Terms of Master Rental Agreement

FASTBREAK GLOBAL MASTER RENTAL AGREEMENT TERMS AND CONDITIONS

1. GENERAL
These Master Agreement Terms and Conditions and the Fastbreak Enrollment Form signed by the Enrollee (“Enrollment Form”), constitute the Budget Master Rental Agreement between the Enrollee and Budget (“ Agreement”) for the rental of cars (as defined in paragraph 5. below) from locations of Budget Rent a Car System, Inc., its subsidiaries and affiliates and participating independent licensees of Budget Rent a Car System, Inc. (collectively referred to as “Budget”) offering the Budget Fastbreak program (“Fastbreak”). I, me, my and for certain notices, renter refer to the person who signs this Agreement, you and your refer to Budget.
This Agreement applies to each rental using Fastbreak as if a separate rental agreement was entered into for each car and I agree that these Terms and Conditions shall apply in relation to any car that I reserve and hire under Fastbreak (“Rental”) and only such Rentals. I
represent that all information on the signed Enrolment Form is true and complete. If it is not, Budget reserves the right to terminate this Agreement immediately without notice to me. I must keep the Enrolment Form’s information current by notifying Budget of any changes to such information including, but not limited to, my mailing address, driver’s license and charge card.
I may change my selections of optional services by providing a newly signed Enrollment Form to you within a reasonable time in advance of the Rental, at which time the new-signed Enrolment Form will become part of this Agreement. To otherwise change any choice for a particular option for a rental , I must enter into a standard rental transaction at the rental counter at the start of that rental unless otherwise permitted by law.
I ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE DISCLOSURE NOTICES, WARNING NOTICES, EXCLUSIONS AND LIMITATIONS RELATED TO AND EFFECTIVE IN EACH STATE, COUNTRY OR PROVINCE IN WHICH A VEHICLE IS RENTED AND TO THE EXTENT ALLOWED BY LAW IN THE STATE, COUNTRY OR PROVINCE CONCERNED WAIVE ANY RIGHT WHICH MAY HAVE TO SEPARATELY RECEIVE OR SIGN SUCH DISCLOSURES, WARNINGS, EXCLUSIONS AND LIMITATIONS AT THE TIME OF THE RENTAL.
I acknowledge and agree that the laws of the state, country or province in which a Rental commences will govern that Rental, and I submit to the exclusive jurisdiction of the courts in that state, country or province with respect to that Rental. If any Term or Condition
contained in this Agreement is prohibited by the law in a jurisdiction covering a Rental, that Term or Condition is ineffective only to the extent of the prohibition.
I AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY BE CHANGED FROM TIME TO TIME BY YOU AND THAT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME A RENTAL COMMENCES WILL GOVERN THAT RENTAL. Changes to the Terms and Conditions will be posted as they occur on the budget.com website under the section labeled “ Programs”, “Fastbreak”, “Terms and Conditions”.
The Terms and Conditions governing Fastbreak in countries not included in this Agreement, but which are subsequently added to Fastbreak, will be the Terms and Conditions contained in the rental agreement provided in the country which the rental commences.

2. RESERVATIONS
I understand that: I must make an advance reservation for each Rental; that you may prescribe a minimum advance time for making a reservation; I must inform you that this will be a Fastbreak Rental; I must provide my Fastbreak Number to you; and I must provide the
pick-up and return dates and locations for the Rental, and you will provide me with the estimated time and mileage (or kilometre) rates for the Rental. I consent to the reservation of credit by you in order to authorize the Rental, with the issuer of any of the credit cards on the my Enrolment Form. Solely upon my request, you will provide me with the applicable charges in effect at time of Rental for optional services selected by me on my Enrolment Form.

3. RENTAL
At the time of each Rental, I will obtain the car in one of two ways. Depending on the Fastbreak location, I will either select a car or, will obtain the preassigned car, from the designated area at the location . I will drive the selected or preassigned car to the exit booth, where I will show the Fastbreak hang tag attached to the car’s rear view mirror that contains the Rental document, my valid driver’s license and my Fastbreak credentials to your gate attendant. I understand that in some states, a signature comparison with my driver’s license may be required before I am allowed to leave the location. Certain of your locations in Canada and other countries, and countries subsequently added to the Fastbreak program, may require me to sign a local rental agreement, which terms are controlling over this Agreement for Rentals commencing in that country. At the end of the Rental, I will return the car to the return location specified in the Rental document created at the start of the Rental. I will be responsible for all applicable time and mileage (kilometre) rates, charges, optional services selected on Enrolment Form, miscellaneous services, sales, use and excise taxes, including tax related surcharges for the recovery of vehicle license fees, concession recovery fees, consolidated facility charges (in California $10/contract), Fuel Service or gas option charges, Frequent Flyer surcharges, electronic bridge and road tolls in Canada and any and all applicable surcharges in effect at time and place of the Rental.

4. PARTICIPATING FASTBREAK LOCATIONS
I understand that the locations where Fastbreak is available can change from time to time without notice to me and that I can be informed of the specific locations participating in Fastbreak by requesting this information at the time I reserve a rental.

5. MEANING OF CAR
The word “car” in this Agreement means the rented vehicle or its replacement and includes its tires, glass, tools, equipment, accessories, plates and documents.


TERMS AND CONDITIONS OF AGREEMENT TO HIRE RENTAL VEHICLE

An agreement made between the owner and the hirer whose particulars are entered on the Rental Agreement.

It is hereby as follows:

VEHICLE DESCRIPTION

1. The owner will let and the hirer will hire the motor vehicle described in the Rental Agreement, hereinafter referred to as "the vehicle".

DURATION OF HIRE

2. The term of hire shall be for the period as described in the Rental Agreement.

PERSONS WHO MAY DRIVE VEHICLE

3. The vehicle may be driven during the period of hire only by the hirer and persons named on the Rental Agreement and only if they hold a current full driver's licence appropriate for the vehicle at the time when they are driving the vehicle.

PAYMENTS BY HIRER

4. The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in the Rental Agreement. The minimum rental charge is 24 hours. Each hour thereafter is charged at one-third (1/3) of the daily rate, up to three hours, which shall constitute a full days charge. If the hirer is under 25 years of age, they may incur a surcharge.

5. In addition to the payment referred to in clause 4 of this agreement the hirer shall pay to the owner the sums as specified in the Rental Agreement for each day or part of a day for the insurance cover set out in clause 10 of this agreement.

6. In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to on the Rental Agreement.

7. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.

Please Note: If you fail to pay any money due under, or in connection with, the Rental Agreement within 14 days of the date by which you were required to pay the money:
(a) Budget may charge you and you must pay interest at 10% (compounded daily) on the money from the expiry of 14 days from the date on which you were required to pay the money to the date of payment; and
(b) in addition to interest, if Budget arranges for the collection of the unpaid money from you by a debt collection agency, you must also pay Budget:
(1) Budget's administration fee of $50; and
(2) all collection costs, including collection agency and legal costs

HIRER'S OBLIGATIONS

8. The hirer shall ensure that:

(a) The water in the radiator and battery of the vehicle is maintained at the proper level;

(b) The oil in the vehicle is maintained at the proper level;

(c) The tyres are maintained at their proper pressure.

9. The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.

INSURANCE

10. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he or she might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $5,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the vehicle.

EXCLUSIONS

The indemnities referred to above shall not apply where the damage, injury or loss arises when:

(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle;

(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;

(c) The vehicle is operated in any race, speed test, rally or contest;

(d) The hirer is a body corporate or department of State and the driver is disqualified from holding or has never held a driver's licence appropriate for that vehicle;

(e) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle;

(f) The vehicle is wilfully or recklessly damaged by the hirer or any other person named under clause 3 of this form, or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person;

(g) The vehicle is operated on any of the following roads; Tasman Valley Road, Mt Cook; Skipper's Canyon, Queenstown; Ninety Mile Beach, Northland; or any unformed roads, including beaches, i.e. roads other than tar seal and metal.

(h) The vehicle is operated outside the term of the hire or any agreed extension of that term. It is agreed between the owner and the hirer that section eleven (11) of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. In general this provision means that an exclusion will not apply if the hirer proves on the balance of probability that the damage or loss was not caused or contribute to by the matters referred to under the exclusion clause. The hirer acknowledges by signing the Rental Agreement that the hirer is aware of the above exclusions.

HIRER'S LIABILITY

The hirer acknowledges that he or she shall be liable for damages or loss to the extent indicated under the heading "Hirer's Liability" on the Rental Agreement. This does not apply to damage or loss resulting from fire or from the theft of conversion or attempted theft of the vehicle.

REJECTION OF INSURANCE

11. If insurance is rejected, the hirer accepts by signing the front of the enclosed Rental Agreement that the vehicle is hired at the hirer's own risk in respect of loss or damage to the vehicle and consequential loss by the owner. The hirer accepts by signing the Rental Agreement that he or she may be liable to the owner for damage to or loss of the vehicle and consequential loss. If insurance is rejected the hirer accepts by signing the Rental Agreement that he or she has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.

OWNER'S OBLIGATIONS

12. The owner shall supply the vehicle in a safe and roadworthy condition.

13. The owner shall be responsible for all ordinary and extraordinary cost of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer.

NOTE: By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.

MECHANICAL REPAIRS AND ACCIDENTS

14. Roadside assistance is available for all mechanical problems that relate to the vehicle specified in the rental agreement. A call out fee for non-mechanical problems caused by the driver or passengers may be charged to the renter at the discretion of Budget Rent a Car.

15. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone as soon as possible.

16. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

17. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.

USE OF THE VEHICLE

18. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part 1 of the Transport Services Licensing Act 1989.

19. The hirer shall not:

(a) Sublet or hire the vehicle to any other person;

(b) Permit the vehicle to be operated outside his or her authority;

(c) Operate the vehicle or permit it to be operated, in circumstances that constitute an offence by the driver against any of sections 56, 57 and 58 of the Land Transport Act 1998 (which relate to driving under the influence of drink or drugs);

(d) Operate the vehicle or permit it to be operated in any race, speed test, rally or contest;

(e) Operate the vehicle or allow it to be operated operated in breach of the Transport Act 1962, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or by-laws relating to road traffic;

(f) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;

(g) Drive or permit the vehicle to be driven by any person if at the time of his or her driving the vehicle, the hirer or other person is not the holder of a current driver’s license appropriate for the vehicle.

RETURN OF THE VEHICLE

20. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the address from which the vehicle was hired or to such place of business of the owner or the owner’s agent as may be agreed upon, or obtain the owner’s consent to the continuation of hire.

IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE OCCURS

21. The owner shall have right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.

PARKING AND SPEEDING INFRINGEMENTS

22. The hirer acknowledges that he or she shall be liable for:

(a) Damages to or loss of, including stolen, the GPS unit. The charge is $495.00 + GST per unit.

(b) A handling and freight fee where any GPS accessory is damaged or not returned with the GPS unit. The charge is $30 + GST per rental.

PARKING AND SPEEDING INFRINGEMENTS

23. All penalties relating to parking and/or traffic offences are the responsibility of the renter. An administration fee will be applied to process these infringements. These are: Speeding $30 + GST and Parking $30 + GST.

The $30 + GST fee applies to all fines incurred after 01 March 2008.

PERSONAL ACCIDENT INSURANCE

If the hirer wishes to purchase Personal Accident Insurance (PAI), a copy of the current insurance policy is available for inspection at the Budget location. The hirer acknowledges that the following is only a brief summary of the principal terms of PAI applicable at the date of the Master Rental Agreement:

PAI insurance is available to those between the ages of 21 and 70. The policy provides you (the renter or the authorised driver) with the following cover, subject to the policy underwriter’s terms and conditions:

• A lump sum payment in the event of accidental death

• A lump sum payment in the event of the loss of one or more limbs or eyes

• A weekly compensation payment in the event of disablement, for a period not exceeding 52 weeks from the time of the event

• Reimbursement of medical expenses

(Certain exclusions may apply. Details of these can be obtained from any Budget location.)

PRIVACY ACT

The information requested from you is to enable this company to assess your request to hire a vehicle from us, and in order to comply with the requirements of the Transport Services Licensing Act 1989. You do not have to supply this information, but if you do not, we are unable to hire a vehicle to you. The renter acknowledges that the owner will collect, hold and use the renter’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services of Budget. The renter further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the renter defaults in the payment of any monies owing to the owner and the renter hereby authorises the disclosure of its personal information for such purpose.

NOTE TO HIRER

The owner must give you at least one copy of the Rental Agreement. A copy must be kept in the vehicle throughout the term of the hire and produced on demand by any police officer or traffic officer.