Damage Cover Clause Samples
Damage Cover. 5.1. Subject to this Clause 5, if the Vehicle is involved in an Incident (not being an Excluded Incident) you may request to purchase damage cover in respect of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage cover, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that you at any time have or might have against any other person (except for any personal injury) because of the Incident are assigned to us (“the Assigned Rights”). Subject to the terms of this Agreement, provided you are entitled to purchase damage cover at the time the Liability Fee is paid by or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 (inclusive of legal costs and interest) in respect of: (a) any loss or damage to the Vehicle; and (b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident.
5.2. You are not entitled to purchase (and we may decline to sell) damage cover if You: (i) do not do so within 12 hours of the Incident; (ii) are in breach of this Agreement at any time before or after the Incident; (iii) are insured for the Incident; (iv) have admitted fault or liability for the Incident; (v) have done or omitted to do anything that in our opinion detrimentally affects any of the Assigned Rights or our ability to defend any legal proceedings; (vi) cannot or do not identify the other vehicle or driver involved; or (vii) the Incident is an Excluded Incident.
5.3. We offer Liability Reduction Option to reduce the Liability Fee payable, or widen the extent of damage cover provided, in the event that you purchase damage cover for an Incident pursuant to clause
5.1. SVR Cover is available as a Liability Reduction Option for 2WD and 4WD vehicles to provide extended damage cover for an SVR. A Liability Reduction Option applies if and only if: (i) the driver at the time of the Incident was not an Unauthorised Person; (ii) you have: (a) selected the relevant Liability Reduction Option at the time of hire, (b) paid the applicable Liability Reduction Fee in accordance with clause 2.2, and (c) complied...
Damage Cover a. Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions, if You or an Authorised Driver has an Accident or if the Vehicle is stolen We will indemnify You and the Authorised Driver for the theft, any Damage or Third Party Loss but the Damage Excess shown on the Rental Agreement must be paid for each Accident or theft unless We agree that:
i. neither You nor the Authorised Drive were not at fault; and
ii. the other party’s insurance company accepts liability.
b. An additional Damage Excess applies for all drivers aged less than 25 years.
c. The Damage Excess payable under clause 6.1 will be deducted from Your Security Bond:
i. for single vehicle Accidents, after a repairer's estimate or tax invoice verifying the amount charged for Damage has been sent to You;
ii. if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and
iii. for Accidents in which there is also Third Party Loss, after:
1. a reasonable estimate of the Third Party Loss has been made;
2. a repairer's estimate or tax invoice verifying the amount charged for Damage has been obtained; and
3. all documents verifying the Third Party Loss and Damage have been sent to You, unless You have expressly authorised the charge to Your credit card at an earlier time.
d. There is no Damage Cover, and You and the Authorised Driver are liable for:
i. Damage or Third Party Loss arising from:
1. a Major Breach of the Rental Contract; or
Damage Cover. If you act within the terms and conditions of this Agreement the Company will grant Damage Cover (including legal costs incurred with the Company’s consent) for the Hirer’s benefit in respect of damage to the Vehicle or third party damage other than for any property owned by You (or any of Your friends, relatives, associates, related bodies corporate or passengers) or in Your physical or legal control. This Damage Cover is subject to:
(a) Your payment, to the Company, of the amount up to the Damage Loss Liability Charge (per claim) stated on Page 1, within 48 hours. NOTE: Drivers aged 21 to 24 years inclusive incur a higher Damage Loss Liability Charge as stated on Page 1.
(b) You not having acted or not having caused any other person to have acted in any manner which is in contravention of this Agreement including the Special Conditions on Page 1.
(c) You not being covered by any policy of insurance for the same loss or damage.
(d) You providing such information and assistance as may be requested and, if necessary, authorizing the Company’s insurer to bring, defend or settle legal proceedings, but the Company will have sole conduct of the proceedings.
(e) Collision or damage report form supplied by the Company and a Police Report (as applicable) have been completed in full, and returned within 48 hours.
Damage Cover. Adventure Rentals has a Comprehensive Insurance Policy for drivers over the age of 25 years, provided You and/or the Authorised Driver act within the terms and conditions of this Agreement, the Company will, subject to clause 4(d) herein, grant damage cover (which includes your legal costs incurred with our written consent) to You and/or the Authorised Driver in respect of damage to the Vehicle and/or damage to any third party property other than damage as a result of a single vehicle accident (see clause 4 above) or to any property owned by You (including any friend/ relative, associate or passenger) in your physical or legal control. This cover is also subject to:
a. You are paying the COLLISION DAMAGE / LOSS LIABILITY CHARGE on the Rental Agreement.
b. You and/or the Authorised Driver not having breached any terms and conditions of this Agreement.
c. You and/or the Authorised Driver not being covered under any policy of insurance; and
d. You and/or the Authorised Driver provide a report and all required documents in the event of an accident within required time frame as per this Terms and Conditions.
e. You are providing such information and assistance as may be requested by the Company or anyone acting on behalf of the Company. If cover is provided then the Company, or its insurer, may bring, defend or settle any legal proceedings in its/their sole discretion and the Company shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
f. Even if you accept the Loss and
Damage Cover. Provided You and/or the Authorised Driver act within the terms and conditions of this Agreement, You and/or the Authorised Driver will receive the benefit of the Company's insurance cover with its insurer in respect of damage to the Vehicle and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control (cover also includes your legal costs incurred with the insurer's written consent). This cover is also subject to:
(a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on page 1;
(b) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement;
(c) You and/or the Authorised Driver not being covered under any other policy of insurance: and
(d) You providing such information and assistance as may be requested by the Company's insurer or anyone acting on behalf of the Company's Insurer. If cover is provided then the Company's insurer may bring, defend or settle any legal proceedings in its sole discretion and the Company's insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
Damage Cover. The Company will grant a damage cover for your benefit in respect of damages to the vehicle and an amount which you are legally held liable to pay as a result of an accident caused by Your use of the Vehicle. The damage cover is limited to a maximum amount of $50,000.00 (including legal and other related costs incurred with the Company’s consent). This damage cover is subject to conditions and exclusions below.
Damage Cover. 7.1 All vans come with Third Party Insurance for one driver. Each additional driver must also be covered/named on the Rental agreement. If You select ‘Liability Reduction B’ there is no extra charge for additional drivers. If You select ‘Standard Liability’ you will be required to pay an additional daily fee to list additional drivers on the Rental Agreement. You are responsible for any damage that occurs to the vehicle during the period of your hire including tyre and Windscreen/window damage. The only exception to this is if the damage is a Third Party’s fault and you have provided their full details to Wicked Campers and it is proven, by our insurers that the Third Party is to blame. In incidents that involve a Third Party where liability is disputed it may be necessary for Wicked Campers to take and hold the excess amount temporarily until a firm resolution is decided by the insurers. If the Third party involved is proven to be fully liable by Wicked Campers Insurers the excess payment will be returned to you.
7.1.1 Wicked Campers will replace tyres that are due, through wear and tear, to be changed. All other tyre wear/damage is the customers responsibility. Standard Liability Liability Reduction B $500* $2,700 $2,700 Liability Bond Cost
7.2 The Standard Damage Excess is $2700 for drivers aged 21 and over and
Damage Cover. If you act within the terms and conditions of this agreement the company will grant damage cover for your benefit in respect of damages to the vehicle (with CDW) or third party damage other than any property owned by you (or any friend, relative, associate or passenger). This cover is subject to:
a) Your payment (per incident) of the damage/loss liability charge as stated in the contract
b) Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions as stated in the contract
c) Your not being covered under any other policy of insurance
d) Your providing such information and assistance as may be requested and, if nessesary, autorising the company insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings
Damage Cover. 5.1 Provided You and the Authorised Driver act within the terms and conditions of this Rental Agreement, the Owner will grant damage cover to You and/or the Authorised Driver in respect of damage to the rented Vehicle and/or damage to any third party property owned by You in Your physical or legal control. This cover is subject to:
(a) Your payment of the Loss of Damage Liability charge stated in the Rental Agreement within 24 hours;
(b) You and/or any Authorised Driver not having acted or having caused any other person to have acted in any manner which is in contravention of this Rental Agreement;
(c) You and/or any Authorised Driver providing such information and assistance as may be requested by the Owner or anyone acting on behalf of the Owner.
5.2 If cover is provided then the Owner or its insurer may bring, defend or settle any legal proceedings in its/their discretion and the Owner shall have the sole conduct of any legal proceedings. Any proceedings shall be brought or defended in Your name or in the name of the Authorised Driver.
Damage Cover. Provided You and/or the Authorised Operator act within the terms and conditions of this Agreement, You and/or the Authorised Operator will receive the benefit of the Company’s insurance cover with its insurer in respect of damage to the PWC and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control (cover also includes your legal costs incurred with the insurer’s written consent). This cover is also subject to:
(a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on hire agreement;
(b) You and/or the Authorised Operator not having breached any terms and conditions of this Agreement;
(c) You and/or the Authorised Operator not being covered under any other policy of insurance; and
(d) You providing such information and assistance as may be requested by the Company’s insurer or anyone acting on behalf of the Company’s Insurer. If cover is provided then the Company’s insurer may bring, defend or settle any legal proceedings in its sole discretion and the Company’s insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Operator.