1. GENERAL: These Master Agreement Terms and Conditions and the
Fastbreak Enrollment Form signed by the Enrollee ("Enrollment Form"), constitute the Budget Master Rental Agreement between the Enrollee and Budget (" Agreement") for the rental of cars (as defined in paragraph 5. below) from locations of Budget RentA Car System, Inc., its subsidiaries and affiliates and participating independent licensees of Budget Rent A Car System, Inc. (collectively referred to as "Budget") offering the Budget Fastbreak program ("Fastbreak"). I, me, my and for certain notices, renter refer to the person who signs this Agreement, you and your refer to Budget. This Agreement applies to each rental using Fastbreak as if a separate rental agreement was entered into for each car and I agree that these Terms and Conditions shall apply in relation to any car that I reserve and hire under Fastbreak ("Rental") and only such Rentals. I represent that all information on the signed Enrollment Form is true and complete. If it is not, Budget reserves the right to terminate this Agreement immediately without notice to me. I must keep the Enrollment Form's information current by notifying Budget of any changes to such information including, but not limited to, my mailing address, driver's license and charge card. I may change my selections of optional services by providing a new-signed Enrollment Form to you within a reasonable time in advance of the Rental, at which time the new-signed Enrollment Form will become part of this Agreement. To otherwise change any choice for a particular option for a rental , I must enter into a standard rental transaction at the rental counter at the start of that rental unless otherwise permitted by law. I ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE DISCLOSURE NOTICES, WARNING NOTICES, EXCLUSIONS AND LIMITATIONS RELATED TO AND EFFECTIVE IN EACH STATE, COUNTRY OR PROVINCE IN WHICH A VEHICLE IS RENTED AND TO THE EXTENT ALLOWED BY LAW IN THE STATE, COUNTRY OR PROVINCE CONCERNEDWAIVE ANY RIGHT WHICH MAY HAVE TO SEPARATELY RECEIVE OR SIGN SUCH DISCLOSURES, WARNINGS, EXCLUSIONS AND LIMITATIONS AT THE TIME OF THE RENTAL. I acknowledge and agree that the laws of the state, country or province in which a Rental commences will govern that Rental, and I submit to the exclusive jurisdiction of the courts in that state, country or province with respect to that Rental. If any Term or Condition contained in this Agreement is prohibited by the law in a jurisdiction covering a Rental, that Term or Condition is ineffective only to the extent of the prohibition. I AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY BE CHANGED FROM TIME TO TIME BY YOU AND THAT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME A RENTAL COMMENCES WILL GOVERN THAT RENTAL. Changes to the Terms and Conditions will be posted as they occur on the budget.com website under the section labeled " Programs, Rental Agreement." The Terms and Conditions governing Fastbreak in countries not included in this Agreement, but which are subsequently added to Fastbreak, will be the Terms and Conditions contained in the rental agreement provided in the country which the rental commences.
2. RESERVATIONS: I understand that: I must make an advance reservation for each Rental;that you may prescribe a minimum advance time for making a reservation ,; I must inform you that this will be a Fastbreak Rental; I must provide my Fastbreak Number to you; and I must provide the pick-up and return dates and locations for the Rental, and you will provide me with the estimated time and mileage (or kilometer) rates for the Rental. I consent to the reservation of credit by you in order to authorize the Rental, with the issuer of any of the credit cards on the my Enrollment Form. Solely upon my request, you will provide me with the applicable charges in effect at time of Rental for optional services selected by me on my Enrollment Form
3. RENTAL: At the time of each Rental, I will obtain the car in one of two ways. Depending on the Fastbreak location, I will either select a car or, will obtain the pre-assigned car, from the designated area at the location . I will drive the selected or pre-assigned car to the exit booth, where I will show the Fastbreak hang tag attached to the car's rearview mirror that contains the Rental document, my valid driver's license and my Fastbreak credentials to your gate attendant. I understand that in some states, a signature comparison with my driver's license may be required before I am allowed to leave the location. Certain of your locations in Canada and other countries, and countries subsequently added to the Fastbreak program, may require me to sign a local rental agreement, which terms are controlling over this Agreement for Rentals commencing in that country . At the end of the Rental, I will return the car to the return location specified in the Rental document created at the start of the Rental. . I will be responsible for all applicable time and mileage (kilometer) rates, charges, optional services selected on Enrollment Form, miscellaneous services, sales, use and excise taxes, including tax related surcharges for the recovery of vehicle license fees, concession recovery fees, consolidated facility charges (in California $10/contract), Fuel Service or gas option charges, Frequent Flyer surcharges, electronic bridge and road tolls in Canada and any and all applicable surcharges in effect at time and place of the Rental.
4. PARTICIPATING FASTBREAK LOCATIONS: I understand that the locations where Fastbreak is available can change from time to time without notice to me and that I can be informed of the specific locations participating in Fastbreak by requesting this information at the time I reserve a Rental.
5. MEANING OF CAR: The word "car" in this Agreement means the rented vehicle or its replacement and includes its tires, glass, tools, equipment, accessories, plates and documents.
ADDITIONAL TERMS AND CONDITIONS
FOR FASTBREAK RENTALS IN U.S. AND CANADA
1. AUTHORIZED DRIVERS: Only me and the following people who are at least 25 years old, have a valid driver's license and have my express permission to drive the car are "Authorized Drivers" and may operate the car:
(a.) in the U.S.,my 's spouse or significant other residing at the same address as me as evidenced by that person's driver's license ; and
(b.) in the U.S., my employer, regular fellow employees incidental to business duties with me.
(c ) only when required by applicable law, valet parking attendants while parking the car at a commercial establishment, or anyone operating the car during an imminent emergency to the extent necessary to avoid bodily harm or damage to the car or the property of others, are also "Authorized Drivers."
I AGREE THAT I AM FINANCIALLY RESPONSIBLE FOR ANY AND ALL INJURY AND DAMAGE CAUSED BY ANY DRIVER WHO IS NOT AUTHORIZED BY YOU TO DRIVE THE CAR WHO I PERMIT TO DRIVE THE CAR.
IN THE U.S., DRIVERS IN ADDITION TO THE ABOVE PERSONS CAN ONLY BE PERMITTED TO BE AUTHORIZED DRIVERS BY PROCEEDING THROUGH A STANDARD RENTAL TRANSACTION AT THE RENTAL COUNTERAT THE TIME OF RENTAL. Any such person must appear at that time, must be at least 25 years old, show a valid driver's license and demonstrate financial responsibility, which includes an acceptable credit card. You may charge an additional fee for allowing such person to drive the car.
IN CANADA, MY SPOUSE, SIGNIFICANT OTHER RESIDING AT THE SAME ADDRESS AS ME AS EVIDENCED BY THAT PERSON'S DRIVER'S LICENSE, MY EMPLOYER, REGULAR FELLOW EMPLOYEES INCIDENTAL TO BUSINESS DUTIES WITH ME , CAN BE AUTHORIZED BY BUDGET AS AUTHORIZED DRIVERS UNDER THIS AGREEMENT BUT ONLY WHEN NAMED BY ME AT TIME OF RESERVATION . OTHERWISE, ALL ADDITIONAL DRIVERS, CAN ONLY BE AUTHORIZED BY BUDGET BY PROCEEDING THROUGH A STANDARD RENTAL TRANSACTION AT THE RENTAL COUNTERAT THE TIME OF RENTAL. YOU MAY CHARGE AN ADDITIONAL FEE FOR ALLOWING SUCH PERSON TO DRIVE THE CAR.
2. PROHIBITED USE OF THE CAR/USE RESTRICTIONS:
I will not use or permit the car to be used:
1) to carry passengers or property for hire;
2) to tow or push anything;
3 ) to be operated in a test, race or contest or on unpaved roads;
4) while the driver is under the influence of alcohol or a controlled substance;
5) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband;
6) recklessly or while overloaded;
7) outside of the United States or Canada, with your permission being required to operate the car outside of the country in which it is rented,
It is also a violation of this provision if I or an additional driver, authorized or not:
8) f ail to promptly report an accident or other reportable incident to the police and you;
9) fail to provide you with an accident or incident report or fail to cooperate fully with the investigation of same;
10) obtained the car through fraud or misrepresentation;
11) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized.;
12) intentionally damage or permit the car to be damaged or drive the car after it is damaged causing further damage.
13) FOR VEHICLES RENTED IN HAWAII, on Forest Reserve Road/Waikolu Lookout, Island of Molokai or on Saddle Road/Route 200 or Waipio Valley Road, Island of Hawaii (except for government with official duty orders requiring travel on Saddle Road/Route 200);
14) FOR RENTALS IN CANADA: by any person whose driving
ability is impaired, including by medical conditions, drowsiness or fatigue or who refuses to perform any test of impairment when lawfully requested to do so as evidence of such impairment.
I also understand that neither I nor any additional driver, authorized or not, is permitted to alter the car or have the car repaired without your express permission in advance and I will pay for removing any such unauthorized alterations or for any such unauthorized repairs.
I UNDERSTAND THAT A VIOLATION OF THESE PROVISION S AUTOMATICALLY TERMINATES MY RENTAL, VOIDS ALL LIABILITY PROTECTION PROVIDED BY YOU AND ANY OPTIONAL SERVICES THAT I HAVE SELECTED AND ACCEPTED, AND MAKES ME LIABLE TO YOU FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, AND ALL RELATED LEGAL EXPENSES. YOU MAY ALSO TERMINATE MY MEMBERSHIP IN FAST BREAK AND MY RENTAL PRIVILEGES.
3. LOSS OR DAMAGE:TO THE CAR
(a.)LOSS DAMAGE WAIVER(LDW):., YOU OFFER OPTIONAL LDW FOR AN ADDITIONAL DAILY CHARGE. LDW IS NOT INSURANCE AND NOT MANDATORY, BUT IF I ACCEPT LDW FOR AN ADDITIONAL DAILY FEEAND THE CAR IS OPERATED IN ACCORDANCE WITH THIS AGREEMENT, YOU ASSUME ALL LOSS OR DAMAGE TO THE CAR EXCEPT FOR MY AMOUNT OF "RESPONSIBILITY", IF ANY IS SPECIFIED ON THE RENTAL DOCUMENT FOR A RENTAL. I PURCHASE LDW FOR EACH RENTAL BY INITIALING ACCEPTANCE OF LDW ON THE ENROLLMENT FORM. If I accept LDW then for each Rental I'll pay the rate for LDW in effect at the time and place where each
Rental begins as stated on the Rental document for a full day even if I don't have the car for the entire day. The total LDW fee for each Rental is the applicable rate per day multiplied by the number of days of my Rental. The rate may vary by location and by class of car rented. The specific rate for LDW for each
Rental will be available to me upon my request at the time of reservation. LDW may also be described in any applicable CorpRate agreement, Corporate Account agreement or other applicable rate agreement. If the law of a jurisdiction covering a Rental requires conditions on LDW that are different from the terms of this Agreement that law prevails.I UNDERSTAND THAT I SHOULD CONSULT WITH MY INSURANCE CARRIER AND/OR MY CREDIT CARD ISSUER TO DETERMINE IF LDW IS DUPLICATIVE OF
COVERAGE THAT I MAY ALREADY HAVE.
(b.) Except as described below, if I do not accept LDW, I will owe for all loss or damage to the car regardless of fault (unless my liability for ordinary negligence is prohibited by law) whether due to theft, collision, vandalism, or any other cause except accidental fire or explosion, or natural causes. If the car is stolen or damaged, I'll pay its retail fair market value before theft or damage less salvage, unless your repair cost plus the diminution of the car's value after repairs is less and you are not required by law to salvage the car, in which case I'll pay the latter amount. I'll also pay loss of use based on reasonable downtime or as specified by law, plus a reasonable administrative fee determined by you or specified by law (except for theft if the car is not recovered), plus towing and storage charges, all of which are also part of the "loss". Whether or not I accept LDW , I'm responsible for the loss if I or an additional driver, authorized or not , violate paragraph 2 above. If my own insurance or my charge card issuer covers my responsibility for loss or damage, as applicable, I will identify my insurer and policy number or my card issuer and its insurer. I authorize you to collect any loss directly from the insurer. I authorize you to collect any loss from a third party responsible for the damage. You will refund any sum you collect exceeding the loss.
STATE AND CANADA NOTICES
(c.) In New York, if the renter electsto purchase LDW for a rental of two (2) days or more, the renter may void the purchase of LDW within the first 24 hours by returning to any Budget location and executing a new rental agreement.
(d.) FOR CARS AND PASSENGER VANS FOR TEN (10) OR
FEWER PEOPLE RENTED IN ILLINOIS: The renter is responsible for all physical or mechanical damage to the vehicle up to $9,000 through May 31, 2000, and increasing by $500 on June 1 of each year beginning June 1, 2000, regardless of fault, due to collision, vandalism, acts of God, accidental fire or any other cause except vehicle theft. For vehicle theft, the renter is responsible for all loss or physical or mechanical damage to the vehicle up to $2,000, regardless of fault, provided, however, that if the renter or Authorized Driver fail to exercise ordinary care while in possession of the vehilce and such failure is a cause of vehicle theft, then the renter is responsible for all loss or physical or mechanical damage to the vehicle up to $9,000 through May 31, 2000, and increasing by $500 on June 1 of each year beginning June 1, 2000. Physical or mechanical damage is determined by the lesser of the following: (i) the actual and reasonable costs incurred, or which would have been incurred, to repair the vehicle; or (ii) the retail fair market value of the vehicle immediately before the damage occurred. THE RENTER MAY AVOID THESE RESPONSIBILITIES BY PURCHASING OPTIONAL LDW. If the renter elects to buy LDW and there is no violation of a use restriction (Paragraph 2, above), Budget waives the renter's's responsibilities for any vehicle loss and damage. HOWEVER, IF THERE IS A VIOLATION OF A USE RESTRICTION, LDW IS VOID AND THE RENTER IS RESPONSIBLE FOR ALL VEHICLE LOSS AND DAMAGE AS DESCRIBED ABOVE, PROVIDED, HOWEVER, THAT ANY ACT OF THEFT, AIDING AND ABETTING THEFT OR VANDALISM OF THE VEHICLE BY THE RENTER IS OUTSIDE THE PROVISIONS OF THIS AGREEMENT, VOIDS LDW, AND CAUSES TO BE RESPONSIBLE FOR ALL VEHICLE LOSS AND DAMAGE, RELATED EXPENSES, LOSS OF USE AND AN ADMINISTRATIVE CHARGE DESCRIBED IN PARAGRAPH 3(b) ABOVE.
(e.) FOR CARS AND PASSENGER VANS RENTED IN INDIANA, IOWA AND NEVADA, AND FOR CARS AND PASSENGER
VANS FOR TEN (10) OR FEWER PEOPLE RENTED IN CALIFORNIA: REGARDLESS OF FAULT, THE RENTER IS RESPONSIBLE FOR collision damage (up to the fair market value of the vehicle), related expenses, Budget's loss of use and an administrative charge for expenses associated with processing the loss and damage claim and for vandalism unrelated to theft, related expenses and Budget's loss of use (UP TO $500 for such vandalism, related expenses and loss of use IN NEVADA; NOT LIMITED IN INDIANA AND IOWA). If the renter or an Authorized Driver fails to exercise ordinary care while in possession of Vehicle (such as failing to possess the vehicle's ignition key or failing to establish that the key was not in the vehicle at the time of the theft) and fails to file an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and fails to cooperate in providing information concerning the theft, or if an Authorized Driver aided or abetted in or committed the theft and/or vandalism, the renter may be responsible for theft of the vehicle and related vandalism, plus Budget's loss of use and related expenses. THE RENTER MAY AVOID RESPONSIBILITY FOR COLLISION DAMAGE AND FOR VANDALISM UNRELATED TO THEFT (INCLUDING BUDGET'S LOSS OF USE AND RELATED EXPENSES) BY PURCHASING OPTIONAL LDW. If the renter buys LDW and there is no violation of a Use Restriction (Paragraph2), the renter is not responsible for collision damage and for vandalism unrelated to theft, including Budget's loss of use and related expenses. IF THERE IS A VIOLATION OF A USE RESTRICTION ( PARAGRAPH2, ABOVE) LDW IS VOID AND THE RENTER IS RESPONSIBLE FOR ALL VEHICLE LOSS AND DAMAGE, RELATED EXPENSES, LOSS OF USE AND AN ADMINISTRATIVE CHARGE AS DESCRIBED ABOVE. IN CALIFORNIA, LDW DOES NOT APPLY TO THE RENTER'S RESPONSIBILITY FOR VEHICLE THEFT AND RELATED VANDALISM.
(f.) FOR CARS AND PASSENGER VANS RENTED IN WISCONSIN: REGARDLESS OF FAULT, THE RENTER AND AUTHORIZED DRIVERS ARE RESPONSIBLE FOR physical or mechanical damage caused by collision or upset of the vehicle, regardless of fault, and for loss of and physical or mechanical damage to the vehicle caused intentionally or through reckless or wanton misconduct, plus actual towing and storage costs (for not more than two (2) days). THE RENTER MAY AVOID RESPONSIBILITY FOR DAMAGE CAUSED BY COLLISION OR UPSET BY PURCHASING OPTIONAL LDW FOR PASSENGER VEHICLES. If the renter elects to buy LDW and there is no violation of a use restriction (Paragraph2, above), Budget waives the renter's and Authorized Driver's responsibility for damage caused by collision or upset. IF THERE IS A VIOLATION OF A USE RESTRICTION , LDW IS VOID AND THE RENTER OR AUTHORIZED DRIVER IS RESPONSIBLE FOR ALL LOSS OF AND DAMAGE TO THE VEHICLE AS DESCRIBED ABOVE. LDW DOES NOT APPLY TO DAMAGE TO THE VEHICLE CAUSED INTENTIONALLY OR THROUGH RECKLESS OR WANTON MISCONDUCT.
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(g.) FOR VEHICLES RENTED IN CANADA: THE RENTER IS RESPONSIBLE FOR all loss of and damage to the vehicle as permitted by provincial law (including, but not limited to, any loss or damage caused by collision, accident, theft, vandalism, or any other cause except accidental fire or explosion or natural causes). If the vehicle is stolen or damaged, the renter will pay the vehicle's fair market value before theft or damage less salvage unless Budget's repair cost plus the diminution of the vehicle's value after repairs is less and Budget is not required by law to salvage the vehicle, in which case the renter will pay the latter amount. The renter will also pay actual towing, storage, impound and all other related expenses, plus Budget's loss of use and an administrative charge for expenses associated with processing the loss and damage claim. If there is no violation of a use restriction (Paragraph2, above) and the renter purchases LDW, the renter may limit this vehicle responsibility up to a specific Canadian dollar amount in effect at the time and location when each Rental begins, and may depend on the age of the renter and the type of Vehicle rented. The specific amount of this vehicle responsibility if LDW is purchased will be available to the renter, on request. at time of reservation If there is a violation of a use restriction , LDW is void and the renter is responsible for all vehicle loss and damage, related expenses, loss of use and an administrative charge, as described in Paragraph 3(b), above.
By signing the Enrollment Form, I acknowledge reading all of the LDW notices and other notices contained in this Agreement, and I waive the right or obligation to read such notices at time of Rental.
LDW NOTICE FOR VEHICLES RENTED IN THE U.S.: IF I HAVE PERSONAL AUTOMOBILE COLLISION INSURANCE, IT MAY COVER ALL OR PART OF MY RESPONSIBILITY. IF I HAVE COMPREHENSIVE COVERAGE, IT MAY COVER THEFT AND VANDALISM. IF I HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR VALID AND COLLECTIBLE COLLISION AND COMPREHENSIVE INSURANCE ON MY OWN VEHICLE, WHICH APPLIES TO RENTAL VEHICLES, BEFORE DECIDING WHETHER TO PURCHASE LDW, I AM HEREBY ADVISED BY YOU THAT I SHOULD CHECK WITH MY INSURANCE AGENT OR INSURANCE COMPANY OR EXAMINE MY CREDIT CARD TERMS, FOR THE CARD I USE TO RENT AND ANY PERSONAL AUTO POLICY FOR THE EXTENT OF COVERAGE AND THE DEDUCTIBLE, IF ANY. IF SUCH INSURANCE COVERAGE EXISTS, YOU WILL FIRST SUBMIT CLAIMS FOR APPLICABLE LOSS OR DAMAGE TO MY INSURANCE COMPANY.THE PURCHASE OF LOSS DAMAGE WAIVER IS OPTIONAL, NOT MANDATORY AND MAY BE DECLINED.
LDW NOTICE FOR VEHICLES RENTED IN ILLINOIS, KANSAS, MARYLAND, MISSOURI AND NEW YORK: COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE - OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE COLLISION DAMAGE AND CAR RENTAL INSURANCE PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.
LDW NOTICE FOR VEHICLES RENTED IN MARYLAND: ATTORNEY GENERAL OF MARYLAND CONSUMER PROTECTION DIVISION" STOP. PLEASE READ BEFORE SIGNING A CAR RENTAL AGREEMENT
The car rental company is asking you to pay an additional charge for a Collision (or Loss) Damage Waiver.
1. This waiver will only cover your liability for some or all damage to the rental car itself.
2. Personal Injuries or other losses are not covered.
BEFORE YOU AGREE TO PAY FOR A COLLISION DAMAGE WAIVER, YOU SHOULD KNOW THAT:
1. You probably do not need a Collision Damage Waiver.
(a.) IF YOU RESIDE IN MARYLAND AND HAVE AN AUTOMOBILE INSURANCE POLICY WITH COLLISION COVERAGE, YOUR COLLISION COVERAGE IS REQUIRED BY LAW TO ALSO COVER PASSENGER CARS YOU RENT FOR 30 DAYS OR LESS. Your own policy, for both Maryland residents and non-residents, may provide greater coverage for longer periods; or
(b.) If you rent the car with a credit card, your credit card may provide coverage for damage to rental cars.
2. Even if you buy a Collision Damage Waiver, you may still be held responsible for some or all damage to a rental car. A Collision
Damage Waiver may not cover all types of damage to a rental car, and has important conditions, restrictions and exclusions, which, if violated, may void the waiver.
3. You do not have to purchase a Collision Damage Waiver. You can decline it.
SUMMARY OF TERMS AND CONDITIONS OF THE COLLISION OR LOSS DAMAGE WAIVER BEING OFFERED TO YOU:
1. Cost: The cost of the Collision Damage Waiver is the applicable charge per day in effect at time of rental in addition to the rental charge itself.
2. Types of damage for which you are legally responsible if you purchase the Collision Damage Waiver: This car rental agreement generally requires you to accept responsibility for all damage to or loss of the rental car, whether or not you are at fault. If you purchase the Collision Damage Waiver, and comply fully with this Agreement, your responsibility is limited to the types of damage listed below:
(a.) Collision or Accident where you are at fault;
(b.) Collision or Accident where you are not at fault;
(c.) Theft;
(d.) Vandalism;
(e.) Fire;
(f.) Acts of Nature; or
(g.) Other.
No items above are marked because if you purchase LDW and there are no violations of any use restrictions (described in Paragraph2, above) the waiver of your responsibility for the vehicle is not limited.
3. Conditions, Restrictions and Exclusions that will void the Collision Damage Waiver: Even if you purchase the Collision Damage Waiver, it will be voided and you will be responsible for the full value of any damage to the rental car if any of the following happens: violation of any of the use restrictions (described in Paragraph 2above.)"
LDW NOTICE FOR VEHICLES RENTED IN RHODE ISLAND:
"NOTICE TO CONSUMERS: Budget Rent A Car (Budget) is offering a "Loss Damage Waiver" for an additional charge per day. In exchange for this payment, Budget waives its right to hold you (the renter) responsible for collision damage to the vehicle while it is in your possession, except as provided in Paragraph 2 of this notice below. Before purchasing this waiver from Budget, you should consider the following:
1. You do not have to purchase LOSS DAMAGE WAIVER. You may decline it.
2. Your own automobile insurance policy or credit card may already cover damage to rental vehicle. You should check with your insurance company or credit card provider to determine what damages are covered and your deductible amount. If you do not have such coverage, you may wish to purchase it from your insurance company. Your insurance company may give better coverage and protection at a lower price than that charged for LOSS DAMAGE WAIVER.
3. Even if you purchase LOSS DAMAGE WAIVER, you and Authorized Drivers will be held responsible for all damages to the rental vehicle if you use or operate the vehicle:
(a.) if you allow anyone other than the drivers authorized by this Agreement to drive the vehicle;
(b.) if you damage the vehicle intentionally or in a willful wanton or reckless manner;
(c.) while under the influence of drugs, or are legally intoxicated, or other substances that would impair driving ability;
(d.) for any illegal purpose such as transporting drugs, explosives or contraband;
(e.) it is obtained by fraud or misrepresentation;
(f.) if you fail to immediately report to the Police and Budget any accident, theft, vandalism or other damage to the vehicle;
(g.) off-paved roads;
(h.) to carry people or property for hire;
(i.) to tow or push anything;
(j.) in any race, test or contest;
(k.) to teach driving;
(l.) to carry passengers outside the passenger compartment or when loaded beyond its rated capacity; or
(m.) beyond the geographical area authorized in this Agreement.
Before signing the Enrollment Form and agreeing to the terms of this Agreement, I acknowledge and understand the information contained in this NOTICE TO CONSUMERS.
NOTICE TO TEXAS RESIDENTS REGARDING DAMAGE WAIVERS:Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to nonrenew your policy at your renewal date, but may do so only if you are at fault for the claim.
IF I HAVE AN AUTOMOBILE POLICY ISSUED IN LOUISIANA, MARYLAND, MASSACHUSETTS OR MINNESOTA THAT PROVIDES MY PERSONAL VEHICLE WITH COLLISION COVERAGE, MY POLICY WILL AUTOMATICALLY EXTEND THAT COLLISION COVERAGE (AND LOSS OF USE IN MINNESOTA) TO THE RENTAL CAR (AND PASSENGER VANS IN LOUISIANA AND MINNESOTA), LESS ANY DEDUCTIBLE. IN MASSACHUSETTS, IF I HAVE WITH COMPREHENSIVE COVERAGE I MAY BE COVERED FOR ACTS OF GOD, ACCIDENTAL FIRE, THEFT AND VANDALISM.
EXCEPT AS DESCRIBED IN PARAGRAPH 5(b), BELOW, TO THE EXTENT ALLOWED BY LAW, ALL VALID AND COLLECTIBLE LIABILITY INSURANCE AND/OR OTHER PROTECTION AVAILABLE TO THE DRIVER OF THE RENTAL VEHICLE IS PRIMARY.
4. LIABILITY PROTECTION:
IF THERE IS A VIOLATION OF A USE RESTRICTION IN PARAGRAPH 2, ABOVE, ALL LIABILITY PROTECTION DESCRIBED BELOW AND ALL APPLICABLE NO-FAULT BENEFITS DESCRIBED IN PARAGRAPH 5,BELOW, ARE VOID,TO THE EXTENT ALLOWED BY APPLICABLE LAW.
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(a.) FOR VEHICLES RENTED IN CALIFORNIA AND TEXAS:
THERE IS NO LIABILITY PROTECTION INCLUDED WITH THE RENTAL. I understand that Authorized Drivers are excluded from any insurance policy that may be available to you in California and Texas.
(b.) FOR VEHICLES RENTED IN UTAH AND MISSOURI:
YOU DO NOT PROVIDE AUTHORIZED DRIVERS WITH PRIMARY AUTOMOBILE LIABILITY PROTECTION, UNLESS IF THE AUTHORIZED DRIVERS ARE NOT INSURED WITH LIABILITY PROTECTION, BUT ONLY TO THE MINIMUM FINANCIAL RESPONSIBILITY LIMITS REQUIRED BY APPLICABLE LAW.
(c.) FOR VEHICLES RENTED IN CANADA, ARIZONA, DELAWARE, MARYLAND (EXCEPT AS DESCRIBED BELOW), MASSACHUSETTS, MICHIGAN, MINNESOTA, NEBRASKA, NEW HAMPSHIRE, NEW YORK, PUERTO RICO, SOUTH CAROLINA, VIRGINIA OR WEST VIRGINIA: IF THERE IS NO VIOLATION OF A USE RESTRICTION (PARAGRAPH 2, ABOVE), YOU PROVIDEALL AUTHORIZED DRIVERS WITH PRIMARY AUTOMOBILE LIABILITY PROTECTION for bodily injury (including death) and property damage to others resulting from their use and operation of the Vehicle, BUT ONLY TO THE MINIMUM FINANCIAL RESPONSIBILITY LIMITS REQUIRED BY APPLICABLE LAW.
(d.) FOR VEHICLES RENTED IN ALL OTHER STATES, IN MARYLAND (WHEN THE VEHICLE IS USED OR OPERATED AS A REPLACEMENT VEHICLE WHILE A VEHICLE OWNED BY ME IS NOT IN USE BECAUSE OF BREAKDOWNS, REPAIR, SERVICE OR DAMAGE) AND THE DISTRICT OF COLUMBIA: IF THERE IS NO VIOLATION OF A USE RESTRICTION (PARAGRAPH 2, ABOVE),
Except in California and Texas, anyone driving the car as permitted by this Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the driver and/or the renter up to the minimum financial responsibility limits required by applicable law. The limit for bodily injury sustained by one person includes any claim for loss of that person's consortium or services. Where the law extends coverage to a non-permitted driver, the same limits will apply. Such coverage will be provided by you according to the terms, and subject to all of the conditions, of a standard automobile liability insurance policy, including all requirements as to notice and cooperation on my part, which are hereby made a part of this agreement. You can provide coverage under a certificate of self-insurance or an insurance policy, or both as you choose. In any case, a copy of the policy and/or certificate will be available for my inspection at your main office. I understand that unless required by applicable law, you will not provide (a) coverage for fines, penalties, punitive or exemplary damages, (b) coverage for bodily injury to, or death of, myself while not a driver, or any member of my family or the driver's family, (c) defense against any claim after applicable limits of coverage that you furnish have been tendered, (d) supplementary no fault, non-compulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage, and you and I reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under applicable statute. There is no coverage in Mexico.
(e.) FOR VEHICLES RENTED IN FLORIDA:
THE VALID AND COLLECTIBLE LIABILITY INSURANCE AND PERSONAL INJURY PROTECTION INSURANCE OF ANY AUTHORIZED RENTAL OR LEASING DRIVER IS PRIMARY FOR THE LIMITS OF LIABILITY AND ANY PERSONAL INJURY PROTECTION COVERAGE REQUIRED BY S.S. 324.021(7) AND 627.736, FLORIDA STATUTES.
(f.) FOR VEHICLES RENTED IN RHODE ISLAND: MY LIABILITY INSURANCE IS PRIMARY AND YOUR INSURANCE IS EXCESS TO ANY OTHER VALID AND COLLECTIBLE INSURANCE.
(g.) FOR VEHICLES RENTED IN MICHIGAN: NOTICE:
THE MICHIGAN MINIMUM FINANCIAL RESPONSIBILITY LIMITS FOR BODILY INJURY ARE $20,000 BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON IN ANY ONE ACCIDENT AND $40,000 BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS IN ANY ONE ACCIDENT. BUDGET'S LIABILITY PROTECTION AS DESCRIBED ABOVE APPLIES ONLY IF THE INJURY IS CAUSED BY AN AUTHORIZED DRIVER (AS DEFINED IN PARAGRAPH 1, ABOVE) OR BY MY FATHER, MOTHER, BROTHER, SISTER, SON, DAUGHTER OR OTHER IMMEDIATE FAMILY MEMBER. I AM LIABLE TO YOU FOR CLAIMS OF AUTOMOBILE LIABILITY PROTECTION THAT EXCEED THE PROTECTION PROVIDED BY YOU AS DESCRIBED ABOVE. I AM ALSO LIABLE TO INJURED PERSONS FOR AMOUNTS AWARDED TO THEM IN EXCESS OF THE PROTECTION PROVIDED BY YOU AS DESCRIBED ABOVE.
Subject to applicable no-fault law, YOUR LIABILITY PROTECTION DOES NOT APPLY TO bodily injury (including death) or property damage to me or any other Authorized Driver or the Authorized Driver's family members related by blood, marriage or adoption who reside with meor an Authorized Driver, or any other person who resides with me or an Authorized Driver.
YOUR LIABILITY PROTECTION DOES NOT INCLUDE uninsured or underinsured motorist or motor vehicle or other insurance, that is optional or can be waived or rejected, and specifically waives and rejects all such insurance. TO THE EXTENT APPLICABLE LAW REQUIRES THAT BUDGET PROVIDE LIABILITY PROTECTION OTHER THAN AS DESCRIBED ABOVE, IT WILL NOT EXCEED THE MINIMUM FINANCIAL RESPONSIBILITY LIMITS. "Minimum financial responsibility limits," as used in this Agreement, refers to the minimum amount of protection that is required to establish financial responsibility under applicable law.
SPECIFIC REJECTION OF PERSONAL INJURY PROTECTION IN MARYLAND: By executing this rental agreement (the Enrollment Form), I specifically agree to waive in writing any personal injury protection coverage that would provide certain medical and disability benefits to me, any Authorized Driver and any injured passenger in the car.
SPECIFIC REJECTION OF UNINSURED MOTORIST PROTECTION FOR CARS RENTED IN PENNSYLVANIA: I am rejecting uninsured motorist coverage under this rental or lease agreement, and any policy of insurance or selfinsurance issued under this Agreement, for me and all other passengers in the car. Uninsured coverage protects me and other passengers in the car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or whose insurance is insufficient to pay for losses and damages.
FOR VEHICLES RENTED IN CONNECTICUT: Uninsured or underinsured motorist claims must be filed within three years of the date of the accident.
(h.) OTHER LIABILITY PROTECTION MAY BE AVAILABLE AT PARTICIPATING FASTBREAK LOCATIONS IF A RENTAL IS SUBJECT TO A BUDGET CORPRATE, GOVERNMENT OR SIMILAR RATE AGREEMENT. Terms of protection are contained in the applicable rate agreement which terms supersede those contained herein.
(i.) SUPPLEMENTAL LIABILITY INSURANCE ("SLI") IF I ELECT TO PURCHASE THE OPTIONAL SLI BY INITIALING THE ACCEPTS BOX ON THE ENROLLMENT FORM, where available, I'll pay the applicable daily charge for SLI . In that case, the limits of liability protection shall be $1,000,000 for each person for bodily injury, death, or property damage, but not more than $1,000,000 for each accident, instead of the limits stated in this paragraph 4 above. This additional coverage will be provided to an Authorized Driver, under a separate policy of excess liability insurance more fully described in the available brochure, and is subject to all of the conditions and limitations described in this paragraph 4 as it applies to the state in which a Rental commences, except that notwithstanding anything contained in this Agreement, the terms of the policy will at all times control. I understand that I will be charged the then current rate per day for SLI a full day even if I don't have the car for the entire day. SLI is offered by an independent insurer.
In Canada, SLI coverage is not available.
(j.) PERSONAL ACCIDENT AND EFFECTS INSURANCE ("PAE") IF I ELECT TO PURCHASE OPTIONAL PAE BY INITIALING THE ACCEPTS BOX ON THE ENROLLMENT FORM, where available, I'll pay for it. I understand I will be charged the then current rate for a full day even if I don't have the car the entire day. PAE is offered by an independent insurer. PAE provides some medical, death and dismemberment benefits for bodily injury that results from an accident, and some protection against loss of or damage to certain personal effects. When purchased PAE PROVIDES THE FOLLOWING MAXIMUM BENEFITS FOR ACCIDENTAL BODILY INJURY:
(i.) I receive the following protection during the entire rental period, both in and out of the car:
(aa.) Accidental Death and Dismemberment up to $100,000 (up to $175,000 in New York and Minnesota); and
(bb.) Medical Expenses up to $3,500.
(ii.) Passengers (including other Authorized Drivers while operating the car) receive the following protection while occupying the Vehicle:
(aa.) Accidental Death and Dismemberment up to $10,000 (up to $17,500 in New York and Minnesota); and
(bb.) Medical Expenses up to $3,500.
PAE DOES NOT PROVIDE ANY BENEFITS FOR INJURIES OR DEATH RESULTING FROM:
(i.) use of the car in violation of a use rRestriction in this Agreement;
(ii.) commission of an assault or felony;
(iii.) intentionally self-inflicted injury or suicide;
(iv.) participation in a race, speed or endurance contest;
(v.) disease, illness or bacterial infection;
(vi.) pre-existing conditions;
(vii.) air travel, except as a passenger on a scheduled airline flight;
(viii.) accidents while I am driving or riding in any vehicle being used as a taxi, bus or other public vehicle; or
(ix.) the use of any narcotic or alcohol, except as prescribed by a licensed, qualified physician.
PAE ALSO PROVIDES COVERAGE FOR SOME LOSS OF OR DAMAGE TO CERTAIN PERSONAL PROPERTY owned by and for my personal use , or of my spouse and minor children residing with me while traveling with me. Personal property, while contained in the car, is covered for damages directly caused by:
(i.) accident to the car;
(ii.) theft from the car if it was securely locked, the theft was reported to the appropriate police authority and there exists signs of forced entry into the car; and
(iii.) fire, explosion or lightning.
PAE PROVIDES THE FOLLOWING COVERAGE ON AN ACTUAL CASH VALUE BASIS FOR THE LOSS TO PERSONAL PROPERTY:
(i.) personal property limit per person: $600;
(ii.) personal property limit per Vehicle: $1,800; and
(iii.) deductible per person: $25.
PAE DOES NOT COVER:
(i.) currency, coins, stamps, tickets, deeds and documents;
(ii.) contact lenses, eyeglasses and prosthetic devices;
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(iii.) jewelry, furs and fine art;
(iv.) food, liquor, medication, plants, animals and other perishable goods;
(v.) audio visual equipment, televisions, video cameras and camcorders; and
(vi.) cellular phones, CB radios, tape players, radios and
other sound reproducing or receiving equipment.
PAE ALSO DOES NOT COVER LOSS OR DAMAGE CAUSED BY, DURING OR ARISING OUT OF:
(i.) use of the car in violation of a use restriction in this Agreement, or loss or damage to personal property resulting from loading or unloading of personal property; or
(ii.) mysterious disappearance.
In Canada, the PAE coverages are different than the coverages described above, and the specific coverages offered at participating locations in Canada prevail. Terms of these coverages are available at rental counters in Canada and upon request.
The fees for SLI and/or PAE, , are those fees in effect at the time and location where each Rental begins. The specific fees for SLI and/or PAE will be available on request at time of reservation.
5. MY INDEMNIFICATION AND WAIVER:
.I agree to indemnify you for and hold you harmless from any loss, liability and expense that you incur arising out of the use of the car, including reasonable attorney's fees: (a) which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable state or the limits of any liability insurance that you furnish to me, (b) which results from any unauthorized use or prohibited operation of the car. I waive any claim against you for incidental, special or consequential damages in connection with the Rental. If the Rental takes place at a location operated by a Budget System Licensee and a claim relating to this transaction is made against Budget Rent A Car System, Inc. that alleges unfair, deceptive or unconscionable conduct that renting Budget's licensee agrees to indemnify and hold Budget Rent a Car System, Inc. harmless from and against such claim, including the related costs and expenses
6. FUEL SERVICE CHARGE:If the fuel service option is available, but I do not accept the fuel service option, I'll pay a fuel service charge (as specified on the Rental Document) if I return the car with less fuel than when rented. a) If I did not purchase fuel this charge will be the rate per mile/kilometer as specified on the Rental document multiplied by total miles driven as specified on the Rental Document. b) If I purchased fuel, this charge will be the rate per gallon as specified on the Rental Document multiplied by the number of gallons/liters required to refill the tank (by reading factory installed gauge.) In such case, if you request, I must provide you with a receipt for the purchase of fuel. Otherwise, I will pay the rate per mile/kilometer noted above.
If the fuel service option is available and I accept the option, the cost of such purchase is as specified on the Rental document. By accepting the fuel service option, I will not incur any additional fuel service charge and I will not receive credit for unused fuel at return. I acknowledge that the fuel service option or fuel service charge is not a retail sale of fuel..
FOR VEHICLES RENTED IN HAWAII: FUEL CREDITS:
(a.) IF I BUY A FULL TANK OF FUEL AT THE BEGINNING OF THE RENTAL AND RETURN THE CAR WITH A FULL TANK OF FUEL, I will receive a credit for the amount charged for the full tank of fuel at the beginning of the Rental.
(b.) IF I BUY A FULL TANK OF FUEL AT THE BEGINNING OF THE RENTAL AND RETURN THE CAR WITH LESS THAN A FULL TANK OF FUEL AND THE CAR IS DRIVEN 100 MILES OR LESS, I receive a credit for the amount charged for the full tank of fuel at the beginning of the Rental and a refueling charge applies as described above.
(c.) IF I RETURN THE CAR WITH MORE FUEL THAN WHEN RECEIVED and the renting location has reasonably accessible refueling facilities, I receive a credit for the excess fuel (based upon fuel-gauge readings). If the renting location does not have reasonably accessible refueling facilities, no credit applies.
7. WHEN AND WHERE I'LL RETURN THE CARI'll return the car on the date indicated on the Rental Document. I'll return it sooner on your demand. The car must be returned to the agreed return location as specified on the Rental Document. A rate change or special charges may apply if returned to a different location.
8. REPOSSESSING THE CAR: You can repossess the car anytime it is found illegally parked, being used to violate the law or the terms of this Agreement, or appears to be abandoned. You can also repossess anytime you discover that a misrepresentation was made to obtain the car. You needn't notify me in advance. You are not responsible for loss of or damage to any property in or on the car, in any service vehicle, on your premises, or received or handled by you, regardless of who is at fault. I'll be responsible to you for claims by others for such loss or damage. If the car is repossessed, I agree to pay the actual and reasonable cost incurred by yiu to repossess the car. I agree that such cost shall be charged to the credit card I used to rent the car.
WARNINGS:
FOR VEHICLES RENTED IN ARIZONA:
I shall be in violation of ARS 13-1806 if the car is not returned within 72 hours of the due date and time specified and shall be subject to imprisonment up to 1.9 years and a fine up to $150,000.
FOR VEHICLES RENTED IN DISTRICT OF COLUMBIA:
Failure to return the car in accordance with the terms of this Agreement may result in criminal penalty of up to three (3) years in jail.
FOR VEHICLES RENTED IN WASHINGTON:
Failure to promptly return the car on the date indicated may result in criminal prosecution under RCW 9.45.062.
9. LOST OR DAMAGED PERSONAL PROPERTY: You are not responsible for loss of or damage to any personal property in or on the car, in any service vehicle, on your premises, or received or handled by you, regardless of who is at fault. I'll be responsible to you for claims by others for such loss or damage.
10. RENTAL CHARGES . I will pay for the number of miles/kilometers I drive and period I rent the car at the time and mileage rates indicated on the Rental document and all optional services that I accept on my Enrollment Form. The minimum charge is one day (24 hours) plus mileage/kilometerage, or a fixed fee. Miles/kilmeters are determined by reading the factory-installed odometer. The daily charge applies to consecutive 24 hour periods starting at the hour and minute the Rental begins. I'll pay charges for miscellaneous services that apply to the Rental. On tour rate rentals an additional per day charge will apply to certain renters as specified on the Rental document. In some jurisdictions, where permitted, an airport concession recovery fee and/or airport facility fee may be added.. I also agree to pay any and all applicable surcharges, taxes and, tax related surcharges including but not limited to vehicle licensing fees, tax recovery surcharges, frequent flyer surcharges, consolidated facility charges, and customer facility charges.
FOR VEHICLES RENTED IN MINNESOTA:
Payment for damage to and loss of use of the car, if any, by a Minnesota automobile insurer within the time limits specified by Minnesota Statute section 72A.201 will be acceptable to you and no prior payment by me for such damage and loss is required.
FOR VEHICLES RENTED IN NEW MEXICO AND TENNESSEE:
If my own personal motor vehicle insurance policy covers all or a part of my responsibility for the car Budget will submit claims for applicable loss or damage to my insurance company.
11. TAXES: I'll pay all sales, use, rental, and excise taxes, including tax-related surcharges, such as for the recovery of vehicle license fees.
12. SPECIAL CHARGES: If I represent I'll return the car to another location, I may have to pay "one-way service fee" as specified on the Rental Document. If I return the car to a location different from agreed return location as specified on the Rental Document, without your written permission, I'll pay an "unauthorized return location fee." The Minimum for this fee is $45. I 'll pay a higher fee, if by multiplying your normal mileage rate by the distance between renting location and actual return location as specified on the return document/return record a higher fee results. I'll pay a reasonable fee for cleaning the car's interior upon return for excessive stains, dirt or soilage attributable to my use.
13. FINES AND EXPENSES: I'll pay all fines, penalties, court costs and recovery expenses for parking, traffic and other violations, including storage liens and charges, including a reasonable administrative fee with respect to the use of the car while on rental to me and hereby expressly authorized you to provide my name and address to any political subdivision or court for enforcement of such violation.
14. ERROR IN RENTAL CHARGES: The charges shown on the return record are not final and are subject toyour review. I'll pay any undercharges and I'll receive a refund for any overcharges you discover on review. . The charges shown on the return record are not final and are subject toyour review. I'll pay any undercharges and I'll receive a refund for any overcharges you discover on review.
15. COLLECTIONS: All charges, fees and expenses, including payment for loss of or damage to the car, are due at your demand. If I do not pay all charges when due, I agree to pay a late charge of the lesser of either 1 1/2% per month, or the highest rate permitted by law on the past due balance. I will pay any collection costs, including a service charge for any check that is not honored by a financial institution and your reasonable attorney's fees, if I don't pay any amount when due. If the law permits, you may contact me, or my employer at my place of business about payment.
16. CHARGE CARD RESERVE: For each Rental, I consent to your reserving credit with the issuer of the charge card I provide on my Enrollment Form, up to an amount equal the estinmated total charges for each Rental based on the representatrions I make for my reservation of that Rental.
17. MY INDEPENDENT STATUS: I understand that I am not your agent or authorized representative for any purpose.
18. CHANGES TO AGREEMENT: Budget may change the Terms and Conditions of this Agreement as provided in Paragraph 1 above or by written notice to me.
19.TERMINATION: Either I or yout may terminate this Agreement upon written notice to the other. Termination by either will not affect the rights and obligations owed to each other for any prior or then-existing Rental. You may also terminate this Agreement if I violate it or terminate or suspend it without notice if I do not use Fastbreak for an extended period of time.
20. BUDGET CANADIAN PRIVACY POLICY BUDGET RENT A CAR OF CANADA LIMITED'S CANADIAN PRIVACY POLICY: We at Budget Rent A Car of Canada Limited ("Budget") recognise the importance of protecting your personally identifiable information ("PII") that you provide to us.
As of January 1, 2004, the Canadian federal government's Personal Information Protection and Electronic Document Act (PIPEDA), a new privacy law, will apply to Budget's Canadian operations. In addition, the province of Quebec has enacted private sector privacy laws. The Act regulates the collection, use and handling of PII (e.g., personal information about an individual) regardless of how the information exists. This policy explains how Budget protects your privacy and summarises how and why we collect, use and disclose PII that you may provide to us.
This policy is applicable to PII that you provide to Budget, in Canada, and which is held in the Budget System's central database located in Canada and the United States (see "About the Budget System" below). This privacy policy does not apply to PII you provide directly to related companies of Budget located outside of Canada, or to PII you provide directly to Budget licensees. If you provide your PII to a Budget licensee location, the licensee's privacy policy will apply. Some of the countries in which the Budget System operates have privacy or data protection laws similar to the law in Canada; other countries in which the Budget System operates in do not. PII does not include the name, title, business address or office telephone number of an employee of an organization, or the name, address, telephone number or similar information of a person that is publicly available (e.g., in a public telephone directory).
In this policy, we also explain how you can contact us if you have a question about, or want to make a change to or delete, any PII that Budget may be holding about you.We strongly recommend that you take the time to read this privacy policy and retain it for future reference.
WHAT PII DOES BUDGET COLLECT ABOUT ME AND HOW DOES IT COLLECT IT?
When you make a reservation, rent a car and/or join any of Budget's programs, we need to collect certain information about you in order to provide our services. The information we require is necessary in order to identify you, contact you, provide the requested service and administer your rentals. The service that you use will determine what information we collect from you. This information will include at least some of the following about you:
Name
Your Home and/or Business Address
Phone Number(s) at which we may contact you
Your Date of Birth
Method of Payment (e.g., Credit Card-Account Number and
Expiration Date
Your Driver's License Number and Province/Country of Issuance
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When you rent a car, we will also record information that details your rental as recorded in your rental agreement (e.g., where you rented the car, where and when you returned the car, payment arrangements, insurance preferences, gas consumption, mileage and other information related to the vehicle rental).
In addition, in order to better serve you, Budget offers customized rental services on a membership basis. If you wish to join and request one of these services, such as Fastbreak, Budget may need more information than is required for providing standard car rental service. Information on what PII is collected and used in connection with these services is available in the brochure and materials describing these services.
We may also need certain information from you when you request any of the following services and/or equipment: Special Needs/Optional Equipment, Special Offers/Discounts, Preferences, Partner Member Numbers, use of Budget BCD number, Frequent Traveler numbers and Car Preferences. For example, if you wish to use a discount that Budget provides to members in an association to which you belong, we will collect information about your membership in that association, both to verify your membership and to provide you with the correct discount for our services.
The PII we collect about you will be with your express or implied consent, by your request for our services. How we collect PII will depend on how you use our services.We may collect PII directly from you by telephone, fax, e-mail, at the counter, upon your completion of an application or enrolment form or through your use of our web site.We may also collect information about you indirectly though a travel agent, an account program or through one of our partner programs when you deal with us through those means.
You may choose not to provide some or all of your PII to us, but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would otherwise expect from us.
HOW IS MY PII USED OR DISCLOSED BY BUDGET?
We strive to ensure a stress-free rental experience and are dedicated to building a rewarding and lasting relationship with every customer. In order to provide the level of service we believe you expect from us, we may use and disclose your PII for the following purposes:
GENERAL PURPOSES-WE USE YOUR PII TO:
? provide the services that you request;
? do all things necessary to administer those services;
? research, develop, manage, protect and improve our services;
? unless you opt out, conduct customer satisfaction surveys and to inform you of any improvements or changes that we have made to our services; and
? maintain and develop our service-oriented software and other business systems.
We may disclose your PII to other related and non-related organisations including:
? to your company or organisation if you use our services under a corporate or other commercial account;
? to one of our program partners (e.g., if you are a member of a frequent traveler program and you have asked us to send it details of your rental agreement with us to obtain your benefits from that program);
? to your credit card issuers;
? to credit reporting and fraud checking agencies;
? to debt collection agencies, if you fail to pay monies owed to us;
? to government or private organisations responsible for the processing or handling of traffic or parking related violations;
? to driver licensing authorities, directly or through intermediary organizations, when needed to verify compliance with Budget's safe driver criteria for qualified drivers and/or to verify license information;
? to government, regulatory and law enforcement agencies where the disclosure is required or authorised by law; and
? to insurance companies.
USE OR DISCLOSURE FOR MARKETING PURPOSES:
If you have not opted out of receiving marketing materials, we may use and disclose your PII to offer you products and services provided by Budget, our affiliates or our parent company (Cendant) and Budget System licensees.We may also use (but not disclose) your PII to offer you products and services provided by Budget System program partner organisations.You may choose not to allow us to use or disclose your PII for direct marketing purposes by indicating your preference on the rental agreement or by contacting us as outlined in this Policy (see "WHOM CAN I CONTACT FOR FURTHER INFORMATION?").
The service providers we have retained to perform services on our behalf, are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.
USE TO PROVIDE CUSTOMER SERVICE:
When you provide us with your PII, we will enter your information into the centralised Budget System database that is located and maintained in Canada and the United States. Once your information is in the Budget System database, it will not be used for any purpose not set forth in this policy.Your PII will be accessible by Budget System entities, should you request services from Budget System licensee locations, those Budget System licensees. Some of the countries in which the Budget System operates do not have, or have different privacy or data protection laws. The laws of and these countries may apply if you provide PII to Budget System entities and/or licensees in these countries.
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HOW DOES BUDGET PROTECT MY PII?
We take reasonable steps to protect all of the PII we hold from misuse, loss, unauthorised access and modification or disclosure in violation of this policy. This protection applies in relation to information stored in both electronic and hard copy form. Access to the Budget System database is restricted to authorised personnel and is password protected. PII transmitted through our web site is encrypted.
CAN I ACCESS THE PII THAT BUDGET HAS ABOUT ME?
You may access any PII that we have collected about you subject to certain exceptions.We will normally provide access without charge unless you either request access to a large volume of information or we have to access archived records to obtain the information. In these circumstances, we may impose a reasonable fee.We will, however advise you of that fee in advance.You may challenge the reasonableness of the cost. Details of how to contact us are set out below. There may be instances where we may not be able to provide you access to your PII, for certain reasons. Among these are; it has been destroyed or deleted after expiry of applicable retention periods, it contains PII of other persons or it contains commercially sensitive or proprietary information owned by us. If we are unable to provide you access, we will explain why and document that for our records.
TELL US IF WE NEED TO UPDATE YOUR PII OR PREFERENCES:
You play an active role in assisting Budget in maintaining the accuracy of your PII for as long as it is used for the purposes set out in this policy.your prompt notification of any changes to your PII will assist us.you can update your preferences and your PII by contacting the Budget Privacy Officer at the contacts set out in this policy. If we don't agree to make the changes, you may challenge our decision.
WHAT YOU CONSENT AND AGREE TO:
When you provide us with your PII, you consent and agree to our use and disclosure of your personal information in accordance with this Policy including, in particular to:
? our collection, use and disclosure of that information in order to provide the service you have requested, to administer the rental, to provide customer services, and to operate our business, as described in this Policy;
? if you do not opt out, our use and disclosure of your PII for direct marketing purposes.
YOUR OPTIONS:
You may choose not to provide us with some or all of your PII with the understanding that this may prevent us from providing the type of service you request or possibly any service at all.You can optout of use and disclosure of your information for marketing purposes and receipt of direct mailings by contacting Budget through one of the methods below. In addition, you can withdraw prior consent by giving us at least sixty (60) days' prior written notice by any of the methods provided below. Your consent will be withdrawn. However, it is possible that you may receive promotions scheduled prior to our receipt of your withdrawal of consent.
USE OF TRACKING-USE OF INTERNET PROTOCOL ("IP") ADDRESSES:
An IP address is a unique number that is automatically assigned to your computer whenever you are surfing the Internet so that your computer can be identified by the main computers, known as "Web servers," that "serve up"Web pages. This allows us to identify and gather general information and data about you, such as the Web pages you view on www.budget.com.
Budget collects IP addresses for the purposes of helping us diagnose problems with our main computers, for system administration, to report aggregated information to our business partners and to audit the use of our Web Site. When users request Web pages from our Web Site, our Web servers log the user's IP address.We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user will remain anonymous to us. For example, we collect and/or track the home server domain name, the type of computer, and the type of Web browser used by you to access our Web Site. Such collection and tracking information is gathered by us as you navigate through our Web Site, and will be used by us for our business purposes only.
We can, and will, use IP addresses to identify you when we feel it is necessary to enforce compliance with our Web Site Terms of Use or to protect our service, site, users or others.
USE OF COOKIES:
What are cookies? Cookies are small pieces of information that a Web site sends to your computer for record-keeping purposes, which information is stored in a file on Your computer's hard drive. Cookies make Web-surfing easier for you by saving your preferences so that we can use the saved information to facilitate your use of our Web Site when you return to the Web Site. Cookies do not tell us your individual identity unless you have chosen to provide it to us.We never save passwords or credit card information in cookies. The use of cookies is an industry standard, and as such, you will find that most major Web sites use them.
By showing how and when users use the Web Site, cookies help us see which areas of the Web Site are popular and which are not. Many improvements and updates to the Web Site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies.
Most cookies expire after a defined period of time, or you can delete your cookie file at any time. Most Web browsers are initially set up to accept cookies.You can reset your Web browser to refuse cookies or to indicate when a cookie is being sent.
However, note that some parts of Budget and/or Budget's affiliates' services will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing transactions.
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Budget and/or Budget's affiliates have two (2) primary uses for cookies. First, we use them to specify a user's preferences. For example, you can specify keywords across several categories or markets so you don't have to tell us repeatedly your car choice. Second, we use cookies to track Web site usage trends and patterns. This helps us understand our users' needs better and improve areas of our Web Site. While both of these activities depend on the use of cookies, you have the option of disabling (refusing) the cookies via your Web browser preferences.
We use third party ad serving technology to serve ads when you visit our Web site. This technology uses information about your visits to this site (not including your name, address, or other personal information) to serve our ads to you. In the course of delivering our advertisements to you, a unique third party cookie may be placed or recognized on your browser.You may occasionally get cookies from our business partners. Budget and/or Budget-affiliates do not control these cookies. The use of advertising cookies sent by such third-party Web servers is standard in the Internet industry. For more information about our third-party ad server, cookies hand how to opt out, please click here:
http://www.doubleclick.net/us/corporate/privacy
We also share Web site usage information about visitors to our Web site with a reputable third party for the purpose of targeting our Internet banner advertisements on this site and other sites. To do this, we use Web beacons and cookies provided by our thirdparty ad server on this site. The information we collect and share through this technology is not personally identifiable.
CHANGES TO THIS POLICY
This is our current privacy policy outlining our PII management practices. It replaces any other privacy policy published by us prior to the date below.We may change this policy from time to time. If you have any questions, need to modify or delete your PII or to obtain an up to date copy of our privacy policy, contact us.
WHOM CAN I CONTACT FOR FURTHER INFORMATION?
If you wish to contact us, (1) to inquire about our privacy practices; (2) to provide feedback and comments; (3) to access or correct your PII we have; (4) to opt out of further communications; and/or (5) to make inquiries regarding our privacy practices, contact our Privacy Officer as detailed below.
We offer Customers the opportunity to "opt out" of use and disclosure of the Customer's PII for marketing purposes. Customers can elect to opt out from any communications including e-mail, direct mail, fax and telephone by contacting Us as detailed below.We also incorporate into our Data Warehouse "do not market" lists. Note that if you (i) refuse to consent to, (ii) opt out of, or (iii) withdraw your consent to our collection, use and/or disclosure of your PII, we may not be able to offer you certain products, services and benefits. Customers can contact Budget for any of the above reasons by using the following methods:
(a.) Fax: 1-800-215-8872
(b.) Telephone to Customer Service: 1-800-268-8991
(c.) E-mail: privacyofficer@budgetgroup.com
(d.) Mail: Privacy Officer, Budget Rent A Car of Canada Limited, 21
Four Seasons Place, Suite 500, Toronto, Ontario M9B 6J8
DISPUTE RESOLUTION
If you are not satisfied with the way in which we handle your inquiry, you can contact any of the following:
Budget Privacy Officer:
(a.) Mail: Privacy Officer, Budget Rent A Car of Canada Limited,
21 Four Seasons Place, Suite 500, Toronto, Ontario, M9B 6J8
(b.) Telephone: 1-800-336-1121
(c.) Fax: 1-800-215-8872
(d.) E-mail: privacyofficer@budgetgroup.com
Budget Legal Department:
(a.) Mail: 6 Sylvan Way, Parsippany, NJ 07054
(b.) Telephone: 973-496-0202
(c.) Fax: 973-496-3444
If you are not satisfied with the way we handle your complaint, you can also contact:
1. Privacy Commissioner of Canada:
(a.) Mail: 112 Kent Street, Ottawa, Ontario K1A 1H3
(b.) Phone: 1-800-282-1376
(c.) Fax: 613-967-6850
2. Quebec Privacy Commissioner:
(a.) Mail: 575, Rue St. Amable Bureau 1.10, Qu?bec,
Qu?bec G1R 2G4
(b.) Phone: 418-528-7741; Toll-free: 1-888-528-7741
(free within Quebec)
(c.) Fax: 418-529-3102
(d.) E-mail: Cai.Communications@cai.gouv.qc.ca
ABOUT THE BUDGET SYSTEM
The Budget Rent A Car System is the largest franchised vehicle rental network in the United States, Canada and throughout the world, with over 3,000 locations in more than 120 countries.
In Canada, the Budget System operates owned/franchised in 295 local markets locations as well as at 70 airport counters and employs over 3,000 people. Approximately seventy franchise owners across Canada operate about 365 locations with a fleet of some 26,000 cars and light trucks.
Budget Rent A Car of Canada Limited's corporate headquarters is located in Toronto and manages the brand on a national basis.
Budget Rent A Car of Canada Limited is a wholly owned subsidiary of Cendant Corporation (Cendant).
ADDITIONAL TERMS & CONDITIONS
FOR FASTBREAK RENALS IN AUSTRALIA
ABOUT YOUR RENTAL AGREEMENT
1.1 The Worldwide Master Rental Agreement made between You and Budget
comprises:
(a.) the Worldwide Terms and Conditions;
(b.) the original (and any subsequent) Enrolment Profile that You complete and sign; and
(c.) each Rental Document.
1.2 The Worldwide Master Rental Agreement (including clauses 5 to 14 of these Terms and Conditions) covers each rental of a Vehicle made by You under the Budget Fastbreak Program.
1.3 These Terms and Conditions prevail (to the extent of any inconsistency) over any separate agreement You may sign or make with Budget. For the avoidance of doubt the Australian Terms and Conditions only apply to Your rental in Australia.
1.4 Budget may change these Terms and Conditions from time to time. Budget will inform You in writing of any changes, and those changes will apply to the next rental You make after Budget has sent You that written notice.
1.5 Budget will not waive any of its rights under the Worldwide Master Rental Agreement, except in writing signed by an officer or authorised representative of Budget.
1.6 If any term or condition is prohibited by law in a jurisdiction covering a rental, that term is, in that jurisdiction, ineffective to the extent of the prohibition.
Australia
Effective August 2004
INTERPRETING YOUR RENTAL AGREEMENT
2.0 In these Terms and Conditions:
"Agreement" means the Worldwide Master Rental Agreement referred to in clause 1.1 governing the Program;
"Authorised Driver" means:
(a.) an additional driver who signs the Additional Drivers Form or Rental
Document;
(b.) Your spouse; or
(c.) Your employer or a fellow employee, if either is engaged in activities that
are incidental to Your business duties;
"Budget" means Budget Rent a Car Australia Pty Limited ABN 89 007 348 021 or Budget Rent a Car Operations Pty Limited ABN 55 054 583 925 trading as Budget or, where applicable, an independent Budget Rent a Car System licensee;
"Program" means the Budget Fastbreak Program referred to in clause 1.2;
"Protection Packages" means the Protection Package options set out in clause 15;
"Rental Document" means the document issued by Budget to You when a Vehicle is rented to You and which sets out the Vehicle's details and the fees and charges applicable to that rental;
"Rental Period" means, in respect of each rental of a Vehicle, the period commencing when You receive the keys to the Vehicle from a Budget employee or agent and ending on the date that You return the Vehicle to Budget;
"Substitute Vehicle Insurance" means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy;
"Vehicle" means any vehicle rented by You under the Program (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Budget;
"You" or "Your" refers to the person who has signed the Enrolment Profile referred to in clause 1.1 and with whom the Agreement is made.
YOUR PARTICIPATION IN THE PROGRAM
3.1
(a) The information provided on any Enrolment Profile about You must be true, accurate, complete and up to date. You acknowledge that Budget will rely on such information to enter into the Agreement.
(b) You must notify Budget in writing if You wish to change Your selection of the Protection Packages (see clause 15) or Your nominated credit card or charge account.
3.2 You indemnify Budget for any loss, liability or expense arising from Your failure to comply with clause 3.1.
3.3 Budget may alter any of the fees or charges payable under the Agreement at any time without notice to You. You can be informed of the charges
and fees by asking at the time of reservation or at the rental counter. You agree that You must pay all charges and fees whether or not You have asked about them.
3.4 Any notice sent to You by Budget will be deemed to have been received by You within three days of Budget having mailed it to the address shown on Your Enrolment Profile.
3.5
(a) Budget may change the locations from where the Program is available from time to time and without notice to You. You may find out which Budget locations participate in the Program by asking when You reserve a Vehicle.
(b) You will be required to follow standard Budget rental procedures at locations not participating in the Program at the time of rental
3.6 Budget may terminate the Agreement and Your enrolment in the Program at any time if You or an Authorised Driver breach these Terms and Conditions.
MAKING A RESERVATION
4. For each rental, You must make Your reservation at least 24 hours before Your chosen time of rental, and inform the reservation agent that the reservation is for a Fastbreak service rental.
DRIVER
5. You agree and acknowledge that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licensed to drive for a period of 12 months or longer (excluding any time under a learner's permit or provisional licence).
WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
6.1 You and any Authorised Driver must only use the Vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road.
6.2 You and any Authorised Driver must not unless authorised in writing by Budget, drive or take the Vehicle:
(a) to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island;
(b) into or out of the Northern Territory, Tasmania or to any points in Western Australia north of Carnarvon;
(c) in Queensland:
(1) beyond Chillagoe or in a westerly direction;
(2) beyond Normanton in a southerly direction;
(3) if the Vehicle is a passenger vehicle or truck, beyond Cape
Tribulation or Laura in a northerly direction;
(4) if the Vehicle has four wheel drive, beyond Cooktown or Laura in a northerly direction;
(d) above the snow line in Tasmania, New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September;
(e) in the Northern territory and Western Australia, outside any city limits between dusk and dawn; or
(f) on beaches or through streams, dams, rivers or flood waters.
USE OF THE VEHICLE
7.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything unless authorised by Budget;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer's and Budget' recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(i) not, without Budget' prior written consent, use the Vehicle to carry any flammable substance which has a flash point under 22.8?C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
7.2 You must pay for any unauthorised repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period.
MAINTENANCE, SECURITY AND SAFETY
8.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle's engine oils and engine coolant levels to
the manufacturer's specifications as set out in the Vehicle's operations manual located in the glove box;
(b) keep the Vehicle locked and the keys under Your or the Authorised Driver's personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
8.2 You must not have repairs to the Vehicle carried out unless Budget authorises You to do so. Budget requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Budget. Budget will reimburse You for any repairs to the Vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that Budget cannot verify the cost of repairs, Budget will not reimburse You.
RETURN OF VEHICLE
9.1 You must return the Vehicle to Budget:
(a) to the place, on the date and by the time shown on the Rental Document;
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
9.2 If You return the Vehicle to a location other than that shown on the Rental Document, a "one-way fee" of up to $2.00 per kilometre (depending on the nature of the Vehicle and the distance involved) may apply. If a "oneway fee" applies, You must pay it at the end of the Rental Period.
9.3 You must return the Vehicle to a Budget location during normal business hours. If You return the Vehicle later than the time shown on the Rental Document, You must pay all additional rental charges.
9.4 If:
(a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
(b) any special conditions set out in the "Rates" section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Budget standard rate for the Vehicle for the Rental Period.
9.5 Budget may request the immediate return of the Vehicle, or Budget may re-take the Vehicle without notice, if Budget reasonably suspects that:
(a) You have breached a term or condition of the Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to occur; or
(c) the Vehicle will be involved in an industrial dispute; and You must also pay Budget any cost it incurs as well as all costs and charges under the Agreement for the period up to return/repossession of the Vehicle.
FUEL
10. If You do not select the Prepaid Fuel Option (where available), and You return the Vehicle with less fuel than it had when You rented it, You must pay the Fuel Service Charge per litre as set out on the Rental Document.
LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF
PROPERTY
11.1 Subject to this clause 11, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
Remember that references to the "Vehicle" include all of its parts, components, accessories and contents (see the definition of "Vehicle" in clause 2).
11.2 Subject to clause 11.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period (or it is included in Your rate); and,
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of the Vehicle or for each separate event involving damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver, Budget:
(c) waives Your liability under clause 11.1 for damage to the Vehicle or loss of the Vehicle; and
(d) will ensure that You and any Authorised Driver are entitled to be indemnified under a policy of liability insurance provided by a registered insurer for Your and an Authorised Driver's legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
11.3 You must always pay, and clause 11.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You using, or permitting the Vehicle to be used, in any area prohibited by the Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.
11.4 For the purposes of this clause 11, the amount You must pay for any damage or repair may be reasonably determined by Budget and includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative
activities; and
(e) a per day loss of use fee based on the estimated downtime of the Vehicle.
If the amount determined by Budget and paid by You under this clause 11.4 exceeds the final cost of the damage or repair, Budget will refund the difference to You.
11.5 Excess:
(a) You are liable for the amount of the excess shown on the Rental Document for each separate event involving damage to or loss of the Vehicle or if there is damage to the property of any third party arising from Your use of the Vehicle. The amount of the excess varies depending on Your age, location, type of vehicle and applicable rental rate.
(b) If You accept Budget Driver Protection (BDP) Your excess amount will be reduced, provided You 2have not breached the Agreement.
(c) The BDP fee to reduce Your excess amount varies depending on Your age and the type of vehicle rented. Full details of the current excess amount and the BDP fees are available from Budget.
(d) Budget may change or cancel the availability of BDP at any time by notice to You.
LIABILITY OF BUDGET
12.1 Unless it is negligent Budget is not liable to any person, and You indemnify Budget, for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to Budget.
12.2 Neither clause 12.1 nor any other provision of the Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) ("the TPA") or any other State or Territory legislation to the same effect.
12.3 If Your Rental Agreement is a contract for the supply of "recreational services" (as defined by section 68B of the TPA or any comparable legislation), Budget has no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by Budget of any term implied by section 74 of the TPA or any comparable legislation.
CLAIMS AND PROCEEDINGS
13. Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to Budget;
(c) not, without Budget's written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Budget or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that Budget may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist Budget in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Budget;
(f) complete and furnish to Budget within a reasonable time any statement, information or assistance which Budget or its insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.
PAYMENT
14.1 At the end of the Rental Period, You must pay Budget on demand:
(a) all charges specified on the Rental Document and all charges payable under the Agreement;
(b) any amount paid or payable by Budget or You to any person arising out of Your use of the Vehicle or imposed on You or Budget by any governmental or other competent authority (such as speeding, parking and traffic fines); and
(c) any amount for which You are liable to Budget under the Agreement, in respect of a breach of the Agreement or otherwise.
14.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 9.4), plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
14.3 Distance charges are measured from the Vehicle's odometer.
14.4 You authorise Budget to charge all moneys payable to Budget under the Agreement to Your credit card or charge account.
14.5 Budget will pay any refund due to You by such method as Budget may reasonably choose.
PROTECTION PACKAGES
15.1 You may nominate:
(a) Budget Driver Protection (BDP); or
Excess Reduction (ER) if on a contracted corporate rate; by indicating this on the Enrolment Profile. This choice will apply for each rental that you make under the Program where the nominated protection package is available. You may change your choice for future rentals by notifying Budget of the change in writing.
15.2 On any rental car which You have chosen the protection package, You must pay the charge for such option current at the time of rental for each full or partial day of the rental.
15.3 In the event that the nominated protection package ceases to be available Budget will provide notice to you if you have chosen the Protection Package.
BUDGET RENT a CAR AUSTRALIA PTY LTD PRIVACY POLICY
We at Budget Australia recognise the importance of protecting your personal information.
The Commonwealth Privacy Act 1988 (Privacy Act) regulates the handling of personal information (for example, name and address details) by Australian private sector organisations. This policy explains how Budget Australia protects your privacy and summarises how we collect, use and disclose personal information that you might provide us.
When you make an application to use our service, you consent to us using and disclosing your personal information consistent with this policy. Please refer to the section in this policy titled "What you consent and agree to".
This policy is applicable to personal information that we hold about you in Australia. Because the Budget Group (as to which see below) operates a vehicle rental system in many countries, your personal information will also be held in and accessible by Budget Group staff or franchise and licensee operators located in other countries. This privacy policy does not apply to information held by the Budget Group outside Australia. Some of the countries that the Budget Group operates in have privacy or data protection laws for private sector organisations similar to the law in Australia, other countries that the Budget Group operates in do not.
In this policy we also explain how you can contact us if you have a query about any personal information that Budget Rent a Car Australia may be holding about you. We recommend that you take the time to read this privacy policy and retain it for future reference.
ABOUT THE BUDGET RENT A CAR GROUP
"Budget Rent a Car" is the trading name of Budget Rent a Car Australia Pty Limited ABN 89 007 348 021 which is a subsidiary of Budget Rent A Car System, Inc. and a member of the family of companies whose ultimate owner is Cendant Corporation (Cendant), located in the United States.
Budget Rent A Car System, Inc., its subsidiaries and related companies operate one of the world's best known general-use car and truck rental companies, with over 1800 locations in the United States, Canada, Latin America, Caribbean region, Australia and New Zealand.
Budget Rent A Car System, Inc. has marketing arrangements with Zodiac Europe Limited, a separately owned UK-based company trading as Budget Rent A Car through owning or franchising additional locations in Europe, the Middle East, and Africa.
WHAT PERSONAL INFORMATION DOES BUDGET RENT A CAR AUSTRALIA COLLECT ABOUT ME AND HOW DOES IT COLLECT IT?
When you rent a vehicle from Budget Australia, we need to collect certain information from you. The service that you use will determine exactly what information we collect from you. That information may include your:
- name;
- address;
- contact telephone number(s);
- contact facsimile number(s);
- date of birth;
- driver's licence number;
- frequent traveller program number;
- vehicle preference;
- credit card number and expiry date;
- e-mail address;
- company name and employee number; and
- contact details of individuals who can provide professional references.
In certain circumstances, we may collect sensitive information about you. For example, we may collect information about your membership of a professional association in order to provide you with the correct discount for our services. Sensitive information under the Privacy Act includes information about an individual's membership of a professional or trade association. We will only collect sensitive information about you with your consent or otherwise in accordance with the law.
We will also record information about where you collected the vehicle and the date, time and location of its return.
HOW WE COLLECT THE INFORMATION WILL DEPEND ON HOW YOU USE OUR SERVICES
We may collect information directly from you by telephone, fax, e-mail, over the counter, your completion of an application or enrolment form, or through our Internet based service. We may also collect information about you indirectly though a travel agent, a corporate program or through one of our partner programs.
You can choose not to provide some of your personal details but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would normally expect from us.
THE USE OF COOKIES
We may send cookies (pieces of programming) to your computer when you visit our site. Cookies can be stored on your hard drive (persistent cookies) or in memory (session cookies). Cookies enable us to enhance the web offerings to you and to optimise your on-line experience. We will not collect any of your personal information with our cookies.
Persistent cookies identify pages accessed and provide personalised features, for example choosing which page you would like to make your start page. They are used to help us develop the design and layout of the web site, improve applications and measure their effectiveness. Session cookies are used for security purposes as part of our customer identification process. These cookies allow you to be recognised once you have logged in and provide you with confidential access to your rental records.
We may also allow third parties to collect statistical data from our site using their persistent cookies. However these cookies do not capture information that can personally identify you. They are simply used to measure the effectiveness of our site.
HOW IS MY PERSONAL INFORMATION USED OR DISCLOSED BY BUDGET RENT a CAR AUSTRALIA?
We strive to ensure a stress-free rental experience and we are dedicated to building a rewarding and lasting relationship with every customer. In order to provide the level of service we believe you expect from us, we may use and disclose your personal information for the following purposes:
GENERAL PURPOSES
We use your personal information to:
? provide the services that you request;
? do all things necessary to administer those services;
? research, develop, manage, protect and improve our services;
? conduct customer satisfaction surveys and inform you of any improvements that we have made to our services; and
? maintain and develop our software and other business systems.
We may disclose your personal information to other related and non-related organisations including:
? Budget Rent A Car System, Inc., Zodiac Europe Limited, doing business as
? Budget Rent A Car EMEA and other members of the Cendant family of companies, as well as franchisees or licensees of the Budget Rent A Car Group;
? your company or organisation if you use our services under a corporate account;
? to one of our program partners if you are a member of their frequent traveller program and you have asked us to send them details of your rental agreement with us;
? our contracted service providers (including our market research company and our mail house);
? credit card providers;
? credit reporting and fraud checking agencies;
? debt collection agencies, in the event of your default in payment of monies owed to us;
? city councils and government or private organisations responsible for the processing or handling of traffic related infringements;
? driver licensing authorities; and
? government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.
USE OR DISCLOSURE FOR DIRECT MARKETING
PURPOSES
We may use and disclose your personal information to offer you products and services provided by Budget Rent a Car Australia, Budget Rent A Car System, Inc., Zodiac Europe Ltd, other members of the Cendant family of companies and related companies and franchisees and licensees of the Budget Rent A Car Group. We may also use (but not disclose) your personal information to offer you products and services provided by companies participating in Budget Rent A Car partner programs.
You can choose not to allow us to use or disclose your personal information for direct marketing purposes by indicating your preference on the rental document or by contacting us (see "Whom can I contact for further information?' below).
DISCLOSURE OUTSIDE OF AUSTRALIA
When you provide us with your personal information, we will enter your details into the centralised Budget Rent a Car Group databases, which are located and maintained in the United States. Depending on how you use our services, your personal information may be accessed by Budget Rent a Car Group personnel, as well as franchisees and licensees of the Budget Rent a Car Group located in other countries. Some of the countries that we operate in have privacy or data protection laws with general application to the private sector, other countries, including the United States, do not.
HOW DOES BUDGET RENT a CAR AUSTRALIA PROTECT MY INFORMATION?
We take reasonable steps to protect all of the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form.
CAN I ACCESS PERSONAL INFORMATION THAT BUDGET RENT a CAR AUSTRALIA HOLDS ABOUT ME?
You may access any personal information that we hold about you subject to certain exceptions. We will normally provide access without charge unless you request access to a large volume of information or we have to access our archived records to obtain the information. In these circumstances, we may impose a fee to recover our reasonable costs. Details of how to contact us are set out below.
TELL US IF WE NEED TO UPDATE YOUR PERSONAL INFORMATION OR PREFERENCES
If you believe that any of the information that we hold about you is not current or incomplete, please let us know and we will update your details. We take reasonable steps to ensure that we hold current information about you but it is very helpful if you can pass on to us any changes to your personal details or preferences. Details of how to contact us are set out below.
WHOM CAN I CONTACT FOR FURTHER INFORMATION?
If you have any questions about how we handle your personal information or if you believe that we have handled your personal information inappropriately, you can contact us in any of the following ways:
By mail: The Privacy Officer
Budget Rent a Car Australia Pty Ltd
Level 2
15 Bourke Road
Mascot NSW 2020
By fax: The Privacy Officer
Budget Rent a Car Australia Pty Ltd
Facsimile no: 02 9353 9017
By telephone: The Privacy Officer
Budget Rent a Car Australia Pty Ltd
Telephone no: 02 9578 1000
By e-mail: custserv@budget.com.au
If you are not satisfied with the way in which we handle your inquiry, you can call the office of the Australian Privacy Commissioner on 1300 363 992.
WHAT YOU CONSENT AND AGREE TO
When you provide us with your personal information you consent and agree to our use and disclosure of your personal information in accordance with this policy including, in particular to: ? our use and disclosure of that information in order to provide the service you have requested and for any other compatible purpose including the management, protection and development of our business;
? the disclosure of your personal information to entities located outside of Australia. This may include disclosure to Budget Rent A Car System, Inc. located in the United States, Zodiac Europe Ltd and other members of the Cendant family of companies, as well as franchisees or licensees of the Budget Rent A Car Group, our service providers and program partner organisations. You should understand that once your information is held outside of Australia it may not receive the same level of protection that the Privacy Act requires; and
? our use and disclosure of your personal information for direct marketing purposes. If you do not wish us to use or disclose your personal information for direct marketing purposes, you can indicate your preference on the rental document or by contacting us (as to which see above).
CHANGES TO THIS POLICY
This is our current privacy policy outlining our personal information management practices. It replaces any other privacy policy published by us to date.
We may vary this policy at any time. To obtain an up to date copy of the policy, please contact Budget Rent a Car Australia (see "Whom can I contact for further information?' above) or visit our website www.budget.com.au.
ADDITIONAL TERMS AND CONDITIONS
FOR FASTBREAK RENTALS IN NEW ZEALAND
Updated July 2004
Terms and Conditions
1. General
1.1 These terms and conditions form part of an agreement ("agreement") which comprises the Master Rental Agreement Enrolment Profile, which attaches these terms and conditions ("Master Rental Agreement") completed by the person signing the Master Rental Agreement as the hirer ("hirer") for the purpose of enrolling into the Budget Fastbreak renter programme ("Renter Programme"), a return copy of the Master Rental Agreement and each Rental Agreement ("Rental Agreement") completed by Budget Rent a Car Limited or an independent Budget Rent a Car Limited licensee ("Budget") in respect of a particular rental.
1.2 The agreement is between the hirer and Budget and covers every rental of a motor vehicle by the hirer from Budget under the Renter Programme. The hirer understands that by signing the Master Rental Agreement, the hirer will be deemed to have accepted the terms and conditions of the agreement. In the event any term or condition of the agreement is prohibited by the law of a jurisdiction covering a rental, that term is in that jurisdiction, ineffective only to the extent of that prohibition.
1.3 The hirer will be presented with a completed Rental Agreement when hiring a vehicle under the Renter Programme. The hirer need not sign the Rental Agreement at the time of hiring but it is to be read together with and forms part of the agreement. The Rental Agreement sets out particulars of the hire which will be deemed to have been accepted by the hirer upon the hirer taking possession of the vehicle described in the Rental Agreement.
1.4 The hirer warrants that all the information on the Master Rental Agreement is true and up to date in all respects. The hirer acknowledges that Budget has been induced by, and has relied upon such information to enter into the agreement. The hirer further warrants that all information supplied to Budget in the future will be true and up to date in all respects at the time it is provided.
1.5 The hirer will notify Budget forthwith of any change in the information on the Master Rental Agreement, including, without limitation, any change of employer, business or residential address, any change in the status or conditions of the hirer's driving licence, or credit identification.
1.6 The hirer shall indemnify and hold Budget harmless in respect of any loss, liability or expense arising out of any failure to notify Budget of any such change or which results from non-disclosure by the hirer of any change in any of the information previously provided by the hirer to Budget is.
1.7 Budget may from time to time change the locations where Renter Programme rentals are available without notice to the hirer. The hirer may request the locations where Renter Programme rentals are available from the reservation agent at the time of reserving a vehicle under the Rental Programme.
1.8 When hiring a vehicle from a location not offering Renter Programme rentals, the hirer acknowledges that he or she will be required to follow standard Budget rental procedures.
1.9 Budget may change these terms from time to time by notice in writing to the hirer. Any such changes will apply to rentals by the hirer after such notice has been given.
1.10 Budget may, in its sole discretion, terminate the Renter Programme or the participation of the hirer in the Renter Programme at any time by written notice to the hirer.
1.11 Any notice sent by Budget to the hirer will be presumed to be received by the hirer three days after it has been mailed to the address of the hirer on the enrolment form or such other address provided by the hirer after returning the enrolment form to Budget.
2. Vehicle Description
2.1 Budget will let and the hirer will take on hire the vehicle described in each Rental Agreement (the "vehicle").
3. Duration of Hire
3.1.The term of hire shall commence at the time on the day and shall cease at the time on the day specified in the Rental Agreement.
4. Persons Who May Drive Vehicle
4.1 The vehicle may be driven during the period of hire only by the persons named in the Rental Agreement or in a supplementary driver's sheet attached to the Rental Agreement, and only if they hold a current driver's licence appropriate for the vehicle at the time when they are driving the vehicle.
5. Payments by Hirer
5.1 The hirer shall pay to Budget as payment for the hire of the vehicle for the period of hire referred to in Clause 3 of these terms and conditions, the rental charge at the rate referred to in the Rental Agreement. Rental will be charged for a minimum of 24 hours. Thereafter, each hour shall be charged at one-fifth of the daily rate for up to five hours (which shall constitute a full day's charge), and each half hour shall be rounded to the nearest hour.
5.2. In addition to the payment specified in clause 4 of these terms and conditions, the hirer shall pay Budget the sum specified in the Rental Agreement for any insurance cover accepted by the hirer. If the hirer is aged under 25 years, an insurance surcharge may apply.
5.3. In addition to the payment specified in clause 4 of these terms and conditions, the hirer shall pay Budget on termination of the hiring a distance charge at the rate specified in the Rental Agreement for every kilometre run. The total distance that the hirer may run the vehicle during the period of hire shall not exceed ....... kilometres. If the distance in this clause is not completed then the distance restriction is not applicable to this hire.
5.4. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
6. Hirer's Obligations
6.1 The hirer shall ensure that:
(a) The water in the radiator and battery of the vehicle is maintained at the proper level;
(b) The oil in the vehicle is maintained at the proper level;
(c) The tyres are maintained at their proper pressure.
6.2. The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
7. Insurance
7.1. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he or she might have to Budget in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of Budget including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $250,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the vehicle.
7.2 Exclusions:
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle;
b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
c) The vehicle is operated in any race, speed test, rally or contest;
d) The hirer is not a body corporate or department of State and the vehicle is driven by any person other than the hirer or any other person referred to in clause 4 of these terms and conditions;
e) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never had a driver's licence appropriate for that vehicle;
f) The vehicle is wilfully or recklessly damaged by the hirer or any other person named under clause 4 of these terms and conditions, or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person;
g) The vehicle is operated on any of the following roads, Ball Hutt, Mt Cook; Skippers Canyon, Queenstown; Ninety Mile Beach, Northland; Coast Road to Russell, Northland; the Crown Range Road (State Highway 89) from Queenstown to Wanaka; all roads north of Colville on the Coromandel Peninsula; the Tapu to Coroglen Road (all parts east of Rapaura Water Gardens); the 309 Road from Coromandel to Kaimarama, and the Blackjack Road from Kuaotunu and Opito.
h) The vehicle is operated outside the term of the hire or any agreed extension of that term;
It is agreed between Budget and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The hirer acknowledges by signing the Master Rental Agreement that the hirer is aware of the above exclusions.
8. Hirer's Liability
8.1 The hirer acknowledges that he or she shall be liable for damages or loss to the extent indicated under the heading "Hirer's Liability" in the Rental Agreement. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.
9. Rejection of Insurance
9.1 If insurance is rejected, the hirer accepts by signing the Master Rental Agreement that the vehicle is hired at the hirer's own risk in respect of loss or damage to the vehicle and consequential loss by Budget. The hirer accepts by signing the Master Rental Agreement that he or she may be liable to Budget for damage to or loss of the vehicle and consequential loss. If insurance cover is rejected, the hirer accepts by signing the Master Rental Agreement that he or she has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
10. Personal Accident Cover
10.1. Budget in association with its insurers can provide additional personal accident cover ("PAI") (to that available under the terms of the Accident Compensation Act 1982) to cover the occupants (excluding hitch-hikers) of the hired vehicle, who may suffer death or personal injury, caused as a result of a motor vehicle accident, whilst travelling in, alighting from, or entering the Budget vehicle whilst on hire. To effect such PAI the specified space on the Master Rental Agreement must be signed and the appropriate premium paid. The PAI is available to persons who are aged 15 to 70 years at the time of accidental death or personal injury. The cover is subject to the terms, conditions and limitations of the Master Policy of the PAI held at the registered office of Budget Rent a Car, Auckland. The hirer acknowledges that clauses 10.2 and 10.3 of these terms and conditions set out a brief summary only of the benefits and principal exclusions of the Master Policy of the PAI as at the date of the Master Rental Agreement.
10.2 Benefits of PAI
a) Accidental Death (to occupants aged 15-70) ...Sum Insured $20,000
b) Loss of one or more limbs or eyes ... Sum Insured $10,000
c) Temporary total disablement for a period not exceeding fifty-two weeks from the happening of the event... Sum Insured $20 per week
d) Medical Expenses ... Sum Insured $2,000 (Less any Medical Expenses recoverable under the Accident Compensation Act).
LIMITED IN TOTAL TO $100,000 FOR ANY ONE EVENT
10.3 Principal Exclusions of PAI
No benefits shall be payable in the event of:
10.3.1 There being a violation of the terms and conditions of the Master Rental Agreement.
10.3.2 Intentional injury or suicide.
10.3.3 Mental unsoundness, racing or pacemaking.
10.3.4 Acts of war, riot or civil commotion.
10.3.5 Any accident whilst on board the Inter-Island Ferry.
10.3.6 Disease of any kind, or Childbirth.
10.3.7 Hitch-hikers.
10.3.8 The occupants being under 15 or over 70 years of age.
11. Budget's Obligations
11.1. Budget shall supply the vehicle in a safe and roadworthy condition.
11.2. Budget shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of hire except to the extent that those costs are payable by the hirer.
Note: By virtue of clause 5.4 above, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.
12. Mechanical Repairs and Accidents
12.1. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise Budget of the full circumstances by telephone as soon as practicable.
12.2. The hirer shall not arrange or undertake any repairs or salvage without the authority of Budget (this includes purchasing a replacement tyre) except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
12.3. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer, or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
13. Use of Vehicle
13.1. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for the hire or reward unless the vehicle is hired with the knowledge of Budget for use in a passenger service licensed under Part 1 of the Transport Services Licensing Act 1989.
13.2. The hirer shall not:
(a) Sublet or hire the vehicle to any other person;
(b) Permit the vehicle to be operated outside his or her authority;
(c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against sections 56, 57 and 58 of the Transport Act 1998 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug or both);
(d) Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest;
(e) Operate the vehicle or permit it to be operated to propel or tow any other vehicle;
(f) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Land Transport Act 1998, the Traffic Regulations 1976, or any other Act, regulations, rules, or bylaws relating to road traffic;
(g) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;
(h) Drive or permit the vehicle to be driven by any person if at the time of driving the vehicle, the hirer or other person is not the holder of a current driver's licence appropriate for the vehicle;
(i) Transport any animal in the vehicle (with the exception of Guide Dogs for visually impaired people).
14. Return of Vehicle
14.1. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the location described in the relevant Rental Agreement, or obtain Budget's consent to the continuation of hire.
15. Immediate Return of Vehicle Where Default or Damage
15.1. Budget shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Master Rental Agreement or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of Budget and the rights of the hirer under the Master Rental Agreement or otherwise.
16. Privacy
16.1. Budget shall hold information from the hirer for the purposes of the hirer's rental activity with Budget and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services of Budget. Budget may use the information for any of these purposes. The hirer is entitled to request access to and correction of these details at any time by contacting Budget.
16.2 The information requested from you is to enable this company to assess your request to hire a vehicle from us, and to comply with the requirements of the Transport Services Licensing Act 1989. You do not have to supply this information, but if you do not, we are unable to hire a vehicle to you.
Note to hirer:
Budget must give you at least one copy of the Rental Agreement:
A copy of the Rental Agreement must be kept in the vehicle throughout the term of the hire and produced on demand by any police officer, traffic officer, or other authorised employee of the Land Transport Safety Authority.
Effective date of the Global Rental Agreement is March 1, 2000.
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