Terms & Conditions
Effective October 2012
- Who do these terms and conditions apply to?
- They apply to the hirer of the vehicle, to anyone who drives the vehicle and to anyone who provides Thrifty with a credit card authority in relation to a rental. When we refer to "you" we mean the hirer, anyone named as an additional driver and anyone who provides us with a credit card authority.
- When we refer to "we" , "us" "our" or "Thrifty" we mean the company identified on the front page of the Rental Agreement.
- What do I get from Thrifty?
- You get a vehicle in the rental class you have booked (or a comparable vehicle if a vehicle in that class is unavailable) for the period of time stated on the front page of the rental agreement. That rental agreement, these terms and conditions, the Vehicle Details and Conditions Report referred to below and (where applicable) a credit card authority form and any other document given to you by Thrifty at vehicle pick-up together comprise the Rental Agreement.
- You also get any equipment you have hired, for the period of time stated on the front page of the rental agreement.
- What must I do before I drive away?
- Before you leave the location from which you have rented your vehicle, you should inspect the vehicle and make sure it is in the condition shown in the Vehicle Details and Conditions Report. You should report any differences immediately to the staff at the pick-up location. You should also make sure you have any equipment you have requested. If you have any queries, you should go back to the rental counter.
- What are the Estimated Rental Charges?
- The rental charges that we know about when you collect your vehicle are set out on the front page of the Rental Agreement under the heading Estimated Rental Charges. The total charges that you will need to pay at the end of your rental may be different from the Estimated Rental Charges if, for example, circumstances change (see section 5 - "What charges might I incur in addition to the Estimated Rental Charges?" ) or if you need to pay for any damage to the vehicle or any property (see section 9 - "When would I have to pay more than the Damage Recovery Fee?" ). Once all charges are known, the Estimated Rental Charges become the Rental Charges.
- In addition to the daily rate, which is the rate we charge for each consecutive 24 hour period from the time you hire the vehicle, the Estimated Rental Charges may include any of the following:
- the cost of hiring any equipment such as child seats, GPS (satellite navigation) units, trolleys, boxes or mining equipment;
- prepaid fuel, if you elect to take this option;
- the cost of purchasing collision damage waiver protection or Snowpak Coverage;
- a fee, which we call a Premium Location Surcharge (PLS), if you rent from certain locations such as airports;
- a credit card fee, if you pay with a credit card, which we call a Credit Card Fee (CC Fee);
- a fee to help offset our administration costs, which we call an Administration Fee (Admin);
- a fee to help offset the cost of registering our vehicles, which we call a Vehicle Registration Recovery Fee (VRRF);
- a fee for returning a vehicle at a location other than where you picked it up, which we call a One Way Rental Fee (OWR);
- a daily surcharge for each authorised driver aged under 25, which we call a Young Driver Fee (AGE);
- a fee to cover any additional drivers, which we call an Additional Driver Fee (ADF);
- a fee to compensate Thrifty for loss of rental income if you return the vehicle before the agreed time, which we call an Early Return Fee (ERF);
- goods and services tax (GST); and
- any other charge or fee which we apply from time to time.
- What charges might I incur in addition to the Estimated Rental Charges?
- You may have to pay for any of the following:
- an excess kilometres charge, which we will charge for each kilometre over the kilometre limit outlined on the front page of the Rental Agreement. We will use the vehicle's odometer to calculate the number of excess kilometres;
- fuel, which we will charge at a per litre rate that includes a labour and time cost, if you return the vehicle with less than a full tank (unless you have purchased prepaid fuel at the start of your rental);
- traffic and parking fines incurred during the period of your rental;
- toll road fees and fines incurred during the period of your rental;
- an administration fee in relation to traffic, parking and toll road fees and fines;
- amounts payable to Roads and Maritime Services ABN 76 236 371 088 (RMS) in connection with the provision of an E-Toll solution, including a service fee (part of which is remitted to us by RMS) in addition to the applicable tolls;
- the cost of repair to or replacement of the vehicle or any items supplied with it such as keys, tyre change equipment or E-Toll tags, or other property you damage, and any costs associated with repair or replacement of the vehicle, items or property, though the charge to you may be reduced if you purchase collision damage waiver protection from us (see section 8 - "How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?" );
- a charge to cover the rental income that we reasonably consider we have lost if the damage to or loss of the vehicle means that Thrifty loses the opportunity to hire it out to someone else;
- the cost of repair to or replacement of damaged or lost equipment, and any costs associated with repair or replacement;
- a charge for professional cleaning of the vehicle where the condition of the vehicle requires a special clean (e.g. as a result of food, drink and other stains and marks, animal fur, mud and dirt and smoke damage (including damage caused by tobacco products));
- towing costs if the vehicle needs to be towed from a remote or sparsely populated area;
- depending on whether or not you purchase collision damage waiver protection from us, and the level of the protection you select, fees we call the Damage Recovery Fee (DRF) and Single Vehicle Accident (SVA) Fee (see section 8 - "How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?)" ;
- additional Rental Charges if you do not return the vehicle on time. We will allow you a grace period of 59 minutes and after that we will charge you as follows:
- if you are one hour late or more, but less than three hours late, we will charge you for each hour (including the first) at the additional hourly rate specified in your Rental Agreement;
- if you are three hours or more late, we will charge you for an additional day (or days if relevant) at the daily rate specified in your Rental Agreement. In addition, we will charge you a further day's Vehicle Registration Recovery Fee, the cost of a further day's collision damage waiver protection (if you have purchased it) and any other daily surcharges for each additional day or part of an additional day by which you are late;
- in relation to any equipment you have hired, we will charge you for an additional day (or days if relevant) if you are one hour late or more.
- additional Rental Charges if you return the vehicle and equipment to a location, or at a time and date, different from the drop-off details specified on the front page of the Rental Agreement. We will recalculate your Rental Charges using the daily rates specified on the front page of the Rental Agreement.
- interest on Rental Charges and other costs not paid within 14 days of the date they are due at a rate equal to the standard business overdraft rate charged from time to time by the Commonwealth Bank of Australia; and
- legal and other costs which we incur in recovering any Rental Charges and other costs you do not pay when we require you to do so.
- What are my responsibilities?
- You must use the vehicle and any items or equipment supplied with it, only for the purpose for which they are designed and ensure that any equipment (such as a child seat or GPS unit) is fitted correctly and safely.
- You must take proper care of the vehicle and any items or equipment supplied with it, during the period of your rental, and return them to us in the same condition as when you collected them.
- You must obey all relevant road rules. If you don't, we may require you to pay the full cost of any damage.
- You must be at least 21 years old and hold an unrestricted driver's licence which allows you to operate the vehicle.
- You must observe any warning indicators that may appear in the vehicle. If you are not sure what an indicator is telling you to do, you must contact the location from which you rented the vehicle as soon as possible for advice.
- You must operate the vehicle in the manner in which it is designed to be used and ensure you use the right type of fuel. We encourage you to read the operating manual, which can be found in the glove box of the vehicle.
- Neither you nor your passengers may smoke in the vehicle.
- You must return the vehicle by the return date and time set out on the front page of the Rental Agreement at the location from which you rented it unless we agree to you returning it to another location. Otherwise you may be liable for additional Rental Charges and, if you return the vehicle to a different location, a One Way Rental Fee.
- You must not allow anyone other than the hirer or any other driver set out on the front page of the Rental Agreement to drive the vehicle and you must not hire the vehicle to anyone or use it for commercial gain.
- You must not use the vehicle on an unsealed road unless it is a four wheel drive (4WD) vehicle.
- You must not use the vehicle "off road" (e.g. on a fire trail, beach, dirt track, grassed area or to cross streams, rivers or any other body of water), unless your Rental Agreement specifically authorises you to do so.
- You must not, unless we authorise you to do so, use or drive the vehicle:
- into or out of the Northern Territory, Western Australia or Tasmania;
- in the Northern Territory, outside any town or city limits between dusk and dawn;
- in any other prohibited area of use as specified in your Rental Agreement.
- You must not drive in an area where snow chains are required unless you have purchased Snowpak Coverage.
- You must not use the vehicle to transport any animal other than a guide dog.
- You must not transport the vehicle on a ferry or ship or other watercraft without our permission. Even if we grant you permission however, you will still have to pay for the full cost we incur as a result of an accident, damage to or loss of the vehicle or any equipment, together with the cost of any damage you cause to other property whilst the vehicle is being transported.
- You must not allow the vehicle to be towed without our permission.
- What happens if the vehicle is damaged, lost or stolen or other property is damaged?
- You must notify us as soon as possible, and no later than 24 hours after an accident, of any damage or loss that has occurred by contacting the location from which you rented your vehicle and giving us full details. If you don't, we may require you to pay the full cost of any damage.
- You must notify the police if required under the relevant road rules.
- You must not leave the vehicle unattended before the arrival of a tow truck or salvage operator except if your health or safety would otherwise be endangered.
- You must complete and return an Incident Report Form which we will supply to you.
- You may have to contribute to the cost of repair or replacement, depending on whether or not you have purchased collision damage waiver protection from us, and the level of protection you have selected.
- How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?
- Unless the circumstances described in section 9 - "When would I have to pay more than the Damage Recovery Fee?" apply, the amount you have to pay for each separate instance of damage to or loss of our vehicle, or for damage to other property, and for any associated costs, will be reduced automatically to a maximum level in respect of each separate instance, which we call the Damage Recovery Fee. The amount of the Damage Recovery Fee varies according to:
- the type of vehicle you hire (ie. passenger vehicle, 4WD, light commercial or heavy commercial); and
- whether you have purchased collision damage waiver protection or Snowpak Coverage from us and the level of protection you have selected.
- In some circumstances, the Damage Recovery Fee may be charged by us on more than one occasion. This is because it applies in respect of each separate instance of damage to or loss of our vehicle, or for damage to other property, and for any associated costs. This may happen, for example, if during your rental period you are involved in an incident which causes damage to the vehicle, and in a separate and unrelated incident, further or additional damage is caused to the vehicle. The Damage Recovery Fee would be payable in respect of both incidents.
- If you are involved in what we call a Single Vehicle Accident, a Single Vehicle Accident Fee will apply in addition to any Damage Recovery Fee. A Single Vehicle Accident is an accident that does not involve another vehicle. We may not charge you the Single Vehicle Accident Fee where the vehicle has been rented from one of a specified list of metropolitan locations. You will be notified at the time of collecting your vehicle whether or not the Single Vehicle Accident Fee will apply to your rental and, if it does, the amount of that fee.
- Set out at the end of these terms and conditions is a Protection Options Matrix showing the maximum fees that we may charge you each time an incident occurs where there is damage to or loss of our vehicle, or for damage to other property. It shows how you can reduce your charges by purchasing one of our collision damage waiver protection options. They are:
- Premium Protection or "PP" . Your charges reduce if you purchase PP, although you will still be responsible for all tyre and damage or loss which is not the result of a vehicle accident;
- Ultimate Protection or "UP" . Your charges will reduce even further if you purchase UP, and you will not be responsible for tyre and windscreen damage or loss.
- We may update the Protection Options Matrix from time to time. If the Protection Options Matrix shown at the end of these terms and conditions becomes out of date, we will notify you of the updated Protection Options Matrix at the start of your rental. Also, we may apply a different Protection Options Matrix in certain regions, for example in the Northern Territory, and again we will notify you of the relevant Protection Options Matrix at the start of your rental. Alternatively, for up-to-date information please visit http://www.thrifty.com.au/terms/.
- We will charge you either the full amount or a portion of the Damage Recovery Fee and Single Vehicle Accident Fee while we calculate the actual costs associated with each instance of damage or loss. For more information see section 11 - "When will you charge me, and how much?" .
- Purchasing collision damage waiver protection reduces the cost to you of making good damage to the vehicle you are driving or damage to third party property (subject to certain exceptions - see section 9 - "When would I have to pay more than the Damage Recovery Fee?" ). Even if you purchase collision damage waiver protection from us, you may still be liable for costs associated with the personal injury or death of yourself or another person.
- When driving a Thrifty vehicle you are covered by compulsory third party insurance, which is a third party insurance scheme regulated by statute. This insurance may relieve you from liability for injury or death suffered by persons other than yourself but does not cover damage to property. We recommend you satisfy yourself of the cover provided by this type of insurance.
- When would I have to pay more than the Damage Recovery Fee?
Even if you purchase collision damage waiver protection from us you will have to pay for the full cost we incur as a result of each separate instance of an accident, damage to or loss of the vehicle or any equipment, together with the cost of any damage you cause to other property, where:
- you fail to notify us as soon as possible and no later than 24 hours after any accident, damage or loss occurs, or you fail to assist us in our investigations in relation to any such accident, damage or loss (e.g. if you fail to cooperate with our investigator or you fail to attend court proceedings as reasonably required by us). You must remain in contact with us for the purpose of providing that assistance until we notify you that your assistance is no longer required;
- you provide us with information that you know to be false or misleading, or knowingly fail to give us all the relevant information you have;
- except with our written consent, you admit liability to a third party or offer or accept settlement of a claim by a third party;
- you have not paid the maximum applicable Damage Recovery Fee;
- at the time the loss or damage occurs:
- the driver does not have a current unrestricted driver's licence for the class of vehicle rented;
- the driver is not listed on the Rental Agreement;
- the driver is driving while affected by alcohol;
- the driver is under the influence of any drug which affects the ability to drive a vehicle or any illegal drug, toxin or substance;
- the driver is using the vehicle for racing or time trials;
- the vehicle is being used in the course of committing a crime;
- the vehicle is unattended and unlocked, or the keys are not secure;
- the vehicle is deliberately, carelessly, maliciously or recklessly driven into any body of water;
- the vehicle is being driven off road;
- the vehicle is being driven on an unsealed road (though this does not apply to 4WDs);
- the vehicle is being driven in a reckless, careless, dangerous or illegal manner or is being used for an illegal purpose or in a manner which would result in a criminal offence;
- the damage or loss is covered by any policy of insurance providing you with cover;
- the vehicle is being loaded, unloaded or transported on a ferry or ship or other watercraft, even if we have given you permission to do so;
- the vehicle is being towed without our permission;
- the vehicle is being used in any prohibited area of use specified in your Rental Agreement.
- the damage or loss, whether to the vehicle or to the property of others, is of any of the following types:
- damage to the top of the vehicle caused by a collision with any overhead obstruction (e.g. bridges, car parks and other low clearance areas), and any resulting damage to any other property;
- damage to the undercarriage of the vehicle, where no other part of the vehicle is damaged at the same time;
- any damage to tailgate lifters, ramps and associated equipment;
- damage caused as a result of loading or unloading a truck, ute or van or failing properly to secure a load;
- damage caused by attaching any equipment to the vehicle (e.g. roof racks, bike racks, snow chains, trailers), or using that equipment;
- damage which the driver or any passenger causes deliberately, carelessly, maliciously or recklessly (including mechanical damage);
- damage caused by using the wrong type or grade of fuel;
- damage or loss caused to the vehicle's windscreen or tyres which was not the result of a vehicle accident, except where you have purchased Ultimate Protection;
- where the vehicle is used in a mining area, damage caused as a result of your failure to promptly remove any mud or dirt and to clean the vehicle promptly after its exposure to mud or dirt;
- damage to or loss of any personal property owned by the driver, any passenger or anyone else, including personal property left in the vehicle;
- damage to or loss of any items supplied with your vehicle such as keys, tyre change equipment or E-toll tags; and
- damage to or loss of any equipment you rent, including GPS units, child seats, trolleys or mining equipment.
- What happens if there are legal proceedings resulting from an accident involving the vehicle?
- If legal proceedings are threatened or commenced, you must:
- notify us immediately;
- allow us to conduct the proceedings on your behalf;
- not make any admission of liability or offer to settle the proceedings;
- co-operate fully with us and our legal advisers, as reasonably required.
- If you do not notify us promptly of any claim by a third party against you, any legal costs that you incur before you notify us will be your responsibility.
- When will you charge me, and how much?
- Before your rental begins
- We will charge your credit card for the full amount of your Estimated Rental Charges as shown on the front page of the Rental Agreement, except to the extent you have opted to pay them with a pre-paid voucher or in cash (where a cash option is available). We will charge this at the time you pick up the vehicle and hold it as a deposit. At the end of your rental we will apply that amount towards the total charges payable by you for your rental.
- We may also pre-authorise your credit card, or take a cash deposit from you (where a cash option is available), which we will apply towards any additional charges for which you are responsible. The amount of the cash deposit we take will vary depending on the vehicle you have rented, the location from which you pick up your vehicle and whether or not you have purchase collision damage waiver protection (and, if you have, the level that you have selected).
- During or after your rental
- We may charge your credit card for the Damage Recovery Fee and Single Vehicle Accident Fee, or you can elect to pay it in cash (where a cash option is available). The amount that we will charge as the Damage Recovery Fee and Single Vehicle Accident Fee, up to the maximum level (for each separate incident, as described in section 8 above) indicated in the Protection Options Matrix set out at the end of these terms and conditions (or as notified to you by Thrifty at the start of your rental), will initially be determined by us when you return the vehicle and charged at a level which we estimate, in good faith, will be sufficient to cover the extent of damage. If the actual costs of or associated with the damage or loss (after crediting any recovery from third parties who may have been at fault) is less than the combined Damage Recovery Fee and Single Vehicle Accident Fee charged to you, we will refund the difference to you within a reasonable time after all costs have been fully quantified and any recoveries received. Alternatively, if we find that the costs of or associated with the damage or loss are not covered by collision damage waiver protection, or if we find out about an additional cost only after we have refunded you, we may subsequently charge you more (see section 9 - "When would I have to pay more than the Damage Recovery Fee?" ).
- We may also charge you for any other Rental Charges for which you are responsible (see section 5 - "What charges might I incur in addition to the Estimated Rental Charges?" ).
- Sometimes when we communicate with you we will know that you need to pay one or more of these amounts in addition to the Estimated Rental Charges. This may happen, for example, if you return the vehicle after the agreed return time. When we know we will have to charge you, we will notify you immediately of that fact and the reason for the charge and, where possible, the amount that we are going to charge or an estimate of that amount. We will then charge your credit card at the same time as we notify you (or as soon as we have ascertained the exact amount to be charged, which will normally be within 24 hours of you returning the vehicle), unless you pay the charge in cash at that time where a cash option is available. If you have paid a cash deposit, we will deduct the additional charges from that deposit and refund the difference to you by direct deposit or cheque, usually within 7 days of settling all charges.
- Sometimes when we communicate with you, however, we will not know that additional charges are payable by you until after you have returned the vehicle and left the Thrifty location. This may happen, for example, if we discover damage to the vehicle when we inspect it (see section 16 - "What happens after my rental has finished?" ), or if we receive a claim from a third party or notice of a fine. In these circumstances we will notify you by email, telephone or mail that we are going to charge your credit card (or deduct the charge from your cash deposit), the reason for the charge and the amount that we are going to charge. We will give that notification within 24 hours of inspecting the vehicle, or of otherwise becoming aware that a charge needs to be made, and impose the charge at the same time as we notify you. However, if we reasonably form the view that you are validly disputing an additional charge, we will wait at least 48 hours after notification before we decide to charge your credit card or deduct the charge from your cash deposit.
- If you dispute the amount or the reason for which you will be or have been charged, you can contact the Thrifty location that notified you of the charge. We will promptly deal with any dispute and, if we consider that any amount should be refunded to you, we will promptly credit that amount to your credit card (or, if your credit card has not yet been charged, we will agree not to charge you that amount) or if you have paid the charge in cash we will refund you by cheque or direct deposit. If you are dissatisfied with the determination made by the Thrifty location, you can contact our Customer Service Department at email@example.com or by calling +61 2 8337 2700.
- Can Thrifty terminate my rental?
- We can terminate your rental if you do not comply with any of the key terms of your Rental Agreement and do not promptly rectify the breach after we notify you of it.
- Can I terminate my rental?
- You can terminate your rental at any time but you will be required to pay an Early Return Fee if your Rental Agreement states that you have to pay one.
- Can I extend my rental?
- You can request an extension by contacting the location from which you rented the vehicle. You must do so before the expiry of your Rental Agreement. If we are unable to agree to your request then you must return the vehicle by the time specified in your Rental Agreement. If you do not do so, you will be required to pay additional rental charges (see section 5 - "What charges might I incur in addition to the Estimated Rental Charges?" ). If we are able to agree to your request we will take payment at that time for the additional charges resulting from the extension of your rental.
- If you have not returned the vehicle within 24 hours of the end of the agreed rental period, and you have not contacted us to request an extension or to explain why you have not returned the vehicle, we reserve the right to report the vehicle as being stolen.
- What do I have to do when I bring the vehicle back?
- You must make sure that the vehicle and any equipment is in the same condition as when you began your rental (except for fair wear and tear).
- What happens after my rental has finished?
- We will inspect the vehicle as soon as possible after you return it to the location from which you rented it or to another location you have agreed with us. We will normally carry out that inspection on the day you return the vehicle or, when you return the vehicle after hours, on the day after you return it.
- We will notify you within 24 hours of inspecting the vehicle if we have any concerns in relation to the condition of the vehicle or any equipment hired as part of your rental.
- We may charge amounts to your credit card or deduct them from your cash deposit (see section 11 - "When will you charge me, and how much?" ).
- We will refund any deposits that we are holding in relation to your rental and that we no longer require.
- What happens if I am unhappy with something to do with my rental?
- You should immediately contact the location from which you rented the vehicle so that we can investigate and address your concerns.
- If that location does not address your concerns satisfactorily, you should contact our Customer Service Department at firstname.lastname@example.org or by calling +61 2 8337 2700.
- How is my privacy protected?
- You can contact us at email@example.com if you do not want to receive marketing communications from us.
- What other things do I need to know about my rental?
- Unless we are negligent or as required by law, we will not be responsible for any loss (including loss of profits), damage, costs or expenses which you incur, or death or personal injury to you or any other person, as a result of your rental.
- To the extent permitted by law, our liability pursuant to any relevant Australian law is limited at our option to the replacement, repair or re-supply of the vehicle for the remaining term of your rental or reimbursement of your Rental Charges.
- We may register our interest under this Rental Agreement on the Personal Property Securities Register. You agree that, to the extent permitted by law, we do not need to notify you if we make, or change, such a registration.
- These terms and conditions will be interpreted in accordance with, and exclusively governed by, the laws of the State or Territory of the Commonwealth of Australia in which you rent the vehicle and the Courts of that State or Territory or the Commonwealth of Australia.
- If you wish to find out more about your rights as a consumer, you can contact consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory Fair Trading authorities.
Thrifty Protection Options Matrix*
||No Collision Damage
||Damage Recovery Fee
||Single Vehicle Accident Fee
||Damage Recovery Fee
||Single Vehicle Accident Fee
||Damage Recovery Fee
||Single Vehicle Accident Fee
||$0 from metro locations
$2,200 from non metro locations
||$0 from metro locations
$2,200 from non metro locations
||$0 from metro locations
$2,200 from non metro locations
||$0 from metro locations
$2,200 from non metro locations
|Light Trucks & Buses
|Heavy Trucks & Buses
* Subject to change and to regional variations. Damage Recovery Fee is incurred for each separate instance of loss or damage. Please see Section 8 of the Terms and Conditions – "How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?" .
ROADS AND MARITIME SERVICES TERMS AND CONDITIONS
Roads and Maritime Services (ABN 76 236 371 088) (RMS), through Thrifty as RMS' agent, offers an E-Toll Facility to You on these RMS Terms and Conditions which comprise:
- the RMS E-Toll Facility Terms and Conditions; and
- the RMS Privacy Consent and Agreement.
At the time of rental of Your Vehicle from Thrifty, You accept, and agree to be bound by, these RMS Terms and Conditions.
RMS E-TOLL FACILITY TERMS AND CONDITIONS
- Your E-Toll Facility
- Your E-Toll Facility is provided by RMS to You to enable You to pay Tolls and Fees relating to the E-Toll System in accordance with these RMS Terms and Conditions.
- In order to use Your E-Toll Facility, You or Your Additional Driver must travel in an Electronic Tolling Lane.
- You remain responsible at all times for the acts and omissions of any Additional 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.
- A Tag may be installed in Your Vehicle as part of the E-Toll Facility. The Tag is the property of RMS. 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 RMS under these RMS Terms and Conditions and You may be charged other amounts by the provider of the other tag or electronic or video tolling product used.
- Payments, fees and charges in connection with Your E-Toll Facility
- You must pay the following amounts to RMS in connection with the use of Your E-Toll Facility:
- all Tolls (it is Your responsibility to be aware of all Tolls payable in connection with the use of a toll road);
- the Service Fee for each calendar day on which the Vehicle incurs a Toll using Your E-Toll Facility;
- a Processing Fee in the circumstances described in clause 5(b);
- a Dishonour Fee in the circumstances described in clauses 3(c) and 3(f); and
- any other costs reasonably incurred by RMS in enforcing its rights under these RMS Terms and Conditions, including any fees or charges imposed by a third party on RMS where You have refused or failed to pay any amount under these RMS Terms and Conditions.
- You acknowledge that if You fail to pay any Tolls or Fees as required by these RMS Terms and Conditions, RMS may refer that failure to a Credit Reporting Agency.
- Payment methods and authority
- Payment by Nominated Card
- 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:
- promise to RMS that You are authorised to use the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; and
- authorise RMS to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from, RMS under these RMS Terms and Conditions.
- RMS 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 RMS by a toll road operator.
You will be charged a Dishonour Fee by RMS 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.
- there are insufficient funds available in the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; or
- a transaction on the Nominated Card is declined for any reason, save for:
- the negligence of, or wilful misconduct by, RMS or any of its officers, employees or agents; or
- an RMS systems error,
- You must ensure that You immediately provide RMS with details for an alternative Nominated Card, which can be used to meet Your obligations under these RMS Terms and Conditions, and an authority for RMS to debit the alternative Nominated Card, if:
- the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
- the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.
- If You have paid, or will pay, cash or eftpos to rent the Vehicle and You have not otherwise provided a Nominated Card for the payment of Tolls and Fees:
- RMS will issue You one or more invoices recording all Tolls and Fees incurred or, where applicable, notified to RMS by a toll road operator. The invoice will be posted to Your nominated postal address; and
- You must pay all Tolls and Fees in Australian currency by cheque or money order in accordance with the instructions in the relevant invoice.
- If You pay by cheque or money order and that cheque or money order is dishonoured by the issuer, You will be charged a Dishonour Fee by RMS and You may be charged fees, charges and interest by Your financial institution.
- Payment by RMS Corporate Account Holder
- If You are using a Thrifty Corporate Account to pay for the rental of the Vehicle, or have otherwise nominated a Thrifty Corporate Account for the payment of Tolls and Fees:
- You promise to RMS that You are authorised to incur Tolls and Fees and to have those Tolls and Fees debited to the RMS Corporate Account; and
- RMS will issue Your RMS Corporate Account Holder with a monthly invoice recording all Tolls and Fees incurred or, where applicable, notified to RMS by a toll road operator.
- You must immediately provide RMS with updated or alternate payment method details if the RMS Corporate Account is cancelled or altered or if You are no longer authorised to incur Tolls and Fees on that RMS Corporate Account.
- Errors in charging Tolls and Fees
- If RMS incorrectly credits You with, or pays to You, an amount in connection with Your E-Toll Facility RMS may recover that amount from You provided that RMS has given You 10 days prior written notice of its intention to do so.
- RMS will pay, within a reasonable time, any refund due to You in connection with Your E-Toll Facility by such method as RMS may reasonably choose.
- E-Toll Facility Transaction Summary
- You may view a Transaction Summary without charge at any time by logging on to www.myetoll.com.au/thrifty.
- If You request that RMS provides 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).
- Lost, stolen or malfunctioning Tags
- You must immediately inform Thrifty if either of the following occur:
- the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way defective; or
- the Vehicle is lost or stolen.
- If You inform Thrifty 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 RMS Terms and Conditions and You will continue to be liable for Tolls and Fees.
- If the Tag or the Vehicle is lost or stolen and You have immediately informed Thrifty, You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed Thrifty.
- Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
- If GST is stated as not to be inclusive, You are liable for any GST payable.
- New South Wales laws govern these RMS Terms and Conditions.
- Unless agreed otherwise, if You, an Additional Driver or Authorised Representative need to notify RMS 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.myetoll.com.au/thrifty or You may call 131 865. Notification is effective only upon RMS' receipt of written confirmation.
- In these RMS Terms and Conditions, except where the context otherwise requires:
- "Additional Driver" means each "Additional Driver" specified 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.
- "Credit Reporting Agency" means a corporation that carries on a credit reporting business.
- "Dishonour Fee" means:
- in relation to payment by a Nominated Card, a fee of $1.15;
- in relation to payment by cheque, a fee of $20.00; and
- 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 RMS, 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 RMS Terms and Conditions.
- "GST" has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- "Nominated Card" means a valid credit card or MasterCard or Visa branded debit 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 agreement entered into between You and Thrifty comprising the documents titled "Thrifty Car Rental - Terms and Conditions", "Rental Agreement", "Vehicle Condition Report", any "Credit Card Authority" form (where applicable) and any other document given to You by Thrifty at Vehicle pick-up.
- "RMS Corporate Account" means a charge account established by a person with RMS for the payment of Tolls and Fees.
- "RMS Corporate Account Holder" means the person with whom the RMS Corporate Account has been established.
- "RMS Terms and Conditions" means these Roads and Maritime Services Terms and Conditions which comprise the "RMS E-Toll Facility Terms and Conditions" and the "RMS Privacy Consent and Agreement".
- "Service Fee" means the fee described as such in the Rental Agreement.
- "Tag" means the RMS 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.
- "Thrifty" means Kingmill Pty Ltd ABN 58 003 966 649.
- "Thrifty Corporate Account" means a charge account established by an RMS Corporate Account Holder with Thrifty for the payment of the rental of the Vehicle.
- "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 RMS 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 RMS Terms and Conditions and with whom the Rental Agreement is made.
- 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.
- Any reference to dollars and $ is to Australian currency.
- The word includes in any form is not a word of limitation.
- 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.
RMS PRIVACY CONSENT AND AGREEMENT
RMS 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.
Consents given by You
- In exchange for RMS providing the E-Toll Facility, You consent to and authorise:
- collection of E-Toll Information by any Authorised Information Recipient from any person (including from Thrifty and from video and/or camera surveillance of toll roads conducted by RMS or third parties for traffic management or toll violation enforcement purposes);
- use and disclosure of E-Toll Information by and to Authorised Information Recipients for the Permitted Purposes;
- disclosure of E-Toll Information in online accounts accessible to any person with access to Your Agreement Number and surname; and
- disclosure of E-Toll Information to persons outside Australia for the Permitted Purposes on the basis that RMS is not required to ensure that any overseas recipient complies with the Privacy Laws.
Promises made by You
- You promise that:
- prior to disclosing any information to RMS or Thrifty about an Individual, You have obtained their consent to the matters in clause 1 of this RMS Privacy Consent and Agreement; and
- all information You provide to RMS about You or any Individual is or will be accurate, complete and up-to-date, and will not be false or misleading.
- "Agreement Number" means a unique agreement number provided to You by Thrifty or by RMS in connection with the Rental Agreement.
- "Associated Contractors" means RMS' suppliers, agents, distributors and contractors in relation to any Permitted Purposes.
- "Authorised Information Recipient" means RMS, Thrifty, Your RMS Corporate Account Holder and each Additional Driver, Authorised Representative and Intended Recipient.
- "Clearing House" means any person who operates a clearing house for operators of toll roads, or Tag Issuers or Pass Issuers or any combinations of these.
- "E-Toll Information" means any information relating to You or Your E-Toll Facility, Vehicle, the location of a Tag or Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at toll roads. E-Toll Information may include Personal Information about:
including a name, address, phone number, email address, drivers licence number, date of birth, Vehicle hire and usage information, billing or financial information, Rental Agreement, Nominated Card, Thrifty Corporate Account, RMS Corporate Account and other Personal Information contained in video and/or camera surveillance of toll roads for traffic management or toll violation enforcement purposes conducted by RMS or obtained by RMS from third parties.
- (a) You; or
- (b) any Individual,
- "Individual" means any individual, including any Additional Driver, Authorised Representative, Nominated Card Holder and Your RMS Corporate Account Holder.
- "Intended Recipients" means the following parties both within and outside NSW: (i) Credit Reporting Agencies; (ii) Associated Contractors; (iii) Tag Issuers; (iv) Pass Issuers; (v) any bank, financial institution or Clearing House; (vi) RMS' professional advisers including legal advisers, accounting advisers and other professional advisers; (vii) driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents; (viii) owners and other operators of toll roads; and (ix) persons providing services to any of the entities set out in (i) to (viii).
- "Permitted Purposes" means any one or more of:
(a) facilitating the use of and carrying out functions and activities relating to: (i) tolls and their enforcement; (ii) the E-Toll System; (iii) any cashback system; (iv) Your E-Toll Facility and Tags; (v) verification of Your Rental Agreement (including verifying the details of a Nominated Card Holder or Your RMS Corporate Account Holder); (vi) obtaining feedback about the E-Toll System and Your E-Toll Facility; and (vii) analysing information relating to traffic conditions, travel times and road usage and disclosing aggregate information (including to the public);
(b) auditing of the E-Toll System;
(c) law enforcement;
(d) the enforcement of a law imposing pecuniary penalty;
(e) the protection of the public revenue;
(f) road safety;
(g) release of information to solicitors acting as agents for their clients in relation to motor vehicle accidents where RMS is compelled to do so by a court order;
(h) obtaining advice and professional services on a confidential basis;
(i) market research and statistical analysis;
(j) other purposes related or incidental to the purposes listed above; and
(k) such other purposes as are permitted by Privacy Laws,
in each case both within and outside NSW.
- "Personal Information" means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is reasonably identifiable from the information or opinion and any other information subject to the Privacy Laws.
- "Privacy Laws" means the privacy laws which apply to RMS from time to time, including the Privacy and Personal Information Protection Act 1998 (NSW) for so long as it applies to RMS and any other current or future legislation, mandatory codes and policies relating to the handling of Personal Information which apply to RMS.
Other capitalised terms in this RMS Privacy Consent and Agreement have the meaning given in the RMS E-Toll Facility Terms and Conditions.
Clause 10 of the RMS E-Toll Facility Terms and Conditions applies to the interpretation of this RMS Privacy Consent and Agreement.