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‘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 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; ‘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; ‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made; and ‘Your Account’ means the credit card or Avis charge account to which Your Rental Charges are to be debited.

DRIVER

    • 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.

    • 2.2

      You are responsible for the acts and omissions of an Authorised Driver or any other person You allow 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 allow an unauthorised driver to drive the Vehicle.

WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE

    • 3.1

      You and any Authorised Driver must only use the Vehicle 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).

    • 3.2

      You and any Authorised Driver must not, unless authorised in writing by Avis, drive or take the Vehicle:

      • (a)

        to Kangaroo Island, Bruny Island, Fraser Island, Magnetic Island, Groote Eylandt, Gove Peninsula or the Tiwi Islands;

      • (b)

        into or out of the Northern Territory, Western Australia or Tasmania;

      • (c)

        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;

      • (d)

        above the snow line in Tasmania, New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September;

      • (e)

        on beaches or through streams, dams, rivers or flood waters;

      • (f)

        in Western Australia, to any parts North of Carnarvon.

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;

      • (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)

        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, 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;

    • (j)

      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

    • (k)

      not use the Vehicle in contravention of any law.

      • 4.2

        You must pay for any unauthorised repairs to the Vehicle and for all parking, speeding and traffic infringements and tolls in respect of the Vehicle during the Rental Period.

MAINTENANCE, SECURITY AND SAFETY

    • 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;

      • (b)

        fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications;

      • (c)

        keep the Vehicle locked and the keys under Your or the Authorised Driver’s personal control at all times; and

      • (d)

        comply with all applicable seat belt and child restraint laws.

    • 5.2

      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 to assist Avis. Avis will reimburse You for any repairs to the Vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that Avis cannot verify the cost of repairs, Avis will not reimburse You.

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; 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. 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.

    • 6.3

      You must return the Vehicle to an Avis location during normal business hours. If You return the Vehicle later than the time shown on the Rental Document, You must pay all additional Rental Charges.

    • 6.4

      If:

      • (a)

        You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or

      • (b)

        You do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document, the rates shown on the Rental Document will not apply and You must pay the Avis standard rate for the Vehicle for the Rental Period.

    • 6.5

      Avis may request the immediate return of the Vehicle, or Avis may re- take the Vehicle without notice, if Avis reasonably suspects that:

      • (a)

        the Vehicle may be used for an unlawful purpose;

      • (b)

        damage to the Vehicle, or injury to persons or property is likely to occur; or

      • (c)

        the Vehicle will be involved in an industrial dispute.

    • 6.6

      Avis may re-take the Vehicle after written notice to You if:

      • (a)

        You do not return the Vehicle on the date and by the time shown on the Rental Document and You have not informed Avis of a new return date and time; or

      • (b)

        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 Your Vehicle.

    • 6.7

      You must pay Avis all Rental Charges for the period up to the return/ re-taking of the Vehicle as well as any additional costs Avis incurs in re-taking the Vehicle.

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