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Additional Terms & Conditions for Fastbreak Rentals in New Zealand
Terms and Conditions
2. Vehicle Description
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.
2.1 We will let and you will the motor vehicle described in each Rental Agreement, hereinafter referred to as "the vehicle".
3. Duration of Hire
4. Persons Who May drive The Vehicle
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.
4.1 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
6. Hirers Obligations
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.
6.1 You shall ensure that:
- the water in the radiator and battery of the vehicle is maintained at the proper level;
- the oil in the vehicle is maintained at the proper level; and
- 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.
7.1 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.
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
- the driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle;
- 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;
- the vehicle is operated in any race, speed test, rally or contest;
- 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;
- 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;
- 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;
- 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.
- 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
- Accidental Death (to occupants aged 15-70)
- Loss of one or more limbs or eyes
- Temporary total disablement for a period not exceeding fifty-two weeks from the happening of the event.
- 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.
10.3.8 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:
- sublet or hire the vehicle to any other person;
- permit the vehicle to be operated outside your authority;
- 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);
- operate the vehicle or permit it to be operated in any race, speed test, rally or contest;
- operate the vehicle or permit it to be operated to propel or tow any other vehicle;
- (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;
- 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;
- 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
- 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.
16.1 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
- the second driver or drivers who sign the Additional Drivers Form or Rental Agreement and are listed on the Rental Agreement;
- 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
- 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.
- 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.
- 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.
- 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;
- Declare personal ID or Passport and driving license of all designated drivers.
- Provide proof of payment by credit cards currently accepted by Budget Thailand.
- Sign all rental agreement upon the delivery or pick up of vehicle.
- Sign all relevant documents regarding vehicle inspection and verification.
5.1 You agree and acknowledge that:
- only You or an Authorized Driver will drive the Vehicle; and
- 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)
- 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:
- outside the Kingdom of Thailand;
- on beaches or through streams, dams, rivers or flood waters.
7.0 Use of the Vehicle
7.1 You and any Authorized Driver must:
- not allow the Vehicle to be used for any illegal purpose, race, stunt, contest or performance test of any kind;
- not allow the Vehicle to be used to tow or push anything unless authorized by Budget;
- 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;
- 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;
- 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.;
- use the Vehicle to perform a felony or criminal offence or for the transportation of illegal substances or contraband;
- not allow the Vehicle to be used to carry passengers or property for payment of any kind;
- not use the Vehicle when it is damaged or unsafe;
- 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;
- 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;
- 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
- 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:
- 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;
- keep the Vehicle locked and the keys under Your or the Authorized Drivers personal control at all times; and
- 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:
- to the place, on the date and by the time shown on the Rental Document;
- 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.
- You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
- 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:
- You have breached a term or condition of the Agreement;
- The vehicle is illegally parked or appears to have been abandoned;
- The vehicle has been used in violation of the law;
- Damage to the Vehicle, or injury to persons or property is likely to occur; or
- 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.
10.1 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
- 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;
- For any reduction in the retail value of the Vehicle that remains after repair, actual towing, storage, impoundment and all related expenses;
- 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;
- 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,
- 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;
- Waives Your liability under clause 11.1 for damage to the Vehicle or loss of the Vehicle; and
- 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:
- 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;
- the cost of rectifying any tire damage not attributable to normal wear and tear;
- the cost of repairing any damage caused deliberately or recklessly by:
- any other driver of the Vehicle; or
- any passenger carried during the Rental Period;
- 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
- 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;
- 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
- 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:
- You receive the following protection during the entire rental period, both within and out of the Vehicle:
- Accidental Death and Dismemberment up to Baht 1,000,000 and
- Medical Expenses up to Baht 250,000
- Passengers (including Authorized Drivers whilst operating the Vehicle) receive the following protection whilst occupying the Vehicle:
- Accidental Death and Dismemberment up to Baht 1,000,000 and
- Medical Expenses up to Baht 250,000
13.3 PAE Does Not Supply Any Benefits For Injuries Or Death Resulting From:
- Use of the Vehicle in violation of a Use Restriction in this Agreement (clause 7);
- Commission of and assault or felony;
- Intentional self-inflicted injury or suicide;
- Participation in a race, speed or endurance contest;
- Disease, illness or bacterial infection;
- Pre-existing conditions;
- Air travel, except as a passenger on a scheduled airline flight;
- While You are driving or riding in any Vehicle being used as a taxi, bus, or other public vehicle; or
- 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:
- Accident to the Vehicle;
- 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
- Fire, explosion or lightning.
13.5 PAE Provides the Following Coverage on an Actual Cash Value Basis For the Loss to Personal Property:
- Personal property limit per Vehicle: Baht 40,000; and
- Deductible per person: Baht 1,000.
13.6 PAE Does Not Cover:
- Currency coins, stamps, tickets, deeds, and documents;
- Contact lenses, eyeglasses and prosthetic devices;
- Jewelry, furs and fine art;
- Food, liquor, medication, plants, animals and other perishable goods;
- Audio visual equipment, television, video cameras and camcorders; and
- 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:
- 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
- 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:
- promptly report such incident to the local police and obtain a written police report;
- promptly report such incident in writing to Budget;
- not, without Budgets written consent, make or give any offer, promise ofpayment, settlement, waiver, release, indemnity or admission of liability;
- 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;
- 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;
- 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.
19.1 At the end of the Rental Period, You must pay Budget on demand:
- all charges specified on the Rental Document and all charges payable under the Agreement;
- 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
- 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:
- one days rental at the "daily rate" shown on the Rental Document (subject to clause 9.4), plus
- 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.
21.1 You will reimburse Budget all costs and fees incurred by Budget for the following;
- Issuance of a warrant (as provided for in this Agreement) for the arrest of anyone possessing the Vehicle;
- any action by Budget used to enforce this Agreement; and
- 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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