TERMS AND CONDITIONS OF
STANDARD RENTAL AGREEMENT
Effective 1 December 2012
OUR COMMITMENT TO YOU
The Budget Group is a global car rental group servicing the car and truck rental
needs of the leisure and business traveller. Within Australia we operate in more than
190 corporate and licensee owned locations. 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’
• You consider that Your Vehicle has become in any way defective; or
• You have any other problem in relation to the service Budget provides
please contact us immediately on our toll free customer hotline 1800
150 278, option 4, 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.budget.com.au) at ‘Customer
Service’ or by phone or mail. (We would also like to hear about what we are
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 Budget 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.
INTERPRETING YOUR RENTAL AGREEMENT
1 The Rental Agreement (‘Rental Agreement’) between Budget and You is
made on the date shown on the Rental Document You have signed in respect
of the Vehicle (‘Rental Document’), and is made up of that Rental Document
and these Terms and Conditions.
In these Terms and Conditions.
‘Accessory’ means any equipment set out in the Rental Document,
including (as applicable) any global positioning system receiver or similar
device or any child restraint, booster or similar equipment;
‘Budget Insurance Policy’ means a policy of liability insurance held by
Budget 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 the Additional Drivers Form or Rental
• Your spouse; or
• 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, where applicable, an independent Budget Rent a
Car System licensee;
‘Collection Costs’ means Budget’s reasonable costs of collecting unpaid
Rental Charges from You (including Budget’s legal costs) and Budget’s
administration fee of $75 and its debt collection agent’s fee equal to 10% of
the unpaid Rental Charges;
‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the
‘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 this 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
‘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
‘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 Budget; and
‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement
‘Your Account’ means Your debit card, credit card or Budget charge account
to which Your Rental Charges are to be debited.
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
Budget, drive or take the Vehicle:
(a) to Gove Peninsula or any island off the coast of Australia (including, but
not limited to, Kangaroo Island, Bruny Island, Fraser Island, Magnetic
Island, Groote Eylandt 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; or
(f) in Western Australia:
(1) to any parts North of Carnarvon;
(2) beyond 100 kilometres of the Perth city limits between dusk and
(3) otherwise, outside any town or city limits between dusk and dawn;
(g) in the Northern Territory;
(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls;
(2) outside any town or city limits between dusk and dawn.
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 Budget’s 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
ABBU0003 (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 Budget’s 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 Budget’s 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 Budget’s recommendations;
(i) not, without Budget’s 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 Budget’s 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 Budget’s 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
(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 Budget
authorises You to do so. Budget requires verification of the cost of repairs for
reimbursement 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
RETURN OF VEHICLE
6.1 You must return the Vehicle to Budget:
(a) to the place, on the date and by the time shown on the Rental
Document unless you have informed Budget of a change prior to the
return date and Budget has agreed to the change; 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 Budget that You wish to return the Vehicle to a location other than
that stated on the Rental Document, Budget will advise You of the amount of
the ‘one-way fee’ that You will incur (unless clause 6.5(a) applies to You). If
You do not tell Budget 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. You will also be
liable for any Rental Charges calculated under clause 6.4.
6.3 Despite clauses 6.1 and 6.2, You must return the Vehicle to a Budget location
during normal business hours.
(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 Budget standard rate for the Vehicle for the Rental Period.
6.5 Budget may request the immediate return of the Vehicle, or Budget may
recover the Vehicle without notice, if:
(a) 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 or if a ‘one-way fee’ becomes payable by You;
(b) the Rental Period expires without satisfactory arrangements having
been made by You with Budget; or
(c) Budget reasonably suspects that:
(1) the Vehicle may be used for an unlawful purpose;
(2) damage to the Vehicle, or injury to persons or property, is likely to
(3) the Vehicle will be involved in an industrial dispute.
6.6 If You do not return the Vehicle on the date and by the time shown on the
Rental Document (or any extended date or time agreed with Budget) then:
(a) after written notice to You and if the location of the Vehicle is unknown,
Budget may report the Vehicle as stolen to the Police; and
(b) You must pay Budget all Rental Charges (including additional Rental
Charges) and compensate Budget in accordance with clause 8 for any
loss Budget suffers (including all additional costs Budget incurs in
recovering the Vehicle) up to the time that the Vehicle is recovered by
7.1 You must fill the Vehicle only with the fuel type specified in the
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 Budget is determined by visual inspection by Budget of the Vehicle’s
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 Budget 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
8.2 Subject to clauses 8.3 and 8.4, Budget 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 Budget Insurance
(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 Budget 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; and
(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 actual and 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 8.1, 8.2 or 8.3 applies, You must pay to Budget, or Budget may
debit Your Account with, the Excess Amount at the time of loss of, or
damage to, the Vehicle pending Budget’s 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), Budget
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 Budget, or Budget may debit Your Account with, the Gap Amount.
8.5 (a) Where You are required to pay Budget under this clause 8, the amount
You must pay for any loss, damage, repair, cost or fee:
(1) may be reasonably determined by Budget; 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 Budget and paid by You under this clause
8.5 exceeds the final cost of the loss, damage or repair, Budget will
refund the difference to You.
(c) Budget will provide details to You of the final cost of the loss, damage
or repair on request by You.
9 If You make the optional contribution towards the Budget Greenhouse
Initiative then Budget will pay the full amount of Your contribution towards
that Initiative and its administration. That means that Budget will use up (or
have used up on its behalf) a quantity of offsets from projects approved
under the National Carbon Offset Standard 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 National Carbon Offset
Standard, visit the Government’s website at www.climatechange.gov.au/
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 Budget;
(c) not, without Budget’s 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 Budget 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 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; and
(f) completes and furnishes 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.
10.2 Budget 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 Budget is unable to investigate
the Incident, Budget will debit all Rental Charges to Your Account pending
receipt of Your report about the Incident.
11.1 At the end of the Rental Period, You must pay Budget:
(a) all Rental Charges;
(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
government or other competent authority; and
(c) any amount for which You are liable to Budget under the Rental
Agreement, in respect of a breach of the Rental Agreement or
otherwise. Budget 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 Budget.
If a Rental Charge is to be adjusted, Budget will provide details to You if
Budget has Your contact details.
11.3 The minimum charge You must pay for the rental of the Vehicle is an amount
(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
11.4 Distance charges are measured from the Vehicle’s odometer.
11.5 You authorise Budget to charge all amounts payable to Budget under the
Rental Agreement to Your Account.
11.6 Budget will pay, within a reasonable time, any refund due to You by such
method as Budget 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 Budget:
(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, Budget’s Collection Costs including interest on
Budget’s Collection Costs calculated in accordance with clause 11.7(a)
from the date of demand.
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 to 6.6 (inclusive) and 11.3, You may terminate the
Rental Agreement at any time by returning the Vehicle to Budget.
PROPERTY IN VEHICLE
13 Unless Budget or a Budget employee acting in the course of their
employment is negligent, Budget is not liable to any person for any loss of,
or damage to any property:
(a) left in the Vehicle after its return to Budget; or
(b) stolen from the Vehicle or otherwise lost during the rental.
PERSONAL PROPERTY SECURITIES LAW
14.1 The following terms have their respective meanings in the Personal Property
Securities Act 2009 (Cth) (‘PPSA’) – financing statement, interested
person, register, proceeds, security agreement and security interest.
14.2 You acknowledge that:
(a) by renting the Vehicle from Budget, You may be granting a security
interest in the Vehicle (and any proceeds) to Budget, and that this
Rental Agreement may constitute a security agreement;
(b) any security interest arising under this Rental Agreement attaches to
the Vehicle when You obtain possession of the Vehicle and not at any
other time; and
(c) Budget may perfect its security interest by lodging a financing
statement on the PPSA register.
14.3 Budget does not need to give You any notice under the PPSA (including a
notice of a verification statement) unless the notice is required by the PPSA
and that requirement cannot be excluded.
14.4 You must do anything reasonably required by Budget to enable Budget to
register its security interest, with the priority it requires, and to maintain
BUDGET RENT A CAR AUSTRALIA PTY LTD PRIVACY NOTICE
We at Budget recognise the importance of protecting your personal information.
This notice explains how the Budget Group (see ‘About Budget’ below) protects
your privacy and summarises how it collects, uses and discloses personal
or contact us to request a copy.
This notice applies to personal information we hold about you in Australia only.
Because the Budget Group operates a vehicle rental system in many countries, your
personal information will also be held in and accessible by Budget Group staff
located in other countries.
Budget Rent a Car Australia Pty Limited ABN 89 007 348 021 (Budget) is a
subsidiary of Budget Rent A Car System, Inc., located in the United States. These
companies are part of the Budget Group.
Budget Rent A Car System, Inc. has marketing arrangements with Zodiac Europe
Limited (Zodiac), a separately owned UK-based company trading as ‘Budget Rent
A Car’ through owning or licensing additional locations in Europe, the Middle East
Through these companies, and their subsidiaries and licensees, the Budget Group
manage thousands of Budget car and truck rental locations around the globe.
For this Notice, Budget, we, us or our means Budget and its licensees; Budget
Group means all Budget companies, Zodiac and all Budget licensees world wide.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, 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. We may also use electronic tools to monitor the location, usage and
servicing of your vehicle, including your speed, time, fuel consumption, distances
travelled and current and previous locations visited.
If we are unable to collect your personal information, 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
We may use and disclose your personal information for the following 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 and vehicles;
• communicate with you regarding your vehicle, safety, arrangements with us
and other matters;
• investigate, prevent and deal with fraud, unlawful activity and breaches of
our agreement with you;
• 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
• other members of the Budget Group;
• your company or organisation if you use our services under a
• 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 providers of market research,
mail house and vehicle management services);
• credit card providers;
• credit reporting agencies (see ‘Payment default’ below) and fraud
• 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 or the payment of road and
• 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 Budget Group. We may also use your personal information
to offer you products and services provided by companies participating in Budget
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 the Rental Document or by contacting us.
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 Budget Group databases which are located and maintained by the
Budget 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 Budget Group personnel.
Some of the countries that the Budget Group operates in have privacy laws with
general application to the private sector; other countries, including the United
States, may not. You accept that we are not required to ensure that recipients of
your personal information outside Australia comply with Australian privacy laws.
WHOM 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 9578 1000
By e-mail: email@example.com
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 1 December 2012.
RMS E-Toll Facility
Terms and Conditions
Roads and Maritime Services (ABN 76 236 371 088) (RMS), through Budget as
RMS’ agent, offers an E-Toll Facility to You on these RMS Terms and Conditions.
By signing the Rental Document You accept, and agree to be bound by, these RMS
Terms and Conditions.
1. Your E-Toll Facility
(a) Your E-Toll Facility is provided by RMS to You to enable You to pay Tolls
and Fees relating to the E-Toll System in accordance with these RMS
Terms and Conditions.
(b) In order to use Your E-Toll Facility, You or Your Authorised Driver must
travel in an Electronic Tolling Lane.
(c) You remain responsible at all times for the acts and omissions of any
Authorised Driver, any other person using the Vehicle or any Authorised
Representative using or operating Your E-Toll Facility, including for any
Tolls and Fees they incur.
(d) A Tag may be installed in Your Vehicle as part of the E-Toll Facility. The
Tag is the property of RMS. You must not use any other tag in the
Vehicle or register for any other electronic or video tolling product in
relation to the Vehicle. If You do use another tag or electronic or video
tolling product, You will still be charged Tolls and Fees by RMS under
these RMS Terms and Conditions and You may be charged other
amounts by the provider of the other tag or electronic or video tolling
2. Payments, fees and charges in connection with Your E-Toll Facility
(a) You must pay the following amounts to RMS in connection with the use
of Your E-Toll Facility:
(i) all Tolls (it is Your responsibility to be aware of all Tolls payable in
connection with the use of a toll road);
(ii) the Service Fee for each calendar day on which the Vehicle incurs
a Toll using Your E-Toll Facility;
(iii) a Processing Fee in the circumstances described in clause 5(b);
(iv) a Dishonour Fee in the circumstances described in clauses 3(c)
and 3(f); and
(v) any other costs reasonably incurred by RMS in enforcing its rights
under these RMS Terms and Conditions, including any fees or
charges imposed by a third party on RMS where You have refused
or failed to pay any amount under these RMS Terms and Conditions.
(b) You acknowledge that if You fail to pay any Tolls or Fees as required by
these RMS Terms and Conditions, RMS may refer that failure to a Credit
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
(i) promise to RMS that You are authorised to use the Nominated Card
to meet Your payment obligations under these RMS Terms and
Conditions; and (ii) authorise RMS to debit amounts from, or credit funds to, the
Nominated Card in respect of Tolls and Fees and other amounts
payable to, or from, RMS under these RMS Terms and Conditions.
(b) RMS will debit Tolls and Fees from the Nominated Card as soon as
practicable after the relevant Tolls and Fees are incurred or, where
applicable, notified to the RMS by a toll road operator.
(i) there are insufficient funds available in the Nominated Card to
meet Your payment obligations under these RMS Terms and
(ii) a transaction on the Nominated Card is declined for any reason,
(A) the negligence of, or wilful misconduct by, RMS or any of its
officers, employees or agents; or
(B) an RMS systems error,
You will be charged a Dishonour Fee by RMS and You (or, if relevant,
the Nominated Card Holder) may be charged fees, charges and interest
by Your financial institution or, if relevant, the financial institution of the
Nominated Card Holder.
(d) You must ensure that You immediately provide RMS with details for an
alternative Nominated Card, which can be used to meet Your
obligations under these RMS Terms and Conditions, and an authority
for RMS to debit the alternative Nominated Card, if:
(i) the existing Nominated Card is cancelled, suspended or is
otherwise not useable; or
(ii) the existing Nominated Card Holder cancels Your authorisation to
use the existing Nominated Card.
Payment by cash
(e) If You have paid, or will pay, cash to rent the Vehicle and You have not
otherwise provided a Nominated Card for the payment of Tolls
(i) RMS will issue You one or more invoices recording all Tolls and
Fees incurred or, where applicable, notified to RMS by a toll road
operator. The invoice will be posted to Your nominated postal
(ii) You must pay all Tolls and Fees in Australian currency by cheque
or money order in accordance with the instructions in the
(f) If You pay by cheque or money order and that cheque or money order
is dishonoured by the issuer, You will be charged a Dishonour Fee by
RMS and You may be charged fees, charges and interest by Your
Payment by Your RMS Charge Account Holder
(g) If You are using a Budget Australia Charge Account to pay for the rental
of the Vehicle:
(i) You promise to RMS that You are authorised to incur Tolls and Fees
and to have those Tolls and Fees debited to the RMS Charge
(ii) RMS will issue Your RMS Charge Account Holder with a monthly
invoice recording all Tolls and Fees incurred or, where applicable,
notified to RMS by a toll road operator.
(h) You must immediately provide RMS with updated or alternate payment
method details if the RMS Charge Account is cancelled or altered or if
You are no longer authorised to incur Tolls and Fees on that RMS
4. Errors in charging Tolls and Fees
(a) If RMS incorrectly credits You with, or pays to You, an amount in
connection with Your E-Toll Facility RMS may recover that amount from
You provided that RMS has given You 10 days prior written notice of its
intention to do so.
(b) RMS will pay, within a reasonable time, any refund due to You in
connection with Your E-Toll Facility by such method as RMS may
5. E-Toll Facility Transaction Summary
(a) You may view a Transaction Summary without charge at any time by
logging on to www.myetoll.com.au/budget.
(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 Budget 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 Budget that the Tag is malfunctioning or is in any way
defective, Your E-Toll Facility will still enable You to use the E-Toll
System and to pay Tolls and Fees in accordance with these RMS Terms
and Conditions and You will continue to be liable for Tolls and Fees.
(c) If the Tag or the Vehicle is lost or stolen and You have immediately
informed Budget, You will not be liable for Tolls and Fees incurred by
that Tag or Vehicle from the time that You have informed Budget.
(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
(a) New South Wales laws govern these RMS Terms and Conditions.
(b) Unless agreed otherwise, if You, an Authorised Driver or Authorised
Representative need to notify RMS of any matters or make a request
in relation to Your E-Toll Facility, it must be made in writing by mail,
email or facsimile. All notice details are contained on
www.myetoll.com.au/budget or your may call 13 18 65. Notification is
effective only upon RMS’ receipt of written communication.
In these RMS Terms and Conditions, except where the context
‘Authorised Driver’ has the same meaning given to that term in Your
‘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.
‘Budget’ means Budget Rent a Car Australia Pty Limited ABN 89 007 348
021 or, where applicable, an independent Budget Rent A Car System
‘Budget Australia Charge Account’ means the charge account established
by Your RMS Charge Account Holder with Budget.
‘Credit Reporting Agency’ means a corporation that carries on a credit
‘Dishonour Fee’ means:
(a) in relation to payment by a Nominated Card, a fee of $1.15;
(b) in relation to payment by cheque, a fee of $20.00; and
(c) in relation to payment by money order, a fee of $25.00.
‘Electronic Tolling Lane’ means a Tolling Lane which is designated as
permitting the payment of Tolls by electronic means.
‘E-Toll Facility’ means the facility described in clause 1(a).
‘E-Toll System’ means the entire system relating to electronic tolling
operated by RMS, any operator of a toll road or any Tag Issuer or Pass Issuer.
‘Fees’ means each of the fees and costs (and any taxes applicable to them)
described in clauses 2(a)(ii)-2(a)(v) inclusive of these RMS Terms
‘GST’ has the same meaning as in A New Tax System (Goods and Services
Tax) Act 1999 (Cth).
‘Nominated Card’ means a valid credit card or debit card nominated by
You as the source of payment for all Tolls and Fees.
‘Nominated Card Holder’ means a person other than You who holds a
‘Pass Issuer’ means a toll road operator that uses the E-Toll System and
issues, or an entity that does not operate a toll road but issues, passes or
other electronic or video tolling products for the purpose of the E-Toll System.
‘Processing Fee’ means in relation to a Transaction Summary delivered:
(a) by mail, a fee of $5.00; or
(b) by email, a fee of $2.20.
‘Rental Agreement’ means the agreement entered into between You and
Budget comprising the document titled ‘Budget Terms and Conditions of
Rental’ and the Rental Document.
‘Rental Document’ means the document titled ‘Rental Document’ which
You signed in respect of the Vehicle which You have rented from Budget.
‘RMS Charge Account’ means the charge account established by Your RMS
Charge Account Holder with RMS.
‘RMS Terms and Conditions’ means these RMS E-Toll Facility Terms
‘Service Fee’ means the fee described as such in the Rental Document.
‘Tag’ means the RMS device installed in the Vehicle to enable the payment
of Tolls by electronic means.
‘Tag Issuer’ means a toll road operator who uses the E-Toll System and
issues tags, or an entity that does not operate a toll road but issues tags for
the purpose of the E-Toll System. ‘Toll’ means all toll charges or other fees and charges imposed by the
operator of a toll road for, or taxes payable in respect of, each Trip taken by
the Vehicle during the period in which You have hired the Vehicle.
‘Tolling Lane’ means a lane on a toll road at a toll collection point.
‘Tolls and Fees’ means all Tolls and Fees and any other payments, amounts
or charges referred to in these RMS Terms and Conditions.
‘Transaction Summary’ means a summary of the transactions (including
the Tolls and Fees incurred) on Your E-Toll Facility.
‘Trip’ means the driving of a Vehicle past a toll collection point.
‘Vehicle’ has the same meaning given to that term in Your Rental Agreement.
‘You’ or ‘Your’ refers to the person(s) who have agreed to be bound to these
RMS Terms and Conditions and with whom the Rental Agreement is made.
‘Your RMS Charge Account Holder’ means the person which has entered
into an agreement with RMS for the payment of the Tolls and Fees during
the rental of a Vehicle.
(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.
Consent and Agreement
RMS is required to comply with Privacy Laws and other road transport, driver
licensing and vehicle registration legislation when dealing with any Personal
Information, including E-Toll Information.
This document contains consents, warranties and indemnities from You in relation
to E-Toll Information collected from You and from third parties to enable RMS and
others to collect, use and disclose it for Permitted Purposes. You are not required by
law to provide E-Toll Information to RMS, but if You do not, RMS will not be able to
provide the E-Toll Facility to You. Your Personal Information will be held by RMS at
Level 3, Octagon Building, 99 Phillip Street Parramatta or at any new or additional
application to access or correct information about You or a complaint, and our
complaints handling processes, is available at: http://www.rta.nsw.gov.au/aboutus/
privacy/index.html or (02) 8588 4981.
Consents given by You
1. In exchange for RMS providing the E-Toll Facility, You consent to
1.1 collection of E-Toll Information by any Authorised Information Recipient
from any person (including from Budget and from video and/or camera
surveillance of toll roads conducted by RMS 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; and
1.3 disclosure of E-Toll Information in online accounts accessible to any
person with access to Your Agreement Number and surname.
Promises made by You
2. You promise that:
2.1 prior to disclosing any information to RMS or Budget about an
Individual, You have obtained their consent to the matters in clause 1;
2.2 all information You provide to RMS about You or any Individual is or will
be accurate, complete and up-to-date, and will not be false
‘Agreement Number’ means a unique agreement number provided to You by
Budget or by RMS in connection with the Rental Agreement.
‘Associated Contractors’ means RMS’ suppliers, agents, distributors and
contractors in relation to any Permitted Purposes.
‘Authorised Information Recipient’ means RMS, Budget, and each Authorised
Driver, Authorised Representative and Intended Recipient.
‘Clearing House’ means any person who operates a clearing house for operators
of toll roads, or Tag Issuers or Pass Issuers or any combinations of these.
‘E-Toll Information’ means any information relating to You or Your E-Toll Facility,
Vehicle, the location of a Tag or Vehicle at any time, the direction of travel, or video
and/or camera surveillance operated at toll roads. E-Toll Information may include
Personal Information about:
(a) You; or
(b) any Individual,
including a name, address, phone number, email address, drivers licence number,
date of birth, Vehicle hire and usage information, billing or financial information,
Rental Agreement, Nominated Card, Budget Australia Charge Account, RMS 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 RMS or obtained by RMS from third parties.
‘Individual’ means any individual, including any Authorised Driver, Authorised
Representative, Nominated Card Holder and Your RMS 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) RMS’ professional
advisers including legal advisers, accounting advisers and other professional
advisers; (vii) driver licensing and vehicle registration agencies, law enforcement
agencies, public revenue authorities, road safety authorities and solicitors in
relation to motor vehicle accidents; (viii) owners and other operators of toll roads;
and (ix) persons providing services to any of the entities set out in (i) to (viii).
‘Permitted Purposes’ means any one or more of:
(a) facilitating the use of and carrying out functions and activities relating to:
(i) tolls and their enforcement;
(ii) the E-Toll System;
(iii) any cashback system;
(iv) Your E-Toll Facility and Tags;
(v) verification of Your Rental Document (including verifying the details of
a Nominated Card Holder or Your RMS 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
(b) auditing of the E-Toll System;
(c) law enforcement;
(d) the enforcement of a law imposing pecuniary penalty;
(e) the protection of the public revenue;
(f) road safety;
(g) release of information to solicitors acting as agents for their clients in
relation to motor vehicle accidents where RMS is compelled to do so by a
(h) obtaining advice and professional services on a confidential basis;
(i) market research and statistical analysis;
(j) other purposes related or incidental to the purposes listed above; and
(k) such other purposes as are permitted by Privacy Laws, in each case both
within and outside NSW.
‘Personal Information’ means information or an opinion (including information or
an opinion forming part of a database and whether or not recorded in a material
form) about an individual whose identity is apparent or can reasonably be
ascertained or is reasonably identifiable from the information or opinion and any
other information subject to the Privacy Laws.
‘Privacy Laws’ means the privacy laws which apply to RMS from time to time,
including the Privacy and Personal Information Protection Act 1998 (NSW) for so
long as it applies to RMS and any other current or future legislation, mandatory
codes and policies relating to the handling of Personal Information which apply
‘RMS’ means Roads and Maritime Services (ABN 76 236 371 088).
Other capitalised terms in this document have the meaning given in the RMS E-Toll
Facility Terms and Conditions.
Clause 10 of the RMS E-Toll Facility Terms and Conditions applies to the
interpretation of this document.