GENERAL TERMS AND CONDITIONS OF RENTAL VIA THE RENTEO PLATFORM
APPLICABLE VERSION AS OF SEPTEMBER 1st, 2025
Recitals
A. Via its Website, Theault South Pacific Pty Ltd operates a platform (“Renteo”), the purpose of which is to facilitate the connection between Members who are individuals or businesses wishing to hire Vehicles ("Vehicle Hirers") on the one hand, and Members who list Vehicles for Rental Services ("Vehicle Owners"), on the other hand.
B. These terms and conditions (“Terms and Conditions”) govern the terms and conditions under which the Vehicle Hirers and the Vehicle Owners may access and use the Renteo Platform (collectively “Users”), either to hire Vehicles or to list Vehicles to offer them for rental (“Rental Services”). All the Users of the Renteo Platform are also required to be registered as “Members” pursuant to the Renteo Membership Terms of Use. Therefore, each transaction on the Renteo Platform is subject to (i) these Terms and Conditions and (ii) the Renteo Membership Terms of Use, both of which being deemed accepted by the Users when using the Renteo Platform for a Rental Service. The Terms and Conditions and the Renteo Membership Terms of Use form the Agreement between the Parties.
C. The Vehicles offered for Rental Services are currently limited to Vehicles as vans. However, the Platform may also include additional types of vehicles or equipment in the future for expansion of business.
D. Occasionally, some Vehicles to be hired may directly belong to Theault South Pacific. In that case, Theault South Pacific is (i) the Vehicle Owner and directly provides Rental Services to a Vehicle Hirer via the Renteo Platform; and (ii) is then a Party to the Rental Services transaction with the Vehicle Hirer.
1. DEFINITIONS AND INTERPREATION
1.1. General
a. The words and expressions commencing by a capital letter are words that are defined either (i) in these General Terms and Conditions or (ii) in the Renteo Membership Terms of Use.
b. In this Agreement, unless the context otherwise requires, defined terms apply throughout and the singular includes the plural and vice versa.
1.2. Defined words
“Agreement” means (i) these General Terms and Conditions and (ii) the Renteo Membership Terms of Use, which are accepted by the Parties.
"Member" means any registered User of the Renteo Platform. A Member may act as either a Vehicle Owner or a Vehicle Hirer.
“Party” or “Parties to the Agreement” mean(s):
(i) Theault South Pacific acting only as an intermediary in the Rental Services transactions;
(ii) the Vehicle Owner;
(iii) the Vehicle Hirer;
the Vehicle Owner and the Vehicle Hirer having both accepted these Terms and Conditions and the Renteo Membership Terms of Use, by using the Renteo Platform for Rental Services, which forms the Agreement.
“Party or Parties to a Rental Services transaction” mean(s) both the Vehicle Owner or a Vehicle Hirer who enter to a Rental Services transaction via the Renteo Platform; Theault South Pacific being not a Party to the Rental Services transaction and acting only as an intermediary via the Renteo Platform, except in the occasional cases where Theault South Pacific is the Vehicle Owner and directly provides Rental Services to a Vehicle Hirer and is then a Party to the Rental Services transaction with the Vehicle Hirer.
“Rental Services” mean the Vehicle rental services that are accessible via the Renteo Platform.
"Renteo Platform" means the online platform operated by Theault South Pacific Pty Ltd on its Website, the purpose of which is to facilitate the transactions between the Parties to Rentals Services transactions.
“Renteo Membership Terms of Use” mean the separate document that provides the terms and conditions of being (i) a Member and (ii) a User of the Renteo Platorm.
“Terms and Conditions” mean these terms and conditions.
“Theault South Pacific" means the company with the ACN 628 120 329, having its registered office at U 1/575 Darling Street, Rozelle NSW 2039, Australia, which is a Party to the Agreement acting only as an intermediary for the Rental Services transactions via the Renteo Platform, unless when, occasionally, Theault South Pacific is a direct Vehicle Owner.
“User” means a Member, either a Vehicle Owner or a Vehicle Hirer, who uses the Rental Services via the Renteo Platform.
"Vehicle Owner" means mainly a Member who lists a Vehicle on the Platform for Rental Services to Hirers, or, occasionally, Theault South Pacific acting as a Vehicle Owner.
"Vehicle Hirer" means a Member who books and hires a Vehicle listed on the Renteo Platform by Vehicle Owners.
"Vehicle" means any motor vehicle or towable equipment listed for hire on the Renteo Platform or other vehicles and equipment that may be made available in the future on the Renteo Platform.
“Website” means the website https://www.renteo.com.au, which is owned and operated by Theault South Pacific.
2. GENERAL PROVISIONS
2.1. The present Terms and Conditions and the Agreement are concluded between (i) Theault South Pacific acting as an intermediary only via the Renteo Platform, and (ii) the persons wishing to access the Rental Services either as Vehicle Owner or Vehicle Hirers, being hereinafter referred to as the "Party or Parties to the Agreement".
2.2. The use of the Renteo Platform implies full, unconditional and unreserved acceptance respectively by the Users of the rules provided (i) in these Terms and Conditions and (ii) in the Membership Terms of Use, to the exclusion of all other documents such as prospectuses, commercial catalogues, and service descriptions issued by Theault South Pacific, which are provided for information purposes only. The provisions of these Terms and Conditions may not be modified by contrary provisions without Theault South Pacific’s express written consent.
2.3. The Users are either consumers or professionals. Are considered as consumers within the scope of these General Terms and Conditions only the individual Users acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, professional, or agricultural activity.
2.4. The Renteo Platform aims to facilitate the connection between Vehicle Owners and Vehicle Hirers for the purpose of Rental Services. Theault South Pacific's role in a Rental Services transaction is strictly limited to putting in touch Vehicle Owners and Vehicle Hirers with one another. Theault South Pacific may under no circumstances be considered as the provider for the Rental Services offered via the Renteo Platform; only the Vehicle Owner and Vehicle Hirer being the contracting Party in the Rental Services transaction, which they conclude on their own behalf. The Renteo Platform's activity being limited to making contact, the Renteo Platform can in no way be considered as a service provider for the Vehicle Hirer and cannot be held responsible for the obligations incumbent on Vehicle Hirers and inherent to the Rental Services transaction.
2.5. Occasionally though, some Vehicles to be hired may directly belong to Theault South Pacific. In that specific case, Theault South Pacific is (i) the Vehicle Owner and directly provides Rental Services to a Vehicle Hirer via the Renteo Platform; and (ii) is then a Party to the said Rental Services transaction with the said Vehicle Hirer. In this respect, the pages of the Renteo Platform on which the Vehicles are available for hire expressly specify the identity of the Vehicle Owner, whether Theault South Pacific’s Vehicle or not.
2.6. The User declares to have read and unreservedly accepts the Terms and Conditions as well as the Membership Terms of Use in their entirety. Theault South Pacific reserves the right to adapt, modify, or update these General Terms and Conditions at any time. Prior to any modification of these Terms and Conditions, Theault South Pacific shall inform the Users in writing of the changes to be made at least 15 days before the new conditions take effect. In any case, the applicable General Terms and Conditions are those in force on the day of use of the Renteo Platform.
2.7. The invalidation or cancellation of a clause in these General Terms and Conditions shall not affect the validity of the General Terms and Conditions as a whole.
2.8. The User has access to mandatory pre-contractual information relating to the Rental Services via the information provided on the presentation pages of the Renteo Platform and these General Terms and Conditions, in particular the characteristics of the Rental Service, the geographical location of the Vehicle, the availability of the Vehicle, the rental rates, the payment terms, the general and special rental conditions and the right of withdrawal. Furthermore, it is the User's responsibility to provide valid identification and a driving license prior to entering into Rental Services transaction. The transmission of these documents determines the definitive nature of the booking. Additional documents may also be requested via the profiles created by the vehicle hire companies. However, car hire companies that have entrusted the Renteo Platform with the management of their bookings are not obliged to provide any additional documents.
2.9. When a car hire company has entrusted the Renteo Platform with the management of its bookings, the User undertakes to comply with these Terms and Conditions and to contact Theault South Pacific via the Renteo Platform for any questions relating to the performance of the Rental Services transactions, using the contact details given in article 18 of these terms and conditions.
3. REGISTRATION, CONNECTION, AND USE OF THE WEBSITE
3.1. To use the Website, the User logs in to the Website
To access the Rental Services that are made available on the Website, the User is required to provide the information requested to make a rental or to log in to his/her customer account. The User may create a customer account if they wish. To do so, he/she must fill in the registration form, making sure to provide the necessary, complete and accurate information. The User is required to provide the information requested on the "Identification" page, in particular: surname, first name, e-mail address, telephone number, company registration number and ABN if the user is a company, as well as the driver's license number.
A copy of an identity document may be kept as proof of the exercise of a right of access, rectification or opposition, or to meet a legal obligation, in particular a driving license. In any event, the User is responsible for the information entered on the registration form and during the booking process. In the event of an error, Theault South Pacific or the car rental company cannot be held responsible for any shortcomings in the processing of the booking and/or the provision of the Rental Services due to the User's failure to comply with this clause.
The Vehicle Hirer declares that they have the capacity to enter into this Rental Services transaction, in particular to hold a valid driver’s license suitable for driving the Vehicles, and to be of the age required by the Vehicle Owner or, failing that, to be at least 18 years old (at the time of registration). The Vehicle Hirer also declares that they have not had any license suspensions or disqualifications, major violations, or alcohol/drug-related incidents in the past five years. The Vehicle Hirer affirms that they have not been convicted of, nor do they have any pending convictions for, a criminal offence in any jurisdiction. Furthermore, they must hold a full, unrestricted driver’s license in the relevant State and/or Territory where the Vehicle is to be used via the Renteo Platform. The Vehicle Hirer undertakes not to create or use any account other than the one initially created, whether under their own identity or that of third parties.
It is advisable for the Users to protect access to their mobile phone and computer with a password and to take out any necessary insurance in case of loss or theft of their device and for its consequences on the Rental Services referred to herein.
3.2. Theault South Pacific may request a User to unsubscribe from the Renteo Platform at any time, for any reason. Similarly, Theault South Pacific may be obliged to suspend and deactivate the Renteo. Platform or the User's registration, without prior notice, formality, or compensation to the User, including, but not limited to, the following circumstances:
• pursuant to a court order,
• in the event of force majeure,
• in the event of breach of these Terms and Conditions,
• in the event of abusive or fraudulent use of the Renteo Platform by the User or any third party acting on their behalf.
3.3. In order to access the Rental Services on the Renteo Platform to connect with Vehicle Hirers, a Vehicle Owner is required to register on the Website. The Vehicle Owner is required to provide the following information and/or elements via the Renteo Platform: For the creation of the Renteo Platform account:
• Identity document
• ABN + ASIC if relevant
• Mobile phone number
• Email address
• Bank account details
• Comprehensive Vehicle specifications with options (including mileage, if applicable)
• Vehicle location (State/Territory, address)
• Copy of the insurance contract allowing for short-term rental
• All necessary information for the Renteo Platform advertisement by Vehicle Owner to Vehicle Hirers, including Rental Service rates and options offered; the amount and terms of the security deposit, etc.
To avoid any errors, the Vehicle Owner is encouraged to ensure the validity of their email address and the specified data. Additional elements may also be provided by the Vehicle Owner if desired, including photos of the Vehicle. To initialize their account, the Vehicle Owners must authenticate themselves by confirming their phone number, taking a photo of their identity card, and accepting automatic debiting. The Vehicle Owner is informed that without this authentication, the connect account on the Renteo Platform will be blocked. In this event, the Vehicle Owner will not be able to receive bookings from the Renteo Platform, without Theault South Pacific's liability being engaged. In any case, the Vehicle Owner is responsible for the information provided via the Renteo Platform. In case of error, Theault South Pacific cannot be reproached for not taking their registration into account. The Vehicle Owner undertakes to provide via the Renteo Platform, without delay, any changes concerning this information and notably any changes affecting the Vehicle, its location or its situation. In any case, in the event of a change in the Vehicle Owner 's situation resulting in a reduction in material conditions and/or the quality of their Rental Services and/or rendering them unable to comply with these Terms and Conditions and/or the Renteo Membership Terms of Use, Theault South Pacific reserves the right to suspend access to Rental Services or remove access to the Website in accordance with these provisions.
3.4. Membership Conditions By confirming their registration to the Renteo Platform, the Vehicle Owner certifies that they comply with these Terms and Conditions and with the Renteo Membership Terms of Use and:
o That they have the capacity to conclude a Rental Services transaction; that there are no financial, regulatory, or conventional obstacles to its conclusion and that they can execute it and comply with all its stipulations.
o That they are the Owner of the Vehicle and, if applicable, are duly registered with the ASIC in this capacity;
o That the Vehicle to be hired by a Vehicle Hirer is in perfect maintenance condition and meets the Renteo Platform's criteria.
3.5. Theault South Pacific, or a person mandated by it, reserves the right to verify by any means the information and declarations of the Vehicle Owner and to visit them at any time, without prior notice, to verify that these Terms and Conditions as well as the Renteo Membership Terms of Use are effectively complied with by the Vehicle Owner.
3.6. The Vehicle Owner is informed and fully aware that Theault South Pacific cannot incur any liability for any false or erroneous information provided via the Renteo Platform. In any case, the Vehicle Owner shall be solely responsible for damages that may be caused to Vehicle Hirers and or any third party originating from this false or erroneous information. In this case, Theault South Pacific will have the option to delete their Vehicle Owner account and seek compensation for any damage caused by the Vehicle Owner.
4. CONNECTION AND USE OF THE RENTEO PLATFORM – PARTNER MERCHANT'S PERSONAL SPACE – POSTING OF LISTINGS
Once duly registered, the Vehicle Owner can log in to the Renteo Platform by filling in the email and password fields provided for this purpose. The Vehicle Owner is responsible for the safeguarding and confidentiality of all their username and password. They will bear full responsibility for any breach thereof and must notably bear the financial consequences of operations made under said code unless they can demonstrate, cumulatively, their lack of responsibility and fault on the part of Theault South Pacific. The Vehicle Owner's registration to the Renteo Platform allows them to access a reserved personal space enabling them to access a certain amount of information and fill in the necessary profile fields. This personal page enables the Vehicle Owner to state the necessary information for the Rental Services they wish to offer, and in particular:
o the Vehicle characteristics,
o the rental price,
o any possible options,
o the location from which it may be collected,
o the cancellation terms they wish to apply, by choosing one of the three possibilities as shown in these Terms and Conditions the Renteo Membership Terms of Use.
o the future bookings made with the Vehicle Owner by Vehicle Hirers via the Renteo Platform.
o booking history
o payments made or pending payments
o their bank details
5. SEARCH, RESERVATION, AND PAYMENT FOR VEHICLE RENTAL
5.1. The Vehicle Hirer accesses a search page on the Renteo Platform where they can select the location where they want to pick up the Vehicle, and the desired availability dates. The Vehicle Hirer then accesses a results page showing the Vehicle Owners offering a Vehicle available according to their search criteria (vehicle type, etc.). The Vehicle Hirer has the option to click on each result to obtain details about the Vehicle Owners and the proposed Vehicle (price, opening hours of the Vehicle Owner, additional services offered besides the rental, any specific practical procedures for the pickup and return of Vehicles, etc.). The exact contact details (name, address, phone number, email) are provided to the Vehicle Hirer once the reservation is confirmed.
The characteristics of the Rental Services being provided by the Vehicle Owner, Theault South Pacific's liability cannot be invoked for any potential changes or errors regarding their description, unless, however, the essential characteristics of the Vehicle booked for Rental Services are affected. It is indicated on each Vehicle listing whether the booking is automatic (referred to on the Renteo Platform as "Automatic Acceptance") or requires prior approval from the Vehicle Owner (referred to as "Manual Acceptance"). For Manual Acceptances, the Vehicle Owner has 12 hours to irrevocably confirm the booking. In the absence of confirmation within this timeframe, the Rental Services will not be processed, and the Vehicle Hirer will not be charged.
Before proceeding with a booking request for a Vehicle, the Vehicle Hirer may, if they wish, contact Theault South Pacific (via the Renteo Platform or via email, telephone, contact form, or through social media) to request additional information about the characteristics and availability of the Vehicle or the Rental Services conditions. Theault South Pacific may contact the Vehicle Owner if necessary.
5.2. The Vehicle Hirer makes their booking by clicking on the appropriate button. They then access a summary of the Vehicle subject to the Rental Services transaction they are about to book. The booking is charged according to the current rate mentioned on the Renteo Platform at the time of booking. Prices are indicated in AUD and include all taxes, with the applicable GST being that in force in Australia at the time of billing. It is possible to make multiple bookings by adding them to the cart and proceeding with a single payment. Bookings for any booking with an end date less than or equal to 80 days from the booking date, payment must be made in AUD in full and upfront, via the Renteo Platform. Payment can be made by credit card or by any other payment method offered on the Renteo Platform at the time of booking confirmation. Subject to the Vehicle Owner’s approval, it is also possible to make a booking under the "counter payment" option, with payment in cash or other on the day of rental, or via a payment link. When opting for this "counter payment" system, the Vehicle Hirer unreservedly agrees to these General Terms and Conditions. For any booking with an end date greater than 80 days from the booking date, the Vehicle Hirer 's banking details are recorded at the time of booking confirmation on the Renteo Platform, through a bank pre-authorisation or a direct debit mandate. No amount is charged at the time of booking. The total rental amount will automatically be debited 60 days before the end of the Rental Services transaction. An email notification will be sent to the User 61 days before the end of the Rental Services transaction to remind them of the upcoming payment. In the event of a payment failure, the Vehicle Hirer will be granted a 7-day period to complete the payment via credit card or other online payment methods available at the time with our bank partner Stripe using a payment link provided by email. If payment fails again, the booking will be automatically cancelled without further notice. The Vehicle Hirer will not be entitled to make any claims in this regard but may submit a new rental request on the Website, provided a full upfront payment option is selected.
5.3. The Vehicle Hirer proceeds with the payment of their Rental Services transaction on the secure Website of Theault South Pacific's financial partner, Stripe. The Stripe must make full payment of the Rental Services transaction by credit card, or any other means of payment offered by the Renteo Platform. The Vehicle Hirer will then receive an email confirmation of their online booking. The Vehicle Owner is informed of the booking request by email and/or SMS. The effective payment of the booking by the Vehicle Hirer formally and definitively formalizes the distance Rental Services transaction concluded between the Vehicle Hirer and the Vehicle Owner through the Renteo Platform or between the Vehicle Hirer and Theault South Pacific in the occasional event that Theault South Pacific is the Vehicle Owner.
As part of the connection it provides via the Renteo Platform, Theault South Pacific deducts, from the price of the Rental Services transaction paid by the Vehicle Hirer, a commission related to its intervention as an intermediary and manager of the Renteo Platform. This commission applies to each Rental Services booked by a Vehicle Hirer from a Vehicle Owner. Through its payment management partner, STRIPE, Theault South Pacific ensures the management of payments related to the Rental Services owed by a Vehicle Hirer to a Vehicle Owner. These payments may include the Rental Services transaction price, mileage supplements at the end of the rental, or compensations for fuel level, cleaning defects, etc. They may also relate to penalties that may be due by the Vehicle Hirer to a Vehicle Owner under the Rental Services transaction. The payment service cannot be requested from Theault South Pacific for any fines or in execution of any court decision following a dispute between the Vehicle Hirer and the Vehicle Owner. Payment for the booking, as well as for any additional charges, can also be made via a payment link provided by the Vehicle Owner or a member of the Theault South Pacific customer service team. The Vehicle Hirer will then be redirected to the Renteo Platform to securely enter their payment details. The Vehicle Hirer receives an email confirmation of the booking summarizing the characteristics of the Rental Services transaction and the booking number they have just booked, which includes a link to these Terms and Conditions. It is advisable for the Vehicle Owner to keep the summary of their booking received by email. Indeed, only the booking number appearing on this email or the booking confirmation will allow them to obtain information about their booking; these documents also constitute proof of the Users' booking and the contract binding the Parties to the Rental Services transaction. In case the Vehicle Hirer has a user account on the Renteo Platform, they can, after their booking, access the history of their ongoing, completed, or even cancelled booking.
6. RENTAL SERVICE TRANSACTION PRICE AND VEHICLE HIRER’s PAYMENT – PAYMENT TO THE VEHICLE OWNER AND RENTEO’s COMMISSION
6.1. The Vehicle Owner confers upon Theault South Pacific the task of concluding the Rental Services transaction contract, billing, and collection from the Vehicle Hirer in its own name but on behalf of the Vehicle Owner. Theault South Pacific uses a dedicated Marketplace payment solution, STRIPE, allowing the Renteo Platform to collect payment from the Vehicle Hirer, manage Vehicle Owner’s funds, automate their transfer to their bank account, and payment of the Theault South Pacific’s commission relating to the use of the Renteo Platform. The general terms of STRIPE are specified on the Renteo Platform under the "STRIPE T&C" section.
6.2. Rental Services price and payment by the Vehicle Hirer: The Rental Services prices offered by the Vehicle Owner through the Renteo Platform are those in effect at the time of the Vehicle Hirer’s booking on the Renteo Platform. This price is set personally by the Vehicle Owner, taking into account various elements of Renteo's Platform compensation mechanism. They are indicated including taxes on the Renteo Platform, payable in cash by the Vehicle Hirer, by credit card, or any other method offered by STRIPE, except for the "counter payments" defined below. The actual debiting of amounts takes place under the conditions defined in these Terms and Conditions. The Rental Service commission paid by the Vehicle Hirer is collected by Theault South Pacific on its financial partner STRIPE's website.
6.3. Payment of the Vehicle Owner's Rental Service: The Vehicle Owner receives the payment corresponding to the Rental Services transaction, net of various elements of Renteo Platform compensation mechanism, to the STRIPE "Connect" account. Their STRIPE account will be credited once the Rental Service is definitively closed without dispute with the Vehicle Hirer, and in any case after 72 hours following the Vehicle's return to the Vehicle Owner. The Vehicle Owner is informed that each financial transaction involving a transfer of funds from their Stripe account to a bank account located outside the Eurozone and SEPA zone – including transfers to Australian bank account – may incur an international processing fee imposed by STRIPE. As at the date of these Terms and Conditions, STRIPE imposes a fee of approximately €5 per transfer. Theault South Pacific reserves the right to recover such fees from the Vehicle Owner, either by deduction from future payments or by separate invoice, unless otherwise agreed in writing with the Vehicle Owner. The applicable fee and currency may be adjusted in accordance with STRIPE's current policies. Consequently, Theault South Pacific may charge the Vehicle Hirer for STRIPE Connect account withdrawal fees. The Vehicle Hirer agrees that Theault South Pacific directly deducts from their STRIPE Connect account the amounts due to Theault South Pacific. Every month, the Vehicle Hirer's bank account will be automatically credited by bank transfer with the amounts received for rentals from the previous month, net of amounts owed to Theault South Pacific. The Vehicle Hirer is free though to withdraw the amounts received 72 hours after the end of the Rental Services. The Vehicle Hirer can choose to activate or not the "counter payment" on-site payment method using Cash. To perform such an operation, they must provide a SEPA direct debit authorization. The bank debit will be used to settle amounts owed to Theault South Pacific in case the amounts received in the Vehicle Owner 's Stripe account are insufficient. From this amount, the share corresponding to the amounts that would have been paid by Theault South Pacific to the Vehicle Hirer due to a Vehicle Owner 's breach is deducted. The Vehicle Owner is informed that there may be a delay of a few days between the transfer date indicated on the Renteo Platform in the "My payments" section and the actual arrival of funds in their bank account.
6.4. Payment of the Renteo Platform commission: The Vehicle Owner remunerates Theault South Pacific for the intermediation performed and the Renteo Platform management by a commission corresponding to 18% of the price paid by the Vehicle Hirer for each booked Rental Services transaction, including STRIPE services. This amount includes all sums due by the Vehicle Hirer (any additional charges, penalties for late return of the vehicle, etc.).
6.5. Invoicing authorisation: By joining the Renteo Platform as a Vehicle Owner, the latter gives their acceptance to Theault South Pacific to invoice in their name and on their behalf the corresponding Rental Services they are required to perform. The mandating Vehicle Owner retains full responsibility for their invoicing obligations and their consequences regarding GST when acting as a professional. They undertake to pay the tax mentioned on the invoices issued in their name and on their behalf to the Australian Taxation Office - ATO. The Vehicle Owner has a period of 3 days to challenge the content of the invoices issued in their name and on their behalf. Furthermore, the Vehicle Owner is informed that when acting as an individual, the sums received may be considered as professional income and must be declared as such to ATO. Declaration and tax obligations are the sole responsibility of the Vehicle Owner.
6.6. Remuneration of a Vehicle Owner for business referral: The Vehicle Owner, if they own a Theault Vehicle, undertakes to inform Theault South Pacific when they become aware of a potential buyer of a Theault Vehicle who is not already in contact with Theault South Pacific. They are to be remunerated as follows: a) Amount of the commission: The Vehicle Owner will receive a commission on each sale made to a new client they have introduced to the Theault South Pacific, namely: o 400 AUD + GST on the sale of a used Theault South Pacific Vehicle, plus GST if the member is liable for GST; o 800 AUD + GST on the sale of a new Theault South Pacific Vehicle, plus GST if the member is liable for GST b) Invoicing and payment terms: The Vehicle Owner will send an invoice for the amount due addressed to the Theault South Pacific. Payment will be made within 30 days at the end of the month. Individuals will provide a receipt to Theault South Pacific for the amount received.
7. DEPOSIT
As a guarantee for the execution of its obligations, a deposit will be required from the Vehicle Hirer, the amount of which will be mentioned on the booking page, and it will be specific to each Vehicle Owner. It ensures the perfect execution of the obligations imposed on the Vehicle Hirer. At the Vehicle Owner's discretion, this deposit will be paid via a pre-authorization by credit card provided by the Vehicle Hirer (or any other means of payment accepted by the Vehicle Owner) up to the amount of the security deposit. The method of payment of the deposit is specified on the booking page. The deposit must in any case be paid on-site to the Vehicle Owner, no later than when the keys to the Vehicle are handed over to the Vehicle Hirer. In this regard, the Vehicle Owner may refuse to make the Vehicle available to the Vehicle Hirer in case of failure to effectively pay the security deposit (in particular in case of failure to submit the check or refusal by the bank to provide the requested bank pre-authorization). In this event, the absence of payment of the security deposit shall not exempt the Vehicle Hirer from its obligations resulting from its booking. Consequently, in the event of non-payment of the security deposit before taking possession of the Vehicle, the Rental Services transaction contract will be terminated for the Vehicle Hirer 's fault and no refund will be made due to the Vehicle Hirer 's breach. This deposit aims to cover, retroactively, the occurrence of an incident such as an accident, theft, damage, traffic violation, and more generally in case of payment of any amount not foreseen and due by the Vehicle Hirer such as cleaning of the Vehicle, fuel payment, late return penalties, administrative fees, as well as additional charges for extra days or extra mileage. By express agreement between the Parties to the Rental Services transaction, the deposit is fully assigned to the Vehicle Owner to the extent of the amounts owed by the Vehicle Hirer under the Rental Services transaction contract. The Vehicle Hirer expressly authorizes the Vehicle Owner to deduct the amount of the sums due from this deposit. The amount of the deposit does not constitute a cap for compensation, as the Vehicle Owner is free to claim additional damages and interest.
At the end of the Rental Services transaction period, the check corresponding to the security deposit will be returned, or the bank pre-authorization (or any other means of payment) will be released after the return of the Vehicle to the Vehicle Owner, deducting, if applicable, any outstanding amounts and the costs of repairs caused by the fault of the Vehicle Hirer in the use of the Vehicle and recorded in the document established jointly on the day of return.
In the event that the repair costs exceed the amount of the security deposit, the Vehicle Owner undertakes to activate their insurance. Failing that, they cannot claim from the Vehicle Hirer any additional compensation beyond the security deposit.
8.MODIFICATION OR CANCELLATION OF A RESERVATION
8.1. For Vehicle Hirers.
The Vehicle Hirer has the option to reschedule their booking from their customer account on the Renteo Platform within the limits of the Vehicle's availability on the chosen dates. The Vehicle Owner may refuse to reschedule the Rental Services, and cancellation conditions will apply.
The Vehicle Hirer can cancel the booking directly from their Vehicle Hirer account on the Renteo Platform according to the cancellation conditions chosen by the Vehicle Owner and specified in the vehicle listing. The 100% refund is only possible if the request is made from the Vehicle Hirer account, otherwise the maximum refund will be 95%. There are three types of cancellation conditions:
• Flexible Cancellation Policy:
o 95% refund of the booking amount for cancellation requests received at least 48 hours before the scheduled start of the Vehicle Rental Services.
o No refund for cancellation requests within 48 hours before the schedule date of the Vehicle Rental Services.
• Moderate Cancellation Policy:
o 95% refund of the booking amount for cancellation requests received at least 7 days before the scheduled date Vehicle Rental Services.
o 50% refund of the booking amount for cancellation requests received between 7 days and 48 hours before the start of the Rental Services.
o No refund for cancellation requests within 48 hours before the scheduled date of the Vehicle Rental Services.
• Strict Cancellation Policy:
o No refund for cancellation requests within 15 days before the scheduled date of the Vehicle Rental Services.
In case of refund of sums, in whole or in part, the Vehicle Hirer, the Vehicle Owner, and Theault South Pacific may agree to issue a credit note valid for a future Rental Services within a limit of 6 months from the initial scheduled date of the Rental Services.
If the estimated cost of the Rental Services had been paid by the Vehicle Hirer at the time of booking, the amounts due by the Vehicle Hirer for the cancellation will be deducted from the payment made, and the balance will be refunded to the Vehicle Hirer within a maximum period of 8 days from the cancellation. If no payment had been made by the Vehicle Hirer, the cancellation fees will be invoiced to the Vehicle Hirer and payable within 8 days from the date of the invoice.
The delay or absence of the Vehicle Hirer for the pick-up of the Vehicle is governed by the provisions of articles 8.1 and 8.2 herein.
8.2. By the Vehicle Owner
In accordance with article 8.1, upon the pickup of the Vehicle, the Vehicle Owner retains full discretion to refuse the Rental Services transaction for any legitimate reason such as the Vehicle Hirer 's intoxication, the fact that the person picking up the Vehicle is not the Vehicle Hirer, etc. In this case, the booking is cancelled. It does not entitle to any refund if the cancellation is due to the Vehicle Hirer 's failure to comply with the Rental Services transaction conditions required by the Renteo Platform and the Vehicle Owner.
In the event of unavailability of the Vehicle at the agreed time by the Parties to the Rental Services transaction (for example, due to mechanical failure resulting from a previous rental of said Vehicle), the Vehicle Owner will make best efforts to find another Vehicle with at least equivalent characteristics within the Renteo Platform network nearby.
If no replacement solution is found by the Vehicle Owner, the latter undertakes to reimburse the Vehicle Hirer within a maximum period of 8 days any amount already paid by the Vehicle Hirer for the booking. The Vehicle Owner will be charged 5% of the initial amount of the Rental Services transaction from Theault South Pacific for banking fees.
Unless cancellation for a legitimate and justified reason to the Vehicle Hirer and the Renteo Platform (Vehicle breakdown with proof of its presence in a garage, etc.), the Vehicle Owner is prohibited from cancelling the Rental Services transaction. In case of violation, the Vehicle Owner shall be liable for an amount equal to 50% of the Rental Services transaction amount to the Vehicle Hirer as a compensation, 5% of the transaction to Theault South Pacific for banking fees and refund the whole amount already paid.
9. VEHICULE PICKUP – DELAY - RETURN
9.1. The Vehicle Hirer is required to personally take over the Vehicle (or one of the drivers possibly previously declared) at the location designated by the Vehicle Owner with whom they have booked their Rental Services. The Vehicle Hirer is required to present to the Vehicle Owner their reservation number, a valid piece of identification, as well as their driver's license (or ID card / Driver's license of one of the drivers possibly previously declared). The Vehicle Hirer or the declared driver must also proceed with the payment of their security deposit under the conditions set out in clause 7 of these Terms and Conditions. The Vehicle Owner may refuse to make the Vehicle available to the Vehicle Hirer if the latter does not provide all the required documents and justifications and/or does not provide the security deposit and/or for a legitimate reason such as the Vehicle Hirer 's intoxication.
9.2. In the event of the Vehicle Hirer being late for the scheduled departure time during the Rental Services transaction, the pickup of the Vehicle is generally still possible since the Rental Service is booked for the selected duration. However, this pickup depends on the opening hours of the Vehicle Owner and their availability. Consequently, the Vehicle Hirer cannot hold the Vehicle Owner and/or Theault South Pacific responsible in case of their delay and the inability to pick up the Vehicle. In any case, the delay cannot have the effect of extending the booked Rental Service for an equivalent duration or reducing the agreed price of the Rental Services transaction.
9.3. If the Vehicle Hirer is absent for the pickup of the Vehicle, the Rental Service remains booked for the selected duration. If the Vehicle Hirer fails to show up after a period of two hours, the Rental Service may be considered cancelled, and this cancellation, due to the Vehicle Hirer, does not entitle the Vehicle Hirer to any refund. If the Vehicle Hirer still shows up, administrative and late fees may be applied to them.
9.4. The Vehicle Owner provides to the Vehicle Hirer:
o the keys to the Vehicle;
o the liability insurance certificate or provisional certificate;
o an accident report form ;
o the registration certificate attesting to the Vehicle Owner's ownership of the Vehicle subject to this contract;
o the document containing the standard condition of the Vehicle accompanied by the mandatory signalling equipment.
Upon receipt of the keys and until the end of the scheduled Rental Services transaction, the Vehicle Hirer is the responsible Party and custodian of the Vehicle.
9.5. The condition of the Vehicle is more precisely described in the Vehicle condition report established between the Vehicle Owner and the Vehicle Hirer at the time of departure of the Vehicle. For simplicity, most inspections are conducted via the WeProov application, which establishes the Vehicle condition report by taking photos of the Vehicle and jointly validating its apparent condition before its pickup.
By signing this document and/or signing the inspections via WeProov, the Vehicle Hirer acknowledges that the Vehicle does not have any other apparent marks of deterioration, that it is in good working condition, and that it is equipped to comply with the requirements imposed by the highway code. No subsequent claim will be admissible, except for defects not apparent in the Vehicle (e.g., warning lights illuminating). The Vehicle Hirer also acknowledges being fully informed of the conditions of use and maintenance of the Vehicle and is considered satisfied with the Vehicle. Consequently, the Vehicle Hirer attests that the Vehicle is delivered to them in good working order, provided with a copy of the registration certificate, insurance, and the Vehicle's compliance certificate for the transportation of live animals. In this context, the Vehicle Hirer undertakes to report, within 15 minutes of departure, and subsequently as soon as possible, any anomalies they may notice in using the Vehicle. Failing this, the Vehicle will be deemed returned in good mechanical condition. The Vehicle Hirer undertakes to return the Vehicle in the same condition as that noted at the departure. To this end, the Vehicle Hirer completes the Vehicle inspection at the departure and upon return in the presence of the Vehicle Owner, notably via the WeProov form. In the event of using the WeProov form, the latter replaces the paper inspection using photos. This inspection is established in a bi-partite manner. In the event that the Vehicle Hirer is not present at the time of return, the Vehicle Owner may conduct the return condition inspection themselves. In the event that the condition inspection is later contested by the Vehicle Hirer, there will be a presumption of truthfulness of the return condition inspection conducted by the Vehicle Owner, with the Vehicle Hirer having to provide evidence to the contrary, notably through expertise. If at the time of the condition inspection, in the presence of the Vehicle Owner and the Vehicle Hirer, the latter does not wish to sign the return condition inspection, the latter will be provisional with the Vehicle Hirer having to demonstrate that the damages were already present at the time of the pickup of the Vehicle. As a reminder, as a Vehicle Hirer, the Vehicle Hirer remains the custodian of the Vehicle and therefore assumes responsibility for damages to the Vehicle, regardless of whether the damages are their fault or that of a third party. In the event of the return of the Vehicle in a non-compliant condition or contradictory with the condition report of the Vehicle at the departure, the Vehicle Hirer may have to bear the costs of reparation as well as administrative fees up to a maximum amount of 150 AUD. These fees may be deducted in whole or in part from the security deposit provided by the Vehicle Hirer. The Vehicle Owner will send within 8 days of the return of the Vehicle a statement of the repairs and expenses (repair costs, cleaning, kilometre overrun charges, etc.) deducted from the amount of the security deposit as referred to in clause 7 herein, which amount may be added to the Vehicle insurance deductible. In the event of repairs, the body shop will be chosen exclusively by the Vehicle Owner. The Vehicle Owner is free to carry out subsequent repairs without dispute from the Vehicle Hirer.
In the event of a delay in the return of the Vehicle by the Vehicle Hirer and when this delay prevents the next Vehicle Hirer from taking over the Vehicle, the Vehicle Owner will invoice the Vehicle Hirer for the rental day as compensation for the loss, according to the financial conditions agreed upon by the Vehicle Owner. A tolerance of 30 minutes is granted to the Vehicle Hirer in this regard. In the event that no rental is scheduled thereafter, any delay of more than 1 hour will result in the invoicing of a rental day, according to the Vehicle Owner's tariff conditions. The Vehicle Owner remains free to adjust the amount of penalties in case of late return.
10. VEHICLE USE TERMS – ACCIDENTS – THEFT - CLEANING
10.1. The Rental Service transaction is personal and non-transferable:
The Vehicle Hirer agrees not to allow anyone other than themselves or those listed on the Rental Services transaction terms and the Vehicle condition report at the time of delivery to drive the Vehicle. A copy of a valid driver's license will be required for each driver. The Vehicle Hirer agrees to drive the Vehicle carefully and to comply with all traffic rules. In case of a traffic violation, a processing fee of 90 AUD will be charged. The Vehicle Hirer agrees to promptly pay any fines, legal fees, or other expenses incurred due to the use of the Vehicle, so that the Vehicle Owner cannot be held liable or disturbed in any way regarding this matter. The Vehicle Hirer is particularly responsible for the consequences in case of exceeding the total weight, load, or any violation of the legislation regarding the use of the Vehicle. During the Rental Services period, the Vehicle Hirer agrees to keep the Vehicle locked and secured when not in use, keeping the keys with them at all times, which should never be left inside the Vehicle. The Vehicle Hirer agrees that the Vehicle will not be used by anyone under the influence of alcohol or drugs. The Vehicle Hirer agrees not to sell, mortgage, or pledge the Vehicle, nor to treat it in a way that would harm the Vehicle Owner.
10.2. Fuel is the responsibility of the Vehicle Hirer:
The Vehicle Hirer agrees to refuel the fuel tank to the required level before returning the Vehicle. In case of failure to do so, the full tank of the Vehicle may be charged to the Vehicle Hirer by the Vehicle Owner for an amount specified in the specific conditions indicated in their listing, or alternatively, an amount of 400AUD. This amount can be paid by any means of payment, including deduction from the security deposit, notably by pre-authorization.
10.3. In the event of immobilisation of the Vehicle for any reason, the Vehicle Owner shall provide the User, subject to availability, with a replacement vehicle capable of providing the Rental Service if the insurance cannot provide such a vehicle. If the Vehicle Owner is unable to provide a replacement vehicle and unless a vehicle is provided through insurance, the Vehicle Owner undertakes to suspend billing during the immobilisation period, if it is not attributable to the Vehicle Hirer or their pet. In case of breakdown, the Vehicle Hirer undertakes to notify the Vehicle Owner and their insurance and shall not carry out any repairs without their agreement. The Vehicle Hirer therefore refrains from taking any repair initiatives. In the event of an accident, the Vehicle Hirer must immediately notify the Vehicle Owner and their insurance. Additionally, the accident report must be provided to the Vehicle Owner as soon as possible and in any case before the end of the Rental Services scheduled period.
10.4. The Vehicle Hirer will fulfil the obligations of a careful user and will complete the accident report in a legible, usable manner, signed by both parties to the accident. In the event of an accident without third parties involved, the Vehicle Hirer will complete the accident report alone. Failure to comply may result in the Vehicle Hirer being required to compensate for damages suffered by the Vehicle Owner, which may be deducted from the security deposit.
10.5. In case of theft of the Vehicle, the User must comply with the following provisions: Immediately report (except in cases of force majeure) the theft or attempted theft to the police authorities as soon as they become aware of it, as well as to the Vehicle Owner and their insurance. Return to the Vehicle Owner the keys and documents of the Vehicle if they are still in their possession, along with a duplicate of the inventory report and the receipt of the theft report. This formality must be completed within 24 hours of the theft report (except in cases of force majeure). The Rental Service ends on the date of handing over the above-mentioned documents and items to the Vehicle Owner, with a partial refund of the rental being made by the Vehicle Owner.
10.6. The Vehicle Hirer undertakes to return the Vehicle in the same cleanliness condition as at the time of pickup, both interior (cab, horse area, and tack room) and exterior. Failure to do so may result in a flat fee charged by the Vehicle Owner, as indicated in the specific conditions specified in their advertisement, or alternatively, a fee of 250 AUD. This amount can be settled by any means of payment, including deduction from the security deposit by preauthorisation.
11. INSURANCE
11.1. The Vehicle Owner shall be responsible for insuring their Vehicle. Theault South Pacific’s role is limited to verifying compliance with this obligation via the Renteo Platform, unless the Vehicle Owner or Hirer opts to obtain insurance cover provided or arranged by Theault South Pacific (through Renteo or its insurance partners). The amount of any deductibles and the applicable conditions shall either be determined by the Vehicle Owner under their own insurance contract, or by the terms of the insurance cover provided or arranged by Theault South Pacific.
The Vehicle Owner must indicate on its Rental Services page on the Renteo Platform the insurance conditions of the Vehicle, especially if roadside assistance is included (specifying whether assistance applies to the Vehicle and/or the horses).
11.2. The Vehicle of the Vehicle Owner's insurance covers external damages related to the Vehicles in the event of an accident. The Vehicle Hirer and any additional driver(s) of the designated Vehicle specified in the Rental Services transaction and approved by the Vehicle Owner are covered by an automobile insurance policy complying with the obligation. This policy covers material and bodily damages they may cause to third parties on or off the road with the rented Vehicle. It is specified that the insurance policy mentioned in the previous paragraph also covers the civil liability of authorised users acting lawfully, as well as the civil liability of the passengers of the rented Vehicle. In the event of theft of the Vehicle, the insurance policy does not cover the repair of damages suffered by the perpetrators.
11.3. The Vehicle Hirer is not insured in particular in the following cases:
o Inability to return the original keys of the Vehicle after discovering the theft.
o Damages to the Vehicle resulting from burns, interior damage, and damage to the upper and lower parts of the Vehicle, as well as damages to tires, hubcaps, and rims.
o Driving under the influence of alcohol or drugs and medication.
o Providing false information regarding the identity or validity of your driver's license.
o Damages or loss of any kind affecting personal belongings, items, or animals contained in the Vehicle exceeding the specified limit.
o Accident with the Vehicle weight not complying with regulatory conditions.
It is hereby reminded that it is the Vehicle Hirer 's responsibility to personally insure their horse, as it is not covered by the Vehicle insurance.
In any event, the Vehicle Hirer who does not comply with the conditions required for Rental Services by Theault South Pacific and/or the conditions of use of the Renteo Platform may have their account deleted by Theault South Pacific.
12. OBLIGATIONS and LIABILITIES
12.1. Obligations for Vehicle Hirer
The use of the Renteo Platform shall be carried out under the responsibility of the Vehicle Hirer. Under these conditions, the Vehicle Hirer is obliged to use the Renteo Platform in accordance with its intended purpose, while respecting the instructions provided by Theault South Pacific, including those outlined in these terms. In the event of a breach by the Vehicle Hirer of any of the obligations set forth in these Terms and Conditions, Theault South Pacific reserves the right to delete the account of the Vehicle Hirer concerned at any time, without prejudice to any damages that Theault South Pacific may potentially claim. The Vehicle Hirer is responsible for the cybersecurity of their equipment, as well as, notably, any data losses and security breaches that may result from a virus or hacking while using the Renteo Platform.
12.2. Theault South Pacific’s Obligations
Theault South Pacific, acting as an intermediary only between the Vehicle Owner(s) and the Vehicle Hirer(s), bears no responsibility for the execution of the Rental Services transaction concluded between the Vehicle Hirer and the Vehicle Owner on the Renteo Platform. In this regard, Theault South Pacific is in no way responsible for the deterioration, loss, or theft of the Vehicle, as well as personal items present therein. Theault South Pacific agrees to perform the task of connecting Vehicle Hirers and Vehicle Owners conferred upon it by the Vehicle Owner. To do so, it lists the Vehicles Owners on the Renteo Platform and provides a space describing its Vehicle and Rental Services. The Vehicle Owner will automatically appear in the search results of Vehicle Hirers based on:
o Its status as a "Renteo Experienced Agent" (first, within a radius of 30km). “Experienced agent” refers to the average ratings and the utilisation rate of the Weproov solution that limits potential disputes, Theault South Pacific 's liability cannot be engaged if non-performance or damage results from the misuse of the Renteo Platform by the Vehicle Hirer, or due to the Vehicle Hirer's fault or that of a third party, or in cases of force majeure as defined in these Terms and Conditions. Similarly, Theault South Pacific shall not be held liable for any temporary or permanent damages caused to the Vehicle Hirer's mobile device, nor for any losses or damages that may occur following access or navigation on the Renteo Platform. The transmission of data via the Internet may lead to errors and/or the Renteo Platform not always being available. Therefore, Theault South Pacific cannot be held liable for the availability and interruption of the online service. It is advised to the Vehicle Hirer to protect access to their mobile device with a password, and to obtain any necessary insurance in case of loss or theft of their device.
12.3. When the liability of the Vehicle Owners or Theault South Pacific is engaged due to a fault on their part, the repair applies only to the direct, personal, and certain damages suffered by the Vehicle Hirer. In any case, the Vehicle Owners and Theault South Pacific disclaim any responsibility for, including but not limited to:
o Malicious acts by the Vehicle Hirer or third parties.
o Damages resulting from the Vehicle Hirer's failure to comply with the rules and recommendations of the Renteo Platform and the Vehicle Owners, including those arising from the conditions required for Rental Services by Theault South Pacific and these Terms and Conditions.
12.3.1. Complaints: Claims about anomalies or non-compliance with Theault South Pacific 's intermediary services via the Renteo Platform must be made in writing within five (5) days of the service's execution. It is the responsibility of the User to provide any justification as to the reality of the observed non-conformities or anomalies. They must facilitate Theault South Pacific in verifying these defects or anomalies.
12.3.2. Liability: When Theault South Pacific 's liability is incurred due to its fault, compensation applies only to direct, personal, and certain damages suffered by the User, expressly excluding compensation for all indirect and intangible damages and/or prejudices, such as financial losses, damage to reputation, etc.
12.4. Obligations and Responsibilities of the Vehicle Owner
a) Vehicle: The Vehicle Owner agrees to offer for Rental Services one or more Vehicle(s) listed below of which they are the owner or lessee with the option of sub-leasing: Theault South Pacific’s horse trucks, heavy goods vehicles intended for horse transportation by Theault South Pacific, a towed Vehicle , or a trailer, in perfect maintenance condition and insured for the risks inherent in short-term rental without a driver. The Vehicle must comply with the selection criteria for Vehicles selected by Theault South Pacific, detailed below:
Theault South Pacific reserves the right to refuse the rental of a Vehicle that meets the eligibility criteria if it is in poor condition or shows signs of lack of maintenance. Conversely, Theault South Pacific reserves the exceptional right to select trailers or trucks that do not meet all of these criteria when the maintenance and safety conditions are excellent. The Vehicle Owner will bear all charges related to this vehicle, especially insurance fees. If the Vehicle Owner rents a Vehicle that does not meet the eligibility criteria or is different from the one presented in the advertisement, Theault South Pacific cannot be held responsible and reserves the right to suspend or cease the Vehicle Owner's access to the Renteo Platform.
b) Rental Conditions
The Vehicle Owner undertakes to comply with the current legislative and regulatory provisions, particularly those concerning price advertising in the Vehicle rental sector. They agree to provide, for each listing, their general and specific rental terms, including but not limited to: o Unit prices inclusive of all taxes for all elements of the service: per kilometer, per time o Prices inclusive of all taxes for additional services offered by the Vehicle Owner o Prices inclusive of all taxes for offered flat-rate services o Prices inclusive of all taxes for offered insurance options, including exclusions, deductible amounts, and buyback costs for all guarantees o Expenses that the Vehicle Hirer must directly cover, if applicable o Applicable conditions in case of vehicle return beyond the scheduled return time o Amount of the security deposit; conditions for its payment and refund; conditions for waiving the deposit payment o Booking terms, any advertisement for Vehicle Rental Services on rental required, and general payment terms o Conditions regarding age or seniority of the driver's license o Obligations, in addition to those resulting from legal guarantees, to which the Vehicle Owner undertakes regarding maintenance, repair, assistance, and replacement of the Vehicle in case of incident or accident, as well as any limitations of their contractual liability o Any other conditions for delivering the Rental Service. The Vehicle Owner agrees to comply with these Terms and Conditions as available on the Renteo Platform that they apply to them and that they have expressly accepted. Any modification to these Terms and Conditions be notified to them as soon as possible and must be applied upon receipt.
The Vehicle Owner undertakes to be present at the time of the Vehicle Hirer's booking scheduled time, within plus or minus 15 minutes, and to ensure the Rental Services terms of the transaction are in accordance with these Terms and Conditions. In case of repeated delays, Theault South Pacific reserves the right to suspend or revoke access to the Renteo Platform. The Vehicle Owner remains solely responsible for the operation of their business and compliance with the applicable regulations. As such, the Vehicle Owner will contract all necessary insurances and will notably subscribe to professional liability insurance when using the Rental Services via the Renteo Platform as a professional and for all acts resulting from the operation of their business. If the Vehicle Owner uses a geolocation system (technology to determine the Vehicle's location), they are required to inform the Vehicle Hirers. They will also ensure compliance with provisions regarding the Privacy Act 1988 Cth as well as the various surveillance devices acts that may apply in some States and Territories of Australia, and will ensure the validity of the purposes and duration of data retention.
12.5. Marketing and Promotional Campaigns By accepting these general conditions, the Vehicle Owner undertakes to comply with marketing and promotional campaigns generated by the Renteo Platform if they do not exceed 5% of the Rental Services transaction amount. They agree not to claim any money from Theault South Pacific if a promotion is applied to one of their rentals. If the promotion exceeds 5% of the Rental Services transaction amount, Theault South Pacific will inform the Vehicle Owner and request their approval. The Vehicle Owner is free to propose additional promotions and must request them from Theault South Pacific for the creation of a promo code and insertion into their listing.
13. FORCE MAJEURE
In the event of the occurrence of a force majeure event – including but not limited to fires, floods, total or partial strikes, business closures, travel restrictions, intentional damage, theft, changes in regulations, inability to be supplied with raw materials, energy supply disruptions, malfunctioning or interruptions of electrical or telecommunications networks, pandemic – preventing the performance of their obligations by the Vehicle Owners and/or Theault South Pacific, the Rental Services Agreement as well as any relevant Rental Services transactions would be immediately suspended for the duration of this Force Majeure event and the Parties could not be held liable for failure or delay in the performance of their obligations.
14. COPYRIGHT
14.1 All content on the Renteo Platform or any advertising material (illustrations, texts, labels, trademarks, images, videos) is the property of Theault South Pacific or is used by Theault South Pacific with the rights holders' authorisation. Any total or partial reproduction of the Renteo Platform and the creation of hypertext links are prohibited unless Theault South Pacific gives its express and prior authorisation.
14.2. Unless otherwise stipulated, studies, projects, mock-ups, and documents of any kind produced, provided, or sent by Theault South Pacific always remain its property. Theault South Pacific retains the intellectual property rights to its creations, which cannot be used, represented, communicated, adapted, or translated without its prior written authorisation. The User is authorised to use Theault South Pacific 's intellectual property rights for the purpose of executing this Agreement and must comply particularly with the graphic charter communicated on the Renteo Platform for the use of Theault South Pacific brand, including through flyers, window stickers, and any other commercial documentation provided to them. Upon termination of its commercial relations with Theault South Pacific, for any reason whatsoever, the User agrees not to use any element of the Renteo Platform and/or Theault South Pacific protected under intellectual property law.
14.3. All trade secrets or business processes, as well as any specifications, financial, commercial, or technical information, know-how, reports, or other information of any kind directly or indirectly related to the affairs of the Parties communicated by one of them to the other for the purposes of negotiation and execution of this Agreement, or which they become aware of in this context, shall, both during their contractual relationship and after its termination, be strictly confidential and each Party shall refrain from disclosing them in any way or for any reason whatsoever and from using them for any purposes other than those provided for herein. The Parties undertake to take all necessary measures to ensure compliance with the obligations arising from this provision by all employees, representatives, and Members. 14.4. The User acknowledges Theault South Pacific 's right to include on its advertising materials or to indicate to any third parties the corporate name or any other distinctive sign of the User during and after the performance of the Rental Services for the promotion of its activity. Theault South Pacific may, in particular, use photos on the Renteo Platform and any other photos published by the User on social networks featuring the Theault South Pacific and/or the RENTEO logo.
15. TERMINATION OF MEMBERSHIP - UNSUBSCRIPTION
The User may unsubscribe from the Renteo Platform at any time, for any reason. However, they undertake to inform Theault South Pacific without delay and to execute the booked Rental Services, unless an agreement is formalised between the Parties to the Rentql Services transaction. In the event of a Partner's breach of obligations, Theault South Pacific may immediately delete their User account or after the execution of already booked Rental Services, depending on the seriousness of the alleged breach. In any case, Theault South Pacific may deactivate the Renteo Platform, without notice, formality, or compensation to the User: 1) by court order, 2) in case of force majeure events, 3) in case of breach of the terms of use, 4) in case of abusive or fraudulent use of the Renteo Platform by the User or any third party acting on their behalf. This will notably be the case in the event of a proven breach by the User, including in the event of a breach of their obligations (repeated cancellations, unjustified cancellations, direct vehicle rental, abusive use of promo codes, excessive refusal of rental requests, numerous complaints from Users and poor Equitrust ratings, rental of a vehicle other than the one on the Renteo Platform for Rental Services, incorrect presentation of the Vehicle, etc.), violation by the User of the rights granted to them under these terms (lack of Vehicle insurance, etc.), or in the event of intrusion or damage to the integrity of the Renteo Platform. In case of suspension, Theault South Pacific will inform the User 30 days in advance of this suspension and will request any explanation regarding the alleged breach in order to determine whether this suspension is temporary or requires termination of the Agreement. In the event of termination for serious breach, Theault South Pacific may immediately suspend access to the Renteo Platform without notice. Any violation of any of the provisions of these Terms and Conditions, as well as any detected fraud or attempted fraud (e.g., identity theft, Vehicle theft, etc.), and/or misconduct (such as harassment, threatening or offensive remarks) may result in permanent exclusion of the User's profile, without prejudice to any legal action against them.
Users may at any time and without reason waive the Service by closing their User account.
16. COOPERATION – INDEPENDENCE – NON-COMPETITION
16.1. All of Theault South Pacific's obligations can only be fulfilled through close collaboration with the User and based on the information provided to the Renteo Platform by the User. Therefore, the User undertakes to make every effort to be available to Theault South Pacific and Users, facilitating the operation of the Renteo Platform under the best conditions.
16.2. The Parties will execute this Agreement independently and will personally take care of all obligations and formalities resulting from their activity, including administrative, social, and tax obligations and formalities.
16.3. During the execution of this Agreement, the User agrees not to provide Vehicle Rental Services outside the Renteo Platform and to record any additional charges (kilometers, options, etc.) via the Renteo Platform. Theault South Pacific reserves the right to remove a Vehicle Owner in case of rentals taken outside of the Renteo Platform. In the event that a User makes a booking request to the Vehicle Owner via the Renteo Platform and the Vehicle Owner refuses it and contracts the rental outside the Renteo Platform, the Vehicle Owner will owe Theault South Pacific the full commission due multiplied by two, considering the seriousness of this breach.
17. ONLINE PLATEFORM INFORMATION
17.1. Referral, dereferencing, and ranking procedures For Vehicle Owners and their Rental Services offers to be referenced on the Renteo Platform, the Vehicle Owners must register on the Renteo Platform and accept these Terms and Conditions as well as the Renteo Membership Terms of Use. Vehicle Owners and their Rental Services offers may be dereferenced from the Renteo Platform in the event of serious misconduct by the Vehicle Owner concerning (i) these Terms and Conditions; and/or (ii) the Renteo Membership Terms of Use; and/or (iii) their legal and contractual obligations towards Users, including the Rental Services transaction. The termination of contractual relations between Theault South Pacific and a Vehicle Owner, for any reason whatsoever, results in the dereferencing of the Vehicle Owner and their Rental Services offers from the Renteo Platform. If a Vehicle Owner is dereferenced, a full refund of the upcoming rental will be provided. The default criteria for ranking Vehicle Owners' Rental Services offers on the Renteo Platform and their main parameters are as follows:
o Experienced agent on the Renteo Platform within 30 kilometres of the search. By experienced agent, it is understood to mean the average of reviews and the utilisation rate of the WeProov solution, which limits potential disputes.
o Kilometre distance up to 150 kilometres around the search. There is no capital link or remuneration between Renteo and Vehicle Owners other than Theault South Pacific exercising influence on the referencing or ranking of rental offers proposed on the Renteo Platform.
17.2. Purpose and conditions of the connection Vehicle Owners include individuals and professionals. The Renteo Platform allows Users to browse Vehicle Rental Services offers, which are provided by Theault South Pacific, or by Vehicle Owners other than Theault South Pacific. It also enables Users who wish to do so to proceed with online booking of Vehicle Rentals Services. Therefore, the Renteo Platform facilitates the conclusion of distance Rental Service transactions. The Renteo Platform is accessible to Users free of charge (excluding any potential connection fees), with only the Rental Service transaction price being payable online if necessary. Payment for the Rental Services transaction is processed by Users on the secure Website of Theault South Pacific's financial partner in accordance with the provisions of these Terms and Conditions. Regarding Rentals Services with Vehicle Owners other than Theault South Pacific, disputes are handled directly by the relevantt Vehicle Owners, and Theault South Pacific does not intervene in this regard. The procedures for resolving disputes regarding the use of the Renteo Platform and regarding Vehicle Rentals Services with Theault South Pacific are set out in these Terms and Conditions.
18. GEOLOCATION - PERSONAL DATA - TELEPHONE SOLICITATION OPT-OUT
18.1. Geolocation
The User is informed by the Vehicle Owner, including when the Vehicle Owner is Theault South Pacific, that for security and Rental Services execution purposes, they may be equipped with a geolocation system.
18.2. Personal data
18.2.1 Theault South Pacific collects and processes the personal data of Users in accordance with the applicable laws and regulations on personal data and its privacy policy (hereinafter referred to as the "Privacy Policy"). 18.2.2 Theault South Pacific collects and processes the personal data of Users and Members as part of handling and executing Rental Service bookings made via the Renteo Platform, relations with Users and Members, and for the preservation of its commercial interests, notably for the purpose of preserving evidence. To the extent necessary for the performance of the Members' and/or Theault South Pacific 's obligations, Theault South Pacific transmits the personal data of the User to the Vehicle Owner with whom a booking has been made. 18.2.3 The Vehicle Owner agrees not to use the personal data of Users transmitted to them for reasons other than related to the execution of the Vehicle Rental Service they provide. Specifically, using this personal data for prospecting and commercial solicitation purposes is prohibited. The Vehicle Owner accepts the privacy and cookie policy accessible at the following link: https://www.renteo.com.au/en/privacy-policy.h
18.3. Opposition to marketing phone calls
The consumer User is informed that they can register on a list to opt out of telemarketing calls. However, it is specified that this registration does not prohibit Renteo and Vehicle Owners from contacting the User by phone for the sole purpose of executing this Agreement and/or the Rental Services transaction.
19. EVIDENCE AGREEMENT
The Vehicle Owner acknowledges the probative value of the data backups made by Theault South Pacific, notably regarding push notifications and/or emails addressed to them.
20. REVIEW PUBLICATION
The Vehicle Hirer has the possibility to leave a review regarding the Rental Services in accordance with the Review Publication Conditions.
21.PROOF CONVENTION
The Vehicle Hirer acknowledges the evidentiary value of the data backups made by Theault South Pacific, particularly regarding the emails sent to them.
22.APPLICABLE LAW – CONTRACT LANGUAGE – JURISDICTION - MEDIATION
22.1. The Parties agree that these Terms and Conditions, the Members Terms of Use, this Agreement, the Vehicle Owner Terms and Conditions, and the Rental Services transactions are governed by the laws that apply in the State of New South Wales. The language of these terms and the relations between the Parties is English.
22.2. Regarding the use of the Renteo Platform and Rental Services transactions concluded between Users, any User may request Theault South Pacific’s assistance in the event of a dispute. Theault South Pacific reserves the right, but is under no obligation, to monitor or assist in resolving disputes between Users.
22.3. For disputes relating to the use of the Renteo Platform, this Agreement, and/or the Rental Services transactions; and/or the Vehicle Owner Terms and Conditions, the Parties to this Agreement and/or the Parties to the Rental Services transaction, irrevocably agree to submit to the non-exclusive jurisdiction of the courts and appeal courts of the State of New South Wales in Australia.
22.4. Each party to a dispute expressly waives any objection to the venue of such proceedings or any claim that the proceedings have been brought in an inconvenient forum.
22.5. If a User wishes to make a complaint, they are encouraged to first contact Theault South Pacific using the contact details provided on the Renteo Platform.
22.6. In the absence of an amicable resolution and depending on the nature of the User (consumer or professional), complaints may be submitted to the relevant consumer protection authorities, including the Australian Competition and Consumer Commission (ACCC) or the appropriate State or Territory Ombudsman.
22.7. For complaints, disputes, or conflicts related to Rental Services transaction with a Vehicle Owner other than Theault South Pacific, the User must directly contact the relevant Vehicle Owner, as Theault South Pacific does not intervene in the resolution of these disputes.
In this context, the User is required to address their complaint directly to the relevant Vehicle Owner.
23. CONTACT
For any questions or complaints regarding the Renteo Platform, its Rental Services, booking, personal data, etc., the User can contact Theault South Pacific at the following coordinates:
Email : contact@renteo.com.au
Phone number : +61 (0)2 8880 8337
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