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RTA E-TOLL FACILITY TERMS AND CONDITIONS

FOR THE AVIS PREFERRED SERVICE The Roads and Traffic Authority of New South Wales (ABN 64 480 155 255) (RTA), through Avis as RTA’s agent, offers an E-Toll Facility to You on these RTA Terms and Conditions. At the time of rental of Your Vehicle from Avis, You accept, and agree to be bound by, these RTA Terms and Conditions.

  • 1.

    Your E-Toll Facility

    • (a)

      Your E-Toll Facility is provided by the RTA to You to enable You to pay Tolls and Fees relating to the E-Toll System in accordance with these RTA 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 the RTA.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 the RTA under these RTA 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 the RTA 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 toll road);

      • (ii)

        the Service Fee for each calendar day on which the Vehicle incurs a Toll using Your E-Toll Facility;

      • (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 the RTA in enforcing its rights under these RTA Terms and Conditions, including any fees or charges imposed by a third party on the RTA where You have refused or failed to pay any amount under these RTA Terms and Conditions.

    • (b)

      You acknowledge that if You fail to pay any Tolls or Fees as required by these RTA Terms and Conditions, the RTA may refer that failure to a Credit Reporting Agency.

    • (c)

      You acknowledge that part of the Service Fee is paid to Avis.

  • 3.

    Payment methods and authority Payment by Nominated Card

    • (a)

      If You are using a Nominated Card to pay for the rental of the Vehicle or have otherwise provided a Nominated Card for the payment of Tolls and Fees, You:

      • (i)

        promise to the RTA that You are authorised to use the Nominated Card to meet Your payment obligations under these RTA Terms and Conditions; and

      • (ii)

        authorise the RTA to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from, the RTA under these RTA Terms and Conditions.

    • (b)

      RTA 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 the RTA by a toll road operator.

    • (c)

      If:

      • (i)

        there are insufficient funds available in the Nominated Card to meet Your payment obligations under these RTA 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, the RTA or any of its officers, employees or agents; or

        • (B)

          an RTA systems error,

You will be charged a Dishonour Fee by the RTA 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 the RTA with details for an alternative Nominated Card, which can be used to meet Your obligations under these RTA Terms and Conditions, and an authority for the RTA 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.

Payment by Your RTA Charge Account Holder

    • (e)

      If You are using an Avis Australia Charge Account to pay for the rental of the Vehicle:

      • (i)

        You promise to the RTA that You are authorised to incur Tolls and Fees and to have those Tolls and Fees debited to the RTA Charge Account; and

      • (ii)

        the RTA will issue Your RTA Charge Account Holder with a monthly invoice recording all Tolls and Fees incurred or, where applicable, notified to the RTA by a toll road operator.

    • (f)

      You must immediately provide the RTA with updated or alternate payment method details if the RTA Charge Account is cancelled or altered or if You are no longer authorised to incur Tolls and Fees on that RTA Charge Account.

  • 4.

    Errors in charging Tolls and Fees

    • (a)

      If the RTA incorrectly credits You with, or pays to You, an amount in connection with Your E-Toll Facility the RTA may recover that amount from You provided that the RTA has given You 10 days prior written notice of its intention to do so.

    • (b)

      The RTA will pay, within a reasonable time, any refund due to You in connection with Your E-Toll Facility by such method as RTA 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.rta.nsw.gov.au/rentalcars.

    • (b)

      If You request that we provide 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 Avis 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 Avis 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 RTA 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 Avis, You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed Avis.

  • 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 RTA Terms and Conditions.

    • (b)

      Unless agreed otherwise, if You, an Authorised Driver or Authorised Representative need to notify the RTA 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.rta.nsw.gov.au/rentalcars or You may call 131 865. Notification is effective only upon the RTA’s receipt of written confirmation.

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