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+61-7-5555-8900

REV 08/15

RENTAL AGREEMENT TERMS AND CONDITIONS

This is an Agreement between the prospective hirer identified on page 1 (you) and the company identification Page 1 (the Company) to rent the motor vehicle described on Page 1 including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).

1. VEHICLE RENTAL CONDITION, USE AND RETURN

The vehicle is delivered to you in good operating condition and with the seal of the odometer unbroken. You agree to return the vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on Page 1 and on the date there specified. The company make take possession of the vehicle without demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. If the seal of the odometer is broken the persons responsible will be reported to the appropriate authority and you are responsible for extra charges based on 500 kilometres per day at 50c per kilometre. If the company deems the vehicle has travelled into the Northern Territory, Western Australia or Tasmania, an amount equal to the commensurate rack rate for the total hire, but not limited to, will be payable to the company on return. Unlimited kilometre allowance/payment will be cancelled in the event of any Unauthorised or Prohibited use. An allowance calculated at 100 kilometres per day will apply, excess kilometres will be charged at 22c per kilometre. If you do not return the vehicle within 48 hours of the end of the rental period and have not contacted us requesting to extend the rental period or to clarify why the vehicle has not been returned then we reserve the right to report the vehicle stolen.

2. UNAUTHORISED AND PROHIBITED USE

Persons who must not drive the vehicle

(a) A person who is not identified on Page 1 or has not been identified in writing to the Company or approved by the Company in writing.
(b) A person who is not licensed for that class of vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage
(d) A person who has given of for whom you have given a false name, age, address or driver’s license details
(e) A person whose driver’s license has been cancelled, endorsed or suspended within the last three years
(f) A person who has held a driver’s license for less than 1 year

Circumstances in which and/or for which the vehicle must not be used:

(g) Outside the area of use limitations
(h) On unsealed roads or off road conditions unless authorised by us in writing
(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials
(j) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing
(k) To carry any greater load and/or more persons than is lawful, or use in a manner or for a purpose other than for which it was designed and constructed.
(l) For racing pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes
(m) In a dangerous or careless manner, driving without due care or attention, failure to comply with local traffic rules
(n) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

3. FINAL OBLIGATIONS

Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement.
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT ON PAGE 1 YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES.

(a) All rental charges specified on Page 1.
(b) All charges claimed from the Company in respect of parking or any other traffic 
violations incurred during the period of hire or until such later time as the vehicle is 
returned to the Company
(c) All loss or damage to the motor vehicle (including loss of use), Third Party Damages, 
legal expenses, assessment fees, towing and recovery, storage and company service charges where:

(i) damage or loss caused to the Vehicle or third party property as a result of you 
breaching any condition of the rental agreement;
(ii) damage or loss arising from theft, where the Vehicle is left unlocked or 
unsecure or you have not kept the keys secure;
(iii) damage or loss where the Vehicle is totally or partially immersed in water;
(iv) damage or loss to the interior of the Vehicle, which requires professional 
cleaning, deodorising or repair;
(v) (unless PRW is taken) damage or loss to the tyres, such as punctures, cuts, 
abrasions or to the windscreen such as chips, cracks or stars;
(vi) damage or loss caused by use on construction sites, mines and unsealed 
roads;
(vii) overhead damage being damage or loss sustained to the Vehicle or any other 
property caused by driving the Vehicle into or under any object of the same or greater height than the base of the Vehicle’s front windscreen, or damage caused by persons placing objects on the roof of the Vehicle;
(viii) (unless PRW is taken) damage or loss caused to the Vehicle through hail or storm;
(ix) damage or loss to the undercarriage of the Vehicle or to any other property arising from contact between the undercarriage and any object, obstruction or road surface regardless of cause;
(x) damage or loss to the Vehicle or third party property caused by you failing to secure properly any load or equipment;
(xi) damage or loss caused to the Vehicle or third party property by loading or unloading to or from the Vehicle;
(xii) damage or loss to the Vehicle deliberately caused by you or by you using the Vehicle in a dangerous or reckless manner;
(xiii) damage or loss to the Vehicle whilst being transported, ferried or towed without our authority, or whilst the Vehicle is taken off the mainland or across any waterway whatsoever or used in any unauthorised area; the cost of towing or salvage of the Vehicle in or from a remote or sparsely populated area;
(xiv) damage or loss caused to the Vehicle through the use of snowchains or roof racks;
(xv) costs or expenses incurred including legal costs (on a full indemnity basis) 
and interest as a result of your failure to deliver immediately every summons, 
complaint, demand or notice in relation to any loss or damage;
(xvi) damage or loss of any personal property owned by you (or any relative, associate, 
passenger or any person known to you) or any third party, including personal property left in the Vehicle, or any property received, handled or stored by us
(xvii) your death or personal injury or the death or personal injury of any other 
person except to the extent that it is caused by our negligence;
(xviii) damage or loss to the GPS;
(xix) any damage or loss suffered by us as a direct or indirect result of you providing 
false information, or engaging in any fraudulent activity, in respect of your
hire of the Vehicle or your dealings with any law enforcement officer or other authority during the hire period, and we reserve the right to recover an amount from you in respect of such losses.

(d) An Administration fee of 9.95% is applicable to all charges relating to this agreement. Administration fees on damage liability will be calculated at 9.95% of the chosen liability as appears on the front of this agreement. These Administration fees are not refundable.
(e) If the Rental Contract has not been extended by the Company and the vehicle is returned to the Company more than 24 hours after the time set for its return in the Rental Agreement:

(i) the rates shown in the Rental Agreement will not apply and you MUST pay the 
standard rate for the vehicle for the whole Rental Period; and
(ii) there is no Damage Cover so the you are liable for Damage and Third Party Loss 
and any reposession charges that the Company incurs in this default period.


(f) A Processing Fee of $110 (plus any future SPER fees/charges) will apply to process 
parking/traffic infringements and speeding fines. Returned reservations which are required to be reopened will incur a processing fee. NO REFUNDS or CREDIT given for any amendment to this Agreement.

Special Note: If you have paid by use of a credit card or directed the Company to bill charges to some other person, corporation, form or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the Company on demand

4. DAMAGE COVER

If you act within the terms and conditions of this agreement the Company will grant damage cover (including legal costs incurred with our consent) for your benefit in respect of damages to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control. This cover is subject to

(a) Your payment of the damage/loss liability charge stated on Page 1
(b) Your not having acted or having caused any other person to have acted in any 
manner which is in contravention of this agreement including the special conditions 
on Page 1.
(c) Your not being covered under any policy of insurance.
(d) Your providing such information and assistance as may be requested and, if necessary, 
authorising the Company insurer to bring, defend or settle legal proceedings, but the Company shall have the sole conduct of the proceedings.

5. ROADSIDE ASSISTANCE, BREAKDOWN, ACCIDENT & REPAIR

(a) Free Roadside assistance is provided for inherent machanical faults in the vehicle but fees and charges apply for all other faults or driver induced errors. Generally, these fees and charges range from $45 plus GST to $600 plus GST and apply to faults and driver induced errors such as:

(i) a flat battery;
(ii) lost keys, a keyless start or remote control device;
(iii) unlocking the vehicle when the key, keyless start or remote control device have 
been locked in it; and
(iv) changing a wheel as the result of a flat tyre.

6. THE SECURITY DEPOSIT SHALL BE HELD BY THE COMPANY AT ITS SOLE WILL AND DISCRETION AND SHALL BE DEBITED THE COST OF:

(a) Cleaning the vehicle if returned in a dirty and untidy condition
(b) Subject to all the other terms, provisions and conditions of this agreement amounts 
may be deducted to comply with such terms
(c) Return the motor vehicle late of the due return time
(d) If the vehicle is returned damaged.

7. GENERAL PROVISIONS

(a) You will promptly report any accident or loss involving the vehicle while rented under this agreement to the Company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting an accident to police or other proper authorities. The company reserves the right 
to exchange vehicles or terminate the rental if the vehicle has been involved in an 
accident or damaged, regardless of fault or circumstance.
(b) You release and hold harmless the Company (and its agents and employees) from all 
claims for loss or damages to their personal property, or that of any other person left
in the vehicle, which is received handled or stored by the Company at any time before, during or after this renal period, whether due to the Company’s negligence or otherwise.
(c) Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever.
(d) No right of the Company under this agreement may be waived except in writing by an 
officer of the Company.
(e) Words used in this agreement to denote any gender shall include all genders, singular 
words include plural, and noted on Page 1.
(f) The Company have the right to terminate this agreement without notice if it is 
considered by the company that the rental vehicle is being kept in a manner that causes an unacceptable risk to either the vehicle or any other party.

8. FUEL

The vehicle must be returned with the amount of fuel equal to that at the time of rental. If the vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on Page 1.

ROADS AND MARITIME SERVICES TERMS AND CONDITIONS

Roads and Maritime Services (ABN 76 236 371 088) (RMS), through Rental Co as RMS agent, offers and E-Toll Facility to You on these RMS Terms and Conditions which comprise:

(a) The RMS E-Toll Facility Terms and Conditions: and
(b) The RMS Privacy Consent and Agreement

I have read, understood and agree to be bound by these RMS Terms and Conditions, Including the obligation to pay RMS a Service Fee of $3.30 for each calendar day on which the Vehicle incurs a Toll.

RMS E-TOLL FACILITY 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 Your 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:

(i)  All Tolls (it is Your responsibility to be aware of all Tolls payable in connection with the use of a roll road):
(ii) The Service Fee for each calendar day on which the Vehicle incurs a Toll using Your E-Toll Facility (part of which is paid by RMS to Rental Co);
(iii) A Processing Fee in the circumstances described in clause 5(b)
(iv) A Dishonour Fee in the circumstances described in clause 3(c) ; and
(v) 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

(a) You

(i)  Promise to RMS that You are authorised to use the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; and
(ii) 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 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.

(c) If:

(i)  There are insufficient funds available in the Nominated Card to meet your 
payment obligations under these RMS Terms and Conditions; or
(ii) 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:

(i) The existing Nominated Card is cancelled, suspended or is otherwise not useable; or
(ii) The existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.

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
(b) If You request that RMS provides 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 Rental Co if either of the following occur;

(i) The Tag is lost or stolen or You become aware that the Tag malfunctions or is 
in any way defective; or
(ii) The vehicle is lost or stolen.

(b) If you inform Rental Co 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 Rental Co. You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed Rental Co.

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.

8. General

(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 or you may call 131 865. Notification is effective only upon RMS receipt of written confirmations.

9. Definitions.

In these RMS Terms and Conditions, except where the context otherwise requires:

“Authorised Driver” means each “Hirer”, “Customer”, “Driver” or “Additional Driver(s)” specified 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.

“Credit Reporting Agency” means a corporation that carries on a credit reporting business. “Dishonour Fee” means a fee of $1.15.

“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).

“E-Toll System” 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 Master Card or Visa branded 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 Rental Co comprising the document titled

“Rental Agreement’ and any other document given to You by Rental Co at Vehicle pick-up.

“Rental Co” means Rental Car Holdings Pty Ltd trading as East Coast Car Rentals (ABN 33 129 240 268)

“RMS Terms and Conditions” means these Roads and Maritime Services Terms and Conditions which comprise the “RMS E-Toll Facility Terms and Conditions” and the “RMS Privacy Consent and Agreement”.

“Service Fee” means a fee of $3.30.

“Tag” means the RMS device installed in the Vehicle to enable the payment of Tolls by electronic means.

“Tag Issuer” means a toll road operator who uses the E-toll System and issues tags, or an entity that does not operate a toll road but issues tags for the purpose of the E-Toll System.

“Toll” means all toll charges or other fees and charges imposed by the operator of a toll road for, or taxes payable in respect of each Trip taken by the Vehicle during the period in which You have hired the Vehicle.

“Tolling Lane” means a lane on a roll road at a toll collection point.

“Tolls and Fees” means all Tolls and Fees and any other payments, amounts or charges referred to in these RMS Terms and Conditions.

“Transaction Summary” means a summary of the transactions (including the Tolls and Fees incurred) on Your E-Toll Facility.

“Trip” means the driving of a Vehicle past a toll collection point.

“Vehicle” has the same meaning given to that term in Your Rental Agreement.

“You” and ”Your” refers to the person(s) who have agreed to be bound to these RMS Terms and Conditions and with whom the Rental Agreement is made.

10. Interpretation

(a)  Headings are for convenience only and do not affect interpretation. Any use of the singular includes the plural and the converse applies. A gender includes all genders.
(b)  Any reference to dollars and $ is to Australian currency
(c)  The word includes in any form is not a word of limitation.
(d)  A reference to a person includes any type of entity or body of persons, whether or 
not it is incorporated or has a separate legal identity.

RMS PRIVACY CONSENT AND AGREEMENT

RMS is required to comply with Privacy Laws and other road transport, driver licensing and vehicle registration legislation when dealing with any Person Information, including E-Toll information.

This RMS Privacy Consent and Agreement contains consents and promises from You in relation to E-toll information collected from You and from third parties to enable RMS and others to collect, use and disclose it for Permitted Purposes. You are not required by law to provide E-Toll information to RMS, but if You do not, RMS will not be able to provide the E-Toll Facility to you. Your Personal Information will be held by RMS at Level 3, Octagon Building, 99 Phillip Street, Parramatta, or at any new or additional address or addresses disclosed in RMS privacy policy from time to time.

RMS privacy policy, which explains RMS’ privacy practices including how to make an application to access or correct information about You or a compliant and RMS’ complaints handling processes, is available at http:/rms.nsw.gov.au/qipa/privacy/index.html or (02) 8588 4981.

Consents given by You

1. In exchange for RMS providing the E-Toll Facility, You consent to and authorise:

a) Collection of E-Toll information any Authorised Information Recipient from any person (including from Rental Co and from video and/or camera surveillance of toll roads conducted by RMS or third parties for traffic management or toll violation enforcement purposes):
(b) Use and disclosure of E-Toll information by and to Authorised Information Recipients for the Permitted Purposes:
(c) Disclosure of E-toll information in online accounts accessible to any person with access to Your Agreement Number and surname; and
(d) Disclosure of E-toll information to persons outside Australia for the Permitted Purposes on the basis that RMS is not required to ensure that any overseas recipient complies with the Privacy Laws.

Promises made by You

2. You promise that:

(a) Prior to disclosing any information to RMS or Rental Co about an Individual, You
have obtained their consent to the matters in clause 1 of this RMS Privacy Consent
and Agreement: and
(b) All information You provide to RMS about You or any individual is or will be accurate,
complete and up-to-date and will not be false or misleading.

Definitions

“Agreement Number” means a unique agreement number provided to You by Rental Co or by RMS in connection with the Rental Agreement.

“Associated Contractors” means RMS suppliers, agents, distributors and contractors in relation to any Permitted Purposes.

“Authorised Information Recipient” means RMS, Rental Co and each Authorised Driver, Authorised Representative and Intended Recipient.

“Clearing House” means any person who operates a clearing house for operators of toll roads, or Tag Issuers or Pass Issuers or any combination of these.

“E-toll Information” means any information relating to You or Your E-Toll Facility, Vehicle,
the location of a Tag or Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at toll roads. E-toll Information may include Personal Information about:
(a)  You; or
(b)  Any individual
Including a name, address, phone number, email address, drivers licence number, date of birth, Vehicle hire and usage information, billing or financial information. Rental Agreement. Nominated Card and other Personal information contained in video and/or camera surveillance of toll roads for traffic management or toll violation enforcement purposes conducted by RMS or obtained by RMS for third parties.


“Individual” means any individual, including any Authorised Driver, Authorised Representative, and Nominated Card Holder.

“Intended Recipients” means the following parties both within and outside NSW (i) Credit Reporting Agencies; (ii) Associated Contractors: (iii) Tag Issuers; (iv) Pass Issuers; (v)
any bank, financial institution or Clearing House; (vi) RMS’ professional advisers including legal advisers, accounting advisers and other professional advisers; (vii) driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents; (viii) owners and other operators of toll roads; and (ix) persons providing services to any of the entities set out in (i) to (viii)

“Permitted Purposes” means any one or more of:
(a)  Facilitating the use of and carrying out functions and activities relating to: (i) tolls 
and their enforcement; (ii) the E-Toll System; (iii) any cashback system; (iv)
Your E-Toll Facility and Tags; (v) verification of Your Rental Agreement (including verifying the details of a Nominated Card Holder); (vi) obtaining feedback about the E-toll System and Your E-toll Facility; and (vii) analysing information relating to traffic conditions, travel times and road usage and disclosing aggregate information (including to the public);
(b)  Auditing of the E-Toll System;
(c)  Law enforcement;
(d)  The enforcement of a law imposing pecuniary penalty;
(e)  The protection of the public revenue;
(f)  Road safety;
(g)  Release of information to solicitors acting as agents for their clients in relation to 
motor vehicle accidents where RMS is compelled to do so by a court order;
(h)  Obtaining advice and professional services on a confidential basis
(i)  Market research and statistical analysis;
(j)  Other purposes related to incidental to the purposes listed above; and
(k)  Such other purposes as are permitted by Privacy Laws,
In each case both within and outside NSW.

“Personal Information” means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is reasonably identifiable from the Information or opinion and any other information subject to the Privacy Laws.

“Privacy Laws” means the privacy laws which apply to RMS from time to time, including the Privacy and Personal Information Protection Act 1996 (NSW) for so long as it applies to RMS and any other current or future legislation, mandatory codes and policies relating to the handling of Personal Information which apply to RMS.

Other capitalised terms in this RMS Privacy Consent and Agreement have the meaning given in the RMS E-Toll Facility Terms and Conditions.

Clause 10 of the RMS E- Toll Facility Terms and Conditions applies to the interpretation of this RMS Privacy Consent and Agreement.