Terms of Service

Last Updated: November 2025

Welcome to Elite Car Hire. These Terms of Service ("Terms") govern your use of our peer-to-peer luxury and classic vehicle rental platform. By accessing or using our services, you agree to be bound by these Terms.

1. Platform Overview

Elite Car Hire operates as a peer-to-peer marketplace connecting vehicle owners ("Owners") with customers ("Customers" or "Renters") seeking to hire luxury, exotic, classic muscle cars, and premium vehicles for special occasions, events, and experiences.

1.1 Our Role: Elite Car Hire acts as an intermediary platform facilitating bookings between Owners and Customers. We do not own the vehicles listed on our platform and are not a party to the rental agreement between Owners and Customers.

1.2 Service Coverage: Our services are available throughout Australia, with vehicles listed across NSW, VIC, QLD, SA, WA, TAS, NT, and ACT.

2. User Accounts and Registration

2.1 Account Creation

To use Elite Car Hire services, you must:

Be at least 25 years of age
Hold a valid Australian driver's license (full license, not provisional)
Provide accurate and complete registration information
Maintain the security of your account credentials
Immediately notify us of any unauthorized account use

2.2 Account Types

Customer Accounts: Individuals seeking to rent vehicles for personal use.

Owner Accounts: Vehicle owners listing their luxury, exotic, or classic vehicles for hire. Owners must provide:

Valid vehicle registration documentation
Comprehensive insurance policy details
Current insurance expiry date
Vehicle specifications and condition details

2.3 Account Approval: All Owner accounts and vehicle listings are subject to admin approval before becoming active on the platform. Elite Car Hire reserves the right to reject any account or listing at our discretion.

3. Booking Process and Workflow

3.1 Making a Booking

Customers can browse available vehicles and submit booking requests including:

Desired booking date and time
Rental duration (minimum 4 hours, maximum 30 days)
Pickup and drop-off locations
Up to three destination addresses
Event type (wedding, corporate, private hire, etc.)
Special requirements or requests

Advance Booking Window: Bookings must be made at least 24 hours in advance and no more than 90 days ahead of the desired date.

3.2 Booking Confirmation Workflow

The booking process follows these steps:

Booking Submission: Customer submits booking request with initial quote based on hourly rate × duration
Owner Review: Owner reviews booking and has the option to:
- Confirm booking as-is (status changes to "Confirmed")
- Add additional charges (e.g., for excess travel distance beyond standard coverage) with detailed justification
Customer Approval (if additional charges apply): If Owner adds extra charges:
- Booking status becomes "Awaiting Approval"
- Customer receives notification with breakdown of original amount + additional charges + reason
- Customer must either approve the updated total or reject the changes
- Rejection results in booking cancellation
Payment: Once confirmed (either directly or after customer approval), customer proceeds to secure payment
Booking Completion: After successful payment, booking status moves to "In Progress" then "Completed" after the rental period ends

3.3 Booking Reference

Each booking receives a unique reference number for tracking and communication purposes.

4. Pricing and Payments

4.1 Rental Pricing

Vehicle rental rates are set by individual Owners and displayed as hourly rates. The base booking amount is calculated as:

Base Amount = Hourly Rate × Duration (in hours)

4.2 Additional Charges

Owners may add additional charges for:

Excess travel distance beyond standard coverage area
Extended rental periods beyond initially quoted duration
Special requests or services

Important: Any additional charges must be clearly justified and approved by the Customer before payment is processed.

4.3 Payment Processing

Payment Gateway: All payments are processed securely through Stripe
Payment Timing: Full payment is required at the time of booking confirmation
Accepted Payment Methods: Visa, MasterCard, American Express, and other cards supported by Stripe
Currency: All transactions are processed in Australian Dollars (AUD)
Payment Security: We never store your complete card details - all payment information is handled securely by Stripe

4.4 Platform Commission

Elite Car Hire charges a 15% commission on all completed bookings. This commission is:

Deducted from the Owner's payout
Applied uniformly to all vehicle types and categories
Used to maintain and improve platform services, payment processing, and customer support

Commission Example:

Booking Total: $1,000
Platform Commission (15%): $150
Owner Payout: $850

4.5 Owner Payouts

Owners receive their payout (booking amount minus platform commission) according to the payment cycle configured by platform administrators, typically:

On booking completion, or
Weekly on Mondays, or
Monthly on the 1st of each month

5. Cancellation and Refund Policy

5.1 Cancellation by Customer

Cancellation Fee: All cancellations are subject to a 50% cancellation fee of the total booking amount, regardless of how far in advance the cancellation is made.

Cancellation Process:

Customer initiates cancellation through their booking dashboard
50% of the booking amount is retained as cancellation fee
Remaining 50% is refunded to the original payment method within 5-10 business days
Owner and Customer both receive cancellation confirmation notifications

5.2 Cancellation by Owner

If an Owner must cancel a confirmed booking:

Customer receives a full refund (100%) of the booking amount
Owner may face account penalties or suspension for repeated cancellations
Customer receives priority rebooking assistance

5.3 Cancellation Due to Force Majeure

In cases of extreme weather, natural disasters, government restrictions, or other events beyond reasonable control:

Either party may cancel without penalty
Full refund issued to Customer
No negative impact on Owner account standing

6. Vehicle Owner Responsibilities

6.1 Insurance Requirements

Owners must maintain:

Comprehensive vehicle insurance valid throughout Australia
Coverage that explicitly permits commercial hire or peer-to-peer rental
Policy details and expiry dates kept current in the platform system
Minimum public liability coverage of $20 million

6.2 Vehicle Condition and Maintenance

Owners warrant that listed vehicles:

Are roadworthy and comply with all Australian vehicle standards
Have current registration valid in their listed state/territory
Are maintained in excellent mechanical and aesthetic condition
Match the descriptions, specifications, and photos provided in listings
Are clean and presentable at the time of handover to Customers

6.3 Accurate Listing Information

Owners must provide truthful and accurate information about:

Vehicle make, model, year, and color
Features, amenities, and specifications
Maximum passenger capacity
Any limitations, restrictions, or conditions of use
Pricing and availability

6.4 Availability Management

Owners are responsible for:

Keeping their availability calendar accurate and up-to-date
Blocking dates when vehicles are unavailable
Responding to booking requests within 48 hours
Honoring all confirmed bookings

7. Customer Responsibilities

Important Note: Elite Car Hire operates as a chauffeur service. Owners are the sole authorized drivers of all vehicles. Customers are passengers only.

7.1 Passenger Requirements

Customers must:

Be at least 18 years of age for booking purposes
Provide accurate pickup and destination information
Be present at the agreed pickup time and location
Provide valid identification when requested
Have the booking confirmation or reference number available

7.2 Passenger Conduct

Customers agree to:

Conduct themselves in a respectful and lawful manner
Follow all reasonable directions given by the Owner/Driver
Not engage in illegal activities while in the vehicle
Not smoke in the vehicle unless explicitly permitted by the Owner
Wear seatbelts at all times as required by law
Keep the vehicle clean and free from damage
Report any concerns or issues to the Owner/Driver immediately

7.3 Prohibited Conduct

Customers must NOT:

Operate or attempt to operate the vehicle (Owners are the sole drivers)
Consume alcohol or drugs in an excessive or disruptive manner
Exceed passenger capacity limits
Transport hazardous or illegal materials
Damage, modify, or alter the vehicle in any way
Behave in an aggressive, abusive, or threatening manner toward the Owner/Driver
Interfere with the Owner/Driver's operation of the vehicle

7.4 Service Modifications

Customers understand that:

Route and itinerary changes may be requested but are subject to Owner approval
The Owner/Driver has final discretion on routes, stops, and driving decisions for safety
Extended time or additional destinations may incur extra charges as agreed with the Owner
The Owner/Driver may refuse service or terminate the journey if the Customer violates these terms

8. Damage, Loss, and Liability

8.1 Customer Liability for Damage

As passengers, Customers are liable ONLY for damage they cause through:

Failure to follow the Owner/Driver's reasonable directions
Intentional or reckless damage to the vehicle interior or exterior
Interior damage including stains, burns, tears, or odors caused by the Customer
Damage to accessories or equipment caused by misuse or negligence
Loss or theft of items left in the vehicle due to Customer negligence

Important: Customers are NOT liable for damage caused by the Owner/Driver's operation of the vehicle, normal wear and tear, or mechanical failures not caused by Customer actions.

8.2 Accident and Incident Reporting

In the event of an accident, incident, or damage, Customers must:

Remain calm and follow the Owner/Driver's instructions
Contact emergency services if required (000)
Provide accurate information to authorities if requested
Notify Elite Car Hire within 24 hours if the incident involved Customer conduct
Complete a detailed incident report if requested
Cooperate fully with any investigation or insurance claims process
Provide honest statements about the incident

8.3 Insurance Coverage

Vehicle insurance is maintained by the Owner for their operation of the vehicle. Customers should:

Understand that the Owner's insurance covers vehicle operation and accidents
Consider obtaining personal travel or accident insurance for their own protection
Be aware they may be liable for interior damage they directly cause through misconduct

Note: Elite Car Hire is not responsible for insurance coverage. Owners maintain appropriate insurance for their chauffeur services. Customers are responsible for their own personal insurance needs.

9. Dispute Resolution

9.1 Dispute Reporting

If disputes arise between Owners and Customers:

Both parties should first attempt to resolve the matter directly
If resolution is not possible, disputes can be formally raised through the platform
Elite Car Hire will review evidence from both parties
Platform administrators will work toward a fair resolution

9.2 Platform Decision

Elite Car Hire reserves the right to make final determinations on disputes based on:

Evidence provided (photos, documentation, communications)
Platform terms and policies
Australian consumer law
Fairness and reasonableness

10. Prohibited Conduct

Users must not:

Provide false or misleading information
Impersonate another person or entity
Engage in fraudulent transactions
Harass, abuse, or threaten other users
Attempt to circumvent the platform to avoid fees
Use the platform for any illegal purpose
Interfere with platform operations or security
Scrape, data mine, or collect user information

11. Account Suspension and Termination

11.1 Suspension

Elite Car Hire may suspend accounts for:

Violation of these Terms of Service
Suspicious or fraudulent activity
Multiple customer complaints
Non-payment or payment disputes
Pending investigation of incidents

11.2 Termination

We reserve the right to terminate accounts for:

Serious or repeated violations of Terms
Illegal activity
Fraud or deception
Unsafe vehicle operation
Abuse of platform or other users

Terminated users:

Lose access to the platform
Forfeit any pending payouts (if violations involve fraud)
May be reported to authorities if illegal activity is involved

12. Limitation of Liability

12.1 Platform Liability

Elite Car Hire operates as a marketplace connecting Owners and Customers. To the fullest extent permitted by law:

We are not liable for the condition, safety, or legality of listed vehicles
We are not responsible for the conduct or actions of Owners or Customers
We do not guarantee the accuracy of vehicle listings or availability
We are not party to disputes between Owners and Customers

12.2 Service Availability

We strive to maintain platform availability but do not guarantee:

Uninterrupted access to services
Error-free operation
Freedom from viruses or malicious code
Specific results from platform use

12.3 Maximum Liability

Our maximum aggregate liability for any claims arising from platform use is limited to the lesser of:

The total fees paid by you in the 12 months preceding the claim, or
$1,000 AUD

12.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy. By using Elite Car Hire, you consent to:

Collection of personal information necessary for platform operation
Sharing of relevant information between Owners and Customers for bookings
Use of information for payment processing, notifications, and platform improvements
Compliance with legal obligations and requests from authorities

We implement industry-standard security measures to protect your data but cannot guarantee absolute security.

14. Intellectual Property

All platform content, including but not limited to:

Website design, layout, and graphics
Software, code, and functionality
Logos, branding, and trademarks
Text content created by Elite Car Hire

...is owned by or licensed to Elite Car Hire and protected by copyright, trademark, and other intellectual property laws.

User Content: By uploading photos, descriptions, or other content, you grant Elite Car Hire a worldwide, non-exclusive, royalty-free license to use, display, and distribute that content for platform operation and marketing purposes.

15. Modifications to Terms

Elite Car Hire reserves the right to modify these Terms at any time. When changes are made:

Updated Terms will be posted on the website
The "Last Updated" date will be revised
Continued use of the platform after changes constitutes acceptance
Significant changes may be communicated via email

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. Any disputes arising from or relating to these Terms or platform use shall be subject to the exclusive jurisdiction of the courts of Australia.

17. Contact Information

For questions, concerns, or support regarding these Terms of Service:

Email: support@elitecarhire.au
Contact Form: Available through the platform
Response Time: We aim to respond within 48 hours

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Elite Car Hire regarding platform use and supersede all prior agreements and understandings.

By creating an account and using Elite Car Hire services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.