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TERMS AND CONDITIONS

Australia

Effective 14 March 2011

The following documents are set out below:

• the Avis Terms and Conditions of Rental (Rental Agreement);

• the Avis Privacy Notice (Avis Privacy Notice);

• the RTA E-Toll Facility Terms and Conditions for the Avis Preferred

Service (RTA Terms and Conditions);

• the RTA Privacy Consent and Agreement for the Avis Preferred Service

(RTA Privacy Consent); and

• the Chartis Personal Accident and Personal Effects Insurance combined

Product Disclosure Statement and Policy (Chartis Policy).

(together, the Australian Terms and Conditions).

Your participation in the Avis Preferred Service Program (Program)

Your participation in the Program is on the following basis:

1. The Australian Terms and Conditions apply only to Your rental of a

Vehicle in Australia.

2. W.T.H. Pty Limited ABN 15 000 165 855 trading as ‘Avis Australia’ (Avis

Australia) may change the Rental Agreement, the Avis Privacy Notice

and the Chartis Policy from time to time.

3. The Roads and Traffic Authority of New South Wales ABN 64 480 155 255

(RTA) may change the RTA Terms and Conditions and the RTA Privacy

Consent (together, the RTA Customer Agreement) from time to time.

4. The Australian Terms and Conditions which govern:

(a) a rental of a Vehicle by You from Avis (as defined in the Rental

Agreement) (Avis); and

(b) Your use of the RTA E-Toll Facility (as defined in the RTA Customer

Agreement) during the rental,

will be those applicable at the time of Your rental as posted on the Avis

Australia website (www.avis.com.au).

5. You can request Avis Australia (during Sydney business hours) to send

you a copy of the Australian Terms and Conditions free of charge.

6. Your Rental Agreement and Your RTA Customer Agreement in respect of

a Vehicle rented from Avis are made on the date that You rent the Vehicle

from Avis.

7. Each time you rent a Vehicle from Avis:

(a) You agree to be bound by the Australian Terms and Conditions;

(b) You accept those services known as ‘Loss Damage Waiver’, ‘Excess

Reduction’ and the ‘Protection Package’ as indicated on Your

Enrolment Profile sent to Avis from time to time (Enrolment Profile);

(c) You accept the ‘Rental Options’ as indicated on Your Enrolment

Profile; and

(d) You consent to Avis and the RTA disclosing your information to

entities located outside Australia for the purposes set out in the

Avis Privacy Notice and the RTA Privacy Consent respectively, on

the basis that neither Avis nor RTA is required to ensure that any

overseas recipient complies with Australian privacy laws.

8. You may change your Enrolment Profile at any time by giving Avis Australia

14 days’ written notice or via your online profile at www.avis.com.au.

9. 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 an Avis Preferred Service rental.

10. Avis Australia may change the locations from where the Program is

available from time to time and without notice to You. You may find out

which Avis locations participate in the Program by asking when You

reserve a Vehicle.

11. You must follow standard Avis rental procedures at locations not

participating in the Program at the time of rental.

12. Avis may terminate Your participation in the Program at any time if You

or an Authorised Driver commits a material breach of the Australian

Terms and Conditions.

OUR COMMITMENT TO YOU

The Avis group is a leading car rental company in Australia and New Zealand

and the winner of major Quality and Customer Service Awards, servicing

both the leisure and business traveller. We are committed to providing

quality service and value for money. In particular:

• we provide only current model vehicles;

• our vehicles are serviced and maintained in accordance with

manufacturers’ recommendations;

• if:

• You consider that Your Vehicle has become in any way defective; or

• You have any other problem in relation to the service Avis provides,

please contact us immediately on our toll free customer hotline 1800

252 321 and we will endeavour to provide a solution at no cost to You;

• we respect Your Consumer Rights (see below); and

• we welcome Your feedback. Please tell us where we are going wrong

by contacting us through our website (www.avis.com.au) at ‘Customer

Service’ or by phone or mail. (We would also like to hear about what we

are doing right).

CONSUMER RIGHTS STATEMENT

‘Your Consumer Rights’ means Your rights as a consumer under applicable

consumer protection legislation, including the Australian Consumer Law,

which cannot be excluded, restricted or modified by this Rental Agreement.

Your Consumer Rights include the right to receive services from Avis which

are rendered with due care and skill.

You can find out more about Your Consumer Rights from consumer

organisations and bodies such as the Australian Competition and Consumer

Commission and State/Territory fair trading authorities.

AVIS TERMS AND CONDITIONS OF RENTAL

INTERPRETING YOUR RENTAL AGREEMENT

1. In these Terms and Conditions:

‘Accessory’ means any equipment attached to the Vehicle, including (as

applicable) any global positioning system receiver or similar device or

any child restraint, booster or similar equipment;

‘Avis Insurance Policy’ means a policy of liability insurance held by

Avis for Your and an Authorised Driver’s liability to a third party for

damage to the property of that third party which is caused by the legal

use of the Vehicle by You or an Authorised Driver;

‘Authorised Driver’ means:

• an additional driver who signs an Additional Drivers Form;

• Your spouse; or

• Your employer or a fellow employee, if either is engaged in activities

that are incidental to Your business duties;

‘Avis’ means W.T.H. Pty Limited ABN 15 000 165 855 trading as ‘Avis

Australia’ or, where applicable, an independent Avis Rent A Car System

licensee;

‘Collection Costs’ means Avis’ reasonable costs of collecting unpaid

Rental Charges from You (including Avis’ legal costs) and Avis’

administration fee of $75 and its debt collection agent’s fee equal to

10% of the unpaid Rental Charges;

‘Enrolment Profile’ means Your current enrolment profile for renting

Vehicles under the Avis Preferred Service as notified in writing to Avis

from time to time;

‘Excess Amount’ means the amount shown as ‘Excess’ on the Rental

Document;

‘Manufacturer’s Specifications’ means the specifications of the

manufacturer of the Vehicle as set out in the Vehicle’s operations

manual located in the glove box of the Vehicle;

‘Overhead Damage’ means damage to the Vehicle or property of any

third party caused by the Vehicle coming into contact with anything above

the top of the door seal and the top of the front and back windscreens;

‘Rental Charges’ means the fees, costs, amounts and charges specified

on the Rental Document or payable under the Rental Agreement;

‘Rental Document’ means the document issued by Avis to You when

a Vehicle is rented to You and which sets out Your details, the Vehicle’s

details and some of the fees, costs, amounts and charges payable under

the Rental Agreement;

‘Rental Period’ means the period commencing on the date shown on the

Rental Document and ending on the date that You return the Vehicle to Avis; ‘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 using the Vehicle as a substitute for the vehicle

insured under that policy;

‘Underbody Damage’ means damage to the Vehicle caused by the

Vehicle coming into contact with any thing below the bottom of the door

seal and the bottom of the front and rear bumper bars;

‘Vehicle’ means the vehicle described on the Rental Document (or any

substitute vehicle), and includes its parts, components, keys, remote

opening devices, any tag or device for paying electronic tolls, all

Accessories and contents supplied by Avis;

‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement

is made; and

‘Your Account’ means the credit card or Avis charge account to which

Your Rental Charges are to be debited.

DRIVER

2.1 You agree and acknowledge that:

(a) only You or an Authorised Driver will drive the Vehicle; and

(b) You and any Authorised Driver hold a current licence (not being a

learner’s licence or provisional licence) to drive the Vehicle and have

been licensed to drive vehicles of the same category as the Vehicle

for at least 12 consecutive months.

2.2 You are responsible for the acts and omissions of an Authorised Driver

or any other person You allow to drive the Vehicle and neither You nor

any unauthorised driver will have the benefit of the Loss Damage Waiver

option or Excess Reduction option (if accepted or included in Your rate) if

You allow an unauthorised driver to drive the Vehicle.

WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE

3.1 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 (unless the Vehicle is a 4 wheel drive vehicle).

3.2 You and any Authorised Driver must not, unless authorised in writing by

Avis, drive or take the Vehicle:

(a) to Kangaroo Island, Bruny Island, Fraser Island, Magnetic Island,

Groote Eylandt, Gove Peninsula or the Tiwi Islands;

(b) into or out of the Northern Territory, Western Australia or Tasmania;

(c) in Queensland:

(1) on Highway No.27: beyond Chillagoe in a Westerly direction;

(2) on Highway No.1: beyond Normanton in a Southerly, direction

and no further North than Karumba;

(3) if the Vehicle is a passenger vehicle or truck, beyond Cooktown

to the North or Lakeland to the West and no further North than

Cape Tribulation on the Coast Road; or

(4) on the Coast Road from Helenvale to Cape Tribulation, or from

Laura to Lakeland, unless the Vehicle is a 4 wheel drive vehicle;

(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) on beaches or through streams, dams, rivers or flood waters;

(f) in Western Australia, to any parts North of Carnarvon.

USE OF THE VEHICLE

4.1 You and any Authorised Driver must:

(a) not use, or allow the Vehicle to be used, for any illegal purpose,

race, contest or performance test of any kind;

(b) not, without Avis’ prior written consent, use, or allow the Vehicle to

be used, to push anything;

(c) not carry, or allow the Vehicle to carry,more passengers than may be

properly accommodated by the seat belt restraints provided in the Vehicle;

(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, without Avis’ prior written consent, use or 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 drive the Vehicle after an accident or hitting an object (including

an animal) until You have obtained Avis’ approval to do so;

(h) 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 Manufacturer’s Specifications and Avis’ recommendations;

(i) not, without Avis’ prior written consent, use the Vehicle to carry any

inflammable substance which has a flash point under 22.8°C or any

other explosive or corrosive substances;

(j) not use the Vehicle for the conveyance or towing of any load unless

You have Avis’ prior written consent; the load is correctly loaded

and secured and not in excess of that for which the Vehicle was

manufactured; for towing, the Vehicle is fitted with a tow bar; and

the conveyance or towing is undertaken in accordance with the

Manufacturer’s Specifications and Avis’ recommendations; and

(k) not use the Vehicle in contravention of any law.

4.2 You must pay for any unauthorised repairs to the Vehicle and for all

parking, speeding and traffic infringements and tolls in respect of the

Vehicle during the Rental Period.

MAINTENANCE, SECURITY AND SAFETY

5.1 You and any Authorised Driver must:

(a) maintain all of the Vehicle’s engine oils and engine coolant levels to

the Manufacturer’s Specifications;

(b) fill the Vehicle with only the fuel type specified in the Manufacturer’s

Specifications;

(c) keep the Vehicle locked and the keys under Your or the Authorised

Driver’s personal control at all times; and

(d) comply with all applicable seat belt and child restraint laws.

5.2 You must not have repairs to the Vehicle carried out unless Avis

authorises You to do so. Avis requires verification of the cost of repairs for

reimbursement and GST purposes. You should obtain an original tax invoice/

receipt to assist Avis. Avis 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 Avis cannot verify the cost of repairs, Avis will not reimburse You.

RETURN OF VEHICLE

6.1 You must return the Vehicle to Avis:

(a) to the place, on the date and by the time shown on the Rental

Document; and

(b) in the same condition as it was at the commencement of the Rental

Period, fair wear and tear excepted.

6.2 If You tell Avis that You wish to return the Vehicle to a location other than

that stated on the Rental Document, Avis will advise You of the amount

of the ‘one-way fee’ that You will incur. If You do not tell Avis in advance,

You must pay a ‘one-way fee’ of up to $2 per kilometre (depending on

the type of Vehicle and the distance travelled) to be determined and paid

at the end of the Rental Period.

6.3 You must return the Vehicle to an Avis 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.

6.4 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) You do not comply with any special conditions set out in the ‘Rates’

section on the Rental Document,

the rates shown on the Rental Document will not apply and You must

pay the Avis standard rate for the Vehicle for the Rental Period.

6.5 Avis may request the immediate return of the Vehicle, or Avis may retake the Vehicle without notice, if Avis reasonably suspects that:

(a) the Vehicle may be used for an unlawful purpose;

(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.

6.6 Avis may re-take the Vehicle after written notice to You if:

(a) You do not return the Vehicle on the date and by the time shown

on the Rental Document and You have not informed Avis of a new

return date and time; or

(b) the credit limit on Your method of payment would be exceeded by

the debiting of the Rental Charges for a requested extension of the

rental of Your Vehicle.

6.7 You must pay Avis all Rental Charges for the period up to the return/

re-taking of the Vehicle as well as any additional costs Avis incurs in

re-taking the Vehicle.FUEL

7.1 You must fill the Vehicle only with the fuel type specified in the

Manufacturer’s Specifications.

7.2 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 amount per litre as set out on the Rental Document.

7.3 The fuel level of the Vehicle at the time You rent it and at the time

You return it to Avis is determined by visual inspection by Avis of the

Vehicle’s fuel gauge.

LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY

8.1 Subject to this clause 8, 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 any person You

allow to drive the Vehicle; or

(ii) which arises from the use of the Vehicle by You or any person

You allow to drive the Vehicle.

This clause 8 does not apply to any damage or loss for which Avis is

liable to You under this Rental Agreement.

Remember that references to the ‘Vehicle’ include all of its parts,

components, Accessories and contents (see the definitions of ‘Vehicle’

and ‘Accessory’ in clause 1).

8.2 Subject to clauses 8.3 and 8.4, Avis waives Your liability under clause

8.1 for damage to, or loss of, the Vehicle and will ensure that You and

any Authorised Driver are entitled to be indemnified under the Avis

Insurance Policy, if:

(a) You accept and pay for the Loss Damage Waiver option on the

Rental Document (or if it is included in Your rate); and

(b) You pay the Excess Amount for each separate event involving:

(i) damage (including hail damage) to, or loss of, the Vehicle; or

(ii) damage to the property of any third party which is caused by

the use of the Vehicle by You or an Authorised Driver.

8.3 Additional amounts payable: In addition to Clause 8.2, You must always

pay to Avis the following costs and fees:

(a) the cost of repairing any:

(i) Overhead Damage or Underbody Damage;

(ii) water damage to the Vehicle;

(iii) damage to the Vehicle or to the property of any third party

caused by a breach of clause 3, 4.1 or 5;

(iv) damage to a tyre or an Accessory not attributable to normal

wear and tear;

(v) damage to the Vehicle or to the property of any third party

caused deliberately or recklessly by You, any other driver of the

Vehicle or any passenger carried during the Rental Period;

(b) the cost of replacing, if lost or stolen, an Accessory; and

(c) if You have breached the Rental Agreement, a per day loss of

revenue fee based on the estimated downtime of the Vehicle.

8.4

(a) For the purposes of this clause 8.4, ‘Recovery Costs’ means, in

relation to the loss of, or damage to, the Vehicle:

(1) any appraisal fees;

(2) any towing, storage and recovery costs; and

(3) an administrative fee reflecting the cost of making arrangements

for repairs and towing and other administrative activities.

(b) If clause 8.2 or 8.3 applies, You must pay to Avis, or Avis may debit

Your Account with, the Excess Amount at the time of loss of, or

damage to, the Vehicle pending Avis’ assessment of the loss and

damage and, if applicable, the repair of the Vehicle, subject to Your

right to a refund under clause 8.5(b).

(c) For the purposes of calculating any refund under clause 8.4(b), Avis

will add the Recovery Costs to the amount of the costs of damage

and repair to the Vehicle.

(d) If clause 8.3 applies, and if the total of the Recovery Costs and the

costs and fees that You must pay under clause 8.3 is greater than the

Excess Amount (with the difference being the ‘Gap Amount’), You must

pay to Avis, or Avis may debit Your Account with, the Gap Amount.

8.5

(a) Where You are required to pay Avis under this clause 8, the amount

You must pay for any loss, damage, repair, cost or fee:

(1) may be reasonably determined by Avis; and

(2) in relation to damage to the Vehicle, is the lesser of the cost of

repairs to the Vehicle or the market value of the Vehicle at the

time of the damage.

(b) If the amount determined by Avis and paid by You under this clause

8.5 exceeds the final cost of the loss, damage or repair, Avis will

refund the difference to You.

(c) Avis will provide details to You of the final cost of the loss, damage

or repair on request by You.

GREENHOUSE INITIATIVE

9. If You make the optional contribution towards the Avis Greenhouse

Initiative then Avis will pay the full amount of Your contribution towards

that Initiative and its administration. That means that Avis will use up (or

have used up on its behalf) a quantity of carbon credits from projects

approved under the Greenhouse Friendly™ Initiative of the Australian

Government which will offset at least some of the greenhouse gases

generated by Your use of the Vehicle. For more information on the

Greenhouse Friendly™ Initiative, visit its website at

www.climatechange.gov.au/greenhousefriendly.

CLAIMS AND PROCEEDINGS

10.1 Where the use of the Vehicle by You, an Authorised Driver, or any

other person results in an accident or claim (‘Incident’), or where

damage or loss is sustained to the Vehicle or the property of any

third party, You must ensure that You or any Authorised Driver:

(a) promptly reports the Incident to the local police (if required

by law);

(b) promptly reports the Incident in writing to Avis;

(c) does not, without Avis’ prior written consent, make or give

any offer, promise of payment, settlement, waiver, release,

indemnity or admission of liability in relation to the Incident;

(d) permits Avis or its insurer at its own cost to bring, defend,

enforce or settle any legal proceedings against a third party in

Your name in relation to the Incident;

(e) permits or ensures that Avis 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,

Avis in making such a claim, including assigning any right to

claim under any Substitute Vehicle Insurance to Avis; and

(f) completes and furnishes to Avis within a reasonable time any

statement, information or assistance which Avis or its insurer

may reasonably require, including attending at a lawyer’s office

and at Court to give evidence.

10.2 Avis will meet Your reasonable out-of-pocket expenses in complying

with clause 10.1(e) or 10.1(f).

10.3 If you do not comply with clause 10.1(b), and Avis is unable to

investigate the Incident, Avis will debit all Rental Charges to Your

Account pending receipt of Your report about the Incident.

PAYMENT

11.1 At the end of the Rental Period, You must pay Avis:

(a) all Rental Charges;

(b) any amount paid or payable by Avis or You to any person arising

out of Your use of the Vehicle or imposed on You or Avis by any

government or other competent authority; and

(c) any amount for which You are liable to Avis under the Rental

Agreement, in respect of a breach of the Rental Agreement

or otherwise. Avis will provide details to You of any amount

payable under this clause 11.1(c).

11.2 Each Rental Charge calculated and invoiced to You at the time of the

return of the Vehicle is subject to subsequent verification by Avis. If

a Rental Charge is to be adjusted, Avis will provide details to You if

Avis has Your contact details.

11.3 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 6.4); plus

(b) the amount payable for the number of kilometres driven during

the Rental Period.

11.4 Distance charges are measured from the Vehicle’s odometer.

11.5 You authorise Avis to charge all amounts payable to Avis under the

Rental Agreement to Your Account.11.6 Avis will pay, within a reasonable time, any refund due to You by

such method as Avis may reasonably choose.

11.7 If You fail to pay any amount due under or in connection with the

Rental Agreement within 14 days of the date by which You were

required to pay the amount, You must also pay Avis:

(a) interest at 10% per annum (compounded daily) on the amount

from the expiry of 14 days from the date on which You were

required to pay the amount to the date of payment; and

(b) on and as demanded, Avis’ Collection Costs including interest

on Avis’ Collection Costs calculated in accordance with clause

11.7(a) from the date of demand.

TERMINATION

12.1 Either party may terminate the Rental Agreement at any time if the

other party commits a material breach of the Rental Agreement.

12.2 Subject to clauses 6.2, 6.3, 6.4 and 11.3, You may terminate the

Rental Agreement at any time by returning the Vehicle to Avis.

PROPERTY IN VEHICLE

13. Unless Avis or an Avis employee acting in the course of their

employment is negligent, Avis is not liable to any person for any loss of,

or damage to any property:

(a) left in the Vehicle after its return to Avis; or

(b) stolen from the Vehicle or otherwise lost during the rental.

AVIS AUSTRALIA PRIVACY NOTICE

We at Avis Australia recognise the importance of protecting your personal

information. This notice explains how the Avis Group (see ‘About Avis’ below)

protects your privacy and summarises how it collects, uses and discloses

personal information about you. For our full Privacy Policy please see

www.avis.com.au or contact us to request a copy.

This notice applies to personal information we hold about you in Australia

only. Because the Avis Group operates a vehicle rental system in many

countries, your personal information will also be held in and accessible by

Avis Group staff located in other countries.

ABOUT AVIS

‘Avis Australia’ is the trading name of W.T.H. Pty Limited ABN 15 000 165

855 (WTH) which is a subsidiary of Avis Rent A Car System, LLC., located

in the United States. These companies are part of the Avis Group. Through

these companies, and their subsidiaries and licensees, the Avis Group

manage thousands of Avis car rental locations around the globe.

For this Notice, Avis Australia, we, us or our means WTH and its Avis

licensees; Avis Group means all Avis companies and licensees world wide.

WHAT PERSONAL INFORMATION DOES AVIS AUSTRALIA

COLLECT ABOUT ME AND HOW DOES IT COLLECT IT?

When you rent a vehicle from Avis Australia, we need to collect certain

information from you. The service you use will determine what information

we collect from you. That information may include your name, contact

details, date of birth, driver’s licence number, payment details, referees,

company name and employee number.

We may collect information about you from you or through a travel agent, a

corporate program, one of our partner programs or through a credit reporting

agency. 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.

HOW IS MY PERSONAL INFORMATION USED OR

DISCLOSED BY AVIS AUSTRALIA?

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 improvements

to our services; and

• maintain and develop our software and other business systems.

Disclosure to third parties

We may disclose your personal information to third parties around the world

including:

• other members of the Avis Group;

• your company or organisation if you use our services under a corporate

account;

• 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 agencies (see ‘Payment default’ below) and fraud

checking agencies;

• debt collection agencies, if you default in payment of amounts owed to us;

• councils, government and private organisations responsible for the

processing of traffic related infringements;

• in relation to an accident or claim, insurers, the police and other persons

involved in the accident or claim;

• 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 the Avis Group. We may also use your personal

information to offer you products and services provided by companies

participating in Avis partner programs. We may continue to provide these

offers to you by email, telephone, fax or any other form of communication

until you opt out. You can opt out by indicating your preference on Your

Enrolment Profile or by contacting us.

Payment default

If you default in the payment of any rental fees or charges to us, we may

give information about you to a credit reporting agency for some or all

of the following reasons: to obtain a credit report about you; to allow the

credit reporting agency to create or maintain a credit information file about

you; and to list your default and the debt on that credit information file.

The information is limited to the types of information that may be disclosed

under the Privacy Act 1988 (Cth) and may include limited identity particulars;

the fact that you owe us money; payment defaults over 60 days for which

debt collection action has started; confirmation if those disclosed payment

defaults are rectified; our opinion if we consider that you have committed a

serious credit infringement (that is, acted fraudulently or shown an intention

not to comply with your contractual obligations).

Disclosures outside of Australia

When you provide us with your personal information, we will enter your

details into the centralised Avis Group databases which are located and

maintained by the Avis Group and its technology service providers (at the date

of this Notice) in the United States. Depending on how you use our services,

your personal information may be accessed by Avis Group personnel.

Some of the countries that the Avis Group operates in have privacy laws

with general application to the private sector; other countries, including the

United States, may not. When you rent a vehicle from Avis Australia, you

accept that we are not required to ensure that recipients of your personal

information outside Australia comply with Australian privacy laws.

WHO CAN I CONTACT FOR FURTHER INFORMATION?

If you have any privacy questions or concerns, or wish to exercise your right

to access or correct your personal information (subject to exceptions under

privacy laws), you can contact our Privacy Officer as follows:

By mail: Level 2, 15 Bourke Road, Mascot NSW 2020

By fax: 02 9353 9017

By telephone: 02 9353 9033

By e-mail: customer.service@avis.com.au

If you are not satisfied with the way in which we handle your enquiry, you can

call the Office of the Australian Information Commissioner on 1300 363 992.

Last updated 14 March 2011.RTA E-TOLL FACILITY TERMS AND CONDITIONS

FOR THE AVIS PREFERRED SERVICE

The Roads and Traffic Authority of New South Wales (ABN 64 480 155 255)

(RTA), through Avis as RTA’s agent, offers an E-Toll Facility to You on these

RTA Terms and Conditions.

At the time of rental of Your Vehicle from Avis, You accept, and agree to be

bound by, these RTA Terms and Conditions.

1. Your E-Toll Facility

(a) Your E-Toll Facility is provided by the RTA to You to enable You to

pay Tolls and Fees relating to the E-Toll System in accordance with

these RTA Terms and Conditions.

(b) In order to use Your E-Toll Facility, You or Your Authorised Driver

must travel in an Electronic Tolling Lane.

(c) You remain responsible at all times for the acts and omissions of

any Authorised Driver, any other person using the Vehicle or any

Authorised Representative using or operating Your E-Toll Facility,

including for any Tolls and Fees they incur.

(d) A Tag may be installed in Your Vehicle as part of the E-Toll Facility.The Tag

is the property of the RTA.You must not use any other tag in the Vehicle

or register for any other electronic or video tolling product in relation to

the Vehicle. If You do use another tag or electronic or video tolling product,

You will still be charged Tolls and Fees by the RTA under these RTA Terms

and Conditions and You may be charged other amounts by the provider

of the other tag or electronic or video tolling product used.

2. Payments, fees and charges in connection with Your E-Toll Facility

(a) You must pay the following amounts to the RTA in connection with

the use of Your E-Toll Facility:

(i) all Tolls (it is Your responsibility to be aware of all Tolls payable

in connection with the use of a toll road);

(ii) the Service Fee for each calendar day on which the Vehicle

incurs a Toll using Your E-Toll Facility;

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

(iv) a Dishonour Fee in the circumstances described in clause 3(c); and

(v) any other costs reasonably incurred by the RTA in enforcing

its rights under these RTA Terms and Conditions, including any

fees or charges imposed by a third party on the RTA where

You have refused or failed to pay any amount under these RTA

Terms and Conditions.

(b) You acknowledge that if You fail to pay any Tolls or Fees as required

by these RTA Terms and Conditions, the RTA may refer that failure to

a Credit Reporting Agency.

(c) You acknowledge that part of the Service Fee is paid to Avis.

3. Payment methods and authority

Payment by Nominated Card

(a) If You are using a Nominated Card to pay for the rental of the Vehicle

or have otherwise provided a Nominated Card for the payment of

Tolls and Fees, You:

(i) promise to the RTA that You are authorised to use the

Nominated Card to meet Your payment obligations under these

RTA Terms and Conditions; and

(ii) authorise the RTA to debit amounts from, or credit funds to, the

Nominated Card in respect of Tolls and Fees and other amounts

payable to, or from, the RTA under these RTA Terms and Conditions.

(b) RTA will debit Tolls and Fees from the Nominated Card as soon as

practicable after the relevant Tolls and Fees are incurred or, where

applicable, notified to the RTA by a toll road operator.

(c) If:

(i) there are insufficient funds available in the Nominated Card

to meet Your payment obligations under these RTA Terms and

Conditions; or

(ii) a transaction on the Nominated Card is declined for any reason,

save for:

(A) the negligence of, or wilful misconduct by, the RTA or any

of its officers, employees or agents; or

(B) an RTA systems error,

You will be charged a Dishonour Fee by the RTA and You (or, if

relevant, the Nominated Card Holder) may be charged fees, charges

and interest by Your financial institution or, if relevant, the financial

institution of the Nominated Card Holder.

(d) You must ensure that You immediately provide the RTA with details

for an alternative Nominated Card, which can be used to meet Your

obligations under these RTA Terms and Conditions, and an authority

for the RTA to debit the alternative Nominated Card, if:

(i) the existing Nominated Card is cancelled, suspended or is

otherwise not useable; or

(ii) the existing Nominated Card Holder cancels Your authorisation

to use the existing Nominated Card.

Payment by Your RTA Charge Account Holder

(e) If You are using an Avis Australia Charge Account to pay for the

rental of the Vehicle:

(i) You promise to the RTA that You are authorised to incur Tolls

and Fees and to have those Tolls and Fees debited to the RTA

Charge Account; and

(ii) the RTA will issue Your RTA Charge Account Holder with a

monthly invoice recording all Tolls and Fees incurred or, where

applicable, notified to the RTA by a toll road operator.

(f) You must immediately provide the RTA with updated or alternate

payment method details if the RTA Charge Account is cancelled or

altered or if You are no longer authorised to incur Tolls and Fees on

that RTA Charge Account.

4. Errors in charging Tolls and Fees

(a) If the RTA incorrectly credits You with, or pays to You, an amount

in connection with Your E-Toll Facility the RTA may recover that

amount from You provided that the RTA has given You 10 days prior

written notice of its intention to do so.

(b) The RTA will pay, within a reasonable time, any refund due to You

in connection with Your E-Toll Facility by such method as RTA may

reasonably choose.

5. E-Toll Facility Transaction Summary

(a) You may view a Transaction Summary without charge at any time

by logging on to www.rta.nsw.gov.au/rentalcars.

(b) If You request that we provide a Transaction Summary to You, You

will be charged the applicable Processing Fee for the method of

delivery elected by You (if that method is stated to be available).

6. Lost, stolen or malfunctioning Tags

(a) You must immediately inform Avis if either of the following occur:

(i) the Tag is lost or stolen or You become aware that the Tag

malfunctions or is in any way defective; or

(ii) the Vehicle is lost or stolen.

(b) If You inform Avis that the Tag is malfunctioning or is in any way

defective, Your E-Toll Facility will still enable You to use the E-Toll

System and to pay Tolls and Fees in accordance with these RTA

Terms and Conditions and You will continue to be liable for Tolls and

Fees.

(c) If the Tag or the Vehicle is lost or stolen and You have immediately

informed Avis, You will not be liable for Tolls and Fees incurred by

that Tag or Vehicle from the time that You have informed Avis.

7. GST

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

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

payable.

8. General

(a) New South Wales laws govern these RTA Terms and Conditions.

(b) Unless agreed otherwise, if You, an Authorised Driver or Authorised

Representative need to notify the RTA of any matters or make a

request in relation to Your E-Toll Facility, it must be made in writing

by mail, email or facsimile. All notice details are contained on

www.rta.nsw.gov.au/rentalcars or You may call 131 865.

Notification is effective only upon the RTA’s receipt of written

confirmation.9. Amendment

The RTA may vary these RTA Terms and Conditions from time to time.

The terms and conditions governing Your E-Toll Facility during Your

rental of a Vehicle will be the RTA Terms and Conditions applicable at

the time of Your rental as posted on the Avis website (www.avis.com.

au) at that time. You can access a copy of the RTA Terms and Conditions

at any time from the Avis website or you can request (during (Sydney)

business hours) the RTA to send you a copy of this document free of

charge (telephone 131 865).

10. Definitions

In these RTA Terms and Conditions, except where the context otherwise

requires:

“Authorised Driver” has the same meaning given to that term in Your

Rental Agreement.

“Authorised Representative” means an individual who is 18 years or

older and who is authorised by You to use and access Your E-Toll Facility.

“Avis” means W.T.H. Pty Limited ABN 15 000 165 855 trading as ‘Avis

Australia’ or, where applicable, an independent Avis Rent A Car System

licensee.

“Avis Australia Charge Account” means the charge account

established by Your RTA Charge Account Holder with Avis.

“Credit Reporting Agency” means a corporation that carries on a

credit reporting business.

“Dishonour Fee” means:

(a) in relation to payment by a Nominated Card, a fee of $1.15;

(b) in relation to payment by cheque, a fee of $20.00; and

(c) in relation to payment by money order, a fee of $25.00.

“Electronic Tolling Lane” means a Tolling Lane which is designated as

permitting the payment of Tolls by electronic means.

“E-Toll Facility” means the facility described in clause 1(a).

“E-Toll System” means the entire system relating to electronic tolling

operated by the RTA, any operator of a toll road or any Tag Issuer or

Pass Issuer.

“Fees” means each of the fees and costs (and any taxes applicable to

them) described in clauses 2(a)(ii) – 2(a)(v) inclusive of these RTA Terms

and Conditions.

“GST” has the same meaning as in A New Tax System (Goods and

Services Tax) Act 1999 (Cth).

“Nominated Card” means the valid credit card nominated by You as

the source of payment for all Tolls and Fees.

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

Nominated Card.

“Pass Issuer” means a toll road operator that uses the E-Toll System

and issues, or an entity that does not operate a toll road but issues,

passes or other electronic or video tolling products for the purpose of

the E-Toll System.

“Processing Fee” means in relation to a Transaction Summary

delivered:

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

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

“Rental Agreement” means the ‘Australian Terms and Conditions’

contained in the ‘Worldwide Terms and Conditions’ for the Avis Preferred

Service which are applicable at the time of Your rental of the Vehicle as

posted on the Avis website (www.avis.com.au) and which govern the

rental of a Vehicle by a member of the Avis Preferred Service.

“RTA Charge Account” means the charge account established by Your

RTA Charge Account Holder with RTA.

“RTA Terms and Conditions” means these RTA E-Toll Facility Terms

and Conditions for the Avis Preferred Service as varied from time to time

in accordance with clause 9.

“Service Fee” means a fee of $2.20.

“Tag” means the RTA device installed in the Vehicle to enable the

payment of Tolls by electronic means.

“Tag Issuer” means a toll road operator who uses the E-Toll System

and issues tags, or an entity that does not operate a toll road but issues

tags for the purpose of the E-Toll System.

“Toll” means all toll charges or other fees and charges imposed by the

operator of a toll road for, or taxes payable in respect of, each Trip taken

by the Vehicle during the period in which You have hired the Vehicle.

“Tolling Lane” means a lane on a toll road at a toll collection point.

“Tolls and Fees” means all Tolls and Fees and any other payments,

amounts or charges referred to in these RTA Terms and Conditions.

“Transaction Summary” means a summary of the transactions

(including the Tolls and Fees incurred) on Your E-Toll Facility.

“Trip” means the driving of a Vehicle past a toll collection point.

“Vehicle” has the same meaning given to that term in Your Rental

Agreement.

“You” or “Your” refers to the person(s) who have agreed to be bound to

these RTA Terms and Conditions and with whom the Rental Agreement

is made.

“Your RTA Charge Account Holder” means the person which has

entered into an agreement with the RTA for the payment of the Tolls and

Fees during the rental of a Vehicle.

11. Interpretation

(a) Headings are for convenience only and do not affect interpretation.

Any use of the singular includes the plural and the converse applies.

A gender includes all genders.

(b) Any reference to dollars and $ is to Australian currency.

(c) The word includes in any form is not a word of limitation.

(d) A reference to a person includes any type of entity or body of

persons, whether or not it is incorporated or has a separate legal

identity.

RTA PRIVACY CONSENT AND AGREEMENT

FOR THE AVIS PREFERRED SERVICE

RTA is required to comply with Privacy Laws and other road transport, driver

licensing and vehicle registration legislation when dealing with any Personal

Information, including E-Toll Information.

This document contains consents and promises from You in relation to

E-Toll Information collected from You and from third parties to enable RTA

and others to collect, use and disclose it for Permitted Purposes. You are not

required by law to provide E-Toll Information to RTA, but if You do not, RTA

will not be able to provide the E-Toll Facility to You. Your Personal Information

will be held by the RTA at Level 3, Octagon Building, 99 Phillip Street

Parramatta or at any new or additional address or addresses disclosed in

RTA’s privacy policy from time to time.

The RTA’s privacy policy, which explains our privacy practices including

how to make an application to access or correct information about You or a

complaint, and our complaints handling processes, is available at:

www.rta.nsw.gov.au/aboutus/privacy/index.html or (02) 8588 4981

The RTA may vary this document from time to time. The terms of the RTA

Privacy Consent and Agreement for the Avis Preferred Service governing

Your E-Toll Facility during Your rental of a Vehicle will be the version

applicable at the time of Your rental as posted on the Avis website (www.

avis.com.au) at that time. You can access a copy of the RTA Privacy Consent

and Agreement for the Avis Preferred Service at any time from the Avis

website or you can request (during Sydney business hours) the RTA send

you a copy of this document free of charge (telephone (02) 8588 4981).

Consents given by You

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

authorise:

1.1 collection of E-Toll Information by any Authorised Information Recipient

from any person (including from Avis and from video and/or camera

surveillance of toll roads conducted by RTA or third parties for traffic

management or toll violation enforcement purposes);

1.2 use and disclosure of E-Toll Information by and to Authorised

Information Recipients for the Permitted Purposes;

1.3 disclosure of E-Toll Information in online accounts accessible to any

person with access to Your Agreement Number and surname; and

1.4 disclosure of E-Toll Information to persons outside Australia for the

Permitted Purposes on the basis that RTA is not required to ensure that

any overseas recipient complies with the Privacy Laws.Promises made by You

2. You promise that:

2.1 prior to disclosing any information to RTA or Avis about an Individual, You

have obtained their consent to the matters in clause 1; and

2.2 all information You provide to RTA about You or any Individual is or will be

accurate, complete and up-to-date, and will not be false or misleading.

Definitions

“Agreement Number” means a unique agreement number provided to You

by Avis or by RTA in connection with the Rental Agreement.

“Associated Contractors” means RTA’s suppliers, agents, distributors and

contractors in relation to any Permitted Purposes.

“Authorised Information Recipient” means RTA, Avis, and each Authorised

Driver, Authorised Representative and Intended Recipient.

“Clearing House” means any person who operates a clearing house for

operators of toll roads, or Tag Issuers or Pass Issuers or any combinations

of these.

“Enrolment Profile” means Your current enrolment profile for renting

Vehicles under the Avis Preferred Service as notified in writing to Avis from

time to time.

“E-Toll Information” means any information relating to You or Your E-Toll

Facility, Vehicle, the location of a Tag or Vehicle at any time, the direction

of travel, or video and/or camera surveillance operated at toll roads. E-Toll

Information may include Personal Information about:

(a) You; or

(b) any Individual,

including a name, address, phone number, email address, drivers licence

number, date of birth, Vehicle hire and usage information, billing or financial

information, Enrolment Profile, Rental Agreement, Nominated Card,

Avis Australia Charge Account, RTA Charge Account and other Personal

Information contained in video and/or camera surveillance of toll roads for

traffic management or toll violation enforcement purposes conducted by RTA

or obtained by RTA from third parties.

“Individual” means any individual, including any Authorised Driver,

Authorised Representative, Nominated Card Holder and Your RTA Charge

Account Holder.

“Intended Recipients” means the following parties both within and

outside NSW: (i) Credit Reporting Agencies; (ii) Associated Contractors; (iii)

Tag Issuers; (iv) Pass Issuers; (v) any bank, financial institution or Clearing

House; (vi) RTA’s professional advisers including legal advisers, accounting

advisers and other professional advisers; (vii) driver licensing and vehicle

registration agencies, law enforcement agencies, public revenue authorities,

road safety authorities and solicitors in relation to motor vehicle accidents;

(viii) owners and other operators of toll roads; and (ix) persons providing

services to any of the entities set out in (i) to (viii).

“Permitted Purposes” means any one or more of:

(a) facilitating the use of and carrying out functions and activities relating

to: (i) tolls and their enforcement; (ii) the E-Toll System; (iii) any

cashback system; (iv) Your E-Toll Facility and Tags; (v) verification of

Your Rental Document (including verifying the details of a Nominated

Card Holder or Your RTA Charge Account Holder); (vi) obtaining feedback

about the E-Toll System and Your E-Toll Facility; and (vii) analysing

information relating to traffic conditions, travel times and road usage

and disclosing aggregate information (including to the public);

(b) auditing of the E-Toll System;

(c) law enforcement;

(d) the enforcement of a law imposing pecuniary penalty;

(e) the protection of the public revenue;

(f) road safety;

(g) release of information to solicitors acting as agents for their clients in

relation to motor vehicle accidents where RTA is compelled to do so by a

court order;

(h) obtaining advice and professional services on a confidential basis;

(i) market research and statistical analysis;

(j) other purposes related or incidental to the purposes listed above; and

(k) such other purposes as are permitted by Privacy Laws, in each case

both within and outside NSW.

“Personal Information” means information or an opinion (including

information or an opinion forming part of a database and whether or not

recorded in a material form) about an individual whose identity is apparent

or can reasonably be ascertained or is reasonably identifiable from the

information or opinion and any other information subject to the Privacy Laws.

“Privacy Laws” means the privacy laws which apply to RTA from time to

time, including the Privacy and Personal Information Protection Act 1998

(NSW) for so long as it applies to RTA and any other current or future

legislation, mandatory codes and policies relating to the handling of Personal

Information which apply to RTA.

“RTA” means the Roads and Traffic Authority of New South Wales

(ABN 64 480 155 255).

Other capitalised terms in this document have the meaning given in clause

10 of the RTA E-Toll Facility Terms and Conditions for the Avis Preferred

Service.

Clause 11 of the RTA E-Toll Facility Terms and Conditions for the Avis

Preferred Service applies to the interpretation of this document.

PAI/PEB POLICY

W.T.H. PTY LIMITED TRADING AS “AVIS AUSTRALIA”

PERSONAL ACCIDENT INSURANCE (PAI)

PERSONAL EFFECTS INSURANCE (PEB)

POLICY

Combined Product Disclosure Statement and Policy Wording

This Policy is issued/insured by Chartis Australia Insurance Limited (Chartis),

ABN 93 004 727 753, AFSL No 381686.

Melbourne: Level 12, 717 Bourke Street, Docklands VIC 3008

Sydney: Level 19, 2 Park Street, Sydney NSW 2000

Brisbane: 10 Eagle Street, Brisbane QLD 4000

Perth: 77 St. George’s Terrace, Perth WA 6000

T 1300 030 886 (Australia wide) T +61 3 9522 4000 (International)

F 1300 634 940 (Australia wide) F +61 3 9522 4645 (International)

Website: www.chartisinsurance.com.au

This document contains your Insurance Policy terms, Provisos, Exclusions

and Conditions. It is important that you read and understand it and retain it

in a safe place.

Date Prepared: 1 March 2011

HOW THIS INSURANCE IS ARRANGED

This cover is provided under a Group Insurance Policy issued to W.T.H. Pty

Ltd trading as Avis Australia (“Avis Australia”) by: Chartis Australia Insurance

Limited (Chartis) ABN 93 004 727 753, AFSL No 381686.

Level 12, 717 Bourke Street, Docklands VIC 3008.

Chartis issues/insures this product pursuant to an Australian Financial

Services Licence (“ASFL”) granted to us by the Australian Securities and

Investments Commission.

Chartis prepare this Product Disclosure Statement. The Group Policy

of Insurance issued to Avis Australia provides benefits to Avis Australia

customers who purchase the Protection Package and is not available for

individual purchase or sale to retail clients. Avis Australia do not act on

behalf of Chartis or receive any commission or benefit from Chartis in

purchasing this cover.

CONTENTS

PRODUCT DISCLOSURE STATEMENT

POLICY WORDING

Definitions

Section 1 – Personal Accident Insurance

Part A – Capital Benefits

Part B – Weekly Injury Benefit

Section 2 – Personal Effects Insurance

General Exclusions

General ConditionsPRODUCT DISCLOSURE STATEMENT

1. WHAT IS THE PRODUCT DISCLOSURE STATEMENT?

The Product Disclosure Statement (‘PDS’) contains information

about key benefits and significant features of this Personal Accident

and Personal Effects Insurance which is included in the cost of the

Protection Package.

The terms and conditions of this insurance are contained in the Policy

Wording.

2. KEY BENEFITS

This cover is provided under a Group Insurance Policy issued to Avis

Australia. Cover is not available for individual purchase or sale.

Cover provides compensation for a specified range of Events including:

Full details of the benefits and maximum sums insured for each level of

cover are contained in the Policy Wording including the Table of Events.

Cover is limited to the benefits as listed in the Table of Events and is

subject to the terms, conditions and exclusions in the Policy Wording.

3. IMPORTANT INFORMATION

Please read the Policy Wording carefully for full details about lodging a

claim, the benefits, terms and conditions that apply to this insurance.

Take special note of the following:

• The Policy Wording contains a Definitions section.

• There are some circumstances where cover cannot be provided.

These are covered in the Policy Wording. Please take special note

of the General Exclusions applicable to all sections of the policy listed

within the Policy Wording.

• General Conditions also apply. These are located within the Policy

Wording.

• Age limits apply to this policy. To be eligible for cover under this policy

Insured Person(s) must be at least 18 years of age and less than 70 years

of age. Full details of age limits can be found within the Policy Wording.

This document also contains important information about the rights and

obligations of insured persons including information about Privacy and

General Insurance Code of Practice.

4. COSTS

Avis Australia pay Chartis an annual premium to purchase a Group Insurance

Policy which provides cover for Avis Australia customers who purchase

the Protection Plan. The cost of the insurance is included in the cost of the

Protection Package.

Deductible or excess

An excess of $25 applies to any claim under Section 2 – Personal Effects

Insurance.

5. HOW TO MAKE A CLAIM

Information on claims can be found under the section titled General

Conditions in the Policy Wording. Please read this carefully. Claims need

to be submitted with proof of identity and original supporting documentation

such as doctor’s reports, receipts, and where requested, additional Proof of

Loss. Claims should be delivered to the address shown on the inside cover

of this document. In the event of claims under some policy sections, an

excess may apply.

Please refer to the Policy Wording for further details.

6. CODE OF PRACTICE

Chartis is a signatory to the General Insurance Code of Practice. This aims

to raise the standards of practice and service in the insurance industry,

improve the way the claims and complaints are handled and help people

better understand how general insurance works. Information brochures on

the Code are available on request.

7. DISPUTE RESOLUTION

We are committed to handling any complaints about our products or

services efficiently and fairly.

If you have a complaint:

1. Contact Us on Our dedicated complaints line – 1800 339 669.

2. If Your complaint is not satisfactorily resolved You may request that the

matter be reviewed by management by writing to:

The Compliance Manager

Chartis

Level 12

717 Bourke Street

Docklands VIC 3008

3. If You are still unhappy, You may request that the matter be reviewed

by Our Internal Dispute Resolution Committee (“Committee”). We will

respond to You with the Committee’s findings within 15 working days.

4. If You are still not satisfied with the finding of the Committee, You may

be able to take Your matter to an independent dispute resolution body,

Financial Ombudsman Service (FOS). This external dispute resolution

body can make decisions with which Chartis are obliged to comply.

Contact details are:

Financial Ombudsman Service

Phone: 1300 78 08 08 (local call fee applies)

Email: info@fos.org.au

Internet: www.fos.org.au

GPO Box 3, Melbourne, VIC 3001

THE POLICY WORDING

DEFINITIONS

In this Policy the following definitions apply:

Authorised Driver means any person listed or described as an Authorised

Driver in the Rental Agreement.

Compensation means, for Section 1 of the Policy, the amount payable by Us

upon the happening of an Event shown in the Table of Events in Section 1 of

the Policy.

Event means, for Section 1 of the Policy, an Event set out in the Table of

Events in Section 1 of the Policy.

Excess means the first amount of each and every loss payable by the

Insured Person.

Income means:

(a) As regards to a salaried Insured Person, the average gross weekly

income earned from personal exertion before personal deductions and

income tax, but excluding bonuses, commissions, overtime payments

and other allowances; or

(b) As regards to a T.E.C. (ie total employee cost) or salary package Insured

Person, the average gross weekly value of the income package earned

from personal exertion (including, but not limited to wages, and/or

salary, motor vehicle and/or travelling allowances, club subscriptions

and fees, housing loan or rental subsidy, clothing or meal allowances)

before personal deductions and income tax, but excluding bonuses,

commissions, overtime payments and other allowances; or

(c) As regards to a self-employed Insured Person, the average gross

weekly income earned from personal exertion after the deduction of

all business expenses necessarily incurred in earning that income; all

derived during the 12 calendar months period immediately preceding

the Injury giving rise to the claim under this Policy.

Injury means a bodily injury to an Insured Person resulting from an accident

caused by sudden, violent, external and visible means and occurring solely

and directly and independently of any other cause including any pre-existing

physical or congenital condition, provided the Injury

(a) occurs on or after the Insured Person’s Effective Date of Individual

Insurance (as set out in item 1 under the heading “General Conditions

for PAI and PEB”), and

(b) results in any of the Events specified in the Table of Events in Section 1

of the Policy within 12 calendar months from the date of such Injury.

SECTION SECTION TITLE COMPENSATION FOR

Section 1 Personal Accident Refer to information provided in Part A

Insurance and Part B below.

Part A Capital Benefits Injury resulting in Death, Permanent Total

Disablement and specified Permanent Total

Loss.

Part B Weekly Injury Weekly Injury Benefit for Injury resulting in

Benefit Temporary Partial Disablement or Temporary

Total Disablement.

Benefits are reduced under Part B by the

amount of any Workers Compensation, any

other insurance or third party motor vehicle

compensation payouts that you may be

entitled to. Weekly benefits are limited to a

52 week period.

Section 2 Personal Effects Loss of or damage to Luggage and Personal

Insurance Effects contained within the rental vehicle.Insured Person means each of:

(a) in respect of cover under PAI, the Renter and an Authorised Driver; and

(b) in respect of cover under PEB, the Renter, an Authorised Driver and any

person travelling with the Renter and Authorised Driver, but excluding

any hitchhiker.

Limb means the entire limb between the shoulder and the wrist or between

the hip and the ankle.

Non-Medicare Medical Expenses means:

(a) Expenses that are not subject to any full or partial Medicare rebate

nor are they recoverable by the Insured Person from any other source

and are incurred within 12 calendar months of the Insured Person

sustaining Injury;

(b) They must be paid by the Insured Person and be for treatment certified

necessary by a legally qualified medical practitioner, to a registered

Private Hospital, physiotherapist, chiropractor, osteopath, nurse or

similar provider of medical services;

(c) They include the cost of medical supplies or ambulance hire;

(d) They do not include the cost of dental treatment unless it is necessarily

incurred to sound and natural teeth, other than first teeth or dentures,

and is caused by Injury.

Note: Non-Medicare Medical Expenses does not include any or part of

any expenses for which a Medicare benefit is paid or is payable, nor

does it include the balance of monies due or payable by the Insured

Person after deduction of any Medicare benefit or rebate. (Commonly

known as the “Medicare Gap”).

Refund Not Available:

We shall not be liable to make any refund in respect of:

(a) Any expense recoverable by the Insured Person from any other

insurance scheme or any plan providing medical/physiotherapy or

similar coverage or from any other source except for the excess of the

amount recoverable from such other insurance plan or source;

(b) Any expense to which Section 67 of the National Health Act 1953 (as

amended) or any of the regulations made under it apply;

(c) More than the specified percentage of each claim less all deductions

and the Excess shown in Part C of the Table of Events;

(d) Any expense which We are prohibited by Law from paying.

Our Total Liability shall not exceed in the amount specified in Part C of the

Table of Events, in respect of any one Injury.

PAI means the cover provided under Section 1 of this Policy.

PEB means the cover provided under Section 2 of this Policy.

Permanent means lasting 12 consecutive months and at the end of that

period being beyond hope of improvement.

Permanent Total Disablement means total disablement which continues

for 12 consecutive months and at that time is certified by a registered

and legally qualified medical practitioner (who is not the Insured Person

or a family member) as being beyond hope of improvement and entirely

preventing the Insured Person forever from engaging in any business,

profession, occupation or employment for which he or she is reasonably

qualified by training, education or experience.

Policy Period means in relation to You, the period specified in the Policy

Schedule and in relation to a Renter, it means the period of hire of a Avis

Australia vehicle for the Avis Rental Period specified in the Rental Agreement.

Renter means the person with whom You have made the Rental Agreement.

Rental Agreement means the Avis Standard Rental Agreement or Avis

Worldwide Master Rental Agreement that is in force when the Injury, loss or

damage that gives rise to a claim under this Policy occurs.

Temporary Total Disablement means that as a result of Injury the Insured

Person is wholly and continuously prevented from engaging in his or her usual

occupation and is under the regular care of and acting in accordance with

the instructions or professional advice of a registered and legally qualified

medical practitioner who is not the Insured Person or a family member.

Terrorist Act – means any actual or threatened use of force or violence

directed at or causing damage, injury, harm or disruption, or committing of

an act dangerous to human life or property, against any individual, property

or government, with the stated or unstated objective of pursuing economic,

ethnic, nationalistic, political, racial or religious interests, whether such

interests are declared or not. Robberies or other criminal acts, primarily

committed for personal gain and acts arising primarily from prior personal

relationships between perpetrator(s) and victim(s) shall not be considered

Terrorist Acts. Terrorism shall also include any act which is verified or

recognised by the (relevant) Government as an act of terrorism.

Total and Permanent Loss means the Permanent and total physical loss

of the body part referenced in the Table of Events. Where that body part is a

Limb, Total and Permanent Loss means the Permanent and total physical loss

or loss of use of that body part referenced in the Table of Events in Section 1 of

this Policy, or for an eye entire and irrecoverable loss of sight in that eye.

War – means war, whether declared or not, or any warlike activities,

including use of military force by any sovereign nation to achieve economic,

geographic, nationalistic, political, racial, religious or other ends.

We/Our/Us/Insurer means Chartis Australia Insurance Limited (Chartis)

ABN 93 004 727 753, AFSL 381686.

You/Your means W.T.H. Pty Limited ABN 15 000 165 855 trading as “Avis

Australia”. Words in the singular include the plural and vice versa.

SECTION 1 – PERSONAL ACCIDENT INSURANCE (PAI)

Cover under this Section is provided only if the Renter has signed the Rental

Agreement accepting cover for PAI.

SCOPE OF COVER

This Section of the Policy covers the Insured Person whilst he or she is:

(a) the driver of an Avis Australia vehicle, or

(b) entering through the driver’s door of an Avis Australia vehicle for the

purpose of driving the vehicle, or

(c) alighting through the driver’s door of an Avis Australia vehicle

immediately after having driven the vehicle.

EXPOSURE

If an Insured Person suffers an Event as a direct result of exposure to the

elements, We will pay the Compensation shown for that Event.

DISAPPEARANCE

If an Insured Person disappears and after twelve calendar months it is

reasonable for Us to believe they have died due to an insured Injury, We

will pay the Compensation shown for Event 1 (Death) subject to receipt

of a signed undertaking given by the legal personal representative of the

Insured Person that any such Compensation shall be refunded if it is later

demonstrated that the Insured Person did not die as a result of an Injury.

SPECIAL PROVISIONS FOR PAI

1. Compensation payable under Event 1 (Death) is payable to the Insured

Person’s legal personal representative. All other compensation is

payable to the Insured Person(s).

2. In respect to the Capital Benefits in Part A of the Table of Events:

(a) In the event of multiple Injuries sustained in the same accident

and more than one Event can be claimed, only one Event will be

compensated.

(b) If an Insured Person suffers an Injury resulting in any one of

the Events 2 to 9 We will not be liable under this Policy for any

subsequent Injury to that Insured Person.

(c) Any Compensation payable for Events 2 to 19 listed in Part A of the

Table of Events shall be reduced by any Compensation already paid

under Event 20 in Part B of the Table of Events in respect of the

same Injury.

3. Compensation is not payable:

(a) For more than one of the Events under Part B of the Table of Events

[Weekly Injury Benefit] in respect of the same period of time.

(b) To more than one Insured Person in the event an accident causes

Injuries to more than one Insured Person.

(c) For longer than 52 weeks in respect of the Events in Part B of the

Table of Events – [Weekly Injury Benefit] as regards any one Injury.

(d) Unless as soon as possible after the happening of any Injury

giving or likely to give rise to a claim, the Insured Person obtains

and follows proper medical advice from a registered and legally

qualified medical practitioner who is not the Insured Person or a

family member.

4. WEEKLY BENEFITS LIMITATION

For each Insured Person, the Compensation payable under Part B of the

Table of Events [Weekly Injury Benefit] is limited to the amount stated

in Part B of the Table of Events or the Insured Person’s weekly Income,

whichever is the lesser. If the Insured Person is entitled to receive:

(a) Weekly or periodical disability benefits under any other policy of

insurance; and/or (b) Weekly or periodical disability benefits under any Workcover or

Workers Compensation Act or other Statutory body having a similar

effect; or under the Wrongs Act, or under any Compulsory Third

Party or Motor Vehicle Act, or Transcover or Transport Accident Act

or other Statutory body having similar effect; and/or

(c) earned income from any other occupation; then Compensation

payable under Part B of the Table of Events [Weekly Injury Benefit]

will be reduced by the amount necessary to limit the total of all

payments and/or Compensation to his or her weekly Income or the

limit stated in the Table of Events, whichever is the lesser.

5. RECURRENCE OF TEMPORARY TOTAL DISABLEMENT [WEEKLY

INJURY BENEFIT]

If an Insured Person receives Compensation under Part B of the Table

of Events [Weekly Injury Benefit] and while this Policy is in force suffers

a recurrence of Temporary Total Disablement from the same or related

causes within 6 consecutive months of his or her return to his or her

occupation on a full time basis, We will consider such Disablement

to be a continuation of the prior claim period. The period of recurring

Disablement will be aggregated with the prior claim period.

6. AGGREGATE LIMIT OF LIABILITY

Our total liability for all claims under PAI which arise out of one accident

or series of related accidents shall not exceed $1,000,000.

7. AGE LIMITS

We will not be liable for any Event which happens to an Insured Person

unless at the date of the Injury they are at least 18 years of age and less

than 70 years of age.

TABLE OF EVENTS FOR PAI – PART A CAPITAL BENEFITS

Cover under this Section is provided only if the Renter has signed the Rental

Agreement accepting cover for PAI. The Compensation for each Event is

payable as a percentage of the Capital Sum.

CAPITAL SUM $75,000

THE EVENTS THE COMPENSATION

Injury as defined, resulting in:

1. Death 100%

2. Permanent Total Disablement 100%

3. Permanent Paraplegia or Quadriplegia 100%

4. Permanent Total Loss of sight of both eyes 100%

5. Permanent Total Loss of sight of one eye 100%

6. Permanent Total Loss of use of two Limbs 100%

7. Permanent Total Loss of use of one Limb 100%

8. Permanent Total Loss of the lens of both eyes 100%

9. Permanent Total Loss of the lens of one eye 50%

10. Permanent Total Loss of hearing in

(a) both ears 75%

(b) one ear 15%

11. Third degree burns and/or resultant

disfigurement received from fire or chemical

reaction which extend to cover more than

40% of the entire external body 50%

12. Permanent Total Loss of use of four Fingers

and Thumb of either Hand 70%

13. Permanent Total Loss of use of four Fingers

of either Hand 40%

14. Permanent Total Loss of use of one Thumb

of either Hand

(a) both joints 30%

(b) one joint 15%

15. Permanent Total Loss of use of Fingers of

either Hand

(a) three joints 10%

(b) two joints 7%

(c) one joint 5%

16. Permanent Total Loss of use of Toes of

either Foot

(a) all – one Foot 15%

(b) great – both joints 5%

(c) great – one joint 3%

(d) other than great, each Toe 1%

17. Loss of at least 50% of all sound and

natural teeth, including Per tooth, capped

or crowned teeth, but excluding first teeth. 1% (to $10,000

and dentures in total for all teeth)

18. Shortening of leg by at least 5cm. 7%

19. Permanent partial disablement not

otherwise provided

PART B WEEKLY INJURY BENEFIT – PAYABLE TO WAGE EARNERS ONLY

THE EVENTS THE COMPENSATION

Injury as defined, resulting in:

20. Temporary Total Disablement 20. During such Disablement up to

a maximum of 52 weeks $150

per week or Income as defined,

whichever is the lesser.

PART C NON MEDICARE MEDICAL EXPENSES

THE EVENTS THE COMPENSATION

Injury as defined, resulting in:

21. Non Medicare Medical 21. To an amount not exceeding

Expenses $7500 for any one Injury.

An Excess $50 applies to each

and every claim.

EXCLUSIONS

In addition to the General Exclusions for PAI and PEB, We will not pay for any

Event arising directly or indirectly out of:

1. Any sickness or disease.

2. Effects of pregnancy or childbirth, not withstanding that such an Event

may have been accelerated or induced by accident.

3. Sexually transmitted disease, or Acquired Immune Deficiency Syndrome

(A.I.D.S.) disease or Human Immunodeficiency Virus (H.I.V.) infection.

4. Effects of alcohol and/or drugs not prescribed by a registered and

legally qualified medical practitioner.

5. Medical expenses incurred more than 12 calendar months following an

Injury.

6. Dental expenses unless they were necessarily incurred to sound and

natural teeth, other than first teeth or dentures, and were caused by Injury.

SECTION 2 – PERSONAL EFFECTS INSURANCE (PEB)

Cover under this Section is provided only if the Renter has signed the Rental

Agreement accepting cover for PEB.

SCOPE OF COVER

This Section covers accidental loss of or damage to the Insured Person’s

luggage or personal effects whilst contained in the vehicle which is subject

to the Rental Agreement.

19. Such percentage of

the Capital Sum Insured

as We in Our absolute

discretion shall determine

and being in Our opinion

not inconsistent with the

Compensation provided

under Events 3 to 18.

The maximum amount

payable under Event 19 is

75% of the Capital Sum

Insured shown in the

Table of EventsDUTIES OF THE INSURED PERSON

An Insured Person shall take all reasonable precautions for the safety and

supervision of any insured luggage and personal effects. Leaving valuable items

in sight in an unattended vehicle, or any items in a vehicle overnight, is not

taking reasonable precautions (see also under the heading “Exclusions” below).

All loss of, or damage to, insured luggage or personal effects attributable to

theft or vandalism must be reported to the local police or other appropriate

authority as soon as possible after the discovery of the loss, and a written

acknowledgement of the report from the local police or authority must be

obtained (see Item 4 under the heading “General Conditions for PAI and PEB”).

THE AMOUNTS PAYABLE

The maximum amount We will pay for any one item, set or pair of items

belonging to an Insured Person is $1,025.

The maximum amount We will pay any one Insured Person for cover under

this Section during the period of a rental is $2,025.

The maximum amount We will pay for all claims for all Insured Persons

during the period of a rental is $6,025.

BASIS OF SETTLEMENT

We may choose to replace, repair, or pay for the loss in cash, after making

allowance for depreciation, and wear and tear.

EXCESS

The Excess payable under this Section shall be $25.

EXCLUSIONS

In addition to the General Exclusions for PAI and PEB, We will not pay under

this Section of the Policy for claims arising directly or indirectly out of:

1. Luggage or Personal Effects not contained in the vehicle that is subject

to the Rental Agreement.

2. Electronic equipment, computers and the like not locked out of sight in

the boot or glove box of the vehicle.

3. Luggage or personal effects left unattended in an unlocked vehicle.

4. Luggage or personal effects left overnight in any vehicle.

5. Loss of or damage to automobiles, motors, motorcycles, bicycles, boats,

other conveyances or their equipment, letters of credit, money, travellers

cheques, bank or currency notes, credit or charge cards, vouchers,

bonds, coupons, stamps, negotiable instruments, deeds, manuscripts,

securities of any kind, bullion, stamps, tickets, books of account for

documents, household effects, sales samples, merchandise for sale

or exhibition, theatrical property, physicians or surgeons’ instruments,

artificial teeth or limbs, animals.

6. Loss of or damage to jewellery, precious stones, gold/silver, precious

metal or furs.

7. Loss or damage to sporting equipment where due to the use thereof.

8. Breakage or damage to eye glasses, corneal lenses, glassware or

other articles of a fragile nature unless caused by fire or theft or by the

collision, derailment or overturning of the Avis Australia rental vehicle.

9. Loss or damage arising from wear and tear, deterioration, atmospheric

or climatic conditions, mould or fungus, insects, rodents, vermin, or any

process of cleaning, ironing, pressing, repairing, restoring or alteration.

10. Mechanical, electrical or hydraulic breakdown or derangement, loss of

data or any consequential loss.

GENERAL EXCLUSIONS FOR PAI AND PEB

This Policy does not apply to any Injury, Event, loss or damage arising

directly or indirectly out of:

1. Failure to comply with the provisions of the Rental Agreement.

2. Intentional self-injury, suicide, or criminal or illegal act of the Insured

Person who is the subject of the claim.

3. War, civil war, invasion, insurrection, revolution, use of military power or

usurpation of government or military power.

4. The intentional use of military force to intercept, prevent, or mitigate any

known or suspected Terrorist Act.

5. Any Terrorist Act.

6. Nuclear explosion including all effects thereof; or radioactive contamination

caused by ionising radiation or contamination by radioactivity from any

nuclear fuel or from any nuclear waste caused by the combustion and/or

ongoing combustion of nuclear fuel; or the radioactive, toxic, explosive or

other hazardous properties of any nuclear equipment or component thereof.

7. Riot or civil commotion.

8. Training for or participating as a professional in any sport.

GENERAL CONDITIONS FOR PAI AND PEB

1. EFFECTIVE DATE OF INDIVIDUAL INSURANCE: The Insurance of any

Insured Person will become effective on the commencing date of the

Rental Agreement.

2. INDIVIDUAL TERMINATIONS: The Insurance of any Insured Person will

immediately terminate on the earliest of the following dates: (a) on the

date the Rental Agreement ceases; or (b) on the premium due date if You

fail to pay the required premium except as the result of inadvertent error.

3. POLICY RENEWAL: This Policy may be renewed with Our consent from

term to term, by payment of the premium in advance at Our premium

rate in force at the time of renewal.

4. CLAIMS PROCEDURE:

(a) Written Notice of Claim, proof of identity and, for PAI claims,

supporting medical evidence in the form required by Us, must be

given to Us within 30 days of the occurrence of any Event, loss or

damage or as soon thereafter as is reasonably possible. Notice may

be given at Our Office where the Policy was issued.

(b) After We receive notice of a claim We will provide the Insured

Person(s) with Our usual claim forms for completion. The claim

forms must be properly completed and all evidence required by Us

shall be furnished in a timely manner at the expense of the Insured

Person and be in such form and of such nature as We may require.

(c) For PAI claims, We may have the Insured Person medically

examined at Our expense when and as often as We may reasonably

require after a claim has been made, or arrange an autopsy unless

this is illegal in the country in which the autopsy is to be performed.

(d) Amounts payable under this Policy will be paid as soon as We have

investigated and verified the information supplied and satisfied

Ourselves that the claim falls within the Policy.

(e) For PEB claims, it is a condition of payment that all loss or damage

attributable to theft or vandalism be reported to the local police or

appropriate authority as soon as possible after the discovery of the loss

or damage, and a written acknowledgement of the report obtained.

5. AUSTRALIAN LAW

This Policy is governed by the Laws of the Australian State or Territory it

was issued in and any dispute or action in connection therewith shall be

conducted and determined in Australia.

6. FRAUDULENT CLAIMS

If any claim is in any respect fraudulent or if any fraudulent means or

devices are used by You or the Insured Person or anyone acting on Your

or the Insured Person’s behalf to obtain any benefit under this Policy,

then any amount payable in respect of such claim shall be forfeited.

7. COMPLIANCE

An Insured Person must follow Our advice or instruction otherwise We

may decline to pay part or all of the Insured Person’s claim.

8. SUBROGATION

We have the right to commence or take over legal proceedings in Your

and/or the Insured Person’s name for the defence or settlement of any

claim, or to sue or prosecute any other party to recover any monies

payable by them at law. You and the Insured Person must co-operate

with Us and do nothing to hinder Our rights.

9. CLAIM OFFSET

There is no cover under this Policy for any loss or event or liability

which is covered under any other insurance policy payable by any

other source. We will however pay the difference between what is

payable under the other insurance policy or such other source and what

You would be otherwise entitled to recover under this Policy, where

permissible under Law.

10. CURRENCY

All amounts are shown in Australian dollars.