is responsible for all tolls and road-user charges.
22.2 Each toll notice processed by the Company may incur $5 + GST admin fee.
22.3 If the Company pays any unpaid toll, the Hirer must reimburse the toll plus $25 + GST recovery fee per toll.
22.4 All fines/infringements will be transferred/nominated to the Authorised Driver and the Hirer authorises the Company to disclose details to authorities for that purpose.

23. Indemnity, Reimbursement and Recovery

23.1 The Hirer indemnifies the Company for losses arising from: Vehicle use; breach; unlawful acts; negligence; Major Breach; Serious Default.
23.2 The Hirer must reimburse the Company for any amounts not paid by insurer due to the Hirer’s misrepresentation, non-disclosure, or breach.
23.3 The Hirer is liable for reasonable recovery costs including towing, storage, locksmith, repossession, disposal costs, admin fees, and legal/debt recovery fees to the extent permitted by law.

24. Write-Offs and Settlement Waterfall 

24.1 If the Vehicle is deemed a total loss/write-off:
(a) insurance proceeds are applied first to pay any secured finance/loan liability on the Vehicle;
(b) the Company may then recover all outstanding rental, Fees, arrears, admin costs, repossession/recovery costs, disposal costs, and any shortfall;
(c) the Hirer’s payments remain unvested and no refund is required except as required by law;
(d) any remaining balance may, at the Company’s discretion only, be credited toward a future vehicle down payment or otherwise applied. The Company is not obliged to pay any cash refund.

24.2 Write-off admin fee: the Hirer agrees a write-off administration fee of $500 + GST may apply to cover claim administration and reconciliation.

25. Vesting, Completion, Early Payout and Transfer

25.1 Vesting occurs only when the Hirer:
(a) completes the Term; or (b) pays an agreed payout amount in full; and all amounts owing are cleared.
25.2 Ownership transfer will not occur if any amounts remain outstanding.
25.3 Early payout and any discount (if any) is at the Company’s discretion and must be agreed in writing.
25.4 Ownership transfer costs/fees (if any) are payable by the Hirer unless the Company agrees otherwise in writing.

26. Termination, Escalation and Repossession

26.1 The Company may terminate for Serious Default or material breach.
26.2 Unless immediate risk applies, the Company will generally attempt escalation contact (calls/SMS/email) before repossession, acting reasonably.
26.3 Repossession may occur without notice only where Serious Default creates an urgent theft/safety/asset risk.
26.4 The Hirer must pay all repossession costs plus $250 + GST repossession admin fee, in addition to towing/storage/field agent costs.
26.5 The Hirer must pay costs related to disposal/sale where disposal is reasonably necessary to recover the Company’s losses.

27. Special Circumstances: Death, Deportation, Visa Cancellation, Leaving Australia

27.1 If the Hirer dies, is deported, has a visa cancelled, is detained, or leaves Australia (or is reasonably believed to have left Australia) during the Term, the Company may:
(a) immediately suspend vehicle access and/or repossess the Vehicle;
(b) terminate the Agreement; and
(c) recover all amounts owing and costs as permitted by law.

27.2 The Hirer (or their estate/representative) remains liable for amounts owing up to repossession/termination.
27.3 Where a Guarantor is named in the RA, the Company may (at its discretion) allow the Guarantor to assume the Agreement subject to: identity checks, licence requirements, revised risk review, and payment of reasonable admin fees.

28. Inspections and Audit Rights

28.1 The Company may inspect the Vehicle on reasonable notice to verify compliance with maintenance, location, and usage requirements.
28.2 The Hirer must provide reasonable access and cooperate.

29. Privacy, Telematics and Information Sharing (Company Privacy Consent)

29.1 The Hirer consents to the Company collecting, storing and using personal information, driver licence details, payment data, vehicle location/telematics and dashcam footage for legitimate business and compliance purposes.
29.2 The Hirer authorises the Company to disclose relevant information to: insurers/claims managers; police/law enforcement; courts/tribunals (including NCAT); toll operators; government authorities (including Service NSW/RMS); repossession/towing agents; legal advisers; debt recovery providers; telematics and payment providers; and dealers/manufacturers where relevant.
29.3 Data may be retained up to 7 years (or longer if required by law, insurance, or disputes) and may be used as evidence.

30. Consumer Rights and Fairness

30.1 Nothing in this Agreement excludes, restricts or modifies any non-excludable rights under ACL.
30.2 The Company will exercise rights (including immobilisation/recovery/fees) reasonably and proportionately, having regard to safety, compliance and legitimate business interests.

31. Notices

31.1 Notices may be given by email, SMS, post or customer portal to the Hirer’s last known contact details.
31.2 The Hirer must keep contact details current (Clause 15.1 / 7.5 equivalent obligations).

32. Amendments

32.1 The Company may amend these Terms by written notice where reasonably required.
32.2 The Company will provide at least 14 days’ notice, and at least 30 days’ notice for material pricing changes where practicable.

33. Severability

33.1 If a provision is invalid or unenforceable, it is severed and the remainder remains in force.

34. Waiver

34.1 No waiver is effective unless in writing signed by the Company.
34.2 A waiver of one breach is not a waiver of any other breach.

35. Force Majeure

35.1 The Company is not liable for failure/delay caused by events beyond reasonable control.

36. Governing Law and Jurisdiction

36.1 This Agreement is governed by the laws of New South Wales, Australia.
36.2 The parties submit to NCAT where applicable and the courts of NSW.

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SCHEDULE 1 — EXCESS & ACCIDENT LIABILITY CONTRIBUTION (ALC) TABLE

(This Schedule forms part of the Agreement)

1. Standard Excesses

ScenarioExcess Payable

Standard use (non-rideshare) - $5,000 per incident

Authorised rideshare use - $7,500 per incident (replaces standard excess)

2. Driver-Related Excesses (Additional)

The following excesses apply in addition to the applicable standard or rideshare excess:

Driver Status Additional Excess

Unlisted Driver (25 years and over) - $2,000

Unlisted Driver (under 25 years) - $5,000

Listed Driver (under 25 years) - $2,000

3. General Excess Notes

3.1 Excesses are payable per incident unless expressly waived or recovered by the insurer.
3.2 Excess is generally payable even in not-at-fault incidents, unless and until the insurer confirms recovery from the at-fault third party and refunds or waives the excess.
3.3 Where a Major Breach or Serious Default applies, ALC protection may be withdrawn and the Hirer may be liable for full damage and recovery costs, not limited to the excess.
3.4 Excesses must be paid within the timeframe requested by the Company.

SCHEDULE 2 — FEES, ADMINISTRATION & RECOVERY CHARGES

(This Schedule forms part of the Agreement)

1. Payment & Arrears Fees

Late / dishonoured payment fee - $25 + GST

Daily arrears charge (after day 7 overdue) - $3.60 + GST per day

Interest on overdue amounts - 10% p.a. (simple interest)

2. Registration & CTP Fees (Pre-2026 Contracts)

Company payment of unpaid - Registration/CTP Actual cost + $25 + GST admin

3. Tolls & Infringements

Toll notice processing - $5 + GST per notice

Toll paid by Company - Toll amount + $25 + GST recovery fee

Traffic infringements Payable by Hirer / Authorised Driver

4. Repossession & Recovery

Repossession administration fee$250 + GST

Towing, storage, locksmith, field agentActual cost incurred

Disposal / sale costs (if required)Actual cost incurred

5. Write-Off Administration

Write-off administration fee - $500 + GST

6. General Notes

6.1 Fees are payable on demand.
6.2 The Company may deduct or recover unpaid fees from any monies held or pursue recovery as permitted by law.
6.3 Fees represent a genuine pre-estimate of administrative and recovery costs.

SCHEDULE 3 — PROHIBITED USE, ROADS & AREAS

(This Schedule forms part of the Agreement)

1. Prohibited Driving Conduct

The Vehicle must not be used for:

• Driving under the influence of alcohol or drugs

• Refusing or failing roadside breath or drug testing

• Racing, rallies, time trials or speed testing

• Illegal activities or transport of dangerous goods

• Reckless or deliberate misuse

• Mobile phone use contrary to road laws

• Overloading beyond manufacturer specifications

• Towing beyond rated capacity or where towing is prohibited

2. Prohibited Roads & Conditions

The Vehicle must not be driven on or through:

• Unsealed or gravel roads

• Beaches, sand, creeks, rivers or saltwater

• Flooded roads or water-affected areas

• Snow or ice-covered roads without written approval

• Closed roads or roads subject to police warnings

• Unsafe or restricted access roads

3. Prohibited Areas

The Vehicle must not be taken:

• Outside Australia

• Onto offshore islands without written approval

• Into remote mining or off-grid areas without written approval

• Outside approved geographic limits (if any) stated in the RA

4. Consequences

4.1 Breach of this Schedule constitutes a Major Breach.
4.2 Major Breach may result in:

• Loss of ALC protection

• Full liability for damage and recovery costs

• Immediate termination and/or repossession

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