Effective February 2017
1. Who do these terms and conditions apply to?
a. They apply to the hirer of the vehicle who has accepted an offer to hire the vehicle made to registered users of a Ridesource Platform, to anyone who drives the vehicle and to anyone who provides Thrifty with a cash payment or a credit or debit card (“charge card”) authority in relation to a rental.
b. When we refer to “you” we mean the hirer, anyone named on the Rental Agreement as an additional driver (“Additional Authorised Driver”) and anyone who provides us with a cash payment or a charge card authority.
c. When we refer to “we”, “us” “our” or “Thrifty” we mean the company identified on the front page of the Rental Agreement.
d. When we refer to “Authorised Driver” we mean you and each “Additional Authorised Driver” as any authorised driver who is also noted on Your Rental Agreement.
e. When we refer to “Ridesource Driver”, we mean you, provided you: i.are a person registered and approved by a Ridesource Platform operator to drive vehicles using a Ridesource Platform; and
ii. hired the vehicle by accepting our offer to do so by means of the Ridesource Platform (ie you are not and Additional Driver); and
iii. are using the vehicle as a driver to:
A.locate or transport passengers; or
B.collect, deliver or carry goods (including food),
using the Ridesource Platform approved by us and specified as such in your Rental Agreement.
f. When we refer to the "Ridesource Platform", we mean a ridesourcing (or "e-hailing") device application and related technology platform which connects riders and drivers for point-to-point transport through a rideshare network service, or which facilitates the delivery of goods (including food).
2. What do I get from Thrifty?
a. 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 charge card authority form and any other document given to you by Thrifty at vehicle pick-up together comprise the Rental Agreement.
b. You also get any equipment you have hired, for the period of time stated on the front page of the Rental Agreement.
c. You will have access to standard roadside assistance, free of charge, where the assistance has been requested by you or an Additional Driver.
d. Thrifty reserves the right to refuse to provide you with a vehicle, including a replacement vehicle, if Thrifty believes in its absolute discretion that a Ridesource Driver is unfit to drive as a Ridesource Driver.
e. Unless explicitly set out in the Rental Agreement, a vehicle hired for use in association with a Ridesource Platform: i.must be hired for a minimum period of one week and a maximum period of 8 weeks;
ii. may not be hired on a one way basis and must be returned to the location where you picked it up;
iii. may not be picked up from or dropped off at any airport location; and
iv. may only be driven for commercial gain in association with a Ridesource Platform in the state or territory in which it was hired.
f. Thrifty does not warrant that your vehicle will be suitable for the carrying of any particular type of good (including food), and you must satisfy yourself as to the suitability of the vehicle for your intended use of it to carry goods.
3. What must I do before I drive away?
a. 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.
4. What are the Estimated Rental Charges?
a. 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.
b. 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: i.any goods and services tax or other tax or fee imposed by a relevant authority;
ii. the cost of hiring any equipment such as child seats, GPS (satellite navigation) units, trolleys, boxes or mining equipment;
iii. prepaid fuel, if this option is available at the location from where you collect the vehicle and you elect to take this option;
iv. the cost of purchasing Recovery Plus Protection if you choose this option;
v. the cost of purchasing collision damage waiver protection and/or Snow Cover;
vi. the cost of purchasing Premium Protection if you choose this option as part of collision damage waiver protection;
vii. the cost of purchasing Ultimate Protection if you choose this option as part of collision damage waiver protection;
viii. a fee, which we call a Premium Location Surcharge (PLS), if you rent from certain locations such as airports will apply to all fees and charges relating to your rental. You will be advised that a location is subject to a PLS at the time of renting a vehicle;
ix.a fee if you pay with a credit or debit card, which we call a Charge Card Fee (CC Fee);
x.a fee to help offset our administration costs, which we call an Administration Fee (Admin Fee);
xi.a fee to help offset the cost of registering our vehicles, which we call a Vehicle Registration Recovery Fee (VRRF);
xii.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);
xiii.a daily surcharge for each driver aged under 25, which we call a Young Driver Fee (AGE);
xiv.a fee to cover any Additional Drivers, which we call an Additional Driver Fee (ADF);
xv.a fee to compensate Thrifty for loss of rental income if you: A.return the vehicle before the agreed time, which we call an Early Return Fee (ERF);
B.damage the vehicle requiring the vehicle to be off the road for repair, which is also subject to an Admin Fee; and
C.return the vehicle after the expiry of your rental period, without our prior authorisation (see section 5(n)).
xvi.goods and services tax (GST); and
xvii.any other charge or fee which we apply from time to time.
5. What charges might I incur in addition to the Estimated Rental Charges?
a. You may have to pay for any of the following:
a. 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. Any excess kilometre charge is also subject to applicable PLS, CC Fee, Admin Fee and any other applicable charges;
b. 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);
c. traffic and parking fines incurred during the period of your rental;
d. toll road fees and fines incurred during the period of your rental;
e. an Admin Fee in relation to traffic, parking and toll road fees and fines;
f. 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;
g. 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?”);
h. 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;
i. the cost of repair to or replacement of damaged or lost equipment, and any costs associated with repair or replacement;
j. 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));
k. towing costs if the vehicle needs to be towed: i.from a remote or sparsely populated area; or
ii. because of something that you or an Authorised Additional Driver have done or caused to be done to the vehicle that requires the vehicle to be towed (this is in addition to the roadside assistance charges referred to in paragraph m) below);
l. 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?)”;
m. charges for the use of roadside assistance required due to something that you have done or caused to be done to the vehicle, which includes the following situations: i.the vehicle’s battery is flat (and not due to mechanical fault); or
ii. the keys are locked in the vehicle; or
iii. the vehicle has run out of fuel; or
iv. a tyre on the vehicle requires changing or repair (and not due to mechanical fault or fair wear and tear); or
v. the keys to the vehicle have been lost (including the replacement cost of any keys and/ or entry devices for the vehicle).
n. if the charges in 5.k) and 5.m) apply, you will be charged all costs and expenses incurred by us unless you have purchased Recovery Plus Protection;
o. additional Rental Charges if you do not return the vehicle on time, for any reason. We will allow you a grace period of 59 minutes and after that we will charge you as follows: i.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;
ii. 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;
iii. 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.
p. 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.
q. 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
r. 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 including any fees or charges imposed by a third party on us or from a debt recovery agency and any other costs reasonably incurred by us in enforcing our rights under these terms and conditions.
6. What are my responsibilities?
a. You must return the vehicle to the drop-off location specified on your Rental Agreement at the end of your rental period, or no later than after reaching 8 consecutive weeks of uninterrupted rental use, whichever is the earlier. We may offer you the option of entering into a new rental agreement for either the same or a new vehicle.
b. 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.
c. 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.
d. You must obey all relevant road rules. If you don’t, we may require you to pay the full cost of any damage.
e. You must be at least 25 years old (unless otherwise specified by us) and hold an unrestricted driver’s licence which allows you to operate the vehicle.
f. 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.
g. 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.
h. Neither you nor your passengers may smoke in the vehicle.
i. 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.
j. You must not allow anyone other than the Authorised Driver or any other Additional Authorised 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 (subject to clause 6(r)).
k. You must not use the vehicle on an unsealed road unless it is a four wheel drive (4WD) vehicle.
l. 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.
m. You must not, unless we authorise you to do so, use or drive the vehicle: i.into or out of the Northern Territory, Western Australia, Weipa (Queensland) or Tasmania; or
ii. in the Northern Territory, outside any town or city limits between sunset and sunrise; or
iii. in any other remote area as specified in your Rental Agreement between sunset and sunrise; or
iv.in any other prohibited area of use as specified in your Rental Agreement.
n. You must not drive in an area where snow chains are required unless you have purchased Snow Cover.
o. You must not use the vehicle to transport any animal other than a guide dog.
p. 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.
q. You must not allow the vehicle to be towed without our permission.
r. Subject to compliance with these terms and conditions, and being approved by a Ridesource Platform operator to operate as a Ridesource Driver, only the Ridesource Driver (and no other driver) may use the vehicle for commercial gain, provided the Ridesource Driver does so: i.while driving the vehicle in a jurisdiction where "e-hailing" or "ridesourcing" for the point-to-point transport of passengers for a fare has been expressly legalised (but not in any other state or territory); and
ii. while operating as a Ridesource Driver with the relevant Ridesource Platform device app functioning by: A.advertising the Ridesource Driver's availability to transport potential passengers using the Ridesource Platform; or
B. travelling to collect a passenger for a trip the Ridesource Driver has accepted as a driver on the Ridesource Platform; or
C. transporting one or more passengers associated with a trip arranged on the Ridesource Platform; or
D. advertising the Ridesource Driver's availability to collect and deliver goods using the Ridesource Platform (such collection and delivery being a "Consignment"); or
E. travelling to collect goods the subject of a Consignment; or
F. carrying goods to the delivery address specified for the relevant Consignment.
s. Except as set out in clause 6(r), you may not use the vehicle for commercial gain unless specifically agreed in your Rental Agreement.
t. If contacted by us and asked to provide any information about the vehicle, including the current number of kilometres shown on the odometer, you must cooperate and provide us with this information. If you cannot provide the requested information to our satisfaction, we can direct you to return the vehicle to a location specified by us and we may terminate your rental.
u. You acknowledge that you are responsible for ensuring: i.the security of any goods in the vehicle, and
ii. the safety and security of any food associated with a Consignment, including by complying with your obligations under all relevant food laws, including but not limited to the Food Acts of each relevant State and Territory and the Food Standards of Australia and New Zealand.
v. You must only place, or allow to be placed, or carry in the vehicle goods or items which have been safely and securely positioned inside the vehicle without risk of becoming dislodged during transit or causing damage to the interior of the vehicle.
w. In the event that a vehicle malfunction results in a delay to the likely time of delivery of a Consignment, you must immediately notify the person from whom you collected the goods.
x. To the extent permitted by law (including but not limited to the Competition and Consumer Act 2010 (Cth)), you are liable for and indemnify us against any claim for loss or damage resulting from your failure to comply with clauses 6(u) – 6(w).
y. You must not connect, or allow the vehicle's battery to be connected, to any item (including another battery, vehicle or any equipment) without our express permission.
7. What happens if the vehicle is damaged, lost or stolen or other property is damaged?
a. You must notify us as soon as possible, and no later than 24 hours after an accident or incident (unless there are circumstances under which it is impractical or impossible for you to advise us within 24 hours, and you can produce documented evidence of those circumstances on our request), 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.
b. You must notify the police if required under the relevant road rules.
c. 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.
d. You must complete and return an Incident Report Form which we will supply to you.
e. 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.
f. You must not allow the vehicle to be repaired or serviced by anyone other than Thrifty without our permission.
8. How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?
a. 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: i.the type of vehicle you hire (ie. passenger vehicle, 4WD, light commercial or heavy commercial); and
ii.whether you have purchased collision damage waiver protection or Snow Cover from us and the level of protection you have selected.
b. 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.
c. If you are involved in what we call a Single Vehicle Accident, a Single Vehicle Accident Fee may apply in addition to any Damage Recovery Fee. A Single Vehicle Accident is an accident that does not involve another vehicle other than a parked vehicle. You will be notified of the amount of that fee at the time of collecting your vehicle.
d. 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?”.
e. 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.
f. 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.
9. When would I have to pay more than the Damage Recovery Fee?
a. 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:
a. You fail to notify us as soon as possible and no later than 24 hours after any accident, damage or loss occurs (unless there are circumstances under which it is impractical or impossible for you to advise us within 24 hours, and you can produce documented evidence of those circumstances on our request), 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;
b. 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;
c. except with our written consent, you admit liability to a third party or offer or accept settlement of a claim by a third party;
d.you have not paid the maximum applicable Damage Recovery Fee on demand from us;
e. at the time the loss or damage occurs: i.the driver does not have a current unrestricted driver’s licence for the class of vehicle rented;
ii. the driver is not listed on the Rental Agreement;
iii. the driver is driving while affected by alcohol;
iv. the driver is under the influence of any drug which affects the ability to drive a vehicle or any illegal drug, toxin or substance;
v. the driver is using the vehicle for racing or time trials;
vi.the vehicle is being used in the course of committing a crime;
vii. the vehicle is unattended and unlocked, or the keys are not secure;
viii.the vehicle is deliberately, carelessly, maliciously or recklessly driven into any body of water;
ix. the vehicle is being driven off road without prior authorisation from us;
x. the vehicle is being driven on an unsealed road (though this does not apply to 4WDs);
xi. 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;
xii. the damage or loss is not covered by any policy of insurance providing you with cover;
xiii. 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;
xiv. the vehicle is being towed without our permission;
xv. the vehicle is driven into or outside, or used in, the areas referred to in section 6(m), and any damage to the vehicle is caused by a collision with an animal or the driver is avoiding a collision with an animal;
xvi. the vehicle is carrying any dangerous goods or substances, any flammable items or toxic substances; and
xvii. the vehicle is being used in any prohibited manner or area of use specified in your Rental Agreement.
f. the damage or loss, whether to the vehicle or to the property of others, includes any of the following types: i.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;
ii. damage to the undercarriage of the vehicle, from the door seal, top of the front and rear bumper and below, including where no other part of the vehicle is damaged at the same time;
iii. any damage to a Pantech box sides, roof and/or floor,
iv. damage to tailgate lifters, ramps and associated equipment;
v. damage caused as a result of loading or unloading a truck, ute or van or failing properly to secure a load;
vi. damage caused by attaching any equipment to the vehicle (e.g. roof racks, bike racks, snow chains, trailers), or using that equipment;
vii. damage which the driver or any passenger causes deliberately, carelessly, maliciously or recklessly (including mechanical damage);
viii. damage caused by using the wrong type or grade of fuel;
ix. 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;
x. damage or loss caused to the vehicle due to hail, flood, fire, storm, cyclone or other natural disaster where such damage exceeds the amount of the DRF;
xi. 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;
xii. damage to or loss of any personal property owned by you or any other driver or passenger of our vehicle, the driver or passenger of another vehicle, or anyone else, including personal property left in a vehicle;
xiii. damage to or loss of any items supplied with your vehicle such as keys, tyre change equipment or E-toll tags; and
xiv. damage to or loss of any equipment you rent, including GPS units, child seats, trolleys or mining equipment.
10. What happens if there are legal proceedings resulting from an accident involving the vehicle?
a. If legal proceedings are threatened or commenced, you must: i.notify us immediately;
ii. allow us to conduct the proceedings on your behalf;
iii. not make any admission of liability or offer to settle the proceedings;
iv. co-operate fully with us and our legal advisers, as reasonably required.
b. 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.
11. When will you charge me, and how much?
a. Before your rental begins: i.we will charge your charge card the weekly amount of the Estimated Rental Charges as shown on the front page of the Rental Agreement;
ii. we will charge your charge card the deposit amount specified on the front page of your Rental Agreement . 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; and
iii. we may also pre-authorise your charge 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 purchased collision damage waiver protection (and, if you have, the level that you have selected).
b. During or after your rental: i.at the commencement of each week during the period of your rental we will charge your charge card the weekly amount (or part thereof if it is the final week of your period of rental) of the Estimated Rental Charges as shown on the front page of the Rental Agreement;
ii.we may charge your charge 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), 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?”);
iii.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?”);
iv.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, at all times, act reasonably when determining these charges. We will then charge your charge 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;
v.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 charge 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, at all times, act reasonably in determining these additional charges. 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. If you do not advise us that you dispute the additional charge within 48 hours we will charge your charge card or deduct the charge from your cash deposit. However, if we reasonably form the view that you are validly disputing an additional charge, we will not charge your charge card or deduct the amount from any cash deposit until we have investigated the disputed matter and confirmed any additional charge to you;
vi.if you dispute the additional charge 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, acting reasonably, that any amount should be refunded to you, we will promptly credit that amount to your charge card (or, if your charge 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;
vii.Any other costs reasonably incurred by us in enforcing our rights under these terms and conditions, including any fees or charges imposed by a third party on us or fees incurred by us engaging any debt recovery agency, where you have refused or failed to pay any amount under these terms and conditions; and
viii.You acknowledge that if you fail to pay any amounts as required by these terms and conditions, we may refer that failure and your details to a Credit Reporting Agency.
12. Can Thrifty terminate my rental?
a. 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.
13. Can I terminate my rental?
a. 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.
14. Can I extend my rental?
a. 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.
b.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.
15. What do I have to do when I bring the vehicle back?
a.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).
16. What happens after my rental has finished?
a. 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.
b. 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.
c. We may charge amounts to your charge card or deduct them from your cash deposit (see section 11 - “When will you charge me, and how much?”).
d.We will refund any deposits that we are holding in relation to your rental and that we no longer require.
e. Return of the vehicle to the agreed location and at the agreed time is your responsibility. We may charge you additional fees, such as a One Way Rental fee, if you return the vehicle to a location that has not been agreed with us. If you return the vehicle to: i.an unmanned location (without our consent); or
ii. outside of location hours,
you are responsible for damage to the vehicle that may occur, for any reason, until the next business day when we have had an opportunity to inspect the vehicle.
17. What happens if I am unhappy with something to do with my rental?
a. You should immediately contact the location from which you rented the vehicle so that we can investigate and address your concerns.
b. 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.
18. How is my privacy protected?
b.You can contact us at email@example.com if you do not want to receive marketing communications from us.
19. What other things do I need to know about my rental?
a.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.
b.To the extent permitted by law (including but not limited to the Competition and Consumer Act 2010 (Cth)), we will not be liable for any loss, expense, damage, injury or claim suffered or incurred by you or any other person arising out of your use or possession of the vehicle as a Ridesource Driver (whether direct, indirect or consequential) including but not limited to loss or damage to goods (including contamination or spoilage of food) being transported by you, loss of profits, loss of goodwill or opportunity, and any costs or expenses incurred in connection with the foregoing.
c.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.
d.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.
e.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.
f.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.
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.
By signing the Rental Agreement You accept, and agree to be bound by, these RMS Terms and Conditions.
RMS E-TOLL FACILITY TERMS AND CONDITIONS
1. Your E-Toll Facility
a.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.
a.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.
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 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.
2. Payments, fees and charges in connection with Your E-Toll Facility
a.You must pay the following amounts to RMS 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);
a.You must pay the following amounts to RMS 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 clauses 3(c) and 3(f); and
v.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.
b.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.
3. Payment method 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 RMS that You are authorised to use the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; and
ii.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.
b.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.
c.If: i.there are insufficient funds available in the Nominated Card to meet Your payment obligations under these RMS 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, RMS or any of its officers, employees or agents; or
B.an RMS systems error,
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.
d.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: 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.
e.If You have paid, or will pay, cash to rent the Vehicle and You have not otherwise provided a Nominated Card for the payment of Tolls and Fees: i.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
ii.You must pay all Tolls and Fees in Australian currency by cheque or money order in accordance with the instructions in the relevant invoice.
f.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 a.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: i.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
ii.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.
b.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.
4. Errors in charging Tolls and Fees
a.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.
b.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.
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 Thrifty 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 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.
c.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.
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.
a.New South Wales laws govern these RMS Terms and Conditions.
b.Unless agreed otherwise, if You, an Authorised 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.rta.nsw.gov.au/rentalcars or You may call (02) 8837 0231. Notification is effective only upon RMS’ receipt of written confirmation.
In these RMS Terms and Conditions, except where the context otherwise requires:
“Authorised Driver” means “Driver” (if different to You) and each “Additional Authorised Driver” as those terms are defined 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:
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 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 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” and “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.
10.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.
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.
This RMS Privacy Consent and Agreement contains consents and promises from You in relation to E-Toll Information collected from You and from third parties to enable RMS and others to collect, use and disclose it for Permitted Purposes.
Consents given by You
1.In exchange for RMS providing the E-Toll Facility, You consent to and authorise: a.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);
b.use and disclosure of E-Toll Information by and to Authorised Information Recipients for the Permitted Purposes;
c.disclosure of E-Toll Information in online accounts accessible to any person with access to Your Agreement Number and surname; and
d.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
1.You promise that: a.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
b.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, and each Authorised 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. “Individual” means any individual, including any Authorised Driver, Authorised Representative, Nominated Card Holder and Your RMS Corporate Account Holder.
“Intended Recipients” means the following parties both within and outside NSW:
a.Credit Reporting Agencies;
e.any bank, financial institution or Clearing House;
f.RMS’ professional advisers including legal advisers, accounting advisers and other professional advisers;
g.driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents;
h.owners and other operators of toll roads; and
i.persons providing services to any of the entities set out in (a) to (h).
“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;
d.the enforcement of a law imposing pecuniary penalty;
e.the protection of the public revenue;
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 9 of the RMS E-Toll Facility Terms and Conditions applies to the interpretation of this RMS Privacy Consent and Agreement.