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9. Amendment The RTA may vary these RTA Terms and Conditions from time to time. The terms and conditions governing Your E-Toll Facility during Your rental of a Vehicle will be the RTA Terms and Conditions applicable at the time of Your rental as posted on the Avis website (www.avis.com. au) at that time. You can access a copy of the RTA Terms and Conditions at any time from the Avis website or you can request (during (Sydney) business hours) the RTA to send you a copy of this document free of charge (telephone 131 865).

10. Definitions In these RTA Terms and Conditions, except where the context otherwise requires: “Authorised Driver” has the same meaning given to that term in Your Rental Agreement. “Authorised Representative” means an individual who is 18 years or older and who is authorised by You to use and access Your E-Toll Facility. “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. “Avis Australia Charge Account” means the charge account established by Your RTA Charge Account Holder with Avis. “Credit Reporting Agency” means a corporation that carries on a credit reporting business. “Dishonour Fee” means:

  • (a)

    in relation to payment by a Nominated Card, a fee of $1.15;

  • (b)

    in relation to payment by cheque, a fee of $20.00; and

  • (c)

    in relation to payment by money order, a fee of $25.00.

“Electronic Tolling Lane” means a Tolling Lane which is designated as permitting the payment of Tolls by electronic means. “E-Toll Facility” means the facility described in clause 1(a). “E-Toll System” means the entire system relating to electronic tolling operated by the RTA, any operator of a toll road or any Tag Issuer or Pass Issuer. “Fees” means each of the fees and costs (and any taxes applicable to them) described in clauses 2(a)(ii) - 2(a)(v) inclusive of these RTA Terms and Conditions. “GST” has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth). “Nominated Card” means the valid credit card nominated by You as the source of payment for all Tolls and Fees. “Nominated Card Holder” means a person other than You who holds a Nominated Card. “Pass Issuer” means a toll road operator that uses the E-Toll System and issues, or an entity that does not operate a toll road but issues, passes or other electronic or video tolling products for the purpose of the E-Toll System. “Processing Fee” means in relation to a Transaction Summary delivered:

  • (a)

    by mail, a fee of $5.00; or

  • (b)

    by email, a fee of $2.20.

“Rental Agreement” means the ‘Australian Terms and Conditions’ contained in the ‘Worldwide Terms and Conditions’ for the Avis Preferred Service which are applicable at the time of Your rental of the Vehicle as posted on the Avis website (www.avis.com.au) and which govern the rental of a Vehicle by a member of the Avis Preferred Service. “RTA Charge Account” means the charge account established by Your RTA Charge Account Holder with RTA. “RTA Terms and Conditions” means these RTA E-Toll Facility Terms and Conditions for the Avis Preferred Service as varied from time to time in accordance with clause 9. “Service Fee” means a fee of $2.20. “Tag” means the RTA device installed in the Vehicle to enable the payment of Tolls by electronic means. “Tag Issuer” means a toll road operator who uses the E-Toll System and issues tags, or an entity that does not operate a toll road but issues tags for the purpose of the E-Toll System. “Toll” means all toll charges or other fees and charges imposed by the operator of a toll road for, or taxes payable in respect of, each Trip taken by the Vehicle during the period in which You have hired the Vehicle. “Tolling Lane” means a lane on a toll road at a toll collection point.

“Tolls and Fees” means all Tolls and Fees and any other payments, amounts or charges referred to in these RTA Terms and Conditions. “Transaction Summary” means a summary of the transactions (including the Tolls and Fees incurred) on Your E-Toll Facility. “Trip” means the driving of a Vehicle past a toll collection point. “Vehicle” has the same meaning given to that term in Your Rental Agreement. “You” or “Your” refers to the person(s) who have agreed to be bound to these RTA Terms and Conditions and with whom the Rental Agreement is made. “Your RTA Charge Account Holder” means the person which has entered into an agreement with the RTA for the payment of the Tolls and Fees during the rental of a Vehicle.

  • 11.

    Interpretation

    • (a)

      Headings are for convenience only and do not affect interpretation. Any use of the singular includes the plural and the converse applies. A gender includes all genders.

    • (b)

      Any reference to dollars and $ is to Australian currency.

    • (c)

      The word includes in any form is not a word of limitation.

    • (d)

      A reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity.

RTA PRIVACY CONSENT AND AGREEMENT

FOR THE AVIS PREFERRED SERVICE RTA is required to comply with Privacy Laws and other road transport, driver licensing and vehicle registration legislation when dealing with any Personal Information, including E-Toll Information.

This document contains consents and promises from You in relation to E-Toll Information collected from You and from third parties to enable RTA and others to collect, use and disclose it for Permitted Purposes. You are not required by law to provide E-Toll Information to RTA, but if You do not, RTA will not be able to provide the E-Toll Facility to You. Your Personal Information will be held by the RTA at Level 3, Octagon Building, 99 Phillip Street Parramatta or at any new or additional address or addresses disclosed in RTA’s privacy policy from time to time.

The RTA’s privacy policy, which explains our privacy practices including how to make an application to access or correct information about You or a complaint, and our complaints handling processes, is available at: www.rta.nsw.gov.au/aboutus/privacy/index.html or (02) 8588 4981

The RTA may vary this document from time to time. The terms of the RTA Privacy Consent and Agreement for the Avis Preferred Service governing Your E-Toll Facility during Your rental of a Vehicle will be the version applicable at the time of Your rental as posted on the Avis website (www. avis.com.au) at that time. You can access a copy of the RTA Privacy Consent and Agreement for the Avis Preferred Service at any time from the Avis website or you can request (during Sydney business hours) the RTA send you a copy of this document free of charge (telephone (02) 8588 4981).

Consents given by You

  • 1.

    In exchange for RTA providing the E-Toll Facility, You consent to and authorise:

    • 1.1

      collection of E-Toll Information by any Authorised Information Recipient from any person (including from Avis and from video and/or camera surveillance of toll roads conducted by RTA or third parties for traffic management or toll violation enforcement purposes);

    • 1.2

      use and disclosure of E-Toll Information by and to Authorised Information Recipients for the Permitted Purposes;

    • 1.3

      disclosure of E-Toll Information in online accounts accessible to any person with access to Your Agreement Number and surname; and

    • 1.4

      disclosure of E-Toll Information to persons outside Australia for the Permitted Purposes on the basis that RTA is not required to ensure that any overseas recipient complies with the Privacy Laws.

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