You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
If You do not select the ‘Prepaid Fuel Option’ (where available), and You return the Vehicle with less fuel than it had when You rented it, You must pay the Fuel Service amount per litre as set out on the Rental Document.
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.
LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
Subject to this clause 8, You are liable:
for the loss of, and all damage to, the Vehicle; and
for all damage to the property of any person:
which is caused or contributed to by You or any person You allow to drive the Vehicle; or
which arises from the use of the Vehicle by You or any person You allow to drive the Vehicle.
This clause 8 does not apply to any damage or loss for which Avis is liable to You under this Rental Agreement. Remember that references to the ‘Vehicle’ include all of its parts, components, Accessories and contents (see the definitions of ‘Vehicle’ and ‘Accessory’ in clause 1).
Subject to clauses 8.3 and 8.4, Avis waives Your liability under clause
for damage to, or loss of, the Vehicle and will ensure that You and any Authorised Driver are entitled to be indemnified under the Avis Insurance Policy, if:
You accept and pay for the Loss Damage Waiver option on the Rental Document (or if it is included in Your rate); and
You pay the Excess Amount for each separate event involving:
damage (including hail damage) to, or loss of, the Vehicle; or
damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver.
Additional amounts payable: In addition to Clause 8.2, You must always pay to Avis the following costs and fees:
the cost of repairing any:
Overhead Damage or Underbody Damage;
water damage to the Vehicle;
damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1 or 5;
damage to a tyre or an Accessory not attributable to normal wear and tear;
damage to the Vehicle or to the property of any third party caused deliberately or recklessly by You, any other driver of the Vehicle or any passenger carried during the Rental Period;
the cost of replacing, if lost or stolen, an Accessory; and
(c) if You have breached the Rental Agreement, a per day loss of revenue fee based on the estimated downtime of the Vehicle.
For the purposes of this clause 8.4, ‘Recovery Costs’ means, in relation to the loss of, or damage to, the Vehicle:
any appraisal fees;
any towing, storage and recovery costs; and
an administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
If clause 8.2 or 8.3 applies, You must pay to Avis, or Avis may 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 8.5(b).
For the purposes of calculating any refund under clause 8.4(b), Avis will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
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.
Where You are required to pay Avis under this clause 8, the amount You must pay for any loss, damage, repair, cost or fee:
may be reasonably determined by Avis; and
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.
If the amount determined by Avis and paid by You under this clause
exceeds the final cost of the loss, damage or repair, Avis will refund the difference to You.
Avis will provide details to You of the final cost of the loss, damage or repair on request by You.
GREENHOUSE INITIATIVE 9. If You make the optional contribution towards the Avis Greenhouse 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 carbon credits from projects approved under the Greenhouse Friendly™ Initiative 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 Greenhouse Friendly™ Initiative, visit its website at www.climatechange.gov.au/greenhousefriendly.
CLAIMS AND PROCEEDINGS
Where the use of the Vehicle by You, 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:
promptly reports the Incident to the local police (if required by law);
promptly reports the Incident in writing to Avis;
does 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;
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 in relation to the Incident;
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
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.
Avis will meet Your reasonable out-of-pocket expenses in complying with clause 10.1(e) or 10.1(f).
If you do not comply with clause 10.1(b), and Avis is unable to investigate the Incident, Avis will debit all Rental Charges to Your Account pending receipt of Your report about the Incident.
At the end of the Rental Period, You must pay Avis:
all Rental Charges;
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; and
any amount for which You are liable to Avis under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. Avis will provide details to You of any amount payable under this clause 11.1(c).
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 a Rental Charge is to be adjusted, Avis will provide details to You if Avis has Your contact details.
The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to clause 6.4); plus
the amount payable for the number of kilometres driven during the Rental Period.
Distance charges are measured from the Vehicle’s odometer.
You authorise Avis to charge all amounts payable to Avis under the Rental Agreement to Your Account.