TERMS AND CONDITIONS OF STANDARD RENTAL AGREEMENT
Effective 1 July 2018
OUR COMMITMENT TO YOU
The Avis Budget Group is a global car rental group servicing the car and truck rental needs of the leisure and business traveller. Within Australia, Avis operates in more than 180 corporate and licensee owned locations. We are committed to providing quality service and value for money. In particular:
• we provide only current model vehicles; and
• our vehicles are serviced and maintained in accordance with manufacturers’ recommendations. Avis undertakes to transact its business:
• fairly, reasonably and honestly and to encourage its suppliers, agents and others to act fairly, reasonably and honestly; and
• with competence, care and prudence, ensuring due compliance with the Code.
CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer (Your Consumer Rights) under applicable consumer protection legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
Avis is a member of the Australian Finance Industry Association – Fleet & Rental Division (AFIA). As a member of the AFIA, in addition to compliance with the Australian Consumer Law, Avis agrees to comply with the standards set out in the Code which applies to members of the AFIA whose business is the short-term daily hire of vehicles from fixed locations. Avis will, and will ensure that its officers and employees, uphold the minimum standards set out in the Code when providing services covered by the Code. A copy of the Code can be accessed at.
Avis welcomes Your feedback. Please tell us where we are going wrong by contacting us through our website (www.Avis.com.au) at ‘Customer Service’ or by phone or mail. (We would also like to hear about what we are doing right).
If You have specific issues or concerns please email customer.service@Avis. com.au or phone 1800 141 000. Issues are logged and assigned an enquiry number, which You can use as a reference. Issues raised are managed by an experienced team of company employees to ensure swift resolution. Avis aims to resolve standard queries (not involving damage or insurance related issues) within 5 working days. There are occasions, for example hail storms, flood events, and so on, which may result in multiple claims around the same time. In such circumstances we aim for as prompt a resolution as possible. Damage or insurance related issues cannot be allocated a predetermined timeline because of the involvement of external parties over whom Avis has no time procedural control, but we aim for as prompt a resolution as possible.
1 INTERPRETING YOUR RENTAL AGREEMENT
The rental agreement (Rental Agreement) between Avis and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle, and is made up of that Rental Document and these Terms and Conditions. The Rental Agreement, Rental Document and these Terms and Conditions apply in addition to any representation made to You by Avis or Avis’ employees. ABAV0005 06/18 By entering into the Rental Agreement, You also agree to be bound by the terms and conditions set out in:
• Avis’ Privacy Notice (Annexure A)
• RMS E-toll Facility Terms and Conditions (Annexure B)
• AIG’s Insurance Policy (if purchased and applicable) (Annexure C)
Fees and charges that Avis is entitled to charge without further consent from You other than signing the Rental Agreement are set out in the Pricing Schedule at Annexure D. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rental Document. If you have pre-paid Your booking, You have also agreed to the Pre-Pay Terms and Conditions. To the extent of any inconsistency between this Rental Agreement and the Pre-Pay Terms and Conditions, the Pre-Pay Terms and Conditions prevail. In these Terms and Conditions:
‘Accessory’ means any equipment set out in the Rental Document, including (as applicable) any global positioning system receiver or similar device or any child restraint, booster or similar equipment;
‘Account’ means the debit card, credit card or Avis charge account to which Rental Charges are to be debited;
‘Additional Driver Fee’ means the fee payable by You to Avis for the addition of an Authorised Driver aside from You;
‘Authorised Driver’ means You and any additional driver who is:
• Your spouse; or
• Your employer, employee, fellow employee or partner if it is disclosed by You to Avis that the Vehicle is rented for business purposes; or
• Added to the Rental as an additional authorised driver using the additional drivers form or Rental Document;
‘Australian Consumer Law’ means Schedule 2 to the Competition and Consumer Act 2010;
‘Avis Insurance Policy’ means a policy of liability insurance held by Avis for Your and an Authorised Driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the Vehicle by You or an Authorised Driver;
‘Avis’ means W.T.H Pty Limited ABN 15 000 165 855 trading as ‘Avis Australia’ or, where applicable, an independent Avis Rent a Car System licensee;
‘Code’ means the Australian Finance Industry Association Car Rental Code of Practice;
‘Collection Costs’ means Avis’ reasonable costs of collecting unpaid Rental Charges from You;
‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the Rental Document;
‘Excess Reduction’ means the product called ‘Excess Reduction’ that You may purchase before the rental commences to reduce any Excess Amount payable;
‘Fair wear and tear’ means fair wear and tear described in the Code under the annexure headed “AFIA Fair Wear and Tear Guide - Rental Vehicles” and does not include damage (as set out in that annexure);
‘Late Return Charge’ means a single charge payable by You if You do not return the Vehicle on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with Avis under clause 6.1(a);
‘Loss Damage Waiver’ means the loss damage waiver described on the Rental Document as LDW which reduces Your financial responsibility for loss or damage to the Vehicle to the Excess Amount;
‘Manufacturer’s Specifications’ means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual located in the glove box of the Vehicle;
‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the door seal or the top of the front and back windscreens, or damage to third party property, caused by the Vehicle coming into contact with any thing overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;
‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document and Pricing Schedule or payable under this Rental Agreement;
‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Avis;
‘Roadside Assistance Cover’ means the provision of the roadside assistance services described in clause 5.3 for the Roadside Assistance Cover fee specified in the Pricing Schedule;
‘Roadside Callout Fee’ means a charge for an individual roadside assistance callout event, as specified in the Pricing Schedule;
‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while using the Vehicle as a substitute for the vehicle insured under that policy;
‘Underbody Damage’ means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with any thing below the bottom of the door seal and the bottom of the front and rear bumper bars where Avis considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage;
‘Vehicle’ means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by Avis unless the context requires otherwise; and
‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made.
2.1 You agree and acknowledge that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver hold a current licence (not being a learner’s licence or provisional licence) to drive the Vehicle and have been licensed to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Document.
2.2 You are responsible for the acts and omissions of each Authorised Driver and any other person You or an Authorised Driver allows to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Loss Damage Waiver option or Excess Reduction option (if accepted or included in Your rate) if You or an Authorised Driver allows an unauthorised driver to drive the Vehicle and that unauthorised driver causes loss of or damage to the Vehicle or damage to the property of a third person.
2.3 To add an Authorised Driver, You must pay the Additional Driver Fee. The Authorised Driver must provide to Avis a copy of a licence confirming that the Authorised Driver is authorised to drive the Vehicle at the time the Rental Document is signed.
3 WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
3.1 You and any Authorised Driver must only use the Vehicle:
(a) on a road which is properly formed and constructed as a sealed, metalled or gravel road (unless the Vehicle is a 4 wheel drive Vehicle and in Western Australia where it may only be used on graded, unsealed roads unless approved in writing);
(b) In Western Australia You and any Authorised Driver must not use the vehicle off road (e.g. on a fire trail, beach, track, grassed area or to cross streams or any other body of water) unless You have authorisation from Avis in writing.
3.2 You and any Authorised Driver must not, unless authorised in writing by Avis, drive or take the Vehicle:
(a) to Gove Peninsula or any island off the coast of Australia (including, but not limited to, Bruny Island, Fraser Island, Groote Eylandt, or the Tiwi Islands);
(b) to Kangaroo Island; however, if so authorised, You and any Authorised Driver must not drive the Vehicle between dusk and dawn outside the town limits;
(c) into or out of the Northern Territory, Western Australia or Tasmania;
(d) in Queensland:
(1) on Highway No. 27: beyond Chillagoe in a Westerly direction;
(2) on Highway No. 1: beyond Normanton in a Southerly direction and no further North than Karumba;
(3) if the Vehicle is a passenger vehicle or truck, beyond Cooktown to the North or Lakeland to the West and no further North than Cape Tribulation on the Coast Road; or
(4) on the Coast Road from Helenvale to Cape Tribulation, or from Laura to Lakeland, unless the Vehicle is a 4 wheel drive vehicle;
(e) in the snow (at any time and anywhere (including Tasmania));
(f) above the snow line in: (1) New South Wales (being Jindabyne); or (2) Victoria (being Bright), from the beginning of June until the end of September;
(g) on beaches or through streams, dams, rivers or flood waters;
(h) in Western Australia: (1) to any parts North of Carnarvon;
(2) on the Gibb River Road, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Holland Track; (3) beyond 100 kilometres of the Perth city limits between dusk and dawn; or
(i) otherwise, outside any town or city limits between dusk and dawn; or
(j) in the Northern Territory:
(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or
(2) outside any town or city limits between dusk and dawn.
4 USE OF THE VEHICLE
4.1 You and any Authorised Driver must:
(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
(b) not, without Avis’ prior written consent, use, or allow the Vehicle to be used, to push anything;
(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not, without Avis’ prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained Avis’ approval to do so;
(h) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and Avis’ recommendations;
(i) not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;
(j) not, without Avis’ prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances;
(k) not use the Vehicle for the conveyance or towing of any load unless You have Avis’ prior written consent; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and Avis’ recommendations; and
(l) not use the Vehicle in contravention of any law.
5 MAINTENANCE, SECURITY AND CLEANING
5.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that Avis has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;
(b) keep the Vehicle locked when it is unattended and the keys under Your or the Authorised Driver’s personal control at all times; and
(c) comply with all applicable seat belt and child restraint laws.
5.2 Avis will provide 24 hour roadside assistance for all inherent mechanical faults (as reasonably determined by Avis or its authorised repairer) at no additional cost provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of clauses 3 or 4.1 (save, in respect of clause 4.1(l), for minor infractions).
5.3 For each roadside assistance callout for a fault or incident caused by Your act or omission (including, but not limited to emergency refuelling (up to an amount required to reach the nearest petrol station), a tyrerelated incident, lost keys, keys locked in vehicle, or a flat battery due to lights or other electrical equipment being left on), You will be charged the Roadside Callout Fee, unless You have purchased Roadside Assistance Cover.
5.4 Roadside Assistance Cover does not apply if the Vehicle has been used in breach of clauses 3 or 4.1 (save, in respect of clause 4.1(l), for minor infractions) or in respect of any additional amount(s) payable under clauses 8.3 and 8.6.
5.5 You must not have repairs to the Vehicle carried out unless Avis authorises You to do so. Avis requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt from the repairer to assist Avis. Avis will reimburse You for any repairs to the Vehicle authorised by Avis, provided that Avis can verify the cost of those repairs. To the extent that Avis cannot verify the cost of repairs, Avis will not reimburse You.
5.6 If You or another person has been smoking in the Vehicle during the Rental Period in breach of clause 4.1(i); You will be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by Avis and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or smoke extraction.
6 RETURN OF VEHICLE
6.1 You must return the Vehicle to Avis:
(a) to the place, on the date and by the time shown on the Rental Document unless You have informed Avis of a change prior to the return date and time and Avis has agreed to the change; and
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
6.2 If You tell Avis that You wish to return the Vehicle to a location other than that stated on the Rental Document, Avis will advise You of the amount of the ‘one-way fee’ that You will incur (unless clause 6.5(a) applies to You). If You do not tell Avis in advance, You must pay a ‘one-way fee’ of up to $2 per kilometre (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under clause 6.3 or 6.4.
6.3 If You:
(a) return the Vehicle at a later date or time than that shown on the Rental Document;
(b) return the Vehicle to a place other than that shown on the Rental Document; or
(c) do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document, the rates shown on the Rental Document may not apply and You must pay the rate that is reasonable in the circumstances for the Vehicle for the Rental Period as well as the Late Return Charge.
6.4 If You return the Vehicle at an earlier date or time than agreed, the rates shown on the Rental Document will not apply and You must pay the rate that was applicable for the Vehicle for the Rental Period (which is likely to be higher than the rates shown on the Rental Document).
6.5 Avis may request the immediate return of the Vehicle, or Avis may recover the Vehicle without notice, if:
(a) the credit limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘one-way fee’ becomes payable by You;
(b) the Rental Period expires without satisfactory arrangements having been made by You with Avis; or
(c) Avis reasonably suspects that:
(1) the Vehicle may be used for an unlawful purpose;
(2) damage to the Vehicle, or injury to persons or property, is likely to occur; or
(3) the Vehicle will be involved in an industrial dispute.
6.6 If You do not return the Vehicle on the date and by the time shown on the Rental Document (or any extended date or time agreed with Avis) then:
(a) after written notice to You and if the location of the Vehicle is unknown, Avis may report the Vehicle as stolen to the Police; and
(b) You must pay Avis all Rental Charges (including additional Rental Charges) and compensate Avis in accordance with clause 8 for any loss Avis suffers (including all reasonable additional costs Avis incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by Avis.
6.7 If You have breached the Rental Agreement and Your breach of the Rental Agreement (or a breach of the Rental Agreement by any Authorised Driver) has caused the downtime of the Vehicle, You will be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime).
7.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications. 7.2 If You drive the Vehicle less than 120 kilometres during the Rental Period, You will be charged the Refuelling Service Fee per kilometre driven as set out in the Rental Document. Avis will waive the Refuelling Service Fee if You present a receipt indicating You have refuelled the Vehicle and the Vehicle has the same level of fuel that the Vehicle had when You rented it, as determined reasonably by Avis’ visual inspection of the Vehicle’s fuel gauge.
(a) You drive the Vehicle 120 or more kilometres during the Rental Period; and
(b) You do not select the ‘Prepaid Fuel Option’ in the Rental Document (where that option is available); and (c) You return the Vehicle with less fuel in the Vehicle than the Vehicle had when You rented it, You must pay Avis the Fuel Service amount per litre as set out on the Rental Document. The Fuel Service amount reflects the cost of fuel per litre plus Avis’ reasonable costs associated with arranging to fill the Vehicle with fuel.
7.4 For the purpose of clause 7.3 the fuel level of the Vehicle at the time You rent it and at the time You return it to Avis is determined by visual inspection by Avis of the Vehicle’s fuel gauge, and the kilometres driven, however if a Fuel Service amount is charged, that amount will be based on the number of litres of fuel actually put into the Vehicle to return it to the level of fuel that the Vehicle had when You rented it.
8 LIABILITY FOR LOSS OR DAMAGE
8.1 The liability for damage to or loss of the vehicle during the Rental Period is divided between You and Avis as set out in this clause 8. Some of the risk will be covered by insurance, as set out in clause 9.
8.2 Avis is liable for any damage to or loss of the Vehicle that is our fault. This includes:
(a) any failure on our part to properly maintain the vehicle; and
(b) loss or damage directly due to our negligence or wilful default. 8.3 You are liable to compensate Avis for any damage or loss that is Your fault or is attributable to Your use of the Vehicle. This includes:
(a) damage or loss caused or contributed to by You;
(b) Overhead Damage or Underbody Damage (including, without limitation, damage which occurs if You drive the Vehicle into a bridge, a tunnel, a tree, or the roof or boom gate of a car park; or damage to the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds) which damage is not attributable to fair wear and tear;
(c) You driving the vehicle in a manner that results in total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs as a result of You driving the Vehicle through floods, creeks or rivers);
(d) damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1, 5.1 or 5.5 (save, in respect of clause 4.1(l), for minor infractions);
(e) damage to a tyre or an Accessory not attributable to normal wear and tear that is caused deliberately or recklessly by You. For the purposes of paragraphs 8.3(a) to (e), any reference to You includes an Authorised Driver and any person You or the Authorised Driver allow to drive the Vehicle.
8.4 You are also liable for damage to third party property which is caused or contributed to by You or an Authorised Driver or any person You or the Authorised Driver allow to drive the Vehicle.
8.5 Where loss or damage is caused by a third party, You will not be liable provided You provide Avis with the details of the incident set out in clause 9.2(b) so that Avis can recover the amount of loss or damage from the third party.
8.6 Where the Vehicle is stolen and you have reported the Vehicle as stolen to the police immediately on becoming aware of the theft and provided Avis with a copy of the police report, You will be liable to compensate Avis up to the amount of the Loss Damage Waiver option on Your Rental Document plus the Excess Amount, as described in clause 9.1. If you fail to report the Vehicle as stolen to the police immediately on becoming aware of the theft, You will be liable to compensate Avis to the full value of the Vehicle at the start of the Rental Period.
9 INSURANCE AND LOSS DAMAGE WAIVER
9.1 If You are liable to compensate Avis, we will waive that liability if:
(a) You accept and pay for the Loss Damage Waiver option on the Rental Document (or if it is included in Your rate); and
(b) You pay the Excess Amount for each separate event involving:
(1) damage (including hail damage) to, or loss of, the Vehicle; or
(2) damage to the property of any third party which is caused by You or an Authorised Driver.
9.2 In the event of an unintended collision between the Vehicle and any other object, including another vehicle, during the Rental Period that results in damage to the Vehicle or to the property of any third party, Avis waives Your liability under clause 8.3 and will ensure that You are entitled to be indemnified under the Avis Insurance Policy, and Avis will refund You any Excess Amount You paid Avis, provided that, acting reasonably, Avis agrees that You or an Authorised Driver were not at fault and:
(a) You or the Authorised Driver that was driving the Vehicle at the time of the event holds a current driver’s licence;
(b) You have provided Avis with any details of the incident that Avis reasonably requests, including having made reasonable attempts to obtain:
(1) the name, residential address, contact phone and licence number of any person involved;
(2) the registration numbers of all vehicles involved;
(3) an accurate description of the incident and location; and
(4) the names of any attending police officers and the stations at which they are based; and
(c) You have supplied or Avis has established the name of the insurer of any third party You believe was at fault.
10 PAYMENT FOR LOSS OR DAMAGE
10.1 If You are required to pay an excess under clause 9.1(b), You authorise Avis to debit Your Account with the Excess Amount at the time of loss of, or damage to, the Vehicle provided that if Avis subsequently comes to a reasonable belief that the insurer of a third party will pay Avis for the loss or damage, Avis will, within a reasonable period of time of forming that belief, refund You the Excess Amount You paid under this clause. 10.2 For the purposes of this clause
10.2, ‘Recovery Costs’ means, in relation to the loss, of, or damage to, the Vehicle;
(1) any appraisal fees actually and reasonably incurred;
(2) any towing, storage and recovery costs actually and reasonably incurred; and
(3) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
(b) If clause 8.3 or 9.1 applies, Avis will notify You of the Recovery Cost. You must pay to Avis, or You authorise Avis to debit Your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending Avis’ assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to Your right to a refund under clause 10.4.
(c) For the purposes of calculating any refund under clause 10.4, Avis will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
(d) If clause 8.3 applies, and if the total of the Recovery Costs and the costs and fees that You must pay under clause 8.3 is greater than the Excess Amount (with the difference being the ‘Gap Amount’), You must pay to Avis, or Avis may debit Your Account with, the Gap Amount.
10.3 Where You are required to pay Avis under clause 8, the amount You must pay for any loss, damage, repair, cost or fee: (a) may be reasonably determined by Avis; and (b) in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
10.4 If the amount determined by Avis and paid by You under clause 10.2 exceeds the final cost of the loss, damage or repair, Avis will refund the difference to You within a reasonable period of time.
10.5 Avis will provide details to You of the final cost of the loss, damage or repair on request by You and within a reasonable period of time. These details will include supporting documentation such as copies of the assessment, repair, towing and assessing invoices and photos of damage if Avis is required to provide these under the Code.
10.6 If You report the Vehicle as stolen to Avis and to the police in accordance with these terms, Avis will not debit Your Account for the Excess Amount until it reasonably believes that proper enquiries have been made with respect to the recovery of the Vehicle and Avis reasonably believes that the Vehicle will not be recovered.
11 GREENHOUSE INITIATIVE
11.1 If You make the optional contribution towards Avis’ greenhouse initiative (Initiative) then Avis will pay the full amount of Your contribution towards that Initiative and its administration. That means that Avis will use up (or have used up on its behalf) a quantity of offsets from projects approved under the National Carbon Offset Standard of the Australian Government which will offset at least some of the greenhouse gases generated by Your use of the Vehicle. For more information on the National Carbon Offset Standard, visit the Government’s website at:
12 CLAIMS AND PROCEEDINGS
12.1 Where the use of the Vehicle by You, or an Authorised Driver, or any other person results in an accident or claim (Incident), or where damage or loss is sustained to the Vehicle or the property of any third party, You must ensure that You or any Authorised Driver:
(a) promptly reports the Incident to the local police (if required by law);
(b) promptly reports the Incident in writing to Avis;
(c) not, without Avis’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident, except to the extent that You or the Authorised Driver are required to provide a statement to the Police;
(d) permits Avis or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name or in the name of the Authorised Driver in relation to the Incident;
(e) permits or ensures that Avis may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Avis in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Avis; and
(f) completes and furnishes to Avis within a reasonable time any statement, information or assistance which Avis or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
12.2 Avis will meet the reasonable out-of-pocket expenses of You or the Authorised Driver in complying with clause 12.1(e) or 12.1(f).
12.3 If You do not comply with clause 12.1(b), and Avis is unable to investigate the Incident in full due to this non-compliance, Avis will, if it is reasonable to do so, notify You of the amount of the Rental Charges and, if those charges are not disputed by You within 5 working days, then by these Terms and Conditions You authorise Avis to debit from Your Account all Rental Charges pending receipt of a report about the Incident made by You or the Authorised Driver (as the case may be).
13.1 At the end of the Rental Period, You authorise the debit of Your Account by Avis to pay:
(a) all Rental Charges;
(b) any amount paid or payable by Avis or You to any person arising out of Your use of the Vehicle or imposed on You or Avis by any government or other competent authority;
(c) the replacement cost (as reasonably determined by Avis) for a lost or stolen Accessory;
(d) the Card Surcharge payable for the method of payment You chose to use for Your Account; and
(e) any amount which You reasonably owe to Avis under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. Avis will provide to You clear information containing sufficient detail about any amount payable under this clause 13.1, including a clear justification with respect to the amounts charged and how these amounts have been calculated.
13.2 Each Rental Charge calculated and invoiced to You at the time of the return of the Vehicle is subject to subsequent verification by Avis. If Avis reasonably determines that a Rental Charge should be adjusted, Avis will provide details to You if Avis has Your contact details.
13.3 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
13.4 Distance charges (including the number of kilometres driven) are measured from the Vehicle’s odometer.
13.5 Avis will notify You of all amounts payable to Avis under clause 13.1. You may dispute these amounts by contacting Avis within 5 working days of the notification being sent under this clause. You authorise Avis to charge and debit from Your Account all undisputed amounts payable to Avis under the Rental Agreement.
13.6 If You pay Your Rental Charges by credit or debit card, You acknowledge that it may take up to 7-10 business days for Your financial institution to release any amount which has been authorised by that institution at the request of Avis under clause 13.5 which is in excess of Your Rental Charges.
13.7 Avis will pay, within 14 days, any refund due to You by such method as Avis may reasonably choose.
13.8 If You fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the amount, You must also pay Avis and You authorise Avis to debit from Your Account:
(a) interest at 10% per annum (compounded daily) on the amount from the expiry of 14 days from the date on which You were required to pay the amount to the date of payment; and
(b) on and as demanded, Avis’ Collection Costs including interest on Avis’ Collection Costs calculated in accordance with clause 13.8(a) from the date of demand.
Avis will notify You of all amounts payable to Avis under this clause 13.8. You may dispute these amounts by contacting Avis within 5 working days of the notification being sent under this clause. You authorise Avis to charge and debit from Your Account all undisputed amounts payable to Avis under this clause to Your Account.
14.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
14.2 You may terminate the Rental Agreement if Avis increases the Rental Charge specified in the Rental Document for a reason that is not due to an act or omission of You or the Authorised Driver.
14.3 Subject to clauses 6.2 to 6.6 (inclusive) and 13.3, You may terminate the Rental Agreement at any time by returning the Vehicle to Avis.
15 PROPERTY IN VEHICLE
15.1 Unless Avis or an Avis employee acting in the course of their employment is negligent, or fraudulent, Avis is not liable to any person for any loss of, or damage to any property:
(a) left in the Vehicle after its return to Avis; or
(b) stolen from the Vehicle or otherwise lost during the rental.
16 PERSONAL PROPERTY SECURITIES LAW
16.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) – financing statement, interested person, register, proceeds, security agreement and security interest.
16.2 You acknowledge that:
(a) by renting the Vehicle from Avis, You may be granting a security interest in the Vehicle (and any proceeds) to Avis, and that this Rental Agreement may constitute a security agreement;
(b) any security interest arising under this Rental Agreement attaches to the Vehicle when You obtain possession of the Vehicle and not at any other time; and
(c) Avis may perfect its security interest by lodging a financing statement on the PPSA register.
16.3 Avis does not need to give You any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
16.4 You must do anything reasonably required by Avis to enable Avis to register its security interest, with the priority it requires, and to maintain the registration.
17 DISPUTE RESOLUTION
17.1 Avis will use its best endeavours to respond to Your complaint within 15 business days of the date of receipt of the complaint, provided Avis has all necessary information and has been able to complete any investigation required.
17.2 If Avis cannot respond within 15 business days, it will let You know as soon as reasonably practicable (and within 15 days of receiving Your complaint) of the revised response date.
17.3 Your complaint will be reviewed by an Avis employee who:
(a) has appropriate experience, knowledge and authority, and
(b) is different from the person or persons whose decision is the subject of the complaint.
17.4 Avis’ response to the review of a customer’s complaint will be in writing and will include:
(a) the final decision in relation to the complaint;
(b) the reasons for that decision; and (c) the right to take the dispute to external dispute conciliation.
17.5 If You do not accept the resolution of Your complaint through our internal dispute resolution process, You may refer the matter to the Australian Car Rental Conciliation Service (ACRCS) facilitated by lodging a complaint online at www.carrentalconciliationau.com or by calling toll free 1800 366 840.
17.6 Avis will participate in ACRCS process in good faith, including by being represented by an employee or representative who has sufficient authority to negotiate and agree an outcome with You. Avis will comply with any directions made by the ACRCS for the conduct of the conciliation. Avis will seek to resolve the matter with You during the conciliation and will consider any recommended resolution.
AVIS AUSTRALIA PRIVACY NOTICE
We recognise the importance of protecting your personal information. This notice explains how the Avis (see ‘About Avis’ below) protects your privacy and summarises how it collects, uses and discloses personal information about you. This notice applies to personal information we hold about you in Australia only. Because the Avis operates a vehicle rental system in many countries, your personal information will also be held in and accessible by Avis Group staff located in other countries.
WHAT PERSONAL INFORMATION DOES AVIS AUSTRALIA COLLECT ABOUT ME AND HOW DOES IT COLLECT IT?
When you rent a vehicle from Avis Australia, we need to collect certain information from you. The service you use will determine what information we collect from you. That information may include your name, contact details, date of birth, driver’s licence number, payment details, referees, company name and employee number. We may collect information about you from you or through a travel agent, a corporate program, your representatives, one of our partner programs or a credit reporting body. We may also use electronic tools to monitor the location, usage and servicing of your vehicle, including your speed, time, fuel consumption, distances travelled and current and previous locations visited. We are required or authorised to collect some personal information under laws such as the following State/Territory vehicle registration laws: Road Transport (Driver Licensing) Act (ACT), Road Transport Act (NSW), Motor Vehicles Act (NT), Transport Operations (Road Use Management) Act (QLD), Motor Vehicles Act (SA), Vehicle and Traffic Act (TAS), Road Safety Act (VIC) and Road Traffic Act (WA). If we are unable to collect your personal information, this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would normally expect from us. Where you provide us with personal information about someone else you must have their consent to provide their personal information to us based on this notice.
HOW IS MY PERSONAL INFORMATION USED OR DISCLOSED BY AVIS AUSTRALIA?
We may use and disclose your personal information for the following purposes: General purposes We use your personal information to:
• provide the services that you request;
• do all things necessary to administer those services;
• research, develop, manage, protect and improve our services and vehicles;
• communicate with you regarding your vehicle, safety, arrangements with us and other matters;
• investigate, prevent and deal with fraud, unlawful activity and breaches of our agreement with you;
• conduct customer satisfaction surveys and inform you of improvements to our services; and
• maintain and develop our software and other business systems. Disclosure to third parties We may disclose your personal information to third parties around the world including:
• other members of the Avis Group;
• your company or organisation if you use our services under a corporate account;
• one of our program partners if you are a member of their frequent traveller program and you have asked us to send them details of your Rental Agreement with us;
• credit card providers; • credit reporting agencies (see ‘Payment default’ below) and fraud checking agencies; • debt collection agencies, if you default in payment of amounts owed to us;
• councils, government and private organisations responsible for the processing of traffic related infringements or the payment of road and traffic tolls;
• in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;
• driver licensing authorities; and
• government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.
Use or disclosure for direct marketing purposes
We may use and disclose your personal information to offer you products and services provided by the Avis Group. We may also use your personal information to offer you products and services provided by companies participating in Avis partner programs. We may continue to provide these offers to you by email, telephone, fax or any other form of communication until you opt out. You can opt out by indicating your preference on the Rental Document or by contacting us.
Disclosures outside of Australia
When you provide us with your personal information, we will enter your details into the centralised Avis Group databases which are located and maintained by the Avis Group and its technology service providers (at the date of this notice) in the United States. Depending on how you use our services, your personal information may be accessed by Avis Group personnel. Some of the countries that the Avis Group operates in have privacy laws with general application to the private sector; other countries, including the United States, may not. When you rent a vehicle from Avis Australia, you accept that:
(a) recipients of your personal information outside Australia may not always comply with Australian privacy laws or similar obligations;
(b) we will not be accountable for those recipients under the Privacy Act;
(c) you may not be able to seek redress under the Privacy Act; and
(d) the recipients may be subject to foreign laws which might compel further disclosures of personal information (e.g. to government authorities)
WHO CAN I CONTACT FOR FURTHER INFORMATION?
If you have any privacy questions or concerns, or wish to exercise your right to access or correct your personal information (subject to exceptions under privacy laws), you can contact our Privacy Officer as follows: By mail: PO Box 204 Mascot NSW 1460 By fax: 02 9353 9017 By telephone: 02 9353 9033
RMS E-Toll Facility Terms and Conditions Roads and Maritime Services (ABN 76 236 371 088 ) (RMS), through Avis as RMS’ agent, offers an E-Toll Facility to You on these RMS Terms and Conditions. By signing the Rental Document You accept, and agree to be bound by, these RMS Terms and Conditions.
1 Your E-Toll Facility
(a) Your E-Toll Facility is provided by RMS to You to enable You to pay Tolls and Fees relating to the E-Toll System in accordance with these RMS Terms and Conditions.
(b) In order to use Your E-Toll Facility, You or Your Authorised Driver must travel in an Electronic Tolling Lane.
(c) You remain responsible at all times for the acts and omissions of any Authorised Driver, any other person using the Vehicle or any Authorised Representative using or operating Your E-Toll Facility, including for any Tolls and Fees they incur.
(d) A Tag may be installed in the Vehicle as part of the E-Toll Facility. The Tag is the property of RMS. You must not use any other tag in the Vehicle or register for any other electronic or video tolling product in relation to the Vehicle. If You do use another tag or electronic or video tolling product, You will still be charged Tolls and Fees by RMS under these RMS Terms and Conditions and You may be charged other amounts by the provider of the other tag or electronic or video tolling product used.
2 Payments, fees and charges in connection with Your E-Toll Facility
(a) You must pay the following amounts to RMS in connection with the use of Your E-Toll Facility:
(1) all Tolls (it is Your responsibility to be aware of all Tolls payable in connection with the use of a toll road);
(2) the Service Fee for each calendar day on which the Vehicle incurs a Toll using Your E-Toll Facility;
(3) a Processing Fee in the circumstances described in clause 5(b);
(4) a Dishonour Fee in the circumstances described in clauses 3(c) and 3(f); and
(5) any other costs reasonably incurred by RMS in enforcing its rights under these RMS Terms and Conditions, including any fees or charges imposed by a third party on RMS where You have refused or failed to pay any amount under these RMS Terms and Conditions.
(b) You acknowledge that if You fail to pay any Tolls or Fees as required by these RMS Terms and Conditions, RMS may refer that failure to a Credit Reporting Agency.
3 Payment methods and authority Payment by Nominated Card
(a) If You are using a Nominated Card to pay for the rental of the Vehicle or have otherwise provided a Nominated Card for the payment of Tolls and Fees, You:
(1) promise to RMS that You are authorised to use the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; and
(2) authorise RMS to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from, RMS under these RMS Terms and Conditions.
(b) RMS will debit Tolls and Fees from the Nominated Card as soon as practicable after the relevant Tolls and Fees are incurred or, where applicable, notified to RMS by a toll road operator.
(1) there are insufficient funds available in the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; or
(2) a transaction on the Nominated Card is declined for any reason, save for:
(A) the negligence of, or wilful misconduct by, RMS or any of its officers, employees or agents; or
(B) an RMS systems error, You will be charged a Dishonour Fee by RMS and You (or, if relevant, the Nominated Card Holder) may be charged fees, charges and interest by Your financial institution or, if relevant, the financial institution of the Nominated Card Holder.
(d) You must ensure that You immediately provide RMS with details for an alternative Nominated Card, which can be used to meet Your obligations under these RMS Terms and Conditions, and an authority for RMS to debit the alternative Nominated Card, if:
(1) the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
(2) the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card. Payment by cash
(e) If You have paid, or will pay, cash to rent the Vehicle and You have not otherwise provided a Nominated Card for the payment of Tolls and Fees:
(1) RMS will issue You one or more invoices recording all Tolls and Fees incurred or, where applicable, notified to RMS by a toll road operator. The invoice will be posted to Your nominated postal address; and
(2) You must pay all Tolls and Fees in Australian currency by cheque or money order in accordance with the instructions in the relevant invoice.
(f) If You pay by cheque or money order and that cheque or money order is dishonoured by the issuer, You will be charged a Dishonour Fee by RMS and You may be charged fees, charges and interest by Your financial institution. Payment by Your RMS Charge Account Holder
(g) If You are using an Avis Australia Charge Account to pay for the rental of the Vehicle:
(1) You promise to RMS that You are authorised to incur Tolls and Fees and to have those Tolls and Fees debited to the RMS Charge Account; and
(2) RMS will issue Your RMS Charge Account Holder with a monthly invoice recording all Tolls and Fees incurred or, where applicable, notified to RMS by a toll road operator.
(h) You must immediately provide RMS with updated or alternate payment method details if the RMS Charge Account is cancelled or altered or if You are no longer authorised to incur Tolls and Fees on that RMS Charge Account.
4 Errors in charging Tolls and Fees
(a) If RMS incorrectly credits You with, or pays to You, an amount in connection with Your E-Toll Facility RMS may recover that amount from You provided that RMS has given You 10 days prior written notice of its intention to do so.
(b) RMS will pay, within a reasonable time, any refund due to You in connection with Your E-Toll Facility by such method as RMS may reasonably choose.
5 E-Toll Facility Transaction Summary
(a) You may view a Transaction Summary without charge at any time by logging on to www.myetoll.com.au/Avis.
(b) If You request that we provide a Transaction Summary to You, You will be charged the applicable Processing Fee for the method of delivery elected by You (if that method is stated to be available).
6 Lost, stolen or malfunctioning Tags (a) You must immediately inform Avis if either of the following occurs:
(1) the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way defective; or
(2) the Vehicle is lost or stolen.
(b) If You inform Avis that the Tag is malfunctioning or is in any way defective, Your E-Toll Facility will still enable You to use the E-Toll System and to pay Tolls and Fees in accordance with these RMS Terms and Conditions and You will continue to be liable for Tolls and Fees.
(c) If the Tag or the Vehicle is lost or stolen and You have immediately informed Avis, You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed Avis. 7 GST
(a) Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
(b) If GST is stated as not to be inclusive, You are liable for any GST payable.
(a) New South Wales laws govern these RMS Terms and Conditions.
(b) Unless agreed otherwise, if You, an Authorised Driver or Authorised Representative need to notify RMS of any matters or make a request in relation to Your E-Toll Facility, it must be made in writing by mail, email or facsimile. All notice details are contained on www.myetoll.com.au/Avis or You may call 13 18 65. Notification is effective only upon RMS’ receipt of written confirmation.
In these RMS Terms and Conditions, except where the context otherwise requires:
‘Authorised Driver’ has the same meaning given to that term in Your Rental Agreement.
‘Authorised Representative’ means an individual who is 18 years or older and who is authorised by You to use and access Your E-Toll Facility.
‘Avis’ means W.T.H. Pty Limited ABN 15 000 165 855 trading as ‘Avis Australia’ or, where applicable, an independent Avis Rent A Car System licensee.
‘Avis Australia Charge Account’ means the charge account established by Your RMS Charge Account Holder with Avis.
‘Credit Reporting Agency’ means a corporation that carries on a credit reporting business.
‘Dishonour Fee’ means:
(a) in relation to payment by a Nominated Card, a fee of $1.15;
(b) in relation to payment by cheque, a fee of $20.00; and
(c) in relation to payment by money order, a fee of $25.00.
‘Electronic Tolling Lane’ means a Tolling Lane which is designated as permitting the payment of Tolls by electronic means.
‘E-Toll Facility’ means the facility described in clause 1(a). 5 means the entire system relating to electronic tolling operated by RMS, any operator of a toll road or any Tag Issuer or Pass Issuer. ‘Fees’ means each of the fees and costs (and any taxes applicable to them) described in clauses 2(a)(ii) – 2(a)(v) inclusive of these RMS Terms and Conditions.
‘GST’ has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
‘Nominated Card’ means a valid credit card or debit card nominated by You as the source of payment for all Tolls and Fees.
‘Nominated Card Holder’ means a person other than You who holds a Nominated Card.
‘Pass Issuer’ means a toll road operator that uses the E-Toll System and issues, or an entity that does not operate a toll road but issues, passes or other electronic or video tolling products for the purpose of the E-Toll System.
‘Processing Fee’ means in relation to a Transaction Summary delivered: (a) by mail, a fee of $5.00; or (b) by email, a fee of $2.20.
‘Rental Agreement’ means the agreement entered into between You and Avis comprising the document titled
‘Avis Terms and Conditions of Rental’ and the Rental Document.
‘Rental Document’ means the document titled
‘Rental Document’ wh