Terms & Conditions
VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS
( 3rd July 2018)
This is an agreement between You, the hirer, and any authorised driver identified on the Rental Agreement, and Us to rent the Vehicle described on the Rental Agreement. These Terms and Conditions and the Rental Agreement comprise the overall agreement (Agreement) You have with Us for the rental of the Vehicle.
1 Vehicle Condition and Return
1.1 The Vehicle that is delivered to You is in good operating condition and of acceptable quality.
1.2 You agree to return the Vehicle in the same condition it was in at the commencement of the rental, subject to reasonable wear and tear, together with all of its tools, tyres, accessories and equipment on the date and to the location specified on the Rental Agreement.
1.3 We must be notified and agree to any extension of the period of hire beyond that stated on the Rental Agreement in advance of the return date and time or, if the location of the Vehicle is unknown, after making reasonable attempts to contact You, report the Vehicle to the police as stolen.
1.4 If the Vehicle is returned to Us early there is no entitlement to a refund.
1.5 If the Vehicle is returned more than one hour after the time set for its return in the Rental Agreement the rates specified in the Rental Agreement will not apply and You will be charged additional standard hourly rates up to one full day’s standard rental and a further full day’s rental for each 24 hour period or part thereof until the Vehicle is returned to Us.
1.6 You must return the Vehicle to the rental location stated on the Rental Agreement although one way rentals may be available at an additional fee but must be agreed by Us and noted on the Rental Agreement prior to the commencement of the rental.
2 Unauthorised and Prohibited Use
2.1 The Vehicle must only be driven by a person:
(a) who is identified on the Rental Agreement or has been agreed by Us in writing prior to the commencement of the rental;
(b) who is licensed to drive that class of Vehicle;
(c) whose driver’s licence has not been cancelled or suspended within the last three years;
(d) who has held a driver’s licence for no less than three years;
(e) who is not less than 21 years of age; and
(f) who has not given a false name, age, address or driver’s licence details.
2.2 The Vehicle must never be driven:
(a) outside the state in which the Vehicle was rented unless interstate use has been agreed by Us prior to the commencement of the rental in which case additional charges may apply;
(b) onto any island with the exception of:
(i) Kangaroo Island;
(ii) Stradbroke Island;
(iii) Magnetic Island;
(iv) Bribie Island; or
(v) Phillip Island.
(c) in Queensland:
(i) north of Chillagoe or west of Georgetown;
(ii) north of Cooktown or Laura;
(iii) on the Burke Development Road;
(iv) north of Maggieville;
(v) Unsealed Roads north and west of Mt Isa;
(vi) on the Bloomfield track; or
(vii) on the Savannah Way;
(d) in the Northern Territory:
(i) on the roads to Jim Jim Falls or Twin Falls; or
(ii) on the Larapinta and Namitjira Drives, commonly known as the Mereenie Loop;
(e) in Western Australia:
(i) on the Gibb River Road;
(ii) on the Cape Leveque Road;
(iii) on the road to Windjana Gorge;
(iv) on the Cardabia – Ningaloo Road; or
(v) on the access road from the Great Northern Highway to the Purnululu National Park, commonly known as the Bungle Bungles; or
(f) on the Tanami Track or the Gunbarrel Highway in Western Australia and the Northern Territory.
2.3 The Vehicle must never be:
(a) driven on Unsealed Roads unless authorised by Us in writing or on the face of the Rental Agreement prior to the commencement of the rental;
(b) driven off road;
(c) driven on any beach or through rivers, streams, creeks or tidal crossings;
(d) driven through flood waters or on any road that has been closed by the police or a government or statutory authority;
(e) driven above the Snow Line;
(f) used to carry any dangerous, hazardous, inflammable, explosive or corrosive materials or substances in quantities above that used for domestic purposes;
(g) used to propel or tow any vehicle, trailer, boat or other object unless We have authorised such use in writing prior to the commencement of the rental;
(h) used to carry any greater load and/or more persons than is lawful or use in a manner or purpose other than for which the Vehicle was designed and constructed;
(i) used for racing, pacemaking, reliability trials, hill climbing or testing in preparation for those purposes;
(j) driven in a reckless or dangerous manner;
(k) driven in an unsafe or unroadworthy condition; or
(l) used for any illegal purpose.
2.4 The Vehicle must never be:
(a) modified; not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(b) damaged deliberately or recklessly; or
(c) sold, leased, rented or disposed of,
and You must not register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009 (Com).
2.5 The Vehicle must never be:
(a) used to carry persons for hire or for rideshare purposes; or
(b) used to carry any animal or pet, except assistance animals, unless authorised by Us in writing on the face of the Rental Agreement before the commencement of the rental.
2.6 The Vehicle must never be driven by any person:
(a) who is intoxicated or under the influence of alcohol or drugs;
(b) who has a concentration of drugs or alcohol that exceeds the limit prescribed by law in the state or territory where the Vehicle is driven;
(c) in whose breath, blood, urine or oral fluid the concentration of drugs or alcohol is above that concentration where it is an offence to be in control of, or drive, or be in charge of, the Vehicle; or
(d) who has failed to undergo any breath, blood, urine or oral fluid test or drug impairment assessment.
2.7 If there is a Substantial Breach of the Agreement We may:
(a) terminate the Agreement; and
(b) take immediate possession of the Vehicle.
3 Your Obligations
3.1 Joint Hirers are jointly and severally liable under the Agreement.
3.2 At the commencement of the rental and before collecting the Vehicle:
(a) You must present Your driver’s licence and that of any Joint Hirer and permit copies of the drivers’ licences to be made and kept by Us;
(b) You must pay Us the anticipated Rental Charges; and
(c) We will preauthorise :
(i) Your credit card for an additional amount of up to $350; or
(ii) if paying by Debit card, an additional amount of $1,000,
to cover extra charges that may be incurred during Your rental.
3.3 Credit card surcharges apply to all payments made by Credit or Debit card and a copy of Your Credit or Debit Card will be kept for a reasonable period after the end of the period of hire.
3.4 You must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure it is protected from the weather;
(c) maintaining the engine and brake oils, coolant levels and tyre pressures; and
(d) making sure that it is not overloaded or overheight.
3.5 At the end of the rental You are liable for and must pay Us:
(a) the balance of all rental charges specified on the Rental Agreement;
(b) an amount up to the Damage Loss Liability Charge as required by clause 4.3;
(i) Overhead Damage;
(ii) underbody damage caused by or resulting from an impact with the underbody of the Vehicle other than that caused by a collision with another Vehicle;
(iii) reversing damage if the Vehicle is a Commercial Vehicle and was damaged whilst being driven in reverse; and
(iv) damage caused by immersion of the Vehicle in water; and
(d) any additional charges, including additional cleaning of the Vehicle or any refuelling costs.
3.6 You must not smoke in the Vehicle and You must prevent any passenger from doing so and You must pay for the additional cleaning cost if this condition is breached.
3.7 You must pay:
(a) all tolls, speeding and traffic fines and infringements; and
(b) all parking fines;
incurred during the period of the hire or until such later time as the Vehicle is returned to Us and:
(c) all charges imposed for the release of the Vehicle if it has been seized by a responsible authority; and
(d) an administration fee of $50.00 plus GST for processing each violation notice or late toll invoice.
3.8 You must also pay an administration fee of $50.00 plus GST for the administrative costs of:
(a) claims administration when there is Damage to the Vehicle, there is a claim for third party loss or the Vehicle has been stolen;
(b) arranging additional cleaning of the Vehicle; and
(c) overdue rentals.
3.9 If You do not pay any amount due and payable to Us pursuant to this Agreement within 30 days of the due date, You must also pay Us:
(a) interest at the rate of 10% on the overdue amount until the full amount is received by Us; and
(b) the reasonable costs and charges We incur in recovering any overdue amount including collection fees and commission charged by a debt collection agency and all legal costs;
and You acknowledge that if You fail to pay any amount due to Us We may refer that failure to a Credit Reporting Agency.
4 Damage Cover and Exclusions
4.1 If You act within the terms and conditions of the Agreement We will grant Damage Cover (including legal costs incurred with Our consent) for Your benefit for:
(a) Damage to the Vehicle;
(b) loss of the Vehicle through theft; and
(c) damage to third party property.
4.2 At the commencement of the rental and at additional cost You may purchase:
(a) Zero Liability (ZDW) which reduces the Damage Loss Liability Charge to nil but this option is available only on Our Passenger Fleet Vehicles and provides no cover for damage to the Vehicle’s wheels, tyres, windows and windscreen;
(b) Collision Damage Waiver (CDW) which reduces the Damage Loss Liability Charge payable by You to the amount shown in the Rental Agreement but there is no cover for damage to the Vehicle’s wheels, tyres, windows and windscreen; and
(c) Wheel Damage Waiver (WDW) which provides cover for damage to the Vehicle’s wheels, tyres, windows and windscreen.
4.3 You must pay an amount up to the Damage Loss Liability Charge stated on the Rental Agreement for each separate claim if there has been:
(a) Damage to the Vehicle;
(b) theft of the Vehicle; or
(c) damage to third party property,
unless We agree that You were not at fault and the other party’s insurance company accepts liability and agrees to pay Us for Our loss.
4.4 We will refund the Damage Loss Liability Charge paid pursuant to clause 4.3:
(a) in full if We recover the Damage to the Vehicle from a responsible third party or their insurer or successfully reject or defend a claim for third party loss; or
(b) on a pro rata basis if We recover only a proportion of any amount claimed for Damage.
4.5 In making a refund We may take into account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the cost of the Damage to the Vehicle or successful rejection or defence of a claim for third party loss.
4.6 There is no Damage Cover for damage to or loss of property:
(a) owned by You, or any friend, relative, associate or passenger;
(b) Your employer or employees; or
(c) in Your physical or legal control,
that occurs during Your rental and any personal property left in the Vehicle at the end of the rental period will be held by Us for one month and if not claimed at the expiration of that period will be destroyed without further notice to You.
4.7 Damage Cover is subject to You not being covered under any policy of insurance.
4.8 Damage Cover is excluded where:
(a) there has been a Substantial Breach of the Agreement;
(b) You have left the Vehicle unlocked or left the keys or remote control device in the Vehicle;
(c) You have not kept the Vehicle’s keys or remote control device secure and under your personal control;
(d) there has been an impact with the underbody of the Vehicle not caused by a collision with another Vehicle;
(e) there is Overhead Damage;
(f) a Commercial Vehicle is damaged whilst being driven in reverse;
(g) the Vehicle has been driven off road or on an Unsealed Road;
(h) You have driven into, or used the Vehicle in, an area prohibited by the Rental Agreement or outside the area of authorised use shown on the Rental Agreement;
(i) the Vehicle has been totally or partially immersed in water;
(j) the interior of the Vehicle has been damaged, when no other Vehicle is involved;
(k) the tyres of the Vehicle have been damaged other than by normal wear and tear;
(l) You have refuelled the Vehicle with the wrong type of fuel;
(m) You have failed to maintain the Vehicle’s fluid and fuel levels or failed to immediately rectify or report to Us any defect in the a Vehicle of which You became aware; or
(n) You have failed to secure properly any load or equipment which leads to loss caused by any part of load or equipment,
even if You have paid the Damage Loss Liability Charge.
4.9 If Damage Cover is excluded You and any authorised driver are liable for:
(a) Damage to the Vehicle;
(b) loss of the Vehicle as a result of its theft; and
(c) any damage to third party property.
5.1 The Vehicle must be returned at the end of the rental period with the amount of fuel equal to that at the time of the start of the rental.
5.2 If the Vehicle is returned with less fuel, unless prior arrangements have been made and noted on the Rental Agreement, the difference will be charged at a rate, which may include a service component.
5.3 You must use the correct fuel type for the Vehicle and You are liable for any Damage to the Vehicle if the Vehicle is refuelled with the wrong fuel type.
6 Roadside Assistance, Breakdown, Accidents and Damage
6.1 Twenty four hour roadside assistance is provided free of charge and You must contact the service provider on 1800 808 122 to arrange that assistance. Provided there has not been a Substantial Breach Our roadside assistance provider will supply all practical assistance as soon as practicable.
6.2 We are not responsible for and there is no roadside assistance for:
(a) damage caused by use of the incorrect fuel type;
(b) tyre changing;
(c) lost keys;
(d) keys locked in the Vehicle; or
(e) a flat battery in the Vehicle because you have left the lights or audio equipment on,
and extra charges will apply if any of these services are provided at Your request.
6.3 You must:
(a) report any Accident involving loss or damage to the Vehicle, its theft or any loss involving the Vehicle, to the rental location from where the Vehicle was hired and within 24 hours of its occurrence; and
(b) pay Us up to the Damage Loss Liability Charge stated on the Rental Agreement as required by clause 4.3.
6.4 You must also:
(a) obtain the name and address, phone number and licence number of the other driver involved in any Accident and the registration number of the other driver’s vehicle;
(b) obtain the name and address and contact details for all witnesses;
(c) take photographs of damage to all vehicles prior to their movement or salvage by a tow operator, if practicable and safe to do so, as well as of the Accident location;
(d) report all Accidents to the police if:
(i) any person is injured;
(ii) the other party leaves the scene of the collision without exchanging names and addresses; or
(iii) the other party appears to be affected by drugs or alcohol;
(e) not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(f) immediately deliver to Us, every summons, complaint or document in relation to such loss; and
(g) provide such information and assistance as may be requested by Us and if necessary, assisting Us in the commencement, defence, maintenance or settlement of legal proceedings against a third party, including attending at a lawyer’s office and/or court, but We shall have sole conduct of those proceedings.
6.5 You must not repair or authorise anyone else to repair the Vehicle if it is damaged unless You have Our prior written authority.
6.6 Any pre-authorised repairs will only be reimbursed if You supply Us with a tax invoice for the repair and receipt for the payment.
7 Our Obligations
7.1 If the Vehicle breaks down because of a mechanical defect We will provide You with all practical assistance, including the provision of a replacement Vehicle of a similar standard to the previous Vehicle if the defect cannot be repaired. Our contact number for assistance is 1800 808 122.
7.2 Subject to the Australian Consumer Law, We are not responsible for:
(a) flights that You have missed or are delayed;
(b) holiday or travel plans that are disrupted;
(c) loss of enjoyment; or
(d) economic or consequential loss,
unless We are in breach of Our obligations to You under the Agreement.
8.1 We are committed to complying with the Australian Privacy principles and when We collect Your personal information We will do so only for the purpose of providing rental services to You.
8.2 You may choose not to provide this information to Us but We may not be able to provide You with Our rental services.
8.3 We take reasonable steps to make sure that Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
9 Resolving Your Complaints
9.1 If You have a complaint or dispute about Your rental with Us, including the service You have received from Us or decisions made on a claim, You may refer Your complaint or dispute to Our Internal Disputes Resolution (IDR) process where Your complaint or dispute will be reviewed by an employee who has the experience, knowledge and authority to conduct a full review.
9.2 The first step is to contact Us at [email protected] or by phone to +61 3 8336 6138 and Our IDR officer will acknowledge receipt of Your complaint or dispute within 14 working days.
9.3 Provided that We have all the necessary information Our IDR officer will review Your complaint or dispute and respond to You with reasons for Our decision within 15 working days or if further investigation is required within a reasonable time frame that We will endeavour to agree with You.
10 General Provisions
10.1 The Agreement is governed by the laws of the state in which the Vehicle is rented and You agree that the courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
10.2 The Australian Consumer Law gives You rights that are not affected by the Agreement and all provisions in the Agreement are subject to the implied terms and conditions of that law and the corresponding legislation in each state and territory.
Some words or phrases used in the Terms and Conditions have a specific meaning:
Accident means a single unintended, unforeseen collision between the Vehicle and any other object, including another vehicle that results in damage to the Vehicle or third party loss;
Commercial Vehicle means a Vehicle that is a van, utility, truck, mini-bus or bus that is constructed and used for the carriage of goods or property or the transport of passengers.
Damage to the Vehicle means:
(a) loss or damage to the Vehicle that requires repair or replacement, subject to reasonable fair wear and tear;
(b) towing and salvage fees;
(c) assessing fees; and
(d) Loss of Use,
and for the removal of doubt, any damage to the Vehicle’s windscreen, headlights, indicators, wheels or tyres that makes the Vehicle unroadworthy is not fair wear and tear.
Damage Loss Liability Charge means the amount up to which You must pay Us:
(a) for Damage to the Vehicle, including damage caused by hail;
(b) loss of the Vehicle through theft; and
(c) third party loss.
Loss of Use means the daily loss We incur as a result of the Vehicle being unavailable for hire because it is being repaired or has been written off or because it was stolen and We are waiting for it to be replaced.
Overhead Damage means:
(a) damage at or above the level of the top of the front windscreen of the Vehicle;
(b) damage to any part of the pantech or box section of a Commercial Vehicle; or
(c) third party loss,
(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.
Substantial Breach means a breach of any of clauses 2.1, 2.2, 2.3, 2.4, 2.6, 3.3, 5.3 or 6.5 that causes Damage to the Vehicle, theft of the Vehicle or third party loss.
Snow Line means any area within an alpine national park between 1 May and 31 October or any area where snow is likely to fall or has fallen.
Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle means the vehicle, including a Commercial Vehicle, described in the Rental Agreement and includes its components, accessories, tools, tyres and equipment and any replacement vehicle.
We, Us, Our, means Atlas C.T.L. Pty Ltd trading as Atlas Car and Truck Rental ABN 43 158 167 492.
You, Your means the person that rents the Vehicle from Us whether it is an individual, a firm or a company and includes any person We have authorised to drive the Vehicle prior to the commencement of the rental.
ROADS AND MARITIME SERVICES TERMS AND CONDITIONS
Roads and Maritime Services (ABN 76 236 371 088) (RMS), through Rental Co 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.
RMS E-TOLL FACILITY TERMS AND CONDITIONS
1 Your E-Toll Facility
1.1 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.
1.2 In order to use Your E-Toll Facility, You or Your Authorised Driver must travel in an Electronic Tolling Lane.
1.3 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.
1.4 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
2.1 You must pay the following amounts to RMS in connection with the use of Your E-Toll Facility:
(a) all Tolls (it is Your responsibility to be aware of all Tolls payable in connection with the use of a toll road);
(b) the Service Fee for each calendar day on which the Vehicle incurs a Toll using Your E-Toll Facility (part of which is paid by RMS to Rental Co);
(i) a Processing Fee in the circumstances described in clause 5(b);
(ii) a Dishonour Fee in the circumstances described in clause 3.3; and
(iii) 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.
2.2 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 methods and authority
(a) promise to RMS that You are authorised to use the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; and
(b) 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.
3.2 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.
(a) there are insufficient funds available in the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; or
(b) a transaction on the Nominated Card is declined for any reason, save for:
(i) the negligence of, or wilful misconduct by, RMS or any of its officers, employees or agents; or
(ii) 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.
3.4 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:
(a) the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
(b) the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.
4 Errors in charging Tolls and Fees
4.1 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.
4.2 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
5.1 You may view a Transaction Summary without charge at any time by logging on to www.myetoll.com.au.
5.2 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).
6 Lost, stolen or malfunctioning Tags
6.1 You must immediately inform Rental Co if either of the following occur:
(a) the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way defective; or
(b) the Vehicle is lost or stolen.
6.2 If You inform Rental Co 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.
6.3 If the Tag or the Vehicle is lost or stolen and You have immediately informed Rental Co, You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed Rental Co.
7.1 Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
7.2 If GST is stated as not to be inclusive, You are liable for any GST payable.
8.1 New South Wales laws govern these RMS Terms and Conditions.
8.2 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.myetoll.com.au 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:
“Authorised Driver” means each “Hirer” or “Driver” specified in Your Rental Vehicle 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 fee of $1.15.
“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 1.1.
“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 2.1(b) – 2.1(b)(iii) 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 Vehicle Agreement” means the agreement entered into between You and Rental Co comprising the document titled “Rental Agreement” and any other document given to You by Rental Co at Vehicle pick-up.
“Rental Co” means Atlas C.T.L Pty Ltd (ABN 43 158 167 492).
“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 a fee of $3.30.
“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.
“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.
10.1 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.
10.2 Any reference to dollars and $ is to Australian currency.
10.3 The word includes in any form is not a word of limitation.
10.4 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.
1 Consents given by You
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 Rental Co 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.
2 Promises made by You
You promise that:
(a) prior to disclosing any information to RMS or Rental Co 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 Rental Co 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, Rental Co 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:
(a) You; or
(b) any Individual,
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 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, and Nominated Card 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); (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.
I have read, understood and agree to be bound by these RMS Terms and Conditions, including the obligation to pay RMS a Service Fee of $3.30 for each calendar day on which the Vehicle incurs a Toll.
I have read and agree to these Terms and Conditions of the Rental Agreement & Tolling Agreement.