credit card authorisation for rentals

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CREDIT CARD AUTHORISATION FOR RENTALS Budget Rent a Car Australia Pty Ltd ABN: 89 007 348 021 Tower B, Level 1, 197 Coward Street MASCOT NSW 2020 Telephone: (02) 9578 1000 Is this (please tick): an application for a new authorisation? or a change to an existing profile/authorisation? If so, your BCN is: _____________________

CARDHOLDER’S DETAILS APPLICATION DETAILS Full Legal Name of Cardholder (‘Cardholder’): ___________________________________________________________________________________________ Full Trading Name of Cardholder (if different from Cardholder’s name):______________________________________________________________________ ABN: ____________________________________________________________________________ BCD:______________________________________________ Telephone: (

) __________________________________________________ Fax: (

)_____________________________________________________

Website Address:_____________________________________________________________________________________________________________________ Postal Address: ______________________________________________________________________________________________________________________ _________________________________________________________________________________ State: _____________________ Postcode: _______________

CARDHOLDER’S NOMINATED CREDIT CARD Credit card number: _______________________________________________________________ Expiry date: ___________________________________________ Credit card type (please tick):

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Amex

Visa

MasterCard

Diners Club

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Name shown on credit card (if different to name of Cardholder above):______________________________________________________________________

EXCESS REDUCTION OPTION The terms governing the ‘Excess Reduction’ option for the rental of Budget vehicles are set out on the Budget website (www.budget.com.au). For all Budget vehicle rentals by a Renter (as that term is defined in the attached ‘Budget Credit Card Authorisation – Terms and Conditions’) (‘Renter’), the Cardholder (please tick): DECLINES Excess Reduction

ACCEPTS Excess Reduction

[If the ‘DECLINES’ and ‘ACCEPTS’ boxes are not ticked, we will record ‘DECLINES’ in our records for that option. The Cardholder will therefore not have the benefit of such option and may be responsible for all loss or damage to a vehicle depending on the terms of the Budget Rental Agreement in the country where the rental takes place. ]

RMS E-TOLL FACILITY Roads and Maritime Services ABN 76 236 371 088 (‘RMS’) provides an E-toll facility to renters of Budget vehicles (‘RMS E-Toll Facility’) (see http://www.www.myetoll.com.au/budget for details). By completing and signing this Authorisation Form, the Cardholder and a Renter are permitted to use the RMS E-Toll Facility. Tolls and fees incurred by either the Cardholder or the Renter using the RMS E-Toll Facility on toll roads in Australia during a Budget rental will be charged to the Cardholder’s credit card set out above or replacement or substitution of that credit card notified by the Cardholder to Budget from time to time (‘Nominated Credit Card’) in accordance with the agreement below. For the terms and conditions attaching to RMS’ use of the Cardholder’s Nominated Credit Card and the use of the RMS E-Toll Facility, please see the ‘RMS Credit Card Authorisation – Terms and Conditions’ below.

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AGREEMENT To: Budget Rent a Car Australia Pty Limited (‘Budget’) And to: Roads and Maritime Services ABN 76 236 371 088 (‘RMS’)

By completing and signing this Authorisation Form: 1. the Cardholder authorises: (a) Budget to debit the rental fees, charges and amounts incurred during a Budget vehicle rental by the Cardholder or a Renter to the Nominated Credit Card; and (b) RMS to debit the tolls and fees incurred under the RMS E-Toll Facility during a Budget vehicle rental by the Cardholder or a Renter to the Nominated Credit Card; 2. the Cardholder acknowledges that the Nominated Credit Card may not be used by the Cardholder or a Renter at some Budget locations outside Australia; and 3. the Cardholder agrees to be bound by:

(a) the attached ‘Budget Credit Card Authorisation – Terms and Conditions’;



(b) the attached ‘RMS Credit Card Authorisation – Terms and Conditions’; and



(c) if the ‘ACCEPTS’ box for ‘Excess Reduction’ is ticked above, the terms governing the ‘Excess



Reduction’ option for the rental of Budget vehicles.

You can access the supporting documents referred to in the attached Terms and Conditions and the terms governing the ‘Excess Reduction’ option from the Budget website (www.budget.com.au).

Signed by the Cardholder by: ____________________________________________________________________ Date: [The person signing this form separately represents to Budget that he/she has the authority to bind the Cardholder.]

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Name: __________________________________________________________________________________ Title: ____________________________________________________________________________________

Please return this completed and signed Form to Budget at: Database Department Budget Rent a Car Australia Pty Limited PO Box 876 Mascot NSW 1460

BUDGET USE ONLY STC: ____________________________________________________________ SIGNED: ________________________________________________________ DATE: ___________________________________________________________ CORPORATE: TRAVEL AGENCY: DIVISIONAL BCD TO BE CREATED:

Y

N

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BUDGET CREDIT CARD AUTHORISATION – TERMS AND CONDITIONS

1 DEFINITIONS Authorisation means the attached Authorisation Form. Authorised Driver means a person authorised to drive a Budget vehicle rented by a Renter under a Rental Agreement. Base Rate means for any day (Relevant Day) and in respect of a term equivalent to 30 days (Base Rate Term): (a) the average bid rate displayed at or about 10.30am on the Relevant Day on the Reuters screen BBSY page for the Base Rate Term; or (b) if, for any reason, the rate in paragraph (a) is not displayed or is not available, the rate determined by Budget at or around 10.30am on the Relevant Day, having regard to comparable indices available to Budget at that time, for the Base Rate Term. All calculations of rates for the purposes of this definition are to be expressed as a yield percent per annum to maturity. Budget Terms means these ‘Budget Credit Card Authorisation – Terms and Conditions’. Credit Card has the same meaning as ‘Nominated Credit Card’ in the Authorisation. our, us, we or Budget means Budget Rent a Car Australia Pty Ltd ABN 89 007 348 021 or, where applicable, a Budget Rent a Car System licensee. PIN means (as applicable):

(a) a unique number provided by Budget to you for the booking of a rental of a Budget vehicle by, or on behalf of, you; or

(b) a unique number provided by Budget to a person who has completed a Budget Fastbreak ‘Master Rental Agreement Enrolment Form and Profile’ for the booking of a rental of a Budget vehicle by, or on behalf of, that person. Rental Agreement means the agreement between us and a Renter under which the Renter rents a vehicle from us including, where applicable, the Rental Document. Rental Document means the document issued by Budget to and, where applicable, signed by a Renter for the rental of a vehicle which sets out the relevant details and rental fees, costs, charges and other amounts payable under the Rental Agreement. Renter means a person who quotes a Reservation Number at the time of renting a Budget vehicle and who rents the vehicle. Reservation Number means a unique number obtained by, or on behalf of, you from the Budget reservation system for the rental of a Budget vehicle using a PIN. RMS means Roads and Maritime Services ABN 76 236 371 088. you or your means the person or entity defined as the ‘Cardholder’ in the Authorisation. 2 GENERAL (a) Each Rental Agreement is a separate contract between us and the Renter. Each rental of a vehicle from us is subject to the terms and conditions of the Rental Agreement except as varied by these Budget Terms. (b) You authorise us to debit your Credit Card with all fees, costs, charges and other amounts owing to us for which a Renter is liable under a Rental Agreement, including any amount imposed by a government or other competent authority (such as tolls or speeding, parking and traffic fines). (c) Nothing in these Budget Terms guarantees the availability of a Budget vehicle for rental. (d) You warrant that all information provided in the Authorisation is true and correct and not misleading in any way. (e) You must promptly inform us in writing if any of the matters in the Authorisation change. (f)

Subject to these Budget Terms, you must ensure that each Renter and any Authorised Driver complies with all of the terms of a Rental Agreement (including in relation to the use of the vehicle).

(g) We may vary these Budget Terms by notice. You accept any variation of these Budget Terms if a PIN is used to book the rental of a Budget vehicle after you have received such notice. (h) Subject to clause 2(i), either you or Budget may terminate these Budget Terms by giving 7 days’ notice to the other party. Upon termination, you remain liable for any amount due to us under these Budget Terms and any Rental Agreement entered into on or prior to the date on which termination takes effect. (i)

We may suspend or terminate the arrangements constituted by these Budget Terms if you breach these Budget Terms or if a Renter or Authorised Driver breaches a Rental Agreement.

(j) These Budget Terms are governed by the laws of New South Wales and you agree to submit to the jurisdiction of the courts exercising jurisdiction there. (k) We may need to undertake certain credit checks or trade references in respect of your Authorisation. You consent to us undertaking these checks or references. 3 RESERVATIONS All reservations of Budget vehicles must be made by, or on behalf of, you on telephone number 1300 362 848 (or such other number advised by us to you) or on line at: www.budget.com.au by using a PIN.

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4 USE OF CREDIT CARD AND PIN (a) When renting a vehicle from us, a Renter must provide: (1)

a Reservation Number, which act is your authority to us to debit the charges in relation to the rental of the vehicle to your Credit Card; and

(2)

their current driver’s licence (see clause 4(b) below).

(b) A Renter must hold a current driver’s licence (not being a provisional or learner’s licence) appropriate for the class of vehicle to be rented and have been licensed to drive vehicles of that class for at least 12months. (c) You must promptly inform us in writing if: (1)

the Credit Card is lost or stolen or if you believe the Credit Card is lost or stolen; or

(2)

the security of a PIN is breached or compromised.

(d) You indemnify us for any loss which we incur or suffer in relation to any use of: (1)

the lost or stolen Credit Card, or if the Credit Card is believed to be lost or stolen, until we have received notice of the loss or theft of the Credit Card; or



the PIN, until we have received notice of a breach or compromise of the security relating to the PIN.

(2)

5 INVOICE AND PAYMENT (a) We will provide a tax invoice for each rental to a Renter at the conclusion of the rental. (b) If the amount of the invoice is not paid (including because of the rejection of the credit card debit or the subsequent reversal of the debit (by charge back or otherwise)), you must pay us the amount of the invoice (including GST) within 30 days of the invoice not being paid. (c) If you do not pay within 30 days of the date of being notified under clause 5(b), you are liable for: (1)

interest on the invoice amount at the Base Rate plus 2 percent per annum, calculated on a daily basis, from the due date to the date of full payment (both dates inclusive) and compounding daily; and

(2)

all collection costs (including all reasonable legal fees) incurred and paid by us and interest at the above rate on any amount paid by us from the date of payment to the date of full repayment (both dates inclusive) and compounding daily.

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RMS CREDIT CARD AUTHORISATION – TERMS AND CONDITIONS

1 DEFINITIONS Fees has the meaning given to it in the RMS Customer Agreement. RMS Customer Agreement means the agreement between a Renter and RMS comprising: (a) for standard customers, the ‘RMS E-Toll Facility Terms and Conditions’ and the ‘RMS Privacy Consent and Agreement’; and (b) for Fastbreak customers, the ‘RMS E-Toll Facility Terms and Conditions for the Budget Fastbreak Service’ and the ‘RMS Privacy Consent and Agreement for the Budget Fastbreak Service’, under which the Renter can use the RMS E-Toll Facility and, where applicable, the Rental Document. RMS E-Toll Facility means the tolling facility provided to a Renter by RMS. RMS Terms means these ‘RMS Credit Card Authorisation - Terms and Conditions’. 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 a vehicle during the period in which a Renter has rented the vehicle. A word defined in the ‘Budget Credit Card Authorisation - Terms and Conditions’ (set out above) has the same meaning in these RMS Terms. 2 AGREEMENTS WITH RMS Budget has been appointed by RMS as its agent for the purpose of RMS entering into: (a) the RMS Customer Agreement with a Renter; and (b) in consideration of RMS providing the RMS E-Toll Facility to each Renter, a separate contract with you on the terms of these RMS Terms to, among other things, pay the Tolls, Fees and other amounts incurred by a Renter under their RMS Customer Agreement. 3 TERMS (a) Each RMS Customer Agreement is a separate contract between RMS and the Renter and is subject to the terms of the RMS Customer Agreement. (b) Subject to these RMS Terms, you must ensure that each Renter complies with all of the terms of their RMS Customer Agreement. (c) You authorise RMS to debit your Credit Card with, and must pay to RMS, all Tolls, Fees and other amounts owing to RMS under or in connection with each RMS Customer Agreement by a Renter, including a service fee (currently $3.30) for each calendar day on which the Budget rental vehicle incurs a Toll during the period of rental. (d) Part of the service fee referred to in clause 3(c) is paid by RMS to Budget. (e) The provision by a Renter of a Reservation Number to us is your authority to RMS to debit all Tolls, Fees and other amounts incurred by the Renter under or in connection with their RMS Customer Agreement to your Credit Card. (f) You must ensure that a Renter does not use any other tag or tolling product of any other toll provider in a Budget rental vehicle. (g) RMS may vary these RMS Terms by notice from Budget (as RMS’ agent) or RMS. You accept any variation of these RMS Terms if a Renter uses a Reservation Number after you have received such notice. (h) Subject to clause 3(i), either you or RMS may terminate these RMS Terms by giving 7 days’ notice to the other party. Upon termination, you remain liable for any amounts due to RMS under these RMS Terms and a RMS Customer Agreement entered into on or prior to the date on which termination takes effect. (i) RMS may suspend or terminate the arrangements constituted by these RMS Terms if you breach these RMS Terms or if a Renter breaches the RMS Customer Agreement. (j) These RMS Terms are governed by the laws of New South Wales and you agree to submit to the jurisdiction of the courts exercising jurisdiction there. 4 INVOICE AND PAYMENT (a) RMS will issue a tax invoice to you directly for all Tolls, Fees and other amounts incurred by a Renter under or in connection with their RMS Customer Agreement. (b) If the amount of the invoice is not paid (including because of the rejection of the credit card debit or the subsequent reversal of the debit (by charge back or otherwise)), you must pay RMS the amount of the invoice (including GST) within 30 days of the invoice not being paid. (c) If you do not pay within 30 days of the date of being notified under clause 4(b), you are liable for all collection costs incurred by RMS including, but not limited to, all reasonable legal fees.

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