TERMS AND CONDITIONS OF STANDARD RENTAL AGREEMENT

EFFECTIVE 01 August 2023

TABLE OF CONTENTS PAGE

Interpreting Your Rental Agreement
Driver
Where You Can and Cannot Drive the Vehicle
Use of the Vehicle
Vehicle Maintenance, Security and Cleaning
Return of the Vehicle
Fuel
Liability For Loss or Damage
Loss Damage Waiver
Assessment and Payment for Loss or Damage
Claims and Proceedings
Payment
Termination
Property In Vehicle
Dispute Resolution
General
Privacy

ANNEXURES

Privacy Collection Statement
Terms and Conditions
Fee Schedule
Where You Cannot Drive the Vehicle

INTERPRETING YOUR RENTAL AGREEMENT

The Rental Agreement between NCN Travel & Rent and You (Rental Agreement) is made on the date shown on the Rental Document in respect of the Vehicle and is made up of that Rental Document and these Terms and Conditions.

By entering into the Rental Agreement, you also agree to be bound by the Terms and Conditions set out in:

a) Privacy Collection Statement (Annexure A)

b) Link Terms and Conditions (Annexure B)

d) Where you can and cannot drive the Vehicle (Annexure D)

Fees and charges that NCN Travel & Rent is entitled to charge without further consent from You other than signing the Rental Agreement are set out in the Pricing Schedule at Annexure C. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rental Agreement. If you have pre-paid Your Vehicle booking, you have also agreed to the Pre-Pay Terms and Conditions. To the extent of any inconsistency between this Rental Agreement and the Pre-Pay Terms and Conditions, the Pre-Pay Terms and Conditions prevail.

In these Terms and Conditions:

Accessory: Means any equipment set out in the Rental Document, including but not limited to as applicable any Global Positioning System receiver or similar device, dash cam or any child restraint, child booster seat or similar equipment;

Account: means the debit card or credit card to which Rental Charges are to be debited;

Additional Driver Fee: means the fee payable by You to NCN Travel & Rent for the addition of an Authorised Driver aside from you;

Authorised Driver subject to Clause 2: means you and any Additional Driver who is:

• Your spouse or de facto partner;

• Your employer, employee, fellow employee or partner if it is disclosed by you to NCN Travel & Rent that the Vehicle is rented for business purposes; or

• Added to Your rental as an Additional Driver;

Australian Consumer Law: means Schedule 2 to the Competition and Consumer Act 2010;

Code: means the Australian Finance Industry Association Car Rental Code of Practice;

Collection Costs: means NCN Travel & Rent’s reasonable costs of collecting unpaid Rental Charges from You;

Excess Amount: means the amount shown as ‘Excess Amount’ on the Rental Document;

Excess Reduction: means the product called ‘Excess Reduction’ that you may purchase before your rental commences to reduce any Excess Amount payable;

Fair Wear and Tear: means Fair Wear and Tear described in the Code under the annexure headed ‘AFIA Fair Wear and Tear Guide - Rental Vehicles’ and does not include damage (as set out in that annexure);

Late Return Charge: means a single charge payable by You if You do not return the vehicle on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with NCN Travel & Rent under clause 6.1(a);

Loss Damage Waiver: means the loss damage waiver described on the Rental Document as LDW which reduces your financial responsibility for loss or damage to the Vehicle to the Excess Amount

Manufacturer’s Specifications: means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual located in the glovebox of the Vehicle;

Overhead Damage: means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the front and back windscreens, damage to the box section of a commercial vehicle above the front windscreen or damage to third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;

Pre-Pay Terms and Conditions: means the terms and conditions relating to when you choose to pre-pay at time of reservation with NCN Travel & Rent;

Refuelling Service Fee: means the cost of fuel per litre plus NCN Travel & Rent reasonable costs associated with arranging to fill the Vehicle with fuel;

Rental Charges: means the fees, costs, amounts and charges specified on the Rental Document and Pricing Schedule or payable under this Rental Agreement;

Rental Document: means a legally binding contract made between NCN Travel & Rent and You or the person hiring the Vehicle and any Authorised Driver;

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 NCN Travel & Rent;

Roadside Assistance Cover: means the provision of the roadside assistance services described in clause 5.6 for the Roadside Assistance Cover fee specified in the Pricing Schedule;

Roadside Callout Fee: means a charge for an individual roadside assistance callout event, as specified in the Pricing Schedule;

State: means a state within Australia including New South Wales, Victoria, Queensland, Western Australia, South Australia and the island of Tasmania;

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 during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where NCN Travel & Rent considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage;

Vehicle: means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices and all Accessories and contents supplied by NCN Travel & Rent unless the context requires otherwise;

We: refers to NCN Travel & Rent;

Windscreen and Tyre Protection: means the protection cover set out in clause 5.10 and is available at selected locations and reduces your potential liability to NCN Travel & Rent for damage to the Vehicle’s windscreen, windows and tyres.

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

‘4WD’ means a Vehicle with a four-wheel drive transmission system that can be engaged in four-wheel drive mode.

2. 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 and valid licence (not being a restricted licence, learner’s licence or provisional licence) to drive the Vehicle and have been licenced to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Rental Document.

2.2 You are responsible for the acts and omissions of each Authorised Driver and any other person You or an Authorised Driver allows to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Loss and Damage Waiver option or Excess Reduction option (if accepted or included in Your Rental Charges) if You or an Authorised Driver allows an unauthorised driver to drive the Vehicle and that unauthorised driver causes loss of or damage to the Vehicle or damage to the property of a third party.

2.3 To add an Authorised Driver, You must pay the Additional Driver Fee. The additional Authorised Driver must provide NCN Travel & Rent a valid licence confirming the additional Authorised Driver is authorised to drive the Vehicle at the time the Rental Document is signed.

• Only Authorised Drivers are to drive the vehicle.

• The key to the vehicle is your responsibility; always remember to safeguard it.

• There are restrictions to where you can and cannot drive the vehicle – refer to Clause 3 and Annexure E for detail

3. 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.

3.2 Prohibited use - You must not use the Vehicle:

a) On beaches, through streams, rivers or flood waters;

b) On fire trails;

c) In the snow; or

d) In any location listed in Annexure D.

3.3. Unauthorised use - unless authorised in writing from NCN Travel & Rent, You must not use the Vehicle:

a) Airside on or at any airport;

b) To enter in to, or leave, the Northern Territory, Western Australia or Tasmania; or

c) To leave the Mainland unless linked by road (bridge).

4. USE OF THE VEHICLE

4.1 You and any Authorised Driver must:

a) Not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;

b) Not allow the Vehicle to be used to push anything without NCN Travel & Rent’s prior written consent;

c) Not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the vehicle appropriately uses the seat belt restraint;

d) Not be under the influence of alcohol, drugs or have a blood alcohol or drug content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;

e) Not use or allow the Vehicle to be used to carry passengers for payment of any kind;

f) Not use the Vehicle when it is damaged or unsafe;

g) Provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including animal) until you have obtained NCN Travel & Rent’s prior written consent to do so;

h) Not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer’s Specifications and Budget’s recommendations;

i) Not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;

j) Not use the Vehicle to carry any inflammable substance which has a flashpoint under 22.8°C or any other explosive or corrosive substances without Budget’s prior written consent;

k) Not use the Vehicle to prepare, commit or assist in any criminal or Terrorist Act

l) Not use the Vehicle for the conveyance or towing of any load unless You have NCN Travel & Rent’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 NCN Travel & Rent’s recommendations;

m) Pay all tolls, parking charges, cleaning fees, fines and infringements incurred by You or any Authorised Driver relating to or in connection with the Vehicle;

n) Not use the Vehicle in contravention of any law; and

o) Not register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

5. VEHICLE MAINTENANCE, SECURITY AND CLEANING

5.1 You and any Authorised Driver must:

a) Maintain all of the Vehicles engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that NCN Travel & Rent has provided the Vehicle to you with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;

b) keep the Vehicle locked and secure when it is unattended and take all reasonable precautions to safeguard the keys under Your or the Authorised Driver’s personal control or, keep the keys in a locked and secure environment at all times; and

c) Comply with all applicable seatbelts and child restraint laws.

5.2 We may conduct identity, security, driving licence and credit checks prior to renting a Vehicle to you and if you fail to meet any of our checks, we may refuse to rent the Vehicle to you;

5.3 Vehicles may be fitted with geo-location systems and tracking devices which can be used to open and close the Vehicle and track and record the geographical location, distance and speed of the Vehicle during the rental. It can also be used to immobilise the Vehicle if we have reasonable grounds to suspect the Vehicle is being used unlawfully or outside of the terms of the Rental Agreement. You agree that we can track and record your location and your use of the Vehicle.

5.4 You acknowledge that NCN Travel & Rent may from time to time receive telematics data from device-equipped vehicles where driver monitoring is enabled, including fuel levels, distance, speed, vehicle location data (including the longitude at latitude and direction of travel), vehicle damage detection data, vehicle diagnostic information (such as advice that the engine warning light has activated), breaking, acceleration and cornering data.

5.5 NCN Travel & Rent will provide 24 hour roadside assistance for all inherent mechanical faults (as reasonably determined by NCN Travel & Rent or its authorised repairer) at no additional cost provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of clauses 3 or 4.1 (save, in respect of clause 4.1(n), for minor infractions).

5.6 For each roadside assistance call out for a fault or incident caused by Your act or omission (including, but not limited to emergency refuelling up to an amount required to reach the nearest petrol station), a tyre-related incident (unless You have purchased Windscreen and Tyre Protection), lost keys, keys locked in the Vehicle, or a flat battery due to lights or other electrical equipment being left on, You will be charged the Roadside Callout Fee, unless You have purchased Roadside Assistance Cover.

5.7 Roadside Assistance Cover does not apply if the Vehicle has been used in breach of clause 3 or 4.1 (save, in respect of course 4.1(n), for minor infractions) or in respect of any additional amount(s) payable under clauses 8.1 and 8.2.

5.8 You must not have repairs to the Vehicle carried out unless NCN Travel & Rent authorises you to do so in writing. NCN Travel & Rent requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt from the repairer to assist NCN Travel & Rent. NCN Travel & Rent will reimburse you for any repairs to the Vehicle authorised by NCN Travel & Rent in writing, provided that NCN Travel & Rent can verify the cost of those repairs. To the extent that NCN Travel & Rent cannot verify the cost of repairs, NCN Travel & Rent will not reimburse you.

5.9 If You or another person has been using the Vehicle during the Rental Period in breach of clause 4.1(i) or returned the Vehicle in an excessively poor condition (excluding Fair Wear and Tear); You may be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by NCN Travel & Rent and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.

5.10 Windscreen and Tyre Protection covers you for damage to Your Vehicle's windscreen, front or back windscreens, and all side window glass and all tyres, including the spare tyre. The exclusions to this coverage are Vehicle mirrors, headlights, any part of the wheel (i.e. hubcap, rim and alloy wheels) or damage to the Vehicle directly caused by your breach of this Agreement, or for which you are liable by virtue of clauses 8.1 and 8.2

ROADSIDE ASSISTANCE COVER

It will cover you for those little things that can go wrong, such as:

• Call out fees as a result of non-mechanical, customer at fault roadside assistance support

• Recovery support for vehicle lock-outs, vehicle unlock (e.g. keys locked inside)

• Recovery support for jump-starts due to a flat battery

• Recovery support for tyre-related incidents, e.g. change (not the cost for the tyre)

• Towing costs up to 100km and/or to the nearest rental location under 100km

• The cost for lost or replacement keys If you’re not covered, you can incur a call-out fee – refer to Annexure C for details

6. RETURN OF THE VEHICLE

6.1 You must return the Vehicle to NCN Travel & Rent;

a) To the place, on the date and by the time shown on the Rental Document unless You have informed NCN Travel & Rent of a change prior to the return date and time and NCN Travel & Rent has agreed to the change; and

b) In the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear accepted.

6.2 If You tell NCN Travel & Rent that You wish to return the Vehicle to a location other than that stated on the Rental Document, NCN Travel & Rent will advise You of the amount of the ‘one way fee’ that You will incur (unless clause 6.5(a) applies to You). If You do not tell NCN Travel & Rent in advance, You must pay a ‘one way fee’ of up to $2 per kilometre (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under clause 6.3 or 6.4.

6.3 If You:

a) Return the Vehicle at a later date or time than that shown on the Rental Document;

b) Return the Vehicle to a place other than that shown on the Rental Document; or

c) Do not comply with any special conditions set out in the ‘Rates’ section on the Rental Document, the rates shown on the Rental Document may continue to apply for the additional rental days as well as any One Way Fee and Late Return Charge.

6.4 If you return the Vehicle at an earlier date or time than agreed, the rates shown on the Rental Document will not apply and you must pay the rate that was applicable for the Vehicle for the Rental Period (which is likely to be higher than the rates shown on the Rental Document).

6.5 NCN Travel & Rent may request the immediate return of the Vehicle, or NCN Travel & Rent may recover the Vehicle without notice, if:

a) The limit on your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘one way fee’ becomes payable by you;

b) The Rental Period expires without satisfactory arrangements having been made by you with Budget; or

c) NCN Travel & Rent reasonably suspects that:

(i) The Vehicle may be used for an unlawful purpose;

(ii) Damage to the Vehicle, or injury to persons or property, is likely to occur; or

(iii) The Vehicle will be involved in an industrial dispute.

6.6 If you do not return the Vehicle on the date and by the time shown on the Rental Document or any extended date or time agreed with NCN Travel & Rent in writing then:

a) After written notice to you and if the location of the Vehicle is unknown, NCN Travel & Rent may report the Vehicle as stolen to the police; and

b) You must pay NCN Travel & Rent all Rental Charges (including additional Rental Charges) and compensate NCN Travel & Rent in accordance with clause 8 for any loss NCN Travel & Rent suffers (including all reasonable additional costs NCN Travel & Rent incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by NCN Travel & Rent.

6.7 If You have breached the Rental Agreement and Your breach of the Rental Agreement (or a breach of the Rental Agreement by any Authorised Driver) has caused the downtime of the Vehicle, You may be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime).

7. FUEL

7.1 You must fill the vehicle only with the fuel type specified in the Manufacturer Specifications.

7.2 If you drive the Vehicle less than 120 kilometres during the rental period, you will be charged the Refuelling Service Fee per kilometre driven as set out in the Rental Document. NCN Travel & Rent will waive the Refuelling Service Fee if you present a receipt indicating you have refuelled the Vehicle and the Vehicle has the same level of fuel that the Vehicle had when you rented it, as determined reasonably by NCN Travel & Rent’s visual or electronic inspection of the Vehicle's fuel gauge.

7.3 If:

a) You drive the Vehicle 120 or more kilometres during the Rental Period;

b) You do not select the ‘prepaid fuel option’ in the Rental Document where that option is available; and

c) You return the Vehicle with less fuel in the Vehicle than the Vehicle had when you rented it; you must pay NCN Travel & Rent the Refuelling Service Fee amount per litre as set out on the Rental Document. The Refuelling Service Fee amount reflects the cost of fuel per litre plus NCN Travel & Rent’s reasonable costs associated with arranging to fill the Vehicle with fuel.

7.4 For the purpose of clause 7.3 the fuel level of the Vehicle at the time You rent it and at the time You return it to NCN Travel & Rent is determined by visual or electronic inspection by NCN Travel & Rent of the Vehicles fuel gauge, and the kilometres driven, however if a Refuelling Service Fee amount is charged, that amount will be based on the number of litres of fuel actually put into the Vehicle to return it to the level of fuel that the Vehicle had when you rented it.

8. LIABILITY FOR LOSS OR DAMAGE

8.1 Subject to clauses 8.2, 8.3 and 9, you are liable:

a) To compensate NCN Travel & Rent for any damage to or loss of the Vehicle, including hail, flood or storm related damage or theft of the Vehicle, during the term of Your Rental Agreement; and

b) For damage to third party property which is caused or contributed to by you or an Authorised Driver or any person you or the Authorised Driver allow to drive the Vehicle and to the extent permitted by law, NCN Travel & Rent will not be responsible for such liability.

8.2 If, acting reasonably, we accept that the loss or damage referred to in clause 8.1 was not your fault, you will not be liable to compensate NCN Travel & Rent provided:

a) You are a resident in Australia;

b) You provide NCN Travel & Rent with the following details of the incident;

i. The name, residential address, contact phone and licence number of any person involved;

ii. The name of any insurer of any third party you believe was at fault;

iii. The registration numbers of all vehicles involved;

iv. An accurate description of the incident and location;

v. The names of any attending police officers and the stations at which they are based; and

c) NCN Travel & Rent reasonably believes that it will recover the amount of loss or damage from a third party.

8.3 NCN Travel & Rent is liable for any damage to or loss of the vehicle that is our fault. This includes:

a) Any failure on our part to properly maintain the Vehicle; and

b) Loss or damage directly due to our negligence or wilful default

• In the event of an accident or damage it is important not to panic.

• Please notify us as soon as practical. The number for your rental location can be found on your Rental Agreement.

• If it is safe to do so please take pictures of the accident site and all vehicles involved

9. LOSS DAMAGE WAIVER

9.1 Subject to clause 9.2, if you are or would be liable to compensate NCN Travel & Rent pursuant to clause 8.1, we will waive that liability if:

a) You had accepted and paid for the Loss Damage Waiver option on the Rental Document (or if it is included in your rate); and

b) You pay the Excess Amount stated on the Rental Document for each separate event involving:

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

ii) Damage which is caused by you or an Authorised Driver.

9.2 The waiver in clause 9.1 will not apply and you may be liable for the full cost of:

a) Overhead Damage or Underbody Damage (including, without limitation, damage which occurs if you come into contact with including, but not limited to, a bridge, a tunnel, a tree, or the roof or boom gate of a car park; or damage, including but not limited to, the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds) which damage is not attributable to Fair Wear and Tear;

b) You driving the Vehicle in a manner that results in total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water including, without limitation, damage which occurs as a result of You driving the Vehicle through floods, creeks or rivers;

c) Damage to the Vehicle caused by a breach of clause 3, 4.1, 5.1, 5.8 or 7.1 (save, in respect of clause 4.1(n), for minor infractions) by you;

d) Damage to a tyre or an Accessory not attributable to Fair Wear and Tear that is caused deliberately or recklessly by you;

e) Theft of the Vehicle, unless You report the Vehicle as stolen to the police immediately on becoming aware of the theft, provide full details of the theft and provide a copy of the police report to NCN Travel & Rent as soon as You receive it; or

f) Loss or damage to your property, the property of a member of your immediate family or of a person related to you or a person residing at your premises if that loss or damage is caused by a breach of these Terms and Conditions by You.

For the purposes of paragraphs 9.2(a) to 9.2(f), any reference to you includes an Additional Driver and any person you or the Authorised Driver allow to drive the Vehicle.

10. ASSESSMENT AND PAYMENT FOR LOSS OR DAMAGE

10.1 a) If:

i) You are required to pay the Excess Amount under clause 9.1(b); or

ii) Fault has not been determined but NCN Travel & Rent reasonably regards you as being the party at fault; or

iii) You have not provided information in relation to Clause 8.2; or

iv) You are not ordinarily a resident in Australia, NCN Travel & Rent will debit Your Account with the Excess Amount.

b) Where you are liable under clause 9.1(b) for the Excess Amount, one Excess Amount for each separate damage incident will be debited by Budget. The Excess Amount will be debited at the time of loss of, or damage to, the Vehicle and or damage to the property of any third party.

c) If NCN Travel & Rent subsequently comes to a reasonable belief that a third party or the insurer of a third party will pay NCN Travel & Rent for the loss or damage to the Vehicle, NCN Travel & Rent will, within a reasonable period of time of forming that belief, refund you the Excess Amount.

10.2 If you report in writing (to NCN Travel & Rent) that a third party has been involved in an accident, NCN Travel & Rent will take reasonable steps to determine fault and, where practicable, obtain an admission from the third party or the third party’s insurer. If NCN Travel & Rent obtains that admission and you ordinarily reside in Australia and have an Australian driver’s licence, NCN Travel & Rent will not debit Your Account with the Excess Amount.

10.3 a) For the purposes of this clause 10.3, ‘Recovery Cost’ means, in relation to the loss of, or damage to, the Vehicle the sum of;

i) Any appraisal fees actually and reasonably incurred;

ii) Any retrieval, towing and storage costs actually and reasonably incurred; and

iii) A reasonable administrative fee reflecting the cost of making arrangements for retrieval, towing and repairs, and other administrative activities.

b) If clause 8.1, 9.1 or 9.2 applies, NCN Travel & Rent will notify you of the Recovery Cost. You must pay to NCN Travel & Rent, or You authorise NCN Travel & Rent to debit Your Account with, the Excess Amount at the time of loss of, or damage to, the Vehicle pending NCN Travel & Rent’s assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to Your right to a refund under clause 10.5

c) For the purposes of calculating any refund under clause 10.5, NCN Travel & Rent will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.

d) If clause 8.1 applies, and if the total of the Recovery Costs and the costs and fees that you must pay under clause 9.1 is greater than the Excess Amount, You must pay the Excess Amount to NCN Travel & Rent, or NCN Travel & Rent may debit Your Account with that amount.

10.4 Where you are required to pay NCN Travel & Rent under clause 8, the amount you must pay for any loss, damage, repair, cost or fee:

a) May be reasonably determined by NCN Travel & Rent;

b) 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.

10.5 If the amount determined by NCN Travel & Rent and paid by you under clause 10.3(b) exceeds the final cost of the loss, damage or repair, NCN Travel & Rent will refund the difference to you within a reasonable period of time.

10.6 NCN Travel & Rent will provide details to you of the final cost of the loss, damage or repair on request by you and within a reasonable period of time. These details will include supporting documentation such as copies of the Recovery Costs, repair invoices and photos of damage if NCN Travel & Rent is required to provide these under the Code.

10.7 If you report the Vehicle as stolen to NCN Travel & Rent and to the police in accordance with these Terms and Conditions, NCN Travel & Rent will debit Your Account for the Excess Amount. NCN Travel & Rent will initiate inquiries with the relevant authorities with a view to recovering the Vehicle. If the Vehicle is recovered, NCN Travel & Rent will refund the Excess Amount less Recovery Cost and any amount for damage arising from the condition in which the Vehicle is found as a result of the theft, which is not recovered from a third party

11. CLAIMS AND PROCEEDINGS

11.1 Where the use of the Vehicle by You, or an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or the property of any third party (Incident), You must ensure that You or any Authorised Driver:

a) Promptly reports the Incident to the local police (if required by law);

b) Promptly reports the Incident in writing to NCN Travel & Rent;

c) Not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident, except to the extent that You or the Authorised Driver are required to provide a statement to the police;

d) Permits NCN Travel & Rent, or its insurers at their own cost to bring, defend, and force or settle any legal proceedings against a third party in your name or in the name of the Authorised Driver in relation to the Incident;

e) Permits or ensures that NCN Travel & Rent or its insurers 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, NCN Travel & Rent in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to NCN Travel & Rent; and

f) Completes and furnishes to NCN Travel & Rent or its insurers within a reasonable time any additional statement, information or assistance which NCN Travel & Rent, its insurers may reasonably require, including attending a lawyer’s office and at Court to give evidence.

11.2 NCN Travel & Rent will meet the reasonable out of pocket expenses of you or the Authorised Driver in complying with clause 11.1 (e) or 11.1(f).

11.3 If You do not comply with clause 11.1, and NCN Travel & Rent, or its insurer are unable to investigate the incident in full due to this noncompliance, NCN Travel & Rent will, if it is reasonable to do so, notify You of the amount of the Rental Charges and, if those charges are not disputed by You within 5 working days, then by these Terms and Conditions You authorise NCN Travel & Rent to debit from Your Account all Rental Charges pending receipt of a report about the Incident made by You or the Authorised Driver (as the case may be).

12. PAYMENT

12.1 At the end of the Rental Period, You authorise the debit of Your Account by NCN Travel & Rent to pay:

a) All Rental Charges;

b) Any amount paid or payable by NCN Travel & Rent or You to any person arising out of your use of the Vehicle or imposed on you or NCN Travel & Rent by any government or other competent authority;

c) The replacement cost as reasonably determined by NCN Travel & Rent for a lost or stolen Accessory;

d) The card surcharge payable for the method of payment You choose to use for Your Account; and

e) Any amount which you reasonably owe to NCN Travel & Rent under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. NCN Travel & Rent will provide to you clear information containing sufficient detail about any amount payable under this clause 12.1, including a clear justification with respect to the amounts charged and how these amounts have been calculated.

f) Such payment to be adjusted for any payment made at an earlier date pursuant to the Rental Document.

12.2 Each Rental Charge calculated and invoiced to you at the time of the return of the Vehicle is subject to subsequent verification by NCN Travel & Rent. If NCN Travel & Rent reasonably determines that a Rental Charge should be adjusted, NCN Travel & Rent will provide details to you if NCN Travel & Rent has your contact details.

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

a) one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to clause 6.4); and

b) The amount payable for the number of kilometres driven during the Rental Period.

12.4 Distance charges including the number of kilometres driven are measured from the Vehicle’s odometer.

12.5 NCN Travel & Rent will notify you of all amounts payable to NCN Travel & Rent under clause 12.1. You may dispute these amounts by contacting [email protected] within 5 working days of the notification being sent under this clause 12.5 (Notice Period). Any disputed amounts will be dealt with in accordance with the dispute resolution process under clause 15.

12.6 Further to clause 12.5, if an amount is payable under clauses 12.1(c) or (e), NCN Travel & Rent will not debit Your Account during the Notice Period. You authorise NCN Travel & Rent to charge and debit from Your Account all amounts that remain undisputed at the end of the Notice Period payable to NCN Travel & Rent under clauses 12.1(c) or (e).

12.7 If You pay Your Rental Charges by credit or debit card, You acknowledge that it may take 7-10 business days for Your financial institution to release any amount which has been authorised by that institution at the request of NCN Travel & Rent under clause 12.1 which is in excess of Your Rental charges.

12.8 NCN Travel & Rent will pay, within 14 days, any refund due to you by such method as NCN Travel & Rent may reasonably choose.

12.9 If You fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which You were required to pay the amount, You must also pay NCN Travel & Rent and You authorise NCN Travel & Rent to debit from Your Account NCN Travel & Rent’s Collection Costs from the date of demand.

13. TERMINATION

13.1 Either party may terminate the Rental Agreement at any time if the other party commits a breach of the Rental Agreement.

13.2 Subject to clause is 6.2 to 6.6 (inclusive) and 12.3, you may terminate the Rental Agreement at any time by returning the Vehicle to NCN Travel & Rent.

13.3 NCN Travel & Rent may terminate the Rental Agreement if we are required by the police or other regulatory authority to take possession of the Vehicle from You.

14. PROPERTY IN VEHICLE

14.1 Unless NCN Travel & Rent or a NCN Travel & Rent employee acting in the course of the employment is negligent, or fraudulent, NCN Travel & Rent is not liable to any person for any loss of, or damage to any property:

a) Left in the Vehicle by You after it is returned to NCN Travel & Rent; or

b) Stolen from the Vehicle or otherwise lost during the Rental Period.

15. DISPUTE RESOLUTION

15.1 NCN Travel & Rent will use its best endeavours to respond to your complaint within 15 business days of the date of receipt of the complaint, provided NCN Travel & Rent has all necessary information and has been able to complete any investigation required.

15.2 If NCN Travel & Rent cannot respond within 15 business days, we will let you know as soon as reasonably practicable (and within 15 days of receiving your complaint) of the revised response date.

15.3 Your complaint will be reviewed by a NCN Travel & Rent representative who:

a) Has appropriate experience, knowledge and authority; and

b) Is different from the person or persons whose decision is the subject of the complaint.

15.4 NCN Travel & Rent’s response to the review of a customer’s complaint will be in writing and will include:

a) The final decision in relation to the complaint;

b) The reasons for that decision; and

c) The right to take the dispute to external dispute conciliation.

15.5 If you do not accept the resolution of your complaint through our internal dispute resolution process, you may refer the matter to the Australian Car Rental Conciliation Service (ACRCS) facilitated by lodging a complaint online at https://www.carrentalconciliationau.com

15.6 NCN Travel & Rent will participate in ACRCS process in good faith, including by being represented by an employee or representative who has sufficient authority to negotiate and agree an outcome with you. NCN Travel & Rent will comply with any directions made by the ACRCS for the conduct of the conciliation. NCN Travel & Rent will seek to resolve the matter with you during the conciliation and will consider any recommended resolution.

16. GENERAL

16.1 For the avoidance of doubt, nothing in these Terms and Conditions creates an entitlement or provides for you to;

a) Benefit from any insurance policy; or

b) Have NCN Travel & Rent or its insurers to defend, settle or otherwise act on your behalf in relation to any claim brought against you.

17. PRIVACY

17.1 Any personal information provided by You (whether personal information of You or another individual which You have the necessary consents to provide) may be collected, used and disclosed by NCN Travel & Rent for the purposes contemplated by this Rental Agreement (including the Privacy Collection Statement) and Privacy Notice which can be found at www.budget.com.au/privacy. You agree that by entering into this Rental Agreement, You have read the Privacy Collection Statement and Privacy Notice, understood its contents and consented to its requirements.

17.2 You must not provide NCN Travel & Rent with any personal information of another individual unless you first make them aware of the Privacy Collection Statement and Privacy Notice and have their consent to provide such personal information to NCN Travel & Rent.