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Fastbreak Terms and Conditions | Budget

Budget Fastbreak Service Terms and Conditions

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United States/Canada
1. General
  1. These Terms and Conditions form a part of the Rental Agreement (described hereinafter at times as the/this "Agreement"), which consists of the following parts: the car renter's Enrollment Profile for use in enrolling the car renter into Budget Fastbreak Service, the rental document issued at the time of rental ("rental document"), a return document in paper or electronic form with final charges, and the Terms and Conditions stated below.
  2. This Agreement is between the person signing it, or otherwise indicating assent as the car renter ("you," "your" or "yours") and Budget Rent A Car System, Inc.; or Budgetcar Inc.; or an independent Budget Rent A Car System licensee ("we," "us," "our" or "ours") and covers the rental of each car by us to you under Budget Fastbreak Service ("rental"). You understand that these Terms and Conditions will apply to each rental of a car to you by us using Budget Fastbreak Service, as fully as if contained in a separate agreement signed by you. You agree and understand that your obligations under this Agreement are personal and are not assignable or transferable by you. Except as may be otherwise explicitly stated in a particular provision of this Agreement, if your Enrollment Profile indicates a United States address, then the terms of this Agreement are governed by the law of the State of New Jersey, without regard to its conflicts of law principles. Except as may be otherwise explicitly stated in a particular provision of this Agreement, if your Enrollment Profile indicates a Canadian address, then the terms of this Agreement are governed by the law of the Province of Ontario, without regard to its conflicts of law principles. You understand that each rental is solely a bailment for mutual benefit and that you are not our agent for any purpose. If any term or condition is prohibited or restricted by the law of a jurisdiction in which a rental commences, for that rental such law controls.
  3. You may remain a Fastbreak Member ("Member") as long as you complete at least three (3) vehicle rentals with us in each calendar year. Membership in the Program automatically terminates at the end of any calendar year for any Member who has not met the minimum renting requirement without any prior notification. Continued membership in the Program is also subject to the Program's then-existing terms and conditions.
  4. You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Budget Web site. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Budget Web site. Changes to the Terms and Conditions will be posted as they occur on the Budget Web site at budget.com under the section labeled frequent renter, individual account benefits, Fastbreak terms & conditions.
  5. You must keep your Enrollment Form information current by notifying Budget of any changes to such information including, not limited to your mailing address, driver's license and charge card. You are encouraged to update your profile at budget.com or you may call 800-504-0252. For your convenience, if your profile indicates a U.S. address, Budget will access the National Change of Address registry administered by the United States Postal Service ("U.S.P.S.") to update your address from time to time. Only exact customer matches will be updated. Budget is not responsible for errors resulting from U.S.P.S. processing.

2. Meaning of Car

The word "car" means the vehicle rented to you or its replacement and includes tires, tools, equipment, accessories, plates and car documents.
3. Who May Drive the Car
  1. You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing; and that we may refuse to rent to you if your license has been suspended, revoked, otherwise restricted in any way, or if your driving record is unsatisfactory to us.
  2. We reserve the right to deny rentals based upon information about your license status or driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license.
  3. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer's corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car, but only with your prior permission. The other driver must be at least 25 years old and must be a capable and validly licensed driver. NOTICE FOR RENTALS IN QUEBEC AND ONTARIO, CANADA As the renter or signatory of this Agreement, you certify that you hold a valid driver's license for the appropriate class authorizing you to drive the vehicle or vehicles described in the contract and you undertake to ensure that any person called upon to drive the said vehicle or vehicles also holds a valid driver's license for the appropriate class.
4. Return of the Car
  1. You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the due date and at the time and to the location specified by you at the time of reservation. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may be charged a late return fee. You may not return the car at a time when we are closed. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. If we do not find the car when that location reopens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered and possession is returned to us.
  2. If you represent in your reservation that you will return the car to a location other than the location where your rental commences, you may have to pay a "one way service fee". If you return the car to a different location from the agreed return location without our written permission, you agree to pay the unauthorized return location fee specified by us, which is a minimum of $45. If this fee is higher by multiplying normal mileage rate by the distance between the renting location, and the actual return location as specified on the return document/return record, you'll pay a higher fee. You also understand that a different or higher rate may apply.
  3. If you wish to extend any rental you must contact us at 800-527-7000 to request it before your return date. We may or may not grant an extension or decline to grant it for the entire period you request in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.

5. Reservation

You agree that you must make a reservation for each rental at least 24 hours prior to the scheduled time of rental and must inform the reservation agent, or if made electronically, indicate that this will be a Fastbreak Service rental.

6. Rental Charges

You will pay for the number of miles/kilometers you drive and the period of time you rent the car at the rate provided to you by the reservation agent or reservation system at the time of reservation, or your applicable corporate rate. The minimum charge is one day (24 hours) plus mileage/kilometerage, or a fixed fee. We will determine the miles/kilometers by reading the factory-installed odometer. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins. If you fail to comply with any conditions for special rates specified on the rental document our otherwise applicable rates will be charged.You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges. If you present any rewards certificates, coupons or vouchers associated with a loyalty rewards program, you may be charged a redemption fee. If you use a car with automatic toll payment capability, you will pay for all tolls incurred during your rental and all related service charges. You will also pay a reasonable fee for cleaning the car's interior upon return for excessive stains, dirt or soilage attributable to your use. We maintain a non smoking fleet. You will pay an additional charge if you return the car and it smells of smoke. You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so.

Unauthorized use of discount codes
Budget issues discount codes to individuals or authorized entities for their sole use. By entering into this enrollment profile you represent you have the express authorization of Avis (Budget) to use such code(s). Any other use will be viewed as an unlawful use and theft of services for which Avis (Budget) reserves the right to remove any discount code information from your profile(s) and/or rental(s), in addition to refusal to rent to you and can pursue legal remedies including but not limited to reasonable attorneys fees and costs.

7. Start of Rental

The rental commences when you receive the keys to the designated car from us or when you drive the designated car to the gate and show your valid driver's license to the gate attendant. You understand that in some states it may be required that we do a driver's license signature comparison at the time of rental.

8. Roadside SafetyNet

Depending on the nature of the incident you may be accessed a service charge. Budget offers Roadside SafetyNet which provides assistance at no charge in addition to the daily fee for: lost keys, lockouts, flat tire service, towing, jump starts, and emergency fuel delivery (up to 3 gallons). Budget Roadside SafetyNet is optional and available at select locations for an additional fee. Roadside SafetyNet Service is available at all participating Budget locations. Void if the situation requiring Roadside SafetyNet Service was caused by the authorized driver's violation of the rental agreement. In such a case, emergency road hazard assistance will be delivered, but standard charges for services such as lost keys, fuel delivery, etc. may apply. The daily service charge for Roadside SafetyNet Service is subject to change.

9. Repossessing the Car

We may repossess the car anytime it is found illegally parked, being used to violate the law or this Agreement, or appears to be abandoned. We may also repossess the car anytime we discover you made a misrepresentation to obtain the car. You agree that we needn't notify you in advance. If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car and agree that such costs will be charged to the card you used to rent the car.

Depending on the nature of the incident you may be accessed a service charge. Budget offers Roadside SafetyNet which provides assistance at no charge in addition to the daily fee for: lost keys, lockouts, flat tire service, towing, jump starts, and emergency fuel delivery (up to 3 gallons). Budget Roadside SafetyNet is optional and available at select locations for an additional fee. Roadside SafetyNet Service is available at all participating Budget locations. Void if the situation requiring Roadside SafetyNet Service was caused by the authorized driver's violation of the rental agreement. In such a case, emergency road hazard assistance will be delivered, but standard charges for services such as lost keys, fuel delivery, etc. may apply. The daily service charge for Roadside SafetyNet Service is subject to change.

10. Prohibited Use of the Car

Certain uses of the car and other things you or a driver may do, or fail to do, will violate this Agreement and, in addition to anything else may cause us to cancel your enrollment in Budget Fastbreak Service. A VIOLATION OF THIS PARAGRAPH,WHICH INCLUDES USE OF THE CAR BY AN UNAUTHORIZED DRIVER, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, VOID ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING ADDITIONAL LIABILITY INSURANCE, PERSONAL ACCIDENT INSURANCE AND LOSS DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS.
It is a violation of this paragraph if:
  1. You use or permit the car to be used: 1) by anyone other than an authorized driver, as defined in paragraph 3 above; 2) to carry passengers or property for hire: 3) to tow or push anything; 4) to be operated in a test, race or contest, or on unpaved roads; 5) while the driver is under the influence of alcohol or a controlled substance; 6) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband; 7) recklessly or while overloaded; 8) if rented in the United States, outside of the United States, or with our permission, Canada; or 9) if rented in Canada outside of Canada, or with our permission, the United States, or
  2. You or an additional driver, authorized or not: 1) fail to report any damage to or loss of the car when it occurs, or when you learn of it, but, barring physical incapacity, in no event delayed more than 24 hours; 2) fail to promptly provide us with a written accident/incident report or fail to cooperate fully with our investigation; 3) obtained the car through fraud or misrepresentation; 4) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; or 5) return the car after hours and the car is damaged, stolen or vandalized.

11. Loss Damage Waiver (LDW)

You understand that you may choose to accept or decline the LDW option by so indicating on your Enrollment Profile. You understand that LDW is not insurance and is not mandatory. You agree that your choice will apply to each rental you make using Fastbreak Service, unless and until you change your choice for all future rentals by sending us a new Enrollment Profile indicating the changed choice in writing. On any rental for which you have chosen to accept LDW, you'll pay the LDW fee in effect at the time of rental for each full or partial day that the car is rented to you. In that case if the car is used and operated in accordance with this agreement, we assume responsibility for the loss of or damage to the car except, if permitted by law, for lost, damaged or stolen keys or remote entry devices and except for your amount of “responsibility”, if any specified on the rental document at the time of rental. You understand that we have the right to change the LDW fee from time to time and that you can be informed of the LDW fee that will apply at the time of your rental by requesting this information from the reservation agent, or checking the Budget Web site at the time you reserve.

Notices About Loss Damage Waiver (LDW)

The following section meets certain state requirements for disclosure. In these disclosures, the Budget Fastbreak Service renter may be designated as "you" or "your."

Indiana: Budget offers an option, for an additional daily charge, to relieve your responsibility for loss or damage to the car. If you chose not to purchase the optional LDW, you are responsible for loss or damage, including loss of use, at Budget's repair cost for parts, paint and labor (inclusive of discounts extended to Budget), up to the current fair market value if the car is stolen or Budget determines the car is beyond repair. Even if you elect to purchase the LDW option, you may be responsible for loss or damage under certain prohibited events. Check paragraph 11 below entitled "Damage to/Loss of the Car." Read the list of prohibited events in paragraph 9 of these Terms and Conditions, including exclusions from LDW. Determine if your own insurance affords coverage for loss or damage, the limit of coverage and a deductible. Your own insurance may cover all or part of your financial responsibility for collision damage and the amount of the deductible. You should check with your insurance carrier to find out about your coverage.


Connecticut and Texas: The renter's personal automobile insurance policy may cover collision, damage, fire, theft and personal injury incurred while using a rental motor vehicle. The annualized rate for the LDW is the daily rate times 365 days. Read the list of prohibited events in paragraph 9 of these Terms and Conditions, including exclusions from LDW. In Texas, the Texas personal automobile insurance policy provides coverage for the legal liabilities of the policyholder in connection with the loss of or damage to a rented vehicle except for damages caused intentionally. Loss damage waiver is not insurance. In Texas and in Connecticut, the purchase of loss damage waiver is not mandatory.

Hawaii: LDW Notice: Budget offers an option for an additional daily charge ($11.99-$15.99, depending on car group, rented in Hawaii) to relieve your responsibility for loss of or damage to the car. If LDW is not accepted, you are responsible for loss or damage, including loss of use, at Budget repair costs for parts, paint and labor up to a maximum of the current fair market value if the car is stolen or Budget determines the car is beyond repair. Even if you accept LDW, you may be responsible for loss or damage under certain prohibited events. Check your Rental Agreement or paragraph 11 below entitled "Damage to/Loss of the Car." Read the list of prohibited events in paragraph 9 of these Terms and Conditions, including exclusions from LDW. Determine if your own insurance affords coverage for loss or damage, the limit of coverage and a deductible. Your own insurance may cover all or part of your financial responsibility for collision damage and the amount of the deductible. You should check with your insurance carrier to find out about your coverage.

California and Nevada: You are responsible for loss or damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, loss of use where allowed by law, and towing, storage and impound fees. Your own insurance may cover all or part of your financial responsibility for the rented vehicle. Check with your insurance company to find out about your coverage. Budget will not hold you responsible if you buy LDW, but LDW will not protect you for loss or damage under certain prohibited events. Read the list of prohibited events in paragraph 9 of these Terms and Conditions, including exclusions from LDW. The daily cost of optional LDW in California is either $9 or $15 or a fair market rate based expressly upon the MSRP of the vehicle as set forth by California law and $15 in Nevada, per day. In California and Nevada, the purchase of LDW is not mandatory.

Virginia, Maryland and Kansas: This contract offers, for an additional charge, an LDW to cover your responsibility for loss or damage to the vehicle. Before deciding whether to purchase LDW, you may wish to determine whether your own vehicle insurance affords you coverage for loss or damage to the rental vehicle and amount of the deductible under your own insurance coverage. The purchase of this loss damage waiver is not mandatory and may be declined. Maryland residents holding auto insurance covering collision damage have automatic coverage for collision damage to rental cars rented for 30 days or less.

Missouri and Iowa: Collision Damage Waiver and Car Rental Insurance NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITONAL CHARGE, A COLLISION LOSS DAMAGE WAIVER (LDW) TO COVER ALL OR PART OF YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION LOSS DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR WON AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOU OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION LOSS DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED.

Colorado: This contract offers, for an additional charge, an LDW to cover your responsibility for loss of or damage to the vehicle. You are advised not to accept this waiver if you have rental vehicle coverage provided by certain gold or platinum credit cards or insurance on your own vehicle. Before deciding whether to purchase the LDW, you may wish to determine whether your own vehicle insurance affords you coverage for loss or damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this LDW is not mandatory and may be declined.

Louisiana: If you have collision coverage under your own automobile insurance policy written in Louisiana, your collision coverage automatically extends to rental motor vehicles pursuant to R.S.22:1406 (F). Even if you are not a Louisiana insured renter, the purchase of loss damage waiver is not mandatory and may be declined. This contract offers, for an additional charge, a loss damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the loss damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under such coverage.

Minnesota Consumer Protection: Under Minnesota law, a personal automobile insurance policy must: (1) cover the rental of this motor vehicle against damage to the vehicle and against loss of use of the vehicle; (2) extend the policy 's basic economic loss benefits, residual liability insurance, and uninsured and underinsured motorist coverage to the operation or use of a rented motor vehicle. Therefore, purchase of any collision damage waiver or similar insurance affected in this rental contract is not necessary. In addition, purchase of any additional liability insurance is not necessary if your policy was issued in Minnesota unless you wish to have coverage for liability that exceeds the amount specified in your personal automobile insurance policy.

Massachusetts: This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the rental vehicle. Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a collision damage waiver is optional and may be declined. For Massachusetts drivers: If the commonwealth adopts a law, regulation or legally binding policy that requires private passenger automobile insurance policies approved for sale in the commonwealth to extend comprehensive coverage to rental vehicles, then the disclosure notice which follows shall apply. If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to a rental vehicle less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.

Illinois: This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the rental vehicle. The purchase of a collision damage waiver is optional and may be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. The additional daily fee for LDW is $10.50 per full or partial rental day for vehicles with an MSRP of $30,000 or less and $13.50 per full or partial rental day for vehicles with an MSRP over $30,000. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under your own insurance coverage. In the event you elect not to purchase the Loss Damage Waiver, you may be held responsible for actual damage to the rental vehicle not to exceed $13,000 from June 1, 2007 through May 31, 2008 and an additional $500 each year thereafter, with the year running from June 1 and ending May 31. If the vehicle is stolen, you may be responsible for up to $2,000 unless you failed to exercise ordinary care while the vehicle was in your control, or if you aided or abetted in the theft of the vehicle, in which case you will be responsible for the fair market value of the vehicle.

New York: This contract will offer, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this vehicle protection if you have rental vehicle collision coverage provided by your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under such coverage. The additional daily charge for the optional vehicle protection is either $9 per day or $12 per day based on the manufacturer's suggested retail price of the car. If you rent the car for 2 days or more, you may void the optional vehicle protection within the first 24 hours by personally bringing the car back to a Budget location for inspection and signing a cancellation notice.

Right To Inspect
Failure to completely and accurately fill out and return an incident report within 10 days of receipt of notice may make the authorized driver liable for damages sustained to the rental vehicle. EXCEPT where the damaged vehicle is deemed to be a total loss and subject to salvage, the authorized driver or his or her insurer has 72 hours from the return of the vehicle to notify the rental vehicle company that he/she wishes to inspect the damaged vehicle. The inspection must be completed within 7 business days of the return date of the vehicle. If the authorized driver or his/her insurer does not request this inspection within the 72-hour period, the authorized driver or his/her insurer will be deemed to have waived this right. If the rental vehicle company determined the damaged vehicle to be a total loss and subject to salvage, such 72-hour period for notification or waiver of the wish to inspect the damaged vehicle shall not apply, and such right to inspect the damaged vehicle shall expire 10 business days from the authorized driver's receipt of this notice from the rental vehicle company at the return of the vehicle or receipt of the first mailing of this notice in the event of return of the vehicle by automation or after hours. Upon request of the authorized driver or his/her insurer, we will provide a copy of our estimate of the costs of repairing the damaged motor vehicle.

Prohibited Practices
New York State law prohibits the following practices by rental vehicle companies based on race, color, ethnic origin, religion, disability, sex, marital status or age:

  1. Refusal to rent;
  2. The imposition of any additional charge (except where the renter is under the age of 25). In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle solely on the requirement of ownership of a credit card.

Rhode Island: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. Read the collision damage waiver disclosure provision contained in the rental agreement before signing the rental agreement. The purchase of collision damage waiver is not mandatory under this contract. Notice about Liability for Damage to the Rental Car: The State of Rhode Island requires us to provide the following information about your liability for damage to the rental car and the purchase of a damage waiver. Insurance or Credit Card Coverage: Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage. Damage Waiver Coverage: A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it. If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply: (1) damage or loss caused intentionally, willfully or wantonly by an authorized driver; (2) damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred; (3) damage or loss caused while an authorized driver is engaging in any speed contest; (4) damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement; (5) damage or loss incurred while an authorized driver is driving outside the United States or Canada, unless expressly authorized in the rental agreement; (6) damage or loss incurred while the vehicle is driven, with the renter's permission or accession, by anyone other than an authorized driver; (7) damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company; and (8) damage or loss incurred as a result of commission of a felony by an authorized driver.

12. Damage to/Loss of the Car

If you do not accept LDW, or if the car is lost or damaged as a direct or indirect result of a violation of paragraph 9, you are responsible and will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car's retail fair market value before it was damaged and the sale proceeds, except in California, New York, Illinois and Canada. In California, New York and Illinois you will pay the lesser of the difference between the car's retail fair market value before it was damaged and the sale proceeds, or our estimated repair cost. If the car is stolen and not recovered you will pay us the car's fair market value before it was stolen. In Canada, you will pay us the greater of the car's retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sale proceeds. Depreciated book value may be higher than retail fair market value.

As part of our loss, you'll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any ("Incidental Loss"). On our request, you will provide us with the name of your insurer and policy number, or if the insurance is provided by your card issuer, its insurer. You authorize us to process any or all of our Incidental Loss to the card you use to pay for the rental. You also authorize us to collect any or all or of our loss from any third party that is responsible for it. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on LDW that are different than the terms of this agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired, we will reimburse you for those repairs only if you give us the repair receipt.

13. Personal Accident and Effects Insurance (PAE)

You acknowledge that you have read and understand the summary in this Agreement, which describes your option to purchase Personal Accident and Effects Insurance (PAE) in connection with each car rental from us, where such coverage is available, and the terms and conditions of such insurance. You understand that a copy of the policy is available for your inspection at the rental counter and that you may choose the PAE option by so indicating on your Enrollment Profile. You agree that your choice will apply to each rental that you make using Fastbreak Service, unless and until you change your choice for all future rentals by sending us a new Enrollment Profile indicating the changed choice in writing. On any rental for which you have chosen to accept PAE, you agree to pay the PAE fee in effect at time of rental for each full or partial day that the car is rented to you. You understand that we have the right to change the PAE fee from time to time and that you can be informed of the PAE fee in effect at the time of your rental by requesting this information from the reservation agent or checking the Budget Web site at the time you reserve the car.

14. Liability Protection and Your Indemnity

UNITED STATES
  1. Except in California and Texas, anyone driving the car who is permitted to drive it by this Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the driver and/or you up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. Although we comply with the requirements of the financial responsibility laws applicable to vehicle owners, in California and Texas, this Agreement does not afford you, or any other driver, any insurance or protection against liability in those two states. The limit for bodily injury sustained by any one person includes any claim for loss of that person's consortium or services. Where the law extends this protection to a non-permitted driver, the same limits will apply. Except where required by law to be primary, any protection provided by us will be secondary to, not excessive, any applicable insurance available to you or any other driver from any other source, whether primary, excess, secondary or contingent in any way. Otherwise, any such protection will be provided by us according to the terms, and subject to all of the conditions, of a standard automobile liability insurance policy issued in the jurisdiction in which the accident occurs, including all requirements as to notice and cooperation on your part, which are hereby made a part of this Agreement. If this protection is extended by operation of law to anyone not permitted by this Agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by this Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply. You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, or both, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand that unless required by applicable law, we will not provide: (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver's family; (c) defense against any claim, unless we are required to provide primary protection but in such event not after the applicable limits of protection that we furnish are tendered; (d) supplementary no fault, noncompulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. There is no coverage in Mexico, and the car may not be taken into Mexico under any circumstances unless special arrangements are made at the renting location for separate Mexican insurance, where such insurance is available.
  2. You also agree to indemnify us, our parent and affiliated companies for any loss, liability and expense arising out of the use of the car that exceeds the limits of liability protection provided above, or which results from any unauthorized use or prohibited operation of the car. You waive any claim against us for incidental, special or consequential damages in connection with the rental. Where the law extends protection to a person or instance where no coverage is intended to be afforded by this Agreement, anyone so protected will be responsible to indemnify us for all amounts that we are thus required to pay.
  3. Where and to the extent permitted by law, you and we are rejecting uninsured or underinsured motorist and all optional or rejectable automobile insurance coverages for all rentals and under any policy of insurance or certificate of self-insurance in connection with this Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or insufficient insurance to pay for losses and damages.
  4. Florida: In Florida, the renters/authorized drivers insurance is primary: pursuant to Florida Statute 627.7263 (2), the valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by Sec. 324.021 (7) and 6327.736 Florida Statutes.
  5. Pennsylvania: REJECTION OF UNINSURED MOTORIST PROTECTION: You are rejecting uninsured motorist coverage under this rental or lease agreement, and any policy of insurance or self insurance issued under this agreement, for yourself and all other passengers of this vehicle. Uninsured coverage protects you and other passengers in the vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.
  6. Michigan: Under Michigan law, Budget is liable for an injury caused by the negligent operation of the rented vehicle only up to the maximum amounts of $20,000 because of bodily injury to or death of one (1) person in any one (1) accident and $40,000 because of bodily injury or death of two (2) or more persons in any one accident, and only if the vehicle was being operated by the renter or other authorized driver or by the renter's spouse, domestic partner, father, mother, brother, sister, son, daughter or other immediate family member. The renter may be liable to Budget up to those amounts, and to injured persons for amounts awarded in excess of those amounts.
  7. Texas: Under Texas law, Budget is obliged to notify renters that their personal automobile liability insurance may provide coverage.

Liability Protection
Canada
Anyone driving the car who is permitted to drive it by this Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by one person includes any claim for loss of that person's consortium or services. Where the law extends this protection to a non-permitted driver, the same limits apply. Except where required by law to be primary, any protection provided by us shall be secondary to any applicable insurance available to you or any other driver from any other source, whether primary, excess, secondary or contingent in any way. Such protection will be provided by us according to the terms and subject to all of the conditions of a standard automobile liability insurance policy, issued in the jurisdiction in which the accident occurs, including all requirements as to notice and cooperation on your part, which are hereby made a part of this Agreement. You agree that we can provide this protection under a certificate of self-insurance or an insurance policy or both as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand and agree that unless required by applicable law we will not provide:
a. coverage for fines, penalties, punitive or exemplary damages;
b. coverage for bodily injury to you, or your death, while not a driver, or any member of your family or the driver's family;
c. defense against any claim after applicable limits or coverage that you furnish have been tendered;
d. supplementary no fault, non-compulsory uninsured or undersigned motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under the applicable statute.

There is no coverage in Mexico and the car may not be taken into Mexico under any circumstances.

15. Supplemental Liability Insurance (SLI)

UNITED STATES
You acknowledge that you have read and understand the summary in this Agreement, which describes your option to purchase Supplemental Liability Insurance (SLI) in connection with each car rental from us, where such coverage is available, and the terms and conditions of such insurance. You understand that a copy of the policy is available for inspection at the rental counter and that you may choose the SLI option by so indicating on your Enrollment Profile. You agree that your choice will apply to each rental you make using Fastbreak Service, unless and until you change your choice for all future rentals by sending us a new Enrollment Profile indicating the change of your choice in writing. On any rental for which you have chosen to accept the SLI option, the coverage provided in paragraph 13 above shall be primary; and you agree to pay the SLI fee in effect at the time of rental for each full or partial day that the car is rented to you. You understand that we have the right to change the SLI fee from time to time and that you can be informed of the SLI fee in effect at time of rental by requesting this information from the reservation agent or by checking the Budget Web site at the time you reserve the car.

Summary of Optional Coverages
UNITED STATES
The following are the summaries only of these optional coverages and are subject to all of the terms, conditions, limitations and exceptions of the applicable insurance policies and this Agreement.

Supplemental Liability Insurance (SLI) Coverage
Primary coverage is provided to you and authorized operators for third party automobile liability claims in excess of the limits ordinarily provided under the Rental Agreement. Coverage is subject to the Terms and Conditions described under paragraph 13 above, of the Budget Fastbreak Service Master Rental Agreement, including all requirements of notice and cooperation. The provisions of the policy itself shall control at all times.

Limits
SLI will provide coverage for the difference between the liability limits provided under paragraph 13 of these Terms and Conditions and a maximum combined single limit of $1,000,000 per occurrence for bodily injury, including death, and property damage. In no event, where SLI applies, shall the combined limit of coverage provided by you and by SLI either exceed or be less than that amount.

Exclusions
All exclusions are set forth in the policy. These include violating paragraph 9, above, of these Terms and Conditions and coverage excluded under paragraph 13.A. of these Terms and Conditions. Coverage does not apply in Mexico.

Obtaining Coverage
If you indicate "Accept" in the SLI box when completing the Budget Fastbreak Service Master Rental Agreement Enrollment Profile, coverage will be provided for the rental vehicle. The daily fee currently charged for this optional coverage varies between U.S. $10.95 per day and U.S. $12.95 per day depending upon the state of rental, and is subject to change. Such daily fee is due for each full or partial rental day.

Personal Accident and Effects Insurance (PAE)

Personal Accident
PAE is provided for accidental death, medical expenses and ambulance expenses for injuries due to an accident. The renter is covered during the entire rental period. Passengers are also covered, but only for accidents occurring while they are riding or driving with the renter in the enclosed portion of the rental car.

Benefits Renter Each Passenger
Loss of Life: U.S. $100,000* U.S. $10,000*
Medical Expenses Up To: U.S. $3,500 U.S. $3,500
Ambulance Expense: U.S. $250 U.S. $250

*NY: $175,000 Renter, $17,500 Passenger

These benefits are payable without regard to any other benefits, which may be due under any insurance policy, but are subject to change, and may vary in certain states.

Exclusions
This policy excludes coverage for injury or death resulting from a violation of paragraph 9 of these Terms and Conditions and also injury or Death, which (a) is intentionally self-inflicted; (b) results from any air travel; (c) results from committing or attempting to commit an assault or felony; (d) results from intoxicants or narcotics unless administered on the advice of a physician; or (e) results from suicide or attempted suicide while sane or insane.

Personal Effects
PAE also provides coverage during each Fastbreak Service rental for some loss of or damage to certain personal effects accompanying you en route and owned by and for your personal use and members of the your immediate family permanently residing in the same household who are traveling with you.

Limits
Maximum coverage during each rental period is U.S. $600 per person. Total benefits for all persons in any single rental period are limited to U.S. $1,800. There is a deductible of U.S. $25 per person.

Exclusions
Personal Effects not covered include motorcycles; boats or motors; currency; coins; deeds; bullion; stamps; securities; tickets or documents. This policy also does not cover: loss outside the United States and Canada; mysterious disappearance; delay, loss of market, indirect or consequential loss of any kind; breakage of glass unless coincidental with other loss or damage insured by the policy; wear and tear, mechanical breakdown, or by processing or any work done on property, unless damage by fire or explosion ensues, then the direct damage caused by such fire or damage should be covered. Theft is covered only if reported to the police.

In Canada, the PAE coverages are different than the coverages described above, and the specific coverages offered at participating locations in Canada prevail. Terms of these coverages are available at rental counters in Canada and upon request.

Filing a Claim
In the event of a claim or any occurrence that may result in a claim, a written immediate notification should be given to Budget. A PAE claim form should be obtained from Budget and filed in accordance with the instructions found on the form.

Obtaining Coverage
If you indicate "Accept" in the PAE box when completing the Budget Fastbreak Service Master Rental Agreement Enrollment Profile, coverage will be provided during the rental period. The daily fee currently charged for this optional coverage is $4.95, but is subject to change. Such daily fee is due for each full or partial rental day. This fee varies in New York.

16. Payment

You agree to pay upon demand:

  1. All rental charges, in accordance with paragraph 6 above, (including those applicable to optional or miscellaneous services and equipment), then in effect, plus applicable taxes, which apply to the car you rent for the period of the rental. You understand that you can be informed of the amounts of all such rates, charges and taxes at the time you make a reservation;
  2. Charges for damage to the car in accordance with paragraph 11 above;
  3. Charges for LDW option, if accepted, in accordance with paragraph 10 above;
  4. Charges for PAE option, (where available) if accepted, in accordance with paragraph 12 above;
  5. Charges for SLI option, (where available) if accepted, in accordance with paragraph 14 above;
  6. Fuel Service Charge, if applicable, as described in paragraph 18 below;
  7. Collection Expenses - as described in paragraph 21 below;
  8. Fines and Expenses - as described in paragraph 22 below.

17. Credit Card Billing

You agree that all charges will be billed to the card designated by you and that your signature on the Enrollment Profile and Master Rental Agreement will be deemed to have been made on the applicable credit card voucher.

18. Error in Rental Charges

You understand that all charges are not final and are subject to your review and to recalculation. You'll pay any undercharges and will receive a refund of any overcharges that we discover on review. You authorize any such credits or additional charges to be made by the method of payment designated on your Enrollment Profile.

19. Fuel Service Charge

Most rentals come with a full tank of fuel, but that is not always the case. There are four refueling options:

  1. Where available, if permitted by law, if you drive less than 75 miles, you acknowledge that we will add a flat fee to the rental the amount of which will be disclosed on the rental document and at the counter prior to rental. You may avoid this charge at time of return by providing a receipt for fuel purchased at which time the flat fee will be reversed from your total rental charges;
  2. If you do accept the fuel service option at the beginning of your rental, you will be charged as shown on the rental document for that purchase and you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. The per-gallon cost of fuel service option will always be lower than the fuel service charge. The cost of refueling the car yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel charge is not a retail sale of fuel;
  3. If you do not accept the fuel service option at the beginning of your rental and you return the car with less fuel than was in it when you received It, we will charge you a fuel service charge at the applicable per-mile or per-gallon rate specified on the rental document. The per-mile rate is used If you do not buy fuel during the rental. To calculate this amount, we multiply the number of miles driven, as shown on the car's odometer, times the per-mile rate shown on the rental document. The per-gallon rate is used If you buy fuel during the rental and provide us with a receipt on our request, but the tank Is not as full when you return the car as when you received It. To calculate this amount, we multiply the number of gallons needed to refill the fuel tank to the level it was at when you received the car (by reading the factory-installed gauge, rounded down to the nearest 1/8 of a tank), times the per-gallon rate shown on the rental document. Although two methods are used for ease of calculation, the per-mile and per-gallon rates produce approximately the same result; or
  4. You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.
  5. Some vehicles are equipped with in devices which monitor vehicle diagnostics and can be accessed remotely without your knowledge. In locations utilizing the technology that supports this functionality, when we charge you for fuel we will bill based on the size of the specific fuel tank. Budget will then establish 1/10th of a gallon increments for the specific fuel tank and all fuel charges for these vehicles will be based on 1/10th of a gallon.
20. Charge Card Reserve
  1. You acknowledge that you have been informed that if you use a charge card your credit, up to an amount of the estimated total charges due under this Agreement, as indicated on the rental document, based on your representation about this rental, may be set aside or reserved by the card issuer of one of up to two charge cards, which you have listed in your Enrollment Profile for payment of your car rental bills; or, if you use a debit card funds, in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under this Agreement, based on your representation about this rental, as indicated on the rental document or the deposit amount disclosed at the location at which you rent at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental, and that your card issuer's rules apply to your credit line being credited for such excess; and may not be immediately released by our card issuer.
  2. You further understand and agree that we will bill the card issuer according to the order of your selected billing priority as stated on your Enrollment Profile. Budget's credit and debit card policies are also fully disclosed at budget.com. We may receive card number information from the financial institution that issued your card. Should you not want this information sent to us, you will advise Budget in writing at 300 Centre Pointe Drive, Virginia Beach, VA 23462.
  3. If you use a credit or charge card that is issued by a financial institution outside of the United States and your charges are billed to us in a currency other than U.S. Dollars, the full amount of your charge will be converted to the card account's billing currency unless you submit a written request in advance to have the currency conversion performed by your card issuer. The conversion will be based on a conversion rate published by Reuters and will incorporate a processing charge no higher than 3% applied to all amounts relating to the transaction. This charge will replace the currency conversion processing charge applied by your card issuer. You understand that your card issuer has a currency conversion process; that you have chosen not to use your card issuer's currency conversion process; and that you will have no recourse against your card issuer with respect to any matter related to the currency conversion or disclosure thereof.

21. Lost or Damaged Property

We are not responsible for loss or damage to any property in or on the car, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You will be responsible to us for all claims by others for such loss or damage.

22. Collections

If you do not pay all amounts due to us under this agreement upon demand, including all charges, fees and expenses, including, without limitation, payment for loss of or damage to the car, rental charges, parking and traffic fines and penalties, toll charges, towing, storage and impoundment fees, you agree to pay a late charge of 1 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney's fees in addition to any administrative fees, cost recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Rental Document, or in any customer profile, as the place to send any demands or collection notices. In the event that you presented a credit or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.

23. Fines and Expenses

You'll pay all charges, fines, penalties, court costs and recovery expenses for parking, traffic, toll and other violations, including storage liens and charges, plus an administrative fee, with respect to the use of the car while on rental to you, unless due solely to our fault.

24. OnStar® System

You acknowledge that the car may be equipped with the OnStar System, which provides emergency and other services. You expressly authorize all of those services. You acknowledge that you understand that OnStar requires the car's electrical system and equipment, cellular service and satellite technologies to be available and operating for OnStar to function properly. All services are not available on all rental cars. OnStar acts as a link to existing emergency and other service providers. Services are limited by, and neither OnStar nor Budget is liable for, conditions or services outside their control.

Any information (e.g. navigational route support) provided through OnStar is on an "as is" basis. OnStar, its service providers and Budget will not be liable to you or any user of OnStar in connection with the use of such information. You understand and agree that OnStar may provide law enforcement with all necessary information to enable us to locate the car, if you fail to return the car when and where required under this agreement. You agree to release and hold us, and the OnStar service providers, harmless for any OnStar system failures. You also agree to limit claims against OnStar for damages for any losses under any theory to the pro rata portion of the rate for use of the car for one day.

Call 888-4OnStar (888-466-7827) to obtain a copy of OnStar's terms and conditions and privacy policy.

25. where2® Global Positioning Satellite System (GPS)

At various locations, we may offer for rental a where2 Global Positioning System unit for your use. If you rent such a unit you will pay the additional daily charge shown on the rental document. This unit is not part of the car. You are responsible for any loss or damage to the unit and its accessories regardless of cause even if you have accepted LDW. If the unit and/or its accessories are lost or damaged so as to, in our sole opinion, require repair or replacement, you will pay us its repair or replacement cost, which may be as much as $599. If you return the unit to a location other than the renting location without our authorization, you will pay us a fee for that unauthorized return. We do not use where2 units to track or locate cars, other than those that are reported lost or stolen or as may be required by law enforcement agencies.
26. General Provisions
  1. You represent that all the information on your Enrollment Profile is true, accurate, and complete. If any of such information is not true, accurate or complete in any respect, you agree that we have the right to terminate this Agreement and your enrollment in Fastbreak Service with or without notice to you.
  2. You agree to notify us in writing of any change in your mailing address, driver's license number or state/province of issuance and expiration date, or the status of your driver's license due to suspension, revocation or restriction of your driving privileges, employer and business address, credit identification or other information provided by you on your Enrollment Profile. You further agree to indemnify and hold us harmless from any loss, liability or expense arising out of your failure to so notify us, or which results from non-disclosure by you of a change in any of the information previously provided by you to us to induce us to enter into this Agreement.
  3. You understand that it is your responsibility to comply with all applicable seat belt and child restraint laws.
  4. You understand that in no event will you be deemed to be an agent, servant, or employee of ours in any manner for any purpose whatsoever.
  5. You agree that we do not waive any rights under this Agreement, except if such waiver is in writing and signed by our president or a vice president.
  6. You agree that we have the right, in our sole discretion, to terminate Budget Fastbreak Service, or your participation in the Budget Fastbreak Service at any time upon written notice to you, in paper or electronic form, or without notice after two years of Budget Fastbreak Service rental inactivity. Any written notice will be presumed to be received when mailed to your address or email address on your Enrollment Profile or such other address or email address as you may have subsequently provided to us.

27. Participating Fastbreak Service Locations

You understand that the locations where Budget Fastbreak Service is available can change from time to time without notice to you and that you can be informed of the specific Budget locations participating in the Program by requesting this information from the reservation agent or by checking the Budget Web site at the time you reserve. You further understand that you will be required to follow our standard rental procedures at locations not offering Fastbreak Service at the time of your rental.

28. Budget Rent A Car System, Inc. United States Privacy Policy

For the U.S. privacy policy for Budget, please visit budget.com/privacy

29. Budgetcar Inc.'s Canadian Privacy Policy

As of January 1, 2004, the Canadian federal government's Personal Information Protection and Electronic Document Act (PIPEDA), a new privacy law, will apply to Budget's Canadian operations. In addition, the province of Quebec, British Columbia and Alberta have enacted or intend to enact a private sector privacy law. The act regulates the collection, use and handling of PII (e.g. personal information about an individual) regardless of how the information exists. This policy explains how Budget protects your privacy and summarizes how and why we collect, use and disclose PII that you may provide to us.

This policy is applicable to PII that you provide to Budget, in Canada, and which is held in the Budget System's central database located in the United States. This privacy policy does not apply to PII you provide directly to related companies of Budget located outside of Canada, or to PII you provide directly to Budget licensees. If you provide your PII to a Budget licensee location, the licensee's privacy policy will apply. Some of the countries in which the Budget System operates in have privacy or data protection laws similar to the law in Canada; other countries in which the Budget System operates in do not. PII does not include the name, title or business address or office telephone number of an employee of an organization, or the name, address, telephone number, or similar information of a person that is publicly available (e.g. in a public telephone directory).

In this policy we also explain how you can contact us if you have a question about, or want to make a change to or delete, any PII that Budget may be holding about you. We strongly recommend that you take the time to read this privacy policy and retain it for future reference. What PII does Budget collect about me and how does it collect it? When you make a reservation, rent a car and/or join any of Budget's programs, we need to collect certain information about you in order to provide our services. The information we require is necessary in order to identify you, contact you, provide the requested service and administer your rentals. The service that you use will determine what information we collect from you. This information will include at least some of the following about you:

  • Name
  • Your Home and/or Business Address
  • Phone Number(s) at which we may contact you
  • Your Date of Birth
  • Method of Payment (e.g. Credit Card - Account Number and Expiration Date)
  • Your Driver's License Number and Province/Country of Issuance

When you rent a car, we will also record information that details your rental as recorded in your rental agreement (e.g. where you rented the car, where and when you returned the car, payment arrangements, insurance preferences, gas consumption, mileage and other information related to the vehicle rental).
In addition, in order to better serve you, Budget offers customized rental services on a membership basis. If you wish to join and request one of these services, such as Fastbreak, Budget may need more information than is required for providing standard car rental service. Information on what PII is collected and used in connection with these services is available in the brochure and materials describing these services. We may also need certain information from you when you request any of the following services and/or equipment: Special Needs/Optional Equipment, Special Offers/Discounts, Preferences, Partner Member Numbers, use of Budget BCD number, Frequent Traveler numbers and Car Preferences. For example, if you wish to use a discount that Budget provides to members in an association to which you belong, we will collect information about your membership in that association, both to verify your membership and to provide you with the correct discount for our services.
The PII we collect about you will be with your express or implied consent, by your request for our services. How we collect PII will depend on how you use our services. We may collect PII directly from you by phone, fax, e-mail, at the counter, upon your completion of an application or enrollment form, or through your use of our Web site .We may also collect information about you indirectly though a travel agent, an account program or through one of our partner programs when you deal with us through those means.

You may choose not to provide some or all of your PII to us, but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would otherwise expect from us.

How is my PII used or disclosed by Budget?
We strive to ensure a stress-free rental experience and are dedicated to building a rewarding and lasting relationship with every customer. In order to provide the level of service we believe you expect from us, we may use and disclose your PII for the following purposes:

General purposes - We use your PII to:

  • Provide the services that you request;
  • Do all things necessary to administer those services;
  • Research, develop, manage, protect and improve our services;
  • Unless you opt out, to conduct customer satisfaction surveys; and
  • Maintain and develop our service oriented software and other business systems.

We may disclose your PII to other related and non-related organizations including:

  • To your company or organization if you use our services under a corporate or other commercial account;
  • To one of our program partners (e.g. if you are a member of a frequent traveler program and you have asked us to send it details of your rental agreement with us to obtain your benefits from that program);
  • To your credit card issuers;
  • To credit reporting and fraud checking agencies;
  • To debt collection agencies, if you fail to pay monies owed to us;
  • To government or private organizations responsible for the processing or handling of traffic or parking related violations;
  • To driver licensing authorities, directly or through intermediary organizations, when needed to verify compliance with Budget's safe driver criteria for qualified drivers and/or to verify license information;
  • To government, regulatory and law enforcement agencies where the disclosure is required or authorized by law;
  • To insurance companies;

Use or disclosure for marketing purposes
If you have not opted-out of receiving marketing materials, we may use and disclose your PII to offer you products and services provided by Budget, our affiliates and/or our parent company and Budget System licensees located in Canada and the United States. We may also use (but not disclose) your PII to offer you products and services provided by Budget System program partner organizations. While these organizations change over time, our program partners are generally from the transportation, vacation and other travel related sectors.

A list of our affiliates and current program partners can be obtained by contacting us through one of the methods included in this policy. You may choose not to allow us to use or disclose your PII for direct marketing purposes by indicating your preference on the rental agreement or by contacting us as outlined in this Policy (see "Whom can you contact for further information"). The service providers we have retained to perform services on our behalf, are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.

Use to Provide Customer Service:
When you provide us with your PII, we will enter your information into the centralized Budget System database that is located and maintained in Canada and the United States. Once your information is in the Budget System database, it will not be used for any purpose not set forth in this policy. Your PII will be accessible by Budget System entities, should you request services from Budget System licensee locations, those Budget System licensees. Some of the countries in which the Budget System operates do not have, or have different privacy or data protection laws. The laws of and these countries may apply if you provide PII to Budget System entities and/or licensees in these countries.
How Does Budget Protect My PII?
We take reasonable steps to protect all of the PII we hold from misuse, loss, unauthorized access and modification or disclosure in violation of this policy. This protection applies in relation to information stored in both electronic and hard copy form. Access to the Budget System database is restricted to authorized personnel and is password protected. PII transmitted through our Web site is encrypted.
Can I Access the PII that Budget Has About Me?
You may access any PII that we have collected about you subject to certain exceptions. We will normally provide access without charge unless you either request access to a large volume of information or we have to access archived records to obtain the information. In these circumstances, we may impose a reasonable fee. We will, however advise you of that fee in advance. You may challenge the reasonableness of the cost. Details of how to contact us are set out below. There may be instances where we may not be able to provide you access to your PII, for certain reasons. Among these are; it has been destroyed or deleted after expiry of applicable retention periods, it contains PII of other persons or it contains commercially sensitive or proprietary information owned by us. If we are unable to provide you access, we will explain why and document that for our records.
Tell Us if We Need to Update Your PII or Preferences:
You play an active role in assisting Budget in maintaining the accuracy of your PII for as long as it is used for the purposes set out in this policy. Your prompt notification of any changes to your PII will assist us. You can update your preferences and your PII by contacting the Budget Privacy Officer at the contacts set out in this policy. If we don't agree to make the changes, you may challenge our decision.
Use of Web Site Tracking and Cookies:

Use of Internet Protocol (IP) Addresses: An IP address is a unique number that is automatically assigned to your computer whenever you are surfing the Internet so that your computer can be identified by the main computers, known as "Web servers," that serve up Web pages. This allows us to identify and gather general information and data about your use of the site, such as the Web pages viewed on budget.com. Budget collects IP addresses for the purposes of: helping us diagnose problems with our main computers, for system administration, to report aggregated information to our business partners, and to audit the use of our Web site. When Users request Web pages from our Web site, our Web servers log the User's IP address. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user will remain anonymous to us. For example, we collect and/or track the home server domain name, the type of computer, and the type of Web browser used by you to access our Web site. Such collection and tracking information is gathered by us as you navigate through our Web site, and will be used by us for our business purposes only.

We can, and will, use IP addresses to identify you when we feel it is necessary to enforce compliance with our Web site Terms of Use or to protect our service, site, users, or others.

Cookies:
What are cookies? Cookies are small pieces of information that a Web site sends to your computer for record-keeping purposes, which information is stored in a file on your computer's hard drive. Cookies make Web-surfing easier for you by saving your preferences so that we can use the saved information to facilitate your use of our Web site when you return to the Web site. Cookies do not tell us your individual identity unless you have chosen to provide it to us. We never save passwords or credit card information in cookies. The use of cookies is an industry standard, and as such, you will find that most major Web sites use them. You can delete your cookie file at any time. Most Web browsers are initially set up to accept cookies. You can reset your Web browser to refuse cookies or to indicate when a cookie is being sent. However, note that some parts of Budget and/or Budget's affiliates' services will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing transactions. Budget and/or Budget's affiliates have two (2) primary uses for cookies. First, we use them to specify a user's preferences. For example, you can specify keywords across several categories or markets so you don't have to tell us repeatedly your car choice. Second, we use cookies to track Web site usage trends and patterns. This helps us understand our users' needs better and improve areas of our Web site. While both of these activities depend on the use of cookies, you have the option of disabling (refusing) the cookies via your Web browser preferences. We use third party ad serving technology to serve ads when you visit our Web site. This technology uses information about your visits to this site (not including your name, address, or other personal information) to serve our ads to you. In the course of delivering our advertisements to you, a unique third party cookie may be placed or recognized on your browser. You may occasionally get cookies from our business partners if you use the links on our Web site to reach their respective Web site. Budget and/or Budget-affiliates do not control these cookies. We also share Web site usage information about visitors to our Web site with a reputable third party for the purpose of targeting our Internet banner advertisements on this site and other sites. To do this, we use Web beacons and cookies provided by our third-party ad server on this site. The information we collect and share through this technology is not personally identifiable. The use of advertising cookies sent by such third-party Web servers is standard in the Internet industry. For more information about our third party ad server, cookies and how to opt-out, please go to doubleclick.net/us/corporate/privacy.

What You Consent and Agree to:
When you provide us with your PII, you consent and agree to our use and disclosure of your personal information in accordance with this Policy including, in particular to:

  • Our collection, use and disclosure of that information in order to provide the service you have requested, to administer the rental, to provide customer services, and to operate our business, as described in this Policy;
  • If you do not opt out, our use and disclosure of your PII for direct marketing purposes and customer satisfaction surveys.
  • If you do not disable cookies or exercise the DoubleClick opt-out, our collection of information about your Web site visits for the purposes described in this policy.
Your Options:
You can opt-out of use and disclosure of your information for marketing purposes and customer satisfaction surveys by contacting Budget through one of the methods below. In addition, you can withdraw prior consent by any of the methods provided below under "Whom Can You Contact For Further Information?" Your consent will be withdrawn, however, it is possible that you may receive promotions scheduled prior to our receipt of your withdrawal of consent.

Changes to this Policy:
This is our current privacy policy outlining our PII management practices. It replaces any other privacy policy published by us prior to the date below. We may change this policy from time to time. If you have any questions, need to modify, or delete your PII or to obtain an up to date copy of our privacy policy, contact us. This Policy was last updated in March 2006.
Whom Can You Contact for Further Information?
If you wish to contact us to: (1) inquire about our privacy practices; (2) provide feedback and comments; (3) access or correct your PII we have; and/or (4) opt out of further communications, contact us as detailed below or complete and submit our privacy contact form found on budget.com
We offer customers the opportunity to opt-out of use and disclosure of the customer's PII for marketing purposes and customer satisfaction surveys. Customers can elect to opt out from any communications for these purposes by contacting us as detailed below. We also incorporate into our Data Warehouse do not market lists. Customers can contact Budget for any of the above reasons by using the following methods:

  1. Mail: Privacy Officer, Budgetcar, Inc.,
    21 Four Seasons Place, Suite 500, Toronto, Ontario M9B 6J8
  2. Phone: 800-268-8991
  3. Fax: 800-215-8872
  4. E-mail: privacyofficer@budgetgroup.com

Dispute Resolution
If you are not satisfied with the way in which we handle your inquiry, you can contact any of the following:

  1. Budget Privacy Officer
    a. Mail: Privacy Officer, Budgetcar, Inc., 21 Four Seasons Place, Suite 500, Toronto, Ontario, M9B 6J8
    b. Phone: 800-336-1121
    c. Fax: 800-215-8872
    d. E-mail: privacyofficer@budgetgroup.com
  2. Budget Legal Department
    a. Mail: 6 Sylvan Way, Parsippany, NJ 07054
    b. Phone: 973-496-0202
    c. Fax: 973-496-3444
    If you are not satisfied with the way we handle your complaint, you can also contact:
  3. The Privacy Commissioner of Canada
    a. Mail: 112 Kent Street, Ottawa, Ontario K1A 1H3
    b. Phone: 800-282-1376
    c. Fax: 613-967-6850
    d. E-mail: Cai.Communications@cai.gouv.qc.ca
Budget Links to provincial Information and Privacy Commissioners can be found on the Privacy Commissioner of Canada Web site.

Warning Notices for Rentals in:
Arizona: It shall be a violation of Arizona revised statute 13-1806 if this vehicle is not returned within 72 hours of the specified date and time and you shall be subject to a maximum fine of $150,000 and/or maximum imprisonment of 1.875 years. Cars shall not be driven into Mexico.

District of Columbia: Warning-failure to return any rented vehicle in accordance with the terms of this Rental Agreement may result in criminal penalty of up to 3 years in jail.

Washington: Warning-failure to promptly return this vehicle on the date indicated may result in criminal prosecution under RCW 9.45.062.

Notice: Florida: Dade County-You must be provided with a local road map with each rental. Your signature on the Master Rental Agreement acknowledges receipt of that map; therefore you need not sign for it at time of rental.

Additional Terms & Conditions For Fastbreak Rentals in Australia (Effective 16 December 2010)

The following documents are set out below:
  • the Budget Terms and Conditions of Rental (Rental Agreement);
  • the Budget Privacy Notice (Budget Privacy Notice);
  • the RTA E-Toll Facility Terms and Conditions for the Budget Fastbreak Service (RTA Terms and Conditions); and
  • the RTA Privacy Consent and Agreement for the Budget Fastbreak Service (RTA Privacy Consent).
  • (together, the Australian Terms and Conditions).

Your participation in the Budget Fastbreak 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. Budget Rent a Car Australia Pty Ltd ABN 89 007 348 021 (Budget Australia) may change the Rental Agreement and the Budget Privacy Notice 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:
    1. a rental of a Vehicle by You from Budget (as defined in the Rental Agreement) (Budget); and
    2. 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 Budget Australia website (www.budget.com.au).
  5. You can request Budget 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 Budget are made on the date that You rent the Vehicle from Budget.
  7. Each time you rent a Vehicle from Budget:
    1. You agree to be bound by the Australian Terms and Conditions;
    2. You accept those services known as 'Loss Damage Waiver' and 'Excess Reduction' as indicated on Your Enrolment Profile sent to Budget from time to time (Enrolment Profile);
    3. You accept the 'Rental Options' as indicated on Your Enrolment Profile; and
    4. You consent to Budget and the RTA disclosing your information to entities located outside Australia for the purposes set out in the Budget Privacy Notice and the RTA Privacy Consent respectively, on the basis that neither Budget 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 Budget Australia 14 days' written notice.
  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 a Budget Fastbreak Service rental.
  10. Budget 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 Budget locations participate in the Program by asking when You reserve a Vehicle.
  11. You must follow standard Budget rental procedures at locations not participating in the Program at the time of rental.
  12. Budget 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.

BUDGET TERMS AND CONDITIONS OF RENTAL

INTERPRETING YOUR RENTAL AGREEMENT

1 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; • 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;

'Excess Amount' means the amount shown as 'Excess Amount' 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 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 to Budget;

'Substitute Vehicle Insurance' means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while 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 Budget; and

'You' or 'Your' refers to the person(s) with whom the Rental Agreement is made;

'Your Account' means Your debit card, credit card or Budget 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 Budget, drive or take the Vehicle:

  1. to Kangaroo Island, Bruny Island, Fraser Island, Magnetic Island, Groote Eylandt, Gove Peninsula or the Tiwi Islands;
  2. into or out of the Northern Territory, Western Australia or Tasmania;
  3. 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;
  4. 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;
  5. on beaches or through streams, dams, rivers or flood waters.
  6. in Western Australia:
    1. to any parts North of Carnarvon;
    2. beyond 100 kilometres of the Perth city limits between dusk and dawn; or
    3. otherwise, outside any town or city limits between dusk and dawn; or
  7. in the Northern Territory, outside any town or city limits between dusk and dawn.

USE OF THE VEHICLE

4.1 You and any Authorised Driver must:
  1. not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
  2. not, without Budget's prior written consent, use, or allow the Vehicle to be used, to push anything;
  3. not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
  4. 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;
  5. not, without Budget's prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
  6. not use the Vehicle when it is damaged or unsafe;
  7. not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained Budget's approval to do so;
  8. 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;
  9. 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;
  10. 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
  11. 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:

  1. maintain all of the Vehicle's engine oils and engine coolant levels to the Manufacturer's Specifications;
  2. fill the Vehicle with only the fuel type specified in the Manufacturer's Specifications;
  3. keep the Vehicle locked and the keys under Your or the Authorised Driver's personal control at all times; and
  4. 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 reimburse You.

RETURN OF VEHICLE

6.1 You must return the Vehicle to Budget:
  1. to the place, on the date and by the time shown on the Rental Document; and
  2. 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. 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.

6.3 You must return the Vehicle to a Budget location during normal business hours. If You return the Vehicle later than the time shown on the Rental Document, You must pay all additional Rental Charges.

6.4 If:
  1. You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
  2. 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 re-take the Vehicle without notice, if 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 occur; or
  3. the Vehicle will be involved in an industrial dispute.
6.6 Budget may re-take the Vehicle after written notice to You if:
  1. (a) You do not return the Vehicle on the date and by the time shown on the Rental Document and You have not informed Budget of a new return date and time; or
  2. (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 Budget all Rental Charges for the period up to the return/re-taking of the Vehicle as well as any additional costs Budget 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 Budget is determined by visual inspection by Budget of the Vehicle's fuel gauge.

LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY

8.1 Subject to this clause 8, You are liable:

  1. for the loss of, and all damage to, the Vehicle; and
  2. for all damage to the property of any person:
  1. which is caused or contributed to by You or any person You allow to drive the Vehicle; or
  2. 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 clause 1).

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 Policy, if:

  1. You accept and pay for the Loss Damage Waiver option on the Rental Document (or if it is included in Your rate); and
  2. You pay the Excess Amount for each separate event involving:
  1. damage (including hail damage) to, or loss of, the Vehicle; or
  2. 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:

  1. the cost of repairing any:
    1. Overhead Damage or Underbody Damage;
    2. water damage to the Vehicle;
    3. damage to the Vehicle or to the property of any third party caused by a breach of clause 3, 4.1 or 5;
    4. damage to a tyre or an Accessory not attributable to normal wear and tear; and
    5. 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;
  2. the cost of replacing, if lost or stolen, an Accessory; and
  3. if You have breached the Rental Agreement, a per day loss of revenue fee based on the estimated downtime of the Vehicle.
8.4
  1. 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.
  2. If clause 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).
  3. 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.
  4. 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
  1. 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.
  2. 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.
  3. Budget 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 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 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:

  1. promptly reports the Incident to the local police (if required by law);
  2. promptly reports the Incident in writing to Budget;
  3. does 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;
  4. 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;
  5. 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
  6. 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.

PAYMENT

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

  1. all Rental Charges;
  2. 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
  3. 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 equivalent to:

  1. one day's rental at the 'daily rate' shown on the Rental Document (subject to clause 6.4); plus
  2. 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 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:

  1. You must also pay Budget 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
  2. if Budget arranges for the collection of the unpaid amount from You by a debt collection agency, You must also pay Budget:
  1. (1) Budget's administration fee of $75; and
  2. (2) the debt collection agency's fee equal to 10% of the unpaid amount, and interest on those amounts calculated in accordance with clause 11.7(a).

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 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:

  1. left in the Vehicle after its return to Budget; or
  2. stolen from the Vehicle or otherwise lost during the rental.

BUDGET RENT a CAR AUSTRALIA PTY LIMITED 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 information about you. For our full Privacy Policy please see www.budget.com.au 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.

ABOUT BUDGET

Budget Rent a Car Australia Pty Limited 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 and Africa.

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 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 or one of our partner programs. You can choose not to provide some of your personal details but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would normally expect from us.

HOW IS MY PERSONAL INFORMATION USED OR DISCLOSED BY BUDGET?
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.
We may disclose your personal information to third parties around the world including:
  • other members of the Budget 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 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 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.

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. When you rent a vehicle from Budget, 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 215
                        Bourke Road
                        Mascot NSW 2020 By fax: 02 9353 9017
By telephone:   02 9578 1000
By e-mail:        customer.service@budget.com.au
If you are not satisfied with the way in which we handle your enquiry, you can call the office of the Australian Privacy Commissioner on 1300 363 992.

RTA E-Toll Facility Terms and Conditions for the Budget Fastbreak Service

The Roads and Traffic Authority of New South Wales (ABN 64 480 155 255) (RTA), through Budget 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 Budget, You accept, and agree to be bound by, these RTA Terms and Conditions.

1. Your E-Toll Facility

  1. 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.
  2. In order to use Your E-Toll Facility, You or Your Authorised Driver must travel in an Electronic Tolling Lane.
  3. 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.
  4. 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

  1. You must pay the following amounts to the RTA in connection with the use of Your E-Toll Facility:
    1. all Tolls (it is Your responsibility to be aware of all Tolls payable in connection with the use of a toll road);
    2. the Service Fee for each calendar day on which the Vehicle incurs a Toll using Your E-Toll Facility;
    3. a Processing Fee in the circumstances described in clause 5(b);
    4. a Dishonour Fee in the circumstances described in clause 3(c); and
    5. 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.
  2. 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.
  3. You acknowledge that part of the Service Fee is paid to Budget.

3. Payment methods and authority

Payment by Nominated Card

  1. 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:
    1. 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
    2. 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.
  2. 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.
  3. If:
    1. there are insufficient funds available in the Nominated Card to meet Your payment obligations under these RTA Terms and Conditions; or
    2. a transaction on the Nominated Card is declined for any reason, save for:
      1. the negligence of, or wilful misconduct by, the RTA or any of its officers, employees or agents; or
      2. 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.
  4. 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:
    1. the existing Nominated Card is cancelled, suspended or is otherwise not useable; or
    2. the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.

    Payment by Your RTA Charge Account Holder

  5. If You are using a Budget Australia Charge Account to pay for the rental of the Vehicle:
    1. 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
    2. 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.
  6. 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

  1. 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.
  2. 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

  1. You may view a Transaction Summary without charge at any time by logging on to www.rta.nsw.gov.au/rentalcars.
  2. 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

  1. You must immediately inform Budget if either of the following occur:
    1. the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way defective; or
    2. the Vehicle is lost or stolen.
  2. 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 RTA Terms and Conditions and You will continue to be liable for Tolls and Fees.
  3. 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.

7. GST

  1. Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
  2. If GST is stated as not to be inclusive, You are liable for any GST payable.

8. General

  1. New South Wales laws govern these RTA Terms and Conditions.
  2. 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 Budget website (www.budget.com.au) at that time. You can access a copy of the RTA Terms and Conditions at any time from the Budget 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.
"Budget" means Budget Rent a Car Pty Limited ABN 89 007 348 021 or, where applicable, an independent Budget Rent A Car System licensee.
"Budget Australia Charge Account" means the charge account established by Your RTA Charge Account Holder with Budget.
"Credit Reporting Agency" means a corporation that carries on a credit reporting business.
"Dishonour Fee" means:

  1. (a) in relation to payment by a Nominated Card, a fee of $1.15;
  2. (b) in relation to payment by cheque, a fee of $20.00; and
  3. (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:
  1. (a) by mail, a fee of $5.00; or
  2. (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 Budget Fastbreak Service which are applicable at the time of Your rental of the Vehicle as posted on the Budget website (www.budget.com.au) and which govern the rental of a Vehicle by a member of the Budget Fastbreak 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 Budget Fastbreak 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

  1. (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.
  2. (b) Any reference to dollars and $ is to Australian currency.
  3. (c) The word includes in any form is not a word of limitation.
  4. (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 Budget Fastbreak 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:http://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 Budget Fastbreak 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 Budget website (www.budget.com.au) at that time. You can access a copy of the RTA Privacy Consent and Agreement for the Budget Fastbreak Service at any time from the Budget 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 Budget 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 Budget 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 Budget 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, 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.

"Enrolment Profile" means Your current enrolment profile for renting Vehicles under the Budget Fastbreak Service as notified in writing to Budget 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:

  1. You; or
  2. 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, Budget 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:

  1. 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);
  2. auditing of the E-Toll System;
  3. law enforcement;
  4. the enforcement of a law imposing pecuniary penalty;
  5. the protection of the public revenue;
  6. road safety;
  7. 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;
  8. obtaining advice and professional services on a confidential basis;
  9. market research and statistical analysis;
  10. other purposes related or incidental to the purposes listed above; and
  11. 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 Budget Fastbreak Service.

Clause 11 of the RTA E-Toll Facility Terms and Conditions for the Budget Fastbreak Service applies to the interpretation of this document.

Additional Terms & Conditions for Fastbreak Rentals in New Zealand

Terms and Conditions

1. GENERAL

1.1 These Terms and Conditions form part of an agreement ("agreement") which comprises the Master Rental Agreement enrollment Profile, which attaches these Terms and Conditions ("Master Rental Agreement") completed by the person signing the Master Rental Agreement as the hirer ("you", "your" or "yours") for the purpose of enrolling into the Budget Fastbreak renter programme ("Renter Programme"), a return copy of the Master Rental Agreement and each Rental Agreement ("Rental Agreement") completed by Budget Rent A Car Limited or an independent Budget Rent A Car Limited licensee ("we", "us" or "ours" ) in respect of a particular rental.

1.2 The agreement is between you and us and covers every rental of a motor vehicle by you from us under the Renter Programme. You understand that by signing the Master Rental Agreement, you will be deemed to have accepted the Terms and Conditions of the agreement. In the event any Term or Condition of the agreement is prohibited by the law of a jurisdiction covering a rental, that Term is in that jurisdiction, ineffective only to the extent of that prohibition.

1.3 You will be presented with a completed Rental Agreement when hiring a vehicle under the Renter Programme. You need not sign the Rental Agreement at the time of hiring but it is to be read together with and forms part of the agreement. The Rental Agreement sets out particulars of the hire which will be deemed to have been accepted by the hirer upon the hirer taking possession of the vehicle described in the Rental Agreement.

1.4 You warrant that all the information on the Master Rental Agreement is true and up to date in all respects. You acknowledge that we have been induced by, and have relied upon such information to enter into the agreement. You further warrant that all information supplied to us in the future will be true and up to date in all respects at the time it is provided.

1.5 You will notify us forthwith of any change in the information on the Master Rental Agreement, including, without limitation, any change of employer, business or residential address, any change in the status or conditions of your driving license, or credit identification.

1.6 You shall indemnify and hold us harmless in respect of any loss, liability or expense arising out of any failure to notify us of any such change or which results from nondisclosure by you of any change in any of the information previously provided by you to us.

1.7 We may from time to time change the locations where Renter Programme rentals are available without notice to you. You may request the locations where Renter Programme rentals are available from the reservation agent at the time of reserving a vehicle under the Rental Programme.

1.8 When hiring a vehicle from a location not offering Renter Programme rentals, you acknowledge that you will be required to follow standard Budget rental procedures.

1.9 We may change these Terms from time to time by notice in writing to you. Any such changes will apply to rentals by you after such notice has been given.

1.10 We may, in our sole discretion, terminate the Renter Programme or your participation in the Renter Programme at any time by written notice to you.

1.11 Any notice sent by us to you will be presumed to be received by you three days after it has been mailed to the address shown on your enrollment form or such other address provided by you after returning the enrollment form to us.

2. Vehicle Description

2.1 We will let and you will the motor vehicle described in each Rental Agreement, hereinafter referred to as "the vehicle".

3. Duration of Hire

3.1 The term of hire shall commence at the time on the day and shall cease at the time on the day specified in the Rental Agreement.

4. Persons Who May drive The Vehicle

4.1 The vehicle may be driven during the period of hire only by the persons named in the Rental Agreement or in a supplementary drivers sheet attached to the Rental Agreement, and only if they hold a current drivers license appropriate for the vehicle at the time when they are driving the vehicle.

5. Payments By hirer

5.1 You shall pay us as payment for the hire of the vehicle for the period of hire referred to in Clause 3 of these Terms and Conditions, the rental charge at the rate referred to in the Rental Agreement. Rental will be charged for a minimum of 24 hours. Thereafter, each hour shall be charged at one-fifth of the daily rate for up to five hours (which shall constitute a full days charge), and each half hour shall be rounded to the nearest hour.

5.2 In addition to the payment specified in clause 5.1 of these Terms and Conditions, you shall pay us the sum specified in the Rental Agreement for any insurance cover accepted by you. If you are aged under 25 years, an insurance surcharge may apply.

5.3 In addition to the payment specified in clause 5.1 of these Terms and Conditions, you shall pay us on termination of the hiring a distance charge at the rate specified in the Rental Agreement for every kilometre run. The total distance that you may run the vehicle during the period of hire shall not exceed the number of kilometres detailed in the Rental Agreement. If the distance in this clause is not completed then the distance restriction is not applicable to this hire.

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

6. Hirers Obligations

6.1 You shall ensure that:

  1. the water in the radiator and battery of the vehicle is maintained at the proper level;
  2. the oil in the vehicle is maintained at the proper level; and
  3. the tyres are maintained at their proper pressure.

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

7. Insurance

7.1 Subject to the exclusions set out below, You and any driver authorized to drive the vehicle is fully indemnified in respect of any liability he or she might have to us 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 us 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, you and any driver authorized to drive the vehicle are indemnified to the extent of $250,000 in respect of any liability you might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the vehicle.

7.2 Exclusions:

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

  1. the driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle;
  2. 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 you were aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
  3. the vehicle is operated in any race, speed test, rally or contest;
  4. you are not a body corporate or department of State and the vehicle is driven by any person other than myself or any other person referred to in clause 4 of these Terms and Conditions;
  5. the vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never had a drivers license appropriate for that vehicle;
  6. the vehicle is wilfully or recklessly damaged by you or any other person named under clause 4 of these Terms and Conditions, or driving the vehicle under the authority of you, or is lost as a result of the wilful or reckless behavior of you or any such person;
  7. the vehicle is operated on any of the following roads, Tasman Valley Road, Mt Cook; Skippers Canyon, Queenstown; Ninety Mile Beach, Northland; Coast Road to Russell, Northland; any unformed roads, including beaches.
  8. the vehicle is operated outside the term of the hire or any agreed extension of that term. It is agreed between us and you that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. You acknowledge by signing the Master Rental Agreement that you are aware of the above exclusions.

8. Hirers Liability

8.1 You acknowledge that you shall be liable for damages or loss to the extent indicated under the heading "Hirers Liability" in the Rental Agreement. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.

9. Rejection of Insurance

9.1 If insurance is rejected, you accept by signing the Master Rental Agreement that the vehicle is hired at your own risk in respect of loss or damage to the vehicle and consequential loss by us. You accept by signing the Master Rental Agreement that you may be liable to us for damage to or loss of the vehicle and consequential loss. If insurance cover is rejected, you accept by signing the Master Rental Agreement that you have no insurance coverage under this agreement in respect of any damage, injury, or loss caused to any person or property.

10. Personal Accident Cover

10.1 We in association with our insurers can provide additional personal accident cover ("PAI") (to that available under the Terms of the Accident Compensation Act 1982) to cover the occupants (excluding hitch-hikers) of the hired vehicle, who may suffer death or personal injury, caused as a result of a motor vehicle accident, whilst travelling in, alighting from, or entering the Budget vehicle whilst on hire. To effect such PAI the specified space on the Master Rental Agreement must be signed and the appropriate premium paid. The PAI is available to persons who are aged 15 to 70 years at the time of accidental death or personal injury. The cover is subject to the terms, conditions and limitations of the Master Policy of the PAI held at the registered office of Budget Rent A Car, Auckland. You acknowledge that clauses 10.2 and 10.3 of these Terms and Conditions set out a brief summary only of the benefits and principal exclusions of the Master Policy of the PAI as at the date of the Master Rental Agreement.

10.2 Benefits of PAI

  1. Accidental Death (to occupants aged 15-70)
  2. Loss of one or more limbs or eyes
  3. Temporary total disablement for a period not exceeding fifty-two weeks from the happening of the event.
  4. Medical Expenses

For a full list of PAI Insurance Terms and Conditions, including sums insured and claim limits, please contact Budget Rent A Car.

10.3 Principal Exclusions of PAI

No benefits shall be payable in the event of:

10.3.1 There being a violation of the Terms and Conditions of the Master Rental Agreement.

10.3.2 Intentional injury or suicide.

10.3.3 Mental unsoundness, racing or pacemaking.

10.3.4 Acts of war, riot or civil commotion.

10.3.5 Any accident whilst on board the Inter-Island Ferry.

10.3.6 Disease of any kind, or childbirth.

10.3.7 Hitch-hikers.

10.3.8 The occupants being under 15 or over 70 years of age.

11. Budget's Obligations

11.1 We shall supply the vehicle in a safe and roadworthy condition.

11.2 We shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of hire except to the extent that those costs are payable by myself. Note: By virtue of clause 5.4 above, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of you.

12. Mechanical repairs and accidents

12.1 If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, you shall advise us of the full circumstances by telephone as soon as practicable.

12.2 you shall not arrange or undertake any repairs or salvage without the authority of us (this includes purchasing a replacement tyre) except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

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

13. Use of Vehicle

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

13.2 You shall not:

  1. sublet or hire the vehicle to any other person;
  2. permit the vehicle to be operated outside your authority;
  3. operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against sections 56, 57 and 58 of the Transport Act 1998 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug or both);
  4. operate the vehicle or permit it to be operated in any race, speed test, rally or contest;
  5. operate the vehicle or permit it to be operated to propel or tow any other vehicle;
  6. (operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Land Transport Act 1998, the Traffic Regulations 1976, or any other Act, regulations, rules, or bylaws relating to road traffic;
  7. 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;
  8. drive or permit the vehicle to be driven by any person if at the time of driving the vehicle, you or the other person is not the holder of a current driver's license appropriate for the vehicle; and
  9. transport any animal in the vehicle (with the exception of Guide Dogs for visually impaired people).

14. Return of Vehicle

14.1 You shall, at or before the expiry of the term of hire, deliver the vehicle to the location described in the relevant Rental Agreement, or obtain our consent to the continuation of hire.

15. Immediate Return of Vehicle Where Default or Damage

15.1 We shall have the right to terminate the hiring and take immediate possession of the vehicle if I fail to comply with any of the Terms of the Master Rental Agreement or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of ourst and the rights of you under the Master Rental Agreement or otherwise.

16. Privacy

16.1 We shall hold information from you for the purposes of your rental activity with us and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services of ours. We may use the information for any of these purposes. You areentitled to request access to and correction of these details at any time by contacting ust.

16.2 The information requested from you is to enable this company to assess your request to hire a vehicle from us, and to comply with the requirements of the Transport Services Licensing Act 1989.You do not have to supply this information, but if you do not, we are unable to hire a vehicle to you.

Note to hirer: We must give you at least one copy of the Rental Agreement:

A copy of the Rental Agreement must be kept in the vehicle throughout the term of the hire and produced on demand by any police officer, traffic officer, or other authorized employee of the Land Transport Safety Authority.

Additional Terms and Conditiond for Fastbreak Rentals in Thailand

1.0 About Your Rental Agreement

1.1 The Worldwide Master Rental Agreement made between You and Budget comprises of:

  • the Worldwide Terms and Conditions;
  • the original (and any subsequent) Enrollment Profile that you complete and sign; and
  • each Rental Document.

1.2 The Worldwide Master Rental Agreement (including clauses 1 to 5 of these Terms and Conditions) covers each rental of a Vehicle made by You under the Budget Fastbreak Program.

1.3 These Terms and Conditions prevail (to the extent of any inconsistency) over any separate agreement You may sign or make with Budget. For the avoidance of doubt the Thailand Terms and Conditions only apply to Your rental in Thailand.

1.4 Budget may change these Terms and Conditions from time to time. Budget will inform You in writing of any changes, and those changes will apply to the next rental You make after Budget has sent You that written notice.

1.5 Budget will not waive any of its rights under the Worldwide Master Rental Agreement, except in writing signed by an officer or authorized representative of Budget.

1.6 If any term or condition is prohibited by law in a jurisdiction covering a rental, that term is, in that jurisdiction, ineffective to the extent of the prohibition.

Interpreting Your Rental Agreement

2.0 In These Terms and Conditions:

  • "Agreement" means the Worldwide Master Rental Agreement referred to in clause 1.1 governing the Program and any documents prepared by Budget at the commencement of the rental.
  • "Authorized Driver" means
    1. the second driver or drivers who sign the Additional Drivers Form or Rental Agreement and are listed on the Rental Agreement;
    2. Your employer or fellow employee, if either is engaged in activities that are incidental to Your business duties;
  • "Budget" means Worldclass Rent a Car Co., Ltd trading as Budget Car and Truck Rental, or, where applicable, an independent Budget Rent a Car System licensee;
  • "Damage" means the loss of or damage to the vehicle.
  • "Program" means the Budget Fastbreak Program referred to in clause 1.2.
  • "Protection Packages" means the Protection Package options set in clause 20.0
  • "Rental Agreement" means the document issued by Budget to You when a Vehicle is rented to You and which sets out the Vehicles details and the fees and charges applicable to that rental.
  • "Rental Period" means, in respect of each rental of a Vehicle, the period commencing when You receive the keys to the Vehicle from a Budget employee or agent and ending on the date that You return the Vehicle to Budget.
  • "Substitute Vehicle Insurance" means a policy of motor vehicle insurance held by You or an Authorized Driver which covers You or the Authorized Driver while You or the Authorized Diver use the Vehicle as a substitute for the vehicle insured under that policy;
  • "Third Party Damage" means all loss of or damage to third party property and any costs incurred by Budget in connection with such loss or damage.
  • "Vehicle" means any vehicle rented by You under the program (or any substitute vehicle), and includes its parts, components, accessories and contents, including without limitation tires, spares, glass and tools supplied by Budget;
  • "You" or "Your" refers to the person who has signed the Enrollment Profile referred to in clause 1.1 and with whom the Agreement is made and whose name appears on the reservation and/or rental agreement.

2.1 You agree to advise each Authorized Driver of the terms and conditions of this Master Agreement.

2.2 You agree that each time a Vehicle is provided to You a separate Agreement between You and Budget comes into existence.

3.0 Your Participation in the Program

3.1

  1. The information provided on any Enrollment Profile about You must be true, accurate, complete and up to date. You acknowledge that Budget will rely on such information to enter into the Agreement.
  2. You must notify Budget in writing if You wish to change Your selection of the Protection Packages (clause 20.0) or Your nominated credit card or charge account.

3.2 You indemnify Budget for any loss, liability or expense arising from Your failure to comply with clause 3.1

3.3 Budget may alter any of the fees or charges payable under the Agreement at any time without notice to You. You can be informed of the charges and fees by asking at the time of reservation or at the rental counter. You agree that You must pay all charges and fees whether or not You have asked about them.

3.4 Any notice sent to You by Budget will be deemed to have been received by You within three days of Budget having mailed it to the address shown on Your Enrollment Profile.

3.5

  1. Budget may change the locations from where the Program is available from time to time and without notice to You. You may find out which Budget locations participate in the Program by asking when you reserve a Vehicle.
  2. You will be required to follow standard Budget rental procedures at locations not participating in the Program at the time of rental.

3.6 Budget may terminate the Agreement and Your enrollment in the Program at any time if You or an Authorized Driver breach these Terms and Conditions.

4.0 Rental Process


4.1 For each rental, You must make Your reservation at least 24 hours before Your chosen time of rental, and inform the reservation agent that the reservation is for a Fastbreak service rental.

4.2 You consent to any credit checks deemed necessary by Budget in order to authorize the rental.

4.3 All Fastbreak service rental initiated in Thailand must follow the standard rental procedure including but not limited to;

  1. Declare personal ID or Passport and driving license of all designated drivers.
  2. Provide proof of payment by credit cards currently accepted by Budget Thailand.
  3. Sign all rental agreement upon the delivery or pick up of vehicle.
  4. Sign all relevant documents regarding vehicle inspection and verification.

5.0 Driver

5.1 You agree and acknowledge that:

  1. only You or an Authorized Driver will drive the Vehicle; and
  2. You and any Authorized Driver are currently licensed to drive the Vehicle and have been so licensed to drive for a period of 12 months or longer; (excluding any time under a learners permit or provisional license)
  3. You shall present your current driver's license to Budget prior to each rental.

6.0 Where You Can and Cannot Drive the Vehicle

6.1 You and any Authorized Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled, gravel or paved road.

6.2 You and any Authorized Driver must not unless authorized in writing by Budget drive or take the Vehicle:

  1. outside the Kingdom of Thailand;
  2. on beaches or through streams, dams, rivers or flood waters.

7.0 Use of the Vehicle

7.1 You and any Authorized Driver must:

  1. not allow the Vehicle to be used for any illegal purpose, race, stunt, contest or performance test of any kind;
  2. not allow the Vehicle to be used to tow or push anything unless authorized by Budget;
  3. not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
  4. not operate the Vehicle under the influence of alcohol, drugs or any substance including prescribed medicines that impairs driving ability or refuse to perform any test of impairment when lawfully requested to do so as evidence of such impairment;
  5. when leaving the vehicle, remove the keys, close and lock all doors, windows and truck and take care all reasonable care to minimize the risk of vandalism or theft of the Vehicle.;
  6. use the Vehicle to perform a felony or criminal offence or for the transportation of illegal substances or contraband;
  7. not allow the Vehicle to be used to carry passengers or property for payment of any kind;
  8. not use the Vehicle when it is damaged or unsafe;
  9. not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licenses and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturers and Budgets recommendations;
  10. not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
  11. not, without Budget prior written consent, use the Vehicle to carry any flammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
  12. not use the Vehicle in a reckless manner or in contravention of any law.

7.2 You must pay for any unauthorized repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period.

8.0 Maintenance, Security and Safety

8.1 You and any Authorized Driver must:

  1. maintain all of the Vehicles engine oils and engine coolant levels to the manufacturers specifications as set out in the Vehicles operations manual located in the glove box;
  2. keep the Vehicle locked and the keys under Your or the Authorized Drivers personal control at all times; and
  3. comply with any applicable seat belt and child restraint laws.

8.2 You must not have repairs to the Vehicle carried out unless Budget authorizes You to do so. Budget requires verification of the cost of repairs for audit purposes. You should obtain an original tax invoice/receipt to assist Budget. Budget will reimburse You for any repairs to the Vehicle authorized by it, provided that the cost of those repairs is verified. To the extent that Budget cannot verify the cost of repairs, Budget will not reimburse You.

9.0 Return of Vehicle

9.1 You must return the Vehicle to Budget:

  1. to the place, on the date and by the time shown on the Rental Document;
  2. in the same condition as it was at the commencement of the Rental Period (unless agreed otherwise in writing by Budget), fair wear and tear excepted.

9.2 If You return the Vehicle to a location other than that shown on the Rental Document, a "one-way fee or Drop Charge" may apply. If a "one-way fee or Drop Charge" applies, You must pay it at the end of the Rental Period.

9.3 You must return the Vehicle to a Budget location during normal business hours. If You return the Vehicle later than the time shown on the Rental Document, You must pay all additional rental charges.

9.4 If:

  1. You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
  2. any special conditions set out in the "Rates" section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Budget standard rate for the Vehicle for the Rental Period.

9.5 Budget may request the immediate return of the Vehicle, or Budget may re-take the Vehicle without notice, if Budget reasonably suspects that:

  1. You have breached a term or condition of the Agreement;
  2. The vehicle is illegally parked or appears to have been abandoned;
  3. The vehicle has been used in violation of the law;
  4. Damage to the Vehicle, or injury to persons or property is likely to occur; or
  5. The Vehicle will be involved in an industrial dispute; and You must also pay Budget any cost it incurs as well as all costs and charges under the Agreement for the period up to return/repossession of the Vehicle.

9.6 If You do not return the vehicle when due or within 24 hours after written or oral demand by Budget, You will be in unlawful possession of the Vehicle and Budget may seek the issuance of a warrant for the arrest of anyone in possession of the Vehicle, including You.

10.0 Fuel

10.1 If You do not select the Prepaid Fuel Option (where available), and You return the Vehicle with less fuel than it had when You rented it, You must pay the Fuel Service Charge per liter as set out on the Rental Document.

11.0 Vehicle Loss and Damage:

11.1 Subject to this clause 11, You are liable

  1. For all loss of and damage to the Vehicle and property of any third party regardless of fault, including without limitation any loss or damage caused by collision, accident, theft, vandalism, fire, acts of God, or any other event;
  2. For any reduction in the retail value of the Vehicle that remains after repair, actual towing, storage, impoundment and all related expenses;
  3. For Budgets loss of use of the Vehicle and an administrative charge for expenses associated with processing the loss and damage claim;

11.2 Subject to clause 11.3, if;

  1. You accept the Loss Damage Waiver option on the Enrollment Form or Rental Agreement at the commencement of the Rental Period (or it is included in Your rate); and,
  2. where applicable, You pay the excess shown on the Rental Agreement for each separate event involving damage to or loss of the Vehicle or for each separate event involving damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorized Driver;
  3. Budget:
  4. Waives Your liability under clause 11.1 for damage to the Vehicle or loss of the Vehicle; and
  5. will ensure that You and any Authorized Driver are entitled to be indemnified under a policy of liability insurance provided by a registered insurer for Your and an Authorized Drivers legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorized Driver.

11.3 You must always pay, and clause 11.2 does not cover:

  1. the excess shown on the Rental Agreement if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
  2. the cost of rectifying any tire damage not attributable to normal wear and tear;
  3. the cost of repairing any damage caused deliberately or recklessly by:
    1. You;
    2. any other driver of the Vehicle; or
    3. any passenger carried during the Rental Period;
  4. the cost of repairing any damage to the Vehicle or to third party property caused by You using, or permitting the Vehicle to be used, in any area prohibited by the Agreement (clause 6) or use of the Vehicle in violation of clause 7
  5. the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle;
  6. the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle; or
  7. the cost of repairing or replacing any internal Vehicle accessories, including but without limitation Radio/CD players.

11.4 You acknowledge reading all of the Loss Damage Waiver notices and waive your right or obligation to read such notices at the time of rental.

11.5 The Loss Damage Waiver fee to reduce Your excess varies by the type of vehicle rented and location of rental. Full details of the current excess amount and the Loss Damage Waiver fee are available from Budget

11.6 Budget may change or cancel the availability of Loss Damage Waiver at any time by notice to You.

12.0 LIABILITY PROTECTION: IF THERE IS A VIOLATION OF A USE RESTRICTION IN CLAUSES 5, 6 OR 7 ALL LIABILITY PROTECTION DESCRIBED BELOW ARE VOID, TO THE EXTENT ALLOWED BY APPLICABLE LAW.

12.1 IF THERE IS NO VIOLATION OF A USE RESTRICTION (CLAUSES 5, 6 OR 7), BUDGET PROVIDES AUTOMOBILE LIABILITY PROTECTION TO AUTHORIZED DRIVERS for resultant bodily injury (including death) and property damage to others resulting from the use of the Vehicle,

12.2 BUDGETS LIABILITY PROTECTION IS LIMITED AND DOES NOT APPLY until after exhaustion of all automobile liability insurance and/or other protection available to You or the Authorized Driver (including but without limitation personal automobile insurance, employers insurance, and/or any other protection or indemnification, whether primary, excess or contingent).

12.3 Budgets liability protection applies only to the extent required to meet, on a cumulative basis with all such other liability insurance and/or protection available to YOU or the Authorized Driver, the minimum compulsory standard specified in the Road Accident Victims Act.

13.0 Personal Accident and Effects Insurance

13.1 You may accept the Personal Accident and Effects insurance ("PAE") option on the Enrollment Form or Rental Agreement at the commencement of the Rental Period which provides some medical, death and dismemberment benefits for bodily injury which results from an accident, and some protection against loss of or damage to certain personal effects

13.2 PAE Provides the Following maximum Benefits For Accident Bodily Injury:

  1. You receive the following protection during the entire rental period, both within and out of the Vehicle:
    1. Accidental Death and Dismemberment up to Baht 1,000,000 and
    2. Medical Expenses up to Baht 250,000
  2. Passengers (including Authorized Drivers whilst operating the Vehicle) receive the following protection whilst occupying the Vehicle:
    1. Accidental Death and Dismemberment up to Baht 1,000,000 and
    2. Medical Expenses up to Baht 250,000

13.3 PAE Does Not Supply Any Benefits For Injuries Or Death Resulting From:

  1. Use of the Vehicle in violation of a Use Restriction in this Agreement (clause 7);
  2. Commission of and assault or felony;
  3. Intentional self-inflicted injury or suicide;
  4. Participation in a race, speed or endurance contest;
  5. Disease, illness or bacterial infection;
  6. Pre-existing conditions;
  7. Air travel, except as a passenger on a scheduled airline flight;
  8. While You are driving or riding in any Vehicle being used as a taxi, bus, or other public vehicle; or
  9. The use of any narcotic or alcohol, except as prescribed by a licensed, qualified physician.

13.4 PAE PROVIDES LIMITED COVERAGE FOR SOME LOSS OF OR DAMAGE TO CERTAIN PERSONAL PROPERTY owned by and for the personal use of You, Your spouse and minor children residing with You while traveling with You. Personal property, while contained in the Vehicle, is covered for damages caused directly by:

  1. Accident to the Vehicle;
  2. Theft from the Vehicle if it was securely locked, the theft was reported to the appropriate police authority, and there exists signs of forced entry into the Vehicle; and
  3. Fire, explosion or lightning.

13.5 PAE Provides the Following Coverage on an Actual Cash Value Basis For the Loss to Personal Property:

  1. Personal property limit per Vehicle: Baht 40,000; and
  2. Deductible per person: Baht 1,000.

13.6 PAE Does Not Cover:

  1. Currency coins, stamps, tickets, deeds, and documents;
  2. Contact lenses, eyeglasses and prosthetic devices;
  3. Jewelry, furs and fine art;
  4. Food, liquor, medication, plants, animals and other perishable goods;
  5. Audio visual equipment, television, video cameras and camcorders; and
  6. Cellular phones, CB radios, tape players, radios and other sound reproducing or receiving equipment.

13.7 PAE Also Does Not Cover Loss Or Damage Caused By, During, Or Arising Out Of:

  1. use of the Vehicle in violation of the "Use of the Vehicle" (clause 7), or loss or damage to personal property resulting from loading or unloading of personal property; or
  2. mysterious disappearance.

14.0 No-Fault Benefits:

14.1 UNLESS REQUIRED BY APPLICABLE KINGDOM OF THAILAND LAW, BUDGET DOES NOT PROVIDE LIMITED NO-FAULT BENEFITS, SUPPLEMENTARY NO-FAULT BENEFITS, PERSONAL INJURY PROTECTION, OR OTHER INSURANCE THAT IS OPTIONAL OR CAN BE WAIVED OR REJECTED, and You specifically waive and reject all such benefits, protection and insurance.

14.2 BUDGETS NO-FAULT PROTECTION DOES NOT APPLY until after exhaustion of all other no-fault insurance and/or other protection available to the Authorized Driver and/or passenger(s) (no-fault, supplemental no-fault, personal injury protection, employers insurance, and/or any other protection or indemnification, whether primary, excess or contingent), and then Budgets protection applies only to the extent it is needed to meet, on a cumulative basis with all such other insurance and/or protection available to the Authorized Driver and/or passenger(s), the minimum compulsory standard specified under the law of the Kingdom of Thailand applicable to road accident victims.

15.0 Your Indemnification of Budget:

15.1 YOU WILL INDEMNIFY AND HOLD BUDGET HARMLESS FROM all liabilities, costs and expenses (including attorneys fees) for all claims which are excluded from or in excess of the protection provided to Authorized Drivers by Budget as described in paragraphs 12 and 14, and for all claims by or against Budget resulting from Your failure to comply with all the terms and conditions of this Agreement. If Budget brings a claim or action against Renter for recovery of amounts specified in the Vehicle Loss and Damage section (Clause 11), Your Indemnification of Budget section (Clause 15), or the Payment section (Clause 19.0), You agree to reimburse Budget for its costs and expenses (including reasonable attorneys fees, litigation costs and expenses) incurred in the claim or action.

16.0 Claims and Proceedings

16.1 Where the use of the Vehicle by You, an Authorized Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorized Driver must:

  1. promptly report such incident to the local police and obtain a written police report;
  2. promptly report such incident in writing to Budget;
  3. not, without Budgets written consent, make or give any offer, promise ofpayment, settlement, waiver, release, indemnity or admission of liability;
  4. permit Budget or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
  5. permit or ensure that Budget may claim in Your name or that of the Authorized Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorized Driver to assist Budget in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Budget;
  6. complete and furnish to Budget within a reasonable time any statement, information or assistance which Budget or its insurer may reasonably require, including attending at a lawyers office and at Court to give evidence.

17.0 Repairs and Alterations:

17.1 You will not permit any repair to be made to the Vehicle, or the replacement of any part on the Vehicle, without the prior consent of Budget.

17.2 You will not tamper with the Vehicles odometer or speedometer or otherwise alter the Vehicle.

17.3 You will pay for all unauthorized repairs and replacement parts, as well as the cost of restoring any unauthorized alterations.

18.0 Property Placed, Transported Or Left in Any Vehicle Or at Budget

18.1 You are solely responsible for all loss of and damage to any property placed, transported or left in any Vehicle, or within any Budget facility.

18.2 You agree to pay all costs associated with the disposal of any such property. Budget may act as Your agent for such disposal of any such property.

19.0 Payment:

19.1 At the end of the Rental Period, You must pay Budget on demand:

  1. all charges specified on the Rental Document and all charges payable under the Agreement;
  2. any amount paid or payable by Budget or You to any person arising out of Your use of the Vehicle or imposed on You or Budget by any governmental or other competent authority (such as speeding, parking and traffic fines); and
  3. any amount for which You are liable to Budget under the Agreement, in respect of a breach of the Agreement or otherwise.

19.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:

  1. one days rental at the "daily rate" shown on the Rental Document (subject to clause 9.4), plus
  2. the amount payable for the number of kilometers driven during the Rental Period.

19.3 Distance charges are measured from the Vehicles odometer.

19.4 You authorize Budget to charge all moneys payable to Budget under the Agreement to Your credit card or charge account.

19.5 Budget will pay any refund due to You by such method as Budget may reasonably choose.

19.6 Renter also consents to the reservation of credit up to Baht 10,000 the first rental day and up to Baht 2,000 for each additional rental day, or up to the estimated Rates, Charges and Fees plus 15 percent, whichever is greater

20.0 Protection Packages

20.1 You may nominate Excess Reduction (ER) by indicating this on the Enrollment Profile. This choice will apply for each rental that you make under the Program where the nominated protection package is available. You may change your choice for future rentals by notifying Budget of this change in writing.

20.2 On any rental car, which You have chosen the protection package, You must pay the charge for such option current at the time of rental for each full or partial day of the rental.

20.3 In the event that the nominated protection package ceases to be available Budget will provide notice to you if you have chosen the Protection Package.

21.0 Reimbursement:

21.1 You will reimburse Budget all costs and fees incurred by Budget for the following;

  1. Issuance of a warrant (as provided for in this Agreement) for the arrest of anyone possessing the Vehicle;
  2. any action by Budget used to enforce this Agreement; and
  3. Any action by or against Budget resulting from Your breach of this Agreement.

22.0 Incidental, Special Or Consequential Damages:

22.1 You agree to waive all claims against Budget for any incidental, special or consequential damages in connection with the furnishing, performance or use of the Vehicle.

23.0 Renters Independent Status:

23.1 You are not the agent or authorized representative of Budget for any purpose.


These Terms and Conditions are effective January 6, 2012
You can always find the most updated Terms and Conditions at budget.com/terms
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