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    • 11.6

      Avis will pay, within a reasonable time, any refund due to You by such method as Avis may reasonably choose.

    • 11.7

      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:

      • (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

        • 11.7

          (a) from the date of demand.

TERMINATION

    • 12.1

      Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.

    • 12.2

      Subject to clauses 6.2, 6.3, 6.4 and 11.3, You may terminate the Rental Agreement at any time by returning the Vehicle to Avis.

PROPERTY IN VEHICLE

  • 13.

    Unless Avis or an Avis employee acting in the course of their employment is negligent, 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. AVIS AUSTRALIA PRIVACY NOTICE

We at Avis Australia recognise the importance of protecting your personal information. This notice explains how the Avis Group (see ‘About Avis’ below) protects your privacy and summarises how it collects, uses and discloses personal information about you. For our full Privacy Policy please see www.avis.com.au or contact us to request a copy. This notice applies to personal information we hold about you in Australia only. Because the Avis Group 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.

ABOUT AVIS ‘Avis Australia’ is the trading name of W.T.H. Pty Limited ABN 15 000 165 855 (WTH) which is a subsidiary of Avis Rent A Car System, LLC., located in the United States. These companies are part of the Avis Group. Through these companies, and their subsidiaries and licensees, the Avis Group manage thousands of Avis car rental locations around the globe. For this Notice, Avis Australia, we, us or our means WTH and its Avis licensees; Avis Group means all Avis companies and licensees world wide.

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, one of our partner programs or through a credit reporting agency. You can choose not to provide some of your personal details but 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.

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;

  • 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;

  • our contracted service providers (including our market research company and our mail house);

  • 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;

  • 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 Your Enrolment Profile or by contacting us. Payment default If you default in the payment of any rental fees or charges to us, we may give information about you to a credit reporting agency for some or all of the following reasons: to obtain a credit report about you; to allow the credit reporting agency to create or maintain a credit information file about you; and to list your default and the debt on that credit information file. The information is limited to the types of information that may be disclosed under the Privacy Act 1988 (Cth) and may include limited identity particulars; the fact that you owe us money; payment defaults over 60 days for which debt collection action has started; confirmation if those disclosed payment defaults are rectified; our opinion if we consider that you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your contractual obligations). 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 we are not required to ensure that recipients of your personal information outside Australia comply with Australian privacy laws.

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: By fax:

Level 2, 15 Bourke Road, Mascot NSW 2020 02 9353 9017

By telephone: 02 9353 9033

By e-mail:

customer.service@avis.com.au

If you are not satisfied with the way in which we handle your enquiry, you can call the Office of the Australian Information Commissioner on 1300 363 992.

Last updated 14 March 2011.

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