TERMS AND CONDITIONS
Australia Effective 14 March 2011
The following documents are set out below:
the Avis Terms and Conditions of Rental (Rental Agreement);
the Avis Privacy Notice (Avis Privacy Notice);
the RTA E-Toll Facility Terms and Conditions for the Avis Preferred Service (RTA Terms and Conditions);
the RTA Privacy Consent and Agreement for the Avis Preferred Service (RTA Privacy Consent); and
the Chartis Personal Accident and Personal Effects Insurance combined Product Disclosure Statement and Policy (Chartis Policy).
(together, the Australian Terms and Conditions).
Your participation in the Avis Preferred Service Program (Program) Your participation in the Program is on the following basis:
The Australian Terms and Conditions apply only to Your rental of a Vehicle in Australia.
W.T.H. Pty Limited ABN 15 000 165 855 trading as ‘Avis Australia’ (Avis Australia) may change the Rental Agreement, the Avis Privacy Notice and the Chartis Policy from time to time.
The Roads and Traffic Authority of New South Wales ABN 64 480 155 255 (RTA) may change the RTA Terms and Conditions and the RTA Privacy Consent (together, the RTA Customer Agreement) from time to time.
The Australian Terms and Conditions which govern:
a rental of a Vehicle by You from Avis (as defined in the Rental Agreement) (Avis); and
Your use of the RTA E-Toll Facility (as defined in the RTA Customer Agreement) during the rental, will be those applicable at the time of Your rental as posted on the Avis Australia website (www.avis.com.au).
You can request Avis Australia (during Sydney business hours) to send you a copy of the Australian Terms and Conditions free of charge.
Your Rental Agreement and Your RTA Customer Agreement in respect of a Vehicle rented from Avis are made on the date that You rent the Vehicle from Avis.
Each time you rent a Vehicle from Avis:
You agree to be bound by the Australian Terms and Conditions;
You accept those services known as ‘Loss Damage Waiver’, ‘Excess Reduction’ and the ‘Protection Package’ as indicated on Your Enrolment Profile sent to Avis from time to time (Enrolment Profile);
You accept the ‘Rental Options’ as indicated on Your Enrolment Profile; and
You consent to Avis and the RTA disclosing your information to entities located outside Australia for the purposes set out in the Avis Privacy Notice and the RTA Privacy Consent respectively, on the basis that neither Avis nor RTA is required to ensure that any overseas recipient complies with Australian privacy laws.
You may change your Enrolment Profile at any time by giving Avis Australia 14 days’ written notice or via your online profile at www.avis.com.au.
For each rental, You must make Your reservation at least 24 hours before Your chosen time of rental, and inform the reservation agent that the reservation is for an Avis Preferred Service rental.
Avis Australia may change the locations from where the Program is available from time to time and without notice to You. You may find out which Avis locations participate in the Program by asking when You reserve a Vehicle.
You must follow standard Avis rental procedures at locations not participating in the Program at the time of rental.
Avis may terminate Your participation in the Program at any time if You or an Authorised Driver commits a material breach of the Australian Terms and Conditions.
OUR COMMITMENT TO YOU The Avis group is a leading car rental company in Australia and New Zealand and the winner of major Quality and Customer Service Awards, servicing both the leisure and business traveller. We are committed to providing quality service and value for money. In particular:
we provide only current model vehicles;
our vehicles are serviced and maintained in accordance with manufacturers’ recommendations;
You consider that Your Vehicle has become in any way defective; or
You have any other problem in relation to the service Avis provides, please contact us immediately on our toll free customer hotline 1800 252 321 and we will endeavour to provide a solution at no cost to You;
we respect Your Consumer Rights (see below); and
we welcome 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).
CONSUMER RIGHTS STATEMENT ‘Your Consumer Rights’ means Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law, which cannot be excluded, restricted or modified by this Rental Agreement. Your Consumer Rights include the right to receive services from Avis which are rendered with due care and skill. 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 TERMS AND CONDITIONS OF RENTAL
INTERPRETING YOUR RENTAL AGREEMENT 1. In these Terms and Conditions: ‘Accessory’ means any equipment attached to the Vehicle, including (as applicable) any global positioning system receiver or similar device or any child restraint, booster or similar equipment; ‘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; ‘Authorised Driver’ means:
an additional driver who signs an Additional Drivers Form;
Your spouse; or
Your employer or a fellow employee, if either is engaged in activities
that are incidental to Your business duties; ‘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; ‘Collection Costs’ means Avis’ reasonable costs of collecting unpaid Rental Charges from You (including Avis’ legal costs) and Avis’ administration fee of $75 and its debt collection agent’s fee equal to 10% of the unpaid Rental Charges; ‘Enrolment Profile’ means Your current enrolment profile for renting Vehicles under the Avis Preferred Service as notified in writing to Avis from time to time; ‘Excess Amount’ means the amount shown as ‘Excess’ on the Rental Document; ‘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 to the Vehicle or property of any third party caused by the Vehicle coming into contact with anything above the top of the door seal and the top of the front and back windscreens; ‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document or payable under the Rental Agreement; ‘Rental Document’ means the document issued by Avis to You when a Vehicle is rented to You and which sets out Your details, the Vehicle’s details and some of the fees, costs, amounts and charges payable under the 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;