Rental Agreement

I understand the rental period expires at the time and date documented on this agreement and that I am responsible for advising any extensions to the rental period with a minimum 24 hours notice where possible. I agree to pay late fees of $11 per hour for the first 2 hours of the vehicle being overdue and for a full day when the vehicle is more than 2 hours late.

I understand that I am responsible for advising A Ace Car Rentals Pty Ltd if I wish to return the vehicle to a depot other than the depot listed on the agreement prior to the vehicle being returned and that returning the vehicle to a depot different from the one listed at the commencement of hire may incur extra fees.

I understand that there is no refund or credit issued for early returns.

I agree to use Regular unleaded petrol or premium unleaded fuel only and agree to pay for any damages incurred through the use of incorrect fuel. I agree to return the vehicle with the equivalent level of fuel marked on the agreement/damage report or pay the shortfall in fuel at a rate of $2.25 per litre.

Unpaid fines and infringements will incur an administration fee of $38.50 to nominate a driver. I agree for this fee to be charged to my credit card for any and all infringements received by A Ace Car Rentals for the time that I was the hirer of the rental vehicle.

I understand that any and all damage must be reported within 4 hours of the incident occurring. After hours reports can be made by leaving a message on 03 9328 4911. I understand that I will be required to fill in an accident report as soon as I am physically able to. Should the hirer(s) fail to comply with any conditions of this contract, all losses arising out of any accident or damage caused shall be at the hirer(s) expense.

I agree that I have been given the opportunity to complete a damage report at the commencement of the hire period. I agree that the damage report is a true and accurate description of any existing damage to the rental vehicle at the commencement of hire.

I understand that A Ace Car Rentals Pty Ltd T/A Cheaper Car Rentals, Melbourne Car Rental, Rent For Less Melbourne, and Macedon Ranges Car Rental is not an insurer but offers the facilities of its insurer to provide cover to rental customers under the terms of the Rental Agreement. I understand that I am liable for damage caused to the rental vehicle and any other property damaged by the rental vehicle while in my control up to the damage excess amount I have selected at the commencement of hire regardless of cause.

The following exclusions apply:

• Failure to pay any rental fees including damage liability charges, accident administration fees of $110 and fees for lost rental days where required
• The driver is not listed on the rental agreement
• Any driver under 21 years of age
• Any driver who knowingly provides us with false or misleading information
• Any driver whose faculties are impaired by any drug or alcohol in excess of the percentage permitted by law.
• Any driver who uses the rental vehicle for racing or time trials
• The rental vehicle is being used in the course of committing a crime
• The rental vehicle is deliberately, carelessly, maliciously or recklessly driven into a body of water
• The rental vehicle is driven on an unsealed road or above the snow line
• The rental vehicle is driven in a manner which would result in a criminal offence
• Tyre or windscreen damage unless tyre and windscreen cover is purchased
• Damage to the top of the vehicle caused by a collision with any overhead obstruction and any resulting property damage
• Damage to the undercarriage of the vehicle
• Damage caused by attaching any equipment to the vehicle such as roof racks, bike racks or snow chains
• Damage caused as a result of loading or unloading a van or ute or failing to properly secure a load
• Damage caused by using the wrong type of fuel
• Damage which the driver or any passenger causes deliberately, carelessly, maliciously or recklessly (including mechanical damage)
• Damage or loss of any equipment you rent including GPS units, child seats, trolleys, keys and tyre change equipment

I understand that in the event I cause minor damage to a rental vehicle that could cost less than my selected damage liability to repair, I can choose to continue to rent the vehicle (if available) and have the damage repaired by a qualified and reputable repairer so that the vehicle is returned in the same condition as when hired. I understand that the damage must be inspected by a staff member of A Ace Car Rentals and an accident report filled in prior to any repairs being completed.

I understand that if I ask A Ace Car Rentals Pty Ltd to have any minor damage repaired at their preferred repairer on my behalf, I will be liable for $110 accident administration fee plus lost rental days plus the cost of repairs.

I understand that I am liable for all vehicle recovery costs including towing plus an accident administration fee of $110 as well as payment for lost rental days as determined by A Ace Car Rentals Pty Ltd in the event of an accident.

I agree that I have been given the option to reduce my damage liability and to purchase tyre and windscreen cover at the commencement of hire and I authorise A Ace Car Rentals Pty Ltd to charge the damage liability amount documented on this agreement to my credit card in the event of an accident regardless of cause.

All our vehicles come with full roadside assistance in Victoria through RACV. Please call 13 11 11 and quote member number 93609.

I understand smoking is prohibited in rental vehicles and a fee of $110 is charged for cleaning and deodorizing vehicles that are smoked in.

Damage to Tyres Rims and hubcaps maliciously or recklessly driven into the gutter and pavement. Improper use / Negligent driving and violation of traffic rules or rental conditions will void insurance cover.

No animals are allowed in our rental vehicles. A cleaning fee of $45 will be charged if animal fur is found. We reserve the right to charge a cleaning fee if the vehicle is not returned in a state that we deem acceptable.

I understand that security bonds cannot be used to pay for rental extensions and that they can take up to 21 business days to appear on my statement once refunded. I agree to A Ace Car Rentals Pty Ltd deducting any extra fees incurred during the rental period from the security bond.

The charges listed at the commencement of hire are an estimate of charges. Additional amounts may apply for fuel, cleaning, infringements, toll road use, damage, administration fees, debt collection and extensions and I hereby irrevocably authorize these charges to be processed against my credit card by A Ace Car Rentals Pty Ltd as and when they fall due.

Roads and Maritime Services (ABN 76 236 371 088) (RMS), through A Ace Car Rentals Pty Ltd 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.

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.

(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);

(ii) 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)

(iii) a Processing Fee in the circumstances described in clause 5(b)

(iv) a Dishonour Fee in the circumstances described in clause 3(c) and (v) any other costs reasonably incurred by 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 methods and authority

(a) 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.

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.myetoll.com.au.

(b) 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

(a) You must immediately inform Rental Co 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 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.

(c) 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. GST

(a) Unless otherwise indicated, all Tolls and Fees are inclusive of GST.

(b) If GST is stated as not to be inclusive, You are liable for any GST payable.

8. General

(a) New South Wales laws govern these 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.myetoll.com.au or You may call 131 865. Notification is effective only upon RMS’ receipt of written confirmation.

9. Definitions

In these RMS Terms and Conditions, except where the context otherwise requires:

“Authorised Driver” means each “Renter” specified in Your Rental Agreement.

“Authorised Representative” means an individual who is 18 years or older and who is authorised by You to use and access Your E-Toll Facility.

“Credit Reporting Agency” means a corporation that carries on a credit reporting business.

“Dishonour Fee” means 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(a).

“E-Toll System” means the entire system relating to electronic “Rental Co” means A Ace Car Rentals Pty Ltd ABN 81 005 937 413.

“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.

1. 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 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. You are not required by law to provide E-Toll Information to RMS, but if You do not, RMS will not be able to provide the E-Toll Facility to You. Your Personal Information will be held by RMS at Level 3, Octagon Building, 99 Phillip Street Parramatta or at any new or additional address or addresses disclosed in RMS’ privacy policy from time to time.

RMS’ privacy policy, which explains RMS’ privacy practices including how to make an application to access or correct information about You or a complaint, and RMS’ complaints handling processes, is available at: https://rms.nsw.gov.au/gipa/privacy/index.html or (02) 8588 4981.

1. In exchange for RMS providing the E-Toll Facility, You consent to and authorize:

(a) collection of E-Toll Information by any Authorized 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 Authorized 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.

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 1of 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.

Definitions

“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:

(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 apply to the interpretation of this RMS Privacy Consent and Agreement. c tolling operated by RMS, any operator of a toll road or any Tag Issuer or Pass Issuer.

“Fees” means each of the fees and costs (and any taxes applicable to them) described in clauses 2(a)(ii)- 2(a)(v)inclusive of these RMS Terms and Conditions.

“GST” has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Nominated Card” means a valid credit card or MasterCard or Visa-branded debit card nominated by You as the source of payment for all Tolls and Fees.

“Nominated Card Holder” means a person other than You who holds a Nominated Card.

“Pass Issuer” means a toll road operator that uses the E-Toll System and issues, or an entity that does not operate a toll road but issues, passes or other electronic or video tolling products for the purpose of the E-Toll System.

“Processing Fee” means in relation to a Transaction Summary delivered:

(a) by mail, a fee of $5.00; or

(b) by email, a fee of $2.20.

“Rental Agreement” means the agreement entered into between You and Rental Co comprising the document titled “Rental Agreement” and any other document given to You by Rental Co at Vehicle pick-up.

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.